Running Head: Socratic Seminar
Socratic Seminar
The Federalist No. 78
Context
Overview
In this Socratic seminar lesson, students will read and discuss the Federalist No. 78 to learn about
the US Judicial Branch.
The Judicial Branch is an important topic of study in American Government. Knowledge of this
branch informs students to gain a complete understanding of the three branches of government.
In addition, students’ knowledge about the judicial branch will apply to their lives beyond the
classroom; students will function independently in American society following their graduation
from high school and it is important that they maintain knowledge of their rights and how those
rights are upheld. Studying the judicial branch prepares students to fulfill their roles as active
citizens in the American democracy.
Learning about the judicial branch through the study of the Federalist No. 78 offers students the
opportunity to engage in important topics concerning the founding of the judicial branch. This
text introduces students to the rationale behind life appointments for Supreme Court justices,
checks and balances, and standards for “good behavior.” Using an historical text to teach
students about the judicial branch also serves to provide students with insight as to how the
present is shaped by the past. This document is rich with information for students to analyze and
discuss and proves itself a worthy source for a Socratic seminar.
Instructional Model
Rationale
Socratic seminars serve as a great method for engaging students in the issues, values, and ideas
of an important text. This lesson plan allows for the free exchange of ideas and allows students to
make meaning of an important text. Students practice individual learning in a seminar as they are
given the opportunity to interpret the text and what is said in the discussion. All students are
called upon to participate in a Socratic seminar, thus allowing them to practice their discussion
skills. Socratic seminars also give students the chance to work with a rich text and practice
analyzing and referencing their reading. Students engage in substantive conversation in a
Socratic seminar, which helps enhance their ability to engage in informed discussions in the
world beyond the classroom. Students practice critiquing as they analyze the course of the
discussion during the debriefing session Socratic seminars allow students to raise and answer
questions on their own, thus facilitating the creation of their voice.
Background Information
The topic of this Socratic seminar is the judicial branch. The lesson is designed for 12th Grade
American Government classes. I will teach this lesson to two government classes at a high
school that does not use tracking. The lesson is designed to take sixty-five minutes of class time
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to complete in a ninety minute long class block. The objectives for this lesson address SOL
GOVT.7a and GOVT.9a, GOVT.10d, e.
Objectives
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Students will be able to identify and explain the practices, operation, and organization of
the judicial branch by using evidence from the primary text (GOVT.7a, GOVT.10d)
Students will examine different perspectives about the role of power, authority, and
governance for the judicial branch by reading a primary text (GOVT.9a, NCSS.6)
Students will be able to demonstrate knowledge of the operation of the federal judiciary
by evaluating how the judiciary influences public policy by delineating the power of
government and safeguarding the rights of the individual (GOVT.10e)
Students will investigate how time, continuity, and change impacted the judicial branch
that Hamilton describes in the text (NCSS.2)
Students will be able to demonstrate skills needed to participate in a discussion
Students will be able to engage in substantive conversation
Assessment
Feedback will serve as a means of assessment for this lesson. After we finish the seminar whole
class discussion, I will instruct students to discuss how they felt the seminar went with their
partner. I will instruct each pair to come up with one thing that they thought went well and
another thing that they thought needed improvement. After students finish discussing with their
partner, I will ask the whole class to debrief together as each group shares one positive aspect
and one aspect of the discussion that needed improvement. After the entire class debriefs,
students will complete their Assessment Worksheet.
Students will complete an Assessment Worksheet at the end of the lesson. This worksheet will
call upon students to demonstrate their writing skills and their ability to use the text to support
their ideas. Part I of the Assessment Worksheet will ask students to write down anything that
they wanted to say during the discussion but did not get the chance to. Part II will ask the
students to analyze the text by answering the following questions: based on this text, do you
think Alexander Hamilton was successful in his purpose for writing the Federalist No. 78 (why
or why not), and do you agree or disagree with lifetime appointments (why or why not)? These
questions are similar to some of the questions on the Entrance Ticket, which will allow me to see
the difference between the two and thus to see some of what the students learned.
I will also provide students feedback about their performance in the seminar. I will use my notes
to complete a Discussion Feedback Sheet that I will fill out for each student after class and hand
back to them the next time we meet. This feedback sheet will grade students in four categories
(25 points each) in their participation, quality of comments (does the student demonstrate
knowledge about the text and the judicial branch?), use of the text, and discussion skills. This
feedback sheet will be helpful for students to make improvements for the next discussion and for
me to see which categories need more work.
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Instructional Procedures
Seminar Text
The seminar text is the Federalist No. 78. Learning about the judicial branch through the study of
the Federalist No. 78 offers students the opportunity to engage in important topics concerning the
founding of the judicial branch. This text introduces students to the rationale behind life
appointments for Supreme Court justices, checks and balances, and standards for “good
behavior.” This document is rich with information for students to analyze and discuss and proves
itself a worthy source for a Socratic seminar.
Opening Question
What is the most compelling argument the author makes for lifetime judicial appointments?
Explain why by using evidence from the text to support your answer.
Core Questions
Why is the judicial branch the “least dangerous” of all three branches?
Do you believe the judicial branch still practices “neither force nor will, but merely judgment?”
According to the text, how does the judicial branch uphold the power and the will of the people?
What evidence does Hamilton use to support the separation of powers among the three branches?
Hamilton shows great respect for the judicial branch, yet how are the qualifications to be a judge
reinforcing the confines of a stratified society?
Potential Follow-up Questions (generic or specific to the text)
What are some of the downsides to appointing judges for life?
How are life appointments for the judicial branch different from life appointments in other forms
of government?
Has the judicial branch ever “teamed up” with another branch?
What do you think?
Why or why not?
How is that evident in the text?
Does anyone have a different opinion?
Does everyone agree?
What do others think?
Preparation for Seminar (Seminar Text) 10 Minutes
Students will have read the text and completed an Entrance Ticket in the class previous to the
discussion. Before students read the text, I will teach them about annotating texts, and require
that they practice as they read the Federalist No. 78. I will write down some key practices in
annotating on the board that the students should do when they read the document: remember to
highlight important words or phrases, write notes or questions in the margins of the text, and
circle words that are unfamiliar. I will walk around the classroom as students read the text to
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monitor their annotating and to help students who might find the text a bit challenging. I will
instruct students to complete the Entrance Ticket once they finish reading the text. I will monitor
the classroom to check if any students are struggling to complete the Entrance Ticket; if I find
that a lot of students are struggling with one question in particular, I will go over that question
with the entire class. Reading the text and completing the Entrance Ticket will take thirty
minutes total.
On the day of the discussion, students will begin the class period by completing a Bellringer
assignment (as is the routine for the class): “write down one question that you have about
Federalist No. 78 that you would like to discuss today.” After students spend seven minutes
completing this assignment, I will instruct them to discuss their answer with the person sitting
next to them (since the students will be sitting in a circle, I will start with one person and direct
each student to their partner from there). Students will discuss their answer with their partner for
three minutes.
Room Arrangement
The room will be arranged in a circle. I will arrange the desks before the students enter the
classroom. I will instruct students to sit in any seat as they enter the classroom.
Preparation for Seminar (Discussion Skills) 10 Minutes
After students finish discussing their answers from the Bellringer with their partner, I will
instruct students about important discussion skills that they will practice using during the lesson.
Each student will have a copy of the Discussion Norms Worksheet, and I will write down some
key discussion skills on the board for students to reference quickly if needed. I will discuss these
norms with the students and explain why each one is important. I will model some of the norms
with the class, such as discussion phrases, addressing each other, and listening and respecting
other students’ opinions. I will make sure that students understand that they are expected to
participate at least once in the discussion, and that I will be grading them according to the quality
of their discussion participation; if a student is not paying attention or not following discussion
norms it will be reflected in their grade. Although all students are expected to have completed
and turned in their Entrance Ticket at the end of the previous class (I will return the Entrance
Tickets, with their annotated text stapled to it, to students at the start of class to help them
complete their bell ringer), some students might have been absent and not received the work. For
these students I will assign them the role of note-taker. These students will sit in the circle with
the rest of the class, yet they will be in charge of taking notes about what was said during the
discussion. I will collect these notes at the end of the discussion and return them to these students
so that they can study them.
Procedures for Seminar 30 Minutes
The entire class will participate in the Socratic seminar. I decided that since the classes are
relatively small (with twenty or twenty-two students in each) it would be better to discuss the
text together. I have seen students work in small groups or even with the class divided in half, so
I think this would be a good opportunity for them to work all together. I will begin the seminar
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with an opening question that requires students to dive into the text to support their answers.
Throughout the seminar, I will continue to remind students to reference the paragraph number in
the text where they are finding their information. I will gauge which questions to ask students
according to their responses to the previous question, and the interest in the text that they show in
their answers; if many students are referencing a particular page or paragraph I will work to ask
them questions where they can further investigate those ideas. However, if I find that some
important sections of the text are being neglected, I will ask students about that topic in order to
spark their interest.
Post-Seminar and Debrief 15 Minutes
After we finish the seminar, I will instruct students to discuss how they felt the seminar went
with their partner for two minutes; during this time I will pass around the Assessment
Worksheet. I will instruct each pair to come up with one thing they thought went well and one
thing that they thought needed improvement. After students finish discussing with their partner, I
will ask the whole class to debrief together as each group shares one positive aspect and one
aspect of the discussion that needed improvement; this will take about three minutes. After the
entire class debriefs, students will complete their Assessment Worksheet. I will remind students
that they are to complete this sheet individually in the next ten minutes of class, and turn it in to
their class folder when they are finished. I will take notes on the debriefing session to help
inform my use of Socratic seminars in the future.
Resources
White Board
White Board Marker
White Board Eraser
Projector/Projector Screen
Projector Remote
Computer with PowerPoint loaded with Bellringer slide
List of Discussion Questions (1 Copy)
Entrance Ticket Worksheets (45 Copies)
Discussion Norms Worksheet (45 Copies)
Federalist Paper No. 78 (45 Copies)
Assessment Worksheet (45 Copies)
Seminar Feedback Worksheet (45 Copies)
Differentiation
I will differentiate within this lesson to meet the needs of my students. I will challenge some
students by giving them the opportunity to work individually with the text as they read it,
analyze it, and complete the Entrance Ticket. I will support other students by giving them the
opportunity to work in pairs to discuss the Entrance Ticket and bellringer, and also by
constructing ideas together as a whole class during the seminar.
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Accommodations/Modifications
I will adapt the lesson to meet the needs of students in the American Government classes with
IEPs, 504 plans, or other specified needs. Since the IEPs for the students that I will teach are
concerned with reading deficiency I made sure to limit the length of the document. In addition, I
could provide these students with a copy of the text that has important concepts in bold or italics.
Also, I could provide a copy of the text in a larger font or double spaced to make it easier for
students to read. There are three students who exit the classroom with their para-educator to
complete tests and quizzes in one of the American Government classes; the para-educator reads
the tests and quizzes to these students who struggle with reading. Since the para-educator will be
in the room, I know someone will be available to help these students if they need questions from
the Entrance Ticket or the Assessment to be read to them out loud. Also, students will work in
pairs at the start of the lesson to discuss their Entrance Ticket, so they will have the opportunity
to talk with a peer about their ideas if they do not feel completely confident about the text. I
could provide these students with a copy of the core questions before the day of the discussion so
that they have the opportunity to investigate the text at their own pace to find answers to these
questions; this will help them to feel more comfortable and confident during the seminar.
Reflection
There are some challenges to this lesson that I have considered. I understand that I might have to
prompt students when we begin the discussion with the opening question; I hope that through the
completion of their Entrance Ticket and Bellringer, though, that students will be prepared to
begin the discussion and dive into the text. Since I have not seen too much of this kind of work
done in the classes that I observed, the students might not be used to participating in long
discussions together. I will guide students through this process, and provide them with helpful
references such as the Discussion Norms worksheet and the Entrance Ticket. I am going to have
each class participate in the seminar as an entire group. I recognize that this might be a bit
challenging, but I feel like the students would be able to handle a large group discussion and
benefit more from it. I have seen the students participate in small group discussions, so it seems
that this is a logical step forward. Also, these classes tend to be a bit chatty, so I will make sure
that I put particular emphasis on courtesy when I review the Discussion Norms worksheet. Time
management is another issue that I will have to be aware of. I will make sure to monitor the
clock and make “time checkpoints” for myself to know if the lesson is running too long. Since
students already worked with some aspects of the judicial branch earlier in the semester in
American Government, and were introduced to the Federalist Papers in their US/VA History
course, they should have enough prior knowledge to provide a firm base from which to build
upon. If this is not the case, as it is possible that they forgot such information, I will make sure
that I have a strong enough understanding about the topic and the Federalist Papers to be able to
elaborate on them and teach the students more if needed. In addition, I will make sure that the
students know that the point of the lesson is to investigate the issues, values, and ideas of the text
and to enhance their discussion skills. I will show students my appreciation for the answers that
they share, and have them explain their reasoning by referencing the text.
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Name: _________________________________________________ Date: ________________
Socratic Seminar Entrance Ticket
Directions: Answer the following questions after you finish reading the text. Use the text to
inform your answers. Write down the paragraph number next to each question to cite where
you found your answers (this will help you during the discussion in class).
1. What is the title of this document? What document set was this part of?
2. Who wrote this document?
3. Who was the audience for this document? Why was this document written for them? Cite the
paragraphs where you find your information.
4. Should citizens be fearful of the power of this branch? Explain why or why not. Cite the
paragraphs where you find your information.
5. In what ways is the judicial branch “less dangerous” than the legislative or executive
branches?
6. Explain the role Hamilton believes the Constitution plays in informing the judicial branch.
Cite the paragraphs where you find your information.
7. Did you find Hamilton’s arguments convincing? Explain why or why not. Cite the paragraphs
where you find your information.
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Socratic Seminar: Discussion Norms
1) Do not raise your hand; this is a conversation
2) One person speaks at a time; do not interrupt
3) Address your classmates, not the teacher
4) Use the text to support your interpretations and comments
5) Listen to and respect each other’s opinions
6) Remember: there is not wrong answer
Helpful Discussion Phrases
When you disagree:
•
I have a different opinion/interpretation (followed by your statement)
•
I disagree. Let me explain why…
For clarification if you do not understand:
•
I think I understand, but let me be sure (then rephrase)
•
What do you mean by…?
When you agree:
•
I agree with his/her point and this is why…
•
I think he/she is right because…
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Name: ________________________________________________ Date: __________________
Socratic Seminar: Assessment Worksheet
Part I
Directions: In the space below, write down anything related to the discussion that you wanted to
say during the discussion but did not get the chance to.
Part II
Directions: On a separate sheet of paper, or on the back of this sheet, answer the following
questions in paragraph form, using five-six complete sentences. Remember to use the text to
support your answers! Your answers will not be counted for full credit unless you reference the
text in your writing.
• Based on this text, do you think Alexander Hamilton was successful in his purpose for
writing the Federalist No. 78? Explain why or why not.
• Do you agree or disagree with life appointments for judges? Explain why or why not.
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Student: ______________________________________________________________________
Socratic Seminar Feedback
Federalist Paper No. 78
Participation/Attentiveness __________/25
Comments:
Quality of Comments
__________/25
Comments:
Use of the text
__________/25
Comments:
Discussion Skills
Comments:
__________/25
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The Federalist No. 78
The Judiciary Department
Independent Journal
Saturday, June 14, 1788
[Alexander Hamilton]
1. To
the People of the State of New York:
WE PROCEED now to an examination of the judiciary department of the proposed government.
In unfolding the defects of the existing Confederation, the utility and necessity of a federal
judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations
5. there urged, as the propriety of the institution in the abstract is not disputed; the only questions
which have been raised being relative to the manner of constituting it, and to its extent. To these
points, therefore, our observations shall be confined.
The manner of constituting it seems to embrace these several objects: 1st. The mode of
appointing the judges. 2d. The tenure by which they are to hold their places. 3d. The partition of
10. the judiciary authority between different courts, and their relations to each other.
First. As to the mode of appointing the judges; this is the same with that of appointing the
officers of the Union in general, and has been so fully discussed in the two last numbers, that
nothing can be said here which would not be useless repetition.
Second. As to the tenure by which the judges are to hold their places; this chiefly concerns their
15. duration in office; the provisions for their support; the precautions for their responsibility.
According to the plan of the convention, all judges who may be appointed by the United States
are to hold their offices during good behavior; which is conformable to the most approved of the
State constitutions and among the rest, to that of this State. Its propriety having been drawn into
question by the adversaries of that plan, is no light symptom of the rage for objection, which
20.disorders their imaginations and judgments. The standard of good behavior for the continuance
in office of the judicial magistracy, is certainly one of the most valuable of the modern
improvements in the practice of government. In a monarchy it is an excellent barrier to the
despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and
oppressions of the representative body. And it is the best expedient which can be devised in any
25. government, to secure a steady, upright, and impartial administration of the laws.
Whoever attentively considers the different departments of power must perceive, that, in a
government in which they are separated from each other, the judiciary, from the nature of its
functions, will always be the least dangerous to the political rights of the Constitution; because it
will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors,
30. but holds the sword of the community. The legislature not only commands the purse, but
prescribes the rules by which the duties and rights of every citizen are to be regulated. The
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judiciary, on the contrary, has no influence over either the sword or the purse; no direction either
of the strength or of the wealth of the society; and can take no active resolution whatever. It may
truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend
35.upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably,
that the judiciary is beyond comparison the weakest of the three departments of power1; that it
can never attack with success either of the other two; and that all possible care is requisite to
enable it to defend itself against their attacks. It equally proves, that though individual oppression
40. may now and then proceed from the courts of justice, the general liberty of the people can
never be endangered from that quarter; I mean so long as the judiciary remains truly distinct
from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of
judging be not separated from the legislative and executive powers."2 And it proves, in the last
place, that as liberty can have nothing to fear from the judiciary alone, but would have every
45.thing to fear from its union with either of the other departments; that as all the effects of such a
union must ensue from a dependence of the former on the latter, notwithstanding a nominal and
apparent separation; that as, from the natural feebleness of the judiciary, it is in continual
jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as
nothing can contribute so much to its firmness and independence as permanency in office, this
50.quality may therefore be justly regarded as an indispensable ingredient in its constitution, and,
in a great measure, as the citadel of the public justice and the public security.
…
There is no position which depends on clearer principles, than that every act of a delegated
authority, contrary to the tenor of the commission under which it is exercised, is void. No
55.legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to
affirm, that the deputy is greater than his principal; that the servant is above his master; that the
representatives of the people are superior to the people themselves; that men acting by virtue of
powers, may do not only what their powers do not authorize, but what they forbid.
…It is far more rational to suppose, that the courts were designed to be an intermediate body
the people and the legislature, in order, among other things, to keep the latter within
the limits assigned to their authority. The interpretation of the laws is the proper and peculiar
province of the courts. A constitution is, in fact, and must be regarded by the judges, as a
fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of
any particular act proceeding from the legislative body. If there should happen to be an
65.irreconcilable variance between the two, that which has the superior obligation and validity
ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the
statute, the intention of the people to the intention of their agents.
60.between
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative
power. It only supposes that the power of the people is superior to both; and that where the will
70. of the legislature, declared in its statutes, stands in opposition to that of the people, declared in
the Constitution, the judges ought to be governed by the latter rather than the former. They ought
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to regulate their decisions by the fundamental laws, rather than by those which are not
fundamental.
But in regard to the interfering acts of a superior and subordinate authority, of an original and
75.derivative power, the nature and reason of the thing indicate the converse of that rule as proper
to be followed. They teach us that the prior act of a superior ought to be preferred to the
subsequent act of an inferior and subordinate authority; and that accordingly, whenever a
particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to
adhere to the latter and disregard the former.
80. It
can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute
their own pleasure to the constitutional intentions of the legislature. This might as well happen in
the case of two contradictory statutes; or it might as well happen in every adjudication upon any
single statute. The courts must declare the sense of the law; and if they should be disposed to
exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their
85.pleasure to that of the legislative body. The observation, if it prove any thing, would prove that
there ought to be no judges distinct from that body.
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution
against legislative encroachments, this consideration will afford a strong argument for the
permanent tenure of judicial offices, since nothing will contribute so much as this to that
90.independent spirit in the judges which must be essential to the faithful performance of so
arduous a duty.
…Though I trust the friends of the proposed Constitution will never concur with its enemies,3 in
questioning that fundamental principle of republican government, which admits the right of the
people to alter or abolish the established Constitution, whenever they find it inconsistent with
95.their happiness, yet it is not to be inferred from this principle, that the representatives of the
people, whenever a momentary inclination happens to lay hold of a majority of their constituents,
incompatible with the provisions in the existing Constitution, would, on that account, be
justifiable in a violation of those provisions; or that the courts would be under a greater
obligation to connive at infractions in this shape, than when they had proceeded wholly from the
100. cabals of the representative body. Until the people have, by some solemn and authoritative
act, annulled or changed the established form, it is binding upon themselves collectively, as well
as individually; and no presumption, or even knowledge, of their sentiments, can warrant their
representatives in a departure from it, prior to such an act. But it is easy to see, that it would
require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of
105. the Constitution, where legislative invasions of it had been instigated by the major voice of
the community.
That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which
we perceive to be indispensable in the courts of justice, can certainly not be expected from
judges who hold their offices by a temporary commission. Periodical appointments, however
110.regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary
independence. If the power of making them was committed either to the Executive or legislature,
there would be danger of an improper complaisance to the branch which possessed it; if to both,
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there would be an unwillingness to hazard the displeasure of either; if to the people, or to persons
chosen by them for the special purpose, there would be too great a disposition to consult
115.popularity, to justify a reliance that nothing would be consulted but the Constitution and the
laws.
There is yet a further and a weightier reason for the permanency of the judicial offices, which is
deducible from the nature of the qualifications they require. It has been frequently remarked,
with great propriety, that a voluminous code of laws is one of the inconveniences necessarily
120.connected with the advantages of a free government. To avoid an arbitrary discretion in the
courts, it is indispensable that they should be bound down by strict rules and precedents, which
serve to define and point out their duty in every particular case that comes before them; and it
will readily be conceived from the variety of controversies which grow out of the folly and
wickedness of mankind, that the records of those precedents must unavoidably swell to a very
125. considerable bulk, and must demand long and laborious study to acquire a competent
knowledge of them. Hence it is, that there can be but few men in the society who will have
sufficient skill in the laws to qualify them for the stations of judges. And making the proper
deductions for the ordinary depravity of human nature, the number must be still smaller of those
who unite the requisite integrity with the requisite knowledge. These considerations apprise us,
130. that the government can have no great option between fit character; and that a temporary
duration in office, which would naturally discourage such characters from quitting a lucrative
line of practice to accept a seat on the bench, would have a tendency to throw the administration
of justice into hands less able, and less well qualified, to conduct it with utility and dignity. In the
present circumstances of this country, and in those in which it is likely to be for a long time to
135.come, the disadvantages on this score would be greater than they may at first sight appear; but
it must be confessed, that they are far inferior to those which present themselves under the other
aspects of the subject.
Upon the whole, there can be no room to doubt that the convention acted wisely in copying from
the models of those constitutions which have established good behavior as the tenure of their
140.judicial offices, in point of duration; and that so far from being blamable on this account, their
plan would have been inexcusably defective, if it had wanted this important feature of good
government. The experience of Great Britain affords an illustrious comment on the excellence of
the institution.
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Bibliography
Roland, J. (2011). The Federalist No. 78. Constitution Society.
http://www.constitution.org/fed/federa78.htm.
Stoddard, J. Seminar Discussion Norms 8.4.