All the activities in the notebook are designed for whole-class lecture, discussion, and interaction or individual self-discovery learning.

Transcription

1 All the activities in the notebook are designed for whole-class lecture, discussion, and interaction or individual self-discovery learning. Answer Key SPOTLIGHT ON CONTENT VOCABULARY Student answers will vary. LESSON 1: LESSON KICKOFF ACTIVITY Definition: 10 th Amendment -- powers not granted to the federal government nor prohibited to the states by the Constitution are reserved, respectively, to the states or the people. Definition: Article VI Supremacy Clause This basically states that the Constitution is the supreme law of the land. Illustration: Student illustrations will vary. Student illustrations will vary. 1. The 10 th Amendment describes the constitutional principle of federalism, wherein the federal government and state governments each have their own powers and shared powers. The Supremacy Clause comes into play because states cannot pass laws or conduct any business that conflicts with the U.S. Constitution, because the U.S. Constitution is the supreme law of the land. 2. James Madison included the amendment to ensure powers that were not specifically given to the national government went to the states. Even though the Constitution strengthened the power of the central government, he also did not want to completely minimize the power of the states. 3. Student responses will vary. LESSON 1: ACTIVE NOTE-TAKING ACTIVITY Federal and State Powers Guiding Question: How does the federal system allow the national and state governments to share power? 1. Which article of the U.S. Article IV of the Constitution discusses the limits of state power as well as offers states certain protections. Constitution limits the power of the states while offering states protections? p List and describe the three kinds of power the federal government has. p. 356 Expressed: These are powers listed in the Constitution. (Article I, Section 8) Implied: These are powers that are not listed in the Constitution, but can be based on it. Inherent: These are powers the government has simply because it is a government. 1

2 3. Reserved powers are given only to the states. Which amendment explains this? What does it say? p What are some of the limits on the power of the states? p Explain ways that the federal and state governments work together. p. 358 The 10 th Amendment discusses reserved powers. It states that all powers not given to the federal government are reserved for the states. States cannot declare war, issue their own money, impose taxes on imports/exports, make treaties with other countries, nor take away the rights of citizens without due process. Another limit to state powers comes from Article VI, the supremacy clause. State law cannot conflict with the words of the Constitution or with a federal law. Each year the federal government gives billions of dollars to states in grants-in-aid. This is money used to meet goals set by Congress. The grants might be for education, healthcare, or other purposes. Some grants give specific instructions to the states. There have been instances in which state governments do not want to follow certain laws Congress has passed. For example, many states resisted the Real ID Act passed in Within a few years, over half the state legislatures had formally protested the law. 6. What are the similarities in all state constitutions? pp The State Constitutions Guiding Question: What characteristics do all state governments share? All state governments split their governments into three branches. The constitutions describe the powers of each branch. In addition, they also list the specific rights guaranteed to state citizens. Florida calls this list the Declaration of Rights. It is nearly three times longer than the Bill of Rights. (FL has more than 100 amendments) 7. What are some of the differences among state constitutions? p. 359 State constitutions vary in length. Sometimes they are longer because they are more specific and detailed. Alabama has the longest state constitution and has added more than 800 amendments The Constitution of Florida Guiding Question: How does the Florida constitution compare to the U.S. Constitution? 8. When was Florida s first constitution drafted? p The Florida constitution has changed six different times since What were some of the major changes made to it? pp How long has Florida s current constitution been in effect? p. 361 The first constitution in Florida was drafted in Florida adopted a new Constitution after the Civil War in It outlawed slavery and gave voting rights to all male citizens 21 and over. In 1885, Florida limited voting rights by putting a tax on voting (poll tax). This constitution lasted more than 80 years. In 1968, a new constitution was ratified and it reorganized the governor s cabinet, created a new board of education, and set clear rules for elections and voting. Florida s current constitution has been in effect for more than 40 years. 2

3 11. There are twelve articles in the Florida constitution. List and explain what the twelve articles describe or set up. pp Article I: Lists the rights guaranteed to all its citizens. These are very similar to the Bill of Rights, but also include rights of crime victims, taxpayer bill of rights, and a definition of marriage. Article II: General Provisions, defines state boundaries and the location of the state government. It states the official language is English, sets rules for public officials, and protects Florida s natural resources, and beauty. Article III, IV, V: These establish the three branches of government Article VI: Describes voting and election rules. Florida s constitution addresses campaign funding and spending limits. Article VII: Gives tax rules for state and local governments. Article VIII: Describes the organization and powers of county and municipal governments in the state. Each county is to be governed by a board of county commissioners. The commissioners are to be elected by the people and serve 4-year terms. It also says that counties may draft their own charters, or type of constitution, as long as they don t conflict with the state constitution. Article IX: Creates Florida s public schools and state university system. It stresses that the state must provide a good education to all children residing within its borders. Article X: This is titled Miscellaneous. It has 27 sections covering a broad range of topics such as lotteries, minimum wage, and animal cruelty. Article XI: Explains that Florida s constitution requires a review every 20 years to see if it still meets the state s needs. The review commission has 37 members. Article XII: This article is titled Schedule, which lays out the complex process for moving from 1885 to the 1968 constitution. Issues in this article include: preserving laws, transferring jobs, and dealing with money such as taxes and investments. LESSON 1: FLORIDA CONSTITUTION SEARCH Question Answer Where did you find it? 1. In the state of Florida, victims of a crime, their next of kin, and their lawful representatives have what rights? 2. How is marriage defined in the state of Florida? 3. Who holds all the political power in the state of Florida? 4. What is the official language of the state of Florida? Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused. Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people. English is the official language of the State of Florida. Article 1, Section 16 Article 1, Section 27 Article I, Section 1 Article II, Section 9 3

4 5. Where is the seat of Florida s government? Whose offices are there? 6. What is the length of a typical legislative session? 7. In which house do all bills originate in the Florida legislature? 8. Who has the power to set the laws about selling alcohol and intoxicating liquors in each county? 9. Which is the class-size amendment? What is the maximum number of students you can have in a middle school classroom? The seat of government shall be the City of Tallahassee, in Leon County, where the offices of the governor, lieutenant governor, cabinet members and the supreme court shall be maintained and the sessions of the legislature shall be held; provided that, in time of invasion or grave emergency, the governor by proclamation may for the period of the emergency transfer the seat of government to another place. A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of each house. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership. Any bill may originate in either house and after passage in one may be amended in the other. Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students Article II, Section 2 Article III, Section 3 Article III, Sect 6 Article XIII, Section 5 Article IX, Section How long after laws are passed in the state of Florida do they go into effect? Each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted or as otherwise provided therein. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by both houses of the legislature. Article III, Section How old must you be to serve as a legislator in Florida? (Both houses) Each legislator shall be at least twentyone years of age. 4 Article III, Section 15

5 12. Who recommends a budget for each fiscal year? 13. Which offices make up the governor s cabinet in the state of Florida? 14. How many justices are there in the Florida supreme court? 15. At what age does the state of Florida require justices to retire? 16. Who has the power to fill vacancies in the judicial branch? 17. What oath must citizens take upon registering to vote? The governor recommends a budget for each fiscal year. There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture. The supreme court shall consist of seven justices. No justice or judge shall serve after attaining the age of seventy years except upon temporary assignment or to complete a term, one-half of which has been served. Whenever a vacancy occurs in a judicial office to which election for retention applies, the governor shall fill the vacancy by appointing for a term. Each eligible citizen upon registering shall subscribe the following: I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida, and that I am qualified to register as an elector under the Constitution and laws of the State of Florida. Article III, Section 19 Article IV, Section 4 Article V, Section 3 Article V, Section 8 Article V, Section 11 Article VI, Section Which five main county officers are specified by the Florida constitution? 19. Who selects the superintendent of schools for each county in Florida? 20. How does the Florida constitution define Florida waters? There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court. In each school district there shall be a superintendent of schools who shall be elected at the general election in each year the number of which is a multiple of four for a term of four years. Florida waters means the waters of the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and any other bodies of water under the jurisdiction of the State of Florida, whether coastal, intracoastal or inland, and any part thereof. Article VIII, Section 1 Article IX, Section 5 Article X, Section 16 5

6 21. What is the minimum wage in the state of Florida? The minimum wage is established at an hourly rate of $7.67. Article X, Section 24 LESSON 2: LESSON KICKOFF ACTIVITY COMPARING WHEAT TO ORANGES FLORIDA KANSAS Describe the geography and environments of Florida vs. Kansas. (landforms, waterways, location, population, etc.) Peninsula surrounded by water on 3 sides Lake Okeechobee and other lakes; river systems Land is at sea level Hurricanes are always a threat Large influx of immigration added 2 seats to the House after the 2010 census Tourism fuels the economy Mild climate Land Use/Resources: fishing, citrus farming, cattle grazing, ranching, manufacturing and trade, forest products The Everglades large losses since 1911; swampy marshland Southeastern region of the U.S Landlocked state Located in the Midwest; Great Plains average 2,000 ft elevation Tornadoes and dust storms are a threat Population has not really changed Immigration not really an issue because of location River systems Land Use/Resources: Crops, livestock, wheat & grains, coal, natural gas Answers will vary, but may include: - Emergency plans for tornadoes/dust storms - Money and resources allocated to funding clean air resources natural gas - May discuss relationships with surrounding states; close proximity requires cooperation Answers will vary, but may include: - Emergency plans for hurricanes and other potential natural disasters - Fishing and maritime laws - Trading and port inspections and laws - Immigration control laws - Protecting/preservation of the Everglades LESSON 2: ACTIVE NOTE-TAKING GUIDE How Legislatures Function Guiding Question: What are the functions of state legislatures? 1. Which is the only state to Nebraska is the only state to have a unicameral legislature. have a unicameral legislature? p

7 2. What is the term of office for most state senators and representatives? What are the age requirements? p What role does the census play in redistricting? p What role did the Supreme Court case Baker v. Carr play in malapportionment? p When do state legislatures meet? p What are some responsibilities of state legislators? p What kind of legislative power do citizens of each state have? p. 367 Most state senators have a 4-year term and representatives have a 2-year term. Minimum age for state senators and representatives ranges from 18 to 25 years old. A census is taken every 10 years to count all Americans. Census results are the basis for drawing district boundaries that will apply for the next 10 years. Working out these legislative districts is called redistricting. Baker v. Carr (1962) citizens in Tennessee s largest cities asked that the state s legislative boundaries be redrawn to better reflect population shifts from rural areas to cities. The Court ruled that state legislative districts had to be roughly equal in terms of population. That ruling affected all states. It resulted in the redrawing of legislative boundaries throughout the country. The goal was to try to ensure that each citizen in a state has an equal voice in government. State legislatures meet during legislative sessions. Sessions last a few months and members can agree to extend it, if necessary. Sometimes special sessions are called for a specific purpose. *Approve people named by the governor to fill state offices. *Work for the people of their district. *Chief job make laws laws must be passed in both houses, then signed by the governor. The process is similar to the process followed by Congress. Citizens have the power to vote on legislative referendums. Referendums allow them to vote to approve or reject a law in their state. In addition, citizens can petition for a popular referendum. This tool allows voters to decide if they want to repeal a law that some people object to. State Economic Issues Guiding Question: What economic challenges do state legislators face? 8. What are states major sources of income? p List and describe the two main types of taxes. p. 367 Taxes Income taxes Some states tax the money people earn from working and from other sources. Sales tax People pay sales tax when they purchase goods. Nearly all states have a sales tax, ranging from 3 percent to 8 percent. (Many large cities also have a separate sales tax.) 10. What are other ways that states get income? p What does most state spending pay for? p. 368 States can get income by charging fees on such items as licenses to marry, drive, fish, hunt, etc. In addition, many states have toll roads, which charge people a fee when they drive on that road. State spending goes to pay for services. These services include aid to local governments, benefits to the poor and disabled, healthcare, education, and payrolls for state workers. States have other expenses, including providing police protection, maintaining roads, and keeping up state parks. 7

8 12. What are some of the economic challenges state governments face today? p. 368 LESSON 2: PROCESSING ACTIVITY Student responses will vary. LESSON 3: LESSON KICKOFF ACTIVITY Student responses will vary. The national unemployment rate reached 10 percent. With fewer people working, state income tax revenues fell. People without jobs had less money to buy products, so state sales tax revenues also fell. People have less money to stimulate the economy. At the same time, states face growing demands to pay for unemployment, healthcare, and other needs. LESSON 3: ACTIVE NOTE-TAKING ACTIVITY The Governor Guiding Question: What are the powers and duties of the governor? 1. Using the graphic web below, list and explain the 6 main roles of the governor. pp Chief Executive carries out state laws; appoints officials; proposes a budget Commander-in-Chief In charge of the National Guard (state militia) Ceremonial Leader Greets important visitors; represents the state Governors Roles Party Leader Leads the political party in the state Judicial Leader offers pardons and reprieves; grants parole Legislative Leader Proposes legislation; approves and vetoes legislation 2. What is the difference between a regular veto and a line-item veto? p. 371 When a governor vetoes a bill, it is rejected in its entirety. A line-item veto means that a governor can veto specific parts of the bill rather than the whole law. Lawmakers can override the veto by rewriting and voting to pass the bill again. 8

9 3. Who takes over if a governor dies or leaves office before the end of his/her term? p. 371 In 43 states, if the governor dies or leaves office, the lieutenant governor is next in line to serve. State Executive Departments Guiding Question: What is the role of the executives who head a state s administrative departments? 4. Who chooses the officials that head the executive departments at the state level? p How many major executive officials do most states have? List and describe each title and office. pp These officials are elected by the citizens of the state. 1. Secretary of State oversees state elections and the recording and publishing of all laws; also keeps other official records 2. Attorney General state s chief lawyer; he/she leads the lawyers who represent the state in legal matters 3. State Treasurer handles and keeps track of the flow of money into and out of the state government 4. State Auditor reviews conduct of state departments and offices; makes sure work is being done honestly and efficiently 5. Commissioner or Superintendent of Education oversees the state s public school system; concerned with subject content in each grade and school-related issues 6. Who makes up the cabinet? When does it meet? What are the members main responsibilities? p. 373 LESSON 3: PROCESSING ACTIVITY Student pages will vary depending on the year. The executive department officials make up the cabinet. The cabinet meets regularly with the governor to give advice and share information. These officials from different departments each bring special knowledge when discussing issues. The size of cabinets varies widely, from fewer than 10 members to 75 in some states (NY). 9

10 LESSON 4: LESSON KICKOFF ACTIVITY Student responses to the metaphor may vary, but these are possible answers. Metaphor The first place you would go to mediate the situation is the Guidance Counselor s office, which can be compared to the lower courts because he/she handles minor disputes and mediates discipline issues and other infractions. You are not satisfied with the outcome of the mediation, so you appeal the decision and take your situation to the Assistant Principal s Office, which is like the higher courts because he or she has more power than the guidance counselor and can review and override the decision the counselor made. You feel as if your side is not really being heard because you are just the student in the situation. You decide to appeal the decision made by the Assistant Principal and take your situation to the Principal s Office, which can be compared to the state Supreme Court, because he/she is the head of the entire school and has the most power there. He/She can override any decisions made by Assistant Principal s and Guidance Counselors. You still feel that justice has not been served, so you decide to take your situation to the top, to the School Board, which can be compared to the U.S. Supreme Court because that would be your last resort. This is the last place you could go to overturn any decisions made by your school leaders. The School Board has jurisdiction over all the schools in its district. Cartoon/Illustration Student illustrations will vary Student illustrations will vary Student illustrations will vary Student illustrations will vary 10

11 LESSON 4: ACTIVE NOTE-TAKING ACTIVITY The Structure of State Courts Guiding Question: How is the state s judicial system organized? 1. Fill in the hierarchy of state courts in the pyramid structure below. List and describe the courts at each level. pp Supreme court Every state has a supreme court. This is the highest court in each state. This court hears appeals from the intermediate appellate courts. State supreme courts generally issue written explanations of their rulings. They hear both civil and criminal cases. State supreme courts are often called courts of last resort, but that is not entirely true, because someone who loses an appeal can sometimes take their case to the U.S. Supreme Court. SUPREMECOURT Higher courts These can be either trial courts or appellate courts. In an appellate court, the party who lost the case in the lower court appeals the decision. The court decides whether errors might have been made in applying the law. Higher level courts handle more serious crimes called felonies. Higher courts also handle civil cases that involve large sums of money. HIGHER COURTS Lower courts These are trial courts. In a trial court, a judge or a jury listens to the evidence and reaches a verdict or a decision in favor of one party or the other. A court that covers an entire county is called a district court. In cities, lower-level trial courts are called municipal courts. These courts handle both civil and criminal cases. The lower courts deal with simple crimes. LOWER COURTS 11

12 2. Why is it important for judges to be free from bias? p By what 6 ways are judges selected to serve in trial courts? p What is the term of office for trial court judges? p How are appellate court judges selected? p What is the term of office for state supreme sourt judges? p. 378 To be effective, judges must know the law and be unbiased. This means they must be free from prejudices, so they can judge fairly. They are also expected to be independent and to resist being swayed by political pressure. 1. Selected by state governors 2. Selected by state legislators 3. Selected by the state supreme court 4. Selected by city officials 5. Elected by voters 6. A mixed approach an elected official chooses a judge for his/her first term on the bench, but when the term ends, he/she must stand for election by the people Terms of office vary. Among high-level trial judges, the term is usually six to eight years. Terms may be as few as four years, but as many as ten. About half the states elect appellate court judges; the other half allow the governor to choose them. In some states, appointments by the governor must be approved by the state legislature or some other governmental body. In 41 states, the judges serve terms of 6, 8, or 10 years. Some states give longer terms to the Chief Justice. When their terms are over, judges have to be approved again to continue to serve on the bench. Forty-one states require that judges be approved by a popular vote. LESSON 4: PROCESSING ACTIVITY THE ROAD TO THE SUPREME COURT Tony Parker was arrested at a local park for disorderly conduct. He was protesting the use of pesticides at the Grand Flamingo Golf Course. The city park is located across US1 from the Grand Flamingo Golf. Tony s signs said, Pesticide Genocide and Honk if you hate poison in your drinking water. He was arrested on a complaint that said he was interrupting the steady flow of traffic, because people were slowing down to look at his signs and his giddy behavior. 1. This case would first go to the county/municipal court for the violation of the local ordinance/misdemeanor offense of disorderly conduct. If convicted, Tony can appeal this decision. 2. If Tony decides to appeal, he would appeal to the circuit court of that district, then the district court of appeals. 3. If Tony decides to continue to appeal his case, it would then be heard by the Florida Supreme Court. 4. Tony decides to countersue the city, which includes the police department and the city park commission, for a violation of his Freedom of Speech (First Amendment). Because this is a constitutional issue dealing with a municipality, the U.S. Supreme Court could hear the case. Student illustrations of this journey to the Supreme Court will vary. 12