Procedures

• SET UP

  This lesson offers several options for you to use with your students whether you are teaching in class, using a hybrid model, or engaging through distance learning. It can be completed in steps as a class or students can move at their own pace and complete the activities independently.

  You can post links to the videos in the lesson along with the related handout and engage in discussion to share responses on a discussion board or learning management system.

  You can also save and share the following Google resource for students to use with this lesson.

  Handout: Graphic Organizer (Google Doc).

  In Google, choose "File" then "Make a Copy" to get your own copy. You can make any needed adjustments in the instructions such as which activities students need to complete, when it is due, etc. and then make it available to them via Google.

• WARM UP

  Pose the following brainstorming questions to your students, directing them to record their responses in their graphic organizer, share with a partner, and then with the class if they choose.

  • Compare how World War II affected different groups of people.
  • Define and explain the role of the U.S. Supreme Court.

• INTRODUCTION

  Play the following introductory video clip of Georgetown University law professor Cliff Sloan talking about why he came to write The Court at War. Direct your students to answer the related questions on their graphic organizer and share their findings with a partner, small group, or the class when finished.

  Clip #1: Creatures of Our Times (3:32).

  • What did the Supreme Court do “within seven days” in 1943?
  • On what topics is there “a tremendous amount written?”
  • What is the “single overriding fact” about the era?
  • According to Cliff Sloan, what is important to realize about the Supreme Court?

• VOCABULARY

  Direct your students to their graphic organizers to view and define the vocabulary terms that will appear in the lesson in the chart in their graphic organizer handout. The vocabulary words are also listed to the right on this webpage.

  We recommend having your students complete the activity in a jigsaw format to save time. Or, depending on time and resources, you may consider having your students engage in a Frayer's Model activity, where each student is responsible for completing one or two items. Students can then post their models around the room for reference throughout the lesson.

  Note: this is not an all-encompassing list of terms included in each video. We recommend you preview the video clips to determine any necessary additions/subtractions to this list for your specific students.

• BACKGROUND

  Direct students to the background section of their graphic organizers. Instruct your students to view the following three video clips that provide background information about the World War II era, President Franklin D. Roosevelt’s impact on the Supreme Court, and the role and impact of Chief Justice Harlan Stone. Direct your students to answer the related questions on their graphic organizer and share their findings with a partner, small group, or the class when finished.

• Clip #2: Two Opening Anecdotes (2:15).

  • Summarize the story shared by Cliff Sloan from December 8th, 1941.
  • Based on the clip, how did the U.S. entry to World War II impact the Supreme Court?
  • What occurred “a few weeks later” on December 26th, 1941?
  • According to Sloan, what message was sent by Chief Justice Harlan Fiske Stone?

• Clip #3: Historical Context of the Court (2:26).

  • How many of the nine Justices had President Franklin D. Roosevelt “appointed” by the start of World War II?
  • According to Cliff Sloan, what happened throughout the 1930s?
  • Based on the clip, what was President Roosevelt’s court packing plan?
  • What was the effect of the new law concerning “retirement benefits” for the Supreme Court?

• Clip #4: Chief Justice Harlan Fiske Stone (3:10).

  • What was Chief Justice Harlan Fiske Stone “not at all able to” do?
  • Based on the clip, what was Chief Justice Stone’s background?
  • According to Cliff Sloan, how did Stone compare to the other Justices on the court? Why was he named Chief Justice?
  • Why was Stone a “very weak” Chief Justice?

• CONTEXT

  Direct students to the context section of their graphic organizers. Instruct your students to view the following four video clips that provide context about the U.S. Supreme Court during the World War II era, including how the court differed from contemporary practices and the role of the Attorney General at the time. Direct your students to answer the related questions on their graphic organizer and share their findings with a partner, small group, or the class when finished.

• Clip #5: Little Judicial Experience (2:27).

  • How many of the World War II era Supreme Court Justices had “judicial experience” before joining the Court?
  • Based on the clip, what experience did Justices Hugo Black, Frank Murphy, and Wylie Rutledge have?
  • What “distinguished” experiences did all of the Justices of the World War II era have?
  • According to Cliff Sloan, how do today’s Supreme Court Justices compare to the World War II era Supreme Court?

• Clip #6: Differences in Senate Approval (1:54).

  • Based on the clip, what was the average age of the World War II era Supreme Court?
  • According to Cliff Sloan, what was the Senate approval process like during the time?
  • Who was the first Justice to appear “as a witness” during a hearing?
  • Summarize the “controversy” that occurred with Justice Hugo Black, and compare the response with today’s process.

• Clip #7: Attorney General Francis Biddle (1:59).

  • Based on the clip, what was Attorney General Francis Biddle’s background?
  • According to Cliff Sloan, how did Attorney General Biddle view himself?
  • To whom did Attorney General Biddle end up being “loyal?”
  • What was Attorney General Biddle “unwilling” to do?

• Clip #8: Justices Involved in the War Effort (3:58).

  • What “fierce debate” was occurring before the 1941 attack on Pearl Harbor?
  • What were “many of the Justices” doing during this time? Why?
  • According to Cliff Sloan, what did Justice Frank Murphy do?
  • What was there “a lot of discussion” about in 1941? Summarize the “single most striking example.”

• SPECIFIC EXAMPLES

  Direct students to the specific examples section of their graphic organizers. Instruct your students to view the following six clips that detail specific cases of the U.S. Supreme Court during World War II. Direct your students to answer the related questions on their graphic organizer and share their findings with a partner, small group, or the class when finished.

• Clip #9: Ex parte Quirin (1942) (6:23).

  • What happened in “early summer 1942?”
  • Who became “very involved” in the case, and what did he support the creation of?
  • Why was the Supreme Court approached to take the case, and what was the outcome of the “special” hearing?
  • What “problem” did the Justices now have? How has the ruling been viewed since?

• Clip #10: Japanese Internment Cases (5:32).

  • Based on the clip, what was Executive Order 9066?
  • What was “upheld” in both Hirabayashi v. United States (1943) and Korematsu v. United States (1944)? Compare the two rulings.
  • Who was Mitsuye Endo and what was her “claim?”
  • How did the Supreme Court rule in Ex parte Endo (1944)? Why is Endo a “hero?”

• Clip #11: Skinner v. Oklahoma (1942) (1:40).

  • Did the Axis Powers “take advantage” of the ruling in Korematsu v. United States (1944)?
  • Based on the clip, what did Skinner v. Oklahoma ex rel. Williamson (1942) strike down?
  • Why had “sterilization laws” been upheld previously, and how did Nazi Germany invoke such laws?
  • According to Cliff Sloan, what played an important part in the decision in Skinner?

• Clip #12: Thurgood Marshall and the Court (2:21).

  • What highlighted the “brilliance” of Thurgood Marshall in Adams v. United States (1943)?
  • Based on the clip, what did the decision in Smith v. Allwright (1944) strike down?
  • What “enormous consequences” did Smith have?
  • According to Cliff Sloan, how was Smith reflective of what was occurring in the United States during the time?

• Clip #13: FDR and Smith v. Allwright (1944) (1:38).

  • Based on the clip, how did the Justices vote in Smith v. Allwright (1944)?
  • Did the Roosevelt Administration “take a position” in Smith?
  • According to Cliff Sloan, why didn’t the Department of Justice file an amicus brief?
  • What were some Department of Justice officials “allowed” to do, and why was this a source of controversy?

• Clip #14: Wage and Price Controls (2:09).

  • What authority was “upheld” by the Supreme Court during World War II?
  • What “unprecedented controls” were validated by the Court? Why?
  • According to Cliff Sloan, how does today’s Supreme Court compare with the one from the World War II era?
  • How long did the “deferential approach” last?

• REFLECTION

  After your students finish sharing their findings from the last section, direct them to the reflection section of their graphic organizers. Instruct your students to view the following final video clip in which Georgetown University law professor Cliff Sloan, author of The Court at War, provides reflective comments about the civil rights and civil liberties cases taken up by the U.S. Supreme Court during World War II and the influence that President Franklin Delano Roosevelt had on the justices. Direct your students to answer the related questions and share their findings with a partner, small group, or the class when finished.

  Clip #15: Best or Worst of Courts? (6:01).

  • Why did President Franklin D. Roosevelt decide to “dump” Henry Wallace from the ticket in 1944?
  • Who was President Roosevelt “infatuated with,” and was this person selected? Why or why not?
  • According to Cliff Sloan, what does this scene illustrate about the Supreme Court during the World War II era?
  • What are the “very important lessons” to be learned from the “tale of two courts?”

• CLOSURE

  After your students are finished with the lesson, direct them to complete the final culminating writing prompt and have students share their responses, comparing their perspectives with their classmates' perspectives: Having learned about the Supreme Court during the World War II era, would you describe the Court as the “best of courts” or “worst of courts?” Explain your rationale. Be sure to include evidence from the video clips in the lesson to support your response.