Law Mile Section #1: The Constitution And The Bill Of Rights

Law Mile Section Three: Constitutional Law

Unit #1: Introduction to the Constitution Overarching Question: - How does the Constitution and Bill of Rights protect people from the government? Enduring Understandings: - the influences of historical examples on the Constitution - the structure of the Constitution and American Government - how the Constitution limits power of the national government - why was the Bill of Rights created? - how does the Bill of Rights protect peoples’ rights from the government - what is judicial review? What are its origins? - is judicial review constitutional?

Common Core Skills and Standards Reading-Social Studies (RH) 1. Use relevant information and ideas from documents to support analysis 2. Determine the main idea of a document 4. Use source information/ideas to differentiate and understand political, social and economic trends 7. Create and analyze visuals (graphs/charts) 8. Identify and analyze evidence 9. Compare and contrast primary and secondary source information

Writing (W) Write an argument to support claims Write informative and explanatory texts to examine and express ideas 3. Produce writing appropriate to task, purpose and audience. Draw evidence from informational text 10. Write for a range of discipline specific tasks, purposes audiences Speaking and Listening (SL) 2. Accurately use multiple sources of information 3. Critically evaluate POV and evidence 4. Clearly present appropriate information and evidence 6. Demonstrate command of formal English Language (L) 1. Demonstrate appropriate grammar usage in writing and speaking (sentence complexity) 2. Demonstrate appropriate usage of the mechanics of language (punctuation, capitalization) 4. Build vocabulary and expand word choice 5. Understand and interpret figures of speech and nuances in word meanings 6. Use words and phrases accurately for ‘general’ and ‘content’ specific meaning

Week #1: History of the Constitution Read: 1) Reading on Roman Law/Roman Republic 2) Reading on Magna Carta 3) Reading on Enlightenment Thinkers 4) Read Declaration of Independence and Constitution at 5) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/conlawintro.htm Vocabulary: Define the following words: a) Confer b) Provisions Writing Assignment Requirements: 1. CREATE A CHART (ONE EXAMPLE EACH WITH A 1-2 SENTENCE EXPLANATION) Weekly Writing Assignment: Create a T-Chart of how you see evidence of the following in the Constitution: a) Roman Republic Structure of Government b) Roman Law c) Magna Carta) d) Rousseau e) Locke f) Montesquieu g) Beccaria h) Voltaire

Week #2: Examining the Constitution Read: Constitution of the United States Vocabulary: . Define the Following Words: a) Ratify b) Predominant Writing Assignment Requirement: CREATE A T-CHART: (8 bullet points, four for state governments and four for national governments), then write a paragraph (5-7 sentences, providing at least two examples from the Constitution) Weekly Writing Assignment: 1) Create a chart: As you read the Constitution, identify those provisions which confer power on state government and limit the power of the national government. 2) In one paragraph: What seems to be the predominant purpose of the Constitutuion?

Week 3: Introduction to the Bill of Rights Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/billofrightsintro.html Vocabulary: Define the Following Words: a) Federalism b) delegate Writing Assignment Requirements: WRITE ONE PARAGRAPH for EACH QUESTION (5-7 sentences, use 2 examples from the readings in each in paragraph) Weekly Writing Assignment: 1. What was the difference between the Federalists and the Anti-Federalists 2. What has been the principal value of the Bill of Rights? Has it been educational, symbolic, or has its main value come from giving the judiciary an additional check on the power of the other branches? 3. Are there other rights that you wish would have been included in the Bill of Rights? What are they? Are there some rights included in the Bill of Rights that you wish Madison would have left out?

Week 4: An Introduction to Judicial Review Read: 1) http://www.youtube.com/watch?v=iZs- xCxF614&playnext=1&list=PL4F9816E9D70A252D&feature=results_video 2) http://writ.news.findlaw.com/commentary/20060830_gerber.html 3) http://www.legalaffairs.org/webexclusive/debateclub_jr0605.msp Vocabulary: Define the Following Words: a) Judicial Review b) Precedent Writing Assignment Requirements: PERSUASIVE WRITING (Three paragraphs, cite four examples from the summaries) Weekly Writing Assignment: Is judicial review good or bad? In your opinion, be sure to discuss: a) Constitutionality of judicial review b) Legal/political consequences of judicial review c) Implications of judicial review on the ‘democratic process’ d) Your opinion of judicial review

Unit Assignment: ESSAY: You will write a four paragraph essay including an introduction with a thesis, at least two body paragraphs and a conclusion (see essay instructions below). This will incorporate all of the information from the previous four weeks of lessons. Follow the task below. Remember a paragraph has 5-7 sentences. Introduction Supporting Paragraphs Conclusion Attention Grabber Topic Sentence Summarize topics (catchy opening) (connected to the task) (restate main ideas) Background Address all tasks Restate THESIS (use context and task) (make this very abundantly clear) (Reiterate thesis) THESIS DETAILS, SPECIFIC Application (make a claim / assertion) (Use quotes, facts) (make relevant to present) Relate to THESIS (Always, always prove)

TASK: How does the Constitution and Bill of Rights protect Americans from the government? a) Identify two examples from the Constitution and two examples from the Bill of Rights. b) Explain how each of these is needed to protect Americans from the government. c) Explain how judicial review helps to protect Americans from government.

Unit #2: The First Amendment Over-arching Question: How does the First Amendment protect people from the government? Enduring Understandings: - What is included in the first amendment? - Why was the first amendment created? - Under what circumstances, if any, can freedom of speech be limited? - The Supreme Court’s interpretation of clear and present danger - Should freedom of speech be limited in schools? If so when? - The separation between church and state - When should freedom of assembly be limited? If so when? - When should freedom of the press be limited? If so when?

Common Core Skills and Standards Reading-Social Studies (RH) 1. Use relevant information and ideas from documents to support analysis 2. Determine the main idea of a document 4. Use source information/ideas to differentiate and understand political, social and economic trends 5. Identify and analyze arguments/ideas presented in documents 8. Identify and analyze evidence 9. Compare and contrast primary and secondary source information

Writing (W) 1. Write an argument to support claims 2. Write informative and explanatory texts to examine and express ideas 3. Write narratives using effective techniques 4. Produce writing appropriate to task, purpose and audience. 8. Gather information from credible sources and properly cite them 9. Draw evidence from informational text 10. Write for a range of discipline specific tasks, purposes audiences

Speaking and Listening (SL) 2. Accurately use multiple sources of information 3. Critically evaluate POV and evidence 4. Clearly present appropriate information and evidence 6. Demonstrate command of formal English Language (L) 1. Demonstrate appropriate grammar usage in writing and speaking (sentence complexity) 2. Demonstrate appropriate usage of the mechanics of language (punctuation, capitalization) 4. Build vocabulary and expand word choice 5. Understand and interpret figures of speech and nuances in word meanings 6. Use words and phrases accurately for ‘general’ and ‘content’ specific meaning

Week 5: Amendment #1: Freedom of Speech Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/firstaminto.htm Vocabulary: Define the following words: a) abridge b) absolutist approach c) categorical approach d) balanced approach Writing Assignment Requirements: WRITE ONE PARAGRAPH for EACH QUESTION (5-7 sentences, use 2 examples from the readings in each in paragraph) Weekly Writing Assignment: 1. Which of the three general approaches (absolutist, categorical, balanced) to First Amendment analysis is best? Why? 2. Create a chart: what are the advantages and disadvantages of each approach 3. Which of the values served by the Free Speech Clause to you consider to be the most important? Why? 4. What are some of the costs of protecting free speech? Which are the most significant costs in your opinion?

Week 6: Freedom of Speech in Schools Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm Vocabulary: Define the following words: a) akin b) sanction Writing Assignment Requirements: WRITE TWO PARAGRAPHS, PROVIDING AT LEAST 3-4 EXAMPLES FROM THE READING AND CASES Weekly Writing Assignment: 1. Do the speech rights of students increase as they get older? Do high school students have the right to speak in ways that elementary school students do not? To university and graduate school students have the right to speak in ways that might be punished if they were students in a high school?

Week 7: “Clear and Present Danger” Watch: http://www.c-spanvideo.org/program/Limitso Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/schenk.html Vocabulary: Define the following words: a) concur b) dissent c) liability d) stringent Writing Assignment Requirements: CREATIVE WRITING: TWO-THREE PARAGRAPHS (5-7 SENTENCES EACH), CITING AT LEAST FIVE DETAILS FROM THE CASE AND OPINIONS OF THE COURT Weekly Writing Assignment: 1) You are a member of the Supreme Court hearing Schenck v. U.S.. Write a concurring or a dissenting opinion on the ruling of the case.

Week 8: Amendment One: Freedom of Religion Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/schoolprayer.html Vocabulary: Define the following words: a) coercive b) conform c) landmark case Writing Assignment Requirements: WRITE TWO PARAGRAPHS (5-7 SENTENCES EACH) AND CITE EVIDENCE FROM THREE CASES IN THE READINGS. Weekly Writing Assignment: 1) Did the Framers of the First Amendment intend to prohibit prayer in public institutions? What evidence exists that can help answer that question?

Week 9: Amendment One: Freedom of Assembly: Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/marchfees.html Vocabulary: Define the following words: a) hate group b) ordinance Writing Assignment Requirements: WRITE TWO PARAGRAPHS (5-7 SENTENCES EACH), CITING EVIDENCE FROM THREE OF THE CASES IN THE READINGS Weekly Writing Assignment: 1) Should Freedom of Assembly protect hate groups/controversial speech? What is the court’s ruling on this? Do you agree or disagree? Week 10: Amendment One: Freedom of the Press Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mediatests.htm Vocabulary: Define the following words: a) medium b) scrutiny c) confer Writing Assignment Requirements: WRITE TWO PARAGRAPHS (5-7 SENTENCES EACH), CITING AT LEAST 4 SPECIFICS FROM THE READING/CASES Weekly Writing Assignment: 1) Should different forms of media have different levels of protection? For example: should the internet/sportscasters/videogames each have the same or different levels of protection under the First Amendment?

Unit Assignment: ESSAY: You will write a four paragraph essay including an introduction with a thesis, at least two body paragraphs and a conclusion (see essay instructions below). This will incorporate all of the information from the previous four weeks of lessons. Follow the task below. Remember a paragraph has 5-7 sentences. Introduction Supporting Paragraphs Conclusion Attention Grabber Topic Sentence Summarize topics (catchy opening) (connected to the task) (restate main ideas) Background Address all tasks Restate THESIS (use context and task) (make this very abundantly clear) (Reiterate thesis) THESIS DETAILS, SPECIFIC Application (make a claim / assertion) (Use quotes, facts) (make relevant to present) Relate to THESIS (Always, always prove)

Task: Should the first Amendment be absolute or should it be limited? a) Provide two scenarios in which the First Amendment should be limited or not limited. b) For each scenario, choose two cases to prove your thesis c) You must use examples from the case/rulings from the court to support your opinion. Unit 3: The Warren Court, Due Process and The Rights of the Accused Overarching Question: Did the Warren Court act responsibly in its rulings? Enduring Understandings: - What initiatives did the Warren Court take to increase the rights of the accused? - What are the limitations of searches and seizures? Do you agree/disagree? - What is due process? Why is it important? - Do you agree or disagree with the Warren Court’s handling of the rights of the accused?

Speaking and Listening (SL) 2. Accurately use multiple sources of information 3. Critically evaluate POV and evidence 4. Clearly present appropriate information and evidence 6. Demonstrate command of formal English

Language (L) 1. Demonstrate appropriate grammar usage in writing and speaking (sentence complexity) 2. Demonstrate appropriate usage of the mechanics of language (punctuation, capitalization) 4. Build vocabulary and expand word choice 5. Understand and interpret figures of speech and nuances in word meanings 6. Use words and phrases accurately for ‘general’ and ‘content’ specific meaning

Week 11: Introduction to The Warren Court Watch: http://www.c-spanvideo.org/program/114429-1 http://www.youtube.com/watch?v=pWkHkrb66sA Vocabulary: Define the following words: a) foundation b) loose interpretation of the Constitution c) liberal (in modern political sense) Writing Assignment Requirements: ANSWER EACH QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES EACH), CITING AT LEAST 3 SPECFICS/DETAILS FROM THE videos Weekly Writing Assignment: 1) How did the Warren Court use judicial review to shape America? Do you agree or disagree with its use of judicial review? 2) Do you believe that the Warren Court “hand-cuffs” police?

Week 12: Amendment Four: Searches and Seizures Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/searches.htm Vocabulary: Define the following words: a) criminal search b) administrative search Writing Assignment Requirements: PERSUASIVE LEGAL WRITING: WRITE TWO-THREE PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST FOUR DETAILS FROM THE READINGS/CASES/CASE LAW Weekly Writing Assignment: Read over the four cases. Choose one of the cases and write an oral argument that you would present in front of the Supreme Court as a member of the prosecution or defense. Prove why the state either violated or did not violate searches and seizures clause of the Fourth Amendment.

Week 13: Amendment 5 Part 1 and Amendment 14 – Due Process Read: 1) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/sepbutequal.htm 2) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html Vocabulary: Define the following words: a) Procedural Due Process b) Overrule Assignment: ANSWR EACH QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST THREE EXAMPLES IN EACH PARAGRAPH 1) Who is protected by the Due Process Clause? Does it protect, for example, aliens? Who do you think it should protect/not protect? Why? 2) How does Brown v. Board of Ed ruling help to insure due process?

Week 14: Amendment 5 Part 2 – Double Jeopardy Watch: 1) http://news.yahoo.com/video/state-responds-caseys-double-jeopardy- 204618835.html 2) http://www.youtube.com/watch?v=k_5WCTtRyyc 3) http://www.youtube.com/watch?v=0MqSnanF8CU Vocabulary: Define the following words: a) Double Jeopardy b) Appeal Writing Assignment Requirements: ANSWER IN ONE-TWO PARAGRAPHS (5-7 SENTECES EACH), USING AT LEAST 3 EXAMPLES FROM THE VIDEOS. Weekly Writing Assignment: 1) What is double jeopardy? What have been recent court rulings on double jeopardy? Do you agree or disagree with protecting against double jeopardy? Why?/Why not?

Week 15: Amendment 5 Part 3 – Witness Against Self Watch: 1) http://www.youtube.com/watch?v=LVxcJTvZCb0 2) http://www.c-spanvideo.org/program/59250-1 Vocabulary: Define the following words: a) Confession b) “Questionable Confession” c) Custodial Interrogation Writing Assignment Requirements: CREATIVE WRITING. CHOOSE ONE OF THE FOLLOWING ASSIGNMENTS. YOU MAY DO BOTH FOR EXTRA CREDIT. WRITE TWO PARAGRAPHS (5-7 SENTENCES EACH) FOR THE QUESTION YOU CHOOSE, CITING AT LEAST 3 EXAMPLES (INCLUDING CASE DETAILS/COURT RULINGS/ETC.) FROM THE VIDEOS. Weekly Writing Assignment: Choose: 1) You are the Police Commissioner. You are giving a speech/writing an op- ed piece why these rulings “hand-cuff” the police 2) You are a Civil Rights Activist. You are giving a speech/writing an op-ed piece why these rulings are necessary.

Week 16: Amendment 6 Read: Summary of Escobedo v. Illinois Vocabulary: Define the following words: a) Counsel b) Indigent Writing Assignment Requirements: ANSWER THE FOLLOWING QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES), BE SURE TO INCLUDE AT LEAST 3 EXAMPLES FROM THE READING. Weekly Writing Assignment: What was the court’s ruling? Do you agree or disagree? Be sure to cite court ruling and how it pertains to facts of case and other case law. Unit Assignment: ESSAY: You will write a four paragraph essay including an introduction with a thesis, at least two body paragraphs and a conclusion (see essay instructions below). This will incorporate all of the information from the previous four weeks of lessons. Follow the task below. Remember a paragraph has 5-7 sentences. Introduction Supporting Paragraphs Conclusion Attention Grabber Topic Sentence Summarize topics (catchy opening) (connected to the task) (restate main ideas) Background Address all tasks Restate THESIS (use context and task) (make this very abundantly clear) (Reiterate thesis) THESIS DETAILS, SPECIFIC Application (make a claim / assertion) (Use quotes, facts) (make relevant to present) Relate to THESIS (Always, always prove)

Task: Did the Warren Court improve America and our Constitutional ability to protect people or did the Warren Court overstep its power? a) Identify at least two cases the Warren Court faced b) For each case, describe the case facts, case law and court opinions c) Evaluate did the Warren Court improve the Bill of Rights or overstep the Courts’ power?

Unit 4: Modern Issues Overarching Question: - What should be the role of the Federal Government/Supreme Court/State governments in solving/ruling on major issues? Enduring Understandings: - What is the role of the electoral college in electing the President? - Is the electoral college a good system? - Why did the Supreme Court get involved in the 2000 election? Should it have? - How do the 9th and 10th Amendment protect people from government? - What is Obamacare? Does it violate the 9th and 10th amendment? Why does the Supreme Court say it doesn’t? - How does the Supreme Court interpret the right to privacy with abortion? Do you agree or disagree? - How has the right to privacy been interpreted and grown? - What is the controversy over the right to marry? Who should decide that issue?

Speaking and Listening (SL) 2. Accurately use multiple sources of information 3. Critically evaluate POV and evidence 4. Clearly present appropriate information and evidence 6. Demonstrate command of formal English Language (L) 1. Demonstrate appropriate grammar usage in writing and speaking (sentence complexity) 2. Demonstrate appropriate usage of the mechanics of language (punctuation, capitalization) 4. Build vocabulary and expand word choice 5. Understand and interpret figures of speech and nuances in word meanings 6. Use words and phrases accurately for ‘general’ and ‘content’ specific meaning

Week 17: The Electoral College Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/electoralcoll.htm Vocabulary: Define each of the following words: a) deadlock b) disenfranchisement Writing Assignment Requirements: ANSWER EACH QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST 3 SPECIFICS FROM THE READINGS IN EACH. Weekly Writing Assignment: 1) Should the Supreme Court have accepted the listed cases? 2) Did President George W. Bush have standing to assert the equal protection claims of Florida voters? 3) Judge Richard Posner, in his Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts, offers an interesting argument in support of the Court's decision in Bush v Gore. Posner supports the decision because it avoided the chaos of a prolonged unresolved deadlock. Do you agree that that reason is enough to justify the decision?

Week 18: 9th and 10th Amendments Read: 1) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/tenth&elev.htm 2) http://blogs.ajc.com/cynthia-tucker/2010/10/08/obamacare-does-not-violate-the-us- constitution/ 3) http://constitutionmythbuster.com/2011/08/22/does-obamacare-violate-the-us- constitution-article-2/ 4) http://constitutionmythbuster.com/2011/08/22/does-obamacare-violate-the-us- constitution-article-2/ Watch: 1) http://www.youtube.com/watch?v=dEe4ZHUXXmI Vocabulary: Define the Following Words: a) Individual Mandate (in regards to Obamacare) b) Commerce Clause (in regards to U.S. Constitution) Writing Assignment Requirements: ANSWER EACH QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST 3 SPECIFICS FROM THE READINGS IN EACH. Weekly Writing Assignment: 1) What does the Supreme Court say about the relationship between the States and Federal Government in the court’s ruling? 2) Do you believe Obamacare violates the 9th and 10th amendments? Why/Why not?

Week 19: Right to abortion? Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/abortion.htm Watch: http://www.c-spanvideo.org/program/RoevWa Vocabulary: Define the following words: a) abortion b) trimester Writing Assignment Requirements: ANSWER EACH QUESTION IN ONE-TWO PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST 3 SPECIFICS FROM THE READINGS IN EACH. Weekly Writing Assignment: 1) Is the right to privacy implicated in a woman’s body? 2) When it comes to determining abortion: What should be the role of the states? National government? Supreme Court?

Week 20: Constitutional Issue: Right to Marry? Read: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm Vocabulary: Define the following words: a) invidiously b) undue interference Writing Assignment Requirements: PERSUASIVE CREATIVE WRITING: WRITE TWO-THREE PARAGRAPHS (5-7 SENTENCES EACH), USING AT LEAST 3 SPECIFICS FROM THE READINGS IN EACH. Weekly Writing Assignment: 1) Use the readings and cases given to create a political speech if an Amendment should be added to the Constitution to protect gay marriage

Unit Assignment: PERSUASIVE SPEECH YOUR SPEECH SHOUL BE FOUR GRAPHS (5-7 SENTENCES EACH), CITING AT LEAST FIVE-SIX SPECIFICS/CASE LAW/COURT RULINGS/ETC. FROM AT LEAST TWO DIFFERENT READINGS (ONE FOR EACH ISSUE) Task: Who should decide the answers to important issues facing American Society? 1) You are a member of either the Republican or Democratic Party and are giving a speech to your constituents at their National Convention. 2) Choose two of the modern issues. Which level of government (state, federal – Congress/President, Supreme Court) should decide the answers to these issues? Explain. Do you agree or disagree with the Supreme Courts’ stances on these issues? Explain. 3) Remember to be true to your political base!