Unit II
23 days
SECTIONS
Foundations of American Government
1.
2.
3.
4.
Our British Political Heritage (4 Days)
The Declaration of Independence (3 Days)
The Constitution (10 Days)
Federalism (6 Days)
Enduring understandings
 Various political philosophies shaped the development of the United States’
constitutional government.
 Rule of law, popular sovereignty, separation of powers, checks and balances, and
federalism are the fundamental principles upon which the United States
Constitution is based.
Key Vocabulary:
3/5ths Compromise Anti‐Federalists Articles of Confederation checks and balances concurrent powers Constitutional Convention cooperative federalism dual federalism enumerated powers equality under the law
exclusive powers federalism Federalists limited government natural rights popular sovereignty reserved powers rule of law separation of powers Shay's Rebellion Social Contract Theory sovereignty The Federalist papers The Great Compromise Virginia Plan Thematic Focus: Limited Government
 How does the language of the Constitution embody the principles of limited government?
Georgia Performance Standards
SSCG1 The student will demonstrate knowledge of the political philosophies that shaped the
development of United States constitutional government.
a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the Petition of
Rights, and the English Bill of Rights.
b. Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and Montesquieu (The
Spirit of Laws) as they affect our concept of government.
SSCG2 The student will analyze the natural rights philosophy and the nature of government expressed in
the Declaration of Independence.
a. Compare and contrast the Declaration of Independence and the Social Contract Theory.
b. Evaluate the Declaration of Independence as a persuasive argument.
SSCG3 The student will demonstrate knowledge of the United States Constitution.
a. Explain the main ideas in debate over ratification; include those in The Federalist.
b. Analyze the purpose of government stated in the Preamble of the United States Constitution.
c. Explain the fundamental principles upon which the United States Constitution is based; include the rule of
law, popular sovereignty, separation of powers, checks and balances, and federalism.
1
SSCG4 The student will demonstrate knowledge of the organization and powers of the national
government.
a. Describe the structure and powers of the legislative, executive, and judicial branches.
b. Analyze the relationship between the three branches in a system of checks and balances and separation of
powers.
SSCG5 The student will demonstrate knowledge of the federal system of government described in the
United States Constitution.
a. Explain the relationship of state governments to the national government.
b. Define the difference between enumerated and implied powers.
c. Describe the extent to which power is shared.
d. Identify powers denied to state and national governments.
e. Analyze the ongoing debate that focuses on the balance of power between state and national governments.
f. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of
the land.”
Prerequisites:
In their 8th grade social studies class students learned the following standards:
SS8H3 The student will analyze the role of Georgia in the American Revolution.
a. Explain the immediate and long-term causes of the American Revolution and their impact on Georgia;
include the French and Indian War (Seven Years War), Proclamation of 1763, Stamp Act, Intolerable Acts, and
the Declaration of Independence.
b. Analyze the significance of people and events in Georgia on the Revolutionary War; include Loyalists,
patriots, Elijah Clarke, Austin Dabney, Nancy Hart, Button Gwinnett, Lyman Hall, George Walton, Battle of
Kettle Creek, and siege of Savannah.
SS8H4 The student will describe the impact of events that led to the ratification of the United States
Constitution and the Bill of Rights.
a. Analyze the strengths and weaknesses of both the Georgia Constitution of 1777 and the Articles of
Confederation and explain how weaknesses in the Articles of Confederation led to a need to revise the Articles.
b. Describe the role of Georgia at the Constitutional Convention of 1787; include the role of Abraham Baldwin
and William Few, and reasons why Georgia ratified the new constitution.
Connections:


Literature and Composition: Parent-Child Relationships compare relationship of
colonies to Great Britain and why Declaration of Independence was written.
(“Two Kinds” pages 89-95 in 9th grade lit textbook)
Literature and Composition: Personal Conflict, a young woman is conflicted
about wanting to escape and wanting to stay connected to her home community.
(The House on Mango Street). Compare to the North American colonies and the
dilemma of whether or not to separate from Great Britain.
2
Unit II
23 days
Foundations of American Government
Culminating Unit Assessment
Enduring understandings
 Various political philosophies shaped the development of the United States’
constitutional government.
 Rule of law, popular sovereignty, separation of powers, checks and balances, and
federalism are the fundamental principles upon which the United States
Constitution is based.
Thematic Focus: Limited Government
 How does the language of the Constitution embody the principles of limited government?
Culminating Unit Assessment Suggestions
 Students can create a primetime newscast that reflects their mastery of the enduring understandings
and standards presented in the unit. Require that students have 3 stories and 1 commercial in their
newscast. You might also require that students use the essential questions and vocabulary of the
unit to guide them in choosing the appropriate content for their newscast.
 Students can create a photo essay to demonstrate their understanding of the standards presented in
the unit. Using the enduring understandings as a guide, students can choose 10 photos that illustrate
the important concepts of the unit. Each photo should include a caption that identifies the concept
and explains its significance.
 Have students write and perform an original song that reflects the enduring understandings of the
unit.
Resources:
 Use http://rubistar.4teachers.org/index.php to find ready to use rubrics for performance assessments
or customize an existing rubric to fit your needs.
3
Unit II
Foundations of American Government
Section 1
Our British Political Heritage (4 Days)
Essential Teaching Elements
AIM 1: How are the ideas of limited government and the rule of law expressed in the Magna
Carta, the Petition of Rights, and the English Bill of Rights?
GPS Standard: SSCG1 The student will demonstrate knowledge of the political
philosophies that shaped the development of United States constitutional government.
a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the
Petition of Rights, and the English Bill of Rights.
Core Text: Holt, Magruder’s: American Government 28-30; 65-66 (rule of law)
Vocabulary: limited government, rule of law
Instructional Points to Teach:
Discussion Questions:
 Limited government is the idea that
 What is limited government?
the government is restricted in what it
 What is the rule of law?
can do and that every person has
 How are the ideas of limited
certain rights that the government
government and the rule of law
cannot take away.
expressed in the Magna Carta, the
Petition of Rights, and the English
 The rule of law is the idea that
Bill of Rights?
government and officials are also
subject to the law.
 The Magna Carta challenged the
absolute power of the king, the
Petition of Right established the rule
of law for the English monarchy, and
the English Bill of Rights further
restricted the government’s ability to
ignore certain individual rights.
Differentiation Strategies
Performance Expectation: Students will use primary and secondary sources to analyze the ideas of
limited government and the rule of law along with their influence on the development of the U.S.
government. (IPS 6)
Accelerated Students: Students will write a speech to persuade Congress to institute a
national holiday commemorating the role of the Magna Carta, the Petition of Right, and the
English Bill of Rights in shaping our government. The speech should be a minimum of
three paragraphs. For each British document, students should do the following: 1) describe
the document; 2) identify two principles from the document that can be found in our
Constitution today; and 3) explain why these principles are important for citizens to know
about. Refer students to the chart on page 29 in their book and page 30 for help. Students
can write the speech for homework. On the following day, have students read their
speeches in groups of four. Each group should choose the best speech to be read to the class.
The class can then vote on the most persuasive speech.
English Language Learners: Guide students in completing a chart that outlines the main
principles from the Magna Carta, the Petition of Right, and the English Bill of Rights that
are found in our government. Review the definitions of limited government and the rule of
law. Have students decide if each principle is an example of limited government or the rule
of law. Use the chart attached or refer to the chart on page 29.
4
Less Proficient Learners: See ELL strategy above. In addition to completing the chart,
students can use the information they have gathered to complete the strategy suggested for
Accelerated Students. One way to do this would be to complete the chart as a class and then
assign the speech for homework.
Additional Instructional Suggestions:
 Concentric Circle Discussion: Have the students write a key element from
one of the major historical documents, such as Magna Carta, Petition of
Rights, English Bill of Rights, on a 3x5 card. Then have the students form
2 circles one in side of the other. The two circles should face each other.
Tell the inner circle to read their statement to the outer circle. Then the
outer circle should read their statement to the inner circle. Once both
people have read, instruct the outer circle to move to the right one person.
This should continue until the outer circle returns to their starting point.

Anticipation Guide: Distribute the anticipation guide for chapter 2,
section 1 to the students (see attached). Instruct them to answer only the questions in
section A. They are to read each statement and mark an A if they agree with the
statement or a D if they disagree with the statement. They should
mark their opinions based on their first impressions. This part should not
take longer than 10 minutes. Once the material from chapter 2 section 1
has been presented, ask the students to reread the 10 statements from
section A. In section B they will mark an S if there was support given to
prove the corresponding statement correct. If there was no support, the
students will mark NS and rewrite the corresponding statement so that it
becomes true.
Resources
Section B Answer Key: 1) NS, 2) S, 3) S, 4) NS, 5) S, 6) NS, 7) S, 8) S, 9) S, 10)NS




Transparency 10 in teacher ancillaries.
Visual Learning Transparency 109
Unitedstreaming.com: The High Middle Ages segment 6: The Magna
Carta: Limits King's Power and Lays Groundwork for Representative
Government (03:05) located at
http://www.unitedstreaming.com/search/assetDetail.cfm?guidAssetID=1F
DEEB30-A5F0-410F-9140-34CA7E6C484F
Presentation Pro PowerPoint: Chapter 2 section 1
5
British
Document
Description
List and define
one principle
from this
document that is
also found in
our government.
The Magna
Carta
The Petition of
Right
The English Bill
of Rights
6
Why is the
principle
important for
citizens to know
about?
Is the principle an
example of limited
government or the
rule of law?
Anticipation Guide:
Chapter 2: Origins of American Government
Section 1: Our Political Beginnings
Section A: Read each statement carefully. Once you have read a statement decide if you agree
with the statement, think that it is correct, or whether you disagree with the statement. If you
agree with the statement, place an A on the line next to the question number. If you disagree with
the statement place a D on the line next to the question number. Work only in section A, and do
not continue to section B until you are told to do so.
_____1) The American Political system was based entirely on British tradition and rule.
_____2) The concept of limited government is based on the idea that power should be shared
between multiple agencies and individuals.
_____3) King John signed the Magna Carta that limited the power of the monarchy in 1215.
_____4) The idea that people should be tried by a “jury” or panel of their peers was guaranteed
under the Magna Carta.
_____5) Each colony was established under the order of the king through a document known as a
charter.
_____6) Each colonial government was ruled directly by the king with no other influence seen.
_____7) Proprietary colonies were sold to individuals with the permission of the king.
_____8) The legislatures seen in the Proprietary colonies were a mix of unicameral and
bicameral.
_____9) A charter colony is one in which the land is given to the colonists themselves to govern
for the most part as they please.
____10) Connecticut and Rhode Island had extremely conservative charters that needed massive
revision after independence was won.
Section B: To complete this section reread the above statements. Having read or been given
notes on Chapter 2 section 1 decide if there was textual support for the statements. If there was
support place an S on the line next to the number. If there was not support in the text place an NS
on the line and rewrite the statement so that it become true.
_____1) ________________________________________________________________
_____2) ________________________________________________________________
_____3) ________________________________________________________________
_____4) ________________________________________________________________
_____5) ________________________________________________________________
_____6) ________________________________________________________________
_____7) ________________________________________________________________
_____8) ________________________________________________________________
_____9) ________________________________________________________________
____10) ________________________________________________________________
7
Unit II
Foundations of American Government
Unit Question: What political philosophies shaped the development of the United
States constitutional government?
Section 1
Political Philosophies (4 days)
Essential Teaching Elements
AIM 1: How did the writings of Hobbes, Locke, and Montesquieu affect our concept of
government?
GPS: SSCG1 The student will demonstrate knowledge of the political philosophies that
shaped the development of United States constitutional government.
b. Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and
Montesquieu (The Spirit of Laws) as they affect our concept of government.
Core Text: Holt, Magruder’s: American Government 7-8; 11
Vocabulary: Social Contract Theory, separation of powers, equality under the law
Instructional Points to Teach:
Discussion Questions:
 Both Hobbes and Locke wrote about
 According to Hobbes and Locke,
Social Contract Theory which is the
why do people submit to
idea that people will give up liberty
government?
and submit to government in
 How did Hobbes and Locke define
exchange for order and protection
limited government?
because without government there is
 In what circumstance does Locke
only a chaotic state of war.
believe people have the right to
Hobbes also wrote about the idea
overthrow their government and
that everyone should be treated
create a new one?
equally under the law.
 According to Montesquieu, why
 Hobbes and Locke further wrote that
was the separation of powers
government was limited to doing
important?
only those things that benefitted the
people.
 Locke concluded that when the
government started to use their
power to harm the people, the people
then had the right to abolish that
government and create a new one.
 Montesquieu believed that in order
to limit the power of the government,
authority should be divided among
three groups of officials so that one
would not have more power than the
other.
Performance Expectation: Students will use primary sources to analyze how the writings of Hobbes,
Locke, and Montesquieu affect our concept of government. (IPS 6)
8
Differentiation Strategies
Resources
Accelerated Students: Provide students with excerpts from each of the political writings
named in the standard (see listed resources for suggestions). The reading should contain
2-3 paragraphs from each writing. For each paragraph in the reading do the following: 1)
Have students read the paragraph individually; 2)Once they finish students should
underline the main idea being conveyed; 3)Students should then re-write the main idea in
their own words; 4) Finally, have the students write a brief explanation of how this idea
impacts our government. Once complete, discuss each paragraph as a class so that
everyone has a shared understanding of the important ideas. Follow up the
reading/discussion activity with a short paper where students answer the AIM question
(essential question). Require students to use the vocabulary words listed above and
provide evidence from each writing to support their response.
English Language Learners: Use the handouts attached to complete the following
activity. Teach students the basic meaning of each of the vocabulary concepts listed
above. This can be achieved through a short lecture. Have students then provide
examples of each of the concepts. Next, using the quotes provided, analyze the meaning
of each as a class. After discussing each quote, have students write it in their own words
and explain its significance to our government. To close out the activity, have the
students answer the AIM question in 1-2 paragraphs. Require that students use at least 2
of the quotes from the activity in their response.
Less Proficient Learners: Divide students into groups of 4. Using the quotes provided,
randomly assign each group 3 quotes. It’s okay if the same quote is assigned to more
than one group as long as all the quotes are covered. Then, as a group, have students
complete the activity listed above for accelerated students with the following
adjustments. Give each group a certain amount of time to finish 1-4 from the activity
above for all 3 of their quotes. Then discuss all of the quotes as a class to make sure
everyone understands the ideas and their influence on our government. Finally, as a class
or individually, have students identify which of the vocabulary concepts fits with each
quote.
Additional Instructional Suggestions: Visit http://youthleadership.net to find several
ready to use lessons plans on Hobbes, Locke, and Rousseau. Signing up for the website
is free. The lesson titled The Primary Documents Detective Game discusses all 3 writers
listed above and covers the key vocabulary concepts related to this standard.
 Online versions of Leviathan can be found at
http://www.fordham.edu/halsall/mod/hobbes-lev13.html
 An online version of The Second Treatise on Government can be found at
http://www.fordham.edu/halsall/mod/1690locke-sel.html
 An online version of The Spirit of Laws can be found at
http://www.fordham.edu/halsall/mod/montesquieu-spirit.html
9
Thomas Hobbes Biography
Thomas Hobbes
(This biography was excerpted from <www.rjgeib.com/thoughts/nature/hobbes-bio.html>)
Thomas Hobbes was born in London in 1588. He received his college education at
Oxford University in England, where he studied classics. Hobbes traveled to other European
countries several times to meet with scientists and to study different forms of government.
During his time outside of England, Hobbes became interested in why people allowed
themselves to be ruled and what would be the best form of government for England. In 1651,
Hobbes wrote his most famous work, entitled Leviathan. In it, he argued that people were
naturally wicked and could not be trusted to govern. Therefore, Hobbes believed that an
absolute monarchy-a government that gave all power to a king or queen-was best.
Hobbes believed that humans were basically selfish creatures who would do anything to
better their position. Left to themselves, he thought, people would act on their evil impulses.
According to Hobbes, people therefore should not be trusted to make decisions on their own. In
addition, Hobbes felt that nations, like people, were selfishly motivated. To Hobbes, each
country was in a constant battle for power and wealth. To prove his point, Hobbes wrote, "If men
are naturally in a state of war, why do they always carry arms and why do they have keys to
lock their doors?"
Governments were created, according to Hobbes, to protect people from their own
selfishness and evil. The best government was one that had the great power of a leviathan, or sea
monster. Hobbes believed in the rule of a king because he felt a country needed an authority
figure to provide direction and leadership.
10
Study Guide: Thomas Hobbes
Please read the following excerpts taken from Thomas Hobbes’ Leviathan and rewrite them
in your own words.
.
1. “For the laws of nature (as justice, equity, modesty, mercy, and in sum, doing to others as
we would be done to) of themselves, without the terror of some power, to cause them to be
observed, are contrary to our natural passions, that carry us to partiality, pride, revenge and
the like”.
2. “During the time men live without a common power to keep them all in awe, they are in
that conditions called war; and such a war, as if of every man, against every man…To this
war of every man against every man, this also in consequent; that nothing can be unjust. The
notions of right and wrong, justice and injustice have there no place. Where there is no
common power, there is no law, no injustice”.
3. “The safety of the People, requireth further, from him, or them that have the Sovereign
Power, that Justice be equally administered to all degrees of People, that is, that as well the
rich and mighty, as poor and obscure persons, may be righted of the injuries done them . . . "
4. “Unnecessary laws are not good laws, but traps for money.”
The biography and quotes used in this handout were obtained from the lesson titled Thomas Hobbes from the University of Virginia’s
Center for Politics Youth Leadership Initiative.
11
John Locke Biography
John Locke was born in Bristol, England, on August
29, 1632. Locke's father was an
attorney who collected taxes from seaport towns. He
wanted his son to become a minister, but
Locke rejected this and studied medicine. Locke
entered Oxford University in England and was
influenced by John Owen, Dean of Christ Church
College. It was Owen who first introduced
Locke to the idea of religious freedom and the idea that
people should not be punished for having
different views of religion. Locke believed that all
sides had the right to be heard. Moreover, he
felt that all conflicts could be solved if the two could
settle their differences by seeking a middle
ground and compromise.
John Locke wrote two treatises of government in 1690.
In these treatises he said that the
government should be like a contract or agreement
between the people and the ruler. The ruler is
given the power to govern the country as long as he
doesn't abuse his position. In brief, Locke
argued that sovereignty did not reside in the state but
with the people, and that the state is
supreme, but only if it is bound by civil and what he
called "natural" law. If the ruler didn't keep
the contract, the people could overthrow the
government. Locke also believed that the people
were entitled to natural rights such as life, liberty and the protection of their property. Many of
Locke's political ideas, such as those relating to natural rights, property rights, the duty of the
government to protect these rights, and the rule of the majority, were later embodied in the U.S.
Constitution.
Excerpted from: http://www.rjgeib.com/thoughts/constitution/locke-bio.html
12
Study Guide: A Key to John Locke
Please read the following excerpts taken from John Locke’s Second Treatise on Government and
then re-write them in your own words.
1. “The state of nature has a law of nature to govern it, which treats everyone equally.
…[B]eing equal and independent, no one ought to harm another in his life, health or
possessions”.
2. “We have reason to conclude that all peaceful beginnings of government have been laid
in the consent of the people.”
3. “The old [traditions] are apt to lead men into mistakes, as this [idea] of [fatherly] power’s
probably has done, which seems so [eager] to place the power of parents over their
children wholly in the father, as if the mother has no share in it. Whereas if we consult
reason or [the Bible], we shall find she has an equal title.”
4. “Whensoever...the [government] shall…put into the hands of any other an absolute
power over the lives, liberties, and estates of the people, by this breach of trust they
forfeit the power [of] the people…who have a right to resume their original liberty, and
by the establishment of the new [government] provide for their own safety and security.”
The biography and quotes used in this handout were obtained from the lesson titled The Key to John Locke from the University of
Virginia’s Center for Politics Youth Leadership Initiative
13
Jean-Jacques Rousseau
1712 – 1778
(Excerpted from The Search for Order: Landmarks of World Civilizations, Vol. 2 by Marc Anthony Meyer and from
The Democracy Reader Edited by Diane Ravitch and Abigail Thernstrom)
Jean Jacques Rousseau was born in Switzerland, an orphan. After working as an
apprentice engraver, he eventually ran away to Paris where he earned his living as a music
teacher. In 1750 he won an essay competition for The Discourse on the Sciences and the Arts
and his intellectual career began. Like many French philosophes, he was a vehement critic of the
social and political order of his day. In 1762 Rousseau published The Social Contract, a
masterwork of political science that describes a just society in which liberty and legality are
drawn from what he terms the general will. According to Rousseau, a society consists of a
collection of free and rational beings living in a given community. It is the collective action of
this group that determines its contribution to social development and to humanity. Since only
those individuals who are free and equal under the law can enter into a contract to form the
general will, the general will becomes the moral force or authority, and in turn, the final arbiter
of right and wrong.
14
Study Guide: Right on Rousseau!
Please read the following excerpts taken from Jean Jacques Rousseau’s The Social Contract and
then re-write them in your own words in the space provided.
1. “Man is born free, and everywhere he is in chains. Many a one believes himself the
master of others, and yet he is a greater slave than they.”
2. “I …regard the establishment of the political body as a real contract between the people
and the chiefs chosen by them: a contract by which both parties bind themselves to
observe the laws therein expressed, which form the ties of their union.”
3. “The social compact establishes among the citizens such an equality that they all pledge
themselves under the same conditions and ought all to enjoy the same rights.”
4. “The first man who enclosed a plot of ground and thought of saying, ‘This is mine’, and
found others stupid enough to believe him, was the true founder of civil society.”
The biography and quotes used in this handout were obtained from the lesson titled Right on Rousseau! from the University of
Virginia’s Center for Politics Youth Leadership Initiative.
15
Unit II
Section 2
Foundations of American Government
The Declaration of Independence (3 days)
Differentiation Strategies
Essential Teaching Elements
AIM 1: How is the natural rights philosophy and the Social Contract Theory expressed in
the Declaration of Independence?
GPS: SSCG2 The student will analyze the natural rights philosophy and the nature of
government expressed in the Declaration of Independence.
a. Compare and contrast the Declaration of Independence and the Social Contract Theory.
Core Text: Holt, Magruder’s: American Government pp. 34-44
Vocabulary: natural rights, Social Contract Theory
Instructional Points to Teach:
Discussion Questions:
 John Locke believed that all
 What are natural rights?
people were born with certain God
 What is the Social Contract
given rights which he called
Theory?
natural rights.
 How is the Declaration of
 The Social Contract Theory states
Independence similar to Locke’s
that government can only exist by
idea of natural rights and the Social
the consent of the governed. Once
Contract Theory?
government begins to abuse its
power and injure the people, the
people have the right to dissolve
that government and create a new
one.
 The Declaration of Independence
borrows the concept of natural
rights and the idea Social Contract
Theory.
Performance Expectation: Students will compare and contrast the Declaration of Independence and
the Social Contract Theory. (IPS 1)
Accelerated Students: Provide students with a copy of the Declaration of
Independence. Have them use two different colors. Have the students read through the
document and use the first color to underline passages that relate to natural rights. They
should use the second color to underline passages that relate to the Social Contract
Theory. Students should then create a visual representation of four ideas the Declaration
of Independence shares with natural rights philosophy and the Social Contract Theory.
English Language Learners: See the lesson attached.
Less Proficient Learners: See the lesson attached.
Additional Instructional Suggestions:
 Discuss with students the characteristics of the natural rights philosophy and the
Social Contract Theory. Next, discuss the characteristic of the Declaration of
Independence. Independently or with a partner, students should use these
characteristics to create a 3-way Venn Diagram where they compare the natural
rights philosophy, the Social Contract Theory, and the Declaration of
Independence.
16
Resources



The lesson titled “An Expression of the American Mind”: Understanding the
Declaration of Independence found at the National Endowment of the
Humanities website EdSitement contains a detailed lesson plan that traces the
ideas of the Declaration of Independence to Locke and Social Contract Theory.
The lesson is complete with all the necessary materials including readings,
graphic organizers, and a teacher guide.
Unitedstreaming.com has a short video titled Declaration of Independence: A
Foundation of Ideas for a New Age that can be used as an introduction to the
Declaration of Independence.
The National Archives has a collection of images, articles, and links regarding
the Declaration of Independence at http://www.archives.gov/exhibits/charters/.
17
Lesson for Unit II Section 2 AIM 1 (adapted from ScoPE site lesson plan)
Materials:
Student Resources
• Lesson 1: Why Do We Need a Government? The Center for Civic Education. 14 Nov.
2006 <http://www.civiced.org/wtp_ms01_sb.php>.
Teacher Resource
• Brenneman, Kerri. “Declaration of Independence: Student Worksheet.” Supplemental
Materials (SS08010101.doc). Teacher-made material. Waterford, MI: Oakland Schools,
2007.
• Cababe, Louise, Ed. U.S. History: Beginnings to 1876. Rocky River, OH: The Center for
Learning, 1997. 55, 61-62, 73-76.
• The Declaration of Independence. The Library of Congress. 7 Mar. 2006. 14 Nov. 2006
<http://www.loc.gov/rr/program/bib/ourdocs/DeclarInd.html>.
Procedures:
Begin the lesson by posing the following questions to the class: What would life be like if
there were no government or laws that regulated the behavior of people? What if people
could do whatever they pleased? Ask the class to imagine what life would be like if such a
situation existed. It may be helpful to divide the class into small groups of four or five
students each to examine this situation. After several minutes, have the groups report their
discussions to the class.
Explain to students that many years ago, philosophers examined this same question. They
called this situation “a state of nature.” John Locke, a natural rights philosopher from
England, hypothesized that in a state of nature, the strong would take advantage of the weak.
The weak would group or band together to become more powerful than the strong
individuals. In essence, life would be a constant state of war.
Distribute copies of the Declaration of Independence to each student or refer students to the
text of the Declaration in their textbooks. As a class, read through the Declaration of
Independence.
Make copies “The Declaration of Independence: Student Worksheet” located in the
Supplemental Materials. Distribute a copy of the sheet to each student. Divide students into
groups of two or three students each. Have students work in the small groups to answer the
questions on the worksheet.
After providing time for the small groups to complete the worksheet, discuss students’
responses as a class. As a class discuss the following questions:
• Were the grievances listed in the Declaration of Independence the causes of the
American Revolution? Have students explain their answers.
• What were the five most important causes of the American Revolution? Justify your
responses.
Teacher note: To provide students with a review of the causes of the American Revolution,
see Unit I Supplemental Materials.
Next, explain to the class that they are going to examine the Declaration of Independence
from two important perspectives. Explain the social contract theory of government and
natural rights philosophy to the class. These two beliefs about government formed the
18
foundation of the colonists’ beliefs that they had a right to rebel against the King of England.
They also set the foundation for civic life, politics and government in the United States. The
natural rights philosophy is built on the premise that everyone is equal in that each person
has a right to life, liberty, and property. These are rights to which all people are entitled,
irrespective of social class or lineage. The social contract theory of government holds that
governments arise from agreements among people. It states that people are willing to give up
some of their individual rights in order for a government to protect some of their natural
rights. Write the definitions of natural rights philosophy and social contract theory on the
board or overhead transparency.
Divide students into groups of three or four students each. Have students reexamine the
Declaration of Independence for evidence of both the social contract theory of government
or natural rights philosophy. Have student the groups share their findings with the class.
Discuss the following questions with the class:
• What was the transition that moves thought from a state of nature without government
and elimination of tyranny as expressed in the Declaration of Independence?
• Who was the intended audience of the Declaration of Independence? Discuss with the
class that the Declaration of Independence was not written exclusively to the King of
England. It was a political document written with the intent to win support from several
European governments.
• What role does the concept of limited government play in the Declaration of
Independence?
• What role does the concept of popular sovereignty play in the Declaration of
Independence?
Closure:
Have students write a reflective narrative that considers one of the following questions:
• Is it ever permissible for people to rebel against their government? Explain when it may
and may not be permissible.
• Are there other rights you would consider natural rights or inalienable rights? Explain
your answer.
 How do the natural rights philosophy and the social contract theory of government
influence life in the United States today? Explain your answer.
\
Assessment/Homework: Collect reflective narrative as students leave class
_______________________________________ Date
19
Declaration of Independence: Student Worksheet
Answer the following questions using the Declaration of Independence.
1. What was the purpose of the Declaration of Independence? (Paragraph 1)
2. Identify the three natural or unalienable rights of individuals (written in the 1776
context as men) as stated in the Declaration of Independence? (Paragraph 2)
a. ___________________________________________________________________
b. ___________________________________________________________________
c. ___________________________________________________________________
3. According to the Declaration of Independence, from whom do governments get their
power? (Paragraph 2)
4. According to the Declaration of Independence, what should people do when the
government abuses its power? (Paragraph 2)
5. List 10 of the grievances by colonist that are identified in the Declaration of
Independence. (Hint: There are a total of twenty-eight.)
a. __________________________________________________________________
b. __________________________________________________________________
c. __________________________________________________________________
d. __________________________________________________________________
e. __________________________________________________________________
f. __________________________________________________________________
g. __________________________________________________________________
h. __________________________________________________________________
i. __________________________________________________________________
j. __________________________________________________________________
6. What did the signers of the Declaration of Independence want to do?
7. What was the compact or pledge of the signers?
20
Declaration of Independence: Answer Guide
Answer the following questions using the Declaration of Independence.
1. What was the purpose of the Declaration of Independence? (Paragraph 1)
The purpose of the Declaration of Independence was to explain the reasons why the
colonists wanted to break free from rule under the British government.
Teacher note: The introduction dignifies the Revolution as a contest of principle. It
implies that the American cause has a special claim to moral legitimacy, yet does not
mention England or America by name. Since the purpose of the Declaration was
simply to “declare”--to announce publicly in explicit terms--the “causes” impelling
America to leave the British empire, it gives the reader a sense of objectivity that it
will seek to maintain throughout. Rather than presenting one side in a public
controversy on which good and decent people could differ, the Declaration purports
merely to report the causes to the reader. The Declaration centers the issue as one of
observation, rather than interpretation.
2. Identify the three natural or unalienable rights of individuals (written in the 1776
context as men) as stated in the Declaration of Independence? (Paragraph 2)
a. Life
b. Liberty
c. The pursuit of happiness
3. According to the Declaration of Independence, from whom do governments get their
power? (Paragraph 2)
Governments get their power from the people. Since all people have the rights listed
in question 2 (the unalienable rights), people agree to form governments to protect
their rights to life, liberty, and the pursuit of happiness.
4. According to the Declaration of Independence, what should people do when the
government abuses its power? (Paragraph 2)
When government violates the natural or inalienable rights of its citizens, it is the
citizens’ duty to abolish the government and create a new one.
Teacher note: One scholar explained the argument in paragraph 2 as follows:
Major premise: When government deliberately seeks to reduce the people under
absolute despotism, the people have a right, indeed a duty, to alter or
abolish that form of government and to create new guards for their
future security.
Minor premise: The government of Great Britain has deliberately sought to reduce
the American people under absolute despotism.
Conclusion: Therefore the American people have a right, indeed a duty, to
21
abolish their present form of government and to create new guards
for their future security.
5. List 10 of the grievances by colonist that are identified in the Declaration of
Independence.
Some possible answer include that the King:
a. Refused to approve laws when they were needed
b. Forbid Governors to pass laws until the King approved them, and he ignored
these requests for new laws
c. Refused to pass laws for the people unless they gave up their right to
representation in Parliament
d. Tried to control colonial legislatures, including closing some (Massachusetts)
e. Made colonial legislatures meet in uncomfortable surroundings
f. Prevented the election of new legislators when other he dissolved existing ones.
g. Obstructed justice by refusing to have a judiciary
h. Refused to let settlers move west
i. Prevented justice by making judges dependent upon the king for their jobs and
pay
j. Sent officers (custom officials) to harass the people.
k. Quartered armed troops
l. Protected his troops from being held accountable for crimes against the
colonists
m. Took away charters and abolished colonial laws
n. Made his military independent and superior to civil power
o. Cutting off trade by blockading colonial ports
p. Taxed colonists without representation in Parliament
q. Deprived colonists of trials with a jury
r. Waged war against the colonists by robbing ships and attacking and burning
towns
s. Hired of soldiers to fight in the colonies
t. Forced internal revolts in the colonies
6. What did the signers of the Declaration of Independence want to do?
They wanted the colonies to break free from British rule. The signers wanted the
colonies to be recognized as Free and Independent States. They wanted to free the
colonies and colonists from British rule and get rid of all political connections
between the colonists and Great Britain. As Free and Independent States, they wanted
the colonies to have full Power to levy War, conclude Peace, contract Alliances,
establish Commerce, and to do all other things that independent countries can do.
7. What was the compact or pledge of the signers?
They pledged their lives, fortunes, and honor to each other in exchange for support of
the Declaration.
22
Unit II
Section 3
Foundations of American Government
The Declaration of Independence (3 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 2: Is the Declaration of Independence a good persuasive argument?
GPS: SSCG2 The student will analyze the natural rights philosophy and the nature
of government expressed in the Declaration of Independence.
b. Evaluate the Declaration of Independence as a persuasive argument.
Core Text: Holt, Magruder’s: American Government, pp. 34-44
Vocabulary: ethical values
Instructional Points to Teach:
Discussion Questions:
 The elements of a good
 What are the elements of a good
persuasive argument include
persuasive argument?
a clear position plus the use
 How would you rate the Declaration of
of emotion, facts, and
Independence s a persuasive argument?
ethical values to convince
people that action is
necessary.
 The Declaration of
Independence was written as
a persuasive argument to the
King of England.
Performance Expectation: Students will evaluate the Declaration of Independence as a persuasive
argument.
Accelerated Students: Provide students with an outline of the elements found in good
persuasive writing. These can be easily found on the Internet. Students should then
create an outline of the Declaration of Independence and evaluate whether or not it is a
good persuasive argument. In a 1-2 page analysis, have students write their own
persuasive argument using the AIM question as a prompt. Students should make sure
their writing follows the same criteria for good persuasive writing as they used to
evaluate the Declaration of Independence. Alternately, you could use the activity to
structure a class debate. Instead of letting students decide for themselves, randomly
assign each person as a “no” responder or a “yes” responder. Students would prepare
for the debate by writing a position paper similar to the one described above.
English Language Learners: Read through the Declaration of Independence as a
class stopping at several points to clarify the meaning of the passages. Students should
record their understanding of the document each time you stop. Once students have a
basic understanding of the document follow up with the activity suggested for Less
Proficient Learners.
Less Proficient Learners: Go over the elements of persuasive writing as a class.
Have students create a checklist of the elements. Together, or in groups, students will
read the Declaration of Independence and check off the elements as they see them.
Also have students underline evidence of each element. At the end of the activity,
students should decide whether they would give the Declaration of Independence an A,
B, C, or F based on their checklists. Discuss as a class or have students explain their
choice in a short writing response.
23
Resources
Additional Instructional Suggestions:
 To use their skills in constructing persuasive arguments, have students write and
perform a commercial in which their goal is to “sell” the ideas of the
Declaration of Independence to American colonists who are loyal to the British
crown. Their commercial should include how the Declaration includes the ideas
of natural rights, the Social Contract, and limited government. Assess students
on their ability to incorporate these ideas and use the elements of a persuasive
argument.
 Use this interactive virtual Declaration of Independence to help students
understand the language of the document. It contains in text links to difficult
vocabulary as well as quizzes on each section of the document. Very student
friendly. http://www.mcwdn.org/dof/doihome.html
 Text of the Declaration of Independence can be found at
http://www.ushistory.org/declaration/document/index.htm
24
Unit II
Section 3
Foundations of American Government
The Constitution (10 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 1: Why was the Constitutional Convention necessary?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
a. Explain the main ideas in debate over ratification; include those in The Federalist.
Core Text: Holt, Magruder’s: American Government, pp.44-47
Vocabulary: Articles of Confederation, Shay’s Rebellion
Instructional Points to Teach:
Discussion Questions:
 The Articles of Confederation was the
 What events prompted the
compact among the 13 states and were
Constitutional Convention?
in effect for more than 3 years.
 What were the weaknesses of
the Articles of Confederation?
 An uprising in Massachusetts called
Shay’s Rebellion revealed weaknesses
in the Articles of Confederation.
 Some of the weaknesses in the Articles
of Confederation include the inability
of the national government to levy
taxes, maintain a standing army,
regulate trade, and coin money.
 In 1786 a convention was convened to
review the Articles of Confederation
now known as the Constitutional
Convention.
Performance Expectation: Students will determine the cause/effect relationship among events
leading up to the Constitutional Convention of 1786.
Accelerated Students: Students will hold their own Constitutional Convention.
Divide students into 13 pairs/groups each group will represent each state’s interest at
the Constitutional Convention. Have students research each state’s delegation to find
out their position regarding the Articles of Confederation and other issues presented at
the Constitutional Convention. Students can create a short position paper to help
organize their thoughts.
English Language Learner: Use a guided lecture format to discuss with students the
weaknesses found in the Articles of Confederation. Use a T-chart format showing
before and after the Constitutional Convention to help students organize their thoughts.
Once done, have students write a newspaper report as if they attended the conference
and were reporting back to Georgia the decisions and outcomes of the convention.
Less Proficient Learners: See lessons above.
25
Additional Instructional Suggestions:
 A complete lesson plan on the Constitutional Convention including reading
materials and detailed guidelines can be found on the Library of Congress
website at
http://myloc.gov/Education/LessonPlans/Pages/lessonplans/constitution/index.a
spx

Resources

Use the PowerPoint presentation titled Weaknesses in the Articles of
Confederation located at http://government.pppst.com/articles.html to facilitate
a guided lecture. Alternately, print out the presentation and give it to students
the night before in preparation for teaching this standard.
Several resources and documents regarding the Constitutional Convention can
be found at http://teachingamericanhistory.org/convention/. There are several
articles that would be good for teacher background.

An online text of the Articles of Confederation can be found at
http://avalon.law.yale.edu/18th_century/artconf.asp.

The Articles of Confederation can also be found on p.793 in the textbook.
26
Unit II
Section 3
Foundations of American Government
The Constitution (7 Days)
Differentiation
Strategies
Essential Teaching Elements
AIM 2: What major issues caused debate over the ratification of the Constitution?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
a. Explain the main ideas in the debate over ratification; include those in The Federalist.
Core Text: Holt, Magruder’s: American Government, pp. 48-54
Vocabulary: Constitutional Convention, Virginia Plan, The Great Compromise, the
3/5th Compromise
Instructional Points to Teach:
Discussion Questions:
 Key debates regarding the
 What are 3 issues that were debated at
Constitution included
the Constitution Convention?
representation of large vs.
 How were these debates resolved?
small states, the
organization of the
legislature (unicameral vs.
bicameral) and the political
impact of slavery.
 The Great Compromise
provided for the
representation of the states
in a bicameral legislature.
The Senate would have
equal representation while
the House would have
representation based on
population.
 The 3/5th Compromise
stated that for representation
and taxing purposes, every 5
slaves would be counted as
3 free persons.
Performance Expectation: Students will identify the issues that caused debate over the ratification
of the Constitution. (IPS 3)
Accelerated Students: Divide students into four groups. Students will conduct a
debate regarding two of the controversial issues during the Constitutional Convention.
You will have a total of four groups. Each issue will be debated by two opposing
groups. For the issue regarding representation, assign one of the four groups to
represent large states and one to represent small states. For the issue regarding the
political impact of slavery assign one group to represent the slave holders’ interest and
one group to represent non-slaveholders. While one set of groups is debating the other
students should act as the audience, take notes, and evaluate the debating skills of the
presenting group.
English Language Learners: See the strategy below for less proficient learners.
27
Less Proficient Learners: Use a PowerPoint to introduce students to the issues that
caused debate at the Constitutional Convention (see Teacher Materials for Chapter 2
Section 4 or the presentation listed in the additional instructional strategies). As you
discuss the Virginia Plan and the New Jersey Plan have students fill out a Venn
diagram (see attached). Next discuss the 3/5th Compromise while students complete a
chart where they analyze the opposing points of view regarding the political impact of
slavery. Make sure not to tell students the solutions to these debates. Once the
introductory presentation is complete, allow students to work in groups to decide how
they would resolve each issue. Allow each group to share their plan. Once the class
has discussed the alternate solutions share with students the actual compromises that
were reached. To close the activity students should compare their solutions with the
actual solutions in a short writing as an exit ticket or ticket out of the door.
Additional Instructional Suggestions:
 Use the PowerPoint found at titled Constitutional Convention / Great
Compromise / 3/5 Compromise at http://government.pppst.com/articles.html to
create a carousel activity. Print out selected slides and post them in various
places around the room. Devise a list of questions and/or a short task for each
slide. Have students work in pairs to complete the task or question for each
slide.
Resources



TeachingAmericanHistory.org has an index to sites and articles about the
Constitutional Convention http://teachingamericanhistory.org/convention/
An online version of the Virginia Plan can be located at
www.ourdocuments.gov under 100 Milestone Documents.
A concise background on the 3/5 compromise can be found online at
http://www.digitalhistory.uh.edu/documents/documents_p2.cfm?doc=306.
It can be used for teacher background or for a student handout.
28
The Virginia Plan vs. The New Jersey Plan
The Virginia Plan-Differences
The New Jersey Plan-Differences
Similarities
29
Unit II
Section 3
Foundations of American Government
The Constitution (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 3: In what ways were The Federalist papers used to counter arguments from the
Anti-Federalists?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
a. Explain the main ideas in the debate over ratification; include those in The Federalist.
Core Text: Holt, Magruder’s: American Government, pp. 56-59; The Federalist
papers are located in the back of the textbook).
Vocabulary: The Federalist no. 10, 51, 78, Federalists, Anti-Federalists,
Instructional Points to Teach:
Discussion Questions:
 The Anti-Federalists were against a
 Why did the Antistrong national government and were for
Federalists oppose the
states’ rights.
ratification of the
Constitution?
 One of the chief reasons the AntiFederalists did not support the
 What was the purpose of
Constitution is because it lacked
The Federalist papers?
provisions to protect citizens’ individual
rights.
 The Federalist papers outline support for
the Constitution and were published to
sway support for its ratification in key
states such as New York.
Performance Expectation: Students will use primary and secondary sources to compare/contrast the
position of the Federalists and the Anti-Federalists regarding the ratification of the Constitution.
Accelerated Students: Divide students into groups of 3. Each group will read
Federalist no. 10, 51, or 78 (all 3 are located in the back of the textbook). Each student
should read their assigned article individually. Then the group should decide upon 6
major ideas presented in the reading. Provide chart paper for groups to record their
ideas. Each group should present their chart. Facilitate a discussion based on the
responses. Discuss why the Anti-Federalists might be opposed to the ideas presented in
each reading. Students can record these responses on a separate piece of chart paper or
add it to their notes.
English Language Learners: Pull one or two quotes from Federalist no. 10, 51, and
78 that best illustrate the perspective of the Federalists. Read and discuss each quote as
a class. Students should write down descriptive words that capture the intent/idea of
each quote. Next, students will draw two pictures using a quote as a caption. The first
picture should illustrate the meaning of the quote from The Federalist papers. The
second picture should capture how the Anti-Federalists might react to the quote.
Students might also create an Anti-Federalists caption for the second picture. Have
them do this for at least 3 quotes, one from each document.
Less Proficient Learners: Use the lesson above with the following adjustments. One
option is to choose the quotes ahead of time and paraphrase them using language that is
more student friendly. Alternately, provide students with a list of terms/definitions that
will help them understand the historical language of the quotes.
30
Resources
Additional Instructional Suggestions:
 Conduct a debate by dividing students into two groups. One side will represent
the Federalists and the other the Anti-Federalists. Using selected passages from
the documents on pp. 783-792. Divide each group into 3 sub-groups. Assign
each sub-group a selected passage that supports their assigned position.
Students should work in their sub-group to agree on the 4 most convincing
arguments from their passage. Then allow the larger groups to organize their
position.


Unitedstreaming.com has a short video segment entitled Background
Information about Opposition to the Ratification of the Constitution.
The PowerPoint presentation titled The Ratification Debates can be found at
http://government.pppst.com/creation.html.
31
Unit II
Section 3
Foundations of American Government
The Constitution (10 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 4: Do you agree with the purpose of government as stated in the Preamble
of the Constitution?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
b. Analyze the purpose of government stated in the Preamble of the United States
Constitution.
.
Core Text: Holt, Magruder’s: American Government, pp. 64-65; p. 760
Vocabulary: Preamble
Instructional Points to Teach:
Discussion Questions:
 The Preamble of the
 What is the purpose of the
Constitution states the
Preamble?
purpose of the U.S.
 Why is the Preamble significant?
government as understood
by the authors.
 Although the preamble is
not a source of power for
any department of the
Federal Government, the
Supreme Court has often
referred to it as evidence of
the origin, scope, and
purpose of the Constitution.
Performance Expectation: Students will analyze the purpose of government stated in the
Preamble of the United States Constitution.
Accelerated Students: To open the lesson, ask students to write a short
paragraph where they answer the question, What is the purpose of government?
Then, referring to the Preamble on p. 760, have students list the purposes of
government. For each item, students should indicate whether they agree or
disagree with what is stated. Facilitate a discussion where students compare their
thoughts about the purpose of government with what is in the Preamble.
English Language Learners: To open the lesson, ask students to write a short
paragraph where they answer the question, What is the purpose of government?
Then, referring to the Preamble on p. 760, have students list the purposes of
government. Discuss the meaning of each item to make sure that students
understand each purpose listed. Next, read through each purpose again and have
students stand up if they agree. Ask several students to explain why they agree
then have the students who disagreed give their explanation. Allow students time
to individually respond to each purpose listed in a short written statement.
Less Proficient Learners: See lesson above.
Additional Instructional Suggestions:
 Using the lyrics to the School House Rock song about the Preamble found
at http://www.schoolhouserock.tv/Preamble.html, have student create
their own melody/rhythm and provide extra credit for students who present
their songs to the class. Students may choose to work individually or in
groups up to 4.
32
Resources


A complete lesson plan on the Preamble can be found at
http://edsitement.neh.gov/view_lesson_plan.asp?id=233.
http://onlinesocialstudies.mpls.k12.mn.us/Preamble_to_the_Constitution.h
tml provides background information on the Preamble.
33
Unit II
Section 4
Foundations of American Government
Principles of the Constitution (5 Days)
Essential Teaching Elements
AIM 3: Which parts of the Constitution demonstrate the fundamental principle of the rule
of law?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
c. Explain the fundamental principles upon which the United States Constitution is based;
include the rule of law, popular sovereignty, separation of powers, checks and balances, and
federalism.
Core Text: Holt, Magruder’s: American Government, p. 66
Vocabulary: rule of law, popular sovereignty
Instructional Points to Teach:
Discussion Questions:
 The rule of law is the
 Why should everyone be subject to the
concept that everyone is
laws of the land?
subject to the law including
government officials.
Differentiation Strategies
Performance Expectation: Students will use a chart and/or primary sources to xplain the fundamental
principle of the rule of law.
Accelerated Students: See the lesson attached. To check for understanding, have
students answer the AIM question.
English Language Learners: See the lesson below for less proficient learners.
Less Proficient Learners: On the board create a two column chart with one side labeled
“Rules of the House” and the other side labeled “My Rules”. Invite students to share the
rules that their parents have established for them at home. Then have the students come
up with a list of rules that they would like to have at home. After the chart is completed,
discuss the consequences of having their rules in place versus their parents’ rules. Use
this as an introduction to the idea of rule of law and why it is important that everyone
obey the laws of the government. Once complete, have students create their own set of
laws for the classroom. Students should create four laws for the class and explain how
each law contributes to the common good of the classroom. Invite several students to
share their rules and explanations. To check for understanding, have students answer
the AIM question.
Additional Instructional Suggestions:
 The Missouri Bar has a lesson plan complete with student handouts about the
significance of the rule of law throughout U.S. history. The lesson can be found
at http://members.mobar.org/civics/JudiciaryLP.htm and is titled The Rule of
Law.
34
Resources


National Public Radio has a short audio commentary on the importance of the
rule of law in American society.
http://www.npr.org/templates/story/story.php?storyId=5442573
The Missouri State Court website has an essay on the rule of law that would be
good for teacher background or gifted students.
http://www.courts.mo.gov/page.asp?id=1084
35
University of Virginia Center for Politics
Blackstone: Providing a Bedrock for Our Rights
Purpose: The student will understand the principles of government and law developed by Sir William
Blackstone and his contribution to the development of the democratic principle “rule of law”.
Objectives:
1. Students will interpret the ideas of Sir William Blackstone and the development of the rule of law
concept.
2. Students will apply their interpretations of specific quotations from Blackstone to the photograph,
“Border Guard Defection”.
Key Words:
rights
rule of law
immutable laws of nature
Resource/Materials:
1. Overhead with copy of Border Guard Defection.
2. Student handout: Study Guide for Blackstone: Providing a Bedrock for our Rights.
3. Short Biography of Blackstone or access to <www.britannica.com/seo/s/sir-william-blackstone> for
the full biography
Procedures:
1. Display the overhead of Border Guard Defection.
2. Distribute copies of the short biography provided on Blackstone and direct students to read it.
3. Distribute copies of the study guide and direct students to complete these individually or in groups.
Discuss their interpretations of Blackstone’s writings.
4. Using the terms rule of law and rights, ask students to discuss or write a journal entry responding to
the following questions:
 What type of relationship can you draw between Sir William Blackstone’s quotation, “For the
principle aim of society is to protect individuals in the enjoyment of those absolute rights, which
were vested in them by the immutable laws of nature” and the photograph showing the defection
of the border guard?
36
Border Guard Defection
He realized he was not protecting his country, but imprisoning its people. Three days after the
border was closed, he leapt to freedom. On August 15, 1961, at Bernauer Strasse, Konrad
Schuman becomes the most famous border guard to defect.
Rights are those freedoms that cannot be taken away.
Rule of Law is a state of order in which events conform to the law
Questions to consider:
 What is happening in this picture?
 How is the government responding to the rights of individuals?
Study Guide for Blackstone: Providing a Bedrock for Our Rights
Please read the following excerpts taken from Sir William Blackstone’s Commentaries on the
Laws of England and then re-write them in your own words in the space provided. Then circle
the number on a scale of 1 to 5 corresponding with how much you agree or disagree with Sir
William’s quote.
1. “The rights of persons … are of two sorts; first, such as are due from every citizen, which
are usually called civil duties; and, secondly, such as belong to him, which is the more
popular acceptation of rights.”
1
2
disagree
3
4
neutral
5
agree
2. “For the principle aim of society is to protect individuals in the enjoyment of those
absolute rights, which were vested in them by the immutable laws of nature.”
1
2
3
disagree
4
neutral
5
agree
3. “The principle view of human law is, or ought always to be, to explain, protect, and
enforce such rights as are absolute.”
1
2
disagree
3
4
neutral
5
agree
4. “For no man, that considers a moment, would wish to retain the absolute and
uncontrolled power of doing what ever he pleases; the consequence of which is, that
every other man would also have the same power.”
1
disagree
2
3
neutral
4
5
agree
Sir William Blackstone
(This biography was excerpted from <http://www.britannica.com/seo/s/sir-william-blackstone>)
Sir William Blackstone was the fourth and posthumous son of Charles Blackstone, a silk merchant of
moderate means. His mother died when Blackstone was 12. He was educated at Oxford and by 1746 he had
become a barrister. In 1750 Blackstone took the degree of Doctor of Civil Law. In July 1753 he decided to
retire from his practice and concentrate on the teaching of academic law and legal work in and around
Oxford. Blackstone had developed a great interest in common law, and in 1753 he began to lecture in that
subject. These were the first lectures on English law ever delivered in a university. In October 1758
Blackstone was elected the first holder of a chair of common law. His lectures formed the basis of his
Commentaries on the Laws of England, which were published in four successive volumes between 1765 and
1769.
The fame of Blackstone in the 19th century was greater in the United States than in Blackstone's
native land. After the American Revolution the Commentaries was the chief source of the knowledge of
English law in the American republic. A book that in the old country was a textbook became in the new an
oracle of law.
39
Unit II
Section 4
Foundations of American Government
Principles of the Constitution (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 3: Which parts of the Constitution demonstrates the fundamental principle of popular
sovereignty?
GPS: SSCG3 The student will demonstrate knowledge of the United States Constitution.
c. Explain the fundamental principles upon which the United States Constitution is based;
include the rule of law, popular sovereignty, separation of powers, checks and balances, and
federalism.
Core Text: Holt, Magruder’s: American Government, pp. 66
Vocabulary: rule of law, popular sovereignty
Instructional Points to Teach:
Discussion Questions:
 Popular sovereignty is the
 What would happen if our government did
concept that government
not operate on the principle of popular
derives its authority from
sovereignty?
the consent of the people.
Performance Expectation: Students will conduct research to understand the fundamental principle of
popular sovereignty.
Accelerated Students: Review with students the concept of the Social Contract.
Introduce the principle of popular sovereignty. Have students research a country where the
government does not get their power as a result of popular sovereignty. Students should
use historical and current resources to describe the government in the country and identify
the government’s source of power. Have students work with a partner or individually to
create a short presentation where they compare the government they researched with the
government of the United States.
English Language Learners: Use the lesson above for accelerated students with the
following modifications. Help guide students in their research by using a chart to help
organize their thoughts. Teachers should identify ahead of time websites and sources that
are appropriate for students. After individual research have students work in groups of
three to create a poster board that uses pictures and captions to illustrate differences of
popular sovereignty between the two countries.
Less Proficient Learners: See ELL lesson above.
Additional Instructional Suggestions:
 Have students create their own government based on popular sovereignty. Direct
students to create a set of 5 laws that preserve popular sovereignty, the rule of law,
and individual rights. Throw out scenarios where a law would be violated and have
students discuss how a government might set consequences for breaking the law.
Resources


A very thorough discussion of popular sovereignty can be found at
http://www.basiclaw.net/Principles/Popular%20sovereignty.htm. This essay is
suitable for teacher background notes or to select relevant passages for a student
handout.
A lesson that discusses popular sovereignty and the issue of slavery can be found at
http://edsitement.neh.gov/view_lesson_plan.asp?id=661
40
Essential Teaching Elements
Unit II
Section 4
Foundations of American Government
Principles of the Constitution (7 Days)
AIM 3: Which parts of the Constitution demonstrate the fundamental principles of separation
of powers and checks and balances?
GPS: SSCG3 The student will demonstrate knowledge of the United States Constitution.
b. Explain the fundamental principles upon which the United States Constitution is based;
include the rule of law, popular sovereignty, separation of powers, checks and balances,
and federalism.
SSCG4 The student will demonstrate knowledge of the organization and powers of the
national government.
b. Analyze the relationship between the three branches in a system of checks and balances and
separation of powers.
Differentiation Strategies
Core Text: Holt, Magruder’s: American Government, pp. 66-67
Vocabulary: separation of powers, checks and balances
Instructional Points to Teach:
Discussion Questions:
 Separation of powers is the
 Why is the separation of powers necessary in
idea that government
the U.S. government?
authority should be
 If we did not have a system of checks and
separated into three distinct
balances, which branch of government do
branches.
you think would be most powerful?
 Checks and balances is a
system that allows balance
among the three branches of
government.
Performance Expectation: Students will use the Constitution to explain the fundamental principles of
separation of powers and checks and balances.
Accelerated Students: Using current event resources and newspaper headlines students
should create a poster board of recent events in the U.S. government that relates to checks
and balances. Require that students find 3 events. For each event, students should describe
the event, identify what constitutional check was involved, and predict how the event might
have turned out differently if the checks and balances had not been in place.
English Language Learners: Refer to the lesson below with the following additions.
Before using the Constitution, provide students with the definitions of difficult words.
Discuss the meanings and provide examples before starting the activity.
Less Proficient Learners: Using the Constitution, outline with students the checks and
balances placed on each branch. Alternately, you can divide the class into 3 groups and
have each group make a list and then post it in the room. Review each list as a class and
discuss why the writers of the Constitution included certain checks and balances. Students
should record these responses in their notebooks. To close the activity, have students
answer the AIMS question using Think (individual) Pair (talk with a partner) Share (share
with class).
41
Resources
Additional Instructional Suggestions:
 Checks and Balances game. Divide students into 3 groups with each group
representing either the executive, legislative, or judicial branches. Use the
guidelines found at
http://ofcn.org/cyber.serv/academy/ace/soc/cecsst/cecsst052.html,
 Another lesson on separation of powers can also be found at
http://ofcn.org/cyber.serv/academy/ace/soc/cecsst/cecsst102.html.


A concise list of checks and balances for each branch can be found at
http://www.usconstitution.net/consttop_cnb.html.
Congress for Kids has a student friendly index of links relating to separation of
powers and checks and balances.
http://www.congressforkids.net/games/threebranches/2_threebranches.htm.
42
Unit II
Section 4
Foundations of American Government
Principles of the Constitution (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 4: Which parts of the Constitution demonstrate the fundamental principle of
federalism?
GPS: SSCG3 The student will demonstrate knowledge of the United States
Constitution.
c. Explain the fundamental principles upon which the United States Constitution is based;
include the rule of law, popular sovereignty, separation of powers, checks and balances, and
federalism.
Core Text: Holt, Magruder’s: American Government, pp. 70
Vocabulary: separation of powers, checks and balances, federalism
Instructional Points to Teach:
Discussion Questions:
 Federalism is the
 What parts of the Constitution outline
relationship between the
Federalism?
state and national
 Does federalism help or hinder the
government.
efficiency of government?
 Article I Sections 8, 9, and
10 frame the relationship
between the national and
state governments.
 The 10th amendment also
deals with Federalism.
Performance Expectation: Students will use the Constitution to explain the fundamental principle of
federalism.
Accelerated Students: Have students study the sections of the Constitution listed
above. Students can create a 4 column chart to organize their thoughts (one for part
listed). Next, students should work in groups of 2 or 3 to identify loopholes where the
state or national government might exercise power not explicitly granted or denied it by
the Constitution. Facilitate a discussion about these loopholes. To extend this activity,
students can find current event articles that illustrate either the state or national
government taking advantage of these loopholes. They should identify what the
loophole is and how the government used it to its advantage.
English Language Learners: See the lesson below. In addition, provide students with
a list of words from the Constitution that may be unfamiliar. Review these words at the
beginning of the activity.
Less Proficient Learners: Use one of the PowerPoints on Federalism found at
http://government.pppst.com/state-and-local.html to provide students with an overview
of federalism. Have students fold their paper into 4 sections. In the first section they
should record notes that outline the powers the Constitution grants Congress (Article I
Section 8). In the second, powers the Constitution denies Congress (Article I Section 9).
In the third, powers denied to the states and in the fourth the main ideas found in the 10th
amendment. Have students decide on the top 4 points for each section. Students can
use these points to make flash cards using the Frayer model (see additional resources).
43
Resources
Additional Instructional Suggestions:
 The Civic Institute has additional lesson plan ideas on Federalism/10th
Amendment found at
http://www.civicsinstitute.org/curricula/high/US_Constitution_and_federa.html.
 Have students watch the video ‘Isms: Federalism’ on
www.unitedstreaming.com and fill out a Venn diagram based on the
information. (powers given to the Federal government, powers given to the
states, powers shared by both – federal powers, state powers, concurrent
powers). After students have completed the diagram, have them break into pairs
and complete the attached worksheet. Once they do this, put the words federal,
state, and concurrent on the board. Have students separate into two teams. The
teacher reads the power and two students go the board to put a check under the
correct answer.

“Isms Federalism” Explores the principle of federalism in early United
States history and how the concept affected the setup of our modern
national and state governments.
http://www.unitedstreaming.com/search/assetDetail.cfm?guidAssetID
=87617CA9-C73F-4A62-8B51-9527942E04EB
44
Unit II
Section 5
Foundations of American Government
Federalism (6 Days)
Differentiation
Strategies
Essential Teaching Elements
AIM 1: How does the Constitution structure the relationship of state governments to the
national government?
GPS: SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
a. Explain the relationship of state governments to the national government.
b. Define the difference between enumerated and implied powers. .
Core Text: Holt, Magruder’s: American Government, pp. 88-95
Vocabulary: dual federalism, cooperative federalism, sovereignty
Instructional Points to Teach:
Discussion Questions:
 There are several theories
 What are two metaphors used to describe
and metaphors that can help
Federalism in the U.S.?
us understand federalism as
 What is dual federalism?
structured by the
 What is cooperative federalism?
Constitution including the
layer cake and marble cake
metaphors.
 Dual federalism (layer cake)
is a view that the
Constitution is a pact among
sovereign states. The
powers of the national and
state governments are
clearly defined.
 Cooperative federalism
(marble cake) is the view
that the Constitution is a
agreement among people
who are citizens of both the
state and the nation. There
is considerable overlap
between the powers of the
state and national
governments.
Performance Expectation: Students will be able to distinguish between various theories of
federalism.
Accelerated Students: Have students brain storm current issues and/or policies that
illustrate dual and cooperative federalism. After the class has come up with several
examples, allow students to use the internet or other sources to find a current event that
relates to one of the issues/policies. You could assign students an issue/policy to
ensure more variety or let the students choose a topic of their interest. For their article
students should provide a 1-2 paragraph summary, a graphic image (drawn, clip art,
photo) and a 1-2 paragraph explanation of whether their issue relates to dual or
cooperative federalism.
45
English Language Learners: Explain to students that dual and cooperative federalism
can be expressed in terms of a cake metaphor. Tell them one can be described as a
marble cake and another as a layer cake. Do not reveal which is which. Using a guided
lecture, describe each form of federalism providing appropriate examples. Once
students have finished taking notes, have them draw a picture representing a layer cake
and another picture representing a marble cake. (Provide example pictures if
necessary). Students should label which type of federalism corresponds with each
picture. Have students write a brief 3-4 sentence explanation to support their choice.
Less Proficient Learners: See lesson above.
Additional Instructional Suggestions:
 Haves students locate current event articles that illustrate federalism based on
the layer cake or marble cake metaphor.
Resources


A picture showing the layer cake and marble cake metaphors can be found at
http://www.laits.utexas.edu/gov310/CF/amfed/index.html.
A concise background essay of federalism can be found at
http://www.cas.sc.edu/poli/courses/scgov/History_of_Federalism.htm.
46
Unit II
Section 5
Foundations of American Government
Federalism (5 Days)
Resources
Differentiation Strategies
Essential Teaching Elements
AIM 2: To what extent is power shared between state governments and the national
government?
GPS: SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
a. Explain the relationship of state governments to the national government.
b. Define the difference between enumerated and implied powers. .
Core Text: Holt, Magruder’s: American Government, pp. 93
Vocabulary: concurrent powers
Instructional Points to Teach:
Discussion Questions:
 Concurrent powers are
 What are concurrent powers?
powers that both national
 What are examples of concurrent
and state governments have.
powers?
 Examples of concurrent
powers include the authority
to levy and collect taxes,
borrow money, establish
courts, define and crime
punishments, and claim
private property for public
use.
Performance Expectation: Students will use charts to analyze how powers are distributed between
the state and national government. Students should use the internet or other resources to find
examples of current issues that reflect the concurrent powers.
Accelerated Students: Using the chart on p.93and have students complete the
attached chart based on the examples of concurrent powers listed.
English Language Learners: Students will create a short skit. Divide the class into
5 groups. Assign each group an example of a concurrent power found in the chart on
p. 93. Groups should keep their assignment secret. For their skit, students should try
to provide clues as the class guesses each concurrent power. After the class correctly
guesses each power, stop and discuss it including where it can be found in the
constitution. As you debrief after group, have students record notes.
Less Proficient Learners: Use the graphic organizer attached to help students with
the creativity of their skits and note-taking for the activity above.
http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm provides a
brief overview of concurrent powers.
47
Concurrent Powers Graphic Organizer
Concurrent Power
National Example
State Example
48
Constitutional
Reference
Unit II
Section 5
Foundations of American Government
Federalism (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 3: What limitations does the Constitution place on state and national governments?
GPS: SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
d. Identify powers denied to state and national governments.
Core Text: Holt, Magruder’s: American Government
Vocabulary: reserved powers, exclusive powers, delegated powers
Instructional Points to Teach:
Discussion Questions:
 Reserved powers,
 What is the purpose of reserved,
exclusive, and delegated
delegated, and exclusive powers?
powers outlines the limits
place on the state and
national government.
Performance Expectation: Students will primary and secondary sources to identify the limitations
placed on state and national government.
Accelerated Students: Have students use the Constitution to make a list of reserved
powers, exclusive powers, and delegated powers. Students should identify whether
each group of powers puts a limitation on the state government, national government,
or both. Next, allow students to research current event articles that illustrate a time
when a government challenged a limitation set in the Constitution and the outcome.
English Language Learners: Use the handout attached as a guide to discussing
which powers are granted to different levels of government. Work through the first
column of the handout with students and allow them to complete the second column
on their own.
Less Proficient Learners: See lesson above.
Additional Instructional Suggestions:
 Facilitate a discussion with students to help them understand real world
examples of limitations on the Federal government. For example, many
activists want the Federal government to regulate gun laws however, this is a
state responsibility based on the Constitution. Students can weigh the pros and
cons of the Federal government being involved in this issue.
Resources




Project Vote Smart provides a list of powers granted and denied to state and
national government. http://www.votesmart.org/resource_govt101_09.php
Politico.com
Washingtonpost.com
usatoday.com
49
EXAMPLES OF DELEGATED, RESERVED AND CONCURRENT POWERS.
On the line provided, indicate a delegated power with “D”, a reserved power with “R”, and a concurrent
power with “C”.
______gasoline taxes
______education
______airline safety laws
______eminent domain
______divorce laws
______establishing Congressional
______granting citizenship
districts
______treaty making
______income taxes
______issuing passports
______capital punishment
______copyright laws
______voting qualifications
______coin money
______broadcasting licenses
______set tariff rates
______borrow money
______approval of foods and drugs
______corporate charters
for public consumption
______set requirements for professional
______set minimum wage
______enforce drug abuse laws
licenses
In the space before each of the following statements, write
HR - if it is a constitutional power of the House of Representatives
S - if it is a constitutional power of the Senate
B – if it is a constitutional power of both House and Senate
____1. chooses its own presiding officer
____2. publishes a journal of its proceedings
____3. can expel an elected member by two-thirds vote
____4. approves treaties made by the President
____5. originates all tax and revenue bills
____6. approves all appointments to the Supreme Court
____7. holds investigations
____8. acts as the jury in impeachment cases
____9. has power to declare war
___10. elects the President in certain circumstances
50
Unit II
Section 5
Foundations of American Government
Federalism (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 4: How do current issues exemplify the ongoing debating about the balance of
power between state and national governments?
GPS: SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
e. Analyze the ongoing debate that focuses on the balance of power between state and
national governments.
Core Text: Holt, Magruder’s: American Government, p. 96
Vocabulary: supremacy clause, Article 6 Section 2
Instructional Points to Teach:
Discussion Questions:
 There is a delicate balance
 How do current issues exemplify the
ongoing debating about the balance
between the responsibilities
of power between state and national
of the national and state
governments?
government.
 Crisis events often show
conflicts between the
national and state
government.
Performance Expectation: Students will identify issues and/or problems and alternative
Solutions related to the state and national government’s reaction to Hurricane Katrina.
Accelerated Students: Separate students into groups of 4 or 5. Assign each
group a different topic that deals with federalism. Suggestions include: The
government’s response to Hurricane Katrina, the criminal justice system, the
education system, welfare programs, environmental law, or any other issue that
involves cooperation between national and state governments. Students should
research their issue with particular emphasis on how the states and the federal
government cooperated. They may find a failure in the system, or they could find
some benefit. How do they cooperate? What points of contention are there? For
instance, in environmental law – how do states differ on their commitment to
protect the environment? What reasons do the states give for strict or lax laws?
The teacher may want to create a list of questions that should be answered for
each project. Once they have researched their topic, students should create 15
minute presentations. Presentations should have a visual aid such as a PowerPoint
or a poster.
English Language Learners: Provide a copy of your lecture notes to students.
Allow student to write initial essay in their native language and then translate it
into English. Allow student to take assignment to ESOL teacher for assistance
during ESOL class if applicable.
Less Proficient Learners: Use the lesson above for accelerated students.
Additional Instructional Suggestions:
 There is a lesson plan regarding federalism on the PBS website focusing
on the Hurricane Katrina.
http://www.pbs.org/newshour/extra/teachers/lessonplans/socialstudies/katr
ina.html
51
Resources


The following article would be great teacher background and possibly
select sections for a student handout.
http://www.urban.org/UploadedPDF/311344_after_katrina.pdf
http://teacher.scholastic.com/scholasticnews/indepth/hurricanekatrina/
52
Unit II
Section 5
Foundations of American Government
Federalism (5 Days)
Differentiation Strategies
Essential Teaching Elements
AIM 5: Why is it necessary that the Constitution be the “supreme law of the land?”
GPS: SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution. (3 days for the whole
standard)
f. Analyze the supremacy clause found in Article VI and the role of the U.S.
Constitution as the “supreme law of the land.”
Core Text: Holt, Magruder’s: American Government, p. 94-95
Vocabulary: Supremacy Clause, McCulloch v. Maryland
Instructional Points to Teach:
Discussion Questions:
 The Supremacy Clause
 What is significant of the
establishes the Constitution
Supremacy Clause?
as the supreme law of the
 In matters of conflict between the
land.
state and national government,
 Federal law supercedes state
whose laws take precedent?
law in matters of conflict.
Performance Expectation: Students will analyze the supremacy clause found in Article VI and
the role of the U.S. Constitution as the “supreme law of the land.”
Accelerated Students: Distribute copies of the case McCulloch v. Maryland
which set the precedent for federal supremacy. Read and discuss the case so that
students understand the position of each party. Have students write a case brief
where they explain the outcome in terms of the Supremacy Clause. Have students
discuss possible consequences if the case had been decided differently.
English Language Learners: Use the chart on p.94 to help students understand
the intent of the Supremacy Clause. Next, read and discuss the quotes on pp. 94
and 95. In particular, use excerpts from the McCulloch v. Maryland case as an
example of a conflict between the state and national government. Have students
write a brief reaction to the case where they state whether they agree with the
decision.
Less Proficient Learners: See lesson above.
Additional Instructional Suggestions:
 See lesson attached.
Resources


See the teacher materials Presentation Pro for the PowerPoint from chapter
4.
An online version of the case McCulloch v. Maryland can be found at
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=17&invol
=316
53
The Supremacy Clause
Article IV and the Doctrine of Federal Preemption
Adapted from lesson plan at: http://www.civicsinstitute.org/curricula/high/US_Constitution_and_federa.html
Brief Description:
 The Constitution allows states to have power over some matters but does not allow them to

have power in other matters. The Constitution also defines the powers and responsibilities
that the national government has over the states.
The US Constitution is not the only determiner of the relationship between the national
government and the states. The U.S. Supreme Court plays a major role in determining the
federal and state relationship. There are significant disagreements about what the nationalstate relationship should be. After this lesson, the students will have a better understanding
of this relationship and the issues that are involved.
Objectives:
 The student will:
o Examine Article IV of the U.S. Constitution in terms of its application to federal
o
o
o
supremacy
Analyze various Supreme Court cases which have interpreted the Supremacy Clause
to determine the evolving understanding of this Article
Assess the issues and controversies surrounding some of the interpretations and
applications of the Supremacy Clause
Compose arguments defending either a broad interpretation of the Supremacy
doctrine or a more restrained (state’s rights) interpretation.
Lesson Plan:
 Have students read background material (see The Supremacy Law of the Land) on the

evolution and rationale for the Supremacy doctrine
Break the students into groups (3-4 students a group) and have them do the following:
o Gather facts about the Constitution answering the following questions:
1.
What guarantees did the US Constitution give the states?
2. What things did the US Constitution decide for the states?
3. What powers and roles are given to the states?
4. What can the national government decide for the states?
5. What are some limitations on the power of the national government over the states?
6. What powers are denied the states?
54
o

The answers are found in the following sections of the U.S. Constitution.

Article I, Section 2

Article I, Section 8

Article I, Section 9

Article II, Section 1

Article II, Section 2

Article IV, Section 1

Article IV, Section 2

Article IV, Section 3

Article IV, Section 4

Article IV, Section 10

Article V

10th Amendment

12th Amendment

14th Amendment

17th Amendment

21st Amendment
After each group has finished answering the questions, hand out to each group one of the
following cases which deals with Federal Preemption and the Supremacy Clause (teacher
can use only historical cases, only recent cases, or a mixture of both) Cases can be found
at www.law.cornell.edu/supct/:
o Recent cases:

Case 99-1964, Hunt v. Cromartie (Did North Carolina unconstitutionally use race when
drawing congressional district lines?)

Case 99-1908, Alexander v. Sandoval (Did the Alabama Department of Public Safety
violate the 1964 Civil Rights Act?)

Case 98-1161, City of Erie v. Paps A.M. (Did Pennsylvania's law against nudity violate the
1st and 14th Amendments?)

1997 decision about a portion of the Brady Bill

1995 decision about the federal gun-free school zone law

1995, U.S. Term Limits v. Thornton (Can states limit terms of members of Congress?)

1987, South Dakota v. Dole (state challenged constitutionality of 1984 National Minimum
Drinking Age Act passed by Congress)

1987, Puerto Rico v. Branstad (a governor was unwilling to extradite a fugitive)
55
o Historic cases

1810, Fletcher v. Peck (Was a state law about contracts constitutional?)

1819, McCullough v. Maryland (Could a state tax the Bank of the US?)

1954, Brown v. Board of Education (Can state and local governments have segregated
schools?)
 Each group should brief the case they are given in the following manner:
o
o
o
Read the syllabus (overview), majority opinion, and any other opinions available.
Summarize the case. Include:
 Give the name. For ex., Brown v. Board of Education of Topeka; 347 U.S. 483 (1954).
(5 points)
 Provide a brief history of the case. (15 points)
 Tell the decision of the Supreme Court. (5 points)
 Include one important quote from the case. (5 points)
List and define 4 new terms you learned and looked up while reading the case. (10 points)
 After briefing the case, the groups will then:
o
Prepare a written presentation for the class.
o
Have two of the four students choose one side and prepare a short argument for their side of
the case as if he/she were a lawyer arguing that side of the case before the US Supreme Court.
Have the other two argue the opposing side
o
Include in the report what the Supreme Court actually decided and what the group believes is
the significance of that decision.
o
Finally, the group should discuss their thoughts on the Supremacy clause. Are there any
changes in these powers that they would like to see?
56