American Government Baltimore City Public School System 2007 Unit Two Principles of Government and the Constitution How To Use This Guide



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American Government

Baltimore City Public School System


2007


Unit Two


Principles of Government and the Constitution

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.
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



Unit 2: Principles of Government and the Constitution

Title of Lesson

Objectives

Assessment Limits

Principles of Government


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)



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




Bill of Rights


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 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)

  • 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

Powers of Government


  • 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)

  • 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
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.

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 Directions'>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.
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.


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. limit individual rights

B. strengthen criminal laws

C. limit the power of government

D. 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. the right to a speedy trial

B. the right to present witnesses

C. the right to legal counsel

D. 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
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

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



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.
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 

• 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.
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

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

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.




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