For Teachers:

Teaching With Supreme Court Cases

 

 

 

For a different approach to teaching high school American History, the adventurous teacher can plot a course of study based on landmark Supreme Court cases. Each of these cases offers enough historical background for commentary on the affected period. Additionally, students are taught to analyze, think critically and logically, and enjoy American History in a uniquely different way. Using precedent cases as a base of study also allows for greater debate opportunities as well as possible simulations.

 

Supreme Court Cases that Provide a Good Base of Study

 

All of the following cases correlate to important times and events in American History, although some may overlap. Each one addresses a key issue, often overturned in later years. Taken together, a superb curriculum can be based on the use of these cases against the backdrop of history

 

Marbury v. Madison (1803)

 

McCulloch v. Maryland (1819)

 

Dartmouth College v. Woodward (1819)

 

Gibbons v. Ogden (1824)

 

Charles River Bridge v. Warren Bridge (1837)

 

Dred Scott v. Sandford (1857)

 

Ex parte Milligan (1866)

 

Munn v. Illinois (1877)

 

Plessy v. Ferguson (1896)

 

Northern Securities Company v. United States (1904)

 

Muller v. Oregon (1908)

 

Schneck v. United States (1919)

 

Schecter v. United States (1935)

 

United States v. Curtiss-Wright Export Corp. (1936)

 

Korematsu v. United States (1944)

 

Brown v. Board of Education (1954)

 

Gideon v. Wainwright (1963)

 

Reynolds v. Sims (1964)

 

Miranda v. Arizona (1966)

 

Heart of Atlanta Motel v. United States (1964)

 

United States v. Nixon (1974)

 

By no means exhaustive, the list covers basic themes that can be woven into the particular time periods. Teachers may wish to add cases that introduce other areas to cover such as Griswold v. Connecticut (1965) if tracing the court’s use of the right to privacy, a newly opened door that would affect abortion.

 

Sample Lesson Plan Involving a Court Case

 

Devoting a week to Dred Scott might be briefly summarized in the following way:

 

Monday: Introduce the case (assuming you have given an overview for students to read over the weekend). Discuss the 1820 Missouri Compromise Line. Ask students to form small groups to discuss if Dred Scott was right.

 

Tuesday: Look over key elements of Chief Justice Taney’s opinion. Ask students to determine how Taney arrived at his conclusions.

 

Wednesday: Discuss the historical background, especially in 1857 when the opinion was publicized. Include public opinion (such as Abraham Lincoln’s) and review the chronology of events leading up to 1857 starting with the Compromise of 1850.

 

Thursday: Hand the class a copy of the 14^th Amendment. After reading the Amendment, ask the class to discuss how the Amendment overturned the Dred Scott Decision.

 

Friday: Review the case by having students participate in a mock simulation of the court case. Assign roles for Supreme Court Justices, attorneys for both parties, and expert witnesses. (This final activity can be stretched to two days by consolidating other above detailed activities)

 

Creativity Involves Time and Lots of Energy

 

Teachers that embark on such a study of American History must feel the passion of teaching and be prepared to devote time and energy to the endeavor. However, following a format such as the example above, each case can be plugged into similar lesson plans. Students will look forward to the final simulation and in most cases will prepare well.

First Published 1/19/09 in Suite101, M.Streich, copyright