Principal:
Oneatha Swinton
Let’s Get that A!
Collaboration
Challenge
Choice
Assistant Principal:
Felicia Holtzman
UNIT OVERVIEW & RATIONALE
This unit immediately follows the study of the landmark case Gibbons v Ogden in which
the Supreme Court rules that Congress’ power to regulate interstate commerce extends
to any commercial activity that crosses state lines and reinforced the supremacy of the
national government over that state government. Since then the Supreme Court has
been asked many times to consider whether a law passed by Congress was
constitutional under the Commerce Clause. Over time, depending on the political
philosophies of the day, the economic state of the nation and the individual justices on
the Supreme Court, the interpretation of the Commerce Clause has changed.
As a result, the Commerce Clause is a major source of Congress’s peacetime
lawmaking authority and the Supreme Court’s interpretation of the Commerce Clause
has changed over the course of American history. In an effort to prepare students for
active participation in civic life, this unit requires evaluation of federal laws with regard to
their constitutionality under the Commerce Clause.
The purpose of this series of unit is to prepare the students for moot court, which is a
simulation of what occurs in an appeals court
TASK NAME: The Constitutionality of Health Care Reform
Grade: 11
Subject: Social Studies; Constitutional Law
TASK DESCRIPTION
Using a variety of primary and secondary sources from case studies of the Supreme
Court’s interpretation of the Commerce clause, students will write an argument essay in
in support of or in opposition to the constitutionality of the Patient Protection Affordable
Care Act (Obamacare), citing supporting evidence from the sources in their writing.
Student will then perform a Moot Court activity to debate the constitutionality of the law.
UNIT LENGTH OF TIME: 2 Weeks
SUBJECT: Constitutional Law; Social Studies; Government
237 7th Avenue Brooklyn, NY 11215 (o) 718.832.4250 (f) 718.499.3947
GRADE(s) : 11th Grade
TEXT and INSTRUCTIONAL RESOURCES:
Primary Resources
United States Constitution
Excerpts from Majority Opinion Gibbons v Ogden
Excerpts from Majority Opinion Wickard v Filburn
Excerpts from Majority Opinion US v Lopez
Excerpts from Majority Opinion Gonzales v Raich
Secondary Resources:
Textbook: A People’s History of the United States
Textbook: A People’s History of the Supreme Court
Textbook: The Americans
Textbook: MacGruder’s American Government
Textbook: The Struggle for Democracy
Technology Needs
Laptops with internet access
Interactive White-Board Projector
COMMON CORE LEARNING STANDARDS ADDRESSED
Reading 1
1. Cite strong and thorough textual evidence to support analysis of what the text
says explicitly as well as inferences drawn from the text, including determining
where the text leaves matters uncertain.
Reading 2
1. Determine the central ideas or information of a primary or secondary source;
provide an accurate summary that makes clear the relationships among the key
details and ideas.
Writing 1
1. Write arguments focused on discipline-specific content.
a. Introduce precise, knowledgeable claim(s), establish the significance of the
claim(s), distinguish the claim(s) from alternate or opposing claims, and create
an organization that logically sequences the claim(s), counterclaims, reasons,
and evidence.
b. Develop claim(s) and counterclaims fairly and thoroughly, supplying the most
relevant data and evidence for each while pointing out the strengths and
limitations of both claim(s) and counterclaims in a discipline-appropriate form that
anticipates the audience’s knowledge level, concerns, values, and possible
biases.
c. Use words, phrases, and clauses as well as varied syntax to link the major
sections of the text, create cohesion, and clarify the relationships between
claim(s) and reasons, between reasons and evidence, and between claim(s) and
counterclaims.
d. Establish and maintain a formal style and objective tone while attending to the
norms and conventions of the discipline in which they are writing.
e. Provide a concluding statement or section that follows from or supports the
argument presented.
4. Produce clear and coherent writing in which the development, organization, and
style are appropriate to task, purpose, and audience.
Speaking and Listening
1. Initiate and participate effectively in a range of collaborative discussions (one-onone, in groups, and teacher-led) with diverse partners on grades 9–10 topics,
texts, and issues, building on others’ ideas and expressing their own clearly and
persuasively.
a. Come to discussions prepared having read and researched material under
study; explicitly draw on that preparation by referring to evidence from texts
and other research on the topic or issue to stimulate a thoughtful, wellreasoned exchange of ideas.
ENDURING UNDERSTANDINGS
ESSENTIAL QUESTIONS
 The Constitution can be interpreted
 Why is the regulation of commerce
in different ways to expand or limit
important?
the powers of the government.
 Is the commerce clause too
 The Constitution includes provisions
powerful?
to meet the changing needs of
 Should the commerce clause be
society
used to address social injustice?
 Courts have placed some limits on
 Has the national government
the reach of the commerce clause
become too powerful through the
 Our federal government is of limited
use of the commerce clause?
power
 Is Congress’s requirement that
 The commerce clause is considered
Americans maintain health
by many to be the most far reaching
insurance constitutional under the
power of the national government
Commerce Clause?”
 The reach of the Commerce Clause
is still a hotly contested issue today
 Congress regulates commerce
between states
 Congress may regulate some
intrastate commerce if proven that
the intrastate commerce may have
an effect on interstate commerce
 The commerce clause has
expanded to include some
manufacturing and activities that will
lead to interstate commerce
CONTENT
Students will learn…
 The Commerce Clause as a major
source of Congress’s peacetime
lawmaking authority.
 Explain how the Supreme Court’s
interpretation of the Commerce
Clause has changed over the
course of American history.
SKILLS
Students will be able to…
Level 1
Write a summary to explain the court’s
rationale in the cases
Gibbons v Ogden
Wickard v Filburn
US v Lopez
Gonzales v Raich
Paraphrase the court’s Majority Opinion
 Summarize the modern approach to
interpreting the Commerce Clause.
 Evaluate federal laws with regard to
their constitutionality under the
Commerce Clause
 The Supreme Court’s first major
ruling on the Commerce Clause
was in 1824 – Gibbons v. Ogden
 The Supreme Court has interpreted
to commerce clause in different
ways to both expand and limit the
power of the federal government
 Congress may regulate channels of
interstate commerce – including
highways, waterways, and air traffic
 Congress can regulate people,
Identify and the commerce clause
Level 2
Create a political cartoon to illustrate the
court’s decision in Gibbons v Ogden
Create a political cartoon to illustrate the
commerce clause.
Level 3
Prepare to conduct a debate on the
constitutionality of health care reform
Write a persuasive speech arguing for or
against the constitutionality of healthcare
reform
Level 4
(Applying Precedent) Conduct a Moot
Court to address the question, “ Is
Congress’s requirement that Americans
maintain health insurance constitutional
under the Commerce Clause?”
machines, and things used in
carrying out commerce.
 Congress can regulate things
moving in interstate commerce.
 Congress can regulate commercial
activities that have a substantial
effect on interstate commerce.
ACADEMIC VOCABULARY
Elastic Clause, Powers of Congress, Enumerated powers, reserved powers, concurrent
powers, Federalism, Federal Government, Strict Construction, Loose Construction,
Supreme Court, Judicial Review, Commerce Clause, Heathcare, Precedent
ASSESSMENT EVIDENCE AND ACTIVITIES:
Formative assessment:
Questioning and Discussion:
Group Annotation
Individual Annotation
Cornell Notes
CASH Exit Slips
Online Discussion
Peer Review
Summative assessment:
Political Cartoon
Moot Court Case Brief
Choice Board Project
Political Cartoon Analysis
Criteria for Success/Rubric:
LIST OF COMPLETED TASKS & LESSON COMPONENTS THAT SHOW STUDENT UNDERSTANING
Lesson 1: Reviewing Decision in Gibbons, Paraphrasing Excerpts of the Constitution &
Creating Political Cartoons to Illustrate the interpretation of Commerce Clause
according to Gibbons
Lesson 2: Can Congress make this law activity & Reading to explore the evolution of
the use of the Commerce Power
Lesson 3: Group Research and Poster making to Highlight Commerce Clause Cases for
Whole class share-out
Lesson 4: Commerce Clause Case Packets & Reevaluation of laws Power (Practice)
Lesson 5: Researching the Background of the Affordable Care Act & Arguments For
and against it’s implementation.
Lesson 6: Ranking Arguments based on level of persuasiveness and determined
precedent in support of the chosen claim
Lesson 7: Court Brief Writing
Lesson 8: Moot Court Performance
INSTRUCTIONAL SUPPORT STRATEGIES/MULTIPLE ENTRY POINTS
1.
2.
3.
Content
a)
Visual and auditory support
b)
Leveled Reading
c)
Access to Course Material At Home
d)
Reading Partners
e)
Small Group Instruction
f)
Teacher Read-Aloud
g)
Root Word (Pre-fix & Suffix)
Process:
a)
Students are able to move around and seek aid when needed
b)
Text Annotations
a)
Flexible Grouping
b)
Extended Time for completion of assignments for ELLs and some IEP students
Product:
a)
Student play the roles of either Judges, Petitioners, Respondents, Clerks, and Journalist
Students with attendance difficulty are able to make a Moot Court movie simulation
b)
4.
Student assume various leadership role to encourage the group towards progress
Affect
a)
Question box (for questions students are too shy to ask or missed their chance to ask)
b)
Google It – Laptop available for quick lookups
**Please attach rubrics and tasks to the plan**