2004 February Law Wise · have been impeached, with eight of them being removed from office. One...

IN THIS ISSUEConsent of the Governed ...............................1

The Federal Impeachment Process ................... 2

Political Accountability at the State Level ........ 3

Consent of the Governed Around the World .... 4

Terrific Technology for Teachers ...................... 5

Judge Pierron to Retire...................................6-7

Lesson Plan 1: Consent of the Governed ......... 8

Lesson Plan 2: Separation of Powers ............... 9

iCivics ...........................................................10

www.ksbar.org/lawwise

LAW WISEGreetings from the Kansas Bar Association (KBA).

Welcome to this fourth edition of Law Wise for the 2019-2020 school year.

Coordinators:Bethany J. Roberts, Chair, LRE Committee;Anne Woods, Public Services Director; Nicolas Shump, Law Wise Editor; & Patti Van Slyke, Journal Editor

FEBRUARY 2020 • ISSUE 4PUBLISHED BY

February 2020Black History Month http://bit.ly/aba-black-history-month

Date Event

Feb. 17 Presidents’ DayFeb. 29 KBA YLS High School Mock Trial Regional

Competition in Olathe & Wichita

Mar. 28 KBA YLS High School Mock Trial State Competition in Topeka

May 1 Law Day http://www.lawday.orgSee the Nov/Dec 2019 issue of Law Wise for resources https://www.ksbar.org/blog-post/936798/334124/Law-Wise-November-December-2019

One of the fundamental prin-ciples of American democracy and governance is the concept of the “consent of the governed.” Th om-as Jeff erson in the Declaration of Independence argued “Govern-ments are instituted among Men, deriving their just powers from the consent of the governed.” Jeff erson and his fellow colonists felt the British crown and government had violated their responsibility, which therefore allowed the Americans to declare their independence.

In so doing, Jeff erson followed the arguments made by John Locke in his Second Treatise of Government. In Chapter 8, “Of the Beginning of Political Societ-ies,” Locke wrote “And thus much may suffi ce to show, that as far as

we have any light from history, we have reason to conclude, that all peaceful beginnings of govern-ment have been laid in the consent of the people.” What both Locke and Jeff erson assert is that the so-cial contract that serves as the ba-sis of democratic or constitutional governments works as a reciprocal relationship between those who govern and we who are governed. Leaders do not have free rein to rule as they please, without ac-countability or repercussions.

Th is issue will explore the various mechanisms employed by govern-ment on national, state, and local levels, to provide checks and bal-ances on the powers of our leaders and to ensure the vital importance of the consent of the governed.

Consent of the Governed

Thomas Jefferson


2 LAW WISE | FEBRUARY 2020

The Federal Impeachment Process

While the recent im-peachment proceedings against President Don-ald Trump highlighted the process of pursu-ing the removal of the President from office, in reality, the occurrence of this process is rare. President Trump is only the third president in the history of the United States to have formal impeachment proceed-ings brought against him. President Andrew Johnson and President Bill Clinton preceded President Trump. Presi-dent Richard Nixon resigned from office before impeachment measures could be taken against him.

The impeachment process serves as a significant and visible example of the hallowed doctrine of the separation of pow-ers enshrined in the U.S. Constitution. Article II, Section 4, states, “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeach-ment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” If convicted, the official is re-moved from office and barred from holding other elected posi-tions too. Fines or prison sentences are left to the power of the civil and criminal courts.

Like many other legal precedents, impeachment emerged from English history. In 1376, Parliament used this power to remove some of the King’s ministers from office. In the U.S. context, in Federalist 65, Alexander Hamilton noted it in-volved “misconduct of public men, or in other words from the abuse or violation of some public trust.” As the founders tried to articulate the power dynamics among the various branches of government, disputes arose regarding the need for such a process. Rufus King of Massachusetts felt elections made im-peachment unnecessary. King claimed “he would periodically be tried for his behaviour by his electors.” His Massachusetts colleague Eldridge Gerry disagreed. “A good magistrate will not fear [impeachments]. A bad one ought to be kept in fear of them.”

Ultimately, the new Constitution did allow for removal from office by impeachment, though the exact standard for impeachment proved difficult to articulate. James Madison felt the term “maladministration” used by some state legislatures seemed vague. In addition to the specific crimes of bribery and treason, Virginia delegate George Mason substituted “high

crimes and misdemeanors.” This new standard has not necessarily improved the clarity of the threshold for impeachment over time.

The Judicial Committee in the U.S. House of Rep-resentatives has jurisdiction over impeachment. If the articles of impeachment are approved by the Judicial Committee, a majority vote in the House must agree to seek impeachment. The House appoints a group of managers to conduct the trial in the U.S. Senate.

According to Article 1, Section 2 of the Constitution, once the House of Representa-tives votes for impeachment, “the Senate shall have the sole Power to try all Impeachments…[but] no person shall be con-victed without the Concurrence of two-thirds of the Mem-bers present.” Alexander Hamilton, in Federalist 65, made the case for why the Senate was the appropriate legislative body to conduct impeachment trials. He wrote, “The Convention thought the Senate the most fit depository of this important trust. Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel confidence enough in its own situation, to preserve unawed and uninfluenced the necessary impartiality between an individual accused, and the representatives of the people, his accusers?” Similar to the ap-pointment of managers from the House of Representatives, in 1905, the Senate voted to appoint a committee of senators to essentially serve as the jury for the proceedings. However, it was decided that the third branch of government, represented by the Chief Justice of the Supreme Court, would preside over the proceedings.

Though there have been more than 60 impeachment pro-ceedings in the House of Representatives, less than a third of these proceedings have led to a trial. Fifteen federal judges have been impeached, with eight of them being removed from office. One senator and one cabinet secretary have been suc-cessfully impeached. No President has ever been convicted by the Senate. Since the impeachment trial of President Clinton, only two impeachment proceedings of federal judges have oc-curred. One judge resigned and the other was convicted and removed from office. Though often not immune from parti-san politics, the ability to impeach federal officials remains an important element of political accountability for the United States.


FEBRUARY 2020 | LAW WISE 3

Political Accountability at the State Level

Nineteen states—including Kansas—allow for recall elec-tions of elected officials. Recall refers to the removal from of-fice of an elected official before the end of the tenure of the of-ficial. The National Conference of State Legislatures (NCSL) estimates that 75 percent of recall elections occur with city councils or local school boards. In the last five years, several

other states considered some form of recall, although none of these measures passed.

Within the state of Kansas, impeachment is one mechanism for removing state officials including the governor, judges and legislators. Article 4, Section 3, of the Kansas Constitution states, “All elected public officials in the state, except judicial officers, shall be subject to recall by voters of the state or politi-cal subdivision from which elected. Procedures and grounds for recall shall be prescribed by law.” Kansas Statute 25-4302 provides further elaboration. “Grounds for recall are convic-tion of a felony, misconduct in office or failure to perform du-ties prescribed by law.”

Application to recall an elected official is submitted to the Kansas Secretary of State with a $100 deposit. The statutes limit the time during which a recall can be processed. “No ap-plication for the recall of a state officer may be filed during the first 120 days or the last 200 days of the term of office of such officer.” Additionally, according to the NCSL, the application for recall must collect 40 percent of the number of votes cast for the office in the last election. There is a period of 90 days to collect those signatures.

These various procedures remain among the most direct methods with which citizens exercise their “consent of the governed.”

The Kansas Bar Association and the Young Lawyers Section wish the very best of luck to all students, volunteers and coaches

preparing for and participating in the 2020 KBA YLS Mock Trial regional competitions

on February 29th.



Consent of the Governed Around the World

While impeachment and recall remain the measures most familiar to American citizens, countries around the world have a variety of practices that hold their elected officials accountable to the consent of the gov-erned.

Research by Tom Ginsburg, Professor of Interna-tional Law at the University of Chicago, documents nearly 300 impeachment proposals in over 60 coun-tries for approximately 130 heads of state. In Decem-ber of 2019, citizens in the South American nation of Chile voted to impeach their president Sebastián Pi-ñera on the grounds he did not sufficiently guarantee the human rights of protesters.

Most nations of the world have some mechanism for removing their national leaders. According to The Economist, 94 percent of countries with presidential systems have mechanisms for impeachment or other measures to remove these leaders from office. In the

last 20 years, leaders in Brazil, Indonesia, Peru, the Philippines and South Korea have been impeached.

The standards for impeachment vary widely from country to country. Offenses like contempt of office or incompetence can trigger removal proceedings. In the African nation of Tanzania, the president can be removed if he has “conducted himself in a man-ner which lowers the esteem of the office of president”. Within parliamentary systems like the United King-dom, the Prime Minister can be removed through a vote of no-confidence. This happened most recently for Prime Minister Teresa May in January of 2019 when she survived this measure by a mere 19 votes. However, in June of 2019, May resigned from office.

With the trend of more nations adopting some form of democratic government, the occurrence of impeach-ments and other attempts to assert the consent of the governed are likely to continue.



TERRIFIC TECHNOLOGY FOR TEACHERS

Consent of the Governed?https://mises.org/library/consent-governedA consideration of this concept that ultimately argues against it and how it is practiced in most governments today.Constitution of the State of Kansashttps://www.kssos.org/other/pubs/KS_Constitution.pdfThe governing document for the State of Kansas which has its own mechanisms of removing public officials from office. Creating the Declaration of Independencehttps://www.loc.gov/exhibits/creating-the-united-states/interactives/declaration-of-independence/consent/documents.htmlAn excellent resource from the Library of Congress which has visual representations and links to earlier documents that influ-enced Thomas Jefferson and other founders who shaped our new system of government. The Declaration of Independence Texthttps://billofrightsinstitute.org/founding-documents/declaration-of-independence/A website with the Declaration text and other helpful resources from the Bill of Rights Institute.How Impeachment Works Outside Americahttps://www.economist.com/united-states/2019/12/16/how-impeachment-works-outside-americaAn informative article documenting the process for removing leaders from office outside of the United States. Impeachmenthttps://history.house.gov/Institution/Origins-Development/Impeachment/A view of the impeachment process from the perspective of the House of Representatives. Interactive Constitutionhttps://constitutioncenter.org/interactive-constitutionAn invaluable website provided by the National Constitution Center. This website allows visitors to interact with the Constitu-tion. It provides historical context for the Constitution and amendments. Additionally, on particular controversial topics it has debates considering opposing sides on these issues. There is a section for educators too.Methods of Judicial Selectionhttp://www.judicialselection.com/judicial_selection/methods/removal_of_judges.cfm?stateA compilation of the various methods through which judges may be removed in the various states. Recall of State Officialshttps://www.ncsl.org/research/elections-and-campaigns/recall-of-state-officials.aspxA useful clearinghouse of information on the various processes for recall of state officials in the nineteen states (including Kan-sas) which allow recall elections. Provided by the National Conference of State Legislatures. The Senate’s Impeachment Rolehttps://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htmAn explanation of the impeachment process from the perspective of the U.S. Senate.

Mock Trial Fundraising Thank YouThe 2020 KBA Young Lawyer Section High School Mock

Trial Competition is sponsored by a $1,000 donation from the Shook, Hardy, Bacon LLP Endowment Fund, an IOLTA grant from the Kansas Bar Foundation, and the following individuals and firms:

John Paul Washburn • Nathan Eberline • John Shoemaker • John (Nolan) McWilliams • Edward Larson • Hite Fanning

& Honeyman LLP • Hon. Carl W. Ossmann • Kim Farha • Coy Martin • Beth Sturm • Stacia Boden • Foulston

Siefkin LLP • Stevens & Brand LLP • Vince Cox • Simpson, Logback, Lynch, Norris P.A. • Scott Hill • Rick Davis

Thank you to all who sponsored, are volunteering or participating in this year’s competition!

A special thank you to KBA YLS mock trial attorney coordinators:

Stephen Netherton and Dana Pugh Tafreshi!

“I can personally attest to the tremendous ben-efits of promoting practical trial advocacy skills at the high school level. I am happy to help with the competition.”

Nolan McWilliamsAttorney-Advisor, U.S. Securities & Exchange Commission



TOPEKA —The longest-tenured judge to serve on the Kan-sas Court of Appeals will retire April 3.

Judge G. Joseph Pierron Jr., 72, joined the court in Decem-ber 1990. Since then, he has written 392 published opinions and heard thousands of appeals.

“A lot of cases are routine. Criminal cases might not be ex-citing, but they’re important to the people involved,” Pierron said. “You try to do your best on every case, and some are ter-rifically complex,” he added.

In 1977, the Court of Appeals had seven judges. That num-ber increased to 10 by the time Pierron was appointed. Today, there are 14 Court of Appeals judges.

Pierron said the Court of Appeals is able to process as many cases as it does because of help from nonjudicial staff—re-search attorneys and administrative assistants.

“We couldn’t get the job done without them,” he said.

The Court of Appeals hears all appeals from district courts in both civil and criminal cases, except those that may be ap-pealed directly to the Kansas Supreme Court. Most of the time, panels of three judges hear the appeals, and they travel across the state to do so.

Early on, Pierron said he encouraged his colleagues to talk to groups or students about the court system when they traveled to hold court.

“We were doing mainly lectures,” he said. “I remember we were at Lawrence High School early one day, and the kids were falling asleep. I thought, ‘We’ve got to get them involved,’ and I had them act as the judges and lawyers in a case. That woke them up.”

Then he thought a visual aid might help as well.

“I went to my youngest son, who had a large, stuffed dog, and I said, ‘I think I need Spike.’”

“Spike the Wonder Dog” has joined Pierron in most of the 400-some presentations he has made on the U.S. Constitution and the judiciary since 1996. Spike helps illustrate a case that involved a drug-sniffing dog and how the case worked its way through the appellate system.

Pierron shares two particular points with new judges joining the court: “We’re bound to do what the law requires even if we don’t like to do it. And don’t get behind; keep up.”

His advice to any judge “is that you not only do justice but give the appearance of it too. You need to look at the people in your court, show that you are interested, and ask questions that show you know what the case is about.”

He said he felt ready to do the job when he joined the Court of Appeals in 1990.

“I’d been a prosecutor 10 years and a trial judge for nine years, and I knew some of the judges on the appellate courts. I don’t think there was any advice I needed that I didn’t pick up immediately,” Pierron said.

But he recalls the first time the Court of Appeals overturned one of his trial court cases.

“I was so angry. I went to my mentor, a fellow district judge, and he listened and then said, ‘Do the best you can, and let the appellate court do its job.’ You learn not to take it personally,” he said.

Pierron was born in Kansas City, Kansas, and grew up in Olathe. He graduated from Olathe Senior High School in 1964 and Rockhurst College in Kansas City, Mo., in 1968. He earned a law degree from the University of Kansas School of Law in 1971.

He was a Johnson County district judge from 1982 to 1990 and a Johnson County prosecutor from 1971 to 1982.

Pierron and his wife, Diana Carlin Pierron, a retired uni-versity professor and administrator, live in Lawrence. He has three children—Sam, Abby, and Dan—with his first wife, Amy Dennis Pierron, who died in 2000. He and Diana enjoy traveling, and he likes to read to student and adult groups. He said he will continue to speak about the Constitution if there is interest.

“Will Spike retire and where will he go?” he wondered. “Maybe he could go on display here at the Judicial Center, or maybe the Kansas Bar Association would want him. Or maybe I’ll keep him.”

Appointment process

By law, the governor appoints judges to the Kansas Court of Appeals, subject to a majority confirmation by the Kansas Senate. The governor has 60 days from the date the position becomes vacant to make the appointment, although the ap-pointment process can begin immediately.

Once the appointment is made, the incumbent must stand for a retention vote in the first general election after serving one year in office. Once retained, the judge serves a four-year term.

A Court of Appeals judge must be at least 30 years old and have been a Kansas lawyer, judge, or full-time teacher at an accredited law school for at least 10 years.

Court of Appeals Judge G. Joseph Pierron Jr. to retire

Taken from the Jan. 6, 2020 news release from the Office of Judicial Administration in the Kansas Judicial Center, Topeka


FEBRUARY 2020 | LAW WISE 7FEBRUARY 2020

With warmest thanks and very best wishes

to Judge Pierron

on his April 3rd Retirement


"I was so angry. I went to my mentor, a fellow district judge, and he listened and then said, 'Dothe best you can, and let the appellate court do its job.' You learn not to take it personally," hesaid.

Pierron was born in Kansas City, Kansas, and grew up in Olathe. He graduated from OlatheSenior High School in 1964 and Rockhurst College in Kansas City, Mo., in 1968. He earned alaw degree from the University of Kansas School of Law in 1971.

He was a Johnson County district judge from 1982 to 1990 and a Johnson County prosecutorfrom 1971 to 1982.

Pierron and his wife, Diana Carlin Pierron, a retired university professor and administrator, live inLawrence. He has three children—Sam, Abby, and Dan—with his first wife, Amy Dennis Pierron,who died in 2000.

He and Diana enjoy traveling, and he likes to read to student and adult groups. He said he willcontinue to speak about the Constitution if there is interest.

"Will Spike retire and where will he go?" he wondered. "Maybe he could go on display here atthe Judicial Center, or maybe the Kansas Bar Association would want him. Or maybe I'll keephim."

Appointment process

By law, the governor appoints judges to the Kansas Court of Appeals, subject to a majorityconfirmation by the Kansas Senate. The governor has 60 days from the date the positionbecomes vacant to make the appointment, although the appointment process can beginimmediately.

Once the appointment is made, the incumbent must stand for a retention vote in the first generalelection after serving one year in office. Once retained, the judge serves a four-year term.

A Court of Appeals judge must be at least 30 years old and have been a Kansas lawyer, judge,or full-time teacher at an accredited law school for at least 10 years.

To be considered for this vacancy, contact:

Dawn KnudtsonGovernor’s Appointments [email protected]


"I was so angry. I went to my mentor, a fellow district judge, and he listened and then said, 'Dothe best you can, and let the appellate court do its job.' You learn not to take it personally," he

Pierron was born in Kansas City, Kansas, and grew up in Olathe. He graduated from OlatheSenior High School in 1964 and Rockhurst College in Kansas City, Mo., in 1968. He earned alaw degree from the University of Kansas School of Law in 1971.

He was a Johnson County district judge from 1982 to 1990 and a Johnson County prosecutorfrom 1971 to 1982.

Pierron and his wife, Diana Carlin Pierron, a retired university professor and administratorLawrence. He has three children—Sam, Abby, and Dan—with his first wife, Amy Dennis Pierron,who died in 2000.

He and Diana enjoy traveling, and he likes to read to student and adult groups. He said he willcontinue to speak about the Constitution if there is interest.

"Will Spike retire and where will he go?" he wondered. "Maybe he could go on display here atthe Judicial Center, or maybe the Kansas Bar Association would want him. Or maybe I'll keep

By law, the governor appoints judges to the Kansas Court of Appeals, subject to a majorityconfirmation by the Kansas Senate. The governor has 60 days from the date the positionbecomes vacant to make the appointment, although the appointment process can begin

Once the appointment is made, the incumbent must stand for a retention vote in the first generalelection after serving one year in office. Once retained, the judge serves a four-year term.

A Court of Appeals judge must be at least 30 years old and have been a Kansas lawyeror full-time teacher at an accredited law school for at least 10 years.

To be considered for this vacancy, contact:

Dawn KnudtsonGovernor’s Appointments Office

[email protected]@ks.gov

Judge G. Joseph Pierron Jr., 72, joined the court in December 1990. Since then, he has written392 published opinions and heard thousands of appeals.

"A lot of cases are routine. Criminal cases might not be exciting, but they're important to thepeople involved," Pierron said. "You try to do your best on every case, and some are terrificallycomplex," he added.

In 1977, the Court of Appeals had seven judges. That number increased to 10 by the timePierron was appointed. Today, there are 14 Court of Appeals judges.

Pierron said the Court of Appeals is able to process as many cases as it does because of helpfrom nonjudicial staff—research attorneys and administrative assistants.

"We couldn't get the job done without them," he said.

The Court of Appeals hears all appeals from district courts in both civil and criminal cases,except those that may be appealed directly to the Kansas Supreme Court. Most of the time,panels of three judges hear the appeals, and they travel across the state to do so.

Early on, Pierron said he encouraged his colleagues to talk to groups or students about the courtsystem when they traveled to hold court.

"We were doing mainly lectures," he said. "I remember we were at Lawrence High School earlyone day, and the kids were falling asleep. I thought, 'We've got to get them involved,' and I hadthem act as the judges and lawyers in a case. That woke them up."


"I went to my youngest son, who had a large, stuffed dog, and I said, 'I think I need Spike.'"

"Spike the Wonder Dog" has joined Pierron in most of the 400-some presentations he has madeon the U.S. Constitution and the judiciary since 1996. Spike helps illustrate a case that involveda drug-sniffing dog and how the case worked its way through the appellate system.

Pierron shares two particular points with new judges joining the court: "We're bound to do whatthe law requires even if we don't like to do it. And don't get behind; keep up."

His advice to any judge "is that you not only do justice but give the appearance of it too. Youneed to look at the people in your court, show that you are interested, and ask questions thatshow you know what the case is about."


"I'd been a prosecutor 10 years and a trial judge for nine years, and I knew some of the judgeson the appellate courts. I don't think there was any advice I needed that I didn't pick upimmediately," Pierron said.

www.ksbar.org/lawwisewww.ksbar.org/lawwise

Judge G. Joseph Pierron Jr., 72, joined the court in December 1990. Since then, he has written392 published opinions and heard thousands of appeals.

"A lot of cases are routine. Criminal cases might not be exciting, but they're important to thepeople involved," Pierron said. "You try to do your best on every case, and some are terrificallycomplex," he added.

In 1977, the Court of Appeals had seven judges. That number increased to 10 by the timePierron was appointed. Today, there are 14 Court of Appeals judges.

Pierron said the Court of Appeals is able to process as many cases as it does because of helpfrom nonjudicial staff—research attorneys and administrative assistants.

"We couldn't get the job done without them," he said.

The Court of Appeals hears all appeals from district courts in both civil and criminal cases,except those that may be appealed directly to the Kansas Supreme Court. Most of the time,panels of three judges hear the appeals, and they travel across the state to do so.

Early on, Pierron said he encouraged his colleagues to talk to groups or students about the courtsystem when they traveled to hold court.

"We were doing mainly lectures," he said. "I remember we were at Lawrence High School earlyone day, and the kids were falling asleep. I thought, 'We've got to get them involved,' and I hadthem act as the judges and lawyers in a case. That woke them up."


"I went to my youngest son, who had a large, stuffed dog, and I said, 'I think I need Spike.'"

"Spike the Wonder Dog" has joined Pierron in most of the 400-some presentations he has madeon the U.S. Constitution and the judiciary since 1996. Spike helps illustrate a case that involveda drug-sniffing dog and how the case worked its way through the appellate system.

Pierron shares two particular points with new judges joining the court: "We're bound to do whatthe law requires even if we don't like to do it. And don't get behind; keep up."

His advice to any judge "is that you not only do justice but give the appearance of it too. YouHis advice to any judge "is that you not only do justice but give the appearance of it too. YouHis advice to any judge "is that you not only do justice but give the appearance of it too. Yneed to look at the people in your court, show that you are interested, and ask questions thatshow you know what the case is about."


"I'd been a prosecutor 10 years and a trial judge for nine years, and I knew some of the judgeson the appellate courts. I don't think there was any advice I needed that I didn't pick upimmediately," Pierron said.

FOR IMMEDIATE RELEASEJanuary 6, 2020Contact:

Lisa TaylorPublic Information [email protected]

Judge G. Joseph Pierron Jr.

Court of Appeals Judge G. Joseph Pierron Jr. to retire

TOPEKA —The longest-tenured judge to serve on the Kansas Court of Appeals will retire April 3.

Judge Pierron and Spike the Wonderdog

making a presentation at the Lawrence

Rotary Club.

The KBA Law Related Education Committee would like to thank Judge Pierron for his dedication to the KBA and for his passion for law-related education. He has a passion for educating students about the U.S. Constitu-tion and developed the “You be the Judge” program (see the September 2015 issue of Law Wise https://www.ksbar.org/archive/lawwise/2015-09).

In the November/December 2017 issue of Law Wise, Nic Shump, Law Wise Editor, interviews Judge Pierron about his interest in becoming a judge and what he enjoys about being a judge. https://www.ksbar.org/archive/lawwise/2017-11

We wish you and your wonder dog, Spike, a wonderful retirement Judge Pierron!

https://www.ksbar.org/archive/lawwise/2015-09





Lesson Plan 1: Consent of the Governed

from sharemylesson.comGrades 6-12

Guiding Question—What are the democratic ideals for which people fight?

Overview—In this section, students will expand and personalize their understanding of civic engagement as they explore some of the causes that motivate people to take civic action like “consent of the governed.” Students will review core concepts of democracy and analyze various resources on how those concepts work in practice.

Student Learning Objectives—Students will be able to: • Define core concepts of democracy

• Explain how people’s actions make those concepts real

• Assess whether people all over the world share the same democratic ideals

• Describe what it might be like to lack fundamental democratic rights.

Activities—In the first activity, students review images and news stories related to “consent of the governed.”

• Have each group search for images and headlines related to the topic

• Students will need to be able to explain their decisions as to how each source relates to this concept.

• The following links are useful to find additional news stories:

o World Press www.worldpress.org Current stories from the world’s newspapers

o BBC www.bbc.co.uk A source for news stories from around the world

o Radio Free Asia www.rfa.org/english Current news from Asia

o Radio Free Europe/Radio Liberty www.rferl.org Current news from Europe

• Following the group analysis of the materials, bring the class back together. Have each small group report and explain its conclusions to the entire class. As the students report, record the concepts referenced and the resources in which they are represented.

• Organize students into small groups and explain that they will now explore the democratic concepts in more depth by hearing the firsthand perspectives of engaged citizens from around the world that relate to those concepts. https://youtu.be/jv1qv1Ub2to

• Give each group the listening guide, and select and assign the application questions you want the students to answer. file:///Users/Home/Downloads/Consent_of_the_Governed_Listening_Guide%20(1).pdf

• Lead a whole-class discussion that examines the exercise. Did students have any disagreement on how “consent of the governed” was represented in the resources provided?



Lesson Plan 2Separation of Powers and the Power Grab Game

from California on My HonorGrades 9–12

https://www.courts.ca.gov/documents/CVCS-Lesson3-Spears-all.pdf

Overview—Students should have learned why the United States of America in the early 1780’s needed to revise the current form of government. Familiarity with problems with the Articles of Confederation provides valuable context. The basis for our Constitution was to implement a new government with three equal branches that balance and check each other. This lesson will explore those checks and balances.

Guiding Questions— • Why did the founders of the Constitution want change to be hard in our democracy?

• Does social capital strengthen a republic?

• Even though there are three equal branches of our government defined by our constitution, do you believe that one has more power over the other two and why?

• Evaluate and explain what you believe the most important power each of the 3 branches of government pos-sess. Which branch has the single greatest power?

• Find a time in history in which the system of checks and balances was challenged the most. What was the result?

Learning Objectives— • Identify the three branches of American government.

• Describe the function of each branch of government.

• Explain how the “checks and balances” system functions to protect the individual citizen from illegal power-hungry politicians.

• Describe how each branch of government is “separate” in its powers to the other branches of government.

Activities—Your goal is to successfully check the powers of the other two branches of government.

• Role: You will be assigned to one of the 3 branches of government defined by the United States Constitution. The roles will be either a congress person, a member of the President’s Cabinet or a federal court judge.

• Audience: Your audience will be the other two branches of government.

• Situation: The year is 2025 and the United States Government has run rampant. The 3 branches of govern-ment have been trying to create and pass laws that go beyond their powers defined in the United States Constitution. A meeting has been called with representatives from each branch attending in order to check and balance the power once and for all. Situations that each branch has tried to pass will be brought to the table giving the other two branches the opportunity to check and stop that action from happening.

• Performance: Your performance will take place in a secluded and secret meeting location, allowing you the opportunity to speak freely and voice your power over the other two branches.

• Standards for Success Armed with your copy of the constitution and your own knowledge of the power of your branch, you will race against the other branches to locate where a breach in the constitution has oc-curred by another branch. If you successfully check the other branch, points will be award to you.

• The group with the most points will be declared the winner.

• Once the game is over each group will be given five minutes to prepare a three-minute argument explaining why they believe their branch in reality is the most powerful branch of our government, as well as addressing the essential questions of the lesson.

https://www.courts.ca.gov/documents/CVCS-Lesson3-Spears-all.pdf



About the Law Wise Editor:

Nicolas Shump teaches courses in Creative Writing, Film, and Advanced Placement (AP) courses in Comparative Governmentand Politics, European History, Psychology, and U.S. Government and Politics for the Hybrid Learning Consortium (HLC) at The Barstow School in Kansas City, MO. He also teaches Discourse 100 and 200 at

the University of Missouri-Kansas City (UMKC) where he is an MFA Student in the Creative Nonfi ction Program. He is a columnist for the Topeka Capital-Journal, Gatehouse Kansas publications and a Talk About Literature in Kansas (TALK) discussion leader for Humanities Kansas.

He can be reached at [email protected]

Is Law Wise Helpful to You?We are always open to receiving

comments, ideas and suggestions. Please reply to [email protected] .

Please let us know: • Topics you would like to explore; • Projects and lessons you have developed that you would

like us to feature; • Questions you would like to ask an attorney or judge.

We look forward to hearing from you.

The Kansas Bar Foundation, with Interest on Lawyers’ Trust Accounts (IOLTA) funding, provides support for this publication. Law Wiseprovides general information about law-related matters of interest to teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal advice. For further information about any projects or articles, contact Anne Woods, public services director, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806, during the school year.

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Visit www.ksbar.org/lawwise to see archived issues, frequently asked questions, and to receive six issues a year via email.

iCivics Resources for Getting Involved & Taking Action

www.icivics.orgThis site provides teachers with free resources that improve students’ civic knowledge, civic attitudes, and core literacy skills.

Fun Learning Opportunities

Do you know about the iCivics Influence Library?www.icivics.com

Th e Infl uence Library is a section devoted to the people, ideas, and events that infl uenced the development of America’s gov-ernment. Th ese mini lessons are designed for students to complete independently. Teachers can download the Infl uence Library Teacher’s Guide to learn more about the library and how to use the mini lessons in the classroom.

� e KBA also has resources for teachers. Visit: https://www.ksbar.org/page/educator_resources

Topics in the library include:

Cradle of Democracy MontesquieuMachiavelli Founding MothersTh e Enlightenment Benjamin FranklinTh omas Hobbes Early RebellionsJohn Locke Federalists & Anti-Federalists

2004 February Law Wise · have been impeached, with eight of them being removed from office. One...

Documents

Transcript of 2004 February Law Wise · have been impeached, with eight of them being removed from office. One...