A note from the Hon. G. Joseph Pierron, Jr. Chair Law Related Education Committee

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1 Grades K-5 A note from the Hon. G. Joseph Pierron, Jr. Chair Law Related Education Committee Dear Educator on the U. S. Constitution, The attached materials have been used by Kansas judges, lawyers and teachers to help educate children on the Constitution. Please feel free to use and modify them. Also, think about how you might like to present the materials. It is a good idea to talk with the teachers you will be working with about how much time you will have. The best programs are those which are interactive. Making the programs fun will help to make them more interesting to the students. Please feel free to contact me if you have any questions. G. Joseph Pierron Judge, Kansas Court of Appeals pierronj@kscourts.org 301 SW 10th Avenue Topeka, KS

2 Constitution Day Projects for 3 rd and 4 th Grade Students Hon. Karen Arnold-Burger This lesson includes a discussion about the Bill of Rights, and scripts to illustrate Search and Seizure, Quartering Soldiers, Public Assembly, and Trial by Jury. Appropriate for grades: 3 rd and 4th

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18 4 th, 5 th and 6th grade presentations on the U.S. Constitution This presentation is intended to be 30 minutes or less and include the history of the constitution, the three branches of government, the Bill of Rights, and Constitutional Democracy. Appropriate for grades: 4-6.

19 FOURTH, FIFTH AND SIXTH GRADE PRESENTATIONS ON THE CONSTITUTION Fourth, fifth and sixth graders have some grasp of our government but not so much that you can present a program on the constitution in 30 minutes in a comprehensive way. Start your presentation with a very brief biography of yourself. Point out that from 1776 to 1781 we fought our war for independence from Great Britain because we did not believe it was right for the British to rule over us without our being able to take part in the elections that chose our leaders. In 1787 we wrote our constitution which the 13 original states fairly quickly agreed to. This constitution (show it) was not very big and just established the basic way our country s government would work. The founders of our country decided that the best national government for us would be one with three branches; the legislative, the executive and the judicial. The three branches had separate powers, although they sometimes overlapped. They also provided that the states would have state governments that would deal with matters that the national government did not handle within their own states. Our national government therefore was one of separate but equal branches which provided checks and balances on the powers of the three branches. They did this to try and protect the people from government that might get out of hand without these separation of powers and checks and balances. One of the first things our new government and the people did was to pass ten amendments to the constitution to protect certain freedoms. We call these amendments the Bill of Rights. This showed that we were concerned about protecting the freedom of the people from the federal government. In the important case of Marbury v. Madison in 1803 the Supreme Court of the United States said that the Supreme Court had the power to interpret the Constitution, even if the interpretation might be different from what the President and the Congress might think. Although this power does not necessarily have to be possessed by the Supreme Court, we have accepted it since Marbury v. Madison.

20 We have a Constitutional Democracy in our country. The people have the ultimate authority to make the decisions but they are limited, at least in the short run, by our constitution. For instance, if a majority of people wanted to take the right to vote away from everyone under the age of 25, they would not be able to do it immediately because that would violate the U.S. Constitution. They would have to amend the U.S. Constitution, which is difficult, to do it. Since the Bill of Rights was enacted the Constitution has been amended 17 times in about 220 years. These amendments have brought significant changes about in our government and country. They have dealt with, among other things, how we elect U.S. senators and the President, who can vote, and extending the Bill of Rights to protect the people from state government actions as well as the Federal government. The extention of most of the rights in the Bill of Rights to protection from the actions of states is a very important part of our history. (Bring a kid up to the front and have them wear a robe and give them a gavel.) The Fourteenth Amendment was passed after the Civil War, along with the 13 th and the 15 th Amendment, to protect the rights of newly freed black slaves. However, the Supreme Court, within a few years, began to interpret the Amendment to have broader meanings. (Read the important parts) Eventually, the Supreme Court said that almost all the rights we have against the federal government in the Bill of Rights also apply to actions by the states. In other words, the states cannot deny these rights either. It is important to realize that there are people who argue that this interpretation of the 14 th Amendment is wrong and the Bill of Rights should not apply to the states. However, while there have been many long arguments about this, the courts have not changed their minds about it and the people of the United States have not reversed this holding by passing a constitutional amendment doing so. At least five of our constitutional amendments were passed to essentially reverse Supreme Court decisions, (11 th, 13 th, 14 th, 15 th and 16 th ) so it can be done. The federal and state courts do not reverse legislative enactments or executive decisions very often as we want most of our decisions to be made by our elected

21 officials. Only those that are unconstitutional should be struck down. The ways our laws are made at the state and the national level demonstrate how our democracy works. For a law to be passed it must be originated by the legislative branch. Once it is passed the executive, the president or governor, may either agree with it or veto it or just let it take effect without executive action. Usually, if two thirds of both houses of the legislature (if there are two houses) vote to overturn the veto, the law can take effect. These separate powers may sometimes require both sides of an issue to compromise to get something passed. Take questions and encourage the students to think about being judges and lawyers and to think about these issues when they are being debated nationally.

22 Hon. Cheryl Rios Kingfisher Thoughts on presenting to elementary students Judge Kingfisher shares her thoughts on how she prepared for a presentation to young elementary students. She also shares ideas for props and things to take for students and to leave behind for the school/library. Appropriate for grades: K-2nd.

23 Cheryl Rios Kingfisher I was asked to participate in presenting/educating lower school aged children about the judiciary. On each occasion, I refreshed my recollections about historical events and figures prior to going to the school. I perused online resources, including the National Center for State Courts which publishes booklet/cartoons which are age appropriate on this topic. I also went to teacher websites to get ideas about what children of this age may already know. When I realized at the last minute, that I would be speaking for much longer than anticipate (1 hour 20 minutes as opposed to just 20 minutes), I decided to include props (beaded necklaces and small American flags) which I gifted each time a student raised their hand and answered questions. I bought children s books related to the topic and left them with the school library. I also have several pocket copies of the US Constitution which I left for the library. Overall it was a fulfilling experience and I would do it again. Each year that I participate, I get a little more creative and a bit savvier about to expect.

24 Teaching materials and resources about the U.S. Constitution & Bill of Rights This is a list of resources to assist in preparing presentations, lesson plans and handouts for topics related to Celebrate Freedom Week and the US. Constitution. For an ongoing updated list, please see and see Public Resources/For Educators/Terrific Technology for Teachers. Some of the worksheets were borrowed from the State of Indiana.

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40 MATERIALS ON THE UNITED STATES CONSTITUTION THE SIGNERS OF THE CONSTITUTION by Ferris and Charleton MIRACLE AT PHILADELPHIA by Catherine Drinker Bowen SIGNERS OF THE CONSTITUTION by THE National Park Service line_ books/constitution/bio.htm A HISTORY OF THE SUPREME COURT by Bernard Schwartz The Penguin Guide To The United States Constitution by Richard Beeman THE SUPREME COURT HOW IT WAS HOW IT IS by William H. Rehnquist SIMPLE JUSTICE by Richard Kruger A TIME TO LOSE by Paul Wilson THE NINE by Jeffrey Toobin THE SUPREME COURT JUSTICES by The Supreme Court Historical Society

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