Constitutional Showdown

Unit: Judicial Review & Constitutional Rights Page 1 of 5

Part 2

You Be The Judge

Deliberation & Legal Analysis

Read each real-world situation below. Analyze the constitutional issues, consider both perspectives, and write your judicial decisions in the spaces provided.

Scenario 1 Can Your School Search Your Phone?

4th Amendment Focus

A student is accused of sending threatening messages to another student. The principal takes the student's phone and demands the password. The principal searches through personal text messages, photographs, and social media accounts without explaining what evidence they have. The student argues that their privacy rights have been violated.

1. What is the conflict in this situation?

2. Which constitutional amendment might protect the student?

3. Should school officials be allowed to search a student's phone? Why or why not?

4. What would you decide if you were the judge?

Scenario 2 Can the Government Ban What You Say?

1st Amendment Focus

A group of students organizes a peaceful protest about a decision made by their school district. They create signs criticizing school policies and plan to stand outside the school. The school district threatens to suspend anyone who participates because it does not want negative attention. The students argue that their freedom of speech is being violated.

1. Which amendment protects freedom of speech?

2. Should students have the right to peacefully criticize school policies?

3. Are there situations where schools can limit student speech?

4. What would you decide as the judge?

Unit: Judicial Review & Constitutional Rights Page 2 of 5

Part 2 Continued

You Be The Judge

Police & Community Governance

Scenario 3 Can Police Search Your Belongings?

Search & Seizure Rights

A student is walking home from school when a police officer stops them. The officer says that the student looks suspicious and demands to search their backpack. The officer has no warrant and cannot explain why they believe the student has committed a crime. The student refuses and argues that their rights are being violated.

1. Which constitutional amendment is most relevant?

2. Should police be allowed to search someone simply because they look suspicious?

3. Why does the Constitution protect people from unreasonable searches?

4. What would you decide as the judge?

Scenario 4 Can the Government Take Away Your Rights?

Assembly & Public Forums

A local government passes a rule that prevents people from gathering peacefully in public parks to discuss political issues. Officials argue that the rule will make the community easier to manage. Residents argue that the government is taking away their constitutional freedoms.

1. Which constitutional rights could be affected?

2. Should the government be able to restrict peaceful gatherings?

3. What is the difference between keeping people safe and taking away their freedoms?

4. What would you decide as the judge?

Prepare for Part 3: Real Precedents Page 3 of 5

Part 3

Understanding the Courts

Branch Powers & Case Law

3 Match the Court's Responsibility

Write the correct letter next to each constitutional description below.

A. Legislative Branch

B. Executive Branch

C. Judicial Branch

1.   Determines whether a law violates the Constitution.

2.   Enforces federal laws.

3.   Creates federal laws.

4.   Interprets the meaning of the Constitution.

5.   Reviews appeals from lower courts.

4 Real Supreme Court Cases

These cases prove that the issues in our scenarios are real constitutional controversies decided by the Supreme Court:

1. Which case connects to Scenario 1?

2. Which case connects to Scenario 2?

3. Why do you think the Supreme Court is important when it comes to protecting people's rights?

4. Can you think of another situation in everyday life where someone might need the courts to protect their rights?

Turn to Page 5 for Final Judgment & Exit Ticket Page 4 of 5

Part 4

Final Judgment: The Supreme Court Decision

Summative Opinion

Imagine you have just been appointed to the United States Supreme Court. You must make one final decision. Which of the four scenarios do you think presents the biggest threat to people's constitutional rights?

Your Written Court Decision Must Explain:

• Which scenario you selected

• Why government/school believes its actions are justified

• Which constitutional right is involved

• Why you agree or disagree with those actions

• What your final ruling would be

Sentence Starter: “If I were a Supreme Court Justice, I would rule in favor of __________ because __________. The Constitution protects __________, and I believe __________. My final decision is __________ because __________.”

Your Judicial Ruling & Constitutional Opinion:

Exit Ticket Final Check for Understanding (3 Minutes)

Turn in upon completion

1. What is the main responsibility of the Judicial Branch?

2. What does judicial review mean?

3. Why is it important that the Judicial Branch is separate from the Legislative and Executive Branches?

Constitutional Showdown · Assessment Completed Page 5 of 5

Differentiation & Scaffolding:

• For Striving Writers: Direct students to the framed sentence starter in Part 4. Provide word bank: reasonable suspicion, 4th Amendment, unconstitutional.
• For Advanced Learners: Prompt students to write a dissenting opinion or argue how digital cell phone search standards differ from physical backpacks.

Unit: Judicial Branch · High School Civics Page 1 of 2

Answer Key & Rubric

Judicial Review Assessment Key

Official Key

Part 3 · Matching The Court's Responsibility 5 Points

Item 1: C

Judicial (Determines if law violates Const.)

Item 2: B

Executive (Enforces federal laws)

Item 3: A

Legislative (Creates federal laws)

Item 4: C

Judicial (Interprets Const. meaning)

Item 5: C

Judicial (Reviews appeals)

Part 3 · Real Supreme Court Cases Analysis Key

1. Case connecting to Scenario 1: Riley v. California (2014) (digital phone searches require warrant) and New Jersey v. T.L.O. (1985) (school searches require reasonable suspicion).

2. Case connecting to Scenario 2: Tinker v. Des Moines (1969) (students retain First Amendment symbolic/peaceful speech at school unless substantial disruption occurs).

3. Why SCOTUS is important in protecting rights: Serves as an independent buffer against government overreach; ensures fundamental constitutional liberties cannot be overridden by temporary political majorities.

4. Everyday life application: Privacy on home internet/smartphones; religious freedoms in public workplaces; equal protection in hiring, housing, or voting.

Part 2 Scenarios · Legal Benchmarks for Grading

Scenario 1 (Phone Search): 4th Amendment. Under T.L.O., school must have reasonable suspicion related to specific infraction. Demanding full access to photos/social media without targeted evidence violates proportionality.

Scenario 2 (Speech Ban): 1st Amendment. Under Tinker, peaceful protest outside without material disruption is protected. Fear of "negative publicity" is unconstitutional viewpoint suppression.

Scenario 3 (Backpack Search): 4th Amendment. Police in public need reasonable articulable suspicion (Terry v. Ohio) or probable cause/warrant. "Looking suspicious" is legally insufficient.

Scenario 4 (Public Park Ban): 1st Amendment (Assembly). Public parks are quintessential traditional public forums. Blanket bans for administrative convenience fail strict scrutiny.

Model Part 4 Supreme Court Opinion:

“If I were a Supreme Court Justice, I would rule in favor of the students in Scenario 1 because the principal searched private text messages and photo galleries without targeted evidence. The Constitution protects citizens against unreasonable searches under the Fourth Amendment, and I believe a phone contains a person's entire digital life, requiring strict limits even in schools. My final decision is that the search was unconstitutional because school administrators cannot conduct fishing expeditions without specific reasonable suspicion under T.L.O. and Riley.”

Exit Ticket Exemplar Answers:

• 1. Main responsibility: To interpret laws and ensure all governmental actions conform to the U.S. Constitution.
• 2. Judicial review: The power of courts to review and strike down laws or executive actions that violate constitutional protections.
• 3. Importance of separation: An independent judiciary prevents Congress or the President from abusing power, ignoring rights, or being their own judge.

Constitutional Showdown · Teacher Resource Complete Page 2 of 2