Law Wise • 2013 September Issue

PUBLISHED BY THE
LAW WISE
SEPTEMBER 2013 • ISSUE 1
Editor: Kathryn A. Gardner, J.D., and Assistant Editor: Sarah Muehler
Coordinators: Hon. G. Joseph Pierron Jr.; Anne Woods & Ryan Purcell, Kansas Bar Association
Greetings from the Kansas Bar Association (KBA).
Welcome to this edition of Law Wise and the first edition of the 2013-2014 school year.
Welcome
IN THIS ISSUE
Welcome......................................................... 1
Calendar of Events........................................... 1
Celebrate Freedom Week................................ 1
iCivics Offers Constitution Unit....................... 2
Constitutional Bingo: By the Number.............. 3
Constitutional Bingo Questions....................... 3
What’s New in the Law Related
Education Collection at the Teachers
College Resource Center?............................ 4
As Americans, we have a unique history and enjoy extensive freedoms
not found in other countries. In May of 2013, the Kansas legislature passed
a new law establishing “Celebrate Freedom Week” and requiring schools
to teach K-8th grade students the history of our country’s founding, emphasizing the U.S. Constitution and the Declaration of Independence.
The law designates the week containing September 17th as “Celebrate
Freedom Week.” Do you know why the legislature chose that date? You
would if you’ve been reading previous editions of Law Wise! Since 2004,
September 17th has been recognized as Constitution Day because our
Constitution was signed on that date in 1787. See 36 U.S.C. § 106. Choosing to celebrate freedom on that date is a natural. Read on to find out
more about this new law.
Terrific Technology for Teachers....................... 4
Celebrate Freedom Week
Lesson Plan
The Importance of What is Not Said............ 5
The Ks Legislative Research Department summarizes this new law as
follows:
Lesson Plan Handout....................................... 6
Calendar of Events
Sept. 16–20, 2013 Sept. 17, 2013
elebrate Freedom
C
Week
Constitution Day
The bill designates the week containing September 17 (or any other
full school week as determined by the local school board) as “Celebrate Freedom Week,” during which public schools are required to
teach to grades kindergarten through eight the history of the country’s founding, with particular emphasis on the Declaration of Independence and the U.S. Constitution. The bill prohibits censorship of
religious references in the writings of the founding fathers when presented as part of the instruction.
On or before December 31, 2013, the State Board of Education is
responsible for adopting rules and regulations to require history and
government curriculum for grades kindergarten through eight that includes instruction on the meaning and context of the Declaration of
Independence and the U.S. Constitution, including their relationship
to the nation’s diversity by way of immigration, major wars, and social
movements in American history. The State Board of Education, along
with other volunteers, are required to promote “Celebrate Freedom
Week.”
Perhaps this focus seems unnecessary, but how many of us can recite
those critical 56 words from the Declaration of Independence that sum up
the American philosophy of freedom?
(continued on next page)
www.ksbar.org/?lawwise
2 LAW WISE | SEPTEMBER 2013
We hold these truths to be self-evident: that all men are
created equal, that they are endowed by their Creator with
certain unalienable rights, that among these are life, liberty,
and the pursuit of happiness; that to secure these rights,
governments are instituted among men, deriving their just
powers from the consent of the governed …
Did you know that before the Declaration of Independence
was adopted, the triplex of political values included life,
liberty, and property?
The new law, HB 2261, states in relevant part:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) In order to educate students about the
sacrifices made for freedom in the founding of this country and the values on which this country was founded, the
week of September containing the 17th day of such month
in each year thereafter is hereby designated as ‘‘celebrate
freedom week’’ in each public school offering any of the
grades kindergarten through eight.
(b) The state board of education, in cooperation with such
other state agencies or private entities who voluntarily participate, shall promote ‘‘celebrate freedom week’’ through
a coordinated program.
(c) For purposes of this section, Sunday is deemed to be the
first day of the week.
New Sec. 2. On or before December 31, 2013, the state
board of education shall adopt rules and regulations requiring appropriate instruction be provided as part of the
curriculum for grades kindergarten through eight on history
and government concerning the original intent, meaning
and importance of the declaration of independence and the
United States constitution, including the bill of rights of the
United States constitution, in their historical contexts. The
religious references in the writings of the founding fathers
shall not be censored when presented as part of such instruction. Such rules and regulations shall provide that the
study of the declaration of independence include the study
of the relationship of the ideas expressed in that document
to subsequent American history, including the relationship
of such ideas to the rich diversity of our people as a nation
of immigrants, the American revolution, the formulation of
the United States constitution and the abolitionist movement, which led to the emancipation proclamation and
the women’s suffrage movement. Such instruction shall be
taught during ‘‘celebrate freedom week,’’ established under
section 1, and amendments thereto, or during such other
full school week as determined by the board of education
of the school district.
Many lesson plans are available to assist you in educating
students about the sacrifices made for freedom in the founding of this country and the values on which this country was
founded. Check out those available on iCivics, as well as those
highlighted here. n
iCivics Offers Constitution Unit
In preparation for Constitution Day on September 17th
and Celebrate Freedom Week, educators may want to
consider using the iCivics Constitution curriculum unit.
Students will learn how and why our Constitution was
created and what some of its key characteristics are.
They will also explore key amendments to the Constitution and their application in protecting citizens’ rights.
http://www.icivics.org/curriculum/constitution
The Kansas Supreme Court and the Kansas Bar Association
(KBA) initiated a new effort to encourage use of an online
game-based educational curriculum – iCivics – to reinvigorate civic learning in Kansas classrooms.
iCivics is a free online civics education program started by
U.S. Supreme Court Justice Sandra Day O’Connor in 2007
following her retirement from the high court. The Kansas iCivics Coordinator, Overland Park attorney Ted J. McDonald,
Adam & McDonald P.A., is being assisted and supported by
a Kansas iCivics Advisory Committee formed at the request
of Supreme Court Chief Justice Lawton R. Nuss. The Chief
Justice is excited about the educational possibilities iCivics
offers, and he and several other state Chief Justices around
the country are very supportive of the program. The Advisory Committee includes judges, teachers, attorneys, other
professionals, and staff members at the Supreme Court, the
Office of Judicial Administration, the KBA, and the Department of Education. Current teacher/curriculum director committee members include Deborah K. Brown of the Shawnee
Mission Schools, and Debra Stewart and Susan Sittenauer
of the Topeka schools, and all currently use iCivics in their
work. n
Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers’ Trust
Accounts funding, provides support for this publication. Law Wise provides general information about law-related matters of interest to
teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal
advice. It is published free, on request, for teachers or anyone interested in law-related education and is edited by Kathryn Gardner, Topeka.
For further information about any projects or articles, contact Kathryn Gardner, Topeka, (785) 338-5366; or Anne Woods, public services
director, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison, Topeka, KS 66612-1806.
www.ksbar.org/?lawwise
SEPTEMBER 2013 | LAW WISE 3
Constitutional Bingo:
By the Number
Learning Objective:
The students will demonstrate their understanding of the
Constitution of the United States.
Materials:
Constitutional Bingo Questions, a Constitutional Bingo Card
for each student in the class, prizes (optional)
Teaching Strategy:
1. Give each student a copy of the Constitutional Bingo Card
(available at the website credited below). Have students
randomly write numbers 1-24 in the circles.
2. Explain to the class that you are going to read a question
about the Constitution of the United States and that students
should write the answer to the question in the corresponding numbered cell. (Every answer will be a number.) When
students have five answers or numbers in a row vertically,
horizontally or diagonally, they should call out “Constitution.” The teacher should verify the answers and award
prizes if desired. Optional: The game may continue until the
whole card is full.
Extension for Gifted/Talented:
Have students create an acrostic poem using the word
“CONSTITUTION.” They should write the word vertically
down the left side of a large piece of drawing paper. Students
should then create phrases for each line. The first letter of
each line dictates the beginning letter of the first word in each
phrase. Phrases should describe information, concepts and/or
insights represented in the U.S. Constitution.
Constitutional Bingo
Questions
1. How many amendments are there to the U.S.
Constitution? (27)
2. Which amendment gives people freedom of speech?(1)
3. How many justices are on the United States Supreme
Court? (9)
4. How many amendments are there in the Bill of Rights?
(10)
5. How many delegates attended the Constitutional
Convention? (55)
6. How many senators are in the United States Senate? (100)
7. Which amendment does not allow cruel and unusual
punishment? (8)
8. W
hat year was the U.S. Constitution ratified? (1787)
9. How many articles are there in the U.S. Constitution? (7)
10. W
hich amendment made slavery illegal? (13)
11. H
ow many senators are elected from each state? (2)
12. How many states were there when the U.S. Constitution
was written? (13)
13. How many representatives are in the U.S. House of
Representatives? (435)
14. Which amendment guarantees the right to privacy? (4)
15. What is the date in January when a new president is
inaugurated? (20)
16. How many branches of government are there? (3)
17. How many years does a member of the U.S. Senate serve
in one term? (6)
18. How many states were needed to ratify the U.S.
Constitution? (9)
19. Which amendment gave women the right to vote? (19)
20. What is the minimum age that someone can run for
President of the United States? (35)
21. What is the legal voting age? (18)
22. Which amendment states that the government cannot
force you to testify against yourself? (5)
23. Which amendment said that states must give people
the same rights as the United States or equal protection
under the law? (14)
24. What year was the Bill of Rights added to the
Constitution? (1791)
Thanks to Kathy Aldridge, the Law-Related Education
Consultant for the State Bar of Texas, 2008, for this game,
found at http://bit.ly/15qvsrj.
www.ksbar.org/?lawwise
4 LAW WISE | SEPTEMBER 2013
What’s New in the Law Related Education Collection
at the Teachers College Resource Center?
Can you feel the excitement in the air? If you are an educator, there is a feeling, probably like a power-surge, coursing
through your veins as you scramble to gather the best materials, for the most relevant lessons, that make the best use of the
valuable moments that you spend with learners! With that said,
I must remind you that here at the Teachers College Resource
Center, on the beautiful Emporia State University Campus, resides a most wondrous resource for you and your learners. It
is the small, but mighty Law-Related Education Collection. The
Kansas Bar Association has been invigorating this collection
each year with up-to-date opportunities for learners.
The following is a list of several recent additions that may
contribute to “gold standard” learning in your environment:
These topics and many others are most likely to complement
middle and high school curricula. This collection also has offerings for younger learners. We have several kits available,
two of which are “Jessica Fish Learns about Privacy,” and “The
Zookeeper Learns about Responsibility.” These kits include a
big book for sharing, and ready-made lessons.
I hope that you will allow yourself some time to peruse this
collection for the wonders that it holds. You may access it at
the following: www.emporia.edu/rescentr, or call us at 620341-5292. We do send out resources through the postal service, but then it becomes the responsibility of the borrower to
return those materials.
Allow us to help you have the best school year ever!
• “
Bill Moyer’s Journal and Collection, Beyond Hate”:
DVD set
• “The Second Amendment, The Right to Bear Arms”: DVD
• “History of the Constitution”: DVD set of 4
• “The Biography of Susan B. Anthony”: DVD
• “Symbols of America”: DVD set of 7
Janice Romeiser, [email protected]
Teachers College Resource Center/ Instructional Materials Center
Visser Hall, Room 224
9 am – 6 pm, Monday through Thursday;
9 am – 5 pm, Friday
Te r r i f i c Te c h n o l o g y
for
Te a c h e r s
In addition to the great resources available on iCivics,
check out these sites for more on Celebrate Freedom Week:
The Kansas State Department of Education’s resources
for Celebrate Freedom Week and Constitution Day
http://www.ksde.org/Default.aspx?tabid=2249
Resources for middle to high schoolers, from Texas
http://bit.ly/15Bjp9K
For the younger crowd, grades 3-5, from Oklahoma
http://slidesha.re/1ebMDns
An extensive Freedom Week Internet Resource Hotlist
is available on http://www.wtvi.com/teks/freedom.
“The American Colonist’s Library” lists links to an extensive collection of primary source documents, including many from the American Revolutionary period.
Includes works by Benjamin Franklin, George Washington, Thomas Jefferson, John Adams, and many others.
http://bit.ly/1ajYwsm
“THE FOUNDING FATHERS: Delegates to the Constitutional Convention” includes short biographies of each of the 55
delegates to the Constitutional Convention in 1787.
http://1.usa.gov/17985Wu
Learn facts about the Declaration of Independence using
the online “Jumbled Words” activity structure
http://bit.ly/1a4l7Wq
www.ksbar.org/?lawwise
SEPTEMBER 2013 | LAW WISE 5
The Im
–Lesson Pl
p o rta n c e
o f
a n
–
What
i s
Not Sa
i d
Source: http://www.dreamhistory.org/id13.html
Learning Objectives: The student will
1. Recognize that some important facts are not found in the
Constitution.
2. Understand that some facts about our government have
developed by custom or law.
Materials Needed:
Copies of the Agree/Disagree sheet for each student or group
if done in small groups; copies of the U.S. Constitution for each
student or group.
Teaching Strategy:
1. Distribute a copy of the Agree/Disagree sheet to each
student or small group of students.
2. Have students read each statement and decide if they
agree/disagree that it is in the Constitution. They should
mark their answers in either the first or second column.
3. Distribute a copy of the U.S. Constitution to each student
or small group. Review the organization of the Constitution to help them.
• Article I – Legislative branch (Congress) and limitations
on the national government and/or the state
• Article II – Executive Branch (President)
• Article III – Judicial Branch (Courts)
• Article IV – Relations among the states, admission of
new states, and obligations of the national government
to the states
• Article V – Amendment Process
• Article VI – Supreme law of the land
• Article VII – Ratification of the Constitution
4. L et them find the correct answers, and mark the second
set of Agree/Disagree statements in the 4th or 5th columns. In the last column, they should validate each final
answer.
5. Conclude the lesson by having the students express their
opinions about the idea that some key facts about our
government are not written in the Constitution.
(Handout on page 6)
www.ksbar.org/?lawwise
Disagree
9. A person can’t be convicted of a crime
unless what he/she did was against the
law at the time he/she did it.
8. The number of members of the Supreme
Court is to be 9.
7. The Speaker of the House of Representatives follows the Vice-President in succession to the Presidency.
6. The Supreme Court can declare a law
passed by Congress or an action of the
President unconstitutional using its power of judicial review.
5. There is never to be any religious test for
holding an office in the government of
the United States.
4. Political parties are to be used to nominate candidates for President and VicePresident.
3. The number of members of the House of
Representatives is 435.
2. There are no qualifications of any kind
needed for a member of the Supreme
Court.
1. A member of the House of Representatives must live in the district from
which he/she is elected.
Statement
Agree
Disagree
Validation of answer
This lesson plan is from http://www.dreamhistory.org/id13.html, an online resource guide for Teachers, Students and Parents by Magda Martinez. Check it out for more fun classroom
activities for Celebrate Freedom Week.
Agree
Directions: Read each statement below. If you agree that the statement is in the Constitution, mark “Agree” in the 1st column. If you don’t think it is in the Constitution, mark
the “Disagree” in the 2nd column. After completing all statements, review the Constitution to find the actual answer. Mark that final answer of “Agree” in the 4th column
or “Disagree” in the 5th column. Provide validation for your final answer in the 6th column.
The Importance of What is Not Said – Handout
Agree
Disagree
19. Marriages, divorces, or wills legally
made in any state must be recognized and
enforced by other states.
18. The U.S. must guarantee each state a
republican form of government.
17. Treaties between the U.S. and other nations are part of the highest law of the
land.
16. The new U.S. Constitution written in
Philadelphia had to be ratified by the
state legislatures of all 13 states at that
time for it to become official.
15. The states have seven years in which to
decide whether or not to ratify a proposed amendment to the Constitution.
14. The President must approve any proposed amendments to the U.S. Constitution.
13. No state without its consent can be denied its equal representation in the U.S.
Senate.
12. A person can’t usually be held in custody indefinitely without being told of
the charges against him/her.
11. A court is the only body that can judge
a person guilty of a crime.
10. The President has the right of executive
privilege with regards to communications between him and his advisors,
and no one can force him to reveal
these communications.
Statement
Agree
Disagree
Validation of answer