DEVELOPMENT OF THE CONSTITUTION
Course
Practicum in
Local, State,
and Federal
Government
Unit II
Constitutional
Law Review
Essential
Question
Why was it
necessary to
write a new
constitution to
replace the
Articles of
Confederation?
TEKS
§130.190(c)
(2)(A)
Prior Student
Learning
None
Rationale
Introduces students to foundations of governmental functions and career
opportunities within the United States.
Objectives
The students will be able to:
1. Analyze the principles and ideas that underlie the Declaration of
Independence and the United States Constitution
2. Explain the importance of a written constitution and how the federal
government serves the purposes set forth in the Preamble to the
United States Constitution
3. Evaluate constitutional provisions for limiting the role of government,
such as republicanism, checks and balances, federalism, separation of
powers, popular sovereignty, and individual rights
4. Analyze the processes by which the United States Constitution can be
amended
Engage
Show a picture of the signing of the Declaration of Independence.
(http://www.ushistory.org/declaration/trumbull.htm). List the characteristics of
the signers of the document (e.g. wealthy, landowners, Christian, Protestant
except for Charles Carroll of Carrollton, Caucasian). Prompt the students to
add to the list from prior knowledge. Ask the students if they believe those
characteristics could have influenced the writing of the Declaration of
Independence, and how. Use the Discussion Rubric for assessment.
Key Points
I. Declaration of Independence
Estimated Time
A. The decision to declare a complete break in the political connection
4 to 5 hours
between the 13 United Colonies and Great Britain
B. Written and agreed to in 1776 after a spirited debate
C. Before this time, no political system had ever been founded on the
belief that
1. The people should rule instead of being ruled
2. Each person is important as an individual, created equal, and
endowed with certain unalienable rights
3. Government should be by the consent of the governed
II. The Constitution of the United States
A. The nation’s fundamental law, the “supreme law of the land”
B. Sets the framework for the government
C. Written in 1787, took effect in 1789; has guided the nation through
more than two centuries of tremendous growth and change
D. Based on six main principles that explain how the Federal
Government is organized, how the leaders are selected, and
procedures those leaders must follow:
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1.
2.
3.
4.
Federalism
Popular sovereignty
Limited government
Separation of powers – power is distributed between legislative
(Congress), executive (President), and judicial (court) branches
5. Checks and balances
6. Judicial review
E. Covers all this information in only 7,000 words
F. Organization
1. Preamble – a short introduction stating the purpose of the
Constitution
2. Seven sections called articles
3. Amendments – 27, printed in order of their adoption
G. The framers of the Constitution firmly believed that
1. Governmental power poses a threat to individual liberty
2. The exercise of governmental power must be restrained
3. To divide governmental powers (as Federalism does) is to curb
that power and prevent its abuse
III. Amending the Constitution
A. Formal amendment
1. Proposed by 2/3 vote in each house of Congress and ratified by
3/4 of the state legislatures (26 of the 27 amendments were
adopted by this method)
2. Proposed by 2/3 vote in each house of Congress and ratified by
conventions in 3/4 of the states (the 21st amendment was
adopted by this method)
3. Proposed by a national convention called by Congress at the
request of 2/3 of the state legislatures and ratified by 3/4 of them
(Congress has never called such a convention)
4. Proposed by a national convention and ratified by conventions
in 3/4 of the states (the Constitution itself was adopted by a
similar method)
B. Other, informal means
1. Passage of basic legislation by Congress
a) Provisions in the Constitution are not detailed or specific,
necessitating interpretation
b) Congress, by exercising interpretive power, has expanded
the Constitution, for example
(1) Establishing federal courts other than the Supreme
Court
(2) Writing laws based on its power to regulate foreign and
interstate commerce
2. Actions taken by the President
a) Declaring war without a declaration from Congress
b) Using executive agreements instead of a treaty, which must
be approved by the Senate
3. Key decisions of the Supreme Court
a) Interpreting and applying the Constitution in cases it hears
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b) Established judicial review, which is not spelled out in the
Constitution
4. Activities of the political parties
a) The Constitution makes no mention of political parties;
many of the framers of the Constitution were opposed to
them because of their divisive effect
b) The major parties from the 1830s have held national
conventions to nominate presidential candidates – this
process was not spelled out in the Constitution
5. Custom and usage
a) Formation of the Cabinet – the heads of the 15 executive
departments who advise the President
b) Succession of the Vice President to the office (not just the
duties) of President when the President dies in office
Activities
1. Show how the arguments and issues of 220 years ago are still being
argued today, only under different names, by keeping a political journal
during the course of the class. Each day, each student will clip out a
political issue of the day from any paper, publication, or website. The
student will write his or her interpretation of the article and then present it
to the class. The student should identify specific elements of the
Constitution and the Preamble that are connected to the issues and
communicate a position on the issue or argument. Other class members
may respond with opposing views, concerns, or additional observations.
Use the Presentation Rubric for assessment.
Assessments
Development of the Constitution Quiz and Key
Discussion Rubric
Presentation Rubric
Research Rubric
Role Play Rubric
Materials
Development of the Constitution computer-based presentation
Development of the Constitution Key Terms
Resources
9780133656329, Macgruder’s American Government, McClenaghan, W.,
Pearson, Prentice Hall, 2008.
Accommodations for Learning Differences
For reinforcement, role-play the Constitutional Convention by assigning each
student as one of the members of Congress or as one of the important people
involved in the debate. Students must research the individual and be able to
speak his or her views on the overall document. Use the Research Rubric and
the Role Play Rubric for assessment.
3
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For enrichment, divide the class into two opposing groups for classroom
discussions throughout the lesson plan. Throw out various topics for the next
day’s discussions and see who prepares. This is a great class participation
grade for those who want to do a little extra. There are unlimited topics from
the Constitutional arguments, especially concerning slavery, taxes,
representation, women’s rights, free speech, the Bill of Rights, etc. Use the
Discussion Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.190. Practicum in Local, State, and Federal Government (Two to Three
Credits).
(2)
The student analyzes the United States Constitution and
constitutional law. The student is expected to:
(A)
review basic information about the United States
Constitution such as the framers, Articles of
Confederation, Constitutional Conventions, separation of
powers, checks and balances, ratification, and the
amendment process;
College and Career Readiness Standards
Social Studies Standards
IV. Analysis, Synthesis, and Evaluation of Information
A. Critical examination of texts, images, and other sources of information
1. Identify and analyze the main idea(s) and point(s)-of-view in
sources.
5. Read narrative texts critically.
6. Read research data critically.
4
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DEVELOPMENT OF THE CONSTITUTION KEY TERMS
Checks and balances – the three branches of government are neither entirely separate nor
completely independent of one another. Each branch is subject to constitutional checks
or restraints by the other branches. For example, Congress can make laws, but the
President may veto (reject) an act of Congress. Congress can override a presidential
veto by a two-thirds vote in each house
Convention – a meeting to discuss matters of common concern
Federalism – division of power between a central government and several regional
governments
Judicial review – the power of a court to determine the constitutionality of a governmental
action. The judicial branch, in its interpretation of the law, can declare executive acts
unconstitutional (illegal, null and void)
Limited government – no government is all-powerful; government may do only those things
that the people have given it the power to do. In other words, government must obey the
law
Popular sovereignty – political power resides in the people. The people are the only source
for any and all government power. Leaders can govern only with the consent of the
governed
Ratification – formal approval
Separation of powers – the legislative, executive, and judicial powers of the government are
separated among three distinct and independent branches of the government
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DEVELOPMENT OF THE CONSTITUTION QUIZ
Name:
Date:
1.
A.
B.
C.
D.
2.
A.
B.
C.
D.
3.
A.
B.
C.
D.
The Declaration of Independence is unique in its political belief that:
Every person is important as an individual, created equal, with unalienable rights
The people should be ruled by a sovereign ruler
Government should be by the consent of the governed
Both A and C
The Declaration of Independence:
Was suggested by Great Britain to give the colonists more autonomy
Was agreed to in 1776 without much argument at all
Was the result of the decision to declare a complete break in the political connection
between the 13 United Colonies and Great Britain
Was based on the basic ideas of most of the known countries of the time
The Constitution of the United States:
Is the nation’s “supreme law of the land” and sets the framework for the government
Has been radically changed from the original wording after 200 years of the country’s
growth
Is one of the longest documents in recorded history, with 7,000 words in the preamble
alone
Was written after George Washington was in office
4.
Popular sovereignty means that:
A. Political power resides in the people, and leaders can govern only with the consent of
the governed
B. The King must be voted into office instead of the crown being passed down from
father to son
C. The court can determine the constitutionality of a governmental action
D. The government is above the law
5.
The Constitution of the United States is based on six main principles, among
which are:
A. Federalism, judicial review, limited government
B. Checks and balances, popular sovereignty, separation of powers
C. Both A and B
D. Neither A nor B
6.
Separation of powers means that the government is separated among three
distinct and independent branches of the government, which are:
A. Democrats, Republicans, and Independents
B. Legislative, executive, and judicial
C. President, House, and Senate
D. Early historic, current, and future
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7.
The framers of the Constitution firmly believed that:
A. Great Britain would support its decision to split politically
B. The exercise of governmental power must be restrained to prevent its abuse
C. The words of the Constitution would be updated every 50 to 100 years as the nation
grew
D. Political parties were the answer to limiting government power and keeping the nation
united
8.
A.
B.
C.
D.
9.
A.
B.
C.
D.
10.
A.
B.
C.
D.
Which is true about Amendments to the Constitution?
There are hundreds of them, too numerous to name and too difficult to keep track of
There are formal and informal processes to ratify an Amendment
They must be proposed by a national convention called by Congress
None of the above
Federalism is:
The preferred government of most free countries, except the U.S.
Only in existence in Communist countries
The division of power among a central government and several regional governments
Thought to have been created by Great Britain and hated by the framers of the
Constitution
Checks and balances means:
If you keep money in your account, you can keep writing checks
If one country builds an atomic bomb, other countries can build an atomic bomb
Most of the branches of government can see what other branches are doing, but they
cannot do anything to stop it
Each of the three branches of government is subject to constitutional restraints by the
other branches
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DEVELOPMENT OF THE CONSTITUTION QUIZ KEY
1. D
2. C
3. A
4. A
5. C
6. B
7. B
8. B
9. C
10. D
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Name_______________________________________
Date_______________________________
Discussion Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
9
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
10
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
11
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Name:____________________________________
Date:_____________________________
Role Play Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
12
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