MAKING LAW: A LEGISLATIVE SIMULATION

Transcription

1 Introduction: MAKING LAW: A LEGISLATIVE SIMULATION This lesson is designed to give insights into the difficult decisions faced by legislators and to introduce students to one of the ways in which citizens can provide input to the legislative process. The lesson opens with analysis of a political cartoon. Students then take part in a simulated legislative hearing on the proposed constitutional amendment to ban flag burning. The simulation helps them to understand not only the process of legislating but also the complexity of and multiple views on issues that legislators must address. Objectives: At the end of this lesson, students will be able to: Analyze, create, and evaluate a political cartoon. Explain the purpose of legislative hearings. Identify arguments on both sides of a controversial public issue. Take and defend a position on a controversial public issue. Materials and Preparation: Make copies of the Political Cartoon, To Burn or to Ban, and Creating an Editorial Cartoon handouts, as well as the directions for the simulated congressional hearing. You may also want to make an overhead of the cartoon. Before the hearing, rearrange the classroom so the subcommittee is sitting across the front of the room and the panels testifying are seated at a table (or desks) facing the committee. Procedure: Part I: Analyzing a Cartoon on Flag Burning 1. Distribute the cartoon to students and put it on an overhead transparency. Tell students that this is an editorial cartoon and that editorial cartoons express an opinion or idea without directly stating it. Explain that humor, exaggeration, irony, and symbolism are techniques cartoonists often use to make the point. Make sure that students understand the meaning of each of the techniques and can give an example of each before they discuss the cartoon. humor: Something that is comical or amusing. exaggeration: Enlarging or increasing something beyond the normal for humorous effect. irony: Use of words to express something other than and especially the opposite of the literal meaning.

2 symbolism: Use of one object to represent another, especially something that is intangible, such as an ideal. 2. Ask student to look at the picture and the caption and describe what is happening in the cartoon. (A man is burning the American flag. A woman is telling him to Cut it out! He suggests that she wants to cut freedom of speech out of the Constitution.) Next ask the students what burning the flag has to do with freedom of speech. (Burning the flag is symbolic speech conveying an idea through an action rather than words.) Ask: What is the main point the cartoonist is making? (Accept all answers students can support.) 3. Next, have students tell you what features the artist used to make the points that were mentioned. (Answers may include: humor, irony, a play on words, and symbolism.) Tell the students that later on they will be asked to create their own editorial cartoon in which they will make a point about their views on flag burning. Part II: Simulated Legislative Hearing 1. Remind students that when bills are introduced in Congress, they are assigned to committees. The committee or a smaller group of committee members called a subcommittee may hold public hearings to gather input about specific bills or about topics covered in bills. In the next part of this lesson, students are going to act as members of the U.S. Senate Committee on the Judiciary and people testifying before the committee on an issue related to flag burning. The subcommittee has been assigned a proposed constitutional amendment on flag burning. Review with students the procedures for amending the Constitution. 2. Distribute the To Burn or To Ban handout and allow time for students to read the material. Discuss the material presented, using the questions For Discussion at the end of the handout as prompts. 3. Tell students that a similar amendment has been introduced in Congress a number of times over the past ten years. It has passed the House several times but has never passed the Senate, although it came within one vote of passing in It was reintroduced in both the House and Senate in January Today it will get a hearing in the Senate Judiciary Committee. Explain that the Judiciary Committee deals with the federal courts, the criminal code, and the Constitution. 4. Explain that students will be conducting a congressional hearing on this act. Some students will serve as the Committee on the Judiciary of the U.S. Senate. Other students will represent citizens and interest groups testifying on this issue. Organize the class into five groups the committee; Veterans United; J. Elliott Zurell, attorney for the Flag Protection Alliance; Professor Taylor Williams; Save Our Civil Liberties. Give each group their directions. (Note: The names of the members of the

3 Judiciary Committee can be found at in case you wish to have the committee members take the parts of actual Senators.) Tell the groups to read the directions and ask for any questions on which they need clarification before they begin their work. Be sure students understand that there will be two panels testifying, made up of two people each. 5. Conduct the simulated hearing. Tell students that the committee would debate and vote on the proposed amendment at a later time, but you would like to take a poll of the subcommittee members to see how they are leaning. Poll the committee and post the results on the chalkboard. Debrief the hearing using questions such as the following: What were the strongest arguments for the proposed amendment? What were the strongest arguments against the amendment? What did you learn from the discussion and testimony at the hearing? What purpose does such testimony and discussion serve? If you were a Senator and you knew your constituents were split on this issue, what would you do? If you were a Senator and a majority of your constituents disagreed with your position, would you vote your own beliefs or your constituents? If your party told its members to vote in one way but you disagreed with that position, what would you do? Is a compromise possible on this issue? Why or why not? Part III: Creating an Editorial Cartoon 1. Tell students that they are going to create their own editorial cartoons based on their feelings about flag burning. Before they do so, you may want to have students look in the newspapers for editorial cartoons and bring them in and analyze them as a class. 2. Distribute the Creating an Editorial Cartoon handout and have students select a point that they want to make about flag burning in their cartoon. Then, have them design the cartoon using at least two of the techniques listed on the handout. Have students do their final copy on a separate sheet of paper. 3. Afterwards, students can share their cartoons with the class and have the class try to determine the point the artist was attempting to make. The class might select cartoons to be submitted to the school newspaper. Extension: 1. The Senate Judiciary Committee has held hearings on the amendment, and the full Senate has debated the proposal. Statements made on the floor of the Senate or in the hearings can be accessed by searching the Senate web site ( using the key words flag desecration. How do the arguments made in the Senate compare with the arguments

4 students made at the simulated hearing? Students could create editorial cartoons to represent the views of people who made statements that represented students views. 2. Students might also research the committee structure in the House and Senate. Lists of the committees in the two houses can be found at ome.htm and What do the committees do? Are they important to the functioning of Congress? If students were elected to Congress, which committee would they hope to be appointed to? Why? Resource Person: Participation by a legislator or a legislative staff member in debriefing the simulation could be beneficial in helping students understand the purpose of public hearings, how legislators use the information they gather at hearings as well as other input from constituents, and how they make decisions when people are deeply divided on an issue.

5 Understanding Editorial Cartoons The purpose of an editorial cartoon is to make a point about an issue in the news. In editorial cartoons, the main point is rarely stated directly and obviously. Instead, cartoonists often use humor, exaggeration, irony and symbols to make their point. Source: Steven Breen, San Diego Union, June 26, What is happening in this cartoon? 2. What is the main point of this cartoon? 3. What features (humor, irony, symbolism, exaggeration) in the cartoon help to make its point?

6 To Burn or To Ban The controversy that spawned a proposed constitutional amendment began more than 20 years ago. In August 1984, a man named Gregory Lee Johnson was the leader of a group protesting the Republican National Convention in Dallas, Texas. The group marched around downtown Dallas, sometimes dropping to the ground to show the effects of a nuclear war. Group members spray-painted some buildings. They also broke into a bank, tearing up papers and turning over plants. Two undercover police officers with the group did not make any arrests. In front of the Dallas City Hall, the group took down a flag from the flagpole, and Johnson set the flag on fire. About 45 minutes later, Johnson was arrested. He was charged with breaking a Texas law that made it illegal to desecrate (treat abusively) the flag. A jury found Johnson guilty, but the case was eventually appealed to the U.S. Supreme Court. In 1989, the Court ruled 5-4 that the Texas law violated the First Amendment. The Court concluded that flag burning was speech, protected as long as it did not result in rioting or other breach of peace. Justice Brennan, writing for the majority said, We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents. Chief Justice Rehnquist, dissenting, wrote, Surely one of the high purposes of a democratic society is to legislate against conduct that is regarded as evil and profoundly offensive to the majority of people whether it be murder, embezzlement, pollution or flag burning. That same year, Congress passed a law protecting the flag from acts such as burning. Protestors burned flags on the Capitol steps to protest passage of the law. On June 11, 1990, the Supreme Court struck down the new law, using the same arguments they used in Texas v. Johnson. Almost immediately, a constitutional amendment protecting the flag was proposed in Congress. That same amendment has been proposed numerous times since then. The House of Representatives has passed the resolution proposing the amendment several times. In June 2006, the Senate failed to pass the amendment, falling short by a single vote, the closest vote ever on the issue in the Senate. The bill was reintroduced in the House and Senate in January The proposal is titled Proposing an amendment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States. It contains only one sentence: The Congress shall have power to prohibit the physical desecration of the flag of the United States.

7 Committee Directions You are the U.S. Senate Committee on the Judiciary. The committee has 19 members, 7 Republicans and 12 Democrats. The chair of the committee, who runs the hearing, is a Democrat. The Senator sponsoring the joint resolution proposing the amendment is a member of the committee. He is a Republican. Your committee is holding hearings about the joint resolution proposing an amendment to the Constitution of the United States. The amendment authorizes Congress to prohibit the physical desecration of the flag of the United States. You will hear testimony from two panels, one for the resolution and one against the resolution. Each panel will consist of two people. To prepare for the hearing, do the following: 1. Decide which members of the group will be Republicans and which Democrats. The Democrats should elect the chair (or head) of the committee. The chair will run the hearing. All of the Democrats will sit together to the left of the chair during the hearing. The highestranking Republican will sit to the right of the chair. All the Republicans will sit on the highestranking Republican s right. Pick a person to represent the sponsor of the amendment, who will introduce Panel 1, the two groups for the resolution. 2. Use the To Burn or To Ban handout to create a list of arguments for and against the proposed amendment. If time allows, do additional research about reasons for supporting or opposing the amendment. 3. Develop questions you want to ask the people testifying at the hearing. 4. Go over the committee procedures so you will know what to do during the hearing. Committee Procedures 1. The chair (head) calls the committee to order and calls on the bill s sponsor to introduce Panel 1 the supporters of the bill. Panel 1 includes a representative of a veterans group (Veterans United) and J. Elliott Zurell, an attorney for the Flag Protection Alliance. Each person testifying should be given two minutes to make his/her arguments. 2. Following statements from both members of Panel 1, committee members should have an opportunity to ask questions. Questions start with the chair, then go to the highest ranking Democrat and then alternate between the parties. 3. Steps 1 and 2 are repeated for Panel 2, the opponents of the amendment. Panel 2 includes a representative of a civil liberties organization (Save Our Civil Liberties) and law professor Taylor Williams. 4. The chair adjourns the hearing.

8 Directions for Members of Panel 1: Veterans United Your organization has a membership of several million veterans, people who have served our country in both war and peace. Many of your members belong to other organizations that support this amendment. You do not believe the country s policy should be established by the Supreme Court. Because so many Americans feel that burning the flag reflects values that are not American, you believe the people should amend the Constitution to reflect their values. You do not believe that burning the flag is speech. It is an action. Certainly, the government can regulate actions even actions regarding private property. For example, zoning laws regulate how people use their property. So why can t we regulate how people use flags? People argue that the flag is a symbol. But symbols are important. People use symbols to teach our children about our country and what it stands for. You believe that young people must be taught to respect the flag. How can that happen if we allow the flag to be burned? Today, young people are fighting and dying to protect our way of life. You believe we must honor their sacrifice by protecting our flag from desecration. To prepare for the hearing: 1. Identify the most persuasive arguments in favor of your position. If time allows, do some additional research to strengthen your arguments. 2. Write a two-minute speech outlining your position. 3. Think about the questions you might be asked and how you could answer those questions. It may help to think about the arguments for the other side. 4. Pick a member of your group to deliver the testimony. Other members of the group can help answer questions. Remember to thank the members of the committee and to be extremely polite during your testimony.

9 Directions for Members of Panel 1: J. Elliott Zurell, Attorney for the Flag Protection Alliance You represent an organization formed specifically to protect the U.S. flag. Because of court rulings that have held that burning the flag is a form of speech, the only way to protect the flag is to amend the Constitution. You take amending the Constitution very seriously. But you believe an amendment is a necessity in this case. The proposed amendment does not actually ban flag burning. It allows Congress to do so. Thus, if Americans want to allow such activities, they can ask their elected representatives to allow flag burning. The amendment puts the decision in the hands of the people s elected representatives. You believe that is where the decision belongs. For many years, almost every state 48 of 50 had laws on the books protecting the flag. That suggests that the people have a strong desire to protect the flag. Thus, you believe Congress should pass this resolution and allow the states to decide whether to amend the Constitution. To prepare for the hearing: 1. Identify the most persuasive arguments in favor of your position. If time allows, do some additional research to strengthen your arguments. 2. Write a two-minute speech outlining your position. 3. Think about the questions you might be asked and how you could answer those questions. It may help to think about the arguments for the other side. 4. Pick a member of your group to deliver the testimony. Other members of the group can help answer questions. Remember to thank the members of the committee and to be extremely polite during your testimony.

10 Directions for Members of Panel 2: Professor Taylor Williams You are a law professor at a well-known law school. You certainly do not support flag burning. However, you have concerns about the proposed amendment. First, you do not believe the amending process should be used to take away the rights of Americans. In the past, amendments have been added to protect rights. Amending the Constitution to take away a right would put us on a slippery slope. It will become easier to take away other rights in the future. The vagueness of the amendment what does desecration mean anyway? makes it even more likely that we will slide down that slope into censorship of all kinds. Second, you see the right of people to dissent to oppose positions taken by the government as critical to democracy. Some forms of dissent are obnoxious. But you believe that the importance of dissent outweighs the discomfort that some forms of dissent cause. Finally, you do not see that the amendment addresses a real need. Especially since September 11, 2001, Americans are patriotic and show their patriotism in many ways. While there have been protests about various policies, has there been a rash of flag desecration? You are not aware of an increase in flag burning. So what problem does the amendment solve? To prepare for the hearing: 1. Identify the most persuasive arguments in favor of your position. If time allows, do some additional research to strengthen your arguments. 2. Write a two-minute speech outlining your position. 3. Think about the questions you might be asked and how you could answer those questions. It may help to think about the arguments for the other side. 4. Pick a member of your group to deliver the testimony. Other members of the group can help answer questions. Remember to thank the members of the committee and to be extremely polite during your testimony.

11 Directions for Members of Panel 2: Save Our Civil Liberties Your organization is devoted to protecting the civil rights of U.S. citizens. You believe the right to free speech is the most fundamental of those rights. In a democracy, citizens must be able to speak freely about their views. Without free speech, a democratic government cannot function because it cannot represent the views of the people. Of course, you believe that acts such as burning the flag are a form of speech. The Supreme Court has repeatedly said so. Burning the flag expresses views in a way that garners public attention and provokes discussion. While a large majority of Americans find flag-burning obnoxious, a recent poll shows that 63 percent oppose a constitutional amendment on flag burning. Americans do not share the values of those that burn the flag. But they recognize the value of free speech. Finally, you do not think that children or adults can be forced to feel patriotic. People will feel patriotic if they see that their country deserves their support and sacrifice. Squelching dissent will not make people love their country more. To prepare for the hearing: 1. Identify the most persuasive arguments in favor of your position. If time allows, do some additional research to strengthen your arguments. 2. Write a two-minute speech outlining your position. 3. Think about the questions you might be asked and how you could answer those questions. It may help to think about the arguments for the other side. 4. Pick a member of your group to deliver the testimony. Other members of the group can help answer questions. Remember to thank the members of the committee and to be extremely polite during your testimony.

12 Name Creating an Editorial Cartoon Using the topic of flag burning, create your own political cartoon. Choose a single, clear idea or opinion to express in your cartoon. You may want to use one or more of the following devices in creating your cartoon: analogy symbolism humor irony exaggeration caricature captions slogans references to history and literature What is the opinion you want to convey in your cartoon?

13 BACK TO THE CONSTITUTION Legislative Branch Introduction: In this unit, students have learned several key ideas about the legislative branch and have searched Article I for specific information about the powers of Congress. In this quick activity, they look further into Article I, completing an exercise that emphasizes the ways in which the Constitution differentiates between the House and the Senate. Objectives: At the end of this lesson, students will be able to: Identify differences between the House and Senate. Explain how differences between the two houses of Congress support the founding principle of limited government. Materials and Preparation: Students will need copies of the Constitution, as well as the handout What s the Difference? Procedure: 1. Review with students some of the founding principles that they have learned about. (These include federalism, majority rule, limited government.) Remind students that, in studying Article I, they learned that limited government was reinforced by constitutional limits on the powers of Congress. Tell students that they are going to be taking another look at Article I to examine differences between the House and the Senate. As they do so, they will be thinking about how the differences advance the principle of limited government. 2. Organize students into groups of three to work cooperatively on this task. Be sure each group has access to at least one copy of the Constitution. Each student should also have a copy of the What s the Difference? handout. Go over the directions to be sure students understand what to do. 3. When students have completed the handout, go over their answers as a class. Answers: 1. House, Article I, Section Senate, Article II, Section Senate, Article II, Section House, Article I, Section House, Article I, Section Senate, Article I, Section Senate, Article I, Section The qualifications for office are different; in addition, the method of selection is different.

14 9. The shorter term of members of the House limits government by making members of the House highly accountable to the public, the power to approve treaties and appointments limits the President s power; the division of powers among the houses (advise and consent, starting bills related to raising revenue, different roles in impeachment) keeps either house from becoming too powerful, impeachment limits misuse of power by providing a mechanism for removing corrupt officials. 10. Answers will vary. The most likely answer is the power to override a presidential veto. However, students might also mention less obvious provisions, such as the requirement that each house keep a journal of its proceedings, which limits government by making its actions transparent, or the restriction on holding any other government post while a member of Congress. Extension: Students could compare the structure of your state legislature and Congress. What might account for the similarities and differences?

15 What s the Difference? Article I of the Constitution established some clear differences between the House and Senate. Article II, which deals with the executive branch, also grants some powers to one of the houses.use your copy of the Constitution to identify which house of Congress each statement below describes. Note in which article and section you find the information. 1. All members serve two-year terms and stand for election every other year. House or Senate? Article and Section: 2. Has the power to approve treaties signed by the President. House or Senate? Article and Section: 3. Has the power to approve the President s nominees for such offices as Supreme Court justice and ambassador. House or Senate? Article and Section: 4. Has the power to propose bills regarding taxes (revenue). House or Senate? Article and Section: 5. Has the power to impeach; that is, can issue the bill of impeachment that states the causes for removing an official from office. House or Senate? Article and Section: 6. Has the power to try impeachments; that is, can make the final decision about whether an official should be removed from office. House or Senate? Article and Section: 7. Members serve six-year terms; one-third stand for election in each even-numbered year. House or Senate? Article and Section: 8. List one other difference not mentioned above. 9. Which of the differences help to limit government 10. Find at least one other provision in Article I that limits government. Choose something you have not talked about in class.