STUDENT ACTIVITY: SENATE JUDICIARY COMMITTEE CONFIRMATION SIMULATION
By Greg Timmons, teacher and executive director of The Constitution Project in Portland

Subjects: Civics, current events, government, social studies

Time: 2 class periods

Lesson Objectives: Students will:

1. Understand the fundamental roles of the Executive Branch and the Senate in the judicial selection process.
2. Understand that the process of selecting and confirming a Supreme Court justice is political in nature and that different groups will see the same nominee differently.
3. Consult and collaborate with fellow students on the merits of Supreme Court nominees.
4. Research and evaluate nominees to the Supreme Court.

Overview:
This lesson is designed to be conducted in two days. The first day is for students to understand their roles in a mock-judicial hearing and some background on the president's nominee for the Supreme Court. It allows students to assume some of the main political positions held on a Senate Judiciary Committee conducting the hearings.

In this simulation, students will work in groups, assuming one of these positions, and will evaluate the candidate's qualifications and possible political persuasions. Since the Senate Judiciary Committee hearings may go on for many weeks, the teacher can extend the lesson to include student debates between the different Senate subcommittees or revisit the lesson when it is more convenient.

Due to the potential controversial nature of many of the topics discussed during the nomination hearings the teacher might want to review the materials and resources beforehand.

Although this lesson is designed to be completed in two class periods, class time may vary. It is suggested that students be given time in class and at home (if necessary) to prepare for the simulation on the first day and then conduct their evaluations of the candidates on the second day.

To make these lesson plans better

Correlation to National Standards

Materials Needed:
-Online computer lab and/or online computer
-Student Subcommittee Handouts:
Strong Conservative Committee Member
Moderate Conservative Committee Member
Moderate Liberal Committee Member
Strong Liberal Committee Member

Procedure:
1. Divide the class into four subcommittees each representing one of the different positions on the U.S. Senate Judiciary Committee and pass out their respective student handouts. (With larger classes the teacher might want to create more than one subcommittee of each category to allow for smaller discussion groups. The teacher can also decide whether to place students in groups that are similar or different to their own personal views on the issues discussed in the subcommittee role descriptions.)

2. Give students time to review the history of judicial nominations and the role descriptions of their respective subcommittees. Answer any questions students might have before they begin their research.

3. Have students work in their subcommittees to research the president's nominee. They can go to the NewsHour special report on the Supreme Court at http://www.pbs.org/newshour/bb/law/supreme_court/index.html or any of the other major news outlets and/or interest groups' Web sites listed on their handout for information. They should understand that the interest groups have specific agendas and might be favorable or unfavorable toward a specific candidate and that information from these sites should be taken in that context. If necessary, have students extend their research as a homework assignment.

4. On the second day, have students meet in their groups to briefly (10 minutes) discuss their findings from the day before. They have the option of coming to a consensus on the nominee or "agreeing to disagree" within their group. If this is the case, different members of each subcommittee should be allowed to present their views.

5. The teacher should then introduce the nominee or have one of the groups introduce the nominee with a brief biography.

6. Then have each group introduce themselves to the class by reviewing the role description on their student handout. After discussing their findings on the nominee using their research guide, the subcommittees should then vote on whether to accept or reject the nominee.

7. Have students do the follow up questions in either small group or general class discussion or as a written paper.

Follow-up questions:

• What did you learn about the nominee you researched in class?
• What is your personal opinion on whether or not you support this nominee as Justice Sandra Day O'Connor's replacement and why?
• What challenges do you see to your nominee's appointment to the Court and from whom or where might these challenges arise?
• Of all the people mentioned as potential nominees, who do you think would best fill Justice O'Connor's position and why?
• In what direction do you think the nominee would lead the country? What is your opinion on that?

Extension Activity
If time allows or at the teacher's discretion, students can extend the activity by asking the other groups clarification questions on their conclusions (assuming one group differs from another). They can also send up challenging statements that reflect their subcommittee's convictions on the various topics and try to convince the subcommittees of the merits of their decision. This can culminate in a class vote (or filibuster and the threat of the "nuclear option").

Correlation to National Standards
McRel K-12 Standards Addressed:

Civics
- Standard 5: Understands the major characteristics of systems of shared powers and of parliamentary systems
- Standard 15: Understands how the U.S. Constitution grants and distributes power and responsibilities to national and state government and how it seeks to prevent the abuse of power
- Standard 20: Understands the roles of political parties, campaigns, elections, and associations and groups in American politics

Language Arts (Reading)
Standard 7: Uses reading skills and strategies to understand and interpret a variety of informational texts
- Listening and Speaking
Standard 8: Uses listening and speaking strategies for different purposes
- Viewing
Standard 9: Uses viewing skills and strategies to understand and interpret visual media
- Working with Others
Standard 1: Contributes to the overall effort of a group
Standard 4: Displays effective interpersonal communication skills

About the Author Greg Timmons is a teacher, curriculum writer and executive director of The Constitution Project in Portland. He has taught middle school and secondary social studies for over 30 years, wrote lessons, and directed institutes on U.S. Constitution-related issues. He is a member of the board of directors of the Oregon Council for the Social Studies.

To find out more about opportunities to contribute to this site, contact Leah Clapman at extra@newshour.org.