| • U.S. Constitution & the 3 Branches |
| • Understanding Judicial Decision Making |
History-Social Science Content Standards
4.5.1 Discuss what the U.S. Constitution is and why it is important (i.e., a writtendocument that defines the structure and purpose of the U.S. government and describes the shared powers of federal, state and local governments).
English-Language Arts Content Standards
Writing Applications
1.6 Distinguish and interpret words with multiple meanings Comprehension and Analysis of Grade-Level Appropriate Text
2.2 Use appropriate strategies when reading for different purposes (e.g., full comprehension, location of information...)
Writing strategies
1.3 Use traditional structures for conveying information... Organization and Delivery of Oral Communication
1.7 Emphasize points in ways that help the listener or viewer to follow important ideas and concepts.
Speaking Applications
2.4 Recite brief poems, soliloquies, or dramatic dialogues, using clear diction, tempo,volume, and phrasing
appeal |
impartial |
republic |
blessings of liberty |
impeachment |
senate |
common defense |
judicial branch |
separate but equal |
democracy |
judicial independence |
separation of powers |
domestic tranquility |
judicial review |
U.S. Constitution |
establish justice |
legislative branch |
U.S. Supreme Court |
executive branch |
jurisdiction |
unconstitutional |
general welfare |
preamble |
veto |
House of Representatives |
President |
Students explore the meaning of the Preamble to the United States Constitution as well as Articles I, II and III. The lesson starts with a discussion regarding the purpose of the Constitution and a resource scavenger hunt to learn what the words of the Preamble mean. Small groups use a variety of resources to identify specific powers of the executive, legislative and judicial branches. This learning is reinforced through a "Claim Your Powers" game.
1. Understand the purposes of government listed in the Preamble.
2. Become familiar with Articles I, II and III of the U. S. Constitution.
3. Understand the concept of separation of powers.
4. Recognize the powers of the Executive, Legislative, and Judicial branches that are listed in the Constitution.
* copies of the Constitution for six student groups
* 12 pieces of butcher paper
* news magazines and/or newspapers
* access to dictionaries
* access to the Internet
* one copy per student group of Judicial Branch Overview; 6 copies total
* student copies of Worksheet-Judicial Branch Basics / Creating a governement
*"Claim" and "Do Not Claim" signs for six student groups
It is suggested that the lesson start with a class discussion,
• What is a Constitution?
• Why does the United States have a Constitution?
• What does the Constitution provide for the government? for the people?
• How is the United States Constitution organized?
Questions, such as these, help students to reflect upon what they already know and set the stage for new learning. Organize the class into six groups. These groups continue to work together throughout the lesson. Each group scans a copy of the U.S. Constitution and identifies the different parts: the Preamble, General Provisions, First 10 Amendments, Remaining Amendments.
1. Review the Preamble to the Constitution with students. A full page copy is found on page 55. Copies can be used to make an overhead transparency for the class review and one copy is cut into strips so each group can select a phrase for investigation.
We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain andestablish this Constitution for the United States of America.
Each of the six student groups "draws" one strip representing a phrase of the preamble for investigation. The six phrases to be investigated should include the opening statement. The last phrase of the preamble can be used for a closing class discussion. Students use dictionaries, the Internet or print resources, library and textbook resources, and interviews with family members and other adults to learn what each of the phrases in the Preamble means. Each group comes to conclusion on meaning and shares their findings with the class. Do others agree? Why is the Preamble to the Constitution an important part of the document?
2. Put up six pieces of butcher block paper around the room, each one representing a purpose of government found in the Preamble. (To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty.) The students undertake a scavenger hunt using a copy of the Constitution or the Resources listed in the print and non-print sections of this lesson to identify where in the Constitution these purposes of government can be found. For example under "Establish Justice", students would write Article III which established the federal courts.
3. Keeping the same six groups, assign two groups to represent each branch of government; executive, legislative, and judicial. If needed, teacher provides a brief overview of the federal government. Note that the balance of power provides for a monitoring function and the separation of powers insures that no one branch has too much power over the others. One source suggests thinking of it as a three- legged stool: "No one leg can stand on its own."
Each group is given a long strip of butcher block paper. The name of their assigned branch is written at the top of the page. Using magazines, newspapers, library sources and the Internet, student groups find five pictures each that illustrate facts about their branch contained in the Constitution (such as powers granted, powers denied or shared, qualifications for office). The picture is pasted on the butcher block paper, with an explanation written below and where the information was found in the Constitution. For example, the President's military power could be illustrated with a picture of a serviceman with the words "President is commander in chief of the military, Article II, Section 2, Clause 1" Each picture must depict a different part of the Constitution. Since two groups will be working on each branch, duplications areto be expected. This is fine, in fact it will reinforce the learning.
4. To give students a more in depth understanding of the judicial branch than what is found in Article III, the teacher reads The Judicial Branch. Students work independently to complete the Worksheet-Judicial Branch Basics. Students then discuss their responses in the groups and come to a consensus.
5. Students play a game of "Claim Your Powers".
a. Provide each group with two signs: "Claim" and "Do Not Claim". Each "branch" will also need the butcher block paper with the powers they identified as a reference. Tell the class that in this activity they will be acting as a branch of government and that it is their responsibility to maintain the powers granted to them in Articles I, II, or III of the Constitution.
b. Teacher reads a series of facts related to the powers of each branch. (Some examples that may be used are found below and the teacher should feel free to add additional facts.).
c. After each situation is read, each group will have one minute to discuss the situation and decide if the power described belongs to its branch.
d.At the end of one minute, the leader will say the word "vote" and each group must hold up a card, either "Claim" or "Do Not Claim." Every group must vote on each situation.
e. Each group will then explain its reasons for its decision, and the teacher and students representing the other two branches will rule on the accuracy of the choice.
Scoring is as follows:
• Two points will be given for correctly claiming and justifying the claim of power.
• One point will be given for correctly voting to not claim a power.
• A zero will be given to a group incorrectly claiming or not claiming a power.
The teacher uses the following or other facts for the "Claim Your Powers" game:
a. Laws may be declared unconstitutional by this branch (Judicial)
b. This branch nominates Supreme Court justices (Executive).
c. Bills must be signed by this branch before they become laws. (Executive)
d. This branch authorizes government spending. (Legislative)
e. Lifetime appointments are provided for this branch. (Judicial)
f. Writing laws is a major responsibility of this branch. (Legislative)
g. The power to veto laws is given to this branch. (Executive)
h. Disputes between states would be handled by this branch. (Judicial)
i. This branch can overturn a veto. (Legislative)
j. The power to decide whether actions of the other branches are legal belongs to this branch. (Judicial)
k. This branch has the power of Commander in Chief of the Military. (Executive)
l. The term in office is six years. (Legislative-Senate).
m. War can only be declared by this branch. (Legislative)
n. No qualifications for office are listed for this branch in the Constitution. (Judicial)
o. One of the qualifications for this branch is reaching 35 years of age. (Executive)
p. This branch establishes lower federal courts. (Legislative)
q. This branch is responsible for insuring the laws are faithfully carried out. (Executive)
Students write a short essay on the topic, What is the United States Constitution and Why Is It Important? NOTE to the teacher: Responses should include that the Constitution is a written document, limits the powers of government by saying what government can and cannot do, is the highest law in the land, and creates certain rights for people.
1. Students form small groups and imagine they are creating an after school activities club in their neighborhood. The group selects a name and purpose for the club. This Club needs a form of government for it to achieve its goals. Using the Worksheet "Creating a Government", students work in their groups and discuss the questions. Tell students that these are the kinds of questions the framers of the Constitution might have asked as they were deciding how to create a government to achieve the goals listed in the Preamble. Answers are written in Column Two. Each group selects a spokesperson to present their ideas to the class.
3. Students draw a picture, diagram, or cartoon of how they envision the balance of powers among the three branches.
4. Students read either So You Want to be President or Meet My Grandmother She's a Supreme Court Justice. Students write an essay answering the question "Why I would want to be President or a Supreme Court Justice", depending on the literature choice.
5. Students use the Internet or library resources to find out about the life of Thurgood Marshall and write a brief report. The report should include a brief discussion of his childhood, what led him to become a lawyer, highlights of his career on the Supreme Court and include 3 reasons why he is remembered as a great civil rights leader.
6. Students work together, as did the framers, to create a "class Constitution". The Constitution includes "laws", "roles", and "responsibilities". How are responsibilities shared so that there is a balance of power?
Catrow, David. We the Kids: The Preamble to the Constitution of the United States.Dial Books for Young Readers, 2002. Cartoon illustrations of a group of diverse friends on a camping trip are used to explain to children the meaning of the words contained in the Preamble.
Discover American History. The Branches of Government, Balancing the Power. Cobblestone. January, 2003. This issue includes articles that explain terms such as"republic", "democracy", the Roosevelt court packing plan, civil rights and the facts of federalism.
Johnson, Linda Carlson. Our Constitution. Millbrook Press, 1994. Describes the creation of the Constitution and surveys the ideas in the U.S. Constitution.
Levy, Elizabeth. If You Were There When They Signed the Constitution. New York, New York: Scholastic, 1992. Includes why the constitution was written, its key points, information about the Bill of Rights and amendments, information about key delegates and debates surrounding the signing of the Constitution.
Mcelroy, Lisa. Meet My Grandmother She's a Supreme Court Justice. Brookfield, Connecticut: Millbrook Press, 2000. Told from a child's perspective, this photo essay explains and illustrates the job of a Supreme Court justice in regular terms. Positive character traits and behaviors are emphasized.
St. George, Judith. So You Want to be President. New York, New York: Philamel Books, Penguin Putnam Books for Young Readers, 2000. A Caldecott Medal winner for 2001, this book includes facts, background, history on the presidency, presidents and related laws.
Thurgood Marshall and Civil Rights. Footsteps African American History. Peterborough, New Hampshire: Cobblestone Publishing, March/April, 2003.This magazine includes articles about Thurgood Marshall's early life, the discrimination he experienced, famous civil rights cases he argued as a lawyer, and his appointment to the Supreme Court.
Non-print
American Bar Association Division for Public Education, Courts and Legal Procedure http://www.abanet.org/publiced
A good overview of how courts work is provided including the role and structure of courts, courts and legal procedure, steps in a trial, being a judge and mediation. Although the reading level may not be appropriate for all students, this site is a useful reference to increase understanding of the workings of the judicial branch.
Federal Judicial Center, History of the Federal Judiciary http://www.fjc.gov/history/home.nsf
Judges of the United States Courts includes a biographical database with facts about each justice. Search by name of the justice or use the alpha index. Milestones of judicial service would also be of interest to students, including such facts as the youngest and oldest justices, firsts and impeachments. Courts section includes histories of each type of federal court. The Historic Courthouse photograph exhibit includes several California courthouses (click on the courthouse location to access a photograph and history of a specific courthouse).
Internet Public Library: POTUS Presidents of the United States http://www.ipl.org/div/potus/
Extensive information about Presidents of the United States, including background information, election results, cabinet members, notable events, and some points of interest on each of the presidents.
Supreme Court of the United States
http://www.supremecourtus.gov/
The official web site of the Supreme Court includes detailed information about the court, its work, specific cases, procedures, etc. The section entitled About the Supreme Court may be particularly helpful to students as it includes a brief overview of the Supreme Court, history, biographies of current justices, former justices and more.
The Office of the Clerk, Kids in the House, The Learning Center http://clerkkids.house.gov
The Clerk of the House of Representatives provides this site for children. Includes information about the U.S. government, house members and leadership, house history, how laws are made and key words and terms.
The White House, Whitehousekids.gov
http://www.whitehouse.gov/kids/
Some of what is provided includes biographies of the President, First Lady, Vice President and wife, a virtual tour of the White House, Americans of various walks of life who have made significant contributions, presidential biographies and a teacher's guide.
U.S. Government Printing Office, Ben's Guide to U.S. Government http://bensguide.gpo.gov/
This section includes a diagram illustrating the branches, a glossary of terms, links to basic information about each branch.
United States Senate
http://www.senate.gov/
Students can access the websites of California Senators by selecting California from the "choose a state" box. Once this is selected, the two senator's names appear and their websites can be accessed. Senators have included information developed for students on their websites.
U.S. Courts, Educational Outreach
http://www.uscourts.gov/outreach/index.html
An on-line manual entitled Understanding the Federal Courts provides comprehensive information regarding the various levels of federal courts, procedures, jurisdiction, work of judges. Although written at the high school level, the introductory sections as well as the charts may be useful for elementary school students or teacher read aloud.
National Standards for Civics and Government Grades 1-4 Content III (A) Meaning and importance of the United States Constitution. Students should be able to describe what the United States Constitution is and why it is important.
History-Social Science Content Standards
4.5.5 Describe the components of California's governance structure (e.g., cities and towns, Indian rancherias and reservations, counties, school districts).
English-Language Arts Content Standards
Vocabulary and Concept Development
1.2 Apply knowledge of word origins, derivations, synonyms, antonyms, and idioms to determine the meaning of words and phrases.
1.5 Use a thesaurus to determine related words and concepts.
Writing strategies
1.2 Create multiple-paragraph compositions.
Speaking Applications
2.2 Make informational presentations:
a. Frame a key question.
b. Include facts and details that help listeners to focus.
civil case |
evidence |
proceeding |
clerk's office |
judgment |
small claims court |
commissioner |
judge pro tem |
summoned |
defendant |
lawsuit |
|
dispute |
plaintiff |
This simulation simplifies the trial experience to allow students to focus on the essence of judicial decision-making, the issues of a case. Small claims cases are civil disputes where the amount of money involved is $5000 or less. This is an activity that would work well with a guest participant, such as a judicial officer who has served as a small claims judge. In many California Courts, attorneys assist the Court by serving as temporary judges (called judge pro tems) for small claims cases. The Clerk's Office of the Superior Court in your county should be able to assist you in identifying attorneys who have this experience.
1. Understand the process involved in making a judicial decision.
2. Learn the roles of the parties in a small claims case.
3. Recognize and construct persuasive arguments.
4. Discover the central case issues using a simple fact situation.
5. Enhance listening and communication skills.
6. Reflect on what is learned and convey learnings orally and in writing.
* student copies Small Claims Court Overview
* student copies Worksheet-Small Claims Case
* one copy of Roles to be Played Transparency
* 10 copies of each of the four Worksheets (1a-1d) Mini Small Claims Trials
* one copy Teacher Guide Issues and Decisions (included)
1. Students conduct a vocabulary search of the key words and terms. Definitions are included in the glossary of the Guide, however, classroom dictionaries as well as on- line dictionaries could also be used.
2. Distribute the Small Claims Court Overview to students. Students read it alone or in small groups. From the information, students determine if the scenarios presented on the Worksheet-Small Claims Case belong in small claims court.
3. Explain to students that problems needing judicial resolution come to court as "cases." Provide students with an overview of the mini-trial process stressing the following:
* Each student will be given a key role to play in the trial. The key roles are defined on the Roles to be Played Transparency, page 109.
* Explain to students that at the center of every trial is an issue to be decided.
* Each student must first determine as precisely as possible what the defendant and the plaintiff are asking the judge to decide.
4. Divide the class into groups of 3. Assign each student in each group a role: judge, plaintiff, or defendant. If more than one fact situation is used, it is suggested that students rotate roles to vary their experience.
5. Using the role descriptions in the Transparency, read the brief statements about each role to the class. Note that in small claims cases, no attorneys are allowed, therefore in real life as in this simulation, the parties to the case represent themselves.
6. Choose one case from those given in Worksheet #1 a-d and distribute the list of facts for that case. Do not discuss the issue or the decision at this time.
7. Tell students they will be doing a role play of the case within their individual groups. Give the students portraying the plaintiff and defendant sufficient time to prepare-approximately 10-15 minutes. The plaintiff speaks first, then the defendant. The judge may ask questions.
8. After each of the plaintiffs and defendants for the case have presented their side of the story, the judge for the case should take a few minutes to make a decision. The judge then announces his or her decision to the plaintiff and defendant, including the reasoning.
9. Discuss the issues and the decision with the whole class. The Teacher Guide to the Issues, page 114, may be handed out to students if desired. This Guide suggests some of the obvious issues; however, there may be more than one right decision per case.
10. Rotate the roles and repeat the procedure with one or two of the additional cases in Worksheet 1#a-d, pages 110-113. Debrief the simulation with the following questions:
a. Which is the most difficult role to play? Why?
b. How well did the "actors" play their roles?
c. Were the judges' decisions "fair?"
d. If you were the judge, would you have decided the case differently?
Students use the information in the Small Claims Overview, their experience in the decision making activity, as well as the Resources listed in the non-print section to write a multi-paragraph essay entitled "What Citizens Should Know about the Small Claims Court."
1. Conduct a mock trial with the class. There are many scripted options available for purchase, including the People v. A. Wolf simulation available from the Constitutional Rights Foundation and Fairy Tale Mock Trials available for grades K-6 from the American Bar Association (see resource section below). Many scripts may also be downloaded from various law related organization websites.
2. Divide class into groups of 3-4 students. Students are instructed to find a story in the news about a conflict and complete the Worksheet-Conflict Analysis. Hold a classdiscussion about student findings. What types of disputes were identified? What methods appeared to work well, if any? Why? What factors seemed to dictate a successful outcome of the dispute?
3. Students research the national trend in youth courts (also called teen courts or peer courts) for dealing with youths who get in trouble with the law. Resources include Working It Out, Conflict Resolution, AppleSeeds, September 2003 issue listed in the print section and the National Youth Court website listed in the non-print section. Students write a one page essay explaining the purpose of youth courts and how they work. The student should also respond to the statement "I think youth courts are or are not a good idea because..."
4. Use examples from literature for a discussion on justice, fairness and decision making. Read a selection from The Cow of No Color: Riddle Stories and Justice Tales from World Traditions or Adventures of Brer Rabbit and Friends, from Resources non-print. The format of The Cow of No Color prompts readers with questions, Brer Rabbit provides a more open ended discussion. Additional literature ideas include Goldilocks and the Three Bears, parable of the Good Samaritan, It's Not Fair by Charlotte Zolotow and Letter from a Birmingham Jail by Martin Luther King, Jr.
Center for Civic Education. Foundations of Democracy: Authority, Privacy,Responsibility, and Justice. Calabasas, California: Center for Civic Education. Center for Civic Education 1999. The Justice book, Unit Three: How Can We Solve Problems of Corrective Justice is particularly helpful for this lesson.
Constitutional Rights Foundation. People v. A. Wolf, Voir Dire and Mock Trial Simulations. Los Angeles, California: Constitutional Rights Foundation. The trial is based on the book The True Story of the 3 Little Pigs! by A. Wolf by Jon Scieszka. Inaddition to the familiar characters from The Three Little Pigs, the trial involves jurors who children will recognize, such as Red Riding Hood, who is now a fire fighter. The jury selection (voir dire) or mock trial can be done consecutively to illustrate the complete trial process or as independent activities. Links to the California History-Social Science and English-Language Arts Standards are provided.
Harris, Joel Chandler (retold by Karima Amin). Adventures of Brer Rabbit and Friends. DK Publishing, 2001. In these ten stories, Brer Rabbit continually tries to outwit Brer Fox and his other friends.
Jaffe, Nina. The Cow of No Color: Riddle Stories and Justice Tales from World Traditions. Henry Holt & Company, Inc., 1998. A collection of 23 stories from around the world. A variety of settings and characters provide settings for discussions of justice. Some are riddles that ask the reader to figure out the end of the story.
Scieszka, Jon. The True Story of the 3 Little Pigs! by A. Wolf. New York, New York: Puffin Books, 1996. The wolf finally gets to tell his side of the story in his own words. He has a perfect explanation for why he ate the first two little pigs and what he was doing when he was arrested at the 3rd little pigs' house. The facts to create the People v. Wolf case are included here.
Working It Out, Conflict Resolution. AppleSeeds, A Cobblestone Publication. Carus Publishing Company, September 2003. How can we work it out--at home, at school, in our world? Students learn about Operation Respect, kid helpful steps at mediation, the importance of "listening", Youth Courts for resolving issues, and some peace heroes. This excellent magazine is for grades 2-4.
Non-print
American Bar Association, Division for Public Education http://www.abanet.org/publiced/home.html/
This link includes fairy tale mock trials for grades K-6 that are available for purchase. http://www.abanet.org/publiced/mocktrials.html
Information such as the role of the courts, the differences between criminal and civil case processing, the job of being a judge, jury information and judicial independence is included.
California Courts, Self Help Center, Small Claims Basics http://www.courtinfo.ca.gov/selfhelp/smallclaims/
The California Courts Self Help Center provides free help to those who are representing themselves in court without an attorney. The section on small claims cases provides complete information about small claims processing in simple to follow terms.
National Youth Court, Resources
http://www.youthcourt.net/
The National Youth Court website provides extensive information about youth courts across the United States. The Frequently Asked Questions section provides links to information such as facts, statistics, and history that students will find interesting.
The State Bar of California, Public Services http://www.calbar.ca.gov/state/calbar/calbar_home_generic.jsp?cid=10174
Select the Using the Small Claims Court link. Information regarding the California Small Claims process is explained in a question and answer format. National Standards for Civics and Government Grades 1-4 Content I (D) Functions of government. Students should be able to explain some of the major things governments do in their school, community and nation. Grades 1-4 Content III (C) Organization and major responsibilities of state government. Students should be able to explain the most important responsibilities of their state government.