High School Social Studies U.S. Government Unit 01 Exemplar Lesson 02: Constitutional Principles

Transcription

1 United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days High School Social Studies U.S. Government Unit 01 Exemplar Lesson 02: Constitutional Principles This lesson is one approach to teaching the State Standards associated with this unit. Districts are encouraged to customize this lesson by supplementing with district-approved resources, materials, and activities to best meet the needs of learners. The duration for this lesson is only a recommendation, and districts may modify the time frame to meet students needs. To better understand how your district may be implementing CSCOPE lessons, please contact your child s teacher. (For your convenience, please find linked the TEA Commissioner s List of State Board of Education Approved Instructional Resources and Midcycle State Adopted Instructional Materials.) Lesson Synopsis In this government lesson, students develop an understanding of the purpose and principles behind the U.S. Constitution. TEKS The Texas Essential Knowledge and Skills (TEKS) listed below are the standards adopted by the State Board of Education, which are required by Texas law. Any standard that has a strike-through (e.g. sample phrase) indicates that portion of the standard is taught in a previous or subsequent unit. The TEKS are available on the Texas Education Agency website at id=6148. G.7 Government. The student understands the American beliefs and principles reflected in the US Constitution and why these are significant. The student is expected to: G.7A G.7B G.7D G.7E G.7F G.7G Explain the importance of a written constitution. Evaluate how the federal government serves the purposes set forth in the Preamble to the US Constitution. Evaluate constitutional provisions for limiting the role of government, including republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights. Describe the constitutionally prescribed procedures by which the US Constitution can be changed and analyze the role of the amendment process in a constitutional government. Identify how the American beliefs and principles reflected in the Declaration of Independence and the US Constitution contribute to both a national identity and federal identity and are embodied in the United States today. Examine the reasons the Founding Fathers protected religious freedom in America and guaranteed its free exercise by saying that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," and compare and contrast this to the phrase, "separation of church and state". G.8 Government. The student understands the structure and functions of the government created by the US Constitution. The student is expected to: G.8E Explain how certain provisions of the US Constitution provide for checks and balances among the three branches of government. G.9 Government. The student understands the concept of federalism. The student is expected to: G.9A G.9B G.9C G.9D Explain why the Founding Fathers created a distinctly new form of federalism and adopted a federal system of government instead of a unitary system. Categorize government powers as national, state, or shared. Analyze historical and contemporary conflicts over the respective roles of national and state governments. Understand the limits on the national and state governments in the US federal system of government. G.12 Government. The student understands the similarities and differences that exist among the US system of government and other political systems. The student is expected to: Last Updated 04/18/13 page 1 of 46

2 G.12B Analyze advantages and disadvantages of federal, confederate, and unitary systems of government. G.12C Analyze advantages and disadvantages of presidential and parliamentary systems of government. G.13 Citizenship. The student understands rights guaranteed by the US Constitution. The student is expected to: G.13A Understand the roles of limited government and the rule of law in the protection of individual rights. G.13C Identify the freedoms and rights guaranteed by each amendment in the Bill of Rights. G.16 Citizenship. The student understands the importance of the expression of different points of view in a constitutional republic. The student is expected to: G.16B Analyze the importance of the First Amendment rights of petition, assembly, speech, and press and the Second Amendment right to keep and bear arms. Social Studies Skills TEKS G.20 Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to: G.20A Analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions. G.21 Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to: G.21B Use standard grammar, spelling, sentence structure, and punctuation. G.21D Create written, oral, and visual presentations of social studies information. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days GETTING READY FOR INSTRUCTION Performance Indicators High School Social Studies Government Unit 01 PI 02 It is election time. Prepare written and visual information to be used at a community information meeting. The visual should depict the main features of the Constitution, including its purpose, and the division of powers among branches and between national and state governments. The written information should provide at least two examples of the principles of government. Standard(s): G.7B, G.8E, G.9B, G.20A, G.21B, G.21D ELPS ELPS.c.1C, ELPS.c.5E Key Understandings The written constitution of a democratic society defines the purpose, principles, roles, and powers of the government and provides a mechanism for change. - What are the purpose, principles, roles, and powers of the government? - How does the structure of the government set in the Constitution support the purpose and principles found in the Preamble? - What mechanism for changing the Constitution is defined in the Constitution? Vocabulary of Instruction power principles beliefs preamble limited government republicanism separation of powers checks and balances popular sovereignty federalism (federal system) unitary system confederate system concurrent powers enumerated powers reserved powers rule of law Bill of Rights incorporation doctrine presidential system parliamentary system Materials Last Updated 04/18/13 page 2 of 46

3 United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days Copy of the Bill of Rights (often found in the textbook) Refer to the Notes for Teacher section for materials. Attachments All attachments associated with this lesson are referenced in the body of the lesson. Due to considerations for grading or student assessment, attachments that are connected with Performance Indicators or serve as answer keys are available in the district site and are not accessible on the public website. Teacher Resource: The Preamble Handout: Six Goals in the Preamble (1 per student) Teacher Resource: Six Goals in the Preamble Suggested Responses Handout: Preambles: Texas, The Confederacy, Mexico (1824), Jordan, Argentina, Libya Handout: Anatomy of the Constitution (1 per student) Teacher Resource: Anatomy of the Constitution KEY Handout: Separation of Powers & Checks and Balances Chart Teacher Resource: Teacher Notes on Checks and Balances Handout: Worksheet on Checks and Balances (1 per student) Teacher Resource: Claim Your Powers: Rules of the Game Teacher Resource: Claim Your Powers Situations including KEY Handout: Examples of How the Constitution Divides Powers (1 per student) Handout: Vocabulary Associated with Federalism (teacher copy and/or 1 per student) Handout: State or Federal Control (1 per student) Handout: Comparing Two Governmental Systems Cards (one set for every 3 students, cut apart) Teacher Resource: Comparing Two Governmental Systems KEY Handout: Methods of Amending the Constitution Teacher Resource: Teacher Notes on Amending the Constitution Handout: Proposed Constitutional Amendments (1 per student) Handout: Constitutional Convention (1 per student) Handout: The Bill of Rights Simplified Teacher Resource Lesson Activities KEY Resources None identified Advance Preparation 1. Become familiar with the content and activities of the lesson. 2. Refer to the Instructional Focus Document for specific content to include in the lesson. 3. Select appropriate sections of the textbook and other classroom materials that support the learning for this lesson, including the Key Understanding and Guiding Questions. 4. Preview materials and websites according to district policy. 5. Prepare materials and handouts as needed. Background Information The activities in this part of Unit 1 are designed to teach essential understandings of the basic principles of the American government. The remainder of the course expands and elaborates the information students learn in this unit. Last Updated 04/18/13 page 3 of 46

4 INSTRUCTIONAL PROCEDURES United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days Instructional Procedures ENGAGE Exploring the Preamble 1. Begin class by projecting the top half of the Teacher Resource: The Preamble. At this time, use the Preamble as Originally Written. 2. This is the original language of the Preamble to the Constitution. How does it differ from what you know of the Preamble as it actually appears today? 3. Allow a short time for students to discuss with a partner; then ask for volunteers. Responses should include the listing of each state in the original language, the absence of any goals or reasons for forming a government. 4. Project the bottom half of the Teacher Resource: The Preamble (The Preamble as Revised by the Committee on Style) 5. Facilitate a discussion where students note the similarities and differences. Encourage use of academic language, which acts as a review of prior learning. Discussion should include points such as: Note that both versions begin with the words We, the People. What principle of government does this illustrate? (popular sovereignty) Why was it important to change the opening words to delete the names of the individual states and say United States? (In the new government states would come together to act for the common good, not behave as individual, small republics.) Encourage students to look at the six clauses after We, the People of the United States... These are the six goals the Founding Fathers believed should form the basis of the new government. The U.S. Constitution is the oldest one in use today, anywhere in the world, and that its form has been copied by the majority of governments who have written constitutions since. Preambles usually identify the source of power in a government and state the goals of the new government. Notes for Teacher NOTE: 1 Day = 50 minutes Suggested Day 1 5 minutes Attachments: Teacher Resource: The Preamble (The Preamble as Originally Written and The Preamble as Revised by the Committee on Style) TEKS: G.7A, G.7B Instructional Notes: Questions during the discussion could include: Purpose: The Preamble to the Constitution sets forth purposes for our government to follow. - What are the purposes of government set forth in the Preamble to the U.S. Constitution? - What influenced the Founding Fathers to include these purposes in the Preamble? - How is each purpose reflected in the Constitution? - How have we, as a nation, been successful in achieving these purposes? - How have we fallen short of adhering to these purposes at any times in our history? The students will evaluate how the federal government serves the purposes set forth in the Preamble to the Constitution, examine the successes and failures in achieving the goals of the Preamble, and compare and contrast the U.S. Preamble with those of selected other governments. 6. Tell students that at the end of the lesson they will examine several other preambles, but first, the class will analyze the six goals stated in the Preamble to the United States Constitution. EXPLORE Exploring the Preamble 1. Students form small groups. 2. Distribute copies of the Handout: Six Goals in the Preamble. 3. Briefly clarify the language used by the Founding Fathers in stating each goal: more perfect union move toward perfection establish justice set standards for enforcing justice domestic tranquility peace within our borders common defense a national defense general welfare a sense of well being in the country our posterity those who come after us Suggested Day 1 (cont d) 10 minutes Attachments: TEKS: G.7B Handout: Six Goals in the Preamble (1 per student) Teacher Resource: Six Goals in the Preamble Suggested Responses Instructional Note: If using an overhead projector, make a transparency of the chart. 4. Facilitate a brief discussion of the chart. Suggested responses for each goal can be found on the Teacher Resource: Six Goals in the Preamble Suggested Responses. 5. Assign each group one of the purposes. Last Updated 04/18/13 page 4 of 46

5 6. Groups complete the chart for their assigned purpose. Note: Allow students to skim appropriate sections of their textbooks as part of the discussion. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 7. Monitor groups to clarify, correct misunderstandings, and provide additional background information where needed. 8. When all groups are finished, each group reports on their section. 9. Project a copy of the chart and fill in the information as groups report on their section. 10. Students add information to their charts as each group reports. EXPLAIN Exploring the Preamble Suggested Day 1 (cont d) 20 minutes 1. Student groups discuss the information on all purposes presented and prepare to contribute to the discussion on key ideas investigated so far, including: The written constitution defines the purpose, principles, roles, and powers of the government and provides a mechanism for change. - What are the purposes of government set forth in the Preamble to the U.S. Constitution? - How is each purpose reflected in the Constitution? - What influenced the Founding Fathers to include the purpose in the Preamble? - How have we as a nation been successful in achieving these purposes? - How have we fallen short of adhering to these purposes at any times in our history? 2. Facilitate a class discussion where students are encouraged to use academic language as they share their learning. EXPLORE/EXPLAIN Exploring the Preamble 1. Distribute copies of the Handout: Preambles: Texas, The Confederacy, Mexico (1824), Jordan, Argentina, Libya (class set or display copy). 2. Facilitate a discussion where students compare the preambles to each other and the Preamble to the U.S. Constitution. Add background information as needed, including the following points: Texas written in l876 after Reconstruction for the current state constitution Mexico not the current preamble because they do not have one in their current constitution. This one is for the first constitution Mexico wrote after gaining independence from Spain. They were assisted in writing this constitution by Stephen F. Austin, a lawyer who was in the capital city seeking assurances that he could still legally bring settlers into Texas. Born in the Louisiana territory when it belonged to Spain, Austin spoke Spanish. 3. Examine each preamble with students and ask the following general questions about each one: What or who is the identified source of power in each country? What goals, values, events or philosophies are referred to or implied in the preamble? What inferences can you gain from the preamble about how government would be organized in this country? What rights might be guaranteed in the country? 4. Be sure students understand that: Suggested Day 1 (cont d) 15 minutes Materials Attachments: Copy of the Constitution Handout: Preambles: Texas, The Confederacy, Mexico (1824), Jordan, Argentina, Libya (class set or set of transparencies for display) Handout: Anatomy of the Constitution (1 per student) TEKS: U.S.7B Instructional Notes: If time is short, omit one or two preambles from the discussion. The preambles of Jordan and Libya represent a constitutional monarchy and a military dictatorship, different forms of government from our own. Other interesting preambles to explore include Japan (written after they lost World War II), Eritrea (recognizes women s rights), Egypt (long and filled with language touting its rich history), South Africa (contains portions written in many dialects), and the current Iraq preamble. The Handout: Anatomy of the Constitution worksheet is designed to walk through the Constitution. Last Updated 04/18/13 page 5 of 46

6 The Confederacy was set up for each state to make its own laws, coming together mainly for defense, but seeking to keep many of the goals of the U.S. The preambles of Mexico and Argentina were influenced by the U.S. Preamble. The preamble of Jordan is for a constitutional monarchy. The preamble of Libya is for the military dictatorship of Muammar al-gaddafi, (also spelled Qadhafi), who is now deposed and dead. This preamble is excerpted. Like many dictatorships before, it promises that the dictatorship is temporary, lasting until the people can complete their revolution and prepare a permanent constitution. It was first made temporary in 1969 and lasted until United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 5. Students read appropriate sections of their textbook to deepen their understanding of the day s content. (This could be completed as homework.) 6. Distribute the Handout: Anatomy of the Constitution. Using a copy of the Constitution (often found in the textbook), students walk through the Constitution. 7. Students work through the handout, completing work for homework if needed. Stress that: The work is due at the beginning of class the next class day. The information on the worksheet will be examined further in Day 2 when we study the separation of powers and checks and balances. ENGAGE Separation of Powers and Checks and Balances 1. Review the learning from Day 1 and the homework assignment on the Handout: Anatomy of the Constitution by asking questions such as: In your homework assignment, you learned that the Constitution establishes a framework for government. Part of that framework involves setting up three distinct branches of government. What are those three branches? (legislative, executive, judicial) What article of the Constitution is devoted to each branch? (Art. I = leg.; Art. II = exec.; Art. III = jud.) Why did the Founding Fathers list the legislative branch first in the Constitution? (it makes the laws, and that must be done first; it also was the branch closest to the people, being chosen most directly by them.) Suggested Day 2 5 minutes TEKS: G.7A, G.7D, G.8E Purpose: Students understand how separation of power and checks and balances limit the role of government. EXPLORE Separation of Powers and Checks and Balances 1. Say: Today we will explore the main duties of each branch of government and how the Founders set up a system of checks that each branch had on the others to keep any one branch from becoming too powerful. 2. Distribute copies of the Handout: Separation of Powers & Checks and Balances Chart. (See Notes for Teacher) 3. Project a copy of the Handout: Separation of Powers & Checks and Balances Chart on the overhead projector or document camera. 4. To check student understanding of the materials, elicit student responses to questions such as: Suggested Day 2 (cont d) 5 minutes Attachments: Handout: Separation of Powers & Checks and Balances Chart (1 per student and one for display) Teacher Resource: Teacher Notes on Checks and Balances Instructional Note: The Handout: Separation of Powers & Checks and Balances Chart is one chart that may be used. Most government textbooks contain a similar chart; the textbook charts may be structured differently, so take care when choosing which chart to use to avoid confusing students. Who is in each branch? (Congress [House of Representatives and Senate], President [and Cabinet Departments], Supreme Court [and other federal courts]) Last Updated 04/18/13 page 6 of 46

7 Which branch makes or passes laws? (legislative) Applies the laws/carries them out? (executive) Interprets the laws? (judicial) United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 5. Facilitate a discussion on the checks that each branch has on the other two. See the Teacher Resource: Teacher Notes on Checks and Balances for points to include in the discussion. EXPLAIN Separation of Powers and Checks and Balances 1. Distribute a copy of the Handout: Worksheet on Checks and Balances to each student. 2. Review the directions and complete the first two questions as examples: Can the President veto the law? Can Congress impeach the judge? 3. Students use the remainder of class time to work on the assignment and complete it for homework. Suggested Day 2 (cont d) 15 minutes Attachments: Handout: Worksheet on Checks and Balances (1 per student) Instructional Notes: This assignment can be used as a formative assessment. Depending on student needs, small groups can work together to discuss ideas with each student completing the chart individually. EXPLORE Claim Your Powers 1. Write the words Claim Your Powers on the board. 2. Say: Today you are going to have the privilege of being members of one of the three branches of government. 3. Divide the class into six groups (classes smaller than 18 in size may be divided into only three groups). Designate two groups to be legislative branches, two groups to be executive branches, and two groups to be judicial branches (if using only three groups, have one group for each branch). 4. Provide each group with two signs: CLAIM and DO NOT CLAIM. Students will also need to refer to the Constitution. 5. Students form circles with their desks so that all members of a group can see and hear each other. 6. Explain that students are going to play a game called Claim Your Powers in which you will read a series of situations, each involving a power belonging to one or more branches of government. In some instances, a branch may have sole power over the situation; in others, the power may be shared. Emphasize that this game requires listening skills. 7. Assure students that this activity will not be graded; it will help both the teacher and students measure students understanding of the concepts of separation of power and checks and balances as outlined in the Constitution. 8. Play the game, Claim Your Powers. For directions, see below and the attached Teacher Resource: Claim Your Powers: Rules of the Game. Read one situation from the Teacher Resource: Claim Your Powers Situations (including KEY). Re-read the situation once again if requested by one or more of the groups. After each situation is read, groups have one minute to discuss the situation and decide if the power described belongs to their branch. They Suggested Day 3 40 minutes Materials: Student Resource: copy of the U.S. Constitution (see Advanced Preparation) Student Resource: CLAIM and DO NOT CLAIM signs (see Advanced Preparation) Copies of the Constitution Prizes as allowed by district policy Attachments: Teacher Resource: Claim Your Powers: Rules of the Game Teacher Resource: Claim Your Powers Situations (including KEY) TEKS: G.7A, G.7D, G.8E Purpose: Students will work cooperatively in groups to assess whether a particular branch of government has power over a situation, identifying the part of the Constitution which supports the power. Instructional Note: Questions related to this section of the lesson include: The Constitution is founded on several principles: popular sovereignty, separation of powers, checks and balances, federalism, and limited government. What does the phrase We, the People mean in the Preamble? How does it limit government in the United States? - How do the people, through republicanism, express political authority, acknowledge their responsibility, and guarantee their rights? - What are the three branches of government established by the Constitution, who is in each branch, and what power over laws does each Last Updated 04/18/13 page 7 of 46

8 then must find the part of the Constitution granting the power. To help students find the answers, ask them to recall which articles of the Constitution relate particularly to which branch (Article I = legislative, Article II = executive, Article III = judicial). Sometimes, however, an article relating primarily to one branch will mention another branch as having a check on that branch, so they need to assign one or two people in their group to look over the articles concentrating on the other two branches. At the end of one minute, ring a bell or other signal to end the round. Groups hold up a sign, either CLAIM if the power belongs to their branch, or DO NOT CLAIM if it is not their power. Every group must hold up a sign. Caution groups not to hold them up early to avoid giving hints to other groups. Failure to hold up a sign will result in a lost point. Groups claiming the power must explain why and identify the reason in the Constitution to justify the claim. If using 2 groups for each branch, alternate which group explains first. Do not let the second group give as their reason, the same reason they gave. Make them state a reason. branch possess? - How are powers divided between the national government and the state governments according to the principle of federalism? - What powers are denied to each level of government in our federal system? - How do the principles of separation of powers, checks and balances, and federalism reflect the idea of limited government? - Why did the Founders create a federal system of government rather than a unitary system? - Why did the Founders create a presidential system of government rather than a parliamentary one? Instructional Note The Day 3 activity was developed by consultants to the Office of Law Related Education, State Bar of Texas. Used with permission. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days Award points to groups giving correct answers, but keep the score on a sheet visible only to yourself. Making it visible may give a hint as to whether a group is due a one-point or two-point question. A correct claim and corresponding reason will earn a group two points. If no reason is stated for the claim, or an incorrect reason is given, one point will be deducted from that group s score. If a group holds up the DO NOT CLAIM sign, they do not have to explain their decision, because the power is simply not theirs. A correct no claim answer earns the group one point. If a group incorrectly claims a power that is not theirs or doesn t claim a power when they should, one point will be deducted from their score. Continue through the list of situations as time allows. When 15 minutes remain in the class period, double check to be sure you have asked the same number of one and two point questions of each group. If you complete the list in order, you will have done this. At the end of the game, each group will have been given the same number of one and two point questions, so every group could be tied for the lead. 9. Stop the game with about 10 minutes remaining in class to allow time to explain the homework assignment. EXPLAIN Claim Your Powers 1. Facilitate a discussion where students relate their learning to the Key Understanding. The written constitution of a democratic society defines the purpose, principles, roles, and powers of the government and provides a mechanism for change. - What are the purpose, principles, roles, and powers of the government? 2. For homework, assign students the following: Suggested Day 3 (cont d) 10 minutes Instructional Notes: Alternate Homework Assignment: Students may create a cartoon depicting the balance of power among the three branches as they see it today. The cartoon should include a symbol for each branch and some way to indicate to those viewing the cartoon which branch is the post powerful. Which of the three branches of government do you believe is the most powerful today? Write a paragraph explaining your answer, giving at least three examples of power from the Constitution to support your conclusion. If your conclusion is that all three have balanced Last Updated 04/18/13 page 8 of 46

9 power, you must also support that with three examples from the Constitution. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days ENGAGE Federalism 1. Write the following list on the board: Got up, took a shower, and dressed Ate breakfast of cereal and milk Drove to school Attended my classes at school Ate lunch in the school cafeteria Went to my job Did my homework, listened to music Suggested Day 4 10 minutes TEKS: G.9A, G.9B, G.9C, G.9D, G.12B Purpose: Students will understand why the Founding Fathers created a federal system of sharing the powers of government, analyze the powers given to the national and state governments under federalism, and demonstrate knowledge of federalism by classifying which level of government would have power over a given situation. 2. Say: These seven things were on the Facebook page of my favorite nephew when I checked it late last night. He had one more entry on his page: Thank goodness the government wasn t involved in my life today. 3. Ask: Was he correct in making that statement? 4. Students briefly discuss and offer responses. 5. Ask students to identify ways the government influenced each of the nephew s activities, as well as what level of government was involved. Answers might include: regulations on water quality (state), ownership of utilities (local), and dressing to fit a school s dress code (local school board) standards for food processing (national) various laws on traffic safety license, inspection, insurance, speed limits, etc. most state and local state and local school board course requirements and teacher certification state, local, and national laws govern school lunches what is served, how much, national subsidies for products, free or reduced-cost lunches state, local, and national laws on working conditions, food safety regulations, national minimum wage laws and work-hour regulations regulation on lyrics, etc. by the national government 6. Say: The division of powers between the national and state government is called FEDERALISM. Today s lesson will explore how powers are divided and sometimes shared between the two levels of government. 7. Say: The Founding Fathers had a problem when they set out to create the new government: how to convince the 13 very independent states to give up some of their powers to the newly created central government. 8. Say: The first government created after winning independence from Last Updated 04/18/13 page 9 of 46

10 Great Britain was a CONFEDERATION. What do you recall about the government set up by the Articles of Confederation? United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 9. Say: The Founding Fathers knew the states would never surrender all of their powers to a national government. Such a government is called a UNITARY GOVERNMENT. In such a system, the central government holds all the power. 10. Say: At this time in history, the only two ways of organizing power in a government were either a confederate system or a unitary system, and neither was going to work in the United States. They had to come up with a new system, and that new system was called FEDERALISM. It represented a new idea: a system of sharing power between the national and state governments. Today we will explore how this approach to power-sharing works in our country. EXPLORE Federalism 1. Distribute copies of the Handout: Examples of How the Constitution Divides Powers. 2. Explain that the chart shows how power is distributed and limited under the concept of federalism. 3. Go over the titles of the top three columns on the chart, asking students to respond with their definitions to exclusive, reserved, and concurrent powers. (exclusive belong only to national government; reserved are saved for the states; concurrent belong to both levels of government) (NOTE: The power to tax income is a concurrent power, but Texas, joined by Alaska, Florida, Nevada, South Dakota, Washington, and Wyoming chooses not to do so.) 4. Have students open their textbooks to a copy of the Constitution, Article I, Section 8 and examine the list of powers given to the national government (Congress). Note where these powers are reflected on the chart. 5. Ask: Why does the national government need to be the one that exercises these powers? Suggested Day 4 (cont d) 30 minutes Attachments: Handout: Examples of How the Constitution Divides Powers (1 per student) Handout: Vocabulary Associated with Federalism (teachers may use the vocabulary list as a reference or copy and distribute to each student.) Instructional Note: Handout: Vocabulary Associated with Federalism may be used as a reference by the teacher, or may be copied and distributed to each student. Words may be added to the handout depending on classroom resources used. 6. Call special attention to Clause 18 of Article I, Section 8- the Elastic Clause. 7. Explain how this part of the Constitution gives Congress power to pass the laws it needs to carry out the powers listed above it. Ask them who would determine whether a law was proper besides Congress. (President when he signed the law; Courts could interpret it if a lawsuit were filed.) 8. Students find the Tenth Amendment to the Constitution. Ask for a volunteer to read it aloud. 9. Ask students to briefly discuss with a partner and interpret what is being said about power in the amendment. 10. Say: This is the reserved powers amendment, added to assure states that they would retain local control over most aspects of people s lives. There is no list of these powers it is simply what is left over after the national government exercises its powers, as long as some part of the Constitution does not deny the power to the states. Last Updated 04/18/13 page 10 of 46

11 United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 11. Have students examine the last clause of the Fifth Amendment, which reads, nor shall private property be taken for public use without just compensation. 12. Say: This is called the Takings Clause and allows the government to acquire private property for uses such as highways, schools, and other government projects, as long as it pays the owner a fair price for the property. This is called the right of eminent domain in the United States. It is controversial and recent court cases have debated the terms public use and just compensation. 13. Have students (individually, in pairs, or in small groups) examine the denied powers listed on the Handout: Vocabulary Associated with Federalism and define the terms: import export titles of nobility poll tax bills of attainder ex post facto laws writ of habeas corpus EXPLAIN Federalism 1. Distribute a copy of the Handout: State or Federal Control to each student. 2. Say: Now you will have an opportunity to apply your new-found knowledge of federalism to a series of issues about which a citizen might want to contact some level of government. Suggested Day 4 10 minutes Attachments: Handout: State or Federal Control (1 per student) Instructional Note: This could be used as a formative assessment. 3. Go over the directions with the students. Complete answers to the first three situations with the students as examples. (1 = national, 2 = denied, 3 = state) 4. Students complete the worksheet on their own for homework. ENGAGE Comparing Two Governmental Systems 1. Say: Today we are going to review the features of the system of government created in the Constitution and compare those features to another system of government. 2. Ask students to brainstorm features of the government created by the Constitution. If needed, get them started by asking such questions as: How is power divided in our government? Who makes the laws in our government? How is the chief executive chosen in our government? Who is the head of state in our government? Suggested Day 5 10 minutes TEKS: G.7A, G.7C; G.12B, G.12C Purpose: Students compare key features of the U.S. government with the British government; evaluate features of both the U.S. and British governments for their effectiveness; understand the advantages and disadvantages of a presidential system and a parliamentary system of government; and understand the advantages and disadvantages of a federal system and a unitary system of government. Instructional Note Day 5 activity was developed by consultants to the Office of Law Related Education, State Bar of Texas. Used with permission EXPLORE Federalism Suggested Day 5 (cont d) 30 minutes 1. Divide the class into small groups. Attachments Last Updated 04/18/13 page 11 of 46

12 2. Give each group a card set from the Handout: Comparing Two Governmental Systems Cards (copied and cut apart into cards). Either secure the cards with rubber bands or place each set in a separate envelope. 3. Explain that the envelope contains cards that represent characteristics of either the United States government or another system of government. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days Handout: Comparing Two Governmental Systems Cards (1 set for every 3 students, cut apart into cards) Teacher Resource: Comparing Two Governmental Systems KEY 4. Each group reads the cards and separates them into one pile that describes features of the United States government and one pile that represents features of another system of government. 5. Circulate and check each group s division of the cards. 6. Each group then matches the feature of the U.S. government with the feature of the other system of government. (Example: if the U.S. government card is describing the structure of Congress, the students should look for the matching card that describes the structure of the other government s legislative body.) 7. Groups finish play with cards matching the 7 categories of constitution, chief executive, legislative power, cabinet, head of state, elections to the legislature, and division of power within the country. 8. Check to see that each group has paired the cards correctly. 9. In review of the information gained in the activity above, say: The features of the other system of government are those of the government of the United Kingdom of Great Britain and Northern Ireland, or as it is commonly called, the British government. The British system of government is called a parliamentary system; ours is called a presidential system. 10. Ask: What principle of our government is not present in the way the British select their chief executive and their cabinet? (separation of powers) Without separation of powers in the British government, what check exists on the power of Parliament (the legislative branch) and the Prime Minister (chief executive)? (They retain control as long as they command a majority in the legislative house.) Because of the way power is centralized in the national government in the British government, the government is referred to as a unitary government; our system of shared power is called a federal system. Why would a unitary system of government be less likely to work in the United States than in Britain? (large geographic area in the US; diverse needs of various regions within the country; the country was founded from states that were used to being independent under the Articles of Confederation.) EXPLAIN Federalism Suggested Day 5 (cont d) 10 minutes 1. Small groups discuss the learning in the Explore section above by considering the following questions and reporting back to the class in a debriefing discussion, defending their answer for each: Which feature(s) of the British government would you like to possibly see in the United States? Which feature(s) of the British government do you feel would not be effective in the United States? Why do you think each country selected these features for their democratic government? Last Updated 04/18/13 page 12 of 46

13 United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 2. Extend the class discussion of each group s answers to the questions, by asking questions including: Why did the Founding Fathers create a federal system of government rather than a unitary system? Why did the Founding Fathers create a presidential system of government rather than a parliamentary one? ENGAGE Amending the Constitution 1. Students review their learning about the amendments to the Constitution. Include the following key information: The number of times our Constitution has been formally amended (27 times) The first ten amendments, the Bill of Rights, were all added by the first Congress and ratified in 1791 (in response to a demand by many people for a guarantee of rights in the Constitution). The Eighteenth Amendment established Prohibition and the Twenty-First Amendment removed it. Suggested Day 6 5 minutes TEKS: G.8E Purpose: Students explain the procedure for amending the Constitution and identify issues involving recently proposed amendments. EXPLORE Amending the Constitution 1. In preparation for participating in a convention to consider proposed changes to our constitution, facilitate a discussion of the procedure for amending the Constitution. 2. Distribute the Handout: Methods of Amending the Constitution to individuals or pairs. Note that most textbooks usually include a similar chart. If desired, use that chart instead. 3. Student pairs or small groups access appropriate sections of the textbook to gather new information and participate in a classroom discussion by looking for information, discussing it as a pair, and then contributing to the class discussion. 4. In the a facilitated discussion, include discussion of the following: Review of the diagram on the Handout: Methods of Amending the Constitution. Point out that all amendments that have been added to the Constitution so far have been proposed by 2/3 vote of each house of Congress. The other method to propose an amendment, by National Convention, has never been used. It would require 34 states to petition Congress for a convention. Ask students: Think of an example of an amendment desired by the people, but that Congress might not want to propose. Explain that: Either method to ratify an amendment needs the approval of at least 38 states. When Congress proposes an amendment, the method by which it is to be ratified is included in the proposal. Also included is a time limit for ratification, customarily set at seven years. The only amendment not ratified by the state legislature method is the Twenty-First Amendment, which ended Prohibition. It was ratified by conventions in each state. Suggested Days minutes Materials: butcher paper markers Attachments: TEKS: G.8E Purpose: Handout: Methods of Amending the Constitution (optional, 1 per student or pair) Teacher Resource: Teacher Notes on Amending the Constitution Handout: Proposed Constitutional Amendments (1 per student) Handout: Constitutional Convention (1 per student) The students will present arguments for and against contemporary proposals to amend the Constitution. Instructional Notes: It is not necessary to duplicate the Handout: Methods of Amending the Constitution chart for each student if the textbook contains a similar chart. A gavel for the President to use during the simulation lends a touch of authenticity, but is not essential. 5. Distribute copies of the Handout: Proposed Constitutional Amendments. 6. Review the topics of the amendments with the students, explaining vocabulary as needed. Tell students that these amendments have all been introduced in recent sessions of Congress. 7. Divide the class into five groups and assign each group one of the amendments. Last Updated 04/18/13 page 13 of 46

14 8. Students apply what they have learned to a new situation in a simulation during which the class acts as a constitutional convention to amend the Constitution. United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days 9. Distribute copies of the Handout: Constitutional Convention to each student, and butcher paper and a marker to each group. 10. Students follow the directions for Part One: Proposing an Amendment on the Handout: Constitutional Convention. 11. For the remainder of class on Day 6 and for homework, students to prepare arguments for their assigned amendment in preparation for the convention simulation to be held on Day Convene a Constitutional Convention, following instructions on Part Two: Agenda for the Convention of the Handout: Constitutional Convention. The President makes a closing statement, announcing which amendments have been approved to be sent to the states for ratification. The President calls for discussion of the proposal from other groups, followed by a vote on the proposal. A majority is needed to pass. This procedure is repeated for each of the other amendments to be proposed. Each group is allowed three minutes for its presentation. The President calls on one group to make a presentation on its proposal. Convention is called to order by the President (teacher), who makes an opening statement, on the reasons for calling the convention (to review proposals for amendment to the constitution). Allow a pre-convention time for reviewing arguments and lobbying with other groups. (5 minutes maximum) The Constitutional Convention is adjourned. EXPLAIN Amending the Constitution Suggested Day 7 (cont d) 10 minutes 1. Allow students to discuss their ideas and what they learned. 2. Facilitate a discussion to debrief the activity using the following suggested questions: Did the simulation help you understand the issues involved in the recently proposed constitutional amendment? What advantages do you believe exist in having these issues debated and voted upon in a convention, instead of Congress? What disadvantages might exist? Did other issues arise in your discussions beyond the proposed amendments? If so, what were they? Do you think that it is important to have the amendments ratified by the states? How does the amendment process demonstrate the principle of federalism? (proposed nationally and ratified by states) 3. Include the following questions as well: The Constitution is a living document, able to change with the times. - How are formal amendments to the Constitution proposed? - How are formal amendments to the Constitution ratified? - How has the Constitution been changed informally? ENGAGE Stirring Up the Bill of Rights 1. Students brainstorm the rights that are guaranteed in the Bill of Rights, the first ten amendments to the Constitution. 2. List responses on the board. Suggested Day 8 5 minutes TEKS: G.14A, G.14B Purpose: Students analyze the meaning of the rights guaranteed in the Bill of Rights and explain the significance of the rights Last Updated 04/18/13 page 14 of 46

15 United States Government Social Studies Unit: 01 Lesson: 02 Suggested Duration: 9 days guaranteed in the Bill of Rights to the lives of American citizens. Instructional Notes: The simulation activity was created for the Office of Law Related Education, State Bar of Texas. Used with permission. EXPLORE Stirring Up the Bill of Rights 1. Distribute to each student a copy of Handout: The Bill of Rights Simplified. 2. Students, individually or in pairs, quickly read through the handout, highlighting items they may not understand. 3. Display the Handout: The Bill of Rights Simplified. 4. Students open their textbooks to the Bill of Rights, keeping the simplified version on their desks as well. 5. While students access both the simplified version and the complete version, provide an overview of each amendment, clarifying any unfamiliar terms or misunderstandings and providing some background information. The Bill of Rights was added by the first Congress in response to fears held by many people that the new Constitution lacked defined limits on the national government. First Amendment We do not have a government-supported religion. (Note that the words separation of church and state do not appear anywhere in the Constitution, but come from the part of the First Amendment prohibiting the establishment of religion. ) First Amendment Speech has come to be understood as expression, protecting actions that are symbolic expressions, such as wearing a black armband to express sorrow. First Amendment Facilitate a brief discussion about the first amendment by asking them to speculate on the question, How has the definition of press has changed since the 1700s. Third Amendment Continue the discussion by asking students to recall learning about the Revolutionary War, Why was this provision added as a right? (England had forced colonists to house and feed soldiers). Fourth Amendment The amendment does not require a warrant for every search, only that searches have to be reasonable, based on probable cause. Most searches are done without warrants. (Note: Do not be drawn into a long discussion of searches; which will be covered in a later unit of study.) Fifth Amendment Begin discussion of this amendment by asking students to identify the term given to being tried twice (double jeopardy). Explain that this does not keep a person from, for instance, being tried for committing a second bank robbery if they have been found innocent of another bank robbery; it only keeps the Suggested Day 8 (cont d) 15 minutes Materials Copy of the Bill of Rights (often found in the textbook) Attachments: Handout: The Bill of Rights Simplified (1 per student and 1 for projection) Instructional Note: Questions related to this section of the lesson include: Through limited government and the rule of law, the Constitution guarantees individual rights. - What are the five rights guaranteed by the First Amendment to the Constitution? - What rights are guaranteed in Amendments Two through Eight? What is the meaning of the enumeration... of certain rights clause in the Ninth Amendment? Why was this amendment added to the Bill of Rights? What is the meaning of the reserved powers amendment Amendment 10? How has this given states more power? Why was it included in the Bill of Rights? Last Updated 04/18/13 page 15 of 46