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Chapter Planner and Suggested Pacing Guide

UNDERSTANDING BY DESIGN®

Enduring Understanding

  • The U.S. Constitution and the Bill of Rights and later amendments guarantee certain basic rights and freedoms that are essential to our democracy.

Essential Questions

  • What restrictions, if any, should be placed on our constitutional rights and freedoms?
  • Why and how are the freedoms in the Bill of Rights and later amendments essential to our democracy?
  • How have citizens and citizen movements brought about political and social change?

Students will know:

  • that the First Amendment’s protection of speech and expression is central to democracy in the United States.
  • how to distinguish between pure and symbolic speech.
  • that free speech is limited in cases where public safety is concerned.
  • that obscenity, defamation, “fighting words”, some types of commercial speech, and seditious speech are not protected by the First Amendment.
  • that the government may make reasonable regulations on the time, place, and manner of speech.
  • that the First Amendment’s protection of press, assembly, and petition is central to democracy in the United States.
  • that government censorship is prohibited by the First Amendment
  • that in New York Times Co. v. United States, the Supreme Court ruled against prior restraint, which is government censorship of information before it is published or broadcast.
  • that freedom of petition ensures the right of the people to ask the government to take or not take an action.
  • how the government balances the freedom of assembly with its interest in protecting communities.
  • that the Founders were deeply concerned about religious freedom and its importance to democracy.
  • that the establishment clause of the First Amendment forbids state and federal governments from setting up churches, favoring a religion, or passing laws requiring belief in any religious idea.
  • that the free exercise clause of the First Amendment protects the right of individuals to worship as they choose.
  • the outcomes of major Supreme Court cases concerning the separation of church and state and church-state relations.
  • that the Fourteenth Amendment granted citizenship to all persons born in the United States, guaranteed due process of law, and guaranteed equal protection of the laws.
  • that in Dred Scott v. Sanford, the Supreme Court ruled that African Americans were not U.S. citizens.
  • that, in 1924, Native Americans were granted U.S. citizenship.
  • that Jim Crow laws were laws enacted by the states in response to the protections of the Fourteenth Amendment.
  • the difference between procedural due process and substantive due process.
  • how the equal protection clause protects individual rights and limits the powers of government.
  • when the rational basis, strict scrutiny, and substantial relationship tests are used by the courts.
  • the history of unfair discrimination in the United States.
  • how the Constitution and federal legislation protect individuals from unfair discrimination based on race, national origin, gender, age, physical disability, or religion.
  • the key provisions of the Civil Rights Acts.
  • that in Brown v. Board of Education, the Supreme Court ruled that segregated schools were inherently unequal and therefore, unconstitutional.
  • the history of the civil rights movement in the United States and the roles of its leaders, including Martin Luther King, Jr.
  • how the Supreme Court has ruled on affirmative action.
  • that the Supreme Court ruled that the Second Amendment protects the individual right to own a gun with limits.
  • under what circumstances the government may limit the right to keep and bear arms.
  • the Supreme Court has issued several rulings, citing the First, Third, Fourth, Fifth, and Ninth Amendments, that, in its opinion, speak to the right to privacy.
  • that Roe v. Wade established a woman’s right to an abortion during the first six months of pregnancy.
  • under what circumstances the government may limit the right to privacy.

Students will be able to:

  • explain the importance of freedom of speech in a democracy.
  • describe limitations placed on free speech.
  • identify time, place, and manner restrictions on freedom of speech.
  • define prior restraint.
  • list limitations on the freedom of the press.
  • explain the importance of freedom of assembly and petition.
  • categorize Supreme Court cases that are related to the establishment clause and the free speech clause.
  • analyze why the Founders protected religious freedom in the United States.
  • analyze the importance of the Fourteenth Amendment.
  • contrast procedural due process and substantive due process.
  • explain how most of the Bill of Rights became incorporated against the states.
  • define discrimination.
  • identify different types of discrimination and the legislation that prohibit the discrimination.
  • connect the Civil Rights Act of 1964 to their own lives.
  • examine Supreme Court cases on affirmative action.
  • explain the Supreme Court case District of Columbia v. Heller.
  • analyze the right to keep and bear arms.
  • identify the limits to privacy rights.

Predictable Misunderstandings

Students may think:

  • that the free speech protected by the First Amendment includes only spoken or written words. Encourage students to learn the difference between pure speech and symbolic speech and to learn what types of speech are not protected under the Bill of Rights.
  • that Native Americans have been citizens since the birth of the nation. It may seem logical that, as they were born in the United States, Native Americans would have had an automatic right to citizenship. Students may be surprised to learn that it was not until 1924 that Native Americans officially became citizens under the U.S. Constitution.
  • that all states have the same laws regarding gun control. While it is true that the Second Amendment protects the right to bear arms, and that the Gun Control Act of 1968 put limits on this right for the whole country, individual states are still responsible for creating specific gun control regulations, and some states are much more lenient in making and enforcing these laws than others.

Assessment Evidence

Performance Tasks:

  • Hands-On Chapter Project

Other Evidence:

  • Guided Reading Activities
  • Vocabulary Activity
  • Lesson Quizzes
  • Chapter Tests, Forms A and B

SUGGESTED PACING

½ Day — Introducing the Chapter
½ Day — Lesson 1
½ Day — Lesson 2
½ Day — Lesson 3
½ Day — Lesson 4
½ Day — Lesson 5
½ Day — Lesson 6
½ Day — Chapter Wrap-Up and Assessment

4 Days — Total

DIFFERENTIATED INSTRUCTION

The activities presented are suitable for all levels. Modifications for student ability levels are available for many of the activities. The type of modifications available are indicated by the icons below.

DI for AL Approaching Level

DI for BL Beyond Level

DI for ELL English Language Learner

All students benefit from activities that utilize different learning styles. Activities are designated with the labels below to help you differentiate teaching by the types of learners.

Intrapersonal
Logical/Mathematical
Visual/Spatial
Verbal/Linguistic
Interpersonal
Auditory/Musical
Kinesthetic
Naturalist

Texas Essential Knowledge and Skills

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  • Texas Essential Knowledge and Skills

    Below are the Texas Essential Knowledge and Skills covered in this chapter.

    (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to:

    (D) identify the contributions of the political philosophies of the Founding Fathers, including John Adams, Alexander Hamilton, Thomas Jefferson, James Madison, John Jay, George Mason, Roger Sherman, and James Wilson, on the development of the U.S. government

     

    (2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to:

    (A) give examples of the processes used by individuals, political parties, interest groups, or the media to affect public policy

    (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present

     

    (7) Government. The student understands the American beliefs and principles reflected in the U.S. Constitution and why these are significant. The student is expected to:

    (D) evaluate constitutional provisions for limiting the role of government, including republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights

    (E) describe the constitutionally prescribed procedures by which the U.S. Constitution can be changed and analyze the role of the amendment process in a constitutional government

    (F) identify how the American beliefs and principles reflected in the Declaration of Independence and the U.S. Constitution contribute to both a national identity and federal identity and are embodied in the United States today

     

    (8) Government. The student understands the structure and functions of the government created by the U.S. Constitution. The student is expected to:

    (C) analyze the structure and functions of the judicial branch of government, including the federal court system, types of jurisdiction, and judicial review

     

    (9) Government. The student understands the concept of federalism. The student is expected to:

    (C) analyze historical and contemporary conflicts over the respective roles of national and state governments

     

    (12) Government. The student understands the similarities and differences that exist among the U.S. system of government and other political systems. The student is expected to:

    (A) compare the U.S. constitutional republic to historical and contemporary forms of government such as monarchy, a classical republic, authoritarian, socialist, direct democracy, theocracy, tribal, and other republics

     

    (13) Citizenship. The student understands rights guaranteed by the U.S. Constitution. The student is expected to:

    (A) understand the roles of limited government and the rule of law in the protection of individual rights

    (B) identify and define the unalienable rights

    (C) identify the freedoms and rights guaranteed by each amendment in the Bill of Rights

    (D) analyze U.S. Supreme Court interpretations of rights guaranteed by the U.S. Constitution in selected cases, including Engel v. Vitale, Schenck v. United States, Texas v. Johnson, Miranda v. Arizona, Gideon v. Wainwright, Mapp v. Ohio, and Roe v. Wade

    (E) explain the importance of due process rights to the protection of individual rights and in limiting the powers of government

    (F) recall the conditions that produced the 14th Amendment and describe subsequent efforts to selectively extend some of the Bill of Rights to the states, including the Blaine Amendment and U.S. Supreme Court rulings, and analyze the impact on the scope of fundamental rights and federalism

     

    (15) Citizenship. The student understands the importance of voluntary individual participation in the U.S. constitutional republic. The student is expected to:

    (A) analyze the effectiveness of various methods of participation in the political process at local, state, and national levels

    (B) analyze historical and contemporary examples of citizen movements to bring about political change or to maintain continuity

     

    (16) Citizenship. The student understands the importance of the expression of different points of view in a constitutional republic. The student is expected to:

    (A) examine different points of view of political parties and interest groups such as the League of United Latin American Citizens (LULAC), the National Rifle Association (NRA), and the National Association for the Advancement of Colored People (NAACP) on important contemporary issues

    (B) analyze the importance of the First Amendment rights of petition, assembly, speech, and press and the Second Amendment right to keep and bear arms

     

    (17) Culture. The student understands the relationship between government policies and the culture of the United States. The student is expected to:

    (A) evaluate a U.S. government policy or court decision that has affected a particular racial, ethnic, or religious group such as the Civil Rights Act of 1964 and the U.S. Supreme Court cases of Hernandez v. Texas and Grutter v. Bollinger

    (B) explain changes in American culture brought about by government policies such as voting rights, the Servicemen’s Readjustment Act of 1944 (GI Bill of Rights), the Immigration and Nationality Act of 1965, the Immigration Reform and Control Act of 1986, affirmative action, and racial integration

     

    (19) Science, technology, and society. The student understands the impact of advances in science and technology on government and society. The student is expected to:

    (B) evaluate the impact of the Internet and other electronic information on the political process

     

    (20) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to:

    (A) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions

    (C) analyze and defend a point of view on a current political issue

    (D) analyze and evaluate the validity of information, arguments, and counterarguments from primary and secondary sources for bias, propaganda, point of view, and frame of reference

    (F) use appropriate mathematical skills to interpret social studies information such as maps and graphs

     

    (21) Social studies skills. The student communicates in written, oral, and visual forms. The student is expected to:

    (A) use social studies terminology correctly

    (D) create written, oral, and visual presentations of social studies information