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American Justice and Student Rights
Glenda Thompson
"Eternal vigilance is the price of liberty." Wendell Phillips (1811-1884)
U.S. abolitionist and reformerAcademic Setting
American Justice and Student Rights is a six week interdisciplinary unit plan developed for students at Freedom High School in Albuquerque. Freedom High is an alternative school for "at risk" students within the Albuquerque Public Schools system. Freedoms maximum student enrollment is 240 and class sizes are capped at twenty. Students with ten high school credits may apply for admission, although in extreme situations students with less than ten credits may be accepted. Students may request admission on their own or may be referred by a school counselor.
The philosophy of Freedom High includes such ideals as democratic decision making by staff and students, tolerance and acceptance of diversity, active participation in school, in class, and in the community, challenging academic and intellectual courses, the importance of a safe and caring environment, and acceptance of responsibility. For the most part these ideals are reality. Attendance at our School Restructuring Council meetings (designed to make democratic decisions regarding curriculum and its implementation) is usually at least twenty percent students. Due to our small size (lack of anonymity) and encouragement of working together, there is a high level of acceptance and camaraderie. We assess our curriculum yearly and every six weeks as a staff, and continually as individual teachers to maintain district standards and our own standards for academic, intellectual, and personal achievement. And it could clearly be argued that Freedom High is the safest secondary school in the district. Even though we have many kids whom others would regard as "tough," we have very few discipline problems. Students are encouraged to take responsibility for their actions, and for the most part they do. For multiple reasons, our main on-going struggle is with student attendance.
The student population at Freedom is always diverse and interesting. There are as many reasons that students come to Freedom as there are students. Some students request to come because they have become disillusioned with "the system." Often, these students are highly intellectual and have high academic skills. Many of them are involved in various forms of local activism, art, music, and are very well read. Their disillusionment, however, often accompanied by difficult or dysfunctional living situations, has caused them to make poor choices that have affected their success in school. Freedom provides these students with the opportunity to seek out teachers and classes that they find challenging and an environment in which they feel free to be and fully express themselves.
Many other students come to Freedom because they have made unwise choices also. Some of them have had legal problems and are on probation. Some have fallen behind or have created life problems which make it impossible to succeed in regular school. Others of them live on their own and/or support families. Our scheduling options make it possible for these students to continue their academic career. Freedom operates on a "point system," whereby students earn points for all work they have finished and never lose those points. If a students baby becomes ill, for example, and the student must miss two weeks of school, that student wont fail the entire semester. Instead, when the student returns, he will pick up where he left off and will receive points again for all work done. Points are added up to earn credits. Some of these students who have fallen behind come to Freedom to work at an accelerated pace. Often they are able to graduate on schedule. In the case of older returning students, they can push themselves, get done quickly, and move on to higher education or employment. In any given year, our students may range in age from fifteen to twenty-five. Most of our older students live on their own or have families. Often they are working full time while attending school. It takes a great deal of courage to return to high school in those situations.
We also have students who have a hard time in regular school due to emotional or psychological difficulties. Many of these students have suffered and continue to suffer from abuse, and many more from neglect. Small classes and a safe and supportive environment make all the difference for these students. Most of our students, no matter what their reason for coming to Freedom, fall into this category to some degree.
The student population at Freedom is varied and intense. Every kind of kid there is, there is at Freedom. Their academic backgrounds range from B level special education to advanced placement. One thing they all have in common is that they have rejected the system, or it has rejected them. This seems to leave them with an aching sense of justice and a need to feel that the world is fair (or perhaps more correctly, coming to terms with the fact that the world is not fair). This unit will tap into those feelings to encourage an understanding of the American system of justice and encourage their participation in that system.
American Justice and Student Rights is designed for Advanced Reading Seminar, which is offered for English credit. We read very challenging materials from a variety of sources and subjects, do a good deal of debate and discussion, and focus on structured, formal writing. I created this course to expose students to many different types of writing, focusing primarily on non-fiction. We have many courses at Freedom, as do all high schools, which focus heavily on fiction: Modern Literature (primarily analysis of literature), American Literature, World Literature, Shakespeare, etc... While we have other courses which focus on non-fiction (Contemporary Issues, Media Studies, Radical Poetry, etc...), I wanted a class which would explore an endless variety of subjects. We have done units on feminism, police brutality, the human senses, the history of science, and the history of western philosophy to name only a few. Discussion and debate are employed to foster communication and understanding, and a lot of writing is assigned. We attack many different writing styles and formats, often mirroring the styles we have read. For example, after reading Jonathan Swifts "A Modest Proposal" students wrote political satire. I believe very strongly that the best way to teach writing is to teach reading deep, analytical, and thorough reading. This class is very successful, not only for highly skilled students, but for struggling students as well. Reading and analyzing difficult materials out loud and together helps all students in their understanding and builds reading skills in struggling students. Guided writing assignments with reflection on reading materials builds writing skills in all students.
Goals
My goals for American Justice and Student Rights are many. I believe that teachers of humanities have virtually limitless opportunity not only to teach their kids to read and write, but to teach them to think (and to think about big ideas). We dont need to be tied to a district approved anthology text book to teach American literature. The U.S. Constitution is American literature. The Declaration of Independence is American literature. Jonathan Kozols speech to a group of New York public school teachers is American Literature. The written opinions/rulings of the Supreme Court are American literature. Our sources are endless. Writings dealing with the American judicial system are powerful and alive. Our constitutional ideals are based on individuality, diversity, and tolerance. Not only will a nation full of people disagree on monumental issues, but often so will nine Supreme Court judges. And of course, as you know, so will your students. Using materials which will encourage disagreement, discussion and debate, and acceptance of views different from our own is wonderful way of getting students interested and invested. Also, using materials which lend themselves to challenging and thought provoking assignments is vital. I have many goals for this unit:
1) To provide a review and understanding of the U.S. Constitution, the Declaration of Independence, and "American ideals."
2) To provide a basic understanding of our rights as citizens and as students.
3) To provide a brief explanation of kinds of law: Constitutional Law, Statutory Law, Administrative Law, and Judge-made Law.
4) To provide an understanding of Judge-made Law and the role of the Supreme Court.
5) To provide a review of Supreme Court rulings which affect student rights.
6) To provide guidance in reading and interpreting Supreme Court rulings.
7) To provide an understanding of the role of citizens in the changing of the law.
8) To encourage critical and analytical thinking regarding the U.S. system of justice.
9) To encourage students to develop their own ideals and opinions and to articulate them, thereby encouraging participation in and an on-going awareness of the system within which they live.
10) To encourage students to be aware and educate themselves about the public education system which greatly affects their lives.
Objectives
My number one objective in any unit is for students to learn to, and not be afraid to, think for themselves. I always want them to ask, "Why do we have to do this?" I always have an answer. I usually have a lot of answers. Those answers for this unit are:
1) Students will have a basic understanding of their Constitutional rights.
2) Students will have a basic understanding of how American law is made.
3) Students will have a basic understanding of why and how public schools may "violate" a students Constitutional rights.
4) Students will have a basic understanding of the role of the Supreme Court and how a case gets there.
5) Students will have a basic understanding of the history of education in America and of laws affecting education and student rights.
6) Students will explore current opinions regarding education and student rights and will develop their own educated opinions.
7) Students will have a basic understanding of the struggle between federal and local control of schools.
8) Students will have a deep understanding of the Fourth Amendment to the U.S. Constitution and how it applies to students.
9) Students will have a deep understanding of the right to religion clause of the First Amendment and how it has been dealt with in the schools.
10) Students will participate in formal and informal class discussions and debates.
11) Students will write well structured notes.
12) Students will write well structured paragraphs of varying lengths and styles.
13) Students will write a well structured five paragraph essay.
14) Students will conduct research in a variety of methods.
15) Students will make formal and informal presentations to the class.
16) Students will effectively work in groups.
17) Students will write a final paper/project which will incorporate writing, speaking, art work, and class participation.
Narrative
Students Constitutional rights are "violated" on a daily basis in public schools. Why? Should they be? Sometimes? Never? These are questions many teachers ask at least sometimes, and most all students ask them often. How do we legally and ethically justify requiring school uniforms in light of the First Amendment? How do we legally and ethically justify random locker searches in light of the Fourth Amendment? What about "lock downs"? What about drug testing? What about censorship? Expression of political views? The Pledge of Allegiance? Prayer in school? Gay couples at the prom? An American Indian student who wears traditional dress to graduation? In the public schools, these issues abound. We as teachers can ignore the anger and frustration it creates in our students (sort of like ignoring that proverbial elephant in the living room), or we can talk about it. We can also teach about it.
When a student asks, "Why do we have to do this?" we should always provide an answer. That question may be an easy one like, "Why do we have to take notes?" or it may be a difficult one such as, "Why cant I wear a hat to school even if its freezing outside?" At Freedom High we have virtually no dress code. If a student were to wear something highly offensive, perhaps containing a racial slur, they would be asked to change clothes. This really doesnt happen though. For the most part our students dress responsibly and considerately. Many of our students do, however, dress very eccentrically. For a lot of those students it is a matter of principle that they will not comply with the dress code in a regular school. If we had a dress code, they would not be in school. Its that simple. Almost all students in public school have had their lockers or bags searched at least once without "probable cause." Almost all students who have ever written for a high school newspaper or literary magazine have experienced some degree of censorship. These sorts of things make students very angry, and anger can keep a kid out of school. The best way to deal with anger is to talk honestly about it. Our anger may not go away, but we may at least gain a degree of understanding.
Students are empowered by real learning and understanding. A true understanding of and an interest in law can empower people to get involved. We forget too easily that our ideals are based on self government, democratic participation, and equality. Understanding our law can encourage a student to vote, to become active in their communities, and to fight for changes in the law itself. Too often, our students these days are accused of being apathetic. I disagree entirely. I believe our students are discouraged, as are the American people in general. What are my rights? What can I, one tiny person, do if theyre violated? Many people, especially our young people, feel as if they can do nothing. Any major changes that have ever taken place in our country have been started by one person or a small group of people. We need to remind our students of this and give them skills to become active members of their world. We need to understand our world if we are going to go up against it. We need to understand our system.
The only way to truly begin to understand our complicated system is to jump right in there. If a Supreme Court ruling says my Constitutional rights can be violated, then I want to see that ruling. I want to understand what it is that makes it "okay" for my rights to be violated. I want my students to want the same thing. I want them to want to understand, and theres no reason that they cant. Theres a lot that goes in to understanding a Supreme Court ruling, however. Thats what this unit is for.
Subject Background
The Bill of Rights to the Constitution of the United States and all twenty-seven of its amendments dont give us a single right. Nope, not one. How can I say this? Well, Ive read it. What the Bill of Rights does do is say that we have rights (you know, those inherent and "unalienable" ones from the Declaration of Independence) and that the United States government may not infringe upon them. Thats a big difference, both philosophically and practically. That means our government is "limited," a term we love to use, but often dont really understand. The Declaration of Independence, written fifteen years before the Bill of Rights was ratified, is merely a statement of ideals and a list of grievances against England. Thats it. It was not self-executing or binding (we had to fight a war for that, remember). A critical and analytical reading of these two documents is enlightening for most people. We often forget, or take for granted, the basic ideals upon which our country is based.
The ideals set forth in the Declaration of Independence are simple: our belief in equality and human rights, our belief in self government by the people, and our belief that government should be limited. Wait a minute...equality and human rights? Arent we still fighting for those things? The ideals set forth in the Declaration of Independence are just that ideals. Our Constitution is another story. This is where those ideals are addressed, or not addressed, depending upon which Supreme Court justice you happen to be and how you interpret the Constitution. Are you confused yet? Well, heres some more fun. Our Constitutional rights (granted it doesnt give us rights, but thats what well call them) dont always apply equally to everyone. Especially if youre a public school student. Why not? Because the Supreme Court said so, thats why. What gives them the right to deny us ours? They do. They said so (Marbury v. Madison 1803). And there you have it...American rights.
Lets back up just a little. What about the Supreme Court? They make law? Kind of. There are actually four "kinds" of law in America: Constitutional Law, Statutory Law, Administrative Law, and Judge-made law (thats where the Supreme Court comes in). Constitutional Law is law made by the people and changed by the people. Statutory Law is law which is passed by legislative bodies. Administrative Law is law by executive order. Judge-made law is law which is set based on interpretation of the U.S. Constitution by the Supreme Court (and in lower courts as well).
Judge-made law is the most interesting of the four kinds of law. Why? Because it changes. In the Supreme Court case Plessy v. Ferguson of 1896 the Supreme Court interpreted the Constitution as supporting the notion of "separate but equal" as okay. We all know this wasnt okay. Later, in the 1954 ruling in the case Brown v. Board of Education of Topeka, the Supreme Court overruled Plessy. "Separate but equal" was not in any way equal. Other kinds of law change as well, just not as often ( the Eighteenth Amendment outlawed the sales of alcohol as beverages. In 1933, the states ratified the repeal of prohibition with the ratification of the Twenty-first Amendment).
If we examine the reality of history, we understand that those persons deemed "equal" by the Declaration of Independence were in actuality white, male landowners. These were the only people deemed equal enough to vote, anyway. These typically were the only people who also received a thorough education. In 1779 Jefferson proposed a meager plan for public education. It was soundly shut down by the clergy and the ruling class. We now understand the notion of a free and public (and equal) education as being a cornerstone of the maintenance of democracy. It took a while to get there. Not until after the Civil War did that notion become an ideal for the United States, and not until after the Civil Rights Movement did it become a reality. Many would argue that due to racial and classist discrimination, it still is not.
What should public education be? What is it in reality? America seems to be very displeased with its system of public education today. Why? Who is displeased? It seems that every one is. A 1983 report of the National Commission on Excellence in Education, entitled A Nation at Risk, stated:
If an unfriendly foreign power had attempted to impose on America the mediocre educational performance that exists today, we might well have viewed it as an act of war. As it stands, we have allowed this to happen to ourselves.
The headlining question of our day seems to be, "What has caused this to happen?" Some would argue that the inequalities in our schools have contributed greatly to this problem. These inequalities are based largely on class. Jonathan Kozol, in his books Savage Inequalities, Amazing Grace, and Illiterate America, as well as in a speech given to New York public school teachers, examines the racial and economic inequalities which still persist in the American system of public education. The average amount of money being spent on poor students in the South Bronx is less than $6000.00 while the average amount spent on students in Riverdale, which is just across the highway from the South Bronx, is approximately $11,000. What rights do these poor students or their parents have? What rights do we have to a quality public education? These are the ongoing unanswered questions.
For students these questions are vital. But not only are students concerned with the academic and career oriented aspects of these questions, but also with their rights as people as well. Presently, students Fourth Amendment rights are violated by schools on a daily basis. The Fourth Amendment reads:
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.
Our students have often been subjected to searches without issuance of warrant or probable cause. In Epperson v. Arkansas (1968) the Supreme Court interpreted Constitutional Law as giving state and local authorities the right to "establish and apply their curriculum in such a way as to transmit community values." This ruling has been used in countless settings to violate students rights in aspects seemingly unrelated to curriculum (dress codes, hair codes, drug testing, etc...). However, in 1943 in West Virginia Board of Educatin v. Barnette, the court ruled:
Boards of Education...have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
This ruling is to me one of the most important in the history of the Supreme Court. Partly because I am a teacher and care deeply about the rights of my students and all students, but also because I believe strongly in the ideals of the United States of America. I believe it is my job as an educator to teach students that they do indeed have rights, and that if they properly understand the laws and the judicial system, they can be active movers for change.
Wendell Phillips quote, "Eternal vigilance is the price of liberty" is as pertinent today as when he said it, deeply involved in the abolitionist movement of the 1800's. If citizens, and surely students, can fully understand their rights, they are then empowered to fight for them, to secure them, and to make change
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Implementation
This unit has been designed to last approximately six weeks because our grading periods are six weeks long. It could easily be lengthened to nine weeks by adding the reading of Inherit the Wind or another good work of literature related to law, creative writing assignments, building a vocabulary wall, or community service projects. My classes are blocks: Monday/Wednesday/ Friday classes are eighty minutes long, and Tuesday/Thursday classes are two hours each. Because most high schools are still using regular, every day class schedules, and due to the way I manage time in my classes, I will refer to these lessons not as a set daily plan, but as one week, a half a week, etc... ( these are approximate; for short lessons, I will refer to them as one day). I tend to be very "organic" in my teaching. If we start a lesson and its a real success, we may spend more time than originally planned on that lesson, or we may adapt it to bring in ideas which the students have added. Or, if a lesson isnt successful, we can always dump it. If this happens, we always discuss why it didnt work. I believe it is very important to make students a part of their own education. We tend to (and are taught to ) sort of hide our pedagogical strategies from our students. I have found that when I tell them why were doing things a certain way they usually become more invested in doing the work. I learn a great deal from them in the process about how to teach. I have also found that my students have no problem stopping a lesson midway and then picking it up where we left off the next time we meet. So, keep in mind, these lessons and all lessons should be seen as malleable. I prefer to view them as "lesson sets." Adapt them to suit your own schedule, student population, or curriculum strategies. Many of these lessons could be used in a civics, government, or U.S. history class, or adjusted for use in eighth grade. They focus heavily on the use of primary documents which are important to use at any grade level.
Lessons
*Unless specified otherwise, all reading should be done out loud and together. Students take turns reading, as does the teacher, so that difficulties can be addressed as they arise. I have found that low level readers are greatly helped by this as they learn inflection, punctuation reading skills, and confidence from more skilled readers.
For class discussions I always prefer the Socratic method. I have provided several prompt questions. These are simply samples of the types of questions which will work well. Students will likely come up with many of their own questions, and each teacher will have her own line of questioning to add. Encourage deep and thoughtful questioning and sincere speculation of answers.
Constitutional Rights and Human Rights
This first set of lessons is probably the most difficult, only in that it requires a great deal of intense reading all at once. This is necessary for background information and a basic understanding of rights (One half to one week).
Step 1) Address the unit. Explain to students the theme and purpose of the unit.
Step 2) Read the Declaration of Independence. Discuss and take notes on all of the following: First paragraph what is the purpose of this document? Was it binding or self executing? What "entitles" them to make this document? Second paragraph What three main ideals are being set forth in this document? Discuss them (human rights or equality, consent of the governed or democracy, and limited government or liberty). What do they mean? Did they exist when they nation was founded? In what ways do they exist now? In what ways not? Why? Discuss: "...mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed." (Is this why people dont vote?). Discuss: "...it is their duty to throw off such government. " Why is it a duty? Is it a perpetual duty? What does this imply about our responsibilities? Discuss accusations against King George III (point out that although Parliament was the "supreme power" of England since the 1600's, King George "owned" Parliament via bribes, appointments, etc...). Discuss final paragraph. Students write one paragraph abstract of the Declaration of Independence. Include purpose, ideals, complaints, and implications.
Step 3) Make class copies of the Constitution and all amendments (students may then use highlighters and pens to mark them). Students work with a partner or in a small group: read Constitution and amendments (independently) and highlight all rights therein. Point out to them that the Constitution has very few and that the first amendment contains several. Now, in same groups, have students prioritize their rights. List them from most important to least important. Groups must be prepared to defend and explain their first and last choices. When all groups are done, discuss this as a class. Answers may vary greatly. I have done this in many different classes. A common response is for students who do not identify with a religion to place "freedom of religion" near the bottom of the list. When it is explained to them that "freedom of religion" also means "freedom from religion" and that ultimately it means "freedom of thought and to make up ones own mind about the world" it quickly rises in ranking. Your discussion should lead students to understand that their first amendment rights can be used to defend all other rights, making it the most valuable amendment. Also focus on the Equal Protection Clause of the Fourteenth Amendment. Discuss: the Constitution and amendments do not "give" us rights. It is stated that the government may not infringe upon the rights we have inherently. How is this different? What does this tell us about the true ideals of our system? Why is this an important distinction? What rights do we have inherently?
Step 4) Read the United Nations 1948 Universal Declaration of Human Rights. Discuss the value of this document, its power or lack of power, its manifestation etc...Assign one "right" to each student. Each student will make a small poster quoting their right and illustrating it in a manner which will make the meaning of the right clear and understandable. Students present and explain their posters to the class.
Kinds of Law
This lesson delineates the four kinds of United States law, focusing primarily on judge-made law. This will help students understand the importance of Supreme Court decisions, why they are affected by them, and will lead in to following lesson sets. (One day).
Lecture on the four kinds of United States law (students take notes): constitutional law, statutory law, administrative law, and judge-made law. Remember, this is an English class. You dont have to be detailed to the nth degree, as the focus is on a basic understanding, note taking skills, and an articulation of learned information. Students write a one page paper which briefly, yet clearly, explains the four kinds of law.
Education: History and Philosophy
This set of lessons is designed to start kids thinking about education, what rights they have to an education, and will lead to lessons about student rights within the institutions which provide them an education. (One and one half weeks).
Step 1) Break students into small discussion groups. Assign a group leader. Tell students that you want them to have a conversation about education. Their first assignment is to develop a list of questions that they feel would be appropriate to address on the topic. Give them starter questions: Why do we have public education? Why should we? Does it serve its purpose? Define that purpose. Why is it important that education should be "equal?" What happens if it isnt? What about differences in funding from school to school? What should some ideals of education be? etc... Groups should come up with at least ten more questions each. Someone other than leader should write all questions down. If possible make copies of each groups questions for its members.
Step 2) Group leaders lead groups in a well directed discussion about education. Leader should ask questions on the groups list, and keep track of any other questions which come up during the conversation. All students will take brief notes during conversation focusing on interesting statements or ideas which come up.
Step 3) As a class read Jonathan Kozols Amazing Grace, pages 147-160, and Savage Inequalities, pages 83-132. Play the audiotape of Jonathan Kozols lecture to New York public school teachers (tape is one hour long; this seems tough, but it is very engaging).
Step 4) Briefly lecture on the history of public education in the United States. If you have time, you might have students do research via the internet, encyclopedias, etc...
Step 5) Using notes from discussions in step two and ideas from steps three and four, students will do one of the following: 1) Write a letter to the editor of your local newspaper addressing any problems they see. Must include ideas or suggestions they have for addressing these problems. 2) Write a position paper stating their philosophies of education. Must include ideas or suggestions for making those philosophies into realities.
Changes in Education and the Law
This set of lessons focuses on understanding how Supreme Court decisions have affected public education. This unit is very critical in helping students to understand (and take less for granted) certain elements of public education. It is also difficult reading (Supreme Court rulings) and so provides the opportunity to learn some good reading and analysis skills. (One half to one week).
Step 1) Read Plessy v. Ferguson (1896) and Brown v. Board of Education of Topeka (1954). Discuss the power of the Supreme Court to overturn its own rulings. Discuss Plessy and its connections to Jim Crow laws. Discuss the importance of Brown. Read "From School Desegration to Busing" in Civil Rights: Rhetoric or Reality? Discuss the ideals of Brown and the reality of public education in the United States today. Is this still a problem?
Step 2) Read Tinker v. Des Moines School District (1969) and Bishop v. Colaw (1971). Discuss the importance of the judges rulings in these cases. Have students pinpoint particular quotes in these rulings which speak to the heart of the concept of students rights. (A nice assignment for someone needing extra credit would be to make a poster for the class focusing on these quotes).
Step 3) Read Howard Zinns "The Bill of Rights." Discuss efforts that individuals can make to better our society (this should be a good days worth of reading and discussion). Have students take notes on interesting ideas.
Step 4) Students will write a new amendment to the United States Constitution focusing on education. They should do this individually or in pairs, paying close attention to wording used and any possible misinterpretations which could be made (remind them that the Supreme Courts job is to interpret the Constitution). Share amendments with the class. Discuss: In light of the Equal Protection Clause of the Fourteenth Amendment, is your new amendment regarding education necessary? Why or why not? Any other amendments needed? (This is a great time to discuss the Equal Rights Amendment if you have time).
Students and the Fourth Amendment
This set of lessons is designed to really hit home with the students. Most all of them have had their Fourth Amendment rights violated in public school. The question to pose here is is that necessary? Are we willing to sacrifice our rights for safetys sake? Is it safety? Are there options? Your students will have lots of ideas about these issues already and hopefully will form some strong educated opinions which may go a little deeper than theyve already thought. (One to one and one half weeks).
Step 1) Read the article "Drug Tests in Texas Civil Liberties," "My So-called Rights" by Nadine Strossen, and Veronia School District v. Acton (1999).
Step 2) Divide class into two groups in whatever way best suits you. Considering the nature of this lesson set and the strong feelings many students will have, you may want to assign groups as opposed to letting them choose. This will prove to be more challenging for the students. These two groups will conduct a debate on safety for students versus Fourth Amendment rights. If you have a computer lab, schedule a day. Students will do internet research on the issues of Fourth Amendment rights, drug testing in schools, unwarranted searches in schools (lockdowns, locker searches, drug dogs, weapons searches, metal detectors, etc...), safety concerns, etc...Students should focus on gathering information which will best support their side of the debate. Students will then need one class period to compile their groups data into a strong list of points to support their stand, determine the order in which each student will be "on the floor," and discuss any other needed information. Conduct either a formal or informal debate. Teacher and/or a randomly selected group of students will act as judges to determine which groups arguments were most clear, best supported with facts and data, most articulately and confidently delivered, and convincing.
Step 3) Students will each write an in-class essay on students Fourth Amendment rights. Essay must include: A thorough explanation of the Fourth Amendment, an explanation of the issue of safety versus rights using examples supporting each side, their own opinions regarding the issue of "should students rights be violated?" and thoughtful suggestions or ideas to help deal with the problem.
Freedom of Religion and Public School
This set of lessons will help students understand the basis for Supreme Court rulings regarding religion and public school. Hopefully it will help them to understand that majority rule is not the basis of our democracy, but protection of all, including the minority. (One half week).
Step 1) Divide students into eight groups. Each group will read one Supreme Court case out loud together. They will work together to write a brief synopsis of the ruling. Each group will read one of the following: Engel v. Vitale (1962), Epperson v. Arkansas (1968), Lemon v. Kurtzman (1971), Mc Collum v. Board of Education (1948), Wallace v. Jaffree (1985), West Virginia Board of Education (1943), Widmar v. Vincent (1981), Wisconsin v. Yoder (1972). Groups will report to the class: What was the case about? What was the ruling? What was the ruling based on? Each student will individually write a well structured paragraph explaining the idea of the separation of church and state and the Supreme Courts role in maintaining that separation.
Our Role
This last lesson set has been designed to encourage students to become active in their political, community, and social systems. Now that they understand a good deal about how their system works it is time for them (and for all of us) to become involved in the "eternal vigilance" required to maintain the quest for liberty. (One to one and one half weeks or can be assigned as homework to be worked on throughout the unit)
Step 1) Ask students the following questions. Before beginning a discussion, ask them to write down as many ideas as they can think of in response to these questions (you may want to discuss each question separately): Why dont people vote? Why arent more people politically active? Why are there so few people who could be called "activists?" They will probably come up with answers such as: What difference does it make? Our votes dont matter, whoever has more money wins. Its too complicated to vote, I dont even know how to register. It doesnt matter who wins, theyre all the same, etc.. Now, discuss suggestions to solving those problems. Remind them of the concept of "duty" in the Declaration of Independence, and how the writers were aware of mankind being "more disposed to suffer...evils" than to do the hard work necessary to fix them. Discuss the implications of this and what our own responsibilities are in maintaining our own liberty.
Step 2) FINAL PROJECT. The title and theme of everyones project is to be "Eternal vigilance is the price of liberty." Briefly review all ideas you have covered in this unit. Students should have saved all notes and assignments from unit and have them to refer to. Project will include: 1) Formal essay with well developed thesis regarding quote. Should include: a. many ideas from unit. b. at least one paragraph on students in particular. c.a call to action. 2) Letter to your state representative requesting their help in making changes which will encourage more active participation by the people. 3) Multimedia Aid of your own choice to highlight points in your essay and encourage participation. Suggestions: Video tape or audio tape of interviews which will support your work (survey of why people arent politically active, for example, or examples of people who are very politically active), posters, power point presentation , skit, etc... 4) Action Plan outlining ways in which you personally plan to become a more involved and responsible citizen. 5) Presentation to the class of the above.
Assessment
This unit includes many varied assignments. I will outline my assessment strategies for only a few, although all written assignments, whether they be letters or essays or paragraphs, are graded by more or less the same standards: format adhered to, thesis or topic well developed and clear, thesis or topic supported in text, grammar and spelling, etc... Likewise, all discussions, debates, and class participation are graded similarly, all group work will be graded similarly, all note taking, etc...
Assessment of Participation in Class Discussions
Skill Percentage of Points
Contributes at least three comments, questions, etc.. 20 -should be thoughtful and intelligent 20
Is respectful of and open to differing opinions.
-should acknowledge others views20
Does not interrupt.
-waits until called on by coordinator20
Listens while others are presenting their points of view.
-hand is raised low and quiet. Student jots down planned comment quickly so that s/he may continue to listen.20
Comments are pertinent and logical.
-are in keeping with direction of discussion
-are supportable by fact or are clearly statedas opinion.20
Assessment of Essay Writing Skill Percentage of Points
Follows format assigned (example: five paragraph, research paper, etc...). 10 Well developed thesis
-Makes a statement which can be supported.
-Clear and interesting.20
Thesis supported with at least three ideas. 20 Ideas each have at least two supports (examples: quotes, facts, etc...). 15 Grammar, punctuation, and spelling. 15 Flow and transitions are smooth. 10 Developed voice or style. 10
Assessment of Group Participation
Each participant will be graded by teacher, by peers in group, and by her/himself. The three grades will be averaged to achieve final grade. This is for the group work only. If your assignment required each student to write an individual paper or response, those will be graded separately and individually.
Skill Percentage of Points Performed equal share of work.
-some of this is based on individual ability.20
Worked cooperatively with peers to resolve conflicts.
-compromise when necessary.20
Thoroughly completed assigned portion of work 20 Respectfully speaks to and listens to peers. 20 Attendance if more than one day or outside meetings required. 20 Performance Standards and District Benchmarks
This unit, American Justice and Civil Rights, is very focused on the law, education, student rights, and civic participation. It is very broad and comprehensive in its coverage of performance standards and district benchmarks. It includes a great deal of reading, interpretation, and analysis of primary documents, paragraph writing, essay writing, internet and other types of research, discussions and debates, presentation skills, letter writing, art, small and large group work, writing position papers, and plenty of critical thinking.
Because this unit covers so many performance standards and district benchmarks, I have chosen to list below only some which are covered in this unit. I have included the ones which are sometimes difficult to incorporate into your own curriculum or which are focused on a great deal in the unit.
Content Standard 1: Performance Standards: 1) Oral presentations skills
2) Formal written proposal for organization outside of school
3) Multimedia presentation
5) Gathering data, restating and summarizing, evaluationContent Standard 2: Performance Standards: 1) Team work
2) Schedule self, meet deadlinesContent Standard 3) Performance Standards: 1) Read, evaluate, and apply a variety of materials
Content Standard 4: Performance Standards: 1) Interviews
Content Standard 5: Performance Standards: 1) Present individual beliefs or opinions
7) Persuasive writing
8) Reflective writingContent Standard 6: Performance Standards: 1) Grammar, paragraphs, presentation
2) Cursive use
3) Keyboard useContent Standard 7: Performance Standards: 1) Understanding the impact of an authors choice of words
Content Standard 8: Performance Standards: 1) Reading in historical context
Content Standard 9: Performance Standards: 1) Discussion of varied opinions
Content Standard 10: Performance Standards: 2) Word Processing
Sources
Teacher Reading List
Epstein, Lee and Thomas G. Walker. Constitutional Law for a Changing America. Washington D.C.: Congressional Quarterly Press, 2000.
Johnson, Thomas J., et al., eds. Engaging the Public. Lanham, Maryland: Rowan and Littlefield, 1998.
Kozol, Jonathan. Amazing Grace. New York, NY: Crown Publishers, 1995.
Kozol, Jonathan. Race and Class in Public Education. Alternative Radio, October 23, 1999.
Available through: Alternative Radio
P.O. Box 551
Boulder, CO. 80306
1-800-444-1977Kozol, Jonathan. Savage Inequalities. New York, NY: Crown Publishers, 1991.
Maier, Pauline. American Scripture. New York, NY: Vintage Books, 1997.
Sowell, Thomas. Civil Rights: Rhetoric or Reality? New York, NY: William Morrow, 1984.
Zinn, Howard. A Peoples History of the United States 1492-Present. New York, NY: Harper Perennial. 1995.
Student Reading List
"Drug Tests in Texas Civil Liberties." April 27, 2000 www.civilliberty.about.com..
Article referring to a Supreme Court case involving a school in Texas which has made it mandatory policy that all students will be subjected to urine tests or face expulsion.Kozol, Jonathan. Amazing Grace. New York, NY: Crown Publishers, 1995: 147-160.
Kozol, Jonathan. Savage Inequalities. New York, NY: Crown Publishers, 1991. 83- 132.
Jonathan Kozol is a well known and respected educator, as well as a writer and educator whose work focuses primarily on inequalities within the public education system. He highlights the lives of particular children and families, and the realities of their experiences in school. He believes that race and class are still factors by which we segregate our public schools.Kozol, Jonathan. Race and Class in Public Education. Alternative Radio. October 23, 1999.
Lecture given to the teachers of New York Public Schools. Addresses issues of race and class and the differences in financial resources between "rich" schools and "poor" ones.Sowell, Thomas. Civil Rights: Rhetoric or Reality? New York, NY: William Morrow. 1984: 61-72.
Chapter "From School Desegregation to Busing" discusses Brown v. Board of Education and the reality that issued from the Supreme Court ruling. It was many years before desegregation became a reality, and many would argue that it still is not. Sowell presents differing sides of the issue.Strossen, Nadine. "My So-called Rights." Voxcap Network. www.IntellectualCapital.com.September 30, 1999.
Article addressing the "violation" of students Constitutional rights by the public schools.Universal Declaration of Human Rights. General Assembly of the United Nations. 1948
In 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The assembly called upon all member countries to publicize it and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries and territories."Zinn, Howard. "The Bill of Rights." The Zinn Reader. New York, NY: Seven Stories Press. 1991.
Essay explaining that all rights which have been attained by the people have been fought for. Encourages participation in and awareness of our governmental system.All Law cases can be found on internet site: http://laws.findlaw.com/ .
Many of these cases, as well as others dealing with similar issues, can be found in teachers supplementary materials for Government textbooks. Here is a good one:Terry, Michael J. Government in America: Supreme Court Decisions. Boston, Massachusetts: Mc Dougal Littell/Houghton Mifflin, 1996.
Bishop v. Colaw, 1971.
Brown v. Board of Education of Topeka, 1954.
Engel v. Vitale, 1962.
Epperson v. Arkansas, 1968.
Lemon v. Kurtzman, 1971.
Marbury v. Madison, 1803.
McCollum v. Board of Education, 1948.
Plessy v. Ferguson, 1896.
Tinker v. Des Moines School District, 1969.
Veronia School District v. Acton, 1999.
Wallace v. Jaffree, 1985.
West Virginia Board of Education v. Barnette, 1943.
Widmar v. Vincent, 1981.
Wisconsin v. Yoder, 1972.
Zorach v. Clausen, 1952.This list seems overwhelming, but keep in mind that many of these court cases will be read in groups with each student reading only one or two an summarizing them for their peers.