This two-part lesson can be completed individually or in groups. The first part walks students through the content on judicial independence found on the Judicial Learning Center’s web page. This portion could be completed as homework in preparation for the second part.

The second part uses a silly, fictious courtroom scenario, with 19 inaccurate statements.  These statements sometimes target vocabulary, but also involve the trial process and judicial ethics. Students will use what they know about the judicial process, courts, and judicial independence to read the case and pick out the inaccurate statements. Once they are identified, students should note what is wrong with the statement and provide a correction in the space given.

Corresponding Student Center Pages   

• About Federal Judges 
• Judicial Independence 

Suggested Time Needed  

2 class periods 

• Materials
• Objectives & Standards
• Procedure

• • A: Understanding Judicial Independence 
  • B: What’s Wrong with this Court?  

• After completing this activity, students will: 

  • Understand the factors that guarantee the judicial branch’s independence. 
  • Apply the knowledge they have gained about the court process and judicial ethics to pick out inaccurate information.   
  • Have a greater understanding of the judicial process in general. 
  • Have a deeper understand of the reasons for some processes and procedures and recognize how they are related to judicial independence. 

   

  Guiding Questions   

  • What is in place to guarantee that judges are free from public opinion? 
  • What safeguards the independence of the judiciary from the president and Congress? 
  • How might the court system be different if judges were not independent from public opinion, or from the other two branches of government? 
  • How is the idea that the judiciary is independent related to the concept of “separation of powers”? 
  • What does it mean that judges are bound by the “rule of law, not of man”? 
  • How does the independence of the judiciary, and the judicial code of ethics, provide for all people to be treated equally and fairly before the court? 

   

  Missouri Grade Level and Course Level Expectations  

  • 9-12.GV.3.GS.D – Describe and give examples of how the constitutional principle of checks and balances limits the powers of government and leaders. 
  • 9-12.GV.4.GS.C – Compare the various processes pertaining to the selection of political leaders at the federal, state, and local level. 

• Place students into groups of 2, 3, or 4 depending on your class size. 

  Distribute the handout for part 1, and instruct students to go to the Student Center pages at https://judiciallearningcenter.org/about-federal-judges/ and  https://judiciallearningcenter.org/judicial-independence/  

  Tell them to use the two web pages to complete the questions on the handout.   

  Allow time to complete. When finished, discuss the answers. Lead a discussion to include the following points: 

  • Judicial independence is a core concept of the American judicial system. 
  • The courts and judges are independent from public opinion because they are not elected. 
  • The courts and judges are independent from the other two branches because they can’t be fired in times of good behavior, and their salary can’t be reduced by the president or Congress.   
  • Because the courts and judges are independent, they are free to make decisions according to the law, even if those decisions might be unpopular. 
  • Federal judges are bound by the law, and by a strict code of ethics, which provides guidance for judges in maintaining their independence. 

   After summarizing part 1, distribute copies of the handout for part 2. Explain to students that they will be reading a brief scenario about a court case.   

   Explain that there are many errors in the summary, and their job is to find them all. 

   Allow time to complete. When finished, discuss the answers from the teacher guide.   

  Conclusion

  Ask students to share their thoughts on the following: 

  • What exactly is judicial independence? 
  • How does judicial independence provide for all to be treated equally and fairly by the court? 

  Review the Guiding Questions 

  • What is in place to guarantee that judges are free from public opinion? 
  • What safeguards the independence of the judiciary from the president and Congress? 
  • How might the court system be different if judges were not independent from public opinion, or from the other two branches of government? 
  • How is the idea that the judiciary is independent related to the concept of “separation of powers”? 
  • What does it mean that judges are bound by the “rule of law, not of man”? 
  • How does the independence of the judiciary, and the judicial code of ethics, provide for all people to be treated equally and fairly before the court? 

In this two-part activity, students use primary source material to compare qualifications for holding public office and assess the qualities that make a good judge. Part 1 asks students to reflect on the constitutional requirements for holding a position in the legislative, executive and judicial branches. The activity will help students to compare the qualifications given in Article I and Article II of the U.S. Constitution for members of the legislative and executive branches, while noting the lack of such qualifications in Article III, and for the courts. Students are asked to consider what qualifications they might seek in a federal judge if they were president.

Part 2 asks students to write a “help wanted” advertisement for the United States Supreme Court. Students are asked to reflect on the qualities and skills that they think a Justice of the Supreme Court should have as they create their advertisement.

Corresponding Student Center Pages 

• The Constitution  

• About Federal Judges 

Suggested Time Needed  

2 class periods 

• Materials
• Objectives & Standards
• Procedure
• Optional Extension

• A – Comparing Constitutional Qualifications 

  B – “Help Wanted” at the Supreme Court 

• After completing this activity, students will: 

  • Understand specific qualifications for the house, senate, and president. 
  • Understand that Article III of the Constitution fails to list any specific qualifications for federal judges. 
  • Begin to understand the “unwritten” qualifications that a president might seek in a federal judge. 
  • Be able to compare and contrast information to make conclusions. 

   

  Guiding Questions 

  • Why does the U.S. Constitution provide specific qualifications for members of the legislative and executive branches, but not for the courts?  
  • Does the fact that members of the legislative and executive branches are elected, while members of the judiciary are appointed, have something to do with the lack of specific qualifications for the judicial branch in the Constitution?  
  • What sort of qualities might a president seek in a candidate for the federal judiciary?  
  • Since there are no formal qualifications for members of the federal courts, the president must nominate people that he/she feels will be able to do the job well.  What sort of qualities would you look for in a judge if you had to choose members of the Supreme Court?  
  • What is a job qualification?   
  • Are there any areas of specialized knowledge or information that someone should have to become a judge?  If so, what?  

   

   

  Missouri Grade Level and Course Level Expectations  

  • 9-12.GV.1.CC.D – Using an inquiry lens, develop compelling questions to determine helpful sources and consider multiple points of view in the resources. 
  • 9-12.GV.4.GS.C – Compare the various processes pertaining to the selection of political leaders at the federal, state, and local level. 
• 
  

  • Part 1 - Constitutional Qualifications

    Distribute the first handout and lead a discussion on the qualification of office for the legislative and executive branches, listed in Article I and Article II of the Constitution. 

     

    If time allows, you may direct students to review the related Student Center web pages: 

    • The Role of the Federal Courts; The Constitution  
    • Organization of the Federal Courts; About Federal Judges 

     

    Talking points: 

    Article I tells us that members of the House of Representatives must:  

    • Be at least 25 years of age 
    • Be a citizen of the United States for at least seven years 
    • Live in the state that elects them 

     

    Article I tells us that members of the Senate must:  

    • Be at least 30 years of age 
    • Be a citizen of the United States for at least nine years 
    • Live in the state that elects them 

     

    Article II tells us that the President must:  

    • Be at least 35 years of age 
    • Be a natural-born citizen of the United States 
    • Live in the United States for at least 14 years 

     

    Remind student that these are taken directly from the U.S. Constitution.  To provoke thought, you might ask them:  

    • What is a “job qualification?” 
    • Do the qualifications listed in Article I and II refer to specific skills or job training?  
    • Should members of the executive and legislative branches possess certain job skills?  What kind?   
    • Why would citizenship requirements be important when considering members of the legislative and judicial branches?  
    • This may be a good time to talk about natural-born citizenship vs. naturalized citizenship. 
    • Why, especially for members of congress, would residency requirements be important?  
    • Remind students that members of congress represent their state or congressional district and NOT the nation as a whole. 

     

    Remind students that Article III states:  

    “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.” 

     

    After this brief discussion, direct students to the bottom of the handout to complete the chart.  They should identify some job qualifications for federal judges.  This could be done individually, or in small groups.   

     

    Conclusion of Part 1.  Have some students share their suggestions and discuss.  Use some or all of the following questions to bring students back into the whole group setting, and to wrap things up: 

    • Do students see any similarities in the answers from one person or group to the next?  What?  
    • What kinds of qualities did students think would be MOST important in a judge or Justice?  
    • Did students see the need for citizenship or residency requirements for judges?  What about age limits?  Why or why not?  
    • Did students see the need for federal judges to possess certain skills?  Why might this be more important for judges than for members of the other branches?  
    • Since judges are appointed and NOT elected, is there really a need for specific job qualifications, or do citizens trust the president (and senate confirmation process) to choose good, qualified individuals for the courts? 
    • Do the students think that presidents have “unwritten qualifications,” that they look for in the judges they choose? Based on their answers, also ask what those qualifications might be. 

  
  

  • Part 2 - What Makes a Good Judge?

    After completing Part 1, transition to Part 2 by asking students:  

    • Do they think it’s a good idea that judges don’t have any specific qualifications listed in the Constitution?  Why or why not?  
    • Why do they think the founders felt it was unnecessary to have specific qualifications for judges? 
    • Review – What qualities or qualifications do students think a judge should have?  

     

    Search for sample “Help Wanted” ads to display for your class. 

    Have students answer some basic questions about these ads:  

    • What job is the ad trying to fill? 
    • What, if any, qualifications are listed for this job? 
    • Is this job easier or more difficult than being a judge?   
    • Does this job require more or less education than being a judge?  

     

    Distribute the handout for Part 2.  Ask students to think about creating a “Help Wanted” advertisement for a Supreme Court Justice.  You may want to allow them to brainstorm for a few minutes or to work in groups so that they can bounce ideas off of one another.  

     Give students markers or colored pencils, and have each student or group create an ad to hand in.  Allow time to work. 

     Conclusion of Part 2 

    Collect and share examples with the class.    After students have shared their advertisements, use the following questions to guide a brief discussion and wrap up.   

    • Do students see any similarities in the ads from one group to the next?  What?  
    • What kinds of qualities did students think would be MOST important in a Justice?  
    • Do the students think that presidents have “unwritten qualifications,” that they look in the judges and Justices they choose? Based on their answers, also ask what they might be. 
    • Why, then, might it be unnecessary for the Constitution to give specific qualifications?  

     

    Review the Guiding Questions 

    • Why does the U.S. Constitution provide specific qualifications for members of the legislative and executive branches, but not for the courts?  
    • Does the fact that members of the legislative and executive branches are elected, while members of the judiciary are appointed, have something to do with the lack of specific qualifications for the judicial branch in the Constitution?  
    • What sort of qualities might a president seek in a candidate for the federal judiciary?
    • Since there are no formal qualifications for members of the federal courts, the president must nominate people that he/she feels will be able to do the job well.  What sort of qualities would you look for in a judge if you had to choose members of the Supreme Court?  
    • What is a job qualification?  
    • Are there any areas of specialized knowledge or information that someone should have to become a judge?  If so, what?  

  
  

• Visit the Student Center and Educator Center pages on “The Role of the Federal Courts.”  Complete the lesson plan Separation of Powers/Qualifications of Office.