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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.
- Examine the processes of the legislative, executive, and judicial branches of government.
- Compare local, state, and federal lawmakers.
- Distinguish among ordinances, statutes, and acts on the local, state, and federal levels.
- 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.
- Define the system of federalism.
- Analyze how federalism limits government power.
- Compare concurrent powers, enumerated powers, reserved powers, and delegated powers as
they relate to state and federal government.
- Analyze the issues related to the Tenth Amendment of the U.S. Constitution.
C.3.14 Differentiate between local, state, and federal governments obligations and
services.
- Evaluate scenarios in order to determine which level of government provides specific services.
- Classify government services according to level of government in order to evaluate the role
that each plays in their lives.
- Compare the obligations/powers of governments at each level.
- Compare the reserved, concurrent and expressed/enumerated powers of government.
C.3.13 Compare the constitutions of the United States and Florida.
- Identify the purposes of a constitution.
- Recognize the basic outline of the U.S. and Florida constitutions.
- Compare the amendment process of the U.S. and Florida constitutions.
- Recognize the U.S. Constitution as the supreme law of the land.
C.3.5 Explain the constitutional amendment process.
- Recognize the methods used to propose and ratify amendments to the U.S. Constitution.
- Identify the correct sequence of each amendment process.
- Identify the importance of a formal amendment process.
- Recognize the significance of the difficulty of formally amending the U.S. Constitution.
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.
- Recognize the rights outlined in these amendments.
- Evaluate the impact these amendments have had on various social movements.
- Analyze historical scenarios to examine how these amendments have affected participation in
the political processes.
- Recognize how the amendments were developed to address previous civil rights violations,
C.3.10 Identify sources and types (civil, criminal, constitutional, military) of law.
- Use examples of historical law codes to identify how laws originated and developed in Western
society.
- Recognize constitutional, statutory, case, and common law as sources of law.
- Compare civil, criminal, constitutional, and/or military law.
Page 1
C.3.11, C.2.6 Diagram the levels, functions, and powers of courts at the state and
federal levels. Simulate the trial process and the role of juries in the administration of
justice.
- Distinguish between the levels, functions, and powers of courts at the state and federal levels.
- Recognize that the powers and jurisdiction of the state and federal courts are derived from
their respective constitutions.
- Compare appellate and trial processes.
- Examine the significance of the role of juries in the American legal system.
C.2.5 Distinguish how the Constitution safeguards and limits individual rights.
- Recognize that rights are protected, but not unlimited.
- Examine rationales for limited individual rights.
- Use scenarios to examine the impact of limits on individual rights on social behavior.
- 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.
- Recognize how individual rights shape involvement in the social, political, and economic
systems.
- Recognize how the social, political, and economic systems in the United States are dependent
upon individual rights.
- Use scenarios to recognize and/or evaluate options for exercising constitutional rights.
- Evaluate the impact of the government upholding and/or restricting individual constitutional
rights.
C.3.12 Analyze the significance and outcomes of landmark Supreme Court Cases.
- Use primary sources to assess the significance of these U.S. Supreme Court cases.
- Evaluate how these U.S. Supreme Court cases have had an impact on society.
- Recognize and/or apply constitutional principles and/or rights in relation to the relevant U.S.
Supreme Court decisions.
C.3.1 Compare different forms of government (direct democracy, representative
democracy, socialism, communism, monarchy, oligarchy, and autocracy).
- Identify different forms of government based on its political philosophy or organizational
structure.
- Analyze scenarios describing various forms of government.
- Apply their understanding of the definitions of the various forms of government.
C.3.2 Compare parliamentary, federal, confederal, and unitary systems of government.
- Define parliamentary, federal, confederal, and unitary systems of government.
- Compare the organizational structures of systems of government.
- Recognize examples of these systems of government.
- Analyze scenarios describing various systems of government.
Page 2
10
.Review Questions.
Which action formally accuses a government official of wrongdoing?
A. Filibuster
B. Impeach
C. Override
D. Pardon
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The table below describes presidential vetoes. Based on the table, how has the legislative
process been impacted by presidential vetoes?
A. The presidents views are not reflected in
public policy.
B. The presidents views are reflected in public
Policy.
C. Congress represents the will of the people.
D. Congress represents the will of the states.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
.Federalism.
Overview
In this lesson, students will be introduced to the concept of federalism by reading text,
examining the U.S. Constitution and applying their understanding to various examples and
scenarios.
Essential Questions
What is federalism? How is power divided between the federal and state governments?
Learning Goal / NGSSS Benchmark
SS.7.C.3.4 Identify the relationship and division of powers between the federal government and
state governments.
Learning Targets / Benchmark Clarifications
- Define the system of federalism.
- Analyze how federalism limits government power.
- Compare concurrent powers, enumerated powers, reserved powers, and delegated powers as
they relate to state and federal government.
- Analyze the issues related to the Tenth Amendment of the U.S. Constitution.
Term
Federal
Government
Definition
Visual Representation
The organization
through which political
authority is exercised at
the national level, the
government of the
United States
My country:
State
Government
The organization
through which political
authority is exercised at
the state level, the
government of a
specific state
My state:
The governing body of a
municipality or county
Local
Government
My county:
My municipality:
C.3.4 Page 7
Power
Enumerated (listed)
or Delegated
(given) Powers
Definition
Powers specifically listed in the
U.S. Constitution for the
federal (national) government
only
Reserved Powers
Concurrent Powers
Local Government
Powers
Examples
1. To raise and support an army and
navy
2. To coin money
3. To declare war
4. To conduct foreign policy
5. To regulate trade between states
and internationally
1. To run elections
2. To set up and run schools
3. To establish local governments
4. To regulate business in the state
1. To levy taxes (tax the people)
2. To establish courts
3. To borrow money
1. To create speed limits
2. To protect citizens from crime
3. To provide services related to
garbage, sewage, fire protection,
and traffic control
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.
The powers of each level of government relates to the types of issues each level deals with. The
federal government has the power to handle issues the entire nation is concerned about. The
state governments have the power to handle issues that concern citizens of particular states.
Similarly, local governments have the power to address issues that concern citizens in towns,
cities and counties.
Define federalism:
C.3.4 Page 8
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.
Level
limits)?
2. Who is going to protect us from foreign invasion or threats?
3. There is a pothole in the street outside my house. Who should I
talk to?
4. A group wants to establish a new city. Who should they talk to?
5. Who decides who might get married legally?
6. Who resolves conflicts between states?
7. My garbage hasnt been picked up in two weeks, who do I talk
to?
8. Who makes sure that the countrys economy is safe and stable?
9. My taxes keep going up! Who can I talk to about this?
10. Who is in charge of passing laws around here?
C.3.4 Page 9
Power
.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. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Concurrent
Delegated
Implied
Reserved
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.4 Page 11
Federal Government
State Government
Responsibility :
Florida Senate District #__________
Florida State Senate
My Florida Senator is:
Responsibility :
Florida House of Representatives
Responsibility :
School Board
County Government
The
county
I
live
in
is:
The
county
district
I
live
in
is:
My
representative
from
this
district
is:
The
county
I
live
in
has
a:
County
Commission
County
Council
Summary
Sentence:
The
municipality
I
live
in
is:
My
municipal
government
is
called
a:
city
town
village
The
city
I
live
in
has
a:
City
Council
City
Commission
Mayor
City
Manager
The
district
I
live
in
is:
Summary
Sentence:
The
school
district
I
live
in
is:
The
school
board
district
I
live
in
is:
The
school
board
member
for
this
district
is:
Summary
Sentence:
Adapted
from
Who
Represents
Me?
Webquest
from
iCivics:
http://www.icivics.org/web-quests/who-represents-me
Name:
Youve already learned about the United States Constitution. But did you
know that states have constitutions too? Each states constitution is
structured a little bit differently, but most of them are a lot like the U.S.
Constitution. Typically, they divide the state government into three
branches: legislative, executive, and judicial. In this lesson, you will
examine the most common layout of state governments.
Bicameral Legislature
Senate
House of
Representa ves
Courts of
Superior
e Cou
rt
Appeals
Courts
ON
RD
PA
Reading, p1
Name:
Legislator
Passing a Bill
In states with a bicameral legislature, the process is very similar to
that of the U.S. Congress. First, a legislator introduces a bill in the
state House of Representatives. The bill then goes to a committeea
small group of legislators that study bills that relate to a certain topic.
The bill might be assigned to a subcommitteean even smaller group
that focused on a narrower topic. The subcommittee will research and
study the bill, revise it, and send it back to the committee. After the
committee approves the bill, the entire House of Representatives votes
on it. If the bill passes, it goes to the other house of the legislature
and follows the same process. If it is passed by both houses,
legislators come together in a conference committee (a committee
that includes members of both houses) to work out the differences.
Legislature
Governor
Governor
From a Bill to a Law
Once the conference committee is done with their work and both
houses have approved the final product, it heads to the governor. The
governor has two options: sign the bill into law, or keep the bill from
becoming law by exercising the power to veto!
Reading, p2
Name:
The Legislative Process It takes many steps to get from a bill introduced on the floor to the desk of
the governor. Lets pretend that a bill is going to start in the House of Representatives. Fill in the blanks
to follow the bill all the way to the governor. (And remember the same process can happen when a bill is
introduced in the Senate!)
House of Representatives
Senate
A _____________________ introduces a
bill to the floor of the House of
Representatives.
A _____________________ introduces a
bill to the floor of the Senate.
The ________________________
approves the revised bill.
The ________________________
approves the revised bill.
VETO?
Governor
APPROVE?
Graphic Organizer, p2
A proposed ordinance can only be about one subject and that subject must be
clear in the title of the proposed ordinance.
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.
Any ordinance becomes effective as outlined in the proposal or 10 days after the
vote.
.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. Write 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?
3. Eliminate one incorrect answer choice 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.
B.
C.
D.
Chief Justice
City Council
Representative
Senator
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
What conclusion can you draw about government services based on your timeline?
Had you ever considered the governments role in your daily activities? Why?
Do you think the government should have a role in the everyday tasks we complete?
C.3.14 Page 21
On the Level
Name:
Federal Powers
Expressed:
The Constitution assigns, or delegates, specific powers to the
Take a look at the
federal government. There are three types of delegated powers,
Constitution its
and they are the only powers that the federal government holds.
there!
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
Implied:
that are necessary and proper for carrying out the expressed
Think about the
powers. For example, the Constitution expressly gives the federal
Constitution
its
government the power to establish post offices, but it does not
necessary
and
expressly give the power to print postage stamps. Postage stamps
proper!
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
Inherent:
necessary for the federal government to function. The Constitution
Consider what the
doesnt talk about immigration or international relations, but the
Constitution was
government still has to act on these items. It is understood that the
trying
to establish
federal government must play a role in these areas.
its essential!
State Powers
Powers Given by
the Constitution
Concurrent
Powers
Powers Reserved
to the States
Local Powers
The Constitution says nothing about local governments. Thats 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.
Counties in the state of Illinois
Reading p.2
C.3.14 Page 22
Federal
government
Delegated
powers
Expressed
powers
Implies
powers
Inherent
powers
State
government
Reserved
powers
Summary
of
state
services
Concurrent
powers
Summary
of
federal
and
state
services
Local
government
Local
powers
Summary
of
local
services
C.3.14 Page 23
C.3.14 Page 24
.Review Questions.
Which level of government regulates drivers licenses?
A. County
B. Federal
C. Local or municipal
D. State
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Federal
Local or municipal
Federal
State
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.14 Page 25
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 is meant by This Constitution shall be the supreme Law of the Land?
C.3.13 Page 27
Comparative Constitutions
Name:
Activity: Compare the Preamble of the U.S. Constitution with the Preamble of
the Florida Constitution. Box the parts that are the same in both documents.
Government Rules!
Just as the U.S. Constitution gives the rules for how the U.S.
government should run, state constitutions give rules for how
a state government should run. Like the U.S. Constitution,
state constitutions describe the branches of government that
the state will have. Often these branches are very similar, but
if you take a closer look you will find differences.
Comparative Constitutions
Name:
C.3.13 Page 29
Comparative Constitutions
Name:
Activity: To see how a state constitution might offer similar yet different rights than the U.S. Constitution,
compare the U.S. Constitution with parts of the Florida Constitution. Underline the main difference in
Floridas constitution (dont get too nitpicky), then check the statement that best describes the difference.
EXPLAIN THE DIFFERENCE:
The right being discussed is
equality before the ________.
Floridas constitution gives
more protection
the same protection.
The U.S. Constitution talks about
the right to ________, while the
Florida constitution talks about
________ right.
The Florida constitution gives
more protection
the same protection.
Does the U.S. Constitution
mention a minimum wage?
Yes
No
The right being discussed is
freedom of ____________ and of
the _____________.
Both constitutions forbid passing
________ that limit these rights.
The Florida constitution says
people cant __________ these
rights.
The right being discussed is the
right to _______________.
Floridas constitution allows the
state to limit
the right to bear arms.
how people bear arms.
Does the U.S. Constitution
mention fishing nets?
Yes
No
Keep going on the next page!
C.3.13 Page 30
Comparative Constitutions
Name:
No
No
No
C.3.13 Page 31
Description
C.3.13 Page 32
Illustration
.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. Write 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?
3. Eliminate one incorrect answer choice 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?
C.3.13 Page 33
Political Cartoon
What do you see in
this image?
What does it
symbolize?
Video
What do you see in the
video?
What does is
symbolize?
C.3.5 Page 35
One method of amending the Constitution is for 2/3 of each house to pass a proposed
amendment and send it to the states legislatures. It takes 3/4 (38) states approval of the
amendment in order for it to be added to the Constitution.
We the People do not directly vote on new amendments, and the President does not vote on
or veto any amendment.
Another method for amending the Constitution is a Constitutional Convention to be called for by
2/3 (33) of the state legislatures. At such a convention, one or more amendments can be
proposed and then sent to the state legislatures (or state conventions) for approval again, 3/4
of the state legislatures must approve. (This method has not been used successfully).
Source: http://const4kids.forums.commonground13.us/ as amended.
Complete the graphic organizer to show the two ways to amend the U.S. Constitution.
Method 1
Amendment is proposed
Method 2
Amendment is proposed
Who votes?
Number required?
Who votes?
Number required?
Who votes?
Number required?
Who votes?
Number required?
C.3.5 Page 36
.Review Questions.
Which government institution may vote on constitutional amendments?
A. Bureaucracy
B. Executive
C. Judicial
D. Legislative
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The newspaper headline describes an event in U.S. history. Based on the headline, what
happened before the event presented in the image?
A.
B.
C.
D.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.5 Page 37
Who do you think this person
represents?
C.3.7 Page 39
Date
1788
1865
13th Amendment
Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their
jurisdiction.
1868
14th Amendment
Section 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No state shall make or
enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny any
person within its jurisdiction the equal protection of the laws.
1870
1920
Impact
The Equal Rights Amendment was introduced shortly after the passing of the 19th
Amendment. Some believed that freedom from legal sex discrimination required an
Equal Rights Amendment, however this proposed amendment has not been
successfully ratified.
1924
C.3.7 Page 40
1964
1965
24th Amendment
SECTION. 1. The right of citizens of the United States to vote in
any primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay poll tax or
other tax.
Civil Rights Act of 1964 prohibited discrimination, or unfair treatment, of all kinds of
people based on race, color, religion, or national origin. The act outlawed segregation in
businesses such as theaters, restaurants, and hotels. It banned discriminatory practices
in employment and ended segregation in public places such as swimming pools,
libraries, and public schools. The law also provided the federal government with the
powers to enforce desegregation. The Civil Rights Act of 1964 made it illegal to apply
unequal voter registration requirements but did not get rid of literacy tests.
The Voting Rights Act of 1965 banned race discrimination in voting practices by federal,
state, and local governments.
1968
The Civil Rights Act of 1968, also known as the Fair Housing Act, prohibited
discrimination related to the sale, rental and financing of housing based on race, religion,
national origin and sex.
1971
26th Amendment
SECTION. 1. The right of citizens of the United States, who are
eighteen years of age or older, to vote shall not be denied or
abridged by the United States or by any State on account of age.
C.3.7 Page 41
.Review Questions.
How did the passage of the Voting Rights Act of 1965 impact political participation?
A. All persons who passed a literacy test could now vote
B. All children of foreign citizens could now vote
C. All African-Americans could now vote
D. All women could now vote
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The graph describes voter registration in Florida among black and white Americans. Based on
the graph, what conclusions can be drawn about voter turnout in Florida since the Voting Rights
Act of 1965 was passed?
A.
B.
C.
D.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.7 Page 43
.Historical Sources.
Code of Hammurabi
2. What is the connection between the Code of Hammurabi and the U.S. Constitution?
Magna Carta
1. "No freeman shall be taken, imprisoned, nor will We proceed against or prosecute
him, except by the lawful judgment of his peers and by the law of the land."
Summary statement:
C.3.10 Page 45
C.3.10 Page 46
C.3.10 Page 47
C.3.10 Page 48
C.3.10 Page 49
.Review Questions.
The table below lists examples of laws. Which list represents military law?
A. Category A
B. Category B
C. Category C
D. Category D
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
The passage below is from a U.S. Supreme Court opinion announcement. According to the
passage, which action did the U.S. Supreme Court find constitutional?
In 1989 the court held in Stanford versus Kentucky that the Constitution allows states to impose
the death penalty on an offender who is 16 or 17 years old when he committed the crime. In the
interpretation of its terms we have established the necessity of standards of decency that
mark the progress of a maturing society. Eighth and Fourteenth Amendments forbid imposition
of the death penalty on offenders who are under the age of 18 when their crimes were
committed.
Source: Roper v. Simmons (2005)
A.
B.
C.
D.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.10 Page 51
ARTICLE III
SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court,
and in such inferior Courts as the Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,
and shall, at stated Times, receive for their Services, a Compensation, which shall not be
diminished during their Continuance in Office.
Summarize this excerpt of the Constitution in four sentences:
1.
2.
3.
4.
Read to find the definitions of the following terms. Highlight in the text and record a
definition using evidence from the text.
appeal
Chief Justice
federalism
FL Circuit Courts
FL County Courts
FL District Court of Appeals
FL Supreme Court
judicial review
jurisdiction
justices
original jurisdiction
U.S. Circuit Courts of Appeal
U.S. District Courts
U.S. Supreme Court
writ of certiorari
C.3.11/2.6 Page 53
Introduction
The U.S. Constitution created a government system for the United States known as federalism.
Federalism is the sharing of powers between the national government and the state
governments. The Constitution gives certain powers to the federal government and reserves the
rest for the states. Both the federal and state governments need their own court systems to
apply and interpret their laws.
In both the federal and state constitutions the jurisdiction, or right and power for courts to
interpret and apply the law, of each court system is outlined. The federal court system deals
with issues of law relating to the powers granted to it by the U.S. Constitution. The state court
systems deal with issues of law relating to those matters that the U.S. Constitution did not give
to the federal government and are outlined in their own state constitution. Within the federal and
state courts systems, certain courts have the power to be the first to hear a case on a specific
topic. This is known as original jurisdiction. For example, the U.S. Supreme Court has original
jurisdiction when there is a conflict between two states, between the president and Congress, or
cases where a state is a party.
federalism
jurisdiction
original jurisdiction
There are 13 U.S. Circuit Courts of Appeal in the United States. These courts are divided into
12 regional circuits and are located in various cities throughout the country. With the exception
of criminal cases in which a defendant is found not guilty, any party who is dissatisfied with the
judgment of a U.S. District Court may appeal to the U.S. Circuit Court of Appeal in his/her
district. An appeal is a request, made after a trial, asking another court to decide whether or not
a mistake in the law was made or if the trial was conducted improperly. When hearing cases,
these courts usually sit in panels of three judges.
U.S. Circuit Courts of Appeal
appeal
C.3.11/2.6 Page 54
The Supreme Court of the United States sits at the top of the federal court system. It is made up
of nine judges, known as justices, and is led by the Chief Justice. The Chief Justice is first
among equals meaning that he is the lead justice but he only has one vote, just like the other
justices. The U.S. Supreme Court is located in Washington, D.C. Parties who are not satisfied
with the decision of a U.S. Circuit Court of Appeal (or, in rare cases, of a U.S. District Court) or a
state supreme court can petition, or request, the U.S. Supreme Court to hear their case. This is
done mainly by a procedure known as a Petition for a Writ of Certiorari (cert.). The Court
reviews these petitions and decides whether to accept such cases. Each year, the Court
accepts between 75-80 of the some 10,000 cases it is asked to hear for argument. The
Supreme Court also has the power of judicial review. This means that the Court can determine if
an action by the other two federal branches (executive and legislative) are unconstitutional.
U.S. Supreme Court
justice
Chief Justice
writ of certiorari
judicial review
The Florida Constitution provides that a circuit court shall be established to serve each judicial
circuit established by the Florida Legislature. There are twenty circuits in the state. The majority
of jury trials in Florida begin at this level. One judge and a jury hear the trials that take place at
the circuit court level. Typically, the circuit courts have jurisdiction over cases not assigned to
the county courts. They also hear appeals from county court cases. This makes the circuit
courts the highest trial courts and the lowest appellate courts in Florida's judicial system.
FL Circuit Courts
C.3.11/2.6 Page 55
In Florida, the courts that are in between the circuit court and the highest court of the state are
the District Courts of Appeal. The Florida Constitution provides that the Florida Legislature shall
divide the state into appellate court districts and that there shall be a district court of appeal
(DCA) serving each circuit court district. The state is divided into five districts for the District
Courts of Appeal. These courts are located in Tallahassee, Lakeland, Miami, West Palm Beach,
and Daytona Beach. The majority of appeals are never heard by the Florida Supreme Court.
Instead they are reviewed by three-judge panels at the District Courts of Appeal.
In general, decisions of the District Courts of Appeal represent the final appeal for cases. A
person who is unhappy with a district court's decision may ask for review in the Florida Supreme
Court and then in the United States Supreme Court, but neither court is required to accept the
case for further review. Most are denied.
District Courts of Appeal
The highest court in Florida is the Florida Supreme Court, which is composed of seven justices.
At least five justices must participate in every case and at least four must agree for a decision to
be reached. The Court's official headquarters is the Supreme Court Building in Tallahassee. By
a majority vote of the justices, one of the justices is elected to serve as Chief Justice, an office
that is rotated every two years. The Chief Justice leads all events of the Court.
The jurisdiction of the Florida Supreme Court is outlined in the Florida Constitution with some
flexibility so that the state Legislature can add or take away categories of cases. The Florida
Supreme Court must review orders involving death sentences, district court decisions stating
that a statute of the Florida Constitution illegal, and actions of the Public Service Commission
having to do with utility rates and services. In addition to these required activities, the Florida
Supreme Court can choose to review certain appeals from the District Courts of Appeal.
FL Supreme Court
Reading adapted from: http://www.flcourts.org/, http://www.floridasupremecourt.org/pub_info/system2.shtml, and
http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx
C.3.11/2.6 Page 56
.Review Questions.
The passage below describes a dispute between two neighbors.
Lizs 16-year-old daughter backed into Dougs car while it was parked in front of his house. Doug sued
Liz for $1500 to cover the cost of repairing the car.
The graph below describes appeals filed by type of appeal in the U.S. Courts of Appeals, 19902010. Based on the graph, what conclusion can be drawn about court cases in the U.S.?
A.
B.
C.
D.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.11/2.6 Page 57
Do you think that they should be unlimited, or are there situations where rights should be
limited? Describe one.
C.2.5 Page 59
Ex post facto:
2. Why do you think the Framers determined that these were important rights to include in the
U.S. Constitution?
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. []
4. What do you think was Justice Holmes rationale for stating that shouting fire! in a theatre
would not be covered by the First Amendment?
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
6. Choose two of the above criteria. What is the rationale for limiting rights in the situation?
C.2.5 Page 61
.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)
The timeline below shows events related to the death penalty. What constitutional protections
have resulted from these events?
A. Constitutional protections
from cruel and unusual
punishment are safeguarded
while executions continue
B. Constitutional protections
from cruel and unusual
punishment are limited while
executions continue
C. Constitutional protections of due process of law are safeguarded while executions continue
D. Constitutional protections of due process of law are limited while executions continue
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.2.5 Page 63
.Presentation Guidelines.
Use this checklist to make sure you have included all of the required information for your
presentation.
What is the story in your case study? Tell us about the main events and
characters, when and where the events took place, etc.
What are the civics content vocabulary terms for the case study? How are they
related to the case?
How was the judicial branch of government involved in the case?
What is the main constitutional right that your case study focuses on?
What is the conflict in the case study?
How does your case study illustrate the difficulty of balancing individual rights and
the needs of society?
Why is the individual right that your case focuses on important to a democratic
society?
Why are there some limits on the right that your case focuses on?
C.3.6 Page 65
.Review Questions.
How do citizens experience economic freedom?
A. Petitioning the government
B. Electing representatives
C. Exercising a religion
D. Owning property
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Summary judgment
Quartering soldiers
Civil disobedience
Double jeopardy
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.6 Page 67
C.3.12 Page 69
Essential Question
of Case
Constitutional
Principle(s)
Marbury v.
Madison
(1803)
Plessy v.
Ferguson
(1896)
Is Louisiana's law
requiring racial
segregation on its
trains an
unconstitutional
violation of the equal
protection clause?
Brown v.
Board of
Education
(1954)
Does the
segregation of
children in public
schools only on the
basis of race deny
the minority children
of the equal
protection of the
laws?
Gideon v.
Wainwright
(1963)
Miranda v.
Arizona
(1966)
C.3.12 Page 70
Outcome /
Decision
Impact / Why is
this a landmark?
Case
Essential Question
of Case
In re Gault
(1966)
Were the
procedures used to
commit [arrest] Gault
constitutional under
the due process
clause?
Tinker v.
Des
Moines
(1968)
U.S. v.
Nixon
(1974)
Is the President's
right to protect
certain information,
using his "executive
privilege" power,
completely protected
from judicial review?
Hazelwood
v.
Kuhlmeier
(1987)
Bush v.
Gore
(2000)
Do manual recounts,
without consistent
standards, violate
the Equal Protection
and Due Process
clauses of the
Constitution?
District of
Columbia
v. Heller
(2007)
Do sections of the
District of Columbia
Code violate the
Second
Amendment?
Constitutional
Principle(s)
C.3.12 Page 71
Outcome /
Decision
Impact / Why is
this a landmark?
.Review Questions.
Which principle was the focus of the U.S. Supreme Court decision in Miranda v. Arizona
(1966)?
A. Freedom of expression
B. Freedom of speech
C. Self-incrimination
D. Right to counsel
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
Juveniles accused of crimes continue to be afforded many of the same due process rights as
adults as a result of which U.S. Supreme Court case?
A.
B.
C.
D.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.12 Page 73
Term
Definition
Anarchy
C.3.1 Page 75
C.3.1 Page 76
Rule by few
Rule by one
Rule by
representative
Rule by none
Controlled by
citizens
Rule by a god or
higher power
Power usually
inherited
Elected leaders
Constitutional
government
People have a say
Describe communism.
Describe socialism.
C.3.1 Page 77
Anarchy
Oligarchy
Theocracy
Dictatorship
Monarchy
Representative
democracy
Direct
democracy
After reading the text, complete the chart by marking the features that describe each form of
government.
.Review Questions.
The scenario below describes a government decision. Based on the scenario, which form of
government is taking action?
A self-appointed council amends the countrys constitution.
A. Dictatorship
B. Monarchy
C. Oligarchy
D. Republic
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.1 Page 79
.Systems of Government.
Overview
In this lesson, students will determine the key features of four systems of government.
Essential Questions
How is power distributed in different systems of government?
Learning Goal / NGSSS Benchmark
SS.7.C.3.2 Compare parliamentary, federal, confederal, and unitary systems of government.
Learning Targets / Benchmark Clarifications
- Define parliamentary, federal, confederal, and unitary systems of government.
- Compare the organizational structures of systems of government.
- Recognize examples of these systems of government.
- Analyze scenarios describing various systems of government.
Definition
Parliamentary
Confederal
Federal
Unitary
C.3.2 Page 81
Visual
Distribution of Power.
Effective government in any form requires a method for distributing authority, or power, within
the country.
Unitary Systems In countries with a relatively homogeneous, or similar, population and with a
common tradition, language, and sense of national history, the central governments may not be
federal but unitary - that is, they may retain most of the power at the center. In unitary countries
the national government performs all the governmental functions. Local governments within this
system administer matters within their jurisdiction, or area, but their powers are determined and
delegated, or assigned, by the national government. The national government retains the ability
to tax and major lawmaking powers rest almost entirely with the national government.
Federal Systems The larger and more diverse a country is, there is often a tendency for the
country to have a federal system in which power is "layered" or distributed among different
levels. The United States is an example of governments with a federal system. The central
government is led by a president and there are also state governments. In the United States, for
example, state governments are lead by governors. The state legislatures pass laws having to
do with state affairs; state administrators carry them out; and state judiciaries interpret them.
Federal systems also include autonomous, or independent, local governments such as county
governments and municipal governments - in cities, boroughs, townships, and villages. The
citizens in each jurisdiction elect many of the public officials. In addition, certain special districts
exist with a single function, such as education, and have their own elected officials.
Parliamentary Systems In countries where the power of government lies with the legislative
body and the leader of the country is part of the legislature, the citizens elect political leaders
indirectly through political parties. In these types of elections, citizens express their party
preference, and the party chooses who will represent that party in the government. In
parliamentary systems, the percentage of the vote received by any party determines whether,
and how much, representation that party will have in the legislature. In Israel, for example, any
political party that earns at least 2% of the vote will earn at least one seat in Israels national
legislature (the Knesset). Some parliamentary systems elect their prime minister (head of
government) through election by the legislature whereas other parliamentary systems employ
direct election of the prime minister.
Confederal System Loosely allied independent states sometimes join together to create a
type of central government known as a confederation, in which the central government exists
only at the pleasure of the sovereign, or independent, members. A confederation system
produces the weakest central government. Member states in a confederation maintain their own
individual power and delegate to the central government only those powers that are essential for
its maintenance. The individual states or countries making up the confederations have the
power to tax and make their own laws. The central government serves as a coordinator to
protect the interests of all its members. It also represents the confederation in dealings with
outside governments, but its actions are subject to the review and approval of the confederated
states.
No modern nation-state is organized along confederate lines, yet some international
organizations, such as the United Nations (UN) and North Atlantic Treaty Organization (NATO)
function primarily as confederations.
Adapted from: http://www.scholastic.com/browse/subarticle.jsp?id=1697
C.3.2 Page 82
.Review Questions.
What system of government was in place after the United States adopted the U.S. Constitution?
A. Confederal
B. Federal
C. Oligarchy
D. Parliamentary
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
1. Write 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?
3. Eliminate one incorrect answer choice and explain why you believe it is wrong.
4. Circle the correct answer choice and explain how you arrived at this conclusion.
C.3.2 Page 83