The Judiciary –What Students Need to Know
Most Americans can name the three branches of the United States government. Understandably, the Executive and Legislative branches get the most attention. We are constantly being inundated with news about the actions of POTUS and his cabinet. Equal attention is given to Congress because of their support or pushback of presidential decisions or on hearings being held with cabinet members. However, the Judiciary rarely gets as much recognition except, in late spring when the Supreme Court begins to issue decisions on cases they have heard and deliberated on throughout the year. On the local level, the public’s attention is focused on the judiciary when a controversial trial makes the news. While this lack of interest in the judiciary is understandable, the publics’ perceptions for this branch is concerning.
A Willow Research Study conducted in 2018 (published in 2019) found that:
- Public confidence in the courts is low. Only about one-third of Americans today express confidence in the courts and the judiciary in general.
- Most Americans say that the courts are too tangled up in politics.
- A majority also believe that wealthy parties have an advantage in our courts, while the poor and minorities are at a disadvantage
- Belief in the jury system has also declined. Less than two-thirds of Americans believe the jury system is the best way to resolve disputes.
- An especially striking finding: The majority of young adults (Millennials and Generation Z) say that “court decisions should reflect public opinion,” a belief that questions the basic tenets of an independent judiciary.
How have so many Americans come to view the judiciary in this manner? We can speculate that ideological perceptions are perpetuated in high school and college classrooms. It is also possible that media presentations of judicial matters are cast in certain political lights. It would take another study to determine the cause of these perceptual shifts. What we can explore is what and how teaching about the judiciary should occur.
First and foremost, students need to be taught what is stated in the Constitution:
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "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." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.
The Supreme Court
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.
Lower Federal Court System
Other federal court systems include the U.S. Courts of Appeals and U.S. District and Bankruptcy Courts. Information about the structure and functions of these courts can be found at https://www.uscourts.gov/about-federal-courts/federal-courts-public/court-website-links
State and Local Courts
The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems. Discover the differences in structure, judicial selection, and cases heard in both systems.
The U.S. Courts website presents and excellent chart comparing the role and duties of Supreme Court versus state and local courts. There are also charts that compare the selection of judges and the types of cases heard. It is an excellent tool for classroom use. Here is a sample:
Court Structure
The Federal Court System | The State Court System |
Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. | The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. |
Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters. | States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. |
Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals. | Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. |
A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions. | Parties have the option to ask the highest state court to hear the case. |
| Only certain cases are eligible for review by the U.S. Supreme Court. |
These basic facts about the courts should be the foundation of what is to be taught about the Judicial Branch. This is what the students need to know.
It is imperative that teachers refrain from expressing their own biases about how courts should operate. Teachers must be cautious that they do not unduly influence students perceptions on the matter. It is difficult to believe that students could arrive at the opinions expressed in the Willow Research study if they were taught just the basic facts about the courts system. Students should be allowed to arrive at their own conclusions about how government should operate based on facts alone. This is not to say that creative methodology can't be used in the classroom, not are we suggesting that student's opinions are to be silenced, but merely that it is the duty of the instructor to remain impartial.
In a previous blog we discussed the appropriateness of teachers expressing their political opinions as part of their instruction. Given the findings of the Willow Research study and recent verbal assaults on the Supreme Court it seems prudent to repeat our stance on this topic. Here are our thoughts from that bog.
Perhaps it would have been prudent if these teachers and their fellow travelers had taken a moment to stop and reflect on their actions by asking themselves a few questions.
- Is my expressed opinion on this topic more important than the thoughts of my students?
- Does my expressed opinion on this topic bring any clarity or further understanding of the topic to my students?
- Is my expressed opinion on this topic (and is this topic) within the bounds of the prescribed curriculum?
- Will my expressed opinion on this topic make any of my students unreasonably uncomfortable about expressing their opinions?
- Will my expressed opinion on this topic create a classroom atmosphere of open and free discussion or one of intimidation and fear?
True reflection and honest answers to these questions can enable a teacher in determining how classroom discussions will proceed. Will the teacher be a facilitator of fearless debate among students, or will the teacher merely be a sage on a stage?