(A series of lesson plans exploring the role of the judicial branch in a system of separation of powers and checks and balances for both the United States and Missouri.)

Prepared by Millie Aulbur

Director of Law-Related Education for The Missouri Bar

Objectives:     

1.      To explore the role of the courts in both Missouri and the federal government as it relates to the separation of powers and checks and balances.

2.      To consider how judicial review promotes separation of powers and checks and balances.

3.      To examine how the selection of judges affects judicial independence.

4.      To explore the process of how judges are selected both in Missouri and in the federal system.

5.      To compare and contrast federal and state selection and retention of judges.

6.      To explore how judicial independence is related to separation of powers, checks and balances, judicial review and selection of judges.

Grade levels:  9-12

Time required:  At least 5 class periods

Materials:       Handouts, copies of the United States and Missouri Constitutions.  (Note:  Both of these may be accessed online at a variety of sites--United States Constitution:  www.constitutioncenter.org; www.house.gov; www.law.cornell.edu ; Missouri Constitution:  www.sos.mo.gov; www.mobar.org.

The three lessons:

Lesson 1—The Role of the Judiciary in a System of Separation of Powers and Checks and Balances.  This outlines how the Framers of the Constitution anticipated the judiciary would function in our system of separation of powers and checks and balances.  It also looks at how the court has evolved over the last two hundred plus years.   The final section is the role of the judiciary in Missouri government.

Lesson 2—Judicial Review.  This lesson will explain how the power of judicial review evolved in the federal government and how the Missouri Constitution grants this power to Missouri's courts.

Lesson 3—The Selection of Judges.  This lesson plan will explain how federal and Missouri judges are selected.  It will examine the differences between the two systems and how both methods fit into a system of checks and balances.  Missouri's Non-Partisan Court Plan is explained.  There is also a simulation for the federal process of selecting a judge.

Websites and materials used for lesson plans, research and references:

1.      www.crf-usa.org

2.      www.courts.mo.gov

3.      We the People:  The Citizen and the Constitution, published by the Center for Civic Education  

4.      For the Federalist Papers:  www.law.ou.edu/hist/federalist/

5.      www.law.cornell.edu

6.      www.findlaw.com

7.      www.oyez.org