Middle School Social Studies The United States Constitution as a Living Document

Nineteenth Century American HistoryA Model Local Core Curriculum

Oakland Schools Curriculum Unit Plan

Social Studies

Eighth Grade

Nineteenth Century American History

Unit 1: The United States Constitution as a Living Document

Abstract

This unit builds the constitutional foundation for the study of nineteenth century American history. Students examine the structure and functioning of the United States government under the Constitution through the principles of checks and balances, separation of powers, federalism, limited government, and popular sovereignty. In exploring what life would be like without government, students learn about the purposes of government, the social contract theory of government, and the meaning of a constitutional form of government. They examine primary and secondary sources to understand the problems faced by the new nation under the Articles of Confederation. After constructing and debating possible changes to the Articles of Confederation, students simulate a constitutional convention to work out the various compromises achieved by the framers. They then investigate each branch of government with particular focus on the powers, limits, structure, and function of each using both current and historical examples. Through an interpretation of its text as well as historical events and court cases students analyze how the Constitution fulfills the purposes for which it was created. In examining the protections afforded by the Bill of Rights and the purposes for its inclusion in the Constitution, students explore its place in their daily lives. They explore situations in which the principles of the rule of law and limited government operate to protect individual rights and serve the common good. The unit culminates with a discussion of why the Constitution is considered a “living document.”

Duration of Unit:

Focus Questions

  1. Which amendments to the Constitution best represent American ideals?
  2. How well did the Constitution solve problems encountered under the Articles of Confederation?
  3. Why is the Constitution described as a “living document?”

Benchmarks

Students will:

  • describe philosophical beliefs that influenced the creation of the United States Constitution and explain how they set the foundation for civic life, politics, and government in the United States (I.1.MS.2, III.2.MS.1).
  • engage each other in conversations, which attempt to clarify national issues faced by the Framers when they drafted the U.S. Constitution using primary and secondary sources (I.3.MS.1, VI.2.MS.1).
  • explain how the federal government in the United States serves the purposes set forth in the Preamble to the Constitution (III.1.MS.1).
  • explain how the rule of law and limited government protect individual rights and serve the common good (III.1.MS.3, III.1.MS.4).
  • describe provisions of the United States Constitution, which delegate to government the powers necessary to fulfill the purposes for which it was established (III.2.MS.2).
  • explain the means for limiting the powers of government established by the United States Constitution and how the Constitution is maintained as the supreme law of the land (III.2.MS.3, III.4.MS.2).
  • examine the role of the United States government in regulating commerce as stated in the United States Constitution (IV.5.MS.2).
  • distinguish between civil and criminal procedure (III.3.MS.1).

Key Concepts

amendmentlimited government

Articles of Confederationpopular sovereignty

checks and balancesseparation of powers

federalism

Supplemental Materials

Lesson 1 – How the Declaration of Independence Influenced the Creation of the Constitution

Lesson 2 – The Articles of Confederation

Lesson 3 – A Convention of Compromises

Lesson 4 – The Purposes of Government

Lesson 5 – The Legislative Branch

Lesson 6 – The Power of the Commerce Clause

Lesson 7 – The Executive Branch

Lesson 8 – The Judicial Branch

Lesson 9 – Checks and Balances and the Separation of Powers

Lesson 10 – Federalism and the Supremacy Clause

Lesson 11 – The Bill of Rights

Lesson 12 – The Constitution as a Living Document

Recommended (not required) Instructional Resources

Student Resource

Lesson 1: Why Do We Need a Government? The Center for Civic Education. 11 December 2006 <

United States House of Representatives. 11 December 2006 <http://www.house.gov/>.

United States Senate. 11 December 2006 <http://www.senate.gov/>.

The White House. 11 December 2006 <http://www.whitehouse.gov/history/index.html>.

Teacher Resource

Bjornlund, Lydia. The U.S. Constitution: Blueprint for Democracy. San Diego, CA: Lucent Books, Inc., 1999.

Commager, Henry S. Ed. Selections from The Federalist: Hamilton, Madison, Jay. Wheeling, IL: Harlan Davidson, Inc., 1949.

Creating A Bill of Rights. Ed. Jamie Fratello Staub. 12 July 1998. Academy Curricular Exchange, Columbia Education Center, Social Studies. 11 December 2006 <

Davidson, James West, Pedro Castillo, and Michael B. Stoff. The American Nation Teacher’s Edition. Englewood Cliffs, NJ: Prentice Hall, 2000. 112-167.

Hofstadter, Richard, ed. Great Issues in American History Volume II: From the Revolution to the Civil War, 1765-1865. New York: Random House, 1969. 75-139.

How an Idea Becomes a Law. Ed. Wanda Kehl. 12 July 1998. Academy Curricular Exchange, Columbia Education Center, Social Studies. 11 December 2006 <

Landmark Supreme Court Cases. Street Law and the Supreme Court Historical Society. 11 December 2006 <

Reorganizing The Bill of Rights. Ed. Scott Wallace. 12 July 1998. Academy Curricular Exchange, Columbia Education Center, Social Studies. 11 December 2006 <

Search and Seizure. Ed. Lynn MacAusland. 12 July 1998. Academy Curricular Exchange, Columbia Education Center, Social Studies. 11 December 2006 <

We the People… do ordain and establish this Constitution for the United States of America, Book 1. Calabasas, CA: The Center for Civic Education, 1986. 3-11, 25-31, 61-69, 101-106.

Sample Performance Assessments

  1. In writing, use the social contract theory of government to explain the meaning of a constitutional form of government. Include a description of the five principles characteristic of the United States Constitution (checks and balances, federalism, limited government, popular sovereignty, and separation of powers) and identify an example of each within the text of the United States Constitution. Using historical or present-day examples, explain how at least two of these principles set the foundation of civic life, politics, or government (I.1.MS.2, III.2.MS.1).
  1. Participate in discussion of a national issue involved in drafting the United States Constitution using primary and secondary sources, and evaluate in writing how well the Framers resolved the issue (I.3.MS.1, VI.2.MS.1).
  1. In writing, identify the purposes of government set forth in the Preamble to the United States Constitution and specify a provision in the Constitution that grants power necessary to accomplish each purpose. Identify at least two examples of events from history or the present day and explain how the principles of the rule of law and limited government act to protect individual rights and serve the common good (III.1.MS.1, III.1.MS.3, III.1.MS.4, III.2.MS.2).
  1. Construct a graphic organizer that explains how the United States Constitution limits the powers of government through its system of separation of powers and checks and balances (III.2.MS.3, III.4.MS.2).
  1. Use legal cases and news reports to explain the constitutional role of the United States government in regulating commerce. (IV.5.MS.2).
  1. Describe in writing the difference in standards of proof between civil and criminal cases (III.3.MS.1).

Connections

English Language Arts

Students practice interpretive reading when analyzing the text of the Constitution and summaries of federal court decisions.

English Language Arts/ Technology

Students can reflect upon the wisdom of the constitutional protections of patents for inventors and copyrights for authors.

Mathematics

Students can ponder the intentions of the Framers in granting Congress the powers to coin money and to fix the standard of weights and measures.

January 22, 2007SCoPE SS080100 Page 1 of 1

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