Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days Grade 05 Unit 06 Exemplar Lesson 03: Our Rights as Americans This lesson is one approach to teaching the State Standards associated with this unit. Districts are encouraged to customize this lesson by supplementing with district-approved resources, materials, and activities to best meet the needs of learners. The duration for this lesson is only a recommendation, and districts may modify the time frame to meet students needs. To better understand how your district may be implementing CSCOPE lessons, please contact your child s teacher. (For your convenience, please find linked the TEA Commissioner s List of State Board of Education Approved Instructional Resources and Midcycle State Adopted Instructional Materials.) Lesson Synopsis Students learn about the importance of the Bill of Rights (the first 10 amendments to the Constitution), the process for amending the Constitution, and the 15th, 19th, and 23rd amendments. Students learn more in depth about federalism through a comparison of federal and state rights and responsibilities. TEKS The Texas Essential Knowledge and Skills (TEKS) listed below are the standards adopted by the State Board of Education, which are required by Texas law. Any standard that has a strike-through (e.g. sample phrase) indicates that portion of the standard is taught in a previous or subsequent unit. The TEKS are available on the Texas Education Agency website at http://www.tea.state.tx.us/index2.aspx?id=6148. 5.15 Government. The student understands important ideas in the Declaration of Independence, the U.S. Constitution, and the Bill of Rights. The student is expected to: 5.15C Explain the purposes of the U.S. Constitution as identified in the Preamble. 5.16 Government. The student understands the framework of government created by the U.S. Constitution of 1787. The student is expected to: 5.16C Distinguish between national and state governments and compare their responsibilities in the U.S. federal system. 5.20 Citizenship. The student understands the fundamental rights of American citizens guaranteed in the Bill of Rights and other amendments to the U.S. Constitution. The student is expected to: 5.20A Describe the fundamental rights guaranteed by each amendment in the Bill of Rights, including freedom of religion, speech, and press; the right to assemble and petition the government; the right to keep and bear arms; the right to a trial by jury; and the right to an attorney. 5.20B Describe various amendments to the U.S. Constitution such as those that extended voting rights of U.S. citizens. Skills TEKS 5.24 Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to: 5.24A Differentiate between, locate, and use valid primary and secondary sources such as computer software; interviews; biographies; oral, print, and visual material; documents; and artifacts to acquire information about the United States. 5.24B Analyze information by sequencing, categorizing, identifying cause-and-effect Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD page 1 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions. 5.24C Organize and interpret information in outlines, reports, databases, and visuals, including graphs, charts, timelines, and maps. 5.25 Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to: 5.25C Express ideas orally based on research and experiences. 5.25D Create written and visual material such as journal entries, reports, graphic organizers, outlines, and bibliographies. GETTING READY FOR INSTRUCTION Performance Indicators Grade 05 Unit 06 PI 03 Create a booklet about the Bill of Rights and the 15 th, 19 th and 23 rd amendments to the Constitution. Include pictures, examples, and information about the importance of voting. Orally explain the contents of the book. Standard(s): 5.20A, 5.20B, 5.24A, 5.25C ELPS ELPS.c.4I, ELPS.c.5F Key Understandings Democratic governments create processes to change governing documents to guarantee the rights of their citizens. What processes were created to protect citizens rights in the Bill of Rights? What citizens rights needed to be protected when the country first began? Vocabulary of Instruction Federalist Import Republic Ratify Amendment Materials map pencils paper Attachments All attachments associated with this lesson are referenced in the body of the lesson. Due to considerations for grading or student assessment, attachments that are connected with Performance Indicators or serve as answer keys are available in the district site and are not accessible on the public website. Handout: Do Children Have Constitutional Rights? (1 per student) Handout: Venn Diagram (blank, optional, 1 per student) Teacher Resource: Venn Diagram KEY Teacher Resource: PowerPoint: The Bill of Rights Handout: Amending or Changing the Constitution (1 per student) Handout: Four Important Amendments (1 per student) Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD page 2 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days Handout: Four Important Amendments KEY Handout: Federalism (1 copy per student) Handout: Federalism in Your Own Words Teacher Resource: Ratification, Compromise, and Additions (optional) Resources Use local resources and references as appropriate. Advance Preparation 1. Become familiar with content and procedures for the lesson. 2. Refer to the Instructional Focus Document for specific content to include in the lesson. 3. Select appropriate sections of the textbook and other classroom materials that support the learning for this lesson. 4. Preview available resources and websites according to district guidelines. 5. Find a picture of one of the five freedoms of the 1 st Amendment being challenged. (Age-appropriate) 6. Cut up ten strips of paper and write a number (1-10) on each paper. 7. Gather old magazines with pictures to be cut up. 8. Prepare materials and handouts as needed. Background Information Many states, while happy with the new Constitution, believed that it left out too many of the rights they believed everyone should have. This lesson looks at the first 10 amendments, or changes, that were made to the Constitution in the form of the Bill of Rights. Originally, many writers of the Constitution did not think it was necessary to list the individual rights of the people when they created the document in 1787. In part, they thought there were enough limits on the government to prevent an abuse of power. However, several states remembered their experience under the tyrannical rule of the British government and would only ratify (approve) the new plan if individual rights were attached to the U.S. Constitution. The Founding Fathers, specifically James Madison, went to work to prepare a list of amendments (changes or additions). In 1791, the states agreed to the first ten amendments to the U.S. Constitution, known collectively as the Bill of Rights. Since that time, citizens have wanted rights, especially voting rights, to be guaranteed in the Constitution through new amendments. In this lesson, students will explore the Bill of Rights and the voting rights amendments that have been added. GETTING READY FOR INSTRUCTION Teachers are encouraged to supplement and substitute resources, materials, and activities to meet the needs of learners. These lessons are one approach to teaching the TEKS/Specificity as well as addressing the Performance Indicators associated with each unit. District personnel may create original lessons using the Content Creator in the Tools Tab. All originally authored lessons can be saved in the My CSCOPE Tab within the My Content area. INSTRUCTIONAL PROCEDURES Instructional Procedures ENGAGE 1. Guide students in a discussion of their rights. Ask such questions such as: Do you have rights? Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD Notes for Teacher NOTE: 1 Day = 50 minutes Suggested Day 1 15 minutes Attachments: Handout: Do Children Have Constitutional Rights? (1 per page 3 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days Are your rights the same as an adult? 2. Distribute the Handout: Do Children Have Constitutional Rights? 3. Students read the list and discuss it. 4. Distribute the Handout: Venn Diagram (or have students draw their own). 5. After a reminder discussion of Federalist and Anti-Federalist, students work together to fill in the Venn diagram on Federalism and Anti-Federalism. Students also recall earlier discussions on the road to revolution and the Declaration of Independence to bring to mind rights the Founding Fathers thought needed to be protected when the country first began. What citizens rights needed to be protected when the country first began? 6. Students summarize the Venn diagram and explain their finished diagram to another student. student) Handout: Venn Diagram (blank, optional, 1 per student) Teacher Resource: Venn Diagram KEY TEKS: 5.15C; 5.20A; 5.24B; 5.25C; 5.25D Instructional Note: Use the discussion on the rights of minors to demonstrate the need of the Founding Fathers to articulate protected rights. Remind students that the Anti- Federalists wanted a weak central government. They wanted states to have more power because they believed it would protect individual rights. The Federalists believed in strong central government because they believed the states needed more structure so they could have the same currency (money) and guidance from the court system. EXPLORE 1 1. Students create a K-W-L chart indicating what they KNOW about the Bill of Rights and what they WANT to know. 2. Present the Teacher Resource: PowerPoint: Bill of Rights and facilitate a discussion. (Note: a discussion question has been added to each slide, but those questions may altered/revised as deemed appropriate by the teacher.) 3. Students add information to their K-W-L chart as they LEARN new information about each amendment. EXPLAIN 1 1. Students explain and summarize the constitutional rights of minors (children) and why the rights are different from adults. 2. Students create a small booklet explaining the rights of children. Share and talk about the booklet with another student or with an adult. 3. Display the booklets in a prominent place in the school, perhaps the library. Suggested Day 1 (continued) 15 minutes Attachments: Teacher Resource: PowerPoint: Bill of Rights TEKS: 5.20A; 5.24A; 5.25C Instructional Note: A discussion question has been added to each slide, but those questions may altered/revised as deemed appropriate by the teacher. Suggested Day 1 (continued) 20 minutes Materials The previous attachment Handout: Do Children Have Constitutional Rights? TEKS: 5.20A; 5.15C; 5.24B; 5.25C; 5.25D Instructional Note: A two-tab graphic organizer would be one option for the booklet. EXPLORE 2 Suggested Day 2 20 minutes Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD page 4 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days Students discuss the amendment process, including considering the Key Understanding and guiding questions, considering first: What does it take to amend the United States Constitution? Distribute the Handout: Amending or Changing the Constitution Students read the handout, appropriate sections of the textbook and other classroom resources to learn about the 15 th, 19 th and 23 rd amendments. Students discuss the importance of voting (popular sovereignty) and why the government amended the Constitution to include more people in the right to vote. Students choose one more amendment to add to the list. Fill out the four square graphic organizer to summarize and explain each amendment. (Handout: Four Important Amendments) Attachments: Purpose: Handout: Amending or Changing the Constitution (1per student) Handout: Four Important Amendments (1 per student) Handout: Four Important Amendments KEY Students learn that the Constitution can be changed, but the process to change it is difficult. This helps ensure that the decisions are really made by the people, that the voice of the people (the governed) is heard. TEKS: 5.20B; 5.24A; 5.24B; 5.25D Instructional Note In this Explore section students gain information related to the Key Understanding and guiding question: Democratic governments create processes to change governing documents to guarantee the rights of their citizens. What processes were created to protect citizens rights in the Bill of Rights? EXPLAIN 2 Suggested Day 2 (continued) 15 minutes 1. Students re-read Handout: Amending or Changing the Constitution and underline key words they want to use in their writing. 2. Student explains in writing 3 amendments to the Constitution 2 - ways to amend the Constitution 1 - the importance of being able to amend the Constitution and why the process that is used to make amendments is so difficult ELABORATE 1. Divide students into groups of four for a discussion group. 2. Using information from their former discussions and studies, students discuss, in light of knowing how difficult it is to get amendments to the Constitution passed, the most important reasons the Founding Fathers created the Bill of Rights and made sure the first 10 amendments were passed. Appoint a recorder to list the reasons from each group. 3. Hold a class discussion to make a class list combining the reasons the students believe the Founding Fathers created the Bill of Rights. 4. Continue the discussion, encouraging students to use academic Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD Suggested Day 2 (continued) 15 minutes TEKS: 5.15C; 5.20B; 5.25C Instructional Note: Reasons for the Creation of the Bill of Rights: Delineate individual rights that are protected by the law Reach a compromise to ensure ratification by gaining support from the Anti-Federalism movement Importance of the Bill of Rights Ensures individual human rights page 5 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days language to answer the guiding questions and frame their answers in support of the Key Understanding. protection Democratic governments create processes to change governing documents to guarantee the rights of their citizens. What processes were created to protect citizens rights in the Bill of Rights? What citizens rights needed to be protected when the country first began? EXPLORE 3 1. Students look at the list on the Handout: Federalism and discuss the list of things the federal government provides and the list of things the state government provides. 2. Students create a folded paper organizer with the list to create an easy reference guide. EXPLAIN 3 Fold a single sheet of construction paper in half, (like a hamburger) leaving about an inch underlap at the top to print the word Federalism on it. Cut out and paste in the chart. Fold the paper and cut down the middle of the top half, so the two halves of the chart can be accessed separately for review. Students decorate the outside on the federal side and on the state side with an illustration to help them remember the difference between the two concepts. 1. Students discuss and explain what was a surprise about the purpose of each level of government. (Teacher guides the discussion with thoughtful questions.) 2. Using the folded guide they designed, students fill in the Handout: Federalism in Your Own Words. EXPLORE 4 1. Students watch again the Bill of Rights Power Point from Day 1 and ask clarifying questions to make certain they understand the importance of Individual Rights. 2. Using the handout Amending or Changing the Constitution, students review the process for amending the Constitution and ask clarifying questions to make sure they understand the process for amending the Constitution. 3. Using their completed Four Important Amendment charts, students review the 15 th, 19 th, and 23 rd amendments. EXPLAIN 4 Suggested Day 3 20 minutes Materials: paper map pencils Attachments: Handout: Federalism (1 copy per student) Purpose: Students compare and contrast State government and National government to learn more about Federalism. TEKS: 5.25D Instructional Note: The federal government refers to the three sets of government (local, state, national) that exercise powers (shared or exclusive) to fulfill the goals in the Preamble. Suggested Day 3 (continued) 15 minutes Attachments: TEKS; 5.25C Handout: Federalism in Your Own Words (1 per student) Suggested Day 3 (continued) 15 minutes Materials: Teacher Resource: PowerPoint: Bill of Rights from Day 1 Handout: Amending or Changing the Constitution from Day 2 Handout: Four Important Amendments from Day 2 TEKS: 5.20A; 5.20B; 5.15C; 5.16C; 5.24A; Suggested Day 4 10 minutes 1. Students use their Handout: Federalism in Your Own Words Materials: Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD page 6 of 16
Grade 5 Unit: 06 Lesson: 03 Suggested Duration: 4 days (from Day 3) to prepare to explain in their own words each of the purposes of the federal government and the purposes of the state government. 2. Students summarize what they have learned including the importance of amending the constitution, of individual rights, and of federalism vs. anti-federalism in a letter written to a city, state, or national leader. 3. Students explain what they have learned to another student or an adult. Handout: Federalism in Your Own Words from Day 3 Attachments: Teacher Resource: Ratification, Compromise, and Additions (optional) TEKS: 5.20A; 5.20B; 5.15C; 5.16C; 5.25C Instructional Note: If needed, use the Teacher Resource: Ratification, Compromise, and Additions for additional information. EVALUATE Grade 5 Unit06 PI03 Create a booklet about the Bill of Rights and the 15 th, 19 th and 23 rd amendments to the Constitution. Include pictures, examples, and information about the importance of voting. Orally explain the contents of the book. Standard(s): 5.20A, 5.20B, 5.24A, 5.25C ELPS ELPS.c.4I, ELPS.c.5F Suggested Day 4 (continued) 40 minutes TEKS: 5.20A, 5.20B; 5.24A, 5.25C Last Updated 4/23/13 Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISD page 7 of 16
Do Children Have Constitutional Rights? Grade 5 Unit: 6 Lesson: 03 Yes, children are human beings with the same basic constitutional rights that adults enjoy. There are some exceptions. Yes, children have these rights: Unalienable rights (life, liberty, pursuit of happiness) Children do not have these rights: No voting in local, state or national elections Due process Cannot sign petitions until 18 Right to counsel (lawyer) Right to a hearing by a judge No cruel and unusual punishment No unwarranted search and seizure Right to attend school No jury trial by peers No running for official elections Cannot serve in the armed services until 18 Limited rights to free speech and expression in school Schools may censor school newspapers and suspend students for inappropriate language and behavior Schools are allowed to search students' private property without probable cause for the safety of others. 2012, TESCCC 04/23/2013 page 1 of 1
Grade 5 Unit: 06 Lesson: 03 Topic: Compare Federalists and Anti-Federalists Federalists: Political: BOTH Political: Anti-Federalists: Political: Economic: Economic: Economic: : Summary: 2012, TESCCC 09/26/2012 page 1 of 1
Topic: Compare Federalists and Anti-Federalists Grade 5 Unit: 06 Lesson: 03 Federalists: Political: Believe in a strong central government, weaker states rights Economic: Believe there should be a national currency and the federal government should control commerce and be able to levy taxes BOTH Political: Believe in Democracy, 3 branches of government, or separation of powers; and limited government Economic: Believe in the need for a strong economic system with a strong currency, taxes, commerce and trade Anti-Federalists: Political: Believe in weak central government and strong states rights, believe in strong individual rights; prefer a confederation of states Economic: Believe states can control their own currency and trade, and should levy taxes Summary: 2012, TESCCC 09/26/2012 page 1 of 1
Amending or Changing the Constitution Grade 5 Unit: 06 Lesson: 03 Article V of the United States Constitution The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article*; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. The Founding Fathers intentionally made the United States Constitution difficult to amend. As explained in Article V, the Constitution can be amended in one of two ways. 1. An amendment can take place by a vote of two-thirds of both the House of Representatives and the Senate followed by a ratification of three-fourths of the various state legislatures (ratification by thirty-eight states would be required to ratify an amendment today). This first method of amendment is the only one ever used in the history of the United States. 2. And, there is a second way to make an amendment: the Constitution might be amended by a Convention called for this purpose by two-thirds of the state legislatures, if the Convention's proposed amendments are later ratified by threefourths of the state legislatures. An amendment can be blocked by only thirteen states withholding approval. Only 27 amendments have been ratified since the Constitution was ratified, and ten of those were the Bill of Rights. Text courtesy of the National Archives: National Archives, (n.d.). The constitution. Retrieved from website: http://www.archives.gov/exhibits/charters/constitution_transcript.html 2012, TESCCC 04/17/13 page 1 of 1
Four Important Amendments Grade 5 Unit: 06 Lesson: 03 15 th Amendment 19 th Amendment 23 rd Amendment Amendment 2012, TESCCC 09/01/2012 page 1 of 1
Four Important Amendments KEY Grade 5 Unit: 06 Lesson: 03 15 th Amendment One of the three Civil War amendments, it was passed in 1870 to ensure that no citizen would ever again be denied the right to vote based on race, color, or previous condition of servitude. This is one of the popular sovereignty amendments because it protects the right to vote. 19 th Amendment This amendment is also a popular sovereignty amendment because it gives the right to vote to women. Women have only had the right to vote since the year 1920, and they had to work hard to ensure that right. The women who worked for the right to vote were called suffragettes. 23 rd Amendment The people who live within the boundaries of our national capital, Washington, DC were denied the right to vote because they did not reside in a State in the United States. Finally, in 1961 the citizens of the area were allowed to vote for President and Vice President. The first time they could vote was in the 1964 election. Amendment Students give information on an amendment of their choosing. 2012, TESCCC 04/23/13 page 1 of 1
Federalism Grade 5 Unit: 06 Lesson: 03 Purpose of Democratic governments: Make society a better, more orderly place to live by providing rules for conduct, and punishments for disobeying rules (see the Preamble) Provide services to the people individuals cannot (roads, clean water) Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people. Purpose/Powers of the National Government To determine and collect import duties To pay the debts of the U.S. Government To regulate immigration To provide and regulate postal service To protect intellectual property with patents, copyrights, and trademark rights To coin money To declare war To raise, support, and regulate the armed forces Federal highways To enter into a treaty To admit new states to the Union To guarantee a republican form of government Purpose/Powers of the State Government To ratify amendments to the U.S. Constitution To manage public health and safety To manage public education To make and enforce laws (shared power with the national government) To enforce and execute laws of the state and national governments To borrow money (shared power with the national government) To levy taxes (shared power with the national government) (shared power with the national government) To oversee commerce within the state To establish state highways Article 4 of the Constitution provides: To extradite (send) criminals to the state where they committed the crime 2012, TESCCC 04/23/13 page 1 of 1
Federalism In Your Own Words Grade 5 Unit: 06 Lesson: 03 Purpose of Democratic governments: Make society a better, more orderly place to live by providing rules for conduct, and punishments for disobeying rules (see the Preamble) Provide services to the people individuals cannot (roads, clean water) Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people. Purpose of the National Government Purpose of the State Government Article 4 of the Constitution provides: 2012, TESCCC 04/23/13 page 1 of 1
Ratification, Compromise, and Additions Grade 5 Unit: 06 Lesson: 03 Anti-Federalists This group of people from various backgrounds, but who lived in mostly rural areas, was against the ratification of the new Constitution. They thought it would give the federal (national) government too much power. They preferred the amount of power the states had under the Articles of Confederation. They also thought that the creation of the Senate in Congress and the office of the President too closely represented something very close to a monarchy. They thought that such a huge system couldn t protect the rights of individual citizens as well as the states could, and a standing army would scare many citizens. The leaders of this movement were Patrick Henry and Thomas Jefferson. Federalists This group thought that the old Articles of Confederation were completely ineffective in running the country. They looked at the new Constitution as representing rights of individual people through the House of Representatives and the Senate as representing the rights of the states. They also believed that the Constitution would protect citizens federal rights and the states would step in to fill the gaps on the state level. The leaders of this movement were James Madison and Alexander Hamilton who wrote the Federalist Papers to explain their views. The Bill of Rights and Amendments When the ratification debate could go no further in Massachusetts, both Anti-Federalists and Federalists came together to add ten amendments (additions) to the Constitution that would protect individual rights and states rights. James Madison proposed the Bill of Rights, the first ten amendments, to the House of Representatives. It included many of the rights the people were asking to include. The Bill of Rights was ratified in 1791. Over the years as the country matured and grew, the citizens realized that new guarantees needed to be in place to protect rights that became apparent. A total of seventeen amendments have been added since the original ten. Three of these specifically address voting rights. As the citizens thought more people needed to be included in making decisions for the nation, the 15th amendment (including African Americans), the 19th amendment (including women) and the 23rd amendment (including residents of Washington, D.C.) 2012, TESCCC 04/23/13 page 1 of 1