Transcript Document

Chapter 4
The United States
Constitution
How and why did the framers distribute
power in the Constitution?
1
Preview
Throughout this chapter, you will take on the role
of a law student progressing through three years
of law school.
To be accepted into law school, you must first
pass the Law School Admissions Test. Part of the
LSAT requires you to demonstrate logical and
analytical reasoning.
This first task will test whether you can logically
piece together an incomplete outline of the
Constitution in a timed exam.
2
Preview
Take a few minutes to complete the outline on
Notebook Handout 4 using the Word Bank on the
page but without referring to the Constitution.
Make sure to use pencil, so you can correct any
mistakes later.
3
Preview
Use this
completed outline
to check and
correct your work.
Put Notebook
Handout 4 into
your notebook.
4
Preview
Using the outline of the Constitution, answer these
questions in your notebook:
1. What observations can you make about the way
the framers organized the Constitution?
2. Which branch of government did the framers
give the greatest number of expressed powers
to? What might be some reasons for that?
3. What inferences can you make about how the
framers intended to distribute power within the
federal government?
5
Preview
You will now learn how the Constitution
still guides our government and courts
in day-to-day decision making.
You will examine the document in depth
to learn how the framers distributed
power as well as how they assigned
power to different branches of
government and to the states.
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Reading
Be sure you understand the Speaking of Politics
terms for this chapter. Use them in your answers as
you complete the Reading Notes.
• due process
• republican government
• checks and balances
• federalism
• independent judiciary
• strict construction
• loose construction
• judicial review
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Reading
Read Section 4.1.
Consider possible answers to the
Essential Question:
How and why did the framers
distribute power in the Constitution?
8
Reading
For the duration of your time in law school,
classes will be conducted using this method:
• Individuals will be called on at random to
answer each question. You will be addressed
by last name, such as “Miss Brown.”
• If you are unable to answer a question, you
may reply, “May I have co-counsel?” and then
call on another student for assistance.
Be prepared to use this method to discuss the
questions relating to Section 4.1 on the following
slide using this method.
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Reading
• Why did Dwight Lopez file a lawsuit against his
school district?
• Is the issue a constitutional issue? In other words,
is it a case in which the Constitution will be
consulted in order to make a decision?
• If you were the lawyer assigned to represent
Lopez in this case, on what grounds might you
argue that his constitutional rights were violated?
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Social Studies Skill Builder
Congratulations! You have been accepted into law
school. To survive the next three years, you will
need extensive knowledge of the Constitution and
its principles.
Each part of this activity will familiarize you with
the provisions of the Constitution, as well as how
it embodies some basic governing principles and
acts as the foundation for our government.
As a class, repeat the following oath:
I do hereby promise to abide by the code set forth
by this law school.
I will not lie, cheat, or steal, as it is my aspiration
to enter the honored profession of law practice.
Toward this end, I will uphold the principles of the
Constitution in each and all of my actions.
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Social Studies Skill Builder
Read Sections 4.2 and 4.3, and follow the directions
given on Notebook Guide 4 to complete the
corresponding Reading Notes for those sections.
To define the
broad purposes of
the government
and…
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Social Studies Skill Builder
Challenge 1: Constitutional Law 1
As 1L (first-year law) students, it is vital that you
understand the contents of the Constitution.
To this end, Challenge 1 will acquaint you with
the rules and operations of the U.S. government
as enumerated in the Constitution.
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Social Studies Skill Builder
Get into pairs.
Make sure you have two or three Constitutional
Law 1 Cards and a copy of Student Handout 4B:
Constitutional Law 1 Matrix.
You will find the answer to each question in the
Constitution in the back of your book. Use your
outline from the Preview to guide you to the right
article and section.
With your partner, record your answers on the
matrix. Then, exchange cards with another pair
until you have completed all 20 cards.
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Social Studies Skill Builder
Review the completed
matrix on this slide and the
one following as a class.
Compare it to the matrix you
completed with your partner,
and make any changes to
your matrix as necessary.
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Social Studies Skill Builder
Once you have reviewed the
completed matrix, discuss the
following questions as a class:
• What do you notice about
how the Constitution deals
with power?
• Based on your
examination of the
Constitution so far, what
are some ways that the
framers distributed power
in the Constitution?
• Why do you think they
chose to distribute power
as they did?
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Discuss the six guiding principles of the Constitution as a class.
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Discuss the six guiding principles of the Constitution as a class.
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Social Studies Skill Builder
Create the table below in your notebook.
Complete the first three columns by listing each
guiding principle, creating a simple illustration to
represent it, and briefly explaining it.
Popular
Sovereignty
Popular Sovereignty
means…
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Social Studies Skill Builder
Challenge 2: Constitutional Law 2
Congratulations!
You have successfully completed 1L.
As 2L (second-year law) students, you will
now be expected to understand the larger
principles embodied by the Constitution.
For this next challenge, you will be asked to
look up certain provisions and decide which of
the six guiding principles is being exemplified.
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Social Studies Skill Builder
Make sure that you and your partner have one or two
Constitutional Law 2 Cards and a copy of Student
Handout 4D: Constitutional Law 2 Matrix.
To complete this challenge, you must find the article,
section, and clause listed on the card and read that
provision in the Constitution found in your textbook.
On Student Handout 4D, you will record the
principles exemplified within that provision and a
short explanation of why those principles apply.
Exchange cards with another pair, or retrieve new
cards from the card bank. Continue until you have
completed all 10 cards.
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Social Studies Skill Builder
Read Section 4.4, and follow the directions given on
Notebook Guide 4 to complete Question 2.
As you read, check your answers on Student
Handout 4D, and verify which principles you
correctly identified.
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Social Studies Skill Builder
Review the completed
matrix, on this slide and the
one following as a class.
Identify any principles that
you listed that are not on the
matrix and be prepared to
give justification for them.
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Social Studies Skill Builder
Once you have reviewed the
completed matrix, discuss the
following question as a class:
How do these principles
embody the concerns that
the framers had about
creating a government with
too much power?
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Social Studies Skill Builder
Read Section 4.5, and follow the directions given on
Notebook Guide 4 to complete the corresponding
Reading Notes for this section.
Marbury v. Madison
1803
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Social Studies Skill Builder
Challenge 3: Understanding Constitutional Law
in Preparation for the Bar Exam
Congratulations!
You have successfully completed 2L.
At the completion of your third year as a law
student, you must pass a final exam before you can
practice law.
To prepare for this exam, you will undergo one final
challenge. The challenge will require you to
synthesize all you have learned about the
Constitution by analyzing three Supreme Court
cases that involve interpretations of the document.
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Make sure that you and your partner
have a copy of Student Handout 4E:
Background on Three Constitutional
Cases.
Listen to “Constitutional Case 1” as
you read along about the case on your
handout.
CD Track 1
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Complete the following tasks:
1. With your partner, consider the
question the Supreme Court had
to decide:
Does the president have the
power, as commander in chief of
the armed forces, to seize control
of an industry during wartime?
2. Use your outline on Notebook
Handout 4 to identify what part or
parts of the Constitution you
might use to answer this
question. With your partner, read
those parts of the Constitution.
3. Using the applicable
constitutional provisions or
amendments, predict the
outcome of this case on Student
Handout 4E.
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Share with the class what sections of
the Constitution might provide an
answer to the question concerning the
president's power during wartime.
Also, as a class, discuss your
predictions of what the Supreme Court
will decide and what in the Constitution
led you to those predictions.
Listen to the “Outcome of Case 1,”
which gives an overview of the case
and how the Constitution was used to
decide the case.
Be prepared to discuss your reaction
to the decision.
CD Track 2
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Listen to “Constitutional Case 2” as
you read along about the case on
Student Handout 4E.
CD Track 3
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Complete the following tasks:
1. With your partner, consider the
question the Supreme Court had to
decide:
Does Congress’s power to make
laws and regulate commerce allow
the federal government to prohibit
activities that are in compliance
with state law?
2. Use your outline on Notebook
Handout 4 to identify what part or
parts of the Constitution you might
use to answer this question. With
your partner, read those parts of
the Constitution.
3. Using the applicable constitutional
provisions or amendments, predict
the outcome of this case on
Student Handout 4E.
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Share with the class what sections of
the Constitution might provide an
answer to the question concerning
Congress’s power as it relates to state
law.
Also, as a class, discuss your
predictions of what the Supreme Court
will decide and what in the Constitution
led you to those predictions.
Listen to the “Outcome of Case 2,”
which gives an overview of the case
and how the Constitution was used to
decide the case.
Be prepared to discuss your reaction
to the decision.
CD Track 4
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Listen to “Constitutional Case 3” as
you read along about the case on
Student Handout 4E.
CD Track 5
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Complete the following tasks:
1. With your partner, consider the
question the Supreme Court had to
decide:
Does the executive branch have
the power to suspend a citizen’s
civil rights during times of war?
2. Use your outline on Notebook
Handout 4 to identify what part or
parts of the Constitution you might
use to answer this question. With
your partner, read those parts of
the Constitution.
3. Using the applicable constitutional
provisions or amendments, predict
the outcome of this case on
Student Handout 4E.
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Share with the class what sections of
the Constitution might provide an
answer to the question concerning the
executive branch’s power during times
of war.
Also, as a class, discuss your
predictions of what the Supreme Court
will decide and what in the Constitution
led you to those predictions.
Listen to the “Outcome of Case 3,”
which gives an overview of the case
and how the Constitution was used to
decide the case.
Be prepared to discuss your reaction
to the decision.
CD Track 6
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To debrief the activity, discuss these questions as a class:
• How and why did the framers distribute power in the Constitution?
• How do modern circumstances present challenges to carrying out the original
intentions of the Constitution?
• Do you think the Constitution still works today? Why or why not?
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Power, Politics, and You
Read the “Power, Politics, and You” section.
Then, be prepared to respond to the following
questions:
• What are the benefits and detriments of zerotolerance policies in schools?
• Do you believe that the student was denied
due process, or was she simply breaking a
known rule and therefore subject to
punishment?
• Are zero-tolerance policies constitutional?
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Processing
The framers developed the U.S. Constitution more
than 200 years ago with the hope that it would
remain relevant and effective for future generations.
One way they sought to accomplish that was
through the provisions of Article V, which spell out
how the Constitution can be changed.
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Processing
In recent years, Congress has fielded many
proposals for changes to the Constitution, including
the following:
• requiring the federal government to balance the
national budget
• restricting the amount of money that can be spent
during national electoral campaigns
• abolishing the Electoral College and electing the
president and vice president by popular vote
• lowering the age restriction for public offices such
as senator and representative
• repealing the Twenty-second Amendment, which
sets presidential term limits
• guaranteeing all citizens access to health care
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Processing
If you had the opportunity to change the
Constitution in one way in order to improve it, what
would you propose?
In a short paragraph, explain your proposal, and
discuss why you think the Constitution will be a
stronger, better document with this change.
Now as a class, share aloud some of the proposals.
Vote on the proposed amendments to see which
garner the most support.
Remember. . . the amendment must receive twothirds of the class’s votes in its favor.
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