.Civics Learning Goals for the 3rd...

.Civics Learning Goals for the 3rd Quarter. C.3.8, C.3.9 – Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. Illustrate the lawmaking process at the local, state, and federal levels. - Examine the processes of the legislative, executive, and judicial branches of government. - Compare local, state, and federal lawmakers. - Distinguish among ordinances, statutes, and acts on the local, state, and federal levels. - Compare and contrast the lawmaking process at the local, state, and federal levels. C.3.4 – Identify the relationship and division of powers between the federal government and state governments. - Define the system of federalism. - Analyze how federalism limits government power. - Compare concurrent powers, enumerated powers, reserved powers, and delegated powers as

they relate to state and federal government. - Analyze the issues related to the Tenth Amendment of the U.S. Constitution. C.3.14 – Differentiate between local, state, and federal governments’ obligations and services. - Evaluate scenarios in order to determine which level of government provides specific services. - Classify government services according to level of government in order to evaluate the role

that each plays in their lives. - Compare the obligations/powers of governments at each level. - Compare the reserved, concurrent and expressed/enumerated powers of government. C.3.13 – Compare the constitutions of the United States and Florida. - Identify the purposes of a constitution. - Recognize the basic outline of the U.S. and Florida constitutions. - Compare the amendment process of the U.S. and Florida constitutions. - Recognize the U.S. Constitution as the supreme law of the land. C.3.5 – Explain the constitutional amendment process. - Recognize the methods used to propose and ratify amendments to the U.S. Constitution. - Identify the correct sequence of each amendment process. - Identify the importance of a formal amendment process. - Recognize the significance of the difficulty of formally amending the U.S. Constitution. C.3.7 – Analyze the impact of the 13th, 14th, 15th, 19th, 24th, and 26th amendments on participation of minority groups in the American political process. - Recognize the rights outlined in these amendments. - Evaluate the impact these amendments have had on various social movements. - Analyze historical scenarios to examine how these amendments have affected participation in

the political processes. - Recognize how the amendments were developed to address previous civil rights violations, C.3.10 – Identify sources and types (civil, criminal, constitutional, military) of law. - Use examples of historical law codes to identify how laws originated and developed in Western

society. - Recognize constitutional, statutory, case, and common law as sources of law. - Compare civil, criminal, constitutional, and/or military law.

C.3.11, C.2.6 – Diagram the levels, functions, and powers of courts at the state and federal levels. Simulate the trial process and the role of juries in the administration of justice. - Distinguish between the levels, functions, and powers of courts at the state and federal levels. - Recognize that the powers and jurisdiction of the state and federal courts are derived from

their respective constitutions. - Compare appellate and trial processes. - Examine the significance of the role of juries in the American legal system. C.2.5 – Distinguish how the Constitution safeguards and limits individual rights. - Recognize that rights are protected, but not unlimited. - Examine rationales for limited individual rights. - Use scenarios to examine the impact of limits on individual rights on social behavior. - Examine the role of the judicial branch of government in protecting individual rights. C.3.6 – Evaluate the constitutional rights and their impact on individuals and society. - Recognize how individual rights shape involvement in the social, political, and economic

systems. - Recognize how the social, political, and economic systems in the United States are dependent

upon individual rights. - Use scenarios to recognize and/or evaluate options for exercising constitutional rights. - Evaluate the impact of the government upholding and/or restricting individual constitutional

rights. C.3.12 – Analyze the significance and outcomes of landmark Supreme Court Cases. - Use primary sources to assess the significance of these U.S. Supreme Court cases. - Evaluate how these U.S. Supreme Court cases have had an impact on society. - Recognize and/or apply constitutional principles and/or rights in relation to the relevant U.S.

Supreme Court decisions. C.3.1 – Compare different forms of government (direct democracy, representative democracy, socialism, communism, monarchy, oligarchy, and autocracy). - Identify different forms of government based on its political philosophy or organizational

structure. - Analyze scenarios describing various forms of government. - Apply their understanding of the definitions of the various forms of government. C.3.2 – Compare parliamentary, federal, confederal, and unitary systems of government. - Define parliamentary, federal, confederal, and unitary systems of government. - Compare the organizational structures of systems of government. - Recognize examples of these systems of government. - Analyze scenarios describing various systems of government.

C.3.8, C.3.9 –

.Processes and Lawmaking – Federal Level. Overview In this lesson, students will learn about the specific processes for each branch of government and how laws are made at each level of government. Essential Questions What are the processes of the three branches? How are laws made at each level of government? Learning Goals / NGSSS Benchmarks SS.7.C.3.8 Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. SS.7.C.3.9 Illustrate the lawmaking process at the local, state, and federal levels. Learning Targets / Benchmark Clarifications - Examine the processes of the legislative, executive, and judicial branches of government. - Compare local, state, and federal lawmakers. - Distinguish among ordinances, statutes, and acts on the local, state, and federal levels. - Compare and contrast the lawmaking process at the local, state, and federal levels. The legislative branch includes the House of Representatives and the Senate. Together they are the lawmaking body of the United States called Congress. Article I of the Constitution discusses the powers and organization of Congress. The main job of Congressmen/Congresswomen is to make laws.

At the federal level, the process of how a bill becomes a law can be difficult. Each bill begins as an idea. An idea for a law can come from U.S. Representatives, Senators, the president, or even ordinary citizens.

An idea for a law is called a bill. Bills can be proposed in either chamber (house) of Congress (the House of Representatives or the Senate). Depending on which chamber of Congress proposes the bill, it will be sent to the appropriate committee that deals with the topic of the bill. That committee will do research on the bill. There are many committees in Congress, and every member of Congress serves on one or more committees.

After the committee does its research and discusses the bill, the committee decides if the bill should move to the next step in becoming a law. If the committee agrees to move the bill ahead, the bill moves to the full chamber of Congress where the bill was first introduced (either the House of Representatives or the Senate) so that it can be debated and then voted on. If that chamber of Congress votes for the bill (for example, the U.S. House of Representatives), the bill then moves to the other chamber of Congress (for example, the U.S. Senate) for more debate and discussion. Finally, the other chamber of Congress will vote on the bill. If members of that chamber vote for the bill, the president will then be asked to sign the bill and make it become a law.

If there are more than 10 days left in the congressional session, the president may take one of three actions: 1) The president may choose to sign the bill into law, 2) the president may choose to veto (reject) the bill, or 3) the president may choose to take no action on the bill. A bill becomes law if the president takes no action on the bill and there are at least 10 days left in the congressional session. When the president takes no action with fewer than 10 days left in the congressional session, this is called a pocket veto.

C.3.8, C.3.9 –

.How a Bill Becomes a Law – Federal Level.

1 2 3

4 5 6

7 8 9

10 Summary: Write the three ways a bill can become a law 1.

2.

3.

C.3.8, C.3.9 –

.Review Questions. Which action formally accuses a government official of “wrongdoing”? A. Filibuster B. Impeach C. Override D. Pardon 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The table below describes presidential vetoes. Based on the table, how has the legislative process been impacted by presidential vetoes? A. The presidents’ views are not reflected in public policy. B. The presidents’ views are reflected in public Policy. C. Congress represents the will of the people. D. Congress represents the will of the states. 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.4 –

.Federalism. Overview In this lesson, students will be introduced to the concept of federalism by reading text, examining the U.S. Constitution and applying their understanding to various examples and scenarios. Essential Questions What is federalism? How is power divided between the federal and state governments? Learning Goal / NGSSS Benchmark SS.7.C.3.4 Identify the relationship and division of powers between the federal government and state governments. Learning Targets / Benchmark Clarifications - Define the system of federalism. - Analyze how federalism limits government power. - Compare concurrent powers, enumerated powers, reserved powers, and delegated powers as

they relate to state and federal government. - Analyze the issues related to the Tenth Amendment of the U.S. Constitution.

Term Definition Visual Representation

Federal Government

The organization through which political authority is exercised at the national level, the government of the United States My country:

State Government

The organization through which political authority is exercised at the state level, the government of a specific state My state:

Local Government

The governing body of a municipality or county My county: My municipality:

C.3.4 –

Federalism is found in the U.S. Constitution. In the Constitution, there are powers specifically listed for the federal government and an amendment about state government powers. Powers set aside specifically for the federal government are called enumerated or delegated powers. Powers for each branch of the federal government are located in Articles I, II, and III. Powers for state governments are called reserved powers and are listed in the Tenth Amendment. Some powers belong to both the federal and state governments. These powers are called concurrent powers. Local governments get their powers from state constitutions. The Florida Constitution outlines the organization and powers of county and city governments. The powers of each level of government relates to the types of issues each level deals with. The federal government has the power to handle issues the entire nation is concerned about. The state governments have the power to handle issues that concern citizens of particular states. Similarly, local governments have the power to address issues that concern citizens in towns, cities and counties. Define federalism:

Power Definition Examples Enumerated (listed) or Delegated (given) Powers

Powers specifically listed in the U.S. Constitution for the federal (national) government only

1. To raise and support an army and navy

2. To coin money 3. To declare war 4. To conduct foreign policy 5. To regulate trade between states

and internationally Reserved Powers Powers that are given to the

states by the Tenth Amendment to the U.S. Constitution

1. To run elections 2. To set up and run schools 3. To establish local governments 4. To regulate business in the state

Concurrent Powers Powers shared by the federal (national) and state governments

1. To levy taxes (tax the people) 2. To establish courts 3. To borrow money

Local Government Powers

Powers given to towns, cities and counties by the Florida Constitution

1. To create speed limits 2. To protect citizens from crime 3. To provide services related to

garbage, sewage, fire protection, and traffic control

C.3.4 –

Before the U.S. Constitution, the United States had the Articles of Confederation and was organized with a confederal system. A confederal system is a system of government where power is held by independent states and there is little power in the federal (national) government. The U.S. Constitution was written because of concerns about the weaknesses of the Articles of Confederation. The federal government had very little power and the states acted as independent nations with too much power. Government power was unbalanced and there was no sense of national unity (togetherness). To solve these problems, the U.S. Constitution was written and the United States moved from a confederal system to a system of federalism. The Founding Fathers had a big goal. They needed to limit state power because states had too much power under the Articles of Confederation. They also needed to create a federal government with limited power. As a solution, the Founding Fathers created a system of federalism. This means that power is shared between the federal, state, and local governments. The federal government has its own powers, shares some powers with the states, and gives states some of their own powers. By dividing power between different levels, this limits the power of each level of government and one level of government cannot become too powerful. How does federalism limit government power? Highlight the relevant passages in the text that helped you answer this question.

.Who Has the Power?.

Decide which level or levels of government has the power to deal with each of the questions on the list and what type of power they have to deal with the issue. Write the level or levels (F, S, L) and their associated power (D, R, C, L) in the correct column.

Issue Level Power 1. Who is going to keep people safe from speeding cars (speed limits)?

2. Who is going to protect us from foreign invasion or threats? 3. There is a pothole in the street outside my house. Who should I talk to?

4. A group wants to establish a new city. Who should they talk to?

5. Who decides who might get married legally?

6. Who resolves conflicts between states? 7. My garbage hasn’t been picked up in two weeks, who do I talk to?

8. Who makes sure that the country’s economy is safe and stable?

9. My taxes keep going up! Who can I talk to about this?

10. Who is in charge of passing laws around here?

C.3.4 –

.Review Questions. Which is an example of a Tenth Amendment issue? A. State governments oversee public school B. State governments coin money C. National governments make treaties D. National governments declare war 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. Requiring children to be vaccinated before entering school is an example of which power? A. Concurrent B. Delegated C. Implied D. Reserved 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.8, C.3.9 –

.Processes And Lawmaking – State and Local.

.Who Represents Me?.

Fede

ral G

over

nmen

t

President

Describe the main responsibility of this position: U.S. Senate 1. 2. Responsibility:

U.S. House of Representatives Congressional District #_________ My Representative is:

Responsibility :

Sta

te G

over

nmen

t

Governor

Responsibility : Florida State Senate

Florida Senate District #__________ My Florida Senator is:

Responsibility : Florida House of Representatives Florida House District #______________

My Florida Representative is:

Responsibility :

C.3.8, C.3.9 –

County Governm

ent

The county I live in is: The county district I live in is: My representative from this district is: The county I live in has a: County Commission County Council Summary Sentence:

Municipal (City) Governm

ent

The municipality I live in is: My municipal government is called a: city town village The city I live in has a: City Council City Commission Mayor City Manager The district I live in is: Summary Sentence:

School Board

The school district I live in is: The school board district I live in is: The school board member for this district is: Summary Sentence:

Adapted from Who Represents Me? Webquest from iCivics: http://www.icivics.org/web-‐quests/who-‐represents-‐me

C.3.8, C.3.9 –

You’ve already learned about the United States Constitution. But did you know that states have constitutions too? Each state’s constitution is structured a little bit differently, but most of them are a lot like the U.S. Constitution. Typically, they divide the state government into three branches: legislative, executive, and judicial. In this lesson, you will examine the most common layout of state governments.

The State Legislative Branch

On the national level, the legislature is made up of the Senate and the House of Representatives. This is called a “bicameral” legislature because it has two houses (“bi” means two and “cameral” means chamber). Most states (but not all) also have a bicameral legislature with a Senate and a House of Representatives. The main job of these houses is to create laws for the state. State legislatures are also responsible for dividing the state into legislative districts. The people in each district elect representatives to serve in the U.S. Congress and the state legislatures.

The State Executive Branch

On the national level, the chief executive is called the president. On the state level, the chief executive is called the governor. The governor’s role is to make sure state laws are carried out. In order to do this, the governor gives executive orders to state government organizations, such as the attorney general’s office or the department of education. The governor has many other powers similar to the powers of the president. For example, governors can issue pardons and veto bills.

The State Judicial Branch

On the national level, the judicial branch is divided into many trial courts, fewer courts of appeals, and one Supreme Court. Most states also have this basic three-level system. Cases begin in the trial court. To fight a trial court’s ruling, people must take their case to the court of appeals. Finally, the state Supreme Court reviews the decisions made by lower courts, supervises the other courts, and interprets the state constitution as it applies to the law.

But state judicial branches have an extra level of courts the national judicial branch does not have—a level below the trial courts. These lower courts handle the thousands of “small” issues that come up every day, such as traffic tickets and minor crimes called misdemeanors. This lower level of courts is necessary to keep all these minor cases from clogging up the regular courts, where more difficult cases are heard.

Reading, p1

Name: The Great State

House of RepresentaƟves Senate

Bicameral Legislature

PARDON

Municipal, City, or Justice Courts

Superior Courts

Courts of Appeals

Supreme Court

C.3.8, C.3.9 –

Where Bills Come From

Who comes up with ideas for state laws? Only legislators may introduce a bill in either house, but their ideas come from lots of places. Some ideas come from the legislators themselves, from government agencies such as the state department of education, or even from the governor. Other ideas come from citizens who have an idea for a law that will benefit them and their community. But the majority of ideas come from interest groups. These are private groups that work to support special causes by trying to get laws passed that will help those causes. For example, there might be an interest group working to support disabled people or one that supports military veterans.

Passing a Bill

In states with a bicameral legislature, the process is very similar to that of the U.S. Congress. First, a legislator introduces a bill in the state House of Representatives. The bill then goes to a committee—a small group of legislators that study bills that relate to a certain topic. The bill might be assigned to a subcommittee—an even smaller group that focused on a narrower topic. The subcommittee will research and study the bill, revise it, and send it back to the committee. After the committee approves the bill, the entire House of Representatives votes on it. If the bill passes, it goes to the other house of the legislature and follows the same process. If it is passed by both houses, legislators come together in a conference committee (a committee that includes members of both houses) to work out the differences.

Reading, p2

Name: The Great State

From a Bill to a Law

Once the conference committee is done with their work and both houses have approved the final product, it heads to the governor. The governor has two options: sign the bill into law, or keep the bill from becoming law by exercising the power to veto!

Legislator

Legislature

Governor GGGGGGGGGGoooooovvvvvveeeeeeeeeeeeeeeerrrrrrrrrrrrrrrnnnnnoooooorrrrr

C.3.8, C.3.9 – Graphic Organizer, p2

Name: The Great State The Legislative Process It takes many steps to get from a bill introduced on the floor to the desk of the governor. Let’s pretend that a bill is going to start in the House of Representatives. Fill in the blanks to follow the bill all the way to the governor. (And remember the same process can happen when a bill is introduced in the Senate!)

House of Representatives

A _____________________ introduces a bill to the floor of the House of

Representatives.

The bill is sent to a ____________________________ to be

studied.

The committee sends the bill to a __________________________ for

further research and revision.

The ________________________ approves the revised bill.

The House votes to ___________________ the bill.

Senate

A _____________________ introduces a bill to the floor of the Senate.

The bill is sent to a ____________________________ to be

studied.

The committee sends the bill to a __________________________ for

further research.

The ________________________ approves the revised bill.

The Senate votes to ___________________ the bill.

Governor

After a bill is approved by BOTH houses, a _______________________________________ works out the

differences.

APPROVE? VETO?

C.3.8, C.3.9 –

.Making Laws in Florida’s Cities.

In Florida, a city is recognized with certain rights and privileges, the most important being home

rule. Home rule is self-government by citizens at the local level. Every city is governed or run by

a group of people who make and change laws. These people run the city because the people in

the city voted in an election to let them do so. The people elected to run the city are usually

called mayor, councilmember, or commissioner.

The Florida Constitution recognizes that cities may enact their own laws, known as ordinances

at the local level, as long as they do not conflict with state or federal law. In order to propose

and vote on ordinances, city councils and commissions create a meeting schedule. Most

councils or commissions meet monthly or bi-monthly. Although cities throughout Florida are

different, there are common procedures for proposing and passing ordinances, as outlined in

the Florida Statutes.

• Proposed ordinances must be presented to the council or commission in writing.

• A proposed ordinance can only be about one subject and that subject must be

clear in the title of the proposed ordinance.

• 10 days prior to a vote on a proposed ordinance, a notice must be posted in a

local newspaper that states the date, time, and place of the meeting at which the

proposed ordinance will be voted on, the title of the proposed ordinance, and a

place where citizens can view the full text of the proposed ordinance. This notice

must also let citizens know that any interested or concerned citizens will have an

opportunity to be heard during the meeting.

• During the meeting, only a majority of the city council or commission members

are required to be present. This majority represents a quorum. In order for an

ordinance to be passed, a majority of the quorum must vote in favor of it.

• Votes on the proposed ordinance are kept as official record.

• Any ordinance becomes effective as outlined in the proposal or 10 days after the

vote.

C.3.8, C.3.9 –

.Review Questions. What powers do the Florida governor and U.S. president have in common? A. Deliver State of the Union address, four-year term, Commander-in-Chief, grant pardons B. Six-year term, grant pardons, make treaties, Commander-in-Chief C. Grant pardons, veto, deliver State of the Union address, six-year term D. Veto, grant pardons, chief executive, four-year term 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The chart shows the structures of local, state, and national governments. Which choice best completes the last box in Row 1?

A. Chief Justice B. City Council C. Representative D. Senator 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.14 –

.Government Obligations and Services. Overview In this lesson, students will learn about the distribution of powers and obligations between the levels of government, compare and contrast the roles that these levels of government play in their lives, and understand how the U. S. Constitution is the basis for the obligations and powers of each level of government. Essential Questions What are the differences between local, state, and federal government obligations and services? Why do we have these differences in our form of government? Learning Goal / NGSSS Benchmark SS.7.C.3.14 Differentiate between local, state, and federal governments’ obligations and services. Learning Targets / Benchmark Clarifications - Evaluate scenarios in order to determine which level of government provides specific services. - Classify government services according to level of government in order to evaluate the role

that each plays in their lives. - Compare the obligations/powers of governments at each level. - Compare the reserved, concurrent and expressed/enumerated powers of government.

.Timeline of the Morning.

Fold a separate sheet of paper in half to form two columns. Title the left column “Morning activities” and record ten things you do in the morning before you come into the school building. Title the right column “Government involvement” and, using the website, record how the government is involved in regulating those activities. After you finish, respond to the prompts. What conclusion can you draw about government services based on your timeline?

Had you ever considered the government’s role in your daily activities? Why?

Do you think the government should have a role in the everyday tasks we complete?

C.3.14 –

Federal Powers

The Constitution assigns, or delegates, specific powers to the federal government. There are three types of delegated powers, and they are the only powers that the federal government holds. Expressed powers are listed clearly in the Constitution. They include the power to print money or declare war. Implied powers are not written out clearly in the Constitution. Instead, the Constitution gives the federal government the power to make laws that are “necessary and proper” for carrying out the expressed powers. For example, the Constitution expressly gives the federal government the power to establish post offices, but it does not expressly give the power to print postage stamps. Postage stamps are a “necessary and proper” part of running a post office, however, so the federal government has the power to print them. Finally, inherent powers are not listed in the Constitution but are necessary for the federal government to function. The Constitution doesn’t talk about immigration or international relations, but the government still has to act on these items. It is understood that the federal government must play a role in these areas.

Reading p.2

Name: On the Level

Expressed:

Take a look at the Constitution… it’s

there!

Implied:

Think about the Constitution… it’s

necessary and proper!

Inherent:

Consider what the Constitution was

trying to establish… it’s essential!

Counties in the state of Illinois

Powers Reserved to the States

Concurrent Powers

Powers Given by the Constitution

State Powers

The Constitution does not delegate any specific powers to the states. There is no list of “state powers.” Instead, any power the Constitution does not give to the federal government is reserved to the states. The Constitution does deny powers to the states, meaning there is a listing of things that they can’t do. This may sound like the states don’t have much power, but reserved powers are actually very broad. The Constitution says nothing about many important powers, such as public safety, health, education, licenses, and many other things! All of these powers are reserved to the states. Some state powers do overlap with the federal government, and these are called concurrent powers.

Local Powers

The Constitution says nothing about local governments. That’s because the principle of federalism created by the Constitution has only two levels: the national and the state level. The power to create local governments is a power reserved to the states. Local governments get their power from the state where they are located, and each state gives slightly different powers to its local governments. Counties, cities, towns, townships, boroughs, and parishes are all types of local government.

Usually, the state will make broad laws about things like public safety, health, and education. Then it gives local governments the power to make more detailed laws about these issues or to decide how these laws will be carried out.

C.3.14 –

.Federal, State, and Local Powers and Services. Federal government

Delegated powers

Expressed powers

Implies powers

Inherent powers

Summary of federal services

State government

Reserved powers

Summary of state services

Concurrent powers

Summary of federal and state services

Local government

Local powers

Summary of local services

C.3.14 –

Excerpts from Article I, Section 8 of the U.S. Constitution Directions: For each excerpt of Article I, Section 8, summarize the text in your own words.

What it says: What it means: SECTION. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To establish Post Offices and post Roads;

To constitute Tribunals inferior to the supreme Court;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

C.3.14 –

.Review Questions. Which level of government regulates drivers’ licenses? A. County B. Federal C. Local or municipal D. State 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. Which level of government provides the most services to citizens? A. Federal B. Local or municipal C. Federal D. State 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.13 –

.Comparing the U.S. and Florida Constitutions. Overview In this lesson, students will learn about the purposes of a constitution, the basic outline of both the U.S. and Florida constitutions, and the amendment process for both constitutions. Essential Questions How are the U.S. and Florida constitutions similar? How are they different? Learning Goal / NGSSS Benchmark SS.7.C.3.13 Compare the constitutions of the United States and Florida. Learning Targets / Benchmark Clarifications - Identify the purposes of a constitution. - Recognize the basic outline of the U.S. and Florida constitutions. - Compare the amendment process of the U.S. and Florida constitutions. - Recognize the U.S. Constitution as the supreme law of the land. An excerpt from Article IV of the U.S. Constitution: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Summarize this excerpt. What does it mean to be “supreme”? What is meant by “This Constitution… shall be the supreme Law of the Land”?

C.3.13 –

Comparative Constitutions Name:

Reading & Comparison Activity p.1

If You’ve Seen One . . .

. . . you have not seen them all! State constitutions usually have many things in common with the United States Constitution, but there are many differences too. The U.S. Constitution begins with a Preamble that introduces the Constitution and explains its purpose. The Florida Constitution, for example, also has a preamble.

Activity: Compare the Preamble of the U.S. Constitution with the Preamble of the Florida Constitution. Box the parts that are the same in both documents.

Government Rules!

Just as the U.S. Constitution gives the rules for how the U.S. government should run, state constitutions give rules for how a state government should run. Like the U.S. Constitution, state constitutions describe the branches of government that the state will have. Often these branches are very similar, but if you take a closer look you will find differences.

Activity: Compare how the government is set up in the U.S. Constitution with how the state government is set up by the Florida Constitution. This time, underline the parts that are different:

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Comparative Constitutions Name:

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Everybody’s Got Rights

State constitutions also contain many of the same rights and guarantees you see in the U.S. Constitution. The U.S. Constitution is the supreme law of the land and cannot be violated. That means state constitutions cannot give state citizens fewer rights than the U.S. Constitution gives. However, state constitutions can guarantee more rights than the U.S. Constitution does. For example, a state constitution might give more protection for a right that is also in the U.S. Constitution. A state constitution might also include additional rights that are not found in the U.S. Constitution. Finally, a state constitution might include rules about things that are unique to that state, such as how the state’s natural resources should be preserved.


ots

’s

C.3.13 –

Comparative Constitutions Activity: To see how a state constitution might offer similar yet different rights than the U.S. Constitution, compare the U.S. Constitution with parts of the Florida Constitution. Underline the main difference in Florida’s constitution (don’t get too nitpicky), then check the statement that best describes the difference.


EXPLAIN THE DIFFERENCE:

The right being discussed is equality before the ________.

Florida’s constitution gives � more protection � the same protection.

The U.S. Constitution talks about the right to ________, while the Florida constitution talks about ________ right.

The Florida constitution gives � more protection � the same protection.

Does the U.S. Constitution mention a minimum wage? �� Yes � No

The right being discussed is freedom of ____________ and of the _____________.

Both constitutions forbid passing ________ that limit these rights.

The Florida constitution says people can’t __________ these rights.

The right being discussed is the right to _______________.

Florida’s constitution allows the state to limit

� the right to bear arms. � how people bear arms.

Does the U.S. Constitution mention fishing nets? �� Yes � No

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Name:

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Continued from last page... Comparative Constitutions Name:

EXPLAIN THE DIFFERENCE:

The rights being discussed are due _______________, double _____________, and being a _____________ against yourself.

The Florida constitution gives � more protection � the same protection.

Both constitutions guarantee freedom from unreasonable ____________________ and ____________________.

The Florida constitution also guarantees freedom from unreasonable _____________ of private ________________.

The Florida constitution requires the state to maintain a system of _______________ ________________________.

Does the U.S. constitution mention schools or education?

�� Yes � No

The right being discussed is the freedom of____________.

Florida’s constitution says people cannot practice religion in a way that is � immoral � not peaceful � unsafe � all of the above

Does the U.S. constitution mention cleaning up pollution?

�� Yes � No

Does the U.S. constitution mention the Florida Everglades?

� Yes � No


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What does it take to amend the Florida Constitution?

In the spaces below, write a brief summary of each method, and draw an illustration that symbolizes each method.

Method Description Illustration

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.Review Questions. Which statement describes a similarity between the Florida Constitution and the U.S. Constitution? A. Neither protects individual rights B. Both include an amendment process C. Neither provides for a chief executive D. Both include a nine-member Supreme Court 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The headline describes an action take by citizens. What conclusion can be drawn from the headline?

A. Only elected officials may change constitutions B. Only elected officials make policy C. Citizens can be involved in policy making through their representatives D. Citizens can be directly involved in policy making 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion

C.3.5 –

.Amending the U.S. Constitution. Overview In this lesson, students will learn about amending the U.S. Constitution and ratifying proposed amendments, including the sequence and importance of the process. Essential Questions How can the United States Constitution be amended? Why is the amendment process difficult? Learning Goal / NGSSS Benchmark SS.7.C.3.5 Explain the constitutional amendment process. Learning Targets / Benchmark Clarifications - Recognize the methods used to propose and ratify amendments to the U.S. Constitution. - Identify the correct sequence of each amendment process. - Identify the importance of a formal amendment process. - Recognize the significance of the difficulty of formally amending the U.S. Constitution.

Political Cartoon

What do you see in this image?

What does it symbolize?

What is the overall message?

Video

What do you see in the video?

What does is symbolize?

What is the overall message?

C.3.5 –

.The Amendment Process.

Article V of the U.S. Constitution

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Source: http://www.usconstitution.net/const.html#Article4

One method of amending the Constitution is for 2/3 of each house to pass a proposed amendment and send it to the states’ legislatures. It takes 3/4 (38) states’ approval of the amendment in order for it to be added to the Constitution.

“We the People” do not directly vote on new amendments, and the President does not vote on or veto any amendment.

Another method for amending the Constitution is a Constitutional Convention to be called for by 2/3 (33) of the state legislatures. At such a convention, one or more amendments can be proposed and then sent to the state legislatures (or state conventions) for approval – again, 3/4 of the state legislatures must approve. (This method has not been used successfully).”

Source: http://const4kids.forums.commonground13.us/ as amended.

Complete the graphic organizer to show the two ways to amend the U.S. Constitution.

Method 1 Amendment is proposed

Method 2

Amendment is proposed

Who votes? Number required?




Amendment is ratified! This method has been used successfully _____ times.

Amendment is ratified! This method has

been used successfully _____ times.

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.Review Questions. Which government institution may vote on constitutional amendments? A. Bureaucracy B. Executive C. Judicial D. Legislative 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The newspaper headline describes an event in U.S. history. Based on the headline, what happened before the event presented in the image?

Source: Anti-Saloon League Museum

A. Two-thirds of each house of Congress voted to support the amendment B. The president rejected the amendment after Congress voted to support it C. Three-fourths of each house of Congress voted to support the amendment D. The president forwarded the amendment to the states after Congress voted to support it 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.7 –

.The Evolution of Voting Rights. Overview In this lesson, students will understand how civil rights have expanded over time and the impact the expansion has had on citizens. Essential Questions How have voting and civil rights expanded over time? What has been the impact of this expansion? Learning Goal / NGSSS Benchmark SS.7.C.3.7 Analyze the impact of the 13th, 14th, 15th, 19th, 24th, and 26th amendments on participation of minority groups in the American political process. Learning Targets / Benchmark Clarifications - Recognize the rights outlined in these amendments. - Evaluate the impact these amendments have had on various social movements. - Analyze historical scenarios to examine how these amendments have affected participation in

the political processes. - Recognize how the amendments were developed to address previous civil rights violations.

Who do you think this person represents? How do you know? Why do you think the artist included the seal at the top of the cartoon? What do you think is the overall message of this cartoon?

C.3.7 –

.Voting Rights Timeline.

Date Voting & Amendment Information Impact 1788 U.S. Constitution adopted. There is no agreement on a national

standard for voting rights; states are given the power to regulate their own voting laws. In most cases, voting remains in the hands of white male landowners.

1865 13th Amendment Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

1868 14th Amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws. In Section 2 a voter is defined as males, being at least twenty-one years of age, and a citizen of the United States.

1870 15th Amendment SECTION. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

1920 19th Amendment The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

The Equal Rights Amendment was introduced shortly after the passing of the 19th Amendment. Some believed that freedom from legal sex discrimination required an Equal Rights Amendment, however this proposed amendment has not been successfully ratified.

1924 Congress passes legislation that grants citizenship to all Native Americans born within the territorial limits of the country.

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1964

24th Amendment SECTION. 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Civil Rights Act of 1964 prohibited discrimination, or unfair treatment, of all kinds of people based on race, color, religion, or national origin. The act outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools. The law also provided the federal government with the powers to enforce desegregation. The Civil Rights Act of 1964 made it illegal to apply unequal voter registration requirements but did not get rid of literacy tests.

1965 The Voting Rights Act of 1965 banned race discrimination in voting practices by federal, state, and local governments.

1968 The Civil Rights Act of 1968, also known as the Fair Housing Act, prohibited discrimination related to the sale, rental and financing of housing based on race, religion, national origin and sex.

1971 26th Amendment SECTION. 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

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.Review Questions. How did the passage of the Voting Rights Act of 1965 impact political participation? A. All persons who passed a literacy test could now vote B. All children of foreign citizens could now vote C. All African-Americans could now vote D. All women could now vote 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The graph describes voter registration in Florida among black and white Americans. Based on the graph, what conclusions can be drawn about voter turnout in Florida since the Voting Rights Act of 1965 was passed?

A. Voter turnout among black Americans has decreased B. Voter turnout among white Americans has decreased C. Voter turnout among black Americans has increased D. Voter turnout among white Americans has increased 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.10 –

.Sources and Types of Law. Overview In this lesson, students will recognize and compare types of law and understand their sources. Essential Questions What are the sources and types of law? Learning Goal / NGSSS Benchmark SS.7.C.3.10 Identify sources and types (civil, criminal, constitutional, military) of law. Learning Targets / Benchmark Clarifications - Use examples of historical law codes to identify how laws originated and developed in Western

society. - Recognize constitutional, statutory, case, and common law as sources of law. - Compare civil, criminal, constitutional, and/or military law.

.Historical Sources.

Cod

e of

Ham

mur

abi

1. What is the Code of Hammurabi?

2. What is the connection between the Code of Hammurabi and the U.S. Constitution?

Mag

na C

arta

1. "No freeman shall be taken, imprisoned, … nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land."

2. "… to no one will We deny or delay, right or justice."

Summary statement:

C.3.10 –

C.3.10 –

.Review Questions. The table below lists examples of laws. Which list represents military law?

A. Category A B. Category B C. Category C D. Category D 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The passage below is from a U.S. Supreme Court opinion announcement. According to the passage, which action did the U.S. Supreme Court find constitutional? “In 1989 the court held in Stanford versus Kentucky that the Constitution allows states to impose the death penalty on an offender who is 16 or 17 years old when he committed the crime. In the interpretation of its terms we have established …the necessity of …standards of decency that mark the progress of a maturing society. Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who are under the age of 18 when their crimes were committed.”

Source: Roper v. Simmons (2005) A. The death penalty may be imposed only on adults B. The death penalty may be imposed only on juveniles C. The death penalty may be imposed on both adults and juveniles D. The death penalty may be imposed on neither adults nor juveniles 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.11/2.6 –

.Federal and State Courts. Overview In this lesson, students will learn about the levels, functions, and powers of the state and federal courts. Students will also understand how the trial process works and the role of juries. Essential Questions How are courts organized and structured at the federal and state levels? What is the trial process and what is the role of a jury? Learning Goals / NGSSS Benchmarks SS.7.C.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. SS.7.C.2.6 Simulate the trial process and the role of juries in the administration of justice. Learning Targets / Benchmark Clarifications - Distinguish between the levels, functions, and powers of courts at the state and federal levels. - Recognize that the powers and jurisdiction of the state and federal courts are derived from

their respective constitutions. - Compare appellate and trial processes. - Examine the significance of the role of juries in the American legal system.

ARTICLE III

SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Summarize this excerpt of the Constitution in four sentences:

1. 2. 3. 4. Read to find the definitions of the following terms. Highlight in the text and record a definition using evidence from the text. appeal Chief Justice federalism FL Circuit Courts FL County Courts FL District Court of Appeals FL Supreme Court judicial review

jurisdiction justices original jurisdiction U.S. Circuit Courts of Appeal U.S. District Courts U.S. Supreme Court writ of certiorari

C.3.11/2.6 –

Introduction The U.S. Constitution created a government system for the United States known as federalism. Federalism is the sharing of powers between the national government and the state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. Both the federal and state governments need their own court systems to apply and interpret their laws.

In both the federal and state constitutions the jurisdiction, or right and power for courts to interpret and apply the law, of each court system is outlined. The federal court system deals with issues of law relating to the powers granted to it by the U.S. Constitution. The state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government and are outlined in their own state constitution. Within the federal and state courts systems, certain courts have the power to be the first to hear a case on a specific topic. This is known as original jurisdiction. For example, the U.S. Supreme Court has original jurisdiction when there is a conflict between two states, between the president and Congress, or cases where a state is a party. federalism

jurisdiction

original jurisdiction

Federal Court System

There are 94 U.S. District Courts in the United States. Every state has at least one district court, and some large states have as many as four. The U.S. District Courts are the first level of courts in the federal system and they are also the trial courts at the federal level. U.S. District Courts hear both civil and criminal cases dealing with federal laws. In the U.S. District Courts a judge and jury hear cases. U.S District Courts

There are 13 U.S. Circuit Courts of Appeal in the United States. These courts are divided into 12 regional circuits and are located in various cities throughout the country. With the exception of criminal cases in which a defendant is found not guilty, any party who is dissatisfied with the judgment of a U.S. District Court may appeal to the U.S. Circuit Court of Appeal in his/her district. An appeal is a request, made after a trial, asking another court to decide whether or not a mistake in the law was made or if the trial was conducted improperly. When hearing cases, these courts usually sit in panels of three judges. U.S. Circuit Courts of Appeal

appeal

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The Supreme Court of the United States sits at the top of the federal court system. It is made up of nine judges, known as justices, and is led by the Chief Justice. The Chief Justice is “first among equals” meaning that he is the lead justice but he only has one vote, just like the other justices. The U.S. Supreme Court is located in Washington, D.C. Parties who are not satisfied with the decision of a U.S. Circuit Court of Appeal (or, in rare cases, of a U.S. District Court) or a state supreme court can petition, or request, the U.S. Supreme Court to hear their case. This is done mainly by a procedure known as a Petition for a Writ of Certiorari (cert.). The Court reviews these petitions and decides whether to accept such cases. Each year, the Court accepts between 75-80 of the some 10,000 cases it is asked to hear for argument. The Supreme Court also has the power of judicial review. This means that the Court can determine if an action by the other two federal branches (executive and legislative) are unconstitutional. U.S. Supreme Court

justice

Chief Justice

writ of certiorari

judicial review

State Court System

The Florida Constitution establishes a county court in each of Florida's 67 counties. The county courts are trial courts. At this level, civil and criminal cases are usually heard by one judge. The county courts are sometimes referred to as "the people's courts," because a large part of the courts' work involves minor arguments between citizens. These courts also handle traffic offenses, less serious criminal matters (misdemeanors), and arguments about small sums of money. FL County Courts

The Florida Constitution provides that a circuit court shall be established to serve each judicial circuit established by the Florida Legislature. There are twenty circuits in the state. The majority of jury trials in Florida begin at this level. One judge and a jury hear the trials that take place at the circuit court level. Typically, the circuit courts have jurisdiction over cases not assigned to the county courts. They also hear appeals from county court cases. This makes the circuit courts the highest trial courts and the lowest appellate courts in Florida's judicial system. FL Circuit Courts

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In Florida, the courts that are in between the circuit court and the highest court of the state are the District Courts of Appeal. The Florida Constitution provides that the Florida Legislature shall divide the state into appellate court districts and that there shall be a district court of appeal (DCA) serving each circuit court district. The state is divided into five districts for the District Courts of Appeal. These courts are located in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach. The majority of appeals are never heard by the Florida Supreme Court. Instead they are reviewed by three-judge panels at the District Courts of Appeal.

In general, decisions of the District Courts of Appeal represent the final appeal for cases. A person who is unhappy with a district court's decision may ask for review in the Florida Supreme Court and then in the United States Supreme Court, but neither court is required to accept the case for further review. Most are denied.

District Courts of Appeal

The highest court in Florida is the Florida Supreme Court, which is composed of seven justices. At least five justices must participate in every case and at least four must agree for a decision to be reached. The Court's official headquarters is the Supreme Court Building in Tallahassee. By a majority vote of the justices, one of the justices is elected to serve as Chief Justice, an office that is rotated every two years. The Chief Justice leads all events of the Court.

The jurisdiction of the Florida Supreme Court is outlined in the Florida Constitution with some flexibility so that the state Legislature can add or take away categories of cases. The Florida Supreme Court must review orders involving death sentences, district court decisions stating that a statute of the Florida Constitution illegal, and actions of the Public Service Commission having to do with utility rates and services. In addition to these required activities, the Florida Supreme Court can choose to review certain appeals from the District Courts of Appeal.

FL Supreme Court

Reading adapted from: http://www.flcourts.org/, http://www.floridasupremecourt.org/pub_info/system2.shtml, and http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx

The

Tria

l Pro

cess

1

2

3

4

5

6

C.3.11/2.6 –

.Review Questions. The passage below describes a dispute between two neighbors. Liz’s 16-year-old daughter backed into Doug’s car while it was parked in front of his house. Doug sued Liz for $1500 to cover the cost of repairing the car. Which court heard the case? A. Circuit Court of Appeals B. Florida Supreme Court C. Appellate court D. County court 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The graph below describes appeals filed by type of appeal in the U.S. Courts of Appeals, 1990-2010. Based on the graph, what conclusion can be drawn about court cases in the U.S.?

Source: United States Courts

A. More civil cases are being filed without legal representation B. More criminal cases are being filed without legal representation C. More criminal actions are being dropped before trial D. More civil actions are being dropped before trial 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.2.5 –

.The U.S. Constitution and Individual Rights. Overview In this lesson, students will understand how the U.S. Constitution limits and safeguards individual rights. Essential Questions How does the U.S. Constitution safeguard and limit individual rights? Learning Goal / NGSSS Benchmark SS.7.C.2.5 Distinguish how the Constitution safeguards and limits individual rights. Learning Targets / Benchmark Clarifications - Recognize that rights are protected, but not unlimited. - Examine rationales for limited individual rights. - Use scenarios to examine the impact of limits on individual rights on social behavior. - Examine the role of the judicial branch of government in protecting individual rights. Rewrite the following phrases of the First Amendment. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” “Or abridging the freedom of speech…” “Or of the press…” “Or the right of the people peaceably to assemble…” “And to petition the Government for a redress of grievances.” * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Do you think the rights outlined in the First Amendment are important? Why? Do you think that they should be unlimited, or are there situations where rights should be limited? Describe one.

C.2.5 –

.Limiting and Safeguarding Individual Rights.

The Framers of the U.S. Constitution wanted to create a federal government that was effective and powerful, but one that did not step on the rights of the individual or the powers of the states. By ensuring that the rights of individuals and the powers of states would be protected, this created a system where the powers of the federal government also became limited. In Article 1, Section 9 of the U.S. Constitution, there are three key individual rights that are protected, or safeguarded. The first is contained in this statement: "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas corpus is an important individual right. This statement in Article I, Section 9 means that an authority has to prove to a court why it is holding someone. If the government cannot show why a person is being held in jail, that person must be released. The second and third are in this statement: "No Bill of Attainder or ex post facto Law shall be passed." A bill of attainder is a bill written to punish only one person or one group of people. An ex post facto law is one that makes an act a crime after it has been committed. 1. Define habeas corpus and ex post facto. Highlight the text that helps you define these terms. Habeus corpus: Ex post facto: 2. Why do you think the Framers determined that these were important rights to include in the U.S. Constitution? The Role of the Judicial Branch The judicial branch plays an important role in how the U.S. Constitution is interpreted and the ways in which individual rights are safeguarded (protected) and limited. The Framers of the U.S. Constitution designed an independent judiciary where the judicial branch would have freedom from the executive and legislative branches. The U.S. Constitution guaranteed that judges would serve “during good behavior” and would be protected from any decrease in their salaries. Both of these features prevent the other two branches from removing judges or decreasing their salaries if they don’t like a judge’s opinion or decision in a case. This gave the judicial branch the freedom to make decisions based on the law and not based on pressure from the other two branches. 3. Define the term independent judiciary. Highlight the text that helps you define this term.

How can individual rights be limited?

C.2.5 –

In the Supreme Court case Schenck v. U.S. in 1919, the court created the “balancing test.” The balancing test focuses on individual rights and the public interest and allows rights to be restricted, or limited, when the public interest in threatened. The public interest is something that has common benefit to the community or public. Justice Oliver Wendell Holmes stated in his opinion that “the most stringent [strict] protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. […]” 4. What do you think was Justice Holmes’ rationale for stating that shouting “fire!” in a theatre would not be covered by the First Amendment?

5. How does this limit on individual rights impact social behavior?

The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit individual rights, specifically freedom of speech and freedom of the press. In general, there must be a balance of individual rights, the rights of others, and the common good.

Listed below are additional criteria used to limit freedom of speech and freedom of the press. • Clear and Present Danger – Will this act of speech create a dangerous situation? • Fighting Words – Will this act of speech create a violent situation? • Libel – Is this information false or does it put true information in a context that makes

it look misleading? • Obscene Material – Is this material inappropriate for adults and children to see in

public? • Conflict with Government Interests – During times of war the government may limit

speech due to national security

6. Choose two of the above criteria. What is the rationale for limiting rights in the situation?

7. What is the impact of limiting these rights on social behavior?

Sources: http://www.usconstitution.net/consttop_resp.html, http://www.firstamendmentcenter.org/madison/wp-content/uploads/2011/03/Your.First_.Freedoms.pdf, http://www.fjc.gov/history/home.nsf/page/talking_ji_tp.html, http://www.freedomforum.org/packages/first/curricula/educationforfreedom/supportpages/L04-LimitsFreedomSpeech.htm and http://www.firstamendmentschools.org/resources/handout1a.aspx?id=14081

C.2.5 –

.Review Questions. Below is a statement from Chief Justice John Roberts. “…students do not shed their First Amendment rights at the school house gate.”

Source: Morse v. Frederick (2007) Why is this statement significant? A. The Constitution limits individual rights B. The Constitution does not limit individual rights C. The Constitution safeguards individual rights D. The Constitution does not safeguard individual rights 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The timeline below shows events related to the death penalty. What constitutional protections have resulted from these events? A. Constitutional protections from cruel and unusual punishment are safeguarded while executions continue B. Constitutional protections from cruel and unusual punishment are limited while executions continue C. Constitutional protections of due process of law are safeguarded while executions continue D. Constitutional protections of due process of law are limited while executions continue 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.6 –

.The Impact of Constitutional Rights. Overview In this lesson, students will evaluate how constitutional rights impact both individual citizens and American society and how the government plays a role in upholding or restricting these rights. Essential Questions How do constitutional rights impact individual citizens? How do constitutional rights impact our society? Learning Goal / NGSSS Benchmark SS.7.C.3.6 Evaluate the constitutional rights and their impact on individuals and society. Learning Targets / Benchmark Clarifications - Recognize how individual rights shape involvement in the social, political, and economic

systems. - Recognize how the social, political, and economic systems in the United States are dependent

upon individual rights. - Use scenarios to recognize and/or evaluate options for exercising constitutional rights. - Evaluate the impact of the government upholding and/or restricting individual constitutional

rights.

.Presentation Guidelines. Use this checklist to make sure you have included all of the required information for your presentation.

¨ What is the “story” in your case study? Tell us about the main events and characters, when and where the events took place, etc.

¨ What are the civics content vocabulary terms for the case study? How are they related to the case?

¨ How was the judicial branch of government involved in the case? ¨ What is the main constitutional right that your case study focuses on? ¨ What is the conflict in the case study? ¨ How does your case study illustrate the difficulty of balancing individual rights and

the needs of society? ¨ Why is the individual right that your case focuses on important to a democratic

society? ¨ Why are there some limits on the right that your case focuses on?

C.3.6 –

.Review Questions. How do citizens experience economic freedom? A. Petitioning the government B. Electing representatives C. Exercising a religion D. Owning property 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. Which action represents an individual exercising a constitutional right? A. Summary judgment B. Quartering soldiers C. Civil disobedience D. Double jeopardy 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.12 –

.Landmark Supreme Court Cases. Overview In this lesson, students will understand the outcome and significance of select landmark Supreme Court cases. Essential Questions What are the outcomes of select landmark Supreme Court cases? Why are these cases significant? Learning Goal / NGSSS Benchmark SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases Learning Targets / Benchmark Clarifications - Use primary sources to assess the significance of these U.S. Supreme Court cases. - Evaluate how these U.S. Supreme Court cases have had an impact on society. - Recognize and/or apply constitutional principles and/or rights in relation to the relevant U.S.

Supreme Court decisions.

What is happening in this image?

What do you think is the issue in this image?

What evidence helps you identify the issue?

How do you think these images relate to the judicial branch?

C.3.12 –

.Landmark Supreme Court Cases.

Case Essential Question of Case

Constitutional Principle(s)

Outcome / Decision

Impact / Why is this a “landmark”?

Marbury v. Madison (1803)

Plessy v. Ferguson

(1896)

Is Louisiana's law requiring racial

segregation on its trains an

unconstitutional violation of the equal protection clause?

Brown v. Board of

Education (1954)

Does the segregation of

children in public schools only on the basis of race deny

the minority children of the equal

protection of the laws?

Gideon v. Wainwright

(1963)

Did the state court's failure to appoint a lawyer for Gideon

violate his right to a fair trial and due process of law?

Miranda v. Arizona (1966)

Does the police practice of questioning

individuals without notifying them

violate their right to a lawyer and their

protection against self-incrimination?

C.3.12 –

Case Essential Question of Case

Constitutional Principle(s)

Outcome / Decision

Impact / Why is this a “landmark”?

In re Gault (1966)

Were the procedures used to

commit [arrest] Gault constitutional under

the due process clause?

Tinker v. Des

Moines (1968)

Does a ban against the wearing of

armbands in public school, as a form of

symbolic protest, violate freedom of

speech protections?

U.S. v. Nixon (1974)

Is the President's right to protect

certain information, using his "executive

privilege" power, completely protected from judicial review?

Hazelwood v.

Kuhlmeier (1987)

Did the principal's deletion of the

articles violate the students' rights?

Bush v. Gore

(2000)

Do manual recounts, without consistent standards, violate

the Equal Protection and Due Process

clauses of the Constitution?

District of Columbia v. Heller (2007)

Do sections of the District of Columbia

Code violate the Second

Amendment?

C.3.12 –

.Review Questions. Which principle was the focus of the U.S. Supreme Court decision in Miranda v. Arizona (1966)? A. Freedom of expression B. Freedom of speech C. Self-incrimination D. Right to counsel 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. Juveniles accused of crimes continue to be afforded many of the same due process rights as adults as a result of which U.S. Supreme Court case? A. District of Columbia v. Heller (2008) B. Hazelwood v. Kuhlmeier (1988) C. In re Greene (1930) D. In re Gault (1967) 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.1 –

.Comparing Forms of Government. Overview In this lesson, students will define and compare forms of government. Essential Questions What are forms of government? How do they compare to each other? Learning Goal / NGSSS Benchmark SS.7.C.3.1 Compare different forms of government (direct democracy, representative democracy, socialism, communism, monarchy, oligarchy, autocracy). Learning Targets / Benchmark Clarifications - Identify different forms of government based on its political philosophy or organizational

structure. - Analyze scenarios describing various forms of government. - Apply their understanding of the definitions of the various forms of government. Term Definition Anarchy

The absence of any form of government.

What would a country look like with anarchy?

Why do you think countries choose to have a form of government?

C.3.1 –

C.3.1 –

Graphing and Comparing Forms of Government.

After reading the text, complete the chart by marking the features that describe each form of government.

Describe communism.

Describe socialism.

Explain how they are different.

Dire

ct

dem

ocra

cy

Rep

rese

ntat

ive

dem

ocra

cy

Mon

arch

y

Dic

tato

rshi

p

Theo

crac

y

Olig

arch

y

Ana

rchy

Rule by few

Rule by one

Rule by representative

Rule by none

Controlled by citizens

Rule by a god or higher power

Power usually inherited

Elected leaders

Constitutional government

People have a say

C.3.1 –

.Review Questions. The scenario below describes a government decision. Based on the scenario, which form of government is taking action? A self-appointed council amends the country’s constitution. A. Dictatorship B. Monarchy C. Oligarchy D. Republic 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. What do a republic and a direct democracy have in common? A. Rule by a single political party B. Rule by the people C. A small group of leaders D. A single leader 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

C.3.2 –

.Systems of Government. Overview In this lesson, students will determine the key features of four systems of government. Essential Questions How is power distributed in different systems of government? Learning Goal / NGSSS Benchmark SS.7.C.3.2 Compare parliamentary, federal, confederal, and unitary systems of government. Learning Targets / Benchmark Clarifications - Define parliamentary, federal, confederal, and unitary systems of government. - Compare the organizational structures of systems of government. - Recognize examples of these systems of government. - Analyze scenarios describing various systems of government.

How is power distributed? Definition Visual

Uni

tary

Fede

ral

Con

fede

ral

Par

liam

enta

ry

C.3.2 –

Distribution of Power.

Effective government in any form requires a method for distributing authority, or power, within the country.

Unitary Systems In countries with a relatively homogeneous, or similar, population and with a common tradition, language, and sense of national history, the central governments may not be federal but unitary - that is, they may retain most of the power at the center. In unitary countries the national government performs all the governmental functions. Local governments within this system administer matters within their jurisdiction, or area, but their powers are determined and delegated, or assigned, by the national government. The national government retains the ability to tax and major lawmaking powers rest almost entirely with the national government.

Federal Systems The larger and more diverse a country is, there is often a tendency for the country to have a federal system in which power is "layered" or distributed among different levels. The United States is an example of governments with a federal system. The central government is led by a president and there are also state governments. In the United States, for example, state governments are lead by governors. The state legislatures pass laws having to do with state affairs; state administrators carry them out; and state judiciaries interpret them.

Federal systems also include autonomous, or independent, local governments such as county governments and municipal governments - in cities, boroughs, townships, and villages. The citizens in each jurisdiction elect many of the public officials. In addition, certain special districts exist with a single function, such as education, and have their own elected officials.

Parliamentary Systems In countries where the power of government lies with the legislative body and the leader of the country is part of the legislature, the citizens elect political leaders indirectly through political parties. In these types of elections, citizens express their party preference, and the party chooses who will represent that party in the government. In parliamentary systems, the percentage of the vote received by any party determines whether, and how much, representation that party will have in the legislature. In Israel, for example, any political party that earns at least 2% of the vote will earn at least one seat in Israel’s national legislature (the Knesset). Some parliamentary systems elect their prime minister (head of government) through election by the legislature whereas other parliamentary systems employ direct election of the prime minister.

Confederal System Loosely allied independent states sometimes join together to create a type of central government known as a confederation, in which the central government exists only at the pleasure of the sovereign, or independent, members. A confederation system produces the weakest central government. Member states in a confederation maintain their own individual power and delegate to the central government only those powers that are essential for its maintenance. The individual states or countries making up the confederations have the power to tax and make their own laws. The central government serves as a coordinator to protect the interests of all its members. It also represents the confederation in dealings with outside governments, but its actions are subject to the review and approval of the confederated states.

No modern nation-state is organized along confederate lines, yet some international organizations, such as the United Nations (UN) and North Atlantic Treaty Organization (NATO) function primarily as confederations.

Adapted from: http://www.scholastic.com/browse/subarticle.jsp?id=1697

C.3.2 –

.Review Questions. What system of government was in place after the United States adopted the U.S. Constitution? A. Confederal B. Federal C. Oligarchy D. Parliamentary 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion. The newspaper headline below describes a historical event.

What long-term impact does this headline reflect? A. Protection of equal property rights B. Expansion of the right to privacy C. Protection of due process rights D. Expansion of the right to vote 1. Write at least two key terms from the question or answer choices that help you answer the question. 2. What is the question asking you to do? 3. Eliminate one incorrect answer choice and explain why you believe it is wrong. 4. Circle the correct answer choice and explain how you arrived at this conclusion.

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