The United States Constitution

1. Chapter4 The United States Constitution How and why did the framers distribute power in the Constitution? 1

2. 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

3. 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

4. Preview Use this completed outline to check and correct your work. Put Notebook Handout 4 into your notebook. 4

5. Preview Using the outline of the Constitution, answer these questions in your notebook: What observations can you make about the way the framers organized the Constitution? Which branch of government did the framers give the greatest number of expressed powers to? What might be some reasons for that? What inferences can you make about how the framers intended to distribute power within the federal government? 5

6. 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. 6

7. 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 7

8. Reading Read Section 4.1. Consider possible answers to the Essential Question: How and why did the framers distribute power in the Constitution? 8

9. 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. 9

10. 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? 10

11. 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. 11

12. 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… 12

13. 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. 13

14. 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. 14

15. 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. 15

16. 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? 16

17. Discuss the six guiding principles of the Constitution as a class. 17

18. Discuss the six guiding principles of the Constitution as a class. 18

19. 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… 19

20. 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. 20

21. 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. 21

22. 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. 22

23. 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. 23

24. 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? 24

25. 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 25

26. 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. 26

27. 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 27

28. 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. 28

29. 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 29

30. Listen to “Constitutional Case 2” as you read along about the case on Student Handout 4E. CD Track 3 30

31. 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. 31

32. 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 32

33. Listen to “Constitutional Case 3” as you read along about the case on Student Handout 4E. CD Track 5 33

34. 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. 34

35. 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 35

36. 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? 36

37. 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 zero-tolerance 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? 37

38. 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. 38

39. 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 39

40. 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 two-thirds of the class’s votes in its favor. 40