Civics Learning Goals for the 3 Quarter...
Transcript of Civics Learning Goals for the 3 Quarter...
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Civics Learning Goals for the 3rd Quarter 2017-18
Unit: The U.S. and the World C.4.1 – Differentiate concepts related to U.S. domestic and foreign policy.
- Students will recognize the difference between domestic and foreign policy
- Students will identify issues that relate to U.S. domestic and foreign policy
- Students will analyze the domestic implications of U.S. domestic and foreign policy
- Students will identify the goals and objectives of U.S. domestic and foreign policy
- Students will recognize the role of the U.S. State Department in foreign affairs
C.4.2 – Recognize government and citizen participation in international organizations.
- Students will identify major international organizations in which government plays a role
- Students will recognize that international organizations may be located in the United States
- Students will describe ways that individual citizens and government can seek participation in international
organizations
- Students will examine the ways that government and individuals may support international organizations
C.4.3 – Describe examples of how the United States has dealt with international conflicts
- Students will identify specific examples of international conflicts in which the United States has been
involved
- Students will identify the reasons for the United States becoming involved in past international conflicts
- Students will analyze primary source documents pertaining to international incidents to determine the
course of action taken by the United States
- Students will identify the different methods used by the United States to deal with international conflicts
Model UN
- Students will identify vocabulary relevant to Model UN
- Students will identify the phases of a Model UN conference
- Students will engage in a simulation of Model UN
Unit: Florida State & Local Government C.3.8, C.3.9 – Analyze the structure, functions, and processes of the legislative, executive, and judicial
branches. Illustrate the lawmaking process at the local, state, and federal levels.
- Students will examine the processes of the legislative, executive, and judicial branches of government.
- Students will compare local, state, and federal lawmakers.
- Students will distinguish among ordinances, statutes, and acts on the local, state, and federal levels.
- Students will compare and contrast the lawmaking process at the local, state, and federal levels.
C.3.4 – Identify the relationship and division of powers between the federal government and state
governments.
- Students will define the system of federalism.
- Students will analyze how federalism limits government power.
- Students will compare concurrent powers, enumerated powers, reserved powers, and delegated powers as
they relate to state and federal government.
- Students will analyze the issues related to the Tenth Amendment of the U.S. Constitution.
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C.3.14 – Differentiate between local, state, and federal governments’ obligations and services.
- Students will evaluate scenarios in order to determine which level of government provides specific services.
- Students will classify government services according to level of government in order to evaluate the role
that each plays in their lives.
- Students will compare the obligations/powers of governments at each level.
- Students will compare the reserved, concurrent and expressed/enumerated powers of government.
C.3.13 – Compare the constitutions of the United States and Florida.
- Students will identify the purposes of a constitution.
- Students will recognize the basic outline of the U.S. and Florida constitutions.
- Students will compare the amendment process of the U.S. and Florida constitutions.
- Students will recognize the U.S. Constitution as the supreme law of the land.
Unit: My Rights and Liberties C.2.4 – Evaluate rights contained in the Bill of Rights and other amendments to the Constitution.
- Students will recognize that the Bill of Rights comprises the first ten amendments to the U.S. Constitution.
- Students will recognize the five freedoms protected by the First Amendment.
- Students will evaluate how the Bill of Rights influences individual actions and social interactions.
- Students will use scenarios to identify rights protected by the Bill of Rights.
- Students will use scenarios to recognize violations of the Bill of Rights or other constitutional amendments.
C.2.5 – Distinguish how the Constitution safeguards and limits individual rights.
- Students will recognize that rights are protected, but not unlimited.
- Students will examine rationales for limited individual rights.
- Students will use scenarios to examine the impact of limits on individual rights on social behavior.
- Students will examine the role of the judicial branch of government in protecting individual rights.
C.3.6 – Evaluate the constitutional rights and their impact on individuals and society.
- Students will recognize how individual rights shape involvement in the social, political, and economic
systems.
- Students will recognize how the social, political, and economic systems in the United States are dependent
upon individual rights.
- Students will use scenarios to recognize and/or evaluate options for exercising constitutional rights.
- Students will evaluate the impact of the government upholding and/or restricting individual constitutional
rights.
C.3.7 – Analyze the impact of the 13th, 14th, 15th, 19th, 24th, and 26th amendments on participation of
minority groups in the American political process.
- Students will recognize the rights outlined in these amendments.
- Students will evaluate the impact these amendments have had on various social movements.
- Students will analyze historical scenarios to examine how these amendments have affected participation in
the political processes.
- Students will recognize how the amendments were developed to address previous civil rights violations,
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SS.7.C.4.1 Page 3
Understanding U.S. Domestic and Foreign Policy
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Level Student Task
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Key Vocabulary
Domestic Policy, Domestic Affairs, Foreign Policy, Foreign Affairs
____________________ includes those laws focusing on need within our country, or
____________________.
Social welfare, health care, education, civil rights, economic issues and social issues, such as
family law, all fall under the _____________________ category.
____________________ focuses on the nation’s international relations and how the U.S.
interacts with other countries, issues that come up between our country and others are known as
____________________.
____________________ focuses on diplomacy, the work of keeping up relations between the
governments of different countries and then making decisions on how to maintain those
relationships.
To accomplish this, the government relies on diplomats, people skilled in diplomacy, to
maintain relationships with other countries.
The president will sometimes outline his or her ___________________ goals in a written
statement, which becomes known as a doctrine.
Write about it! Domestic and foreign policy are alike because:
Domestic and foreign policy differ because:
One current domestic affairs issues is
One current foreign affairs issue is
I can find out about current domestic and foreign affairs issues by
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SS.7.C.4.1 Page 5
Understanding Foreign and Domestic Policy
Executive
department
Domestic or
Foreign Policy
or both?
How do you know? What in the
description supports your answer?
Agriculture
Commerce
Defense
Education
Energy
Health and
Human
Services
Homeland
Security
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Housing and
Urban
Development
Interior
Justice
Labor
State
Transportation
Treasury
Veterans
Affairs
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Foreign Policy Scenarios
1. Upon President Wilson’s request on April 6, 1917, Congress declared war on Germany and gave the
President the power to lead the army and navy to fight Germany in World War I. ________
2. In 2003, President George W. Bush decided to focus support on a worldwide initiative to help countries
prevent and treat HIV/AIDS. _________
3. In 1949, after World War II, the United States and other democratic countries formed NATO, the North
Atlantic Treaty Organization. It said that if any country was attacked by an outside nation, they would help
defend each other. _________
4. The U.S. government provides advice and help for countries wanting to start new democracies by showing
them how to run fair elections. _________
5. In 1968, the major countries of the world agreed to the “Nuclear Non-Proliferation Treaty,” which is aimed at
limiting the spread of nuclear weapons. As of 2010, over 180 countries have joined. ______
6. In 1990, Iraqi leader Saddam Hussein led Iraqi troops to invade and take over neighboring Kuwait. In
January 1991, Congress authorized President George H. W. Bush to lead U.S. troops into Kuwait and force the
Iraqi troops to leave. ________
7. In response to the January 2010 earthquake that devastated Haiti, the United States has given the country
significant aid in the form of food, water, and medical care. ________
8. The U.S. has a program aimed at helping people in developing countries have access to safe drinking water.
________
9. On December 7, 1941, Japan attacked a U.S. navy base on Pearl Harbor, Hawaii, a U.S. territory at the time. This act
would bring the U.S. into World War II. The next day, Congress passed a war declaration giving President Roosevelt the
power the lead the entire U.S. military against Japan. _________
10. In June 1950, communist North Korea invaded South Korea. The U.S. was supporting South Korea at the
time. As a result of the invasion, President Truman sent U.S. troops as part of a United Nations mission to fight
on behalf of South Korea. ________
11. In 1919, President Wilson wanted the U.S. to agree to the Treaty of Versailles, the overall peace treaty
ending the war in Europe, and to join the League of Nations. The U.S. Senate rejected these actions, so the U.S.
did not ratify the treaty or join the League of Nations. ________
12. After World War II ended in 1945, the U.S. gave more than $13 billion to help rebuild countries and support
their democratic governments. _________
13. In 1993, the U.S., Canada, and Mexico agreed to the North American Free Trade Agreement (NAFTA),
whose goal is to make it easier to trade among the three countries. _________
14. On September 11, 2001, Al-Qaeda terrorists attacked the United States. President George W. Bush asked
Congress for a resolution asking to use military force against those responsible; this led to U.S. troops fighting
in Afghanistan, where Al-Qaeda leaders were based. ___________
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4.1 Review Questions
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Which action is an example of a domestic policy decision?
A. The Senate votes to ratify a treaty
B. The President nominates an ambassador
C. Congress votes to increase the income tax
D. The president asks Congress to declare war
The statement below was made by Secretary of State Hillary Clinton during a January 23, 2013 Senate hearing.
“It has been one of the great honors of my life to lead the men and women of the State Department…nearly
70,000 serving here in Washington, more than 270 posts around the world. They get up and get to work every
day, often in difficult and dangerous circumstances, because they believe, as we believe, the United States is
the most extraordinary force for peace and progress the world has ever known.”
Source: U.S. Department of State
Based on the statement, which is a goal of U.S. policy?
A. Diplomatic Alliances
B. Homeland security
C. Citizen protection
D. Avoiding conflict
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International Organizations
International Organizations
Non-Example Who is involved? What is their main purpose?
North American
Free Trade
Agreement
(NAFTA)
Level Student Task
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Intergovernmental Organization Nongovernmental Organization (NGO)
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Name of
Organization
Where are the
headquarters?
Who is involved? What is their main purpose?
European
Union
Intergovernmental
NGO
North Atlantic
Treaty
Organization
Intergovernmental
NGO
Red Cross/Red
Crescent
Intergovernmental
NGO
United Nations
Intergovernmental
NGO
United Nations
Children’s Fund
(UNICEF)
Intergovernmental
NGO
World Bank
Intergovernmental
NGO
World Court
Intergovernmental
NGO
World Health
Organization
Intergovernmental
NGO
World Trade
Organization
Intergovernmental
NGO
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4.2 Review Questions
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Which is an example of a way that a citizen can seek participation in an international organization?
A. E-mail about internship opportunities at the International Red Cross
B. “Like” the Facebook page of the World Trade Organization
C. Request a trial before the World Court
D. Ask to join the United Nations
A. They have decreased community involvement
B. They have increased participation in world affairs
C. They have maintained world peace
D. They have strengthened terrorism
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The U.S. and International Conflict
Key Vocabulary
Cooperation, Conflict, Conditions, Motivations, Actions
In international _______________ and cooperation, countries are either working together or against each other.
The ___________________ have to be just right for conflict or cooperation to occur. When the conditions are
right ________________ come into play—what goals does a particular country have? Finally, countries take
____________ to work together or against each other.
Define international conflict in your own words:
Define international cooperation in your own words:
Level Student Task
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Three Factors for Conflict or Cooperation
Record the three factors and provide a summary and examples from the text
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Scenario Analysis
Read the scenario you are given and cite specific information from the text that summarizes the answers to the
questions below. Once you have completed the reading and listed your evidence, state your opinion and explain
why you think the U.S. should/should not have been involved in the conflict and what the U.S. could have done
differently (if anything).
Include the following information
Name of conflict
Why did the U.S. get involved?
Who else was involved in the conflict?
What methods did the U.S. use to deal with the conflict?
What was the outcome?
Do you think the U.S. should or should not have gotten involved in the conflict?
What, if anything, could the U.S. have done differently?
Primary Source Analysis
What is happening in this photograph?
What are some of the details that stand out to you?
What is the issue that this photograph is focusing on?
Does the photograph tell some kind of a story? If so, what do you think the story is?
How do the photographs provide an additional perspective or understanding of the war?
How do the photographs relate to what you already know?
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4.3 Review Questions
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Which presidential action was based on Article I of the U.S. Constitution?
A. John F. Kennedy’s statements about missiles in Cuba
B. Franklin Roosevelt asking Congress to declare was or Japan
C. Dwight Eisenhower’s statements about communism in Africa
D. George H. Bush asking Congress to commit troops for Gulf War I
The newspaper headline below describes an event in U.S. history.
Which course of action taken by the United States is represented in the headline?
A. Treaty ratification
B. Veto override
C. Diplomacy
D. Terrorism
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Model UN
Model United Nations’ Conferences Every year in September, delegates from around the world meet at the United
Nations in New York City for the opening of the regular session of the General
Assembly. For 10 days, representatives from 194 member-states attend meetings,
negotiate, and debate in order to address the most pressing issues of an increasingly
interdependent world. While this work begins in the fall, it continues throughout
the year in committee sessions and is carried out by blue-helmeted soldiers and aid
workers around the globe.
Model United Nations places students in the position of those General Assembly,
Security Council, and committee delegates. Through this experience, pairs of
students collaborate with their peers to create solutions for issues of global
significance. Rather than speak from their own perspective, students represent the position of assigned countries.
Negotiating with the other country delegations, often with conflicting values and interest, they work together in order to
create resolutions to address these issues.
Video Introduction
What might be the challenges that a delegate at the UN would face?
Why would countries want to work together at the UN?
Former Secretary General Kofi Annan said the following in 1997: “There is no alternative to the UN. It is still the last
great hope of humanity.”
What is meant by the statement ‘there is no alternative,’ why not?
Do you agree disagree? Why did Kofi Annan say this?
UN reviews counter terrorism strategy.
© UN Photo/Derva Berkowitz
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What happens at the U.N?
The Question: Should schools get rid of junk food in vending machines?
The Problem: A middle school is considering eliminating all “junk food” from the vending machines at the
school including: chips, sodas, cookies, candies and gum. They have plans to replace those items with foods
such as apples, granola snacks, and cheese sticks.
School food regulation has become a community debate because research shows that a high calorie diet leads to
health problems and may affect kids’ ability to concentrate in school. The school has held an open meeting to
decide what to do. Keep the following things in mind as you debate: Politicians get campaign money from the
soda companies, the potato chip companies give college scholarships to kids, and there is cheese factory in town
that employs many parents.
Once you have been given your position and biography, address these questions from your new perspective:
Why is this topic important for the school to address?
Why do you care about this topic?
What are your recommendations to the committee on how to best resolve the issue?
Phase 1: Roll Call
Use your name tag template on the next page to participate in the Roll Call
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Phase 2: Understanding the Issue and Presenting Positions
Vocabulary check:
Debate - presenting various sides of an argument or conflict
Delegate – a representative of a larger group
Caucus - a meeting of people who are on the same side of an issue
Moderated - formal, with organized steps or processes
Un-Moderated - informal, with the ability to choose where and when to conduct conversation
You will now be able to present your opinion on the school junk-food issue. Listen for other delegates who
might have the same opinions as you. When it’s your turn, use your notes from page 22 and:
1. Speak clearly and coherently 2. Speak on topic
3. Take notes while listening to others’ speeches so that you can refer to them in your own speech
Which other delegates have similar opinions as you? Write down their names to prepare for the next phase:
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Phase 3: Developing, Presenting, and Refining Resolutions
To some degree, this phase looks very similar (and thereby requires many of the same skills!) as phase two. The
major difference is that delegates are writing – as groups – during their un-moderated caucus. When a final
resolution is written, a sponsor presents this ‘working paper’ (what a draft resolution is formally called).
Sponsors then explain their resolution and take questions from the group.
Directions: Form groups with other delegates that have a similar view on the issue. Together you will use this template to create a draft resolution. You will then present these ideas to the larger body (class).
Sponsors*: __________________________________________________________________________
Signatories**: __________________________________________________________________________
The General Assembly,
(a) ______________________________________________________________________
_______________________________________________________________________,
(b) ______________________________________________________________________
_______________________________________________________________________,
(c) ______________________________________________________________________
_______________________________________________________________________,
PREAMBULATORY
CLAUSES:
State three reasons the
committee is
addressing the topic.
Begin each phrase
with a perambulatory
clause. Notice that
each clause ends with
a comma. Use the
examples on the next
page.
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1.______________________________________________________________________
_______________________________________________________________________;
2. ______________________________________________________________________
_______________________________________________________________________;
3. ______________________________________________________________________
_______________________________________________________________________.
PREAMBULATORY PHRASES: OPERATIVE PHRASES:
Being aware of… Declares…
Expressing… Encourages…
Expecting... Invites…
Observing that… Recommends…
Recognizing that… Suggests…
Regretting… Supports…
Stressing… Urges…
Phase 4: Voting
Remember that in reality, time would be given for more groups to name their positions and come up with
common values to arrive at compromise positions. In the interest of time we are mostly skipping that step to
move on to voting.
*Sponsors: Countries that help to actually write the draft resolution and WILL vote for it.
**Signatories: Countries that support discussion of the ideas in the resolution. They may or may NOT vote in
favor of it.
OPERATIVE
CLAUSES:
Identify three actions
proposed by the
sponsors. Begin each
phrase with an operative
clause. Notice that
operative clauses end in
a semi-colon. The last
clause ends in a period.
Use the examples on the
next page.
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SS.7.C.3.8/3.9 Page 29
Process and Lawmaking: State Level
What Goes In the Box?
Level Student Task
4
3 SS.7.C.3.8 Analyze the structure, functions, and processes of the legislative, executive, and judicial
branches
SS.7.C.3.9 Illustrate the lawmaking process at the local, state, and federal levels
2
1 With help from the teacher, the student has partial success with the content
After watching the video “3 Branches Superheroes” answer the following:
What are the 3 branches of government?
Name one power for each branch that you learned from the video:
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SS.7.C.3.8/3.9 Page 30
Who Represents Me?
Directions: Conduct research to determine who represents you and what they do at every level of government. Use the
following links to get started:
http://www.myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx?Address=&City=&Zip5=&
http://www.fl-counties.com/directory
Federal
Government
President Donald Trump
Write a summary sentence describing the main responsibility of this position:
Head of the executive branch of government, enforces the laws, heads the Cabinet and
Executive Departments, party leader, commander in chief, chief appointer, chief executive,
chief diplomat, chief of state.
U.S. Senate
1. Bill Nelson
2. Marco Rubio
Summary Sentence:
Shares/checks lawmaking responsibilities with the U.S. House of Representatives
U.S. House of
Representatives
Congressional District #_________
My Representative is:
______________________________________________
Summary Sentence:
Shares/checks lawmaking responsibilities with the U.S. Senate.
State
Government
Governor Rick Scott
Summary Sentence:
Chief executive of the state of Florida.
Florida State Senate
Florida Senate District #__________
My Florida Senator is:
____________________________________________
Summary Sentence:
Shares lawmaking responsibilities with the Florida House of Representatives.
Florida House of
Representatives
Florida House District #______________
My Florida Representative is:
http://www.myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx?Address=&City=&Zip5=&http://www.fl-counties.com/directory
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County
Government
The county I live in is: Pinellas
The county district I live in is: Pinellas
My representative from this district is: ______________________________
(Circle One)
The county I live in has a: County Commission County Council
Summary Sentence:
Some towns in Pinellas are unincorporated, which means they do not have a city
government so they fall under the jurisdiction of the County Commission and Sheriff’s
Office.
Municipal (City)
Government
The municipality I live in is: ______________________________________________
(Circle One)
My municipal government is called a: city town village
(Circle the options that best describe your city)
The city I live in has a: City Council City Commission
Mayor City Manager
The district I live in is: _____________________________________________
Summary Sentence:
The municipality is the smallest arm of the government but can be the most impactful as it
is right where we live.
School Board
The school district I live in is: Pinellas County Schools
The school board district I live in is: ________________________
The school board member for this district is: _____________________________
Summary Sentence:
The school board is charged with representing the community’s interests in education to
further the goals of the general population.
Adapted from Who Represents Me? Webquest from iCivics: http://www.icivics.org/web-quests/who-represents-me
http://www.icivics.org/web-quests/who-represents-me
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STATE & LOCAL GOVERNMENT
State Government
Legislative Branch
Executive Branch
Judicial Branch
Local Government
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How Laws Are Made in Florida’s Cities
In Florida, a city is recognized with certain rights and privileges, the most important being home rule. Home rule is self-
government by citizens at the local level. Every city is governed or run by a group of people who make and change laws.
These people run the city because the people in the city voted in an election to let them do so. The people elected to run
the city are usually called mayor, councilmember or commissioner.
The Florida Constitution recognizes that cities may enact their own laws, known as ordinances at the local level, as long
as they do not conflict with state or federal law. In order to propose and vote on ordinances, city councils and
commissions create a meeting schedule. Most councils or commissions meet monthly or bi-monthly. Although cities
throughout Florida are different, there are common procedures for proposing and passing ordinances, as outlined in the
Florida Statutes.
Proposed ordinances must be presented to the council or commission in writing.
A proposed ordinance can only be about one subject and that subject must be clear in the title of the proposed ordinance.
10 days prior to a vote on a proposed ordinance, a notice must be posted in a local newspaper that states the date, time, and place of the meeting at which the proposed ordinance will be voted on, the title of the
proposed ordinance, and a place where citizens can view the full text of the proposed ordinance. This
notice must also let citizens know that any interested or concerned citizens will have an opportunity to
be heard during the meeting.
During the meeting, only a majority of the city council or commission members are required to be present. This majority represents a quorum. In order for an ordinance to be passed, a majority of the
quorum must vote in favor of it.
Votes on the proposed ordinance are kept as official record.
Any ordinance becomes effective as outlined in the proposal or 10 days after the vote.
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3.8/3.9 Review Questions
What powers do the Florida governor and U.S. president have in common?
A. Deliver State of the Union address, four-year term, Commander-in-Chief, grant pardons
B. Six-year term, grant pardons, make treaties, Commander-in-Chief
C. Grant pardons, veto, deliver State of the Union address, six-year term
D. Veto, grant pardons, chief executive, four-year term
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The chart shows the structures of local, state, and national governments. Which choice best completes the
last box in Row 1?
A. Chief Justice
B. City Council
C. Representative
D. Senator
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
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Federalism
Explain how this image can help you understand the system of Federalism:
Level Student Task
4
3 SS.7.C.3.4 Identify the relationship and division of powers between the federal government and state
governments.
2
1 With help from the teacher, the student has partial success with the content
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SS.7.C.3.4 Page 38
Federalism
Explain how this image can help you understand the system of Federalism:
Term Definition Visual Representation
Federal
Government
the organization through
which political authority is
exercised at the national
level, government of the
United States
State
Government
the organization through
which political authority is
exercised at the state level,
government of a specific state
Local
Government
the governing body of a
municipality or county
Federalism is a system of government where power is divided and shared between the
federal (national) government, the state governments and the local governments.
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SS.7.C.3.4 Page 39
Confusing Terminology Explained
System of
Gov.
(multiple
levels)
Level of
Gov. FBI Police
People who
supported
the
ratification
of the
Constitution
Arguments
written to
support
ratifying the
Constitution
Central
banking
system of
the U.S.
Federalism X
Federal
Level X X
The Feds X X
The Fed X
Federalists X
Federalist
Papers X
The System of Federalism in the United States
Directions: Read the passage below. Draw a square around every “federal” word, a circle around “state” and a
squiggly line around “local” or “city.” Underline the powers that are given to each of those levels of government. When
you have finished reading, complete the graphic organizer above.
Federalism is found in the U.S. Constitution. In the Constitution, there are powers specifically listed for the
federal government and an amendment about state government powers. Powers set aside specifically for the
federal government are called enumerated or delegated powers. Powers for each branch of the federal
government are located in Articles I, II, and III. Powers for state governments are called reserved powers and
are listed in the Tenth Amendment. Some powers belong to both the federal and state governments. These
powers are called concurrent powers. Local governments get their powers from state constitutions. The Florida
Constitution outlines the organization and powers of county and city governments.
Federal
Government
_______________
Powers
Federal & State
Governments
_______________
Powers
State
Governments
_______________
Powers
Local
Governments
U.S. Constitution Which document?
________________
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SS.7.C.3.4 Page 40
Type of Power Definition Examples
Enumerated or
Delegated Powers
powers specifically listed in the
U.S. Constitution for the federal
(national) government only
1. The power to raise and support an army and navy. 2. The power to coin money. 3. The power to declare war. 4. The power to conduct foreign policy. 5. The power to regulate trade between states and
internationally.
Reserved Powers powers that are given to the states
by the Tenth Amendment to the
U.S. Constitution
1. The power to run elections. 2. The power to set up and run schools. 3. The power to establish local governments 4. The power to regulate business in the state.
Concurrent Powers powers shared by the federal
(national) and state governments
from the U.S. Constitution
1. The power to levy taxes (tax the people). 2. The power to establish courts. 3. The ability to borrow money.
Local Government
Powers
powers given to towns, cities and
counties by the Florida
Constitution
1. The power to create speed limits. 2. The power to protect citizens from crime. 3. The power to provide services related to garbage, sewage,
fire protection, and traffic control.
Your Turn: Define Federalism in your own words. ____________________________________
_____________________________________________________________________________
Who Has the Power?
Directions: Work in small groups to decide which level or levels (federal, state, or local) of government has the power to
deal with each of the questions on the list and what type of power they have to deal with the issue (enumerated/delegated,
reserved, concurrent or local). Write the level or levels and their associated power in the blank space underneath the
question. Be prepared to explain your answers to the class.
1. Who is going to keep people safe from speeding cars (speed limits)? Level __________________________
type of power _______________________________
2. Who is going to protect us from foreign invasion or threats? Level ________________________________
type of power _______________________________
3. There is a pothole in the street outside my house. Who should I talk to? Level _______________________
type of power _______________________________
4. A group of people want to establish a new city. Who should they talk to? Level ______________________
type of power _______________________________
5. Who decides who might get married legally? Level ____________________________________________
type of power _______________________________
6. Who resolves conflicts between states? Level _________________________________________________
type of power _______________________________
7. My garbage hasn’t been picked up in two weeks, who do I talk to about this issue? Level ______________
type of power_______________________________
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8. Who makes sure that the country’s economy is safe and stable? Level _____________________________
type of power ______________________________
9. My taxes keep going up! Who can I talk to about this? Level ____________________________________
type of power ______________________________
10. Who is in charge of passing laws around here? Level ___________________________________________
type of power ______________________________
Confederal v. Federal Review
Directions: Read the paragraphs and answer the question. As you read focus on how power shifted from the
state governments to the federal government as we moved from the Articles of Confederation to the U.S.
Constitution.
Before the U.S. Constitution, the United States had the Articles of Confederation and was organized
with a confederal system. A confederal system is a system of government where power is held by independent
states and there is little power in the federal (national) government. The U.S. Constitution was written because
of concerns about the weaknesses of the Articles of Confederation. The federal government had very little
power and the states acted as independent nations with too much power. Government power was unbalanced
and there was no sense of national unity (togetherness).
To solve these problems, the U.S. Constitution was written and the United States moved from a
confederal system to a system of federalism. The Founding Fathers had a big goal. They needed to limit state
power because states had too much power under the Articles of Confederation. They also needed to create a
federal government with limited power. As a solution, the Founding Fathers created a system of federalism.
This means that power is shared between the federal, state, and local governments. The federal government has
its own powers, shares some powers with the states, and gives states some of their own powers. By dividing
power between different levels, this limits the power of each level of government and one level of government
cannot become too powerful.
How does federalism limit government power? Highlight the relevant passages in the text that helped you
answer this question.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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3.4 Review Questions
Which is an example of a Tenth Amendment issue?
A. State governments oversee public school
B. State governments coin money
C. National governments make treaties
D. National governments declare war
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Requiring children to be vaccinated before entering school is an example of which power?
A. Concurrent
B. Delegated
C. Implied
D. Reserved
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
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SS.7.C.3.14 Page 43
.Government Obligations and Services
.Timeline of the Morning.
Directions: Complete a time line of eight activities you completed this morning before arriving at this class. For
each activity, list the time and a brief description. Leave the last column blank until you receive additional
instructions from your teacher.
Time Activity Government Involved (service provided)
6:00 a.m. Brushed teeth Local government (water management)
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
_________ ____________________ ___________________________________
Level Student Task
4
3 SS.7.C.3.14 Differentiate between local, state, and federal governments’ obligations and services
2
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Federal Powers
The Constitution assigns, or delegates, specific powers to the
federal government. There are three types of delegated powers,
and they are the only powers that the federal government holds.
Expressed powers are listed clearly in the Constitution. They
include the power to print money or declare war. Implied powers
are not written out clearly in the Constitution. Instead, the
Constitution gives the federal government the power to make laws
that are “necessary and proper” for carrying out the expressed
powers. For example, the Constitution expressly gives the federal
government the power to establish post offices, but it does not
expressly give the power to print postage stamps. Postage stamps
are a “necessary and proper” part of running a post office,
however, so the federal government has the power to print them.
Finally, inherent powers are not listed in the Constitution but are
necessary for the federal government to function. The Constitution
doesn’t talk about immigration or international relations, but the
government still has to act on these items. It is understood that the
federal government must play a role in these areas.
Reading p.2
Name: On the Level
Expressed:
Take a look at the Constitution… it’s
there!
Implied:
Think about the Constitution… it’s
necessary and
proper!
Inherent:
Consider what the Constitution was
trying to establish…
it’s essential!
Counties in the state of Illinois
Powers Reserved to the States
Concurrent
Powers
Powers Given by the Constitution
State Powers
The Constitution does not delegate any specific powers
to the states. There is no list of “state powers.” Instead,
any power the Constitution does not give to the federal
government is reserved to the states. The Constitution
does deny powers to the states, meaning there is a
listing of things that they can’t do. This may sound like the states don’t have much power, but reserved powers
are actually very broad. The Constitution says nothing
about many important powers, such as public safety,
health, education, licenses, and many other things! All of
these powers are reserved to the states. Some state
powers do overlap with the federal government, and
these are called concurrent powers.
Local Powers
The Constitution says nothing about local governments. That’s because the
principle of federalism created by the Constitution has only two levels: the
national and the state level. The power to create local governments is a power
reserved to the states. Local governments get their power from the state where they are located, and each state gives slightly different powers to its local
governments. Counties, cities, towns, townships, boroughs, and parishes are all
types of local government.
Usually, the state will make broad laws about things like public safety, health,
and education. Then it gives local governments the power to make more
detailed laws about these issues or to decide how these laws will be carried out.
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Federal, State, and Local Powers & Services
Directions: Learning new terms and concepts by determining their definition as they appear in the text in context is
an important skill. While reading, your task is to identify the key terms by marking the evidence that helps you
define the term and then summarizing the term.
By the end of this reading, you will be able to summarize the powers for each level of government.
I. Federal Government -
Federal Powers -
a. Delegated powers -
b. Expressed powers -
c. Implied powers -
d. Inherent powers -
Summary of Services -
II. State Government -
State Powers -
a. Reserved powers -
Summary of Services -
III. Concurrent Powers –
Examples:
IV. Local Government -
Local Powers -
Summary of Services –
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Excerpts from Article I, Section 8 of the U.S. Constitution: The Enumerated Powers of the Federal
Government
Directions: For each excerpt of Article I, Section 8, summarize the text in your own words.
What it says: What it means:
SECTION. 8. The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;
The power to set and raise taxes, tariffs and other
means of raising money for the federal government and
to give Congress the power to pay for necessary
expenses.
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout
the United States;
To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and
Measures;
To establish Post Offices and post Roads;
To constitute Tribunals inferior to the supreme Court;
To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy; To make Rules for the
Government and Regulation of the land and naval Forces;
To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the
Government of the United States, or in any Department
or Officer thereof.
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State & Local Government Functions & Services
The Florida state government has highest authority over local government affairs, as defined by the U.S. federal
system. Local governments, counties and cities, are subdivisions of the state government and may not pass laws
that conflict with state government laws.
State Government Functions & Services
1. Public safety – the FL Department of Law Enforcement provides a police force and the State Fire Marshal regulates fire codes
2. Provides health and financial services 3. Provides public education and grants teaching certificates 4. Assistance and safety management during natural disasters 5. Approves and authorizes business licenses 6. Regulates instate business 7. Regulates code enforcement 8. Oversees state transportation systems and growth plans 9. Creates safety regulations for utilities 10. Grants driver’s licenses 11. Provides a state court system 12. Can tax and borrow money
Local Government - County Functions & Services
1. Public safety – county sheriff and fire protection 2. Provides and maintains county jails 3. Regulates and maintains county roads 4. Provide a recycling program 5. Provides facilities for state courts and oversees county courts 6. Waste management and disposal 7. Animal control services 8. Manages voter registration and conduct elections 9. Issues marriage licenses 10. Issues vehicle registrations 11. Can tax and borrow money
Local Government - City Functions & Services
1. Public safety – has a police force, fire protection, and fire-prevention codes 2. Enforces building safety codes, electrical codes and zoning regulations 3. Regulates and maintains city roads 4. Provides utilities - water, sewage system, and trash collection 5. Provides parks and recreational services 6. May create a public transit system (buses, trains, etc.) and an airport 7. May create and manage libraries and cemeteries 8. Can tax and borrow money
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SS.7.C.3.14 Page 48
3.14 Review Questions
Which level of government regulates drivers’ licenses?
A. County
B. Federal
C. Local or municipal
D. State
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Which level of government provides the most services to citizens?
A. Federal
B. Local or municipal
C. Federal
D. State
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
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SS.7.C.3.13 Page 49
Comparing the U.S. and Florida Constitutions
An excerpt from Article IV of the U.S. Constitution:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.
Summarize this excerpt.
What does it mean to be “supreme”?
What is meant by “This Constitution…shall be the supreme Law of the Land”?
Level Student Task
4
3 SS.7.C.3.13 Compare the constitutions of the United States and Florida.
2
1 With help from the teacher, the student has partial success with the content
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Bringing it all together
How does the image below relate to what you have just learned?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
REVIEW: Amending the Constitution is a 2-step process
All 27
Amendments have
been proposed this
way!
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SS.7.C.3.13 Page 55
Amending the Florida Constitution
Method Name What it Means Illustration
Ballot
Initiative
Process:
According to Article XI, Section 3 of the Florida Constitution, a
committee must register with the Secretary of State. The committee must
collect a number of signatures equal to 8% of the votes cast in the most
recent presidential election from at least one-half of the congressional
districts in the state. Based on presidential voting in 2008, 676,811
signatures were required for amendments to be placed on the 2012 ballot
secured from voters residing in at least 14 congressional districts.
Constitutional
Convention:
Florida voters may call a constitutional convention by collecting a
number equal to 15% of those voting for president in the last presidential
election in Florida. At the next general election, provided that it takes
place at least 90 days later, Florida voters must approve, with a majority,
“Shall a constitutional convention be held?" in order to proceed with a
constitutional convention.
Constitutional
Revision
Commission:
Composed of 37 members, this commission meets every 20 years to
examine the state constitution and propose the amendments deemed
necessary. The commission last met in 1997-1998 and will next meet in
2017. Members of the Constitutional Revision Commission include:
1. The Attorney General
2. 15 members chosen by the Governor
3. 9 members chosen by the Speaker of the House
4. 9 members chosen by the Senate President
5. 3 members chosen by the Chief Justice of the Florida Supreme Court
Legislative
Joint
Resolution:
The Florida Legislature can pass a joint resolution supported by three-
fifths (60%) of the membership of each house of the legislature. The
proposed amendment will appear on the next general election ballot
provided that the next general election is at least 90 days later.
Taxation and
Budget
Reform
Commission:
This is a 22-member Commission that last met in 2007 and will meet
every 20th year thereafter.
Members of the Taxation and Budget Reform Commission include:
1. 11 members chosen by the Governor
2. 7 members chosen by the Speaker of the House
3. 7 members chosen by the Senate President
(Note: No voting member of the Taxation and Budget Reform
Commission may be a member of the state legislature at the time of
appointment)
4. 4 non-voting ex officio members who are members of the legislature
at the time of appointment two of which are chosen by the Speaker of the
House and two of which are chosen by the Senate President. One of the
Speaker’s and one of the Senate President’s selections must be a member
of the minority party in their chamber.
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SS.7.C.3.13 Page 56
3.13 Review Questions
Which statement describes a similarity between the Florida Constitution and the U.S. Constitution?
A. Neither protects individual rights
B. Both include an amendment process
C. Neither provides for a chief executive
D. Both include a nine-member Supreme Court
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The headline describes an action take by citizens. What conclusion can be drawn from the headline?
A. Only elected officials may change constitutions
B. Only elected officials make policy
C. Citizens can be involved in policy making through their representatives
D. Citizens can be directly involved in policy making
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
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Rights in the U.S. Constitution
Level Student Task
4
3 SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution.
2
1 With help from the teacher, the student has partial success with the content
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The United States Bill of Rights Guided Notes
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for
a redress of grievances.
____________________________________ _________________________________________
____________________________________ _________________________________________
____________________________________
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall
not be infringed.
__________________________________________________________________________________________________
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
__________________________________________________________________________________________________
Amendment IV (four)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Amendment V (five)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or
public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use, without just compensation.
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
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Amendment VI (six)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
____________________________________ _________________________________________
____________________________________
Amendment VII (seven)
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to
the rules of the common law.
_____________________________________________________________________________________
Amendment VIII (eight)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
_________________________________________ ________________________________________
Amendment IX (nine)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the
people.
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Amendment X (ten)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people.
__________________________________________________________________________________________________
Rights Listed in Amendments
The Bill of Rights, the first ten amendments to the U.S. Constitution, also lists many individual rights. The Bill of Rights
guarantees that the government will not interfere with these rights of the people. These rights can also be referred to as
freedoms. For example, you have the right to exercise the religion of your choice and you have the freedom from the
government establishing a religion.
Over time, other amendments have been added to the U.S. Constitution to reflect additional rights that must be guaranteed
to the people.
13th Amendment Right to not be a slave.
14th Amendment Right to citizenship of any person born or naturalized in the United States. Right to equal
protection of the national and state laws. Right to be free of any law that abridges the privileges or
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SS.7.C.2.4 Page 60
immunities of a citizen. Right to be free of any law that deprives a person of life, liberty, or
property without due process.
15th Amendment Right to vote extended to racial and ethnic minorities.
17th Amendment Right to vote for Senators.
19th Amendment Right to vote extended to women.
23rd Amendment Right to vote for presidential electors if a resident of Washington, D.C.
24th Amendment Right to vote without a poll tax.
26th Amendment Right to vote guaranteed for any citizen at least 18 years old.
Applying the Bill of Rights
Directions: For each scenario, write a complete sentence explaining which right has been violated in the scenario, then
name the constitutional amendment that protects the right.
1. Juanita lives near a factory that puts foul-smelling smoke in the air. Juanita and her neighbors call a meeting at Juanita’s house to discuss what they can do about the smoke. However, the police block the entrance to the home
and tell people that they do not have the right to hold a meeting.
Right violated: _________________________________________________________________________________
Amendment that protects the right: _________________________________________________________________
2. The government lacked money to support the nation’s military forces. To save money, General Pulp ordered that troops be placed in the homes of people living close to military bases. Midge lived next to an army base, and two
soldiers moved into her house, even though she did not want them there.
Right violated: _________________________________________________________________________________
Amendment that protects the right: _________________________________________________________________
3. Brendan is accused of armed robbery and given a trial. The jury finds Brendan not guilty. The next day the
prosecutor decides that the verdict was not correct, and he orders Brendan arrested and tried for the crime again.
Right violated: ________________________________________________________________________________
Amendment that protects the right: ________________________________________________________________
4. Mike is in his house watching television when two police officers knock at the door. They accuse Mike of having stolen property, enter the house, and take several things that they say do not belong to Mike. When he asks if the
police officers have permission to take his things, they just laugh and leave with the property.
Right violated: ________________________________________________________________________________
Amendment that protects the right: ________________________________________________________________
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2.4 Review Questions
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Which constitutional principal is applied when police inform suspects of their rights?
A. Due Process of law
B. Eminent Domain
C. Double Jeopardy
D. Trial by Jury
The image symbolizes a right protected by the Bill of Rights.
What constitutional right does this image symbolize?
A. Speedy trial
B. Trial by peers
C. Legal representation
D. Peaceable assemble
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The U.S. Constitution and Individual Rights
The United States Constitution: Limiting and Safeguarding Individual Rights
The Framers of the U.S. Constitution wanted to create a federal government that was effective and powerful, but one that
did not step on the rights of the individual or the powers of the states. By ensuring that the rights of individuals and the
powers of states would be protected, this created a system where the powers of the federal government also became
limited.
In Article 1, Section 9 of the U.S. Constitution, there are three key individual rights that are protected, or safeguarded:
The first is contained in this statement:
"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or
Invasion the public Safety may require it."
Habeas corpus is an important individual right. This statement in Article I, Section 9 means that an authority has to prove
to a court why it is holding someone. If the government cannot show why a person is being held in jail, that person must
be released.
The second and third are in this statement:
"No Bill of Attainder or ex post facto Law shall be passed."
A bill of attainder is a bill written to punish only one person or one group of people. An ex post facto law is one that
makes an act a crime after it has been committed.
1. Define the terms habeas corpus and ex post facto. Highlight the text that helps you define these terms.
Habeas Corpus:
Ex Post Facto:
2. Why do you think the Framers determined that these were important rights to include in the U.S.
Constitution?
Level Student Task
4
3 SS.7.C.2.5 Distinguish how the Constitution safeguards and limits individual rights.
2
1 With help from the teacher, the student has partial success with the content
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SS.7.C.2.5 Page 64
The Role of the Judicial Branch
The judicial branch plays an important role in how the U.S. Constitution is interpreted and the ways in which individual
rights are safeguarded (protected) and limited. The Framers of the U.S. Constitution designed an independent judiciary
where the judicial branch would have freedom from the executive and legislative branches. The U.S. Constitution
guaranteed that judges would serve “during good behavior” and would be protected from any decrease in their salaries.
Both of these features prevent the other two branches from removing judges or decreasing their salaries if they don’t like a
judge’s opinion or decision in a case. This gave the judicial branch the freedom to make decisions based on the law and
not based on pressure from the other two branches.
4. In a complete sentence, define the term independent judiciary. Highlight the text that helps you define this
term.
How can individual rights be limited?
In the Supreme Court case Schenck v. U.S. in 1919, the court created the “balancing test.” The balancing test focuses on
individual rights and the public interest and allows rights to be restricted, or limited, when the public interest in
threatened. The public interest is something that has common benefit to the community or public. Justice Oliver Wendell
Holmes stated in his opinion that “the most stringent [strict] protection of free speech would not protect a man in falsely
shouting fire in a theatre and causing a panic. […]”
5. What do you think was Justice Holmes’ rationale for stating that shouting “fire!” in a theatre would not be
covered by the First Amendment?
6. How does this limit on individual rights impact social behavior?
The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit individual rights, specifically
freedom of speech and freedom of the press. In general, there must be a balance of individual rights, the rights of others,
and the common good.
Listed below are additional criteria used to limit freedom of speech and freedom of the press.
Clear and Present Danger – Will this act of speech create a dangerous situation? Fighting Words – Will this act of speech create a violent situation? Libel – Is this information false or does it put true information in a context that makes it look misleading? Obscene Material – Is this material inappropriate for adults and children to see in public? Conflict with Government Interests – During times of war the government may limit speech due to national
security.
7. Choose two of the above criteria. What is the rationale for limiting rights in the situation?
8. What is the impact of limiting these rights on social behavior?
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SS.7.C.2.5 Page 65
First Amendment Cases
Tinker v. Des Moines Independent Community School District | 1968
John and Mary Beth Tinker attended public school in Des Moines, Iowa in 1965. Their school did not allow students to wear
armbands to protest the Vietnam War. However, the Tinkers decided to wear armbands to school anyway. The school
officials asked the Tinkers to remove their armbands, but the Tinkers refused. John and Mary Beth Tinker were suspended
from school until they agreed to remove the armbands.
The Tinkers sued the school district in the U.S. District Court. The Tinkers believed that the Des Moines school district
violated their right to free speech under the First Amendment to the U.S. Constitution. Even though the students were not
speaking with their voices, they believed that wearing armbands was like speaking. This is called symbolic speech.
The District Court sided with the school officials. The Court said that wearing the armbands could disrupt learning at the
school. Learning without disruption was more important than the free speech of the students.
The Tinkers appealed their case to the next level of courts, U.S. Court of Appeals for the Eighth Circuit: But the Circuit Court
agreed with the District Court. The Tinkers then appealed their case to the Supreme Court of the United States. The Court had
to answer this basic question: Does the constitutional right of free speech protect the symbolic speech of public school
students?
In 1968, the Supreme Court of the United States agreed to hear the case of Tinker v. Des Moines.
Hazelwood School District v. Kuhlmeier | 1987
The journalism class at Hazelwood East High School wrote articles and put them together for the school paper. They gave the
newspaper to their teacher, Howard Emerson. Mr. Emerson showed the newspaper to the principal. He asked the principal if it
was okay to make copies and hand them out to students at the school.
Principal Reynolds did not like what he read. First, there was an article about pregnant students. It described the students, but
it did not give their names. Principal Reynolds was afraid that students would be able to figure out who the pregnant students
were.
There was another article that Principal Reynolds did not like. This one talked about divorce. In it, one student said things
about her father. For example, she said that her father went out too much. She also said that her father didn't spend enough
time with his family. The father did not get a chance to tell his side of the story. Principal Reynolds thought this was unfair.
Principal Reynolds thought the paper needed to be changed. But it was almost the end of the school year. He was afraid that it
would take the class a long time to change it. If it took too long, the school year would be over and the other students would
not get the paper. So he told Mr. Emerson to remove the pages that had the articles about pregnancy and divorce. He said to
make copies of the rest of the paper.
The students were very angry. They had spent a lot of time writing the articles. They could have fixed them if Principal
Reynolds had given them a chance. Instead, he deleted two pages that also contained other articles. They felt that this was a
violation of their First Amendment rights. They went to the U.S. District Court. The court did not agree with them. It said that
school officials may limit students' speech in the school newspaper if their decision has "a substantial and reasonable basis." In
other words, if he has a good reason, it is okay for a principal to limit students' speech.
The students appealed the decision. The Court of Appeals reversed the decision of the U.S. District Court. This court said that
the school paper was a "public forum," or place where students could express their views. The judges said that the school
could not censor the paper except "to avoid . . . substantial interference with school work or discipline . . . or the rights of
others." They did not think that the articles about pregnancy would have interfered with schoolwork. They thought the articles
should have been printed.
The school appealed the decision of the Court of Appeals. The Supreme Court of the United States thought that this was an
important case. It dealt with the rights of students. It agreed to hear arguments from both sides.
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SS.7.C.2.5 Page 66
Discussion Questions: 1. Based on what we have read, we know that rights can be limited. Do you think this is the case at school? 2. Are different criteria used in a school setting regarding limiting rights?
Tinker v. Des Moines
3. Do you think that the school policy banning armbands was fair? Why or why not?
4. The Tinkers knew they would be suspended if they wore armbands to school. They decided to wear the armbands anyway. Why did they do this?
5. The First Amendment says "Congress shall make no law . . . abridging the freedom of speech." Do you think that actions, like wearing an armband to protest, are the same as speech? Why or why not?
Hazelwood v. Kuhlmeier
6. In the article about the pregnant students, what was Principal Reynolds worried about?
7. What did Principal Reynolds say was wrong with the article about divorce?
8. What did Principal Reynolds do to fix the problem? Did he have any other choices?
9. What rights did the students say had been violated?
10. Do you think a principal should be allowed to limit what is said in a school newspaper? Why or why not?
In Conclusion
11. How do you think the Supreme Court ruled in these cases? 12. What do you think is the best argument for Tinker and for Kuhlmeier? 13. What do you think is the best argument for Des Moines and Hazelwood?
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SS.7.C.2.5 Page 67
2.5 Review Questions
Below is a statement from Chief Justice John Roberts.
“…students do not shed their First Amendment rights at the school house gate.” Source: Morse v. Frederick (2007)
Why is this statement significant?
A. The Constitution limits individual rights
B. The Constitution does not limit individual rights
C. The Constitution safeguards individual rights
D. The Constitution does not safeguard individual rights
1. Underline at least two key terms from the question or answer choices that help you answer the question.
2. What is the question asking you to do? □ Identify details in the question □ Recall facts □ Make a connection between ideas
□ Analyze or evaluate information or graphics
3. Eliminate two incorrect answer choices and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how y