Overview: How do key court decisions in both Colorado and the United States impact the system of checks and balances, and what role do the courts play in shaping justice and the interactions between local, state, tribal, and federal systems?

In this unit, students will explore the judicial branch of the United States government and delve into the intricacies of how law is interpreted as mandated by Article III of the Constitution, in conjunction with the Judiciary Act of 1789. The unit will begin by examining the types of legislation allowed in Congress and the complexity of the lawmaking process. Building on the foundations established in Unit 1 (Foundations), students will investigate the provisions for the Federal Courts system defined by Article III and explore how acts of Congress and Judicial Review, as established in Marbury v. Madison (1803), have historically defined the role and responsibilities of the Courts. Students will become acquainted with current Justices and analyze the inherent, implied, and expressed powers of the courts according to the Constitution.  Students will understand the structure of the American judicial system, the process of judicial appointments, and key court decisions that affect the system of checks and balances and interactions of the local, state, tribal, and federal systems. They will examine significant court decisions both in Colorado and the United States, analyzing their impact on the legal landscape. These decisions will include landmark Colorado cases such as Francisco Maestas et al. v. George H. Shone (1914), U.S. Term Limits, Inc. v. Thornton (1995), Romer v. Evans (1996), and Colorado Union of Taxpayers Found. v. City of Aspen (2018). Students will also study landmark U.S. Supreme Court cases such as Korematsu v. United States (1944) and Tinker v. Des Moines Independent Community School District (1969).  By the end of the unit, students should have a comprehensive understanding of the judicial branch, its role in interpreting the law, and its impact on shaping justice in the United States. They will gain insights into the principles of Judicial Review, stare decisis, and the significance of court decisions in defining constitutional rights and protections. The unit will equip students with critical thinking skills and legal literacy to actively engage with the court system and its implications for justice and governance.

The highlighted evidence outcomes are the priority for all students, serving as the essential concepts and skills. It is recommended that the remaining evidence outcomes listed be addressed as time allows, representing the full breadth of the curriculum.

Students Can (Evidence Outcomes):

• Research and discuss current issues to participate in civil discourse. (4.1.a)

• Describe and evaluate the effectiveness and acceptability of a variety of methods of civic participation that individuals and groups may use to shape policy at various levels of government. (4.1.b)

• Evaluate traditional and non-traditional types of media (both historic and modern), including social media for reliability, credibility, and how they may influence government policy and public opinion. (4.1.d)

• Engage as active community members with local, state, tribal, or federal levels of government on policy issues or for individual or group rights. (4.1.e)

• Describe the origins, purposes, and limitations of government, and include the contribution of key philosophers and American historical figures of diverse backgrounds. (4.2.a)

• Identify the structure, function, and roles of current members of local, state, and national governments. Including but not limited to: understanding the three branches of government at each level of government. (4.2.b)

• Explain the principles of a democracy and analyze how competing democratic values are balanced. For example: Freedom and security, individual rights and common good, general welfare, and rights and responsibilities. (4.2.d)

• Describe the role and development of the founding documents of Colorado and the United States from their inception to modern day. Including but not limited to: the Great Law of Peace, the Declaration of Independence, the Constitutions of the United States and Colorado, the Federalist Papers, and the Bill of Rights. (4.2.e)

• Evaluate the role of the judicial system in protecting life, liberty, and property for all persons in the United States. (4.2.f)

• Understand the structure of the American judicial system, the process of judicial appointments and key court decisions, in both Colorado and the United States, that affect the system of checks and balances and interactions of the local, state, tribal, and federal systems. Including but not limited to: significant Colorado court decisions such as Francisco Maestas et al. v. George H. Shone (1914), U.S. Term Limits, Inc. v. Thornton (1995), Romer v. Evans (1996), Colorado Union of Taxpayers Found. v. City of Aspen (2018); and landmark U.S. Supreme Court Cases such as Korematsu v. United States (1944), Tinker v. Des Moines Independent Community School District (1969). (4.2.g)

• Analyze how current global issues impact American policy. (4.2.h)

• Describe the relationship of tribal governments with state and federal governments. Including but not limited to: The Ute Mountain Ute and Southern Ute tribal governments and the State of Colorado. (4.2.j)

• Analyze how individual rights have been affected over time by court decisions, legislative debates at various levels of government, or by the advocacy of individuals and groups. (4.3.d)