Business Law Foundations of the U.S. Constitution Business Management & Administration Lesson Plan
Lesson
Plan
Performance Objective Upon completion of this lesson, the student will be able to describe constitutional rights, with an emphasis on the U.S. Constitution and amendments. The student will be able to define due process of the law. Specific Objective  Students will identify the documents written in the course of the nation’s founding.  Students will explain how the U.S. Constitution addresses and protects citizen’s civil rights. Terms  Declaration of Independence ‐ document drafted by representatives of the 13 original colonies that asserts the rights desired by the colonists.  Articles of Confederation ‐ loose form of charter for common government adopted by the thirteen colonies prior to adoption of the Constitution.  U.S. Constitution ‐ document that consists of seven articles that provide a workable framework for our federal government.  Bill of Rights ‐ first ten amendments in the U.S. Constitution.  Civil rights ‐ personal, human rights recognized and guaranteed by the U.S. Constitution.  Due process of law ‐ constitutional requirement for fundamental fairness in our legal and court system. Time When taught as written, this lesson should take approximately 2‐3 days to teach. Preparation Preparation
TEKS Correlations: This lesson, as published, correlates to the following TEKS. Any changes/alterations to the activities may result in the elimination of any or all of the TEKS listed. 130.117. (c) Knowledge and Skills (1) The student identifies the different types of law, courts, and regulations in the judicial system. The student is expected to: (A) identify the concepts of civil and criminal law (B) explain the different categories and types of courts and traditional court procedures (C) differentiate between business torts and crimes (D) comprehend the rationale for government regulations of business activities Copyright © Texas Education Agency, 2013. All rights reserved. 1 Interdisciplinary Correlations: College Readiness and Study Skills  110.48(b)(2)(A). The student is expected to expand vocabulary through wide reading, viewing, listening, and discussion.  110.48(b)(2)(F). The student is expected to use context to determine meanings of words and phrases such as figurative language, idiomatic expressions, homonyms, and technical vocabulary.  110.54(b)(4)(D). The student is expected to summarize texts by identifying main ideas and relevant details.  110.47(b)(7)(A). The student is expected to read silently or orally such as paired reading or literature circles for sustained periods of time. Economics 118.4(c)(17)(A). The student understands the role of financial markets/institutions in saving, borrowing, and capital formation. The student is expected to explain the functions of financial institutions and how they affect households and businesses. Occupational Correlation (O*Net – www.onetonline.org/): Job Title: Law Teachers, Postsecondary O*Net Number: 25‐1112.00 Reported Job Titles: Professor of Law, Associate Professor, Clinical Law Professor, Legal Writing Professor Tasks: Keep abreast of developments in the field by reading current literature, talking with colleagues, and participating in professional conferences. Initiate, facilitate, and moderate classroom discussions. Prepare and deliver lectures to undergraduate or graduate students on topics such as civil procedure, contracts, and torts. Evaluate and grade students' class work, assignments, papers, and oral presentations. Soft Skills: Learning Strategies, Active Learning, Instructing, Critical Thinking Accommodations for Learning Differences It is important that lessons accommodate the needs of every learner. These lessons may be modified to accommodate your students with learning differences by referring to the files found on the Special Populations page of this website. Preparation  Write the following four documents (Declaration of Independence, Articles of Confederation, U.S. Constitution, and Bill of Rights) on the board. Use class discussion to list the main elements of each document.  Tell students about the risks the founders faced by revolting against the British government by signing the Declaration of Independence. Signing the document meant that the founders were committing treason punishable by death. Ask students how their lives would be different today if the Declaration of Independence had not taken place. References  Local newspapers Copyright © Texas Education Agency, 2013. All rights reserved. 2 
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Television Network Newscasts and the Internet State of Utah Business Law Curriculum: http://schools.utah.gov/cte/business_resources_law.html Instructional Aids 1. “Constitutional Rights” Presentation 2. Internet 3. “Bill of Rights” Assignment 4. Rubric for the “Bill of Rights” Assignment 5. “Bill of Rights and Responsibilities for the Classroom” Assignment 6. Rubric for the “Bill of Rights and Responsibilities for the Classroom” Assignment Materials Needed:  Construction paper  Scissors and glue  Poster board Equipment Needed:  Computers for students to complete projects  Projector for presentation Introduction Introduction
Survey students to see if they think a strong central government is good for the nation. Students must defend their answers. Review Articles I and IV of the U.S. Constitution concerning slavery. Focus class discussion on the Emancipation Proclamation by President Abraham Lincoln, the Thirteenth Amendment, Fifteenth Amendment, and the Twenty‐Fourth Amendment. Article I of the Constitution counted slaves as only three‐fifths of a person for the purpose of appointing representatives to Congress. Discuss the impact of women’s votes in the last Presidential election. Explain how the lightly populated state of Wyoming’s movement for women’s rights began in 1869 and spread to the West Coast and as far east as Kansas. Copyright © Texas Education Agency, 2013. All rights reserved. 3 Outline Outline
Instructors can use the presentation, slides, handouts, current events, the Internet, and note pages in conjunction with the following outline. MI Outline
Instructor Notes
I. Declaration of Independence Ask students to conduct I. Declaration of Independence A
Ask students to conduct A. delegates from 13 original American research and list the original A. Dcolonies to the second Continental elegates from 13 original American research and list the original 13 American colonies colonies to the second Continental
Congress meeting in Philadelphia 13 American colonies Congress meeting in Philadelphia B. Thomas Jefferson from Virginia B. Thomas Jefferson from Virginia
C Split the class into 7 groups. C. 1781 Articles of Confederation C. 1781 Articles of Confederation Each group must prepare a 1. government to be conducted by a Split the class into 7 groups. 1. gone‐house legislature (U.S. overnment to be conducted by a presentation about the Each group must prepare a one‐house legislature (U.S. seven Articles of Congress) presentation about the seven Confederation Congress) Articles of Confederation 2. strict term limits (no person could 2. sserve more than three years in a 6‐
trict term limits (no person could serve more than three years in a year period) 6‐year period) 3. the legislature had only the power 3. the legislature had only the power to declare war, make peace, enter to declare war, make peace, enter into treaties and alliances, manage into treaties and alliances, relations with Indian nations, coin manage relations with Indian money, settle differences between nations, coin money, settle states, establish a postal system, differences between states, and appoint a Commander in Chief establish a postal system, and 4. common treasury funds to pay for appoint a Commander in Chief defense or general welfare 4. common treasury funds to pay for 5. paupers, vagabonds, fugitives from defense or general welfare justice, and slaves were not 5. pentitled to the privileges and aupers, vagabonds, fugitives from justice, and slaves were not immunities of free citizens of the entitled to the privileges and state immunities of free citizens of the 6. major legislation, including bills state relating to finance, would require a 6. m
ajor legislation, including bills two‐thirds vote for passage relating to finance, would require 7. amendments to the Articles would a two‐thirds vote for passage require a unanimous vote of the 7. amendments to the Articles would states require a unanimous vote of the states Copyright © Texas Education Agency, 2013. All rights reserved. 4 II. U.S. Constitution A. Convention in Philadelphia in 1787 II. U.S. Constitution B. March 4, 1789 ‐ the date the A. Cgovernment of the U.S. began onvention in Philadelphia in 1787 B. M
arch 4, 1789 ‐ the date the operation under the new government of the U.S. began Constitution operation under the new Constitution C. The Bill of Rights ‐ protect human C. Trights proclaimed in the Declaration he Bill of Rights ‐ protect human rights proclaimed in the Declaration of Independence of Independence 1. Amendment #1: freedom of speech 1. Aand freedom of religion mendment #1: freedom of speech and freedom of religion 2. Amendment #2: well regulated mendment #2: well regulated 2. AMilitia to ensure security of a free Militia to ensure security of a free State Multiple Intelligences Guide State 3. Amendment #3: no soldier shall, in 3. Atime of peace be quartered in any mendment #3: no soldier shall, in time of peace be quartered in any house without the consent of the house without the consent of the owner owner 4. Amendment #4: right of the people mendment #4: right of the people 4. Ato be secure in their persons, to be secure in their persons, houses, papers, and effects against houses, papers, and effects against unreasonable searches and unreasonable searches and seizures seizures 5. Amendment #5: Due process of the 5. Alaw, no double jeopardy, innocent mendment #5: Due process of the law, no double jeopardy, innocent until proven guilty by a court of until proven guilty by a court of law law 6. Amendment #6: in criminal
6. Amendment #6:in criminal prosecutions, the accused shall prosecutions, the accused shall enjoy the right to a speedy and enjoy the right to a speedy and public trial, by an impartial jury of public trial, by an impartial jury of the State and district wherein the the State and district wherein the crime shall have been committed crime shall have been committed 7. Amendment #7: Suits of common 7. Amendment #7: Suits of common law involving more than $20 have law involving more than $20 have the right of trial by jury the right of trial by jury 8. Amendment #8: Excessive bail 8. Amendment #8: Excessive bail shall not be required, nor excessive shall not be required, nor fines imposed, nor cruel and excessive fines imposed, nor unusual punishments inflicted cruel and unusual punishments mendment #9: enumeration in 9. Ainflicted the Constitution of certain rights shall not be construed to deny or disparage others retained by the people A/B Ask students to conduct Ask students to conduct research and explain why research and explain why the U.S. Constitution took the U.S. Constitution took so long to be approved so long to be approved C Discuss the human rights Discuss the human rights protected by the Bill of protected by the Bill of Rights. Then ask students to Rights. Then ask students to give examples of current give examples of current issues that individuals link to issues that individuals link the original Bill of Rights. to the original Bill of Rights. Copyright © Texas Education Agency, 2013. All rights reserved. 5 9. Amendment #9: enumeration in the 10. AConstitution of certain rights shall mendment #10: powers not not be construed to deny or delegated to the U.S. by the disparage others retained by the Constitution, nor prohibited by it people to the States, are reserved to the 10. Amendment #10: powers not States respectively, or to the delegated to the U.S. by the people III. Civil RConstitution, nor prohibited by it ights ‐ personal, human rights to the States, are reserved to the recognized and guaranteed by the States respectively, or to the U.S. Constitution A. Duepeople process of law‐constitutional III. Civil Rights ‐ personal, human rights requirement for fundamental rness in our legal and court fairecognized and guaranteed by the U.S. Constitution system A. Due process of law‐constitutional 1. the right to be secure against requirement for fundamental unreasonable searches and fairness in our legal and court seizures (fourth Amendment) 2system . the right not to be a witness 1. the right to be secure against against yourself (Fifth unreasonable searches and Amendment) 3. inseizures (fourth Amendment) criminal prosecutions, the right 2. the right not to be a witness for the accused to a speedy and against yourself (Fifth public trial by an impartial jury of Amendment) the state and district where the 3. in criminal prosecutions, the right crime was committed 4. trfor the accused to a speedy and ial by jury in civil suits where the public trial by an impartial jury of value in controversy exceeds $20 the state and district where the (Seventh Amendment) 5. excrime was committed cessive bail will not be required 4. trial by jury in civil suits where the nor excessive fines imposed, nor value in controversy exceeds $20 cruel and unusual punishment (Seventh Amendment) inflicted (Eighth Amendment) 5. excessive bail will not be required B. Abolition of Slavery (Thirteenth nor excessive fines imposed, nor Amendment) C. Righcruel and unusual punishment t to Vote 1. Dinflicted (Eighth Amendment) enial by Gender a. Fifteenth Amendment denied women the right to vote b. 1920 (Nineteenth Amendment) gave women the right to vote Split the class into five groups and assign each group one of the five protections provided by due process of law. Each group must present their topic to the class, using A Split the class into five appropriate examples. groups and assign each group one of the five protections provided by due process of law. Each group must present their topic to the class, using appropriate examples. Ask students how politics for women have changed since after 1920. Ask students to give examples of predominant female politicians. Also discuss the power of female voters C1 Ask students how politics for women have changed since after 1920. Ask students to give examples of predominant female politicians. Also discuss the power of female voters. Copyright © Texas Education Agency, 2013. All rights reserved. 6 B. Abolition of Slavery (Thirteenth Amendment) 2. Denial by Age C. Right to Vote a. 21 was the original voting age 1. Denial by Gender b. protests during the Vietnam War a. Fifteenth Amendment denied c. 1971‐Twenty‐Sixth Amendment
women the right to vote changed the voting age to 18 b. 1920 (Nineteenth Amendment) D. Periphgave women the right to vote eral Rights ‐ not explicitly mentioned in the U.S. Constitution 2. Denial by Age or Bill of Rights, but courts have a. 21 was the original voting age recognized them as necessary (right b. protests during the Vietnam of privacy) War c. 1971‐Twenty‐Sixth Amendment changed the voting age to 18 D. Peripheral Rights ‐ not explicitly mentioned in the U.S. Constitution or Bill of Rights, but courts have recognized them as necessary (right of privacy) Survey the class to determine Chow many students can 2 Survey the class to legally vote. Then survey determine how many students to determine if they students can legally vote. actually will vote. Explain why Then survey students to the voting age was a hot topic determine if they actually during the Vietnam War. will vote. Explain why the voting age was a hot topic during the Vietnam War. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2013. All rights reserved. 7 Visual/Spatial Summary
Application Guided Practice Using the lesson presentation, the teacher will explain the sources of law, the difference between civil and criminal laws, and the Uniform Commercial Code (UCC). Split the class into teams with two students. Each team must use the Internet and local news to get more details about a current civil case and criminal case. Each team will report their findings to class and explain why each case is categorized as civil or criminal. Independent Practice  Bill of Rights Presentation Assignment: Split the class into teams with two students. Each team must design a presentation that defines the first ten amendments to the Constitution (Bill of Rights). The presentation must give clear examples for each amendment, using current examples. Each group will be assigned one amendment to thoroughly define to the class.  Bill of Rights and Responsibilities for the Classroom Brochure and Poster: Split the class into 10 groups. Each group must design a brochure that includes five rights and five responsibilities for student behavior in the classroom. Members of the class will discuss all of the brochures and select the best 10 rights and responsibilities for classroom behavior. The class will then design a poster listing the ten rights and responsibilities for class behavior in the classroom. SReview
ummary Review Q: How does the Constitution address and protect citizens’ civil rights? A: The first ten amendments to the Constitution (Bill of Rights) became a shield for civil rights. Later amendments to the Constitution outlawed slavery and guaranteed the right to vote to African Americans, women, and all citizens age 18 and older. Q: When was the Declaration of Independence adopted? A: The Declaration of Independence was adopted on July 4, 1776. Q: What are the “inalienable rights” mentioned in the Declaration of Independence? A: Life, liberty, and the pursuit of happiness Q: Why did it take so long to ratify the original Constitution? A: Opponents claimed the wording for the Constitution failed to protect human rights. BILL OF RIGHTS Student teams design a “Bill of Rights” poster that lists the ten amendments to the Constitution and gives an example for each amendment. Evaluation Evaluation
Informal Assessment  Instructor will observe students during Independent Practice.  Instructor will assist students as needed. Copyright © Texas Education Agency, 2013. All rights reserved. 8 Formal Assessment Use the assigned rubric to evaluate the projects assigned for Independent Practice. Enrichment
Enrichment Extension Ask students to write a one‐page paper on how different life in this country would be if the Thirteenth, Fourteenth, Fifteenth, Nineteenth, and Twenty‐Sixth amendments had not been added to the Constitution. Students should indicate how their lives personally would be affected. Ask students to draw the map of the original 13 colonies. The picture should also include the date that each colony ratified the U.S. Constitution. Footnotes should be added explaining why some colonies took longer than other colonies to ratify the Constitution. Copyright © Texas Education Agency, 2013. All rights reserved. 9 Business Law – Foundations of the U.S. Constitution Independent Practice Assignment #1 Bill of Rights Presentation Assignment Student Name: ________________________________________ Your team must design a presentation that defines the first ten amendments to the Constitution (Bill of Rights). The presentation must give clear examples for each amendment, using current examples. Each group will be assigned one amendment to thoroughly define to the class. Copyright © Texas Education Agency, 2013. All rights reserved. 10 Multimedia Project: The Bill of Rights Business Law – Foundations of the U.S. Constitution Independent Practice Assignment #1 Rubric Student Name: ________________________________________ CATEGORY Content 15 Includes essential knowledge about the topic. Subject knowledge appears to be good. Organization Uses headings or bulleted lists to organize, but the overall organization of topics appears flawed. Sources Source information Source information collected for all collected for all graphics, facts and graphics, facts and quotes. All quotes. Most documented in documented in desired format. desired format. Attractiveness Makes excellent use Makes good use of of font, color, font, color, graphics, graphics, effects, etc. effects, etc. to to enhance the enhance to presentation. presentation. Originality 20 Covers topic in‐depth with details and examples. Subject knowledge is excellent. Content is well organized using headings or bulleted lists to group related material. Product shows a large amount of original thought. Ideas are creative and inventive. Product shows some original thought. Work shows new ideas and insights. 10 Includes essential information about the topic but there are 1‐
2 factual errors. Content is logically organized for the most part. 5 or less Content is minimal or there are several factual errors. There was no clear or logical organizational structure, just lots of facts. Source information collected for graphics, facts and quotes, but not documented in desired format. Very little or no source information was collected. Makes use of font, color, graphics, effects, etc. but occasionally these detract from the presentation content. Use of font, color, graphics, effects etc. but these often distract from the presentation content. Uses other people's ideas, but does not give them credit. Uses other people's ideas (giving them credit), but there is little evidence of original thinking. Total Score___________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 11 Business Law – Foundations of the U.S. Constitution Independent Practice Assignment #2 Bill of Rights and Responsibilities for the Classroom Assignment Student Name: ________________________________________ The class has been divided into groups. Each group must design a brochure that includes five rights and five responsibilities for student behavior in the classroom. Members of the class will discuss all of the brochures and select the best 10 rights and responsibilities for classroom behavior. The class will then design a poster listing the ten rights and responsibilities for class behavior in the classroom. Copyright © Texas Education Agency, 2013. All rights reserved. 12 Making a Brochure: Classroom Bill of Rights and Responsibilities Business Law – Foundations of the U.S. Constitution Independent Practice Assignment #2 Rubric Student Name: ________________________________________ CATEGORY Content ‐ Accuracy 25 All facts in the brochure are accurate. 20 99‐90% of the facts in the brochure are accurate. Writing ‐ Organization Each section in the brochure has a clear beginning, middle, and end. Almost all sections of the brochure have a clear beginning, middle and end. Attractiveness The brochure has & Organization exceptionally attractive formatting and well‐organized information. The brochure has attractive formatting and well‐organized information. Knowledge Gained All students in the group can accurately answer all questions related to facts in the brochure and to technical processes used to create the brochure. All students in the group can accurately answer most questions related to facts in the brochure and to technical processes used to create the brochure. Total Points Earned for Each Category 15 89‐80% of the facts in the brochure are accurate. 10 or less Fewer than 80% of the facts in the brochure are accurate. Most sections of the Less than half brochure have a clear of the sections beginning, middle and of the end. brochure have a clear beginning, middle and end. The brochure has The brochure's well‐organized formatting information. and organization of material are confusing to the reader. Most students in the Several group can accurately students in the answer most group appear questions related to to have little facts in the brochure knowledge and to technical about the processes used to facts or create the brochure. technical processes used in the brochure. Total Score __________ Maximum 100 Points Copyright © Texas Education Agency, 2013. All rights reserved. 13