American Government
Baltimore City Public
School System
2007
1
Unit Two
Principles of Government and the
Constitution
2
How To Use This Guide
This is the instructional guide for Unit Two Principles of Government and the
Constitution.
The guides have not been designed to be the “end all and be all” of social studies.
They have been designed as a way to meet the state standards in a meaningful
manner and allow time for re-teaching and/or extension. As with all new
curriculum, time for extension may only become available after the teacher has run
through the curriculum once or twice.
The guide is to be read in its entirety before teaching any of the lessons in order to
get the “big picture.” This helps guide planning, preparation, and implementation.
It allows the teacher to plan for re-teaching and extension activities in a
meaningful way.
Begin by reading the Essential Concepts and Possible Essential Questions from
the Maryland Voluntary State Curriculum. Those two items explain why it is
necessary to study this unit. The lessons will build to express the ideas in the
Enduring Understanding.
Next review the WHAT. These are the MSDE indicators and lesson objectives.
This is what MSDE wants students to be able to know and do. These are placed in
the lesson where they are taught.
The rest of the guide and what you do in the classroom is the HOW.
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WHY?
Essential Concepts
 Philosophical ideas and historic documents are important in the understanding of how
the American government was formed and how such ideas influenced the writing of
our Constitution and Bill of Rights. The relationship of a limited government to
political and economic freedom is important in a constitutional government.
 To be a productive citizen in our society one must be able to understand and apply the
principles of democracy and constitutionalism to his/her life.
 All governments address the relationship between liberty and authority. The United
States Government derives its power from the consent of the governed to avoid
tyranny and protect people's rights
Possible Essential Questions
 How did the principles of government outlined by political philosophers (e.g. Hobbes,
Montesquieu, Locke) influence the framers of the Constitution?
 How are the principles of government reflected in our founding documents?
 What is the significance of the Declaration of Independence, Articles of
Confederation, and Bill of Rights and how did they influence the development of the
United States Constitution?
 What comparisons can be made between the Articles of Confederation and the United
States Constitution?
 How did the Bill of Rights affect the ratification process of the United States
Constitution?
 What are the formal and informal methods of changing the Constitution?
 How do the actions of the U.S. Government affect the rights and responsibilities of
citizens?
 How are the powers of government divided and shared?
Source: MSDE Government Online Course
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Unit 2: Principles of Government and the Constitution
Title of Lesson
Principles of
Government
Bill of Rights
Objectives
1. Examine the fundamental principles of government and
law developed by leading philosophers such as Hobbes,
Locke, Montesquieu, and Rousseau (1.1.1c)
2. Explain how common law and historic documents such
as the Magna Carta, the English Bill of Rights and the
Mayflower Compact influenced the framers of the
Constitution and its development (1.1.1d)
3. Explain the fundamental principles of American
government contained in the Declaration of
Independence, Articles of Confederation, United States
Constitution and the Maryland Constitution (1.1.1 g)
4. Apply the principles of federalism, checks and balances,
rule of law, judicial review, separation of powers,
consent of the governed, and majority rule to real world
situations (1.1.1 j)
5. Evaluate the principles of federalism, popular
sovereignty, consent of the governed, separation of
powers, checks and balances, rule of law, limited
government, majority rule, and how they protect
individual rights and impact the functioning of
government (1.1.2 a)
6. Describe how the Constitution provides for checks and
balances, such as Legislative overrides of vetoes, the
limitations on the powers of the President and the
appointment process (1.1.2 f)
Objectives:
1. Identify the rights in the Bill of Rights and how they
protect individuals and limit the power of government
(1.1.1 i)
2. Explain how amendments to the Constitution expand or
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Assessment Limits
• Documents: Declaration of Independence,
United States Constitution. Basic Principles:
limited government, consent of the governed,
popular sovereignty, majority rule and rule of
law
• Evaluate how principles assist or impede
functions of government. Concepts: federalism,
separation of powers, checks and balances,
judicial review, representative democracy,
limited government, rule of law, individual
rights and responsibilities, consent of the
governed, majority rule, popular sovereignty,
equal protection, and eminent domain

Documents: Declaration of Independence,
United States Constitution. Basic Principles:
limited government, consent of the governed,
popular sovereignty, majority rule and rule of
law
Powers of
Government
limit individual civil liberties, such as the 14th
Amendment, 18th Amendment and proposed flag
burning amendment (1.1.1 k)
3. Examine the purpose of eminent domain and how it
affects citizens rights (1.1.2 e)




Explain how the powers of government are divided and
shared on the national and state levels including
delegated, reserved, concurrent powers (1.1.2 b)
Explain the powers denied to the national and state
governments including: bills of attainder, ex post facto
laws and the suspension of habeas corpus in the
Constitution (1.1.2 g)
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Evaluate how principles assist or impede
functions of government. Concepts:
federalism, separation of powers, checks and
balances, judicial review, representative
democracy, limited government, rule of law,
individual rights and responsibilities, consent
of the governed, majority rule, popular
sovereignty, equal protection, and eminent
domain
Evaluate how principles assist or impede
functions of government. Concepts:
federalism, separation of powers, checks and
balances, judicial review, representative
democracy, limited government, rule of law,
individual rights and responsibilities, consent
of the governed, majority rule, popular
sovereignty, equal protection, and eminent
domain
Pre-Assessment
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Pre-assessment
Overview
Baltimore City public school students were introduced to principles of government and the
Constitution in elementary and middle school, and in United States History. The pre-assessment
is designed to provide insight into the strengths and weaknesses in the principles of government
understandings of your students. Use the information from the pre-assessment to inform
instruction. The pre-assessment can also give information about student writing.
Indicators/Objectives
 Identify the rights in the Bill of Rights and how they protect individuals and limit the power
of government (1.1.1 i)
 Explain the fundamental principles of American government contained in the Declaration of
Independence, Articles of Confederation, United States Constitution and the Maryland Constitution
(1.1.1 g)
 Apply the principles of federalism, checks and balances, rule of law, judicial review, separation of
powers, consent of the governed, and majority rule to real world situations (1.1.1 j)
 Evaluate the principles of federalism, popular sovereignty, consent of the governed, separation of
powers, checks and balances, rule of law, limited government, majority rule, and how they protect
individual rights and impact the functioning of government (1.1.2 a)
 Describe how the Constitution provides for checks and balances, such as Legislative
overrides of vetoes, the limitations on the powers of the President and the appointment
process (1.1.2 f)
Assessment Limits
•
Documents: Declaration of Independence, United States Constitution. Basic Principles: limited
government, consent of the governed, popular sovereignty, majority rule and rule of law
Directions
1. Activating Prior Knowledge. Divide students into pairs and ask them to discuss the
following:
• What are your responsibilities as a citizen?
• How are your rights better protected when you and other citizens carry out your
responsibilities by participating in society?
Ask a few students to share their responses, being sure students explain their thinking about
a nation without laws or law enforcement.
2. Assessing – Rights. Explain that maintaining an effective democracy depends on citizens
carrying out their responsibilities. These responsibilities help protect our rights. Tell students
that they are going to read about a country in which rights of citizens are limited. After
reading the selection they are to respond to the questions that follow. Distribute Part 1
Rights and direct students to complete their response.
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Walk around the room. Observe students who clearly understand the need for rights. Make a
note of students who are struggling. Collect papers and score later. This will help plan for
writing instruction during this unit.
3. Assessing - Rights and Principles. Explain to students that they will learn about principles,
rights, and powers in Unit 2. In order to help plan for this unit, you need to discover what
they already know. Distribute the Principles of Government and the Constitution Pretest to
students. Explain that this “test” will not affect their grade, but it will be used to help plan
instruction.
4. Follow-Up. Use the information from both parts of the pretest to support or accelerate
instruction. Keep in mind that all students are expected to learn the same concepts and
content to meet state and local expectations of learning. Throughout the course, you will
conduct formal and informal assessments such as notebook entries that will check student
understanding of content. Use this data to guide instruction.
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Name
Date
Principles of Government and the Constitution
Part 1
Why Rights?
Directions: This pretest will give your teacher information about what you know about rights. The test
will not affect your grade, but you should do your best. In your class you have discussed responsibilities
of citizens and why it is important to carry out those responsibilities. The information from this
discussion is helpful in understanding the situation in this fictional nation.
Read this description about a fictional nation and answer the questions that follow.
John and his family were sitting around the kitchen table after dinner. John asked his children about
their day in school. Eventually the discussion turned to the upcoming election. The family jumped when
they heard a crash as the door was knocked in. It was the police and they began to question John about
his political beliefs and his criticism of the president. John’s wife began to pray and the police told them
that they could not do this. Then the family was questioned about their religious beliefs. The police
conducted a search of the house looking for newspapers and other materials that were not supposed to
be read by citizens of this nation. After emptying closets and drawers, the police arrested John and took
him to prison. John tried to ask what he was charged with, but no one would answer and the police
officers told him to “shut up.” John asked for a lawyer, but he was told he could not have one. He was
held for several months in a cell where he was repeatedly questioned and beaten. John’s wife went to
the police station but no one would tell her where to find John. Eventually, John was released and
returned home.
1.
•
Identify at least three rights guaranteed by the United States Constitution that were violated in
this situation and explain which right is most important to protect.
•
Explain why it is necessary to have rights that are guaranteed.
•
Include details and examples to support your response,
2. List other rights guaranteed by the United States Constitution that may not be described in this
scenario.
10
Name
Date
Principles of Government and the Constitution Pretest
Part 2
Directions: This pretest will provide your teacher with information about what you know about
government. This test will not affect your grade, but will be used to help you learn what is necessary to
pass later tests.
1. One of the main purposes of the Bill of Rights is to
A.
B.
C.
D.
limit individual rights
strengthen criminal laws
limit the power of government
improve the court system
2. Which of these principles found in the Bill of Rights is based on the Magna Carta?
A. guarantee of free speech
B. protection of the right of the state to organize a militia
C. provision for due process
D. prohibition against excessive bail and fines
3. Which of these rights is in conflict with the freedom of the press?
A.
B.
C.
D.
the right to a speedy trial
the right to present witnesses
the right to legal counsel
the right to a fair trial
4. DeShawn owns a house where the government wants to build a road. What best explains how the
government can force DeShawn to sell his land to the government?
A. rule of law
B. consent of the governed
C. right of eminent domain
D. right to an attorney
5. Which is an example of due process?
A. right to an attorney
B. right to determine the judge
C. right to plead guilty to a lesser charge
D. right to unlimited number of appeals of the case
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6. The right to be free from unreasonable search and seizure is an example of
A. delegated power
B. judicial review
C. general welfare
D. limited government
7. Invoking the Fifth Amendment means an accused person
A. refuses to testify against himself
B. refuses to be tried again
C. demands a grand jury
D. wants to appeal his case
8. No person’s house or property may be searched without
A. a bill of attainder
B. a government investigation
C. a search warrant
D. evidence of treason
9. A man accused of a crime in court has a right to
A. hear the witnesses against him
B. be tried wherever he wants
C. have any judge he wants
D. change courts
10. Which of the following rights and freedoms is specifically guaranteed by the first ten amendments?
A. right to an education
B. freedom of the press
C. right to privacy
D. freedom to own property
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Part 3 A: Categorizing Knowledge of Terms and Concepts
Directions: Read the words below. After you read each one, write the word in the box that best
describes how well you know each one.
How Well Do I Know These Terms and Concepts
• federalism
• rule of law
• separation of powers
• majority rule
• checks and balances
• equal protection
• judicial review
• popular sovereignty
• representative democracy
• limited government
• protection of individual rights
• due process
Don’t Know At All
Have Seen or Heard – Don’t Know the Meaning
I Think I Know the Meaning
I know a Meaning and Can Give an Example
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Part 3 B: Giving Evidence of Terms and Concepts
For each term that you placed in the box “I know a Meaning and Can Give an Example,” please write
the term and give an example.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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Session 1 – Principles of Government
Overview
Students read primary source documents and the textbook to determine the principles of democratic
government and how these principles developed from historic documents. In the next session students
examine the Bill of Rights to learn how the principle of protection of individual rights is applied in the
United States.
Objectives
1. Examine the fundamental principles of government and law developed by leading philosophers such
as Hobbes, Locke, Montesquieu, and Rousseau (1.1.1c)
2. Explain how common law and historic documents such as the Magna Carta, the English Bill of
Rights and the Mayflower Compact influenced the framers of the Constitution and its development
(1.1.1d)
3. Explain the fundamental principles of American government contained in the Declaration of
Independence, Articles of Confederation, United States Constitution and the Maryland Constitution
(1.1.1 g)
4. Apply the principles of federalism, checks and balances, rule of law, judicial review, separation of
powers, consent of the governed, and majority rule to real world situations (1.1.1 j)
5. Evaluate the principles of federalism, popular sovereignty, consent of the governed, separation of
powers, checks and balances, rule of law, limited government, majority rule, and how they protect
individual rights and impact the functioning of government (1.1.2 a)
6. Describe how the Constitution provides for checks and balances, such as Legislative overrides of
vetoes, the limitations on the powers of the President and the appointment process (1.1.2 f)
Assessment Limits
• Documents: Declaration of Independence, United States Constitution. Basic Principles: limited
government, consent of the governed, popular sovereignty, majority rule and rule of law
• Evaluate how principles assist or impede functions of government. Concepts: federalism, separation of
powers, checks and balances, judicial review, representative democracy, limited government, rule of
law, individual rights and responsibilities, consent of the governed, majority rule, popular sovereignty,
equal protection, and eminent domain
Key Questions
1. What ideas and documents influenced the framers of the U.S. Constitution?
2. What are the basic principles of democracy?
3. How do the principles of government protect individual rights and impact the functioning of
government?
4. How does the Constitution provide for separation of powers and checks and balances?
Key Terms
• Popular sovereignty
• Federalism
• Rule of Law
• Separation of powers
• Checks and balances
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• Judicial Review
• Majority rule
• Protection of individual rights
• Due Process
• Equal protection
• Declaration of Independence
• U.S. Constitution
• Bill of Rights
Directions
1. Engaging Students. Direct students to discuss with a partner the answer to the following question:
• What are some principles of democratic governments?
Review student ideas.
2. Developing Understanding – Modeling Making Connections to the Magna Carta. Explain that
many ideas about government came from many sources including the Magna Carta and the ideas of
European Enlightenment thinkers. Distribute only the Magna Carta page of the “Principles of
Government” reading and the Principles Student Resource Sheet.
Model the making connections reading strategy for Rule of Law while reading the Magna Carta
reading.
“This first part tells me something about the king of England and his power. Oh here’s
something about rule of law and here’s a definition. I’ll write that down on my worksheet. Rule
of law – it means that laws are written down and agreed on.. and it means that no one is above
the law. Even the king obeys laws. … Now the next column on my chart “Connects to Me.” Rule
of law means that everyone is treated the same – that means that I will be treated the same as
everyone else if I am accused of doing something wrong. What does “The World” mean? Oh, I
see. . . connect to me, connect to the world. Let me read some more and think. Rule of law meant
that rulers have to follow the same laws, and this limits the power of the ruler or the government.
This is a limited government.
3. Developing Understanding – Guided Practice – Principles of Government. Distribute remaining
pages of the Principles of Government reading packet. Direct students to use the same process to
define each principle of government and make connections on Page 1 of the student resource sheet.
Support students as needed.
Note: Students are reading about the origins of the principles of government and, at the same time,
identifying these principles. The reading is organized so that students read about the origin of the
principle of government and then the principle in the United States Constitution. There are checks
for understanding included with each principle.
It may be helpful to students to stop after reading about the European philosophers, and review the
principles of democratic government thus far. At this point, students will have completed page one of
the student resource worksheet.
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Then direct students to continue completing the chart using either the textbook or the remainder of
the Principles of Government reading packet.
Transparencies demonstrating separation of powers at the national, state, and local levels are
included and should be examined with students.
4. Developing Understanding – After Reading – Principles of Government Making Meaning
Using Symbols. Conduct a brief discussion reviewing principles. Ask:
• How do these principles of government affect the functioning of government?
• How do these principles protect individual rights?
In discussion, narrow the principles down to about 5-6. Model making a symbol for one of the
principles and write a sentence explaining how the symbol represents the principle. This is a start on
interpreting cartoons – connecting symbols and meaning. It is important that students write the
sentence to explain the symbol.
Example: protection of individual rights – court house or scale of justice
Then, direct students to create a symbol for each of the selected principles and to write a sentence
explaining how the symbol represents that principle. Share selected examples.
NOTE: A chart of the HSA assessed Supreme Court Decisions is included at the end of this session.
Students may use the chart to record these cases as they are presented throughout the course. In this
session, Marbury v. Madison is introduced during the judicial review reading.
5. Check for Understanding – Principles of Government. Conduct a brief whole class discussion to
reinforce the principles. Ask:
• What historic documents or philosophers did the founding fathers study as they developed the
principles of United States government?
• Which principle is most important to democratic governments? Why?
Distribute “Identifying Principles of Government” and direct students to read the scenarios and
excerpts to identify the principle of government.
Possible Answers:
Part 1
1. rights of individuals
5.
rule of law
2. majority rule
6.
federalism
3. checks and balances
7.
separation of powers
4. judicial review
8.
popular sovereignty
Part 2
1. English Bill of Rights – right to petition, free elections, majority rule, no cruel and unusual
punishment
2. Mayflower Compact – consent of the governed, rule of law, majority rule
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Resources
1. United States Government Democracy in Action, Remy, Glencoe/McGraw-Hill – Chapter 1,
Section 1
2. Online Course: Unit 2 Principles of Government, Roots of American Democracy
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Principles of Government
The principles of government included in the United States Constitution come from a number of
sources. The Magna Carta was one of the first English documents to establish democratic
principles that are still used today. The English Bill of Rights established many principles that
were carried to the colonies and were included in the Constitution. European philosophers such
as Locke, Montesquieu and Rousseau wrote about principles of government. Thomas Jefferson
and others read the works of these great philosophers and included their ideas in the Declaration
of Independence and later, in the U.S. Constitution.
Part 1: Magna Carta (Great Charter)
In 1215, King John of England was an absolute monarch who had control over the people and
land. The people, including the nobles had few rights. When King John asked the nobles for
more taxes, they refused until he agreed to changes. The Magna Carta, the Great Charter, was
written. King John signed it and agreed to give “to all freemen of our kingdom” the rights and
liberties the great charter described.
With the Magna Carta, King John placed himself and England’s future kings and officials within
the rule of law. Rule of law originally meant that the laws were agreed upon and written down.
But, this was a new principal that meant that no one was above the law. Everyone, including the
king, had to obey laws. The Magna Carta limited the power of the king. No one, not even the
king, is above the law.
The Magna Carta declared that:
“No freeman shall be taken, imprisoned,…or in any other way destroyed…except by the lawful
judgment of his peers, or by the law of the land. To no one will we sell, to none will we deny or
delay, right or justice.”
The Magna Carta required a trial by jury of one’s peers or equals when accused of wrongdoing.
It prohibited the King from taking a person’s life and property without a judgment by peers.
These new laws applied to only a few people, but it was a start.
The Magna Carta established principles of democratic government: rule of law and limited
government that are principles of United States government. The Magna Carta protected the
rights of individuals and limited the power of the ruler, a limited government. These principles
are part of the U.S. Constitution.
Rule of Law and the United States Constitution
Rule of law is a principle of government in which the law applies to government officials as
much as to ordinary citizens. This means both the people and government officials must obey the
laws. Under rule of law, elected officials do not receive special treatment; they have to follow the
same laws the citizens of the United States follow.
Source: MSDE Government Online Course
19
Rule of Law in action
Source: http://www.whitehouse.gov/history/presidents/
In the 1970s, President Richard Nixon and members of his administration were investigated for
their role in the break in at the Democratic Party’s election headquarters at the Watergate hotel
and office complex and the cover up. The White House maintained that they did not participate
in any wrong doing. As time went on, it became clear that members of the administration were
involved in the cover up.
Think about . . .
• What principles of government evolved from the Magna Carta?
• How does the principle of rule of law apply to the President?
Source: MSDE Government Online Course
20
Part 2: European Philosophers and Their Thoughts about Government
Many ideas about government came from the ideas of European philosophers who wrote about
government. These writers include Rousseau, Montesquieu, and Locke.
Baron de Montesquieu
In 1748, the Baron de Montesquieu, in his book The Spirit of the Laws wrote:
“…When the legislative and executive powers are united in the same person, or in the same body
of government, there can be no liberty; because apprehensions may arise lest the same monarch
or senate should enact tyrannical laws, to execute them in a tyrannical manner. . .”
This means that the power to make and enforce laws should be separated to protect the liberty of
the people.
This principle of separation of powers became one of the major principles of United States
government. The Constitution created a separate legislative branch to make laws, an executive
branch to enforce laws, and a judicial branch to interpret laws. The writers of the Constitution
also created a system of checks and balances to prevent one branch from becoming more
powerful than another branch. Each branch has special powers to limit the powers of the others.
These principles help protect the liberty of individuals.
Separation of Powers and the United States Constitution
Read the excerpt from the Federalist Papers.
The accumulation of all powers, legislative, executive and judiciary in the same hands, whether
of one, a few or many...may be justly pronounced the very definition of tyranny."
James Madison, Federalist 47
Separation of powers is a principle of government written in the U.S. Constitution in which the
power of government is divided among the 3 branches of government: the legislative, executive,
and judicial branches.
Source: MSDE Government Online Course
21
The U.S. Constitution provides for three branches of government. The legislative branch makes
laws, the executive branch enforces the laws, and the judicial branch interprets the laws.
These powers were separated so no one branch or government official has all the power. The
framers of the Constitution knew what might happen if one person or group gets all of the power.
Think about . . .
•
•
•
How does separation of powers prevent a government from becoming too powerful?
What do you think are the advantages and disadvantages of separation of powers?
How might separation of powers affect the functioning of government?
Source: MSDE Government Online Course
22
Checks and Balances and the United States Constitution
The Constitution also provided for a system of checks and balances between branches. The
framers of the Constitution created this system to balance the powers in the government.
Checks and balances mean that no one branch of government can become more powerful than
another branch of government. The power of one branch is checked by the power given to
another branch. The Constitution limits the power of government by separating the powers
between the 3 branches.
Source: MSDE Government Online Course
23
Study the chart below, and use it to identify what check is taking place between branches in the
interactive practice and the questions that follow. Check your answers with a partner or with
your teacher.
1. If Congress makes a law, what can the President do if he does not approve of the law?
2. If Congress does not think the President’s veto was fair, what can the Congress do?
3. If a law or action is unlawful, which branch determines if it is unconstitutional?
4. The system of checks and balances between branches was created to balance the powers in
the government.
Source: MSDE Government Online Course
24
Protection of Individual Rights
John Locke and Jean-Jacques Rousseau
John Locke
Jean-Jacques Rousseau
In the 17th and 18th centuries, John Locke and Jean-Jacques Rousseau wrote about the social
contract theory of government. This theory says that the people agree to abide by the rules of a
government and, in return, the government protects the people and provides order. John Locke
also talked about the natural rights which people are born with, including life, liberty, and
property. Social contract theory says that people trust the government to protect their rights and,
in turn, they give up certain freedoms.
Protection of Individual Rights and the United States Constitution
Declaration of Independence
Thomas Jefferson
Thomas Jefferson studied the works of Locke, Rousseau and other philosophers and used their
ideas in the Declaration of Independence. Jefferson wrote:
“…We hold these truths to be self-evident, that all men are created equal, that they are endowed
by their Creator with certain unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness. — That to secure these rights, Governments are instituted among Men,
deriving their just powers from the consent of the governed, … That whenever any Form of
Government becomes destructive of these ends, it is the Right of the People to alter to abolish it
and to institute new Government…
Source: MSDE Government Online Course
25
The Declaration lists the reasons for the revolt against Great Britain and describes a new
government. The idea of man’s life, liberty and the pursuit of happiness came from Locke. The
idea of consent of the governed comes from the social contract theory. The government’s power
comes from the people who are willing to give up some of their freedoms in order for the
government to protect their rights.
Protection of Individual Rights and the United States Constitution
Another principle of democracy is the protection of individual rights. This means that the rights
of individuals cannot be taken away by the government. The Bill of Rights, the first ten
amendments to the Constitution, protects the rights of individuals.
Equal protection is a principle of U.S. government guaranteed by the Constitution. It began with
a statement in the Declaration of Independence that states:
"We hold these truths to be self-evident, that all men are created equal . . ."
This statement means that all people are entitled to equal protection and treatment before the law
regardless of their religion, race, sex, ability, age, etc. The Supreme Court ruled that both the 5th
and 14th Amendments provide equal protection.
Protection of Individual Rights in Action
Throughout American history, not everyone has had their rights protected. In this part of the
lesson, we will read about three individuals who played a significant role in advancing the rights
of African Americans, women and those with disabilities.
•
•
•
Martin Luther King, Jr.
Susan B. Anthony
Justin Dart
Martin Luther King, Jr. led the
civil rights movement of the
1960s to get equal opportunities
for all people. His efforts led to
the
desegregation
of
public
facilities and legal provisions for
equal rights such as the Civil
Rights Act of 1964.
Source:
http://www.nps.gov/malu/documents/king_carter.htm
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Susan B. Anthony worked in the
late 1800s to protect women’s
rights. She fought to change the
Constitution so that women could
vote and demanded the same
opportunities for women that men
had. Although she died before the
19th Amendment was ratified,
which guaranteed women the
right to vote, she did convince the
University of Rochester to admit
Source: http://www.archives.gov/calendar/
women in 1900.
Justin Dart was the leader of the
international disability rights
movement and a renowned human
rights activist . He was present
when President George H.W.
Bush signed the American with
Disabilities Act. His efforts
insured that schools and public
Source:
http://www.disabilityhistory.org/dwa/edge/curriculum/gov
businesses would not discriminate
against individuals with learning
disabilities or other disorders.
Think about . . .
• How did Martin Luther King Jr., Susan B. Anthony and Justin Dart help to protect the rights
of individuals.
Source: MSDE Government Online Course
27
Popular Sovereignty and the United States Constitution
The Declaration of Independence states:
"That whenever any Form of Government becomes destructive of these ends, it is the Right of
the People to alter or to abolish it, and to institute new Government, laying its foundation on
such principles and organizing its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness. . ."
What principle of government is described in this excerpt?
It is the principle of popular sovereignty. Popular sovereignty means rule by the people. The
people are the source of any and all government power and the government can exist only with
the consent of the governed or permission from the people. The Declaration of Independence
included the principle of popular sovereignty and this is included in the United States
Constitution.
Think about . .
• According to Locke and Rousseau, what rights does every person have?
• If the government provides order and protection of rights, what are your responsibilities?
• What are the ways in which you can tell the government what you want. Discuss your ideas
with a partner.
Source: MSDE Government Online Course
28
Part 3: Other Principles of Democratic Government and the Constitution
Federalism
Do you remember this graphic? What does it describe?
If you said a federal system of government, you are correct.
The Constitution provides for a federal system of government. Under this federal system, power
is divided between national (federal) and state governments. Both levels of government have
their own officials and agencies. Both levels also pass, enforce, and interpret laws that directly
affect citizens. In the federal system, the national (federal) government acts for the country as a
whole and the states have power over local matters.
Think about the powers that are given to the national government:
declare war, print money, provide post offices, and maintain the armed forces
States do not and cannot have these powers that are outlined in the United States Constitution.
What are some examples of powers that are left to the states?
providing schools and police, drivers’ licenses, and conducting elections
These are some of the powers that are left to the states. Can you think of others?
By providing powers for the federal government and for state governments, the Constitution sets
up a federal system of government.
Think about . . .
•
•
What is a federal system of government?
How does a federal system of government affect you?
Source: MSDE Government Online Course
29
Judicial Review
Judicial review is the power of the judicial branch of government (the courts) to decide if acts of
the legislative or executive branches of government violate the nation’s constitution. This power
allows the judicial branch to check the other branches. The federal courts have this power. The
Supreme Court is the final authority on the meaning and interpretation of the Constitution.
The Constitution did not directly give the power of judicial review to any branch. The power of
federal courts to review and rule on the actions of the government (judicial review) is a result of
a decision that the Supreme Court made in Marbury v. Madison (1803).
Judicial Review in Action Marbury v. Madison (1803)
Facts of the case:
William Marbury received a commission to be a justice of the peace for Washington, D.C. at the
end of President John Adams’ term of office. In the confusion of the last day of his Presidency,
the outgoing Secretary of State John Marshall did not deliver the commission paperwork to
Marbury. After Thomas Jefferson became President, William Marbury asked the new Secretary
of State, James Madison, for his commission. Madison refused to deliver the commission. To
protest this action, Marbury went to the U.S. Supreme Court and asked them to issue a writ of
mandamus. A writ of mandamus is an order from the court telling an official to perform their
duties. This action would force Secretary of State James Madison to deliver the commission.
Marbury believed that under the Judiciary Act of 1789 the Court could issue such a writ.
Source: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
Decision:
The Supreme Court ruled that, while Marbury was due his commission, the Supreme Court was
not the proper court to go to. While the Judiciary Act of 1789 gave the Supreme Court the power
to issue such a writ, it was not a power given to the Supreme Court by Article 3 of the
Constitution. As a result, Chief Justice Marshall said that the Judiciary Act 1789 was in conflict
with the Constitution. Because the Constitution was supposed to be the supreme law of the land,
the Supreme Court could not enforce a law that violated it. This case established the Supreme
Court’s power to review acts of Congress and to declare federal laws that are in conflict with the
Constitution invalid. This power is referred to as judicial review.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
Think about . .
• Describe the principle of government established by the decision in Marbury v. Madison.
Source: MSDE Government Online Course
30
Majority Rule
Majority rule is a principle of government that allows that the greater number of citizens in any
political unit, such as a state or town, can select officials and determine policies. Those with the
lesser number of citizens are referred to as the minority.
Through the principle of majority rule the United States makes important decisions. This means
that more than half of the people, the majority, makes the decisions but the rights of the
minority are still protected. People who are not in power are permitted to state their opinions and
try to gain power.
Majority Rule in Action
In the United States, there are two major political parties, the Democrats and Republicans. Each
party has been a majority and a minority party at different times in our history.
Examine the charts below to determine majority and minority parties
Congress (Years)
95th (1977-1979)
96th (1979-1981)
97th (1981--1983)
98th (1983-1985)
99th (1985-1987)
Number of
Representatives
435
435
435
435
435
Democrats
Republicans
292
277
242
269
253
143
158
192
166
182
Other
(Independents)
0
0
1
0
0
1. What party is in the majority in 1980?
2. In 1977, which party was in the minority?
3. What party appears to dominate the House of Representatives during the 1980s?
1. Which party was the majority party in 2002?
2. In 2005, which party was in the minority?
3. What party dominated the House of Representatives from 1997-2005?
Source: MSDE Government Online Course
31
Student Resource: Principles of Democratic Government
Principle
Rule of law
Definition
Connects to Me
Separation of Powers
Checks and Balances
Protection of
Individual rights
32
Connects to the World
Student Resource: Principles of Democratic Government
Principle
Popular Sovereignty
Definition
Connects to Me
Federalism
Judicial Review
Majority rule
33
Connects to the World
Federal Government
Executive
Branch
Legislative
Branch
President
Congress
Enforces the
laws
Senate and House of
Representatives
Makes the laws
34
Judicial
Branch
Supreme Court
Interprets the
laws
State Government
Executive
Branch
Legislative
Branch
Judicial
Branch
Governor
General
Assembly
Court of
Appeals
Enforces the
laws
Senate and House of
Delegates
Makes the laws
35
Interprets the
laws
Local Government
Executive
Branch
Legislative
Branch
Judicial
Branch
Executive or
Mayor
County or
City Council
Enforces the
laws
Makes the laws
State - District
and Circuit
Courts
Interprets the
laws
36
Identifying Principles of Democratic Government
Part 1
Directions: Read each scenario and identify the principle of democratic government. Choose
from the following list:
Popular Sovereignty
Rule of law
Separation of Powers
Checks and Balances
Federalism
Rights of Individuals
Judicial Review
Majority Rule
1.
2.
3.
4.
5.
6.
7.
8.
Paul was arrested and charged with armed robbery. Paul was provided a lawyer to prepare
for his trial.
Over 70% of the citizens in Snickersville voted for a tax increase to build a new park in the
center of town.
The President appointed a new Justice for the Supreme Court and the Senate will review his
appointment in the next week.
The Supreme Court declares a presidential action unconstitutional.
The President, the members of Congress, and the Justices of the Supreme Court pay taxes
just like every citizen in the United States.
The Tenth Amendment to the Constitution states that there are powers that belong to the
states. In other parts of the Constitution, powers are given to the national (federal)
government.
The Constitution provides for legislative, executive and judicial branches of government.
The people called a town meeting to debate construction of a new park.
Part 2
Directions: Read the following excerpts and identify the principle(s) or right that is described.
1.
William and Mary of Orange became ruler of Great Britain after accepting the Bill of Rights
in 1689.
English Bill of Rights
“And thereupon the said lords spiritual and temporal and commons . . . do . . declare. . . That
it is the right of the subjects to petition the king…”
“That election of members of parliament ought to be free…”
“ That excessive bail ought not to be required no excessive fines imposed nor cruel and
unusual punishments inflicted…”
What are the rights or principles in this excerpt?____________
37
2.
In 1620, men aboard the Mayflower agreed to this plan for governing.
Mayflower Compact
"In the name of God, Amen. We, whose names are underwritten, . . .solemnly and mutually
in the Presence of God and one of another, covenant and combine ourselves together into a
civil Body Politick, . . . And by Virtue hereof to enact, constitute, and frame, such just and
equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be
thought most meet . . for the General good of the Colony; unto which we promise all due
submission and obedience.
What are the rights or principles in this excerpt?____________
38
Marbury v. Madison (1803 )
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
McCulloch v. Maryland (1819)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
39
Plessy v. Ferguson (1896)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
Brown v. Board of Education (1954)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
40
Gideon v. Wainwright (1963)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
Miranda v. Arizona (1966)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
41
Tinker v. Des Moines (1969)
Facts:
)
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
New Jersey v. T.L.O. (1985)
Facts:
http://www.supremecourtus.gov/images/court_1215.gif
Decision:
42
Session 2 – Bill of Rights
Overview
In the previous session, students learned about principles of government including protection of
individual rights. In this session, students examine the Bill of Rights to learn about the rights
guaranteed in the United States. This is applied to case studies about Gideon v. Wainwright and
New Jersey v. T.L.O. In the next session, students examine the powers of government.
Objectives:
4. Identify the rights in the Bill of Rights and how they protect individuals and limit the power
of government (1.1.1 i)
5. Explain how amendments to the Constitution expand or limit individual civil liberties, such
as the 14th Amendment, 18th Amendment and proposed flag burning amendment (1.1.1 k)
6. Examine the purpose of eminent domain and how it affects citizens rights (1.1.2 e)
Assessment Limits
 Documents: Declaration of Independence, United States Constitution. Basic Principles:
limited government, consent of the governed, popular sovereignty, majority rule and rule of
law
 Evaluate how principles assist or impede functions of government. Concepts: federalism,
separation of powers, checks and balances, judicial review, representative democracy,
limited government, rule of law, individual rights and responsibilities, consent of the
governed, majority rule, popular sovereignty, equal protection, and eminent domain
Key Questions
1. What rights are guaranteed in the Bill of Rights?
2. How do these rights affect the people and the government?
3. Why is the Constitution called a living document?
4. What is the impact of the amendment to the Constitution on the on the people in the United
States?
Key Terms
 Amend
 Propose
 Ratify
 Repeal
 Petition
 Warrant
 Federalism
 Due process of law
 Grand jury
 Indictment
 Eminent domain
Directions
43
1. Engaging Students. Direct students to record in their notebooks a list of rights guaranteed
by the Constitution.
Review the list. Explain that these rights are found in the Bill of Rights, amendments that
were added to the Constitution. Define amendment (amending) as necessary.
2. Developing Understanding – Before and During – Amending the Constitution. Direct
students to the amending process in their textbook. Set a purpose to read:
•
describe how the United States Constitution may be changed by amending
Direct students to summarize the process in their notebooks, using a graphic representation.
3. Developing Understanding – Before and During – Bill of Rights. Direct students to the
Bill of Rights in their textbook. Distribute Student resource sheet Bill of Rights – The First
Ten Amendments to the Constitution.
Set the purpose to read:
• identify the rights in the Bill of Rights
Direct students to complete Amendment 1 and then conduct a brief discussion, reviewing
rights. Ask students to share their depictions of rights.
Repeat process, breaking the amount of work into chunks and reviewing periodically.
Monitor student progress.
4. Developing Understanding – After Reading – Amending the Constitution. Pair students
to discuss the following:
•
•
explain how the United States Constitution may be changed by amending
explain why it is important to be able to amend the Constitution
After students discuss amending, conduct a brief whole class discussion reviewing the
information.
5. Checking for Understanding – Application – Gideon v. Wainwright. Explain that the
Gideon v. Wainwright Supreme Court decision affected the rights of those accused of crimes.
Distribute the Gideon v. Wainwright resource sheet and direct students to read about Gideon
and then answer a question.
Conduct a whole class discussion reviewing the rights related to the Gideon case. Ask:
• How is this case related to the Bill of Rights?
6. Homework - Checking for Understanding – Application – New Jersey v. T.L.O. Explain
that the Supreme Court decision in New Jersey v. T.L.O also affected rights. Distribute New
Jersey v. T.L.O and explain that students are to read the case and explain how it applies to the
Bill of Rights.
44
Ask students to respond to the following in their notebooks in preparation for the simulation
at the end of this unit:
• Which do you think are the most important principles of government and rights of
individuals? Explain.
Resources
1. Optional Lessons: We the People: The Citizen and the Constitution, Center for Civic
Education, Lesson 19, pp. 96-101 describes the rights protected by the Bill of Rights and
how the Bill of Rights was added to the Constitution. The teacher edition provides teaching
strategies for the lesson.
(Note: This text is available in elementary, middle, and high school versions. The suggested
lessons in this session are from the high school version. All versions have similar content,
but different reading levels. Choose what is most appropriate for your classes. Contact
Marcie Taylor-Thoma, MSDE, for copies of the text.)
2. Collections of Lesson Plans on the Bill of Rights
• Lesson plans from The Bill of Rights
Institute
http://www.billofrightsinstitute.org/article.php?sid=270
• Lesson plans concerning the Bill of Rights from The National Constitution Center
(categorized by elementary, middle, and high school levels and adaptable for adult learners
at many
levels)
http://www.constitutioncenter.org/sections/teacher/lesson_plans/bill_rights.asp
(see also their main index page for many other lessons concerning the Bill or Rights and
its freedoms -http://www.constitutioncenter.org/sections/teacher/lesson_plans/lessons_main.asp)
• Lesson Plans for teaching the First Amendment from
freedomforum.org
http://www.freedomforum.org/templates/document.asp?documentID=1
3588
3. United States Government Democracy in Action (Remy, Glencoe/McGraw-Hill), Chapter 3
Section 4.
4. Online Course: Unit 2 Bill of Rights
45
Name:
Bill of Rights - The First Ten Amendments to the Constitution
Amendment
Description
Draw a picture to help you remember the right.
1
2
3
4
5
46
Amendment
6
Description
Draw a picture to help you remember the right.
7
8
9
10
47
Gideon v. Wainwright
Directions: Read the information about the 6th Amendment. Then read the case study Gideon v.
Wainwright and answer the question that follows.
Sixth Amendment
The amendment protects certain rights of an accused person.
• The accused person has the right to know the charges. The accused must be told what crime
they are accused of and who made the accusations
• The accused has the right to know who will be a witness and challenge their testimony and
call his/her own witnesses.
• The accused has a right to a speedy public trial and an impartial jury. Anyone accused of a
crime has the right to a speedy and public trial by an impartial jury. The jury is a group of
people who are not biased toward the defendant or case.
• The accused has the right to be represented by an attorney (lawyer/counsel).
Case study: Gideon v. Wainwright (1963)
Clarence Gideon
Source: http://www.crimelibrary.com/graphics/photos/gangsters_outlaws/cops_others/clarence_gideon/6-1-Clarence-Gideon.jpg
Facts of the case:
Clarence Earl Gideon was arrested in Florida and charged with burglary of a pool hall. This was
a felony. Gideon asked the court to appoint an attorney to represent him since he could not afford
to hire a lawyer to defend him. The court denied his request and Gideon represented himself. At
the time, the law only required the state to appoint attorneys for poor defendants in death penalty
cases. Gideon was convicted and sentenced to five years in prison. While in prison, Gideon
appealed his guilty verdict to the United States Supreme Court. Gideon claimed that the failure
of the trial court to provide him with an attorney violated the protections in the 6th and 14th
Amendments.
Source: MSDE Government Online Course
48
Decision:
The Supreme Court unanimously ruled in Gideon, through the 14th Amendment, that the
protections of the 6th Amendment were extended to the states for all felony cases. This meant
that states were required to appoint counsel for all poor defendants in felony cases. The Court
reversed the decision of the Florida courts and sent the case back to the state for a new trial. At
this trial, Gideon was acquitted of the charges.
Directions: Answer the following and be prepared to discuss your response.
• Explain how the Bill of Rights applies to the decision in Gideon v. Wainwright.
Source: MSDE Government Online Course
49
Case Study: New Jersey v. T.L.O. (1985)
“The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.” (1791)
Fourth Amendment
Facts of the case:
T.L.O. was a 14 year old student at a New Jersey public high school. The school had specific
rules against smoking in school buildings or on school property. A teacher found T.L.O. and
another student smoking in the bathroom and sent her to the assistant principal’s office. T.L.O.
denied that she had been smoking and the assistant principal searched her purse. During the
search, the assistant principal found a package of rolling papers, a small amount of marijuana, a
pipe, a number of empty plastic bags, a large number of one dollar bills, a list of students that
owed the student money and two letters that implicated T.L.O. in marijuana dealing. The State
brought delinquency charges against T.L.O. in New Jersey Juvenile Court. At the hearing, the
student’s attorneys claimed that the evidence could not be used because it had been found during
an illegal search in violation of the student’s constitutional rights against unreasonable search
and seizures. They argued that the Constitution required that there be probable cause and a
warrant to admit any of the evidence.
Decision:
The U.S. Supreme Court ruled that the Fourth Amendment’s ban on unreasonable searches and
seizures does apply to public schools but that the warrant less search in this case by school
officials was reasonable. Justice Byron White stated in the court’s written opinion that school
officials may search a student in school as long as there are “reasonable grounds for suspecting
that the search will turn up evidence that the student has violated or is violating either the law or
the rules of the school.” The New Jersey v. T.L.O case establishes with regards to the 4th
Amendment, that the rights of students, while at school, are not equivalent to the rights of adults.
When school officials search a student, they do not have to obtain a search warrant nor have
probable cause before conducting a search, but they must have a reasonable suspicion that a
school rule has been violated. This is in contrast to police, who need to demonstrate probable
cause that individuals they search have violated a law.
• Explain how the Bill of Rights applies to the decision in New Jersey v. T.L.O.
Source: MSDE Government Online Course
50
Session 3 – Powers of Government
Overview
After learning about principles of government and individual rights in the Bill of Rights, students
use a reading strategy and powers cards to learn how the federal system of government divides
and shares power between national and state governments. The session concludes with an ECR.
1. Explain how the powers of government are divided and shared on the national and state
levels including delegated, reserved, concurrent powers (1.1.2 b)
2. Explain the powers denied to the national and state governments including: bills of
attainder, ex post facto laws and the suspension of habeas corpus in the Constitution
(1.1.2 g)
Assessment Limits
 Evaluate how principles assist or impede functions of government. Concepts: federalism,
separation of powers, checks and balances, judicial review, representative democracy,
limited government, rule of law, individual rights and responsibilities, consent of the
governed, majority rule, popular sovereignty, equal protection, and eminent domain
Key Questions
1. What are the delegated, reserved, concurrent, and denied powers?
Key Terms
 Delegated powers
 Reserved powers
 Concurrent powers
 Denied powers
Directions
1. Engaging Students. Divide students into groups of fours. Place the following on the
overhead and ask students to discuss it in their groups.
At your school, the principal and other administrators run the school. Each teacher runs
his/her own classroom.
• How is power divided in this situation? How do you know?
• How is this situation like the United States government?
Review student ideas and connect to definitions of powers in the Constitution. Direct
students to record definition in their notebooks and to leave space for examples.
• delegated powers – powers specifically given to the national government as written in the
Constitution
• reserved powers – powers not listed or denied by the Constitution. Reserved powers are
reserved for the states – and through the states to local governments
51
2. Developing Understanding – During Reading Strategy – Partner Read/Pause/Retell.
Divide students into pairs and direct them to powers chart in their textbook. Explain that they
will be using a reading strategy that will help them understand what they are reading.
Set the purpose to read:
• identify delegated powers of the national government
• identify reserved powers of the state government
3. Checking for Understanding – After Reading – List, Group, Label. Combine students
into groups of four and distribute a set of powers cards to each group. Direct students to stack
the cards into three piles representing powers of the national government only, powers of the
state government only, and other.
After grouping cards, ask students to study the “other” group and develop two categories for
these cards. Tell students to consider the following:
• Is the power shared by both national and state government?
• Is this a power that a limited, democratic government should have?
Direct students to create two new categories of powers and record the following in their
notebooks. Direct students to the reading strategy to complete listing of concurrent and
denied powers.
• concurrent powers – those powers shared by the states and national governments
• denied powers – those that the Constitution prohibits the national, state, or local
governments from having
4.
Check for Understanding – Powers. Distribute the Powers Quiz and direct students to
complete it.
Resources
1. Optional Lessons: We the People: The Citizen and the Constitution, Center for Civic
Education, Lesson 13 pp. 68-73 describes the powers of the legislative branch and limits on
powers; Lesson 14, pp. 74 – 79 describes the powers of the executive and judicial branches.
The teacher edition provides instructional strategies.
(Note: This text is available in elementary, middle, and high school versions. The suggested
lessons in this session are from the high school version. All versions have similar content,
but different reading levels. Choose what is most appropriate for your classes. Contact
Marcie Taylor-Thoma, MSDE, for copies of the text.)
2.
3.
United States Government Democracy in Action (Remy, Glencoe/McGraw-Hill). Chapter 6
provides an explanation of powers of Congress. Chapter 4 described national and state
powers including implied, expressed, concurrent and denied. An excellent graphic is in this
chapter.
Online Course: Unit 2 Principles of Government, Roots of American Democracy
52
Read, Pause, Retell, Reread, or Read-on Reading Strategy
Good readers develop a skill called metacognition, that is, they think
about what they are reading while they are reading. The process outlined
below will help you try this skill. It will be a little slow at first, but with
time will become automatic and the steps and a partner will not be
necessary.
1. Read the text.
2. Pause to think what it means and put it in your own words.
3. Retell what the text means to your partner. Your partner will tell
you if they agree or disagree with your re-telling.
4. If there is disagreement or confusion, reread the text to clarify.
5. Read on further in the text once you have come to agreement.
Teacher Transparency
53
Specific Directions to Learn About Powers – Using a Chart
A. Read the text in the chart about delegated powers and think
about the information. In your own words, retell the information
to your partner.
B. Your partner will repeat what he or she understands back to
you. When you both have reached understanding and
agreement, record in your own words the delegated powers you
agree upon.
C. Your partner now repeats the process for reserved powers.
D. Use this strategy to collect information about concurrent powers.
Teacher Transparency
54
Conduct elections
Jail people without a trial
(bills of attainder)
Declare war
Negotiate treaties
Maintain an army, navy
and air force
Regulate interstate and
foreign trade
Print and coin money
Conduct foreign
affairs
Directions: Copy powers to create a set for each
group of four students. Cut powers into sets.
Determine qualifications
of voters
Enforce federal laws
Hear cases involving the
Constitution, treaties,
disputes between states,
ambassadors
Conduct elections
Directions: Copy powers to create a set for each
group of four students. Cut powers into sets.
Govern marriage and
divorce laws
Establish and support
schools
Enforce laws
Regulate intrastate trade
(inside a state)
Establish local
governments
Grant pardons
Make and interpret laws
Borrow money
Directions: Copy powers to create a set for each
group of four students. Cut powers into sets.
Punish lawbreakers
Protect the rights of
citizens
Establish and maintain
courts
Pass laws that apply to
actions occurring before
the law was passed (ex
post facto law)
Jail people without a trial
(bills of attainder)
Levy (collect) taxes on
exports
Directions: Copy powers to create a set for each
group of four students. Cut powers into sets.
Grant titles of nobility
Issue drivers licenses
Build roads
Take private property for
public purposes with just
payment
Directions: Copy powers to create a set for each
group of four students. Cut powers into sets.
Types of Powers Quiz
Directions: Read each example. Determine what type of power the example represents.
Delegated power
Concurrent power
Reserved power
Denied power
1. Conduct elections
2. Print money
3. Making and enforcing laws
4. Appoint Manuel as the Duke of St. Mary’s County
5. Declare war
6. Protect the rights of citizens
7. Establish schools
8. Jail lawbreakers without a trial
Session 4 – Creating a Government Simulation
Overview
After learning about principles of government, the Bill of Rights, and powers of government,
students engage in a simulation in which they debate the merits of various types of governments
and economies. After much debate, they determine the best government and economic system
for Marlandia, an imaginary nation. Students conclude by writing a constitution for their nation.
At the conclusion of this activity, an end of unit assessment is given.
Objectives
1. Describe the purposes of government, such as protecting individual rights, promoting the
common good, and providing economic security (1.1.1 a)
2. Evaluate why governments are formed (1.1.1 b)
3. Assess the advantages and disadvantages of various political systems through a realistic
simulation.
4. Evaluate the role of government in providing public goods, such as national defense and
public education
5. Compare the advantages and disadvantages of a direct and a representative democracy (2.2.1
a)
6. Compare parliamentary and presidential democracies (2.2.1c)
7. Describe the characteristics of limited (democratic) and unlimited (authoritarian)
governments (2.2.1 d)
8. Evaluate the advantages and disadvantages of limited and unlimited governments (2.2.1 e)
9. Describe how governments organize their economic system for the production, distribution
and consumption of goods and services (4.1.1b)
10. Apply the principles of federalism, checks and balances, rule of law, judicial review,
separation of powers, consent of the governed and majority rule to real world situations
(1.1.1 j)
11. Evaluate the principles of federalism, representative democracy, popular sovereignty, consent
of the governed, separation of powers, checks and balances, rule of law, limited government,
majority rule and how they protect individual rights and impact the functioning of
government (1.1.2 a)
12. Analyze the principle of equal protection and how it has affected individual rights (1.1.2 c)
Assessment Limits
• Documents: Declaration of Independence, United States Constitution. Basic Principles: limited
government, consent of the governed, popular sovereignty, majority rule and rule of law
• Evaluate how principles assist or impede functions of government. Concepts: federalism,
separation of powers, checks and balances, judicial review, representative democracy, limited
government, rule of law, individual rights and responsibilities, consent of the governed,
majority rule, popular sovereignty, equal protection, and eminent domain
• Types of Democratic (Parliamentary and Presidential), and Authoritarian (Monarchy,
Oligarchy, Dictatorship, Totalitarian) Political Systems; Forms of Government
(Confederation, Federal, Unitary)
Directions
1. Engaging Students. Divide students into groups and direct them to discuss the following:
• What are the types of governments?
• What are the advantages and disadvantages of each type of government?
2. Developing Understanding – Creating a Government Simulation. See Teacher
Preparation page.
3. Developing Understanding – Debriefing the Simulation. Conduct a brief whole class
discussion asking:
• Why are governments formed?
• What are the advantages/disadvantages of limited and unlimited governments?
• What is the role of government in providing defense or education?
• Compare how the type of government might assist or impede the functioning of
government.
4. Check for Understanding. Direct students to respond to the following:
• Describe the characteristics of the type of government that was chosen for Marlandia.
• Is this the best type of government for Marlandia? Explain why or why not.
• Include details and examples to support your response.
Teacher Preparation
1. Room Arrangement. At the beginning of the simulation, at least four areas of the room need
to be identified for meeting areas of the group. At the assembly, students will sit in the center
of the room so that all students can hear the debate.
2. Organizing Groups. Organize students into at least four groups based on the population
percentage of the imaginary nation. For example: in a class of 32:
Group 1 = 16 members (50%)
Group 2 = 6 members (approximately 18%)
Group 3 = 7 members (approximately 22%)
Group 4 = 3 members (approximately 10%)
Consider creating other groups such as a group of journalists who will cover the proceedings.
The journalists could be from foreign nations and these students may research the type of
government of their nation and write from this perspective. Students could also be United
Nations observers and may research that role as part of this simulation. These students may
also observe the behavior of the groups in the imaginary nation to identify actions that deter
the formation of a government.
Cards with a description of a role are included for distribution to students.
3. Creating Identities. Designate an area of the room for each group to meet. Direct groups to
read the description of their role and then create a name for their group. Distribute a piece of
chart paper to each group to create a sign to hang in their designated area.
3. Simulation
a. Problems of Marlandia. Distribute Creating a New Government. Direct students to read
about the problems of this imaginary nation. This includes descriptions of each group so that
students begin to understand the challenges of uniting this nation.
b. The Eve of the Assembly. Explain that the citizens of Marlandia are anxiously awaiting
the first meeting of the assembly. It is the evening before the assembly. Direct students to
think about the possible issues facing the assembly. As a whole group, create a list of
potential issues. Review the issues and ask
• How might these issues unite these groups? How might these issues prevent
unification of this nation?
c. Needs of Marlandia. Place the transparency of Marlandia’s Needs on the overhead
projector. Then, students assume their group identity as they consider needs of this imaginary
nation within their groups.
d. Representation in Assembly. Each group should then elect one or two representatives to
speak at the Assembly located in the middle of the room. The Assembly representatives will
refer to Marlandia Needs and to Marlandia Assembly Questions as they form the government
of Marylandia. Remind representatives that, like all representatives in government, they
must simultaneously speak for their constituents’ (groups) interests but also keep in mind that
the greater goal is to cooperate and collaborate to form a unified government.
e. Debate. After the assembly has deliberated for awhile, the teacher might interrupt the
assembly and ask students who are observing group dynamics to comment on behaviors of
representatives.
Students who are playing the role of journalist should present periodic reports on the
proceedings. These reports may be presented as television reports or as newspapers
depending on the class and resources available.
Consider rotation of the role of representative. (Example: The representative becomes ill and
returns home. A new representative from the group is sent to the Assembly.) An alternative is
to assign a new group identify. (Example, assign a member of Group 1 to Group 2). The
purpose is to keep students engaged in the simulation.
f. Vote on Government. Representatives should be given the time to speak with their
groups about the type of government that is best for Marlandia. After this brief meeting with
the groups, representatives should return to the Assembly. Allow representatives to debate
the issue before a vote is taken.
If representatives choose a democracy, then they must further debate the type of democracy
that will be instituted. Will it be a direct or representative democracy? Will it be presidential
or parliamentary?
g. Write a Constitution. Students have determined the type of government. Direct them to
write a constitution that clearly describes
 principles of government in Marlandia
 executive branch
- selection of leader
- terms of office
- qualifications
- major powers
 legislative branch
- single or bicameral legislature
- selection of legislators
- representation based on population or equal representation
- term of office
- qualifications
- major powers
 judicial branch
- selection of judges

- term of office
- qualifications
- major powers
other major powers/rights/protections necessary for the government for function properly
g. Type of Economic System. Governments make decisions on how to answer basic
economic questions. Direct students to their original groups to identify the economic system
that best suits their area. Then, ask Assembly members to convent to determine the best
economic system for Marlandia.
h. Conclusion. Conclude with a whole class discussion in which the following questions are
discussed:
• Why are governments formed?
• What are the advantages/disadvantages of limited and unlimited governments?
• What is the role of government in providing defense or education?
• Compare how the type of government might assist or impede the functioning of
government.
Creating a New Government
The country of Marlandia is imaginary, but its problems would sound very familiar to the leaders
of many of today’s nations.
Marlandia is a nation that has suffered for nearly twenty years. Officials were corrupt and more
concerned about becoming rich and enjoying luxuries than running the government. Leaders of
the nation paid little attention to the constitution and protection of individual rights.
These officials rarely considered the needs of the citizens of their land. Roads and transportation
systems fell into disrepair. Policemen and firemen found it difficult to do their jobs effectively.
The education system was tuition free and the citizens could go from elementary school through
college and train for jobs in technology, engineering, medicine and education. But these schools
are rarely open because of the conditions. There is a shortage of trained medical personnel and
medical care, especially in the more rural areas. Citizens have difficulty getting to their jobs and
the economy is suffering.
The citizens of Marlandia were frustrated by this ineffective government, but were uncertain
about how to change it. Four major groups struggled for power, but no group united this once
prosperous nation.
Marlandia is a mix of geographic characteristics that, in the past, helped support the economy of
this nation. The south is an area with plentiful rainfall and rich soil that ensures good harvests. It
is able to grow a variety of agricultural products such as fruit, grains, and vegetables.
In the north the treeless, dry, sandy lands support herds of cattle and goats. In the west, flatlands
give way to mountains. The few people who live in the mountains make a living by hunting.
Four groups live in Marlandia. They have recently decided to unite and to become one nation.
The leaders of the tribes are meeting in the city of Balimer to choose a form of government for
Marlandia. They must decide which form of government will best meet the needs of the people
of Marlandia -- dictatorship, oligarchy, or democracy. If they choose a democracy they will have
to determine the type. The many differences between the groups make this a difficult question.
Here is a brief description of each of the four groups:
Group 1: This group with nearly a million people makes up more than half of the entire
Marlandia population. Most members are farmers. Their land is rich and they grow more than
enough food to feed their families. What they don’t eat themselves, they sell to other groups. A
typical farmer builds his own house, clears the land, plants and harvests his own crops. He
greatly enjoys his independence and is not accustomed to taking orders from others. He values
education, which gives him the knowledge to improve crops and production.
Group 2: The region occupied by this group has many lakes and rivers. Because of its rivers
and fine harbor at Port, this region is naturally suited for trade. The citizens of this area are the
merchants of Marlandia. They trade crops and beef for products from their neighbor nations that
border on the east and west as well as other nations. Trade has made this group rich. The
300,000 citizens control most of Marlandia’s money. They value education, and many of them
have studied in Europe. The fine university at Balimer is the only university in Marlandia.
Wealth and education have made many citizens of this region smug.
Group 3: The 400,000 citizens of this group live in the dry northern plains of Marlandia.
Across the border is the warlike nation of Delawar. The citizens of this area seem shy and
peaceful as they herd their animals. The constant war with Delawar affects them. They distrust
everything and anyone foreign. They reject modern medicine, education, and up-to-date
methods of doing things. Many of the men have been killed in war and their group is growing
smaller. The citizens of this group are interested in Marlandia’s unity only because they need
financial help from the citizens of Group 1 and food from Group 2.
Group 4: This is a very small group of less than 100,000 people. They live in small groups that
wander from valley to mountaintop in search of game. The hard life of the average citizen
makes him value hunting and tracking skills more than city manners and fine dress. Whenever a
young boy from this group comes to visit the city, he is laughed at because of his backward
manners and rough clothing. Members of Group 1 and Group 2 treat these people like outsiders.
Group 1
This group with nearly a million people makes up more than half of the entire
Marlandia population. Most members are farmers. Their land is rich and they
grow more than enough food to feed their families. What they don’t eat
themselves, they sell to other groups. A typical farmer builds his own house,
clears the land, plants and harvests his own crops. He greatly enjoys his
independence and is not accustomed to taking orders from others. He values
education, which gives him the knowledge to improve crops and production.
Group 2
The region occupied by this group has many lakes and rivers. Because of its rivers
and fine harbor at Port, this region is naturally suited for trade. The citizens of this
area are the merchants of Marlandia. They trade crops and beef for products from
their neighbor nations that border on the east and west as well as other nations.
Trade has made this group rich. The 300,000 citizens control most of Marlandia’s
money. They value education, and many of them have studied in Europe. The fine
university at Balimer is the only university in Marlandia. Wealth and education
have made many citizens of this region smug.
Group 3
The 400,000 citizens of this group live in the dry northern plains of Marlandia.
Across the border is the warlike nation of Delawar. The citizens of this area seem
shy and peaceful as they herd their animals. The constant war with Delawar affects
them. They distrust everything and anyone foreign. They reject modern medicine,
education, and up-to-date methods of doing things. Many of the men have been
killed in war and their group is growing smaller. The citizens of this group are
interested in Marlandia’s unity only because they need financial help from the
citizens of Group 1 and food from Group 2.
Group 4
This is a very small group of less than 100,000 people. They live in small groups
that wander from valley to mountaintop in search of game. The hard life of the
average citizen makes him value hunting and tracking skills more than city
manners and fine dress. Whenever a young boy from this group comes to visit the
city, he is laughed at because of his backward manners and rough clothing.
Members of Group 1 and Group 2 treat these people like outsiders.
Marlandia’s Needs
1. A leader to unite the people
2. A strong defense against Delawar
3. A plan for economic growth and
development
4. Better roads and railroads
5. More schools and hospitals
6. Protection of rights, including an end to
discrimination
Assembly Questions
Part 1
1. Leadership. Marlandia needs a leader or a group of leaders to unite the people. We need
leadership that all of Marlandia will respect.
Which form of government - dictatorship, oligarchy, or democracy – is most likely to provide
the kind of leadership that is needed? Why?
2. Taxes. Marlandia needs hospitals, schools, and highways. To pay for these projects, the
government will have to collect taxes.
Which form of government - dictatorship, oligarchy, or democracy – can most quickly pass
tax laws to collect money? Why?
The people may rebel if they think their taxes are too high or are unfair. Which form of
government is most likely to pass tax laws that the people will support? Why?
3. National Security/Defense. The people of Group 3 and Group 4 are afraid of unexpected
attacks from Delawar. They want a government that plans for the long-term defense needs of
their nation. They also want a government that can organize a defense quickly if the Dictator
of Delawar attacks.
Which form of government could plan for long-term defense needs of their nation and still be
acceptable to the Groups 3 and 4? Why?
Which form of government would best deal with this immediate crisis? Why?
4. Economic Plan. Marlandia needs to become more modern. An intelligent plan for
developing trade, farming, industry, and technology will speed up its progress. The planners
should be well-educated and have expert knowledge and experience.
Which form of government will give Marlandia the best planners? Why?
5. Protection of Individual Rights. The citizens of Group 4 are frustrated by discrimination
against them.
What form of government can best end discrimination against the citizens of Group 4 and
protect individual rights? Why?
Part 2
1. Choosing the Government of Marlandia
As a representative of your group, you have studied the issues of Marlandia. It is time to
select a type of government. What government will you choose: dictatorship, oligarchy, or
democracy?
If the assembly chose a dictatorship, they must now debate the merits of a dictatorship.
Consider the following questions:
 Will the dictator have absolute power or will this power be granted only in
emergencies?
 Will this be a military dictatorship? If not, how will the dictator take power?
 Will the dictatorship allow a legislative or judicial branch to exist? If so, how
much power will they be allowed?
 How will the dictatorship encourage citizens to be loyal to the government?
 How will the dictatorship prevent an overthrow of the government?
 Will the dictator protect individual rights? If so, what rights are protected?
 Will the dictator allow political parties? Or will this be government in which there
is one political party? Are political parties allowed to criticize the government?
If the assembly chose an oligarchy, they must now debate the merits of a oligarchy.
 Will the oligarchy have absolute power or will this power be granted only in
emergencies?
 Will this be rule by a group of military leaders? Or will it be a group from the
most prominent family(ies)?
 How will the oligarchy take power?
 Will the oligarchy allow a legislative or judicial branch to exist? If so, how much
power will they be allowed?
 How will the oligarchy encourage citizens to be loyal to the government?
 How will the oligarchy prevent an overthrow of the government?
 Will the oligarchy protect individual rights? If so, what rights are protected?
 Will the oligarchy allow political parties? Or will this be government in which
there is one political party? Are political parties allowed to criticize the
government?
If the Assembly chose a democracy, they must now debate the merits of the forms of
democracy - direct, representative, presidential, parliamentary – and then vote on the best
form.
If a representative democracy were chosen, would you support equal representation from
each group or representation based on each group’s share of the total population of the
nation? Explain.
2. Writing a Constitution for Marlandia. You have determined the form of government for
Marlandia. This government must have a constitution. The citizens of Marlandia will work
together to write a constitution. The work on this constitution should be divided among the four
groups of citizens with the help of the Assembly and your teacher. The constitution describes:





principles of government in Marlandia
executive branch
- selection of leader
- terms of office
- qualifications
- major powers
legislative branch
- single or bicameral legislature
- selection of legislators
- representation based on population or equal representation
- term of office
- qualifications
- major powers
judicial branch
- selection of judges
- term of office
- qualifications
- major powers
other major powers/rights/protections necessary for the government for function properly
3. Determining an Economic System for Marlandia. Governments make decisions about
how to answer basic economic questions.
• In your groups, determine whether a traditional, command, market, or mixed economy
best meets the needs of your area.
• Representatives to the Assembly now meet to debate the type of economic system that
will best meet the needs of Marlandia.
Unit 2
End of Unit Assessment
1. The United States Constitution is called a “living document” because it
A. can be changed when needed
B. outlines the government's structure
C. refers to life, liberty, and the pursuit of happiness
D. supports every citizen's right to make a good living
2.
Which of these is a power shared by the federal and state governments?
A. enforcing laws
B. raising armies
C. conducting local elections
D. establishing post offices
3. Which of these principles of government is demonstrated when the Maryland Court of
Appeals declares a Maryland state law unconstitutional?
A. federalism
B. popular sovereignty
C. checks and balances
D. representative democracy
4. The right to be free from unreasonable search and seizure is an example of
A. delegated power
B. judicial review
C. general welfare
D. limited government
5. Which of these is a similarity between the United States Constitution and the Declaration of
Independence?
A. They list the rights of those accused of a crime.
B. They divide powers of government among three branches.
C. They list the grievances of American colonists against Great Britain.
D. They state that government gains authority from the people.
6. Which of these is a responsibility of Maryland's state government?
A. military training
B. education policy
C. Social Security
D. Medicare programs
7. Which of these is a responsibility of the Maryland General Assembly?
A. approving the annual state budget
B. supervising the Maryland State Police
C. reviewing criminal appeals
D. vetoing unpopular laws
Read the excerpts below.
Article 1
“That all government of right originates from the people;...they have...the right to alter, reform,
or abolish their form of Government....”
Article 24
“That no man ought to be taken or imprisoned...but by the judgment of his peers, or
by the law of the land.”
–Maryland Declaration of Rights
8. Which of these constitutional principles is described in Article 1 of the Maryland
Declaration of Rights?
A. The people should have equal protection under the law.
B. State governments and the federal government share powers.
C. The people in a democratic society give their consent to be governed.
D. Each branch of the government has powers over the other branches.
9. In the United States, the central government and the state governments share power.
Which of these terms best describes this type of government?
A. representative democracy
B. federal system
C. confederate system
D. direct democracy
10. A local government allocates funds to expand an elementary school.
Which of these most likely describes an opportunity cost of this policy?
A.
B.
C.
D.
installation of electrical fixtures by the PTA
purchase of new textbooks
free construction materials donated by a local company
the services of volunteer architects to create blueprints
Read the excerpt below.
“No freeman [person] shall be taken or imprisoned,...or outlawed, or banished, or in any way
destroyed, unless by the lawful judgment of his peers, or by the law of the land...”
–Magna Carta, 1215
11. Which of these principles found in the Bill of Rights is based on the Magna Carta?
A. guarantee of free speech
B. protection of the right of the state to organize a militia
C. provision for due process
D. prohibition against excessive bail and fines
12. .Which of these principles of government is demonstrated when the governor of Maryland
vetoes a bill?
A. federalism
B popular sovereignty
C. checks and balances
D. representative democracy
13. Read the quote below.
“The purse and sword must not be in the same hands.”
George Mason
Constitutional Convention
Which of these principles of government is expressed by this statement?
A. rule of law
B. executive privilege
C. popular sovereignty
D. separation of powers
14. Which of these quotes from the Constitutional Convention best represents the principle of
separation of powers?
A
B.
C.
D.
"The preservation of the States . . . is indispensable."
"The purse and sword must not be in the same hands."
"The people can not know or judge the characters of Candidates."
"Look to the votes in Congress, and most of them stand divided by the geography of the
country. . . .
15. One of the main purposes of the Bill of Rights is to
A. limit individual rights
B. strengthen criminal laws
C . limit the power of government
D. improve the court system
Extended Constructed Response
Read the information below then use it to answer the EXTENDED CONSTRUCTED
RESPONSE below. Review the list of freedoms guaranteed by the First Amendment to the
United States Constitution:
freedom of religion
freedom of speech
freedom of the press
the right to peaceably assemble
the right to petition the government
Citizens of a newly independent country are drafting a constitution. They have requested your
help in selecting the two most important rights in the First Amendment to the United States
Constitution to include in their constitution.
•
Choose two First Amendment rights from the United States Constitution that you think
should be included in the new country's constitution.
•
Identify your choices and explain why you think they should be included.
•
Include details and examples to support your answer.
Source: Items from MSDE Public Release
Government Exams