Arguing Constitutional Rights: Evidence and Persuasion

2. What’s Constitutional? Starter Activity

3. Arguing Your Case • Imagine you’re a lawyer in charge of arguing that a particular situation violated someone’s constitutional rights – or that it didn’t. • How would you convince the court? • What kind of “evidence” would you use? • How could you prove that an action is or is not constitutional? That’s constitutional! That’s unconstitutional!

4. ConstitutionalRights Quick Facts

5. Constitutional Rights - Quick Facts Almost every case starts out in a trial court somewhere in the country. I have rights!!

6. Constitutional Rights - Quick Facts A tiny few end up in front of the United States Supreme Court. I have rights!!

7. Constitutional Rights - Quick Facts The government is usually on one side of the case. I didn’t violate anyone’s rights.

8. Constitutional Rights - Quick Facts The Supreme Court’s decision becomes the law in all future cases that are the same. If this same thing happens again, it’s a violation of constitutional rights.

9. ConstitutionalRights How Do They Decide?

10. Deciding Constitutional Rights Imagine a person is in court claiming one of their constitutional rights was violated. That shouldn’t have happened! The Constitution protects my rights!

11. Deciding Constitutional Rights How does a court decide whether that person’s rights were violated? Hmm… Let’s take a look at this thing. Constitution of the United States

12. Deciding Constitutional Rights What questions does the court ask in order to figure it out? ? Constitution of the United States

13. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Does the constitutional right apply in this situation?   Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated.

14. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Does the constitutional right apply in this situation? This is the million dollar question in every constitutional rights case! One side will usually argue the right doesn’t even apply in this situation.

15. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Is the person telling the truth about what happened?  Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated. 

16. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Is the person telling the truth about what happened? This is about the facts of what happened. It’s not about a constitutional right. This will have to be decided separately.

17. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? What does the Constitution actually mean when it talks about this right?   Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated.

18. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? What does the Constitution actually mean when it talks about this right? The courts interpret the Constitution. Each side will argue that the court should interpret the Constitutional language a certain way.

19. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Is there a Supreme Court case dealing with this right in a similar situation?   Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated.

20. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Is there a Supreme Court case dealing with this right in a similar situation? The Supreme Court has the final say about what the Constitution means. A Supreme Court precedent is an earlier case that acts as law in that situation.

21. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Should we follow the Constitution in this situation?  Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated. 

22. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Should we follow the Constitution in this situation? What?!? Courts must ALWAYS follow the Constitution! It’s not optional.

23. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Do we think this person’s rights are worth protecting in this situation?  Yes! This will help the court decide.  No. This is a different issue. It’s not about whether a right was violated. 

24. Deciding Constitutional Rights Would this help a court decide whether a constitutional right was violated? Do we think this person’s rights are worth protecting in this situation? In a court of law, people’s opinions don’t matter—not the lawyers’ opinions and not a judge’s opinions. Use facts or ideas to argue your case, but a plain old opinion won’t fly.

25. Argument Wars Time to Play!

26. Argument Wars! You’re going to play a game where you get to argue real-life landmark cases about people’s constitutional rights!

27. Supporting Your Case Follow-Up Activity

28. Good Support or Bad Support? On the next slide, you’ll categorize the different types of support you saw in Argument Wars. Would these arguments make good support in a constitutional case? Drag each one to the correct side of the chart.

29. ** Exit presentation mode for drag & drop to work

31. Time for a Change! Discussion Topic

32. Reversing Precedent In the game, Constitution and Precedent always weighed more heavily. In most situations, that’s true. But… some landmark cases have actually overturned longstanding precedent cases! That means the Court changed its mind about whether a certain situation violates people’s rights.

33. Reversing Precedent What kinds of arguments / supports do you think were most effective in cases where the Court changed its mind? Why? Precedent? Ideas? ? Facts? Constitution? Something else?

34. Reversing Precedent The Court is most likely to change its mind because of facts, such as evidence about how people are being affected, and ideas, like fairness and equality. Facts Ideas

35. Mini Quiz Informal Assessment

36. Mini-Quiz 1. In a constitutional rights case, the government usually argues that…  It violated someone’s rights.  It did not violate someone’s rights. 

37. Mini-Quiz 2. “Precedent” is…   An earlier case that acts as law in other situations that are the same.  The person who leads the executive branch of the United States.

38. Mini-Quiz 3. In a constitutional rights case, the Supreme Court’s decision acts as…   The law in future cases that are the same.  The law for only that particular case.

39. Mini-Quiz 4. To decide whether someone’s rights were violated, courts look at…   The U.S. Constitution.  Laws passed by the U.S. Congress.

40. Mini-Quiz 5. Sometimes, a constitutional right does not apply in a situation.   True  False

41. Mini-Quiz 6. Facts and ideas are usually stronger arguments than the Constitution and Supreme Court precedent.  True  False 

42. Mini-Quiz 7. The Court considers people’s opinions when making a decision.  True  False 

43. Mini-Quiz 8. Each side in a constitutional rights case will usually…  Interpret the Constitution the same way.  Interpret the Constitution differently. 

44. Mini-Quiz 9. The Constitution must be followed regardless of people’s opinions.   True  False

45. Mini-Quiz 10. Facts and ideas may convince the Court to change its mind and overturn an earlier case.   True  False