COMPARING THE U.S. AND FLORIDA CONSTITUTIONS SS.7.C.3.13 Compare the constitutions of the United States and Florida. TABLE OF CONTENTS LESSON SUMMARY………………………………………………………………………………………………….. 2 ESSENTIAL CONTENT BACKGROUND……………………………………………………………………………. 4 CIVICS CONTENT VOCABULARY…………………………………………………………………………………...6 SUGGESTED STUDENT ACTIVITY SEQUENCE…………………………………………………………………...7 STUDENT ACTIVITY RESOURCES/HANDOUTS…………………………………………………………………10 SOURCES……………………………………………………………………………………………………………….16 ANSWER KEYS………………………………………………………………………………………………………..17 Organization and Function of Government | SS.7.C.3.13 | 1 Lesson Summary Essential Questions How are the U.S. and Florida constitutions similar? How are they different? NGSSS Benchmark SS.7.C.3.13 Compare the constitutions of the United States and Florida. Florida Standards LAFS.68.RH.1.2 LAFS.7.SL.1.1 LAFS.68.WHST.1.2 LAFS.68.WHST.3.9 LAFS.68.WHST.4.10 Overview In this lesson, students will learn about the purposes of a constitution, the basic outline of both the U.S. and Florida constitutions, and the amendment process for both constitutions. Learning Goals/Benchmark Clarifications Students will identify the purposes of a constitution (provides a framework for government, limits government authority, protects the rights of the people). Students will recognize the basic outline of the U.S. and Florida constitutions (both have articles, amendments, and preambles). Students will compare the amendment process of the U.S. and Florida constitutions. Students will recognize the U.S. Constitution as the supreme law of the land. Benchmark Content Limits Items will not require students to identify constitutional language with particular sections. Civics EOC Reporting Category Reporting Category 4 – Organization and Function of Government Suggested Time Frame Two 45-50 minute class periods Civics Content Vocabulary amendment, article, authority, constitution, Florida Declaration of Rights, preamble Instructional Strategies Document analysis Collaborative learning Direct instruction Materials Copies of the Florida Constitution: http://www.flsenate.gov/Laws/Constitution Copies of the U.S. Constitution – for student use and to be projected on the board for the whole class: http://constitutioncenter.org/constitution#article-list Student activity sheets and reading materials: Comparative Constitutions packet from iCivics Amending the U.S. Constitution reading Amending the Florida Constitution activity sheet Organization and Function of Government | SS.7.C.3.13 | 2 Lesson Activities and Daily Schedule Please use the chart below to track activity completion. Day Day One Day Two Task # Task 1 Task 2 Task 3 Task 3 Steps in Lesson 1-3 4-8 9-33 9-33 Task 4 34-41 Task 5 42 Description Completed? Yes/No Hook Activity Comparing Constitutional Structures Activity Comparative Constitutions Activity Comparative Constitutions Activity (continued) Amending the U.S. and Florida Constitutions Activity Checking for Understanding Organization and Function of Government | SS.7.C.3.13 | 3 Essential Content Background Teacher note: For additional content related to the topics in this lesson, please see the Essential Content Background page in “Amending the United States Constitution” (SS.7.C.3.5 – Explain the constitutional amendment process). This section addresses the following issues: 1. Amending the Florida Constitution 2. 21st century changes to the Florida constitutional amendment process 1. Amending the Florida Constitution Amending the Florida Constitution is a process quite different from amending the U.S. Constitution. Unlike the two processes for amending the U.S. Constitution, amendments to the Florida Constitution may be submitted using one of five different methods. At the national level, only elected state and federal legislators may vote on constitutional amendments; in Florida, all registered voters may vote on amendments. One final difference is that the process for amending the U.S. Constitution has never changed; in Florida, many amendment proposal procedures have changed, including several in the 21st century. The following table is adapted and updated from “Vote Smart Florida” (Available at: http://www.votesmartflorida.org/mx/hm.asp?id=waystoamendconstitution) which outlines the ways that amendments to Florida’s constitution are introduced. Method Name Ballot Initiative Process: Constitutional Convention: Constitutional Revision Commission: What it Means According to Article XI, Section 3 of the Florida Constitution, a committee must register with the Secretary of State. The committee must collect a number of signatures equal to 8% of the votes cast in the most recent presidential election from at least one-half of the congressional districts in the state. Based on presidential voting in 2008, 676,811 signatures were required for amendments to be placed on the 2012 ballot secured from voters residing in at least 14 congressional districts. Florida voters may call a constitutional convention by collecting a number equal to 15% of those voting for president in the last presidential election in Florida. At the next general election, provided that it takes place at least 90 days later, Florida voters must approve, with a majority, “Shall a constitutional convention be held?" in order to proceed with a constitutional convention. Composed of 37 members, this commission meets every 20 years to examine the state constitution and propose the amendments deemed necessary. The commission last met in 1997-1998 and will next meet in 2017. Members of the Constitutional Revision Commission include: 1. 2. 3. 4. 5. The Attorney General 15 members chosen by the Governor 9 members chosen by the Speaker of the House 9 members chosen by the Senate President 3 members chosen by the Chief Justice of the Florida Supreme Court Organization and Function of Government | SS.7.C.3.13 | 4 Legislative Joint Resolution: The Florida Legislature can pass a joint resolution supported by threefifths (60%) of the membership of each house of the legislature. The proposed amendment will appear on the next general election ballot provided that the next general election is at least 90 days later. This is a 22-member Commission that last met in 2007 and will meet every 20th year thereafter. Members of the Taxation and Budget Reform Commission include: Taxation and Budget Reform Commission: 1. 11 members chosen by the Governor 2. 7 members chosen by the Speaker of the House 3. 7 members chosen by the Senate President (Note: No voting member of the Taxation and Budget Reform Commission may be a member of the state legislature at the time of appointment) 4. 4 non-voting ex officio members who are members of the legislature at the time of appointment two of which are chosen by the Speaker of the House and two of which are chosen by the Senate President. One of the Speaker’s and one of the Senate President’s selections must be a member of the minority party in their chamber. 2. 21st century changes to the Florida constitutional amendment process Year 2007 2005 2004 Change The Florida legislature granted commercial property owners the right to remove persons from their property collecting signatures for proposing amendments through the “citizen initiative process” even if the property is designated for public use. Amendment placed on the ballot requiring that amendments be ratified with 60% of the vote when it had been 50%+1 (ratified in 2006). Amendment placed on the ballot to move the deadline for citizen generated amendment proposals to about six months earlier than previously required (ratified in 2004). Impact Limits the available places where petition circulators may collect signatures Increased the minimum threshold for ratifying constitutional amendments; made it more difficult to ratify amendments. All signatures must be submitted by February 1 of the year that the amendment will be placed on the November ballot. Organization and Function of Government | SS.7.C.3.13 | 5 Civics Content Vocabulary Word/Term Definition abatement* Part of Speech noun abridge* verb to lessen or diminish amendment noun article noun authority noun a change to a constitution (e.g., U.S. Constitution, Florida Constitution) a numbered chapter or section of a contract, treaty, or constitution the power to direct the actions of people or to make decisions cession* noun the act of giving something up constitution noun Florida Declaration of Rights infringe* proper noun the basic principles and laws of a nation or state that determine the powers and duties of the government and guarantee certain rights to the people in it; usually a written document the part of the Florida Constitution that lists the basic rights guaranteed to all citizens who live in the state verb advance beyond the usual limit, encroach jurisdiction* noun the territory within which power can be exercised militia* noun preamble noun prohibit verb the entire body of physically fit civilians eligible by law for military service the introduction to a constitution; it states that the people establish the government, and it lists the purposes of the government to forbid or to not allow something revenue* noun money derived from income vested* adjective absolute, fixed, unconditional a deduction or lessening of something * The terms with an asterisk denote terms that are not considered civics content vocabulary but are important for students to know in order to complete the lesson activities. See Lesson Step 20. Organization and Function of Government | SS.7.C.3.13 | 6 Suggested Student Activity Sequence 1. To begin this lesson, project images of the U.S. Constitution and a Florida Constitution. Teacher Note: The intent of this hook activity is to project images of the documents rather than just text so that students have an awareness of what the documents look like, especially the U.S. Constitution. Text of the documents will be used later in the lesson. Image of the U.S. Constitution: http://www.archives.gov/exhibits/charters/constitution.html Images of previous Florida constitutions: http://www.floridamemory.com/collections/constitution/ 2. Ask students to identify the documents. (To assist with this, point out “We the People” on the U.S. Constitution.) Lead students to the understanding that they are looking at the U.S. Constitution and one version of the Florida Constitution. Teacher note: Florida has had six constitutions. The most current version was ratified in 1968. 3. Ask students: “How many constitutions do you think are in the United States?” Explain that there is one for the federal government and one for each state. 4. Ask students to take out their copies of the U.S. Constitution. Pass out copies of the current (1968) version of the Florida Constitution. Teacher note: An alternative to printing both documents is to have students take out their copies of the U.S. Constitution and then project the Florida Constitution. Or, continue to project both documents on the board. As a class, look through both documents to compare and note structural similarities. 5. Project images of the text of both documents. 6. Point out the preamble of both constitutions. Explain to students that both constitutions begin with a preamble and that the basic structures of both documents are fairly similar. 7. Place students into pairs and give them a few minutes to make a list of the shared structural features between both documents. 8. Ask pairs to share out some of the similarities they noted. Lead students to the conclusion that both documents have a preamble, articles and amendments. 9. Pass out the “Comparative Constitutions” packet from iCivics: http://www.icivics.org/teachers/lesson-plans/comparative-constitutions. 10. Explain to students that they will read and complete activities in the packet in order to understand additional similarities and some differences between the two documents. 11. Project the preamble comparison chart from page 1 of the “Comparative Constitutions” packet. 12. Ask a student to read aloud the first paragraph and the activity directions. 13. Ask another student to read aloud the Preamble to the U.S. Constitution. 14. Discuss the Preamble and review the following points with students: The Preamble is the introduction to the U.S. Constitution. The Preamble outlines the general goals of the framers: to create a just government, to ensure peace, have an adequate national defense, and a healthy, free nation. The first three words of the Preamble – “We the People” – emphasize that the nation should be ruled by the people. 15. Ask another student to read aloud the preamble to the Florida Constitution. 16. Compare the two preambles by following the directions in the packet and placing a box around the words or phrases that are the same. Organization and Function of Government | SS.7.C.3.13 | 7 17. Share with students that although not all of the words are the same, the preambles do have a similar intent. They both serve as introductions, outline the general goals of the writers (or framers) and both emphasize the role of the people. 18. Read aloud the “Government Rules!” paragraph and directions at the bottom of page 1 in preparation for the “Everybody’s Got Rights” activity. 19. Preteach some of the vocabulary that appears in the rest of the packet. Some terms may include: abatement abridging cession infringe jurisdiction militia revenue vested 20. Read and review the first completed example with the class in the chart on the bottom of page 1. 21. Model the next example with the class by reading both passages and underlining the differences. 22. Provide students with time to read and complete the rest of the activity on page 2. 23. Regroup as a whole class to begin the next activity. 24. Project the following excerpt from Article IV of the U.S. Constitution. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 25. Read the excerpt aloud to the class. 26. Pose the following questions to the class: Who can summarize this excerpt? What evidence from the excerpt did you use to create this summary? What is important about this excerpt? (Supremacy Clause) 27. Ask a student to read aloud the paragraph at the bottom of page 2 that begins with the heading “Everybody’s Got Rights.” 28. Read aloud the directions at the top of page 3. 29. Compete the first example as a whole class. 30. Provide students with time to complete the second example and then review as a class. 31. Provide students with time to read and complete the rest of the activity on pages 3 and 4. 32. Monitor students as they work to check for understanding. 33. Pose the following questions for discussion: “Based on what you have read, what do you think are the purposes of constitutions? What clues are in the activities that helped you determine the purposes?” Lead students to the understanding that the purposes of a constitution (for the whole country or for one state) are the same: to provide a framework for the government, limit government authority, and protect the rights of the people. 34. Ask students to consider how a constitution can be changed and pose the following questions for discussion: “What are changes to constitutions called? (amendments) Do you think the process is the same for the U.S. and Florida constitutions?” 35. Project or hand out the “Amending the U.S. Constitution” reading and review the process as a whole class. 36. Hand out the “Amending the Florida Constitution” student activity sheet and explain to students that they will learn about the different ways to propose amendments to the Florida Constitution. 37. Instruct students to summarize each method for proposing an amendment to the Florida Constitution while you provide direct instruction. Be sure to share with students that the Organization and Function of Government | SS.7.C.3.13 | 8 only way for an amendment to pass and be added to the Florida Constitution is with 60% voter approval. Teacher note: Utilize the information provided in the “Essential Content Background” section of this lesson to provide the direct instruction. 38. Model the “ballot initiative process” method for proposing amendments to the Florida Constitution by providing the direct instruction, asking a student to summarize what they have heard and redirecting any misinformation to ensure that students have accurate summaries. 39. Instruct students to complete the next step on the worksheet and create a visual representation of the method. (See the Answer Key for examples.) 40. Continue this process for the remaining four methods. 41. Check student work for accuracy. 42. Checking for Understanding (Formative Assessment): Instruct students to write a well-crafted response to one of the following prompts: Prompt 1 Compare and contrast the U. S. and Florida constitutions, using two elements of each document (e.g., how the government is organized, what rights citizens are guaranteed, how each can be amended, what powers each branch has, what the preambles say, etc.). Cite specific examples to support your statements. Prompt 2 The purpose of a constitution is to provide a framework for government, to limit government authority, and to protect the rights of the people. Using evidence from the “Comparative Constitutions” packet, find specific examples for each purpose and from each constitution. Summarize your findings in two paragraphs, one for each constitution. Prompt 3 Compare the processes for amending the U.S. and Florida constitutions by writing a wellcrafted paragraph responding to the following prompt: Which method, when elected officials amend the constitution (U.S.) or when citizens amend the constitution (Florida), best serves the people? Use evidence from the lesson activities to explain your answer. Organization and Function of Government | SS.7.C.3.13 | 9 Organization and Function of Government | SS.7.C.3.13 | 10 Organization and Function of Government | SS.7.C.3.13 | 11 Organization and Function of Government | SS.7.C.3.13 | 12 Organization and Function of Government | SS.7.C.3.13 | 13 Article V - Amendment The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Source: http://constitutioncenter.org/constitution/the-articles/article-v-amendment Amending the U.S. Constitution This Article explains the ways our Constitution may be changed, or amended. One method of amending the Constitution is for 2/3 of each house (287 of the 435member House of Representatives, and 66 of the 100 Senators) to pass a proposed amendment and send it to the states’ legislatures. It takes 3/4 (38) states’ approval of the amendment in order for it to be added to the Constitution We the People do not directly vote on new amendments, and the President does not vote on or veto any amendment. Another method for amending the Constitution is a Constitutional Convention to be called for by 2/3 (33) of the state legislatures. At such a convention, one or more amendments can be proposed and then sent to the state legislatures (or state conventions) for approval – again, 3/4 of the state legislatures must approve. (This method has not been used successfully). Source: http://const4kids.forums.commonground13.us/ as amended. Organization and Function of Government | SS.7.C.3.13 | 14 Amending the Florida Constitution What does it take to amend the Florida Constitution? In the spaces below, write a brief summary of each method, and draw an illustration that symbolizes each method. Method Description Illustration Organization and Function of Government | SS.7.C.3.13 | 15 Organization and Function of Government | SS.7.C.3.13 | 16 Sources Comparative Constitutions reading and activities: http://www.icivics.org/teachers/lessonplans/comparative-constitutions Excerpts from the U.S. Constitution: http://constitutioncenter.org Notes on the Preamble: http://constitutioncenter.org/constitution/preamble/preamble Amending the Constitution: http://const4kids.forums.commonground13.us/ Teacher note: For additional content related to the topics in this lesson, please see the Essential Content Background page in “Amending the United States Constitution” (SS.7.C.3.5 – Explain the constitutional amendment process). Organization and Function of Government | SS.7.C.3.13 | 17 Organization and Function of Government | SS.7.C.3.13 | 18 Organization and Function of Government | SS.7.C.3.13 | 19 Organization and Function of Government | SS.7.C.3.13 | 20 Organization and Function of Government | SS.7.C.3.13 | 21 Amending the Florida Constitution – SAMPLE ANSWERS What does it take to amend the Florida Constitution? In the spaces below, write a brief summary of each method, and draw an illustration that symbolizes each method. Method Description Ballot Initiative Process See Essential Content Background on pages 3 and 4. Constitutional Convention See Essential Content Background on pages 3 and 4. Constitution Revision Commission See Essential Content Background on pages 3 and 4. Amendments proposed by the legislature See Essential Content Background on pages 3 and 4. Taxation and Budget Reform Commission See Essential Content Background on pages 3 and 4. Illustration Organization and Function of Government | SS.7.C.3.13 | 22