Skip to Main Content

The Supreme Court, Term Limits, and Self-Government

Essential Question: 

  • Would term limits for Supreme Court Justices improve our system of self-government? 

Objectives: 

  • Students will understand the design and purpose of the Supreme Court in our constitutional system 
  • Students will assess the effectiveness of term limits in improving our system of self-government 

Materials: 

 

Anticipate: 

Begin class by posing the following question: What is the role of the Supreme Court in our constitutional system of government? Students may give answers like “protecting individual rights” or“serving as a check against other branches of government.”  

Explore: 

Have students read the Federalist #78 excerpts as well as the NPR news story. As students read, have them answer the following questions. 

Federalist #78  

  1. The Founders believed that the judiciary the least dangerous of the branches of government. Explain their reasoning. Do you agree? 
  2. According to Hamilton, how does permanent tenure for judges help uphold the Constitution against tyranny?  
  3. What is the role of the Court concerning the interpretation of laws? 

PBS Article 

  1. Describe the term limit plan that President Biden has proposed.  
  2. Do you believe term limits will make the Court less partisan of an institution? Or will it increase partisanship as each presidential election will be directly tied with the appointment of a new judge? 
  3. Should there be term limits in order to keep the Court aligned with a public opinion that is frequently changing? Why or why not? 

Engage: 

Have students write an op-ed taking a stance on if term limits should be created for the Supreme Court. They should use citations from Federalist #78 and/or the PBS article to explain if term limits will improve our constitutional system of self-government or not.  

Extend: 

Extend Option One: Our Think the Vote contest is designed for students to engage with each other through civil discourse on current event topics. This week, the question we are looking for students to answer is: Should the Supreme Court Have Term Limits?  

Extend Option Two: Have students submit their article to their local newspaper for publication. 

Related Content

Curriculum

Supreme Court Document-Based Questions

60 Lessons

How can you help your students develop critical thinking skills? Explore Landmark Supreme Court cases that changed history. Give your students tools to evaluate the Court's rulings and their impact on American society. Analyze primary sources spanning five centuries--colonial codes of law, the Federalist Papers, the Constitution, contemporary photographs, case law, oral arguments, the Court's majority and dissenting opinions, and others. Each Document Based Question (DBQ) will lead them towards an understanding of the role played by the Court and an assessment of its decisions. Each DBQ also contains a section called "The Issue Endures," which highlights current applications of the case issue.