Virginia Department of Education Standards Expectations |
Standard and Unit Topic | Essential Standards |
CE.2.a Federal Executive Branch Structure and Power | Describing the structure and powers of the government (the three branches of government); Legislative, executive, and judicial powers of the national government are distributed among three distinct and independent branches. The federal judicial branch consists of the federal courts The judicial branch's main role is to interpret the laws of the nation.
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CE.2.d Role and Powers of the Federal Judicial Branch | Explaining the particular role and powers of the judicial branch as explained in Article III of the Constitution of the United States Article III of the United States Constitution establishes the judicial branch and leaves it to Congress to determine the shape and structure of the federal judiciary. The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The main role of the federal Judicial Branch is to interpret the laws of the nation The Supreme Court exercises the power of judicial review The federal courts try cases involving federal law and questions involving the interpretation of the Constitution of the United States The United States has a dual court system
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CE.2.e
Separation of Powers and Checks and Balances | Explaining the principle of separation of powers and the operation of checks and balances The principle of Separation of Powers is stated in the Constitution of the United States in Articles I, II, and III, where it defines the powers of the three branches of the national government - Legislative, Executive, and Judicial Branches A system of checks and balances provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. Legislative Checks The Congress checks the president when legislators override presidential vetoes, impeach and convict a president, approve the budget, and approve presidential appointments. The Congress checks the courts when legislators confirm or refuse to confirm federal judges/justices and impeach and convict judges/justices.
Executive Checks The president checks Congress when the president proposes legislation, prepares an annual budget for Congress to approve, calls special sessions of Congress, vetoes legislation Congress has passed. The president checks the courts when the president appoints judges/justices and grants pardons and reprieves.
Judicial Checks
The concept of separation of powers and a system of checks and balances derives from Federalist No.51, authored by James Madison
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CE.5.a Federal Court System and Judicial Review | Describing the system of state and federal courts, including, but not limited to, jurisdiction and judicial review The United States has a dual court system composed of federal courts and state courts The Federal court system's organization and jurisdiction are derived from the Constitution of the United States and federal laws. U.S. Supreme Court: Justices, no jury; appellate jurisdiction; limited original jurisdiction U.S. Court of Appeals: Judges, no jury; appellate jurisdiction U.S. District Court: Judge, with or without jury; original jurisdiction Jurisdiction is the power to oversee or rule on a case Original Jurisdiction is the right to hear a case first and make a decision Limited Original Jurisdiction is the right of the US Supreme Court to hear a case first and make the first decision Appellate Jurisdiction is the right to review a case and a decision of a lower court
Virginia, like each of the other 49 states, has its own separate court system whose organization and jurisdiction are derived from Virginia’s constitution and state laws. The Supreme Court of the United States and Virginia determines the constitutionality of laws and acts of the legislative and executive branches of government. This power is called “judicial review.” Marbury v. Madison established the principle of judicial review at the national level. The Constitution of the United States is the supreme law of the land. State laws must conform to the United States constitutions
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CE.5.b Due Process Protections | Describing due process protections seeks to ensure justice Due process of law protects against unfair governmental actions and laws outlined in the Fifth and Fourteenth amendments to the Constitution of the United States. The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due process clause of the Fourteenth Amendment.
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CE.5.c Criminal and Civil Law | Comparing and contrasting civil and criminal cases In a civil case, a court settles a disagreement between two parties to recover damages or compensation Procedures for a civil case Civil case members In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony. Misdemeanor is a less serious crime resulting in small fines or short-term jail time (less than a year) Felony is a very serious crime resulting in large fines or long term prison sentence (more than a year)
Procedure for criminal cases A person accused of a crime may be arrested if the police have probable cause. The accused may be committed to jail or released on bail. The case proceeds to an arraignment where probable cause is reviewed, an attorney may be appointed for the defendant, and a plea is entered. In a felony case, a preliminary hearing is conducted to see if there is probable cause. If probable cause is determined, a grand jury will determine if there is enough evidence to indict the accused. In a misdemeanor case, there is no preliminary hearing or grand jury. A trial date is set instead. A court date is set, and a trial is conducted. A guilty verdict may be appealed.
Criminal Case members Prosecution is the government that brings the charges against the defendant Defendant is the person accused of a crime The judge is the legal lead to ensure the trial is just, and due process is followed A jury is a group of citizens who hear and decide the case
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CE.5.d Judicial Review | Explain the effects of Supreme Court cases affecting the judiciary, including but not limited to Marbury v. Madison The judiciary interprets laws and ensures that laws are applied fairly. Marbury v. Madison established the rule of judicial review as a form of checks and balances on the legislative and executive branches. The Supreme Court has decided many landmark cases that have helped shape and change our society
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CE.6.b Rights of the Accused | Describing the rights and privileges guaranteed by the First Amendment, including freedoms of religion, speech, press, assembly, and petition, the rights guaranteed by due process and equal protection under the law (Fifth, Sixth, and Fourteenth Amendments), and protection from unreasonable government search and seizure (Fourth Amendment) |
Skills in Practice |
Evaluate the power of each branch of government and construct an argument with evidence that justifies which part of the system of checks and balances is most significant for an American constitutional government to work effectively. Compare the Fifth, Sixth, and Fourteenth Amendments to include due process and equality under the law. Use primary information sources to explain the rights of the accused, freedoms, and how they are applied and limited. Use excerpts from decisions from United States Supreme Court cases, such as, including but not limited to, Plyler v. DOE, Miranda v. Arizona, Plessy v. Ferguson, Brown v. Board of Education of Topeka, In re Gault, United States v. Wong Kim Ark, to explain how the Supreme Court extended the guarantees of the Bill of Rights. Analyze events in United States history to explain the significance and application of the Fourteenth Amendment. Use current and historical events to illustrate the role of the federal judiciary system, specifically the Supreme Court, and describe how they have impacted our society. Examine current events to evaluate the concepts of separation of powers and checks and balances. Use current and historical events to describe how the role of the judicial branch has changed over time. Use current and historical events to describe how the power of judicial review has served as a check over the executive and legislative branches of government. Research and review the history of various Supreme Court Cases and construct an argument on which one impacted our society the most. Use Marbury v. Madison, additional information sources, and previous knowledge to describe how the Supreme Court influences the lawmaking process. Research and review the history of various important checks and balances conducted by the Supreme court or conducted by the legislative branch, or the judicial branch against the federal judiciary.
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