Consolidated Unit Plan

Dr.
Hardigree Jeff Gross

EDU 712 11/25/2019
Unit Plan Overview
The accompanying plans comprise a 5-lesson unit proposed for a 12th grade honors social studies class
entitled Landmark Supreme Court Cases of the 21st Century.
Each lesson plan submitted (in the Iona college template) is dedicated to a specific literacy area (as stated in
the assignment), with specific New York State standards (learning goals), and prerequisite standards identified.
The topic of each lesson will be a specific Supreme Court Case. Below is an updated graphic organization of the
unit plan.
Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5

(reading) (writing) (vocabulary) (oral)* (reading)
Page 2 Page 6 Page 10 Page 14 Page 20
Case Obergefell v Shelby County v Sebelius v Heller v Citizens United v
Hodges Holder National Federation District of Columbia Federal Election
of Independent Commission
Business
Issue Marriage Equality Voting Rights Obamacare Gun Rights Campaign Finance
Content Constitution States’ Rights Judicial Review Bill of Rights Judicial Activism
Evolves
Literacy Analyze in detail a Introduce precise Determine the Initiate and Compare the points of
series of events claim(s), distinguish meanings of words participate view of two or more
Standards described in a text; the claim(s) from and phrases as they effectively in a range authors in their
determine alternate or opposing are used in a text, of collaborative treatments of the same
whether earlier claims, and create an including discussions (one-on- or similar topics,
events caused later organization that vocabulary one, in groups, and including which details
ones or simply establishes clear describing political, teacher-led) with they include and
preceded them relationships social, or economic diverse partners on emphasize in their
between the aspects of grades 9-10 topics, respective accounts.
claims(s), history/social texts, and issues, Assess the extent to
counterclaims, studies. building on others’ which reasoning and
reasons, and ideas and expressing evidence in a text
evidence their own clearly and support the author’s
persuasively claim
Teaching Scaffolding based Scaffolding based on Civics vocabulary: Small group Chunking key passages
on identifying identifying related Terms pertaining to discussion inner from the decision
the related items from items from a Healthcare and circle, large group interspersed between
material a timeline. timeline timeline. insurance. live chat , outer guided practice and
circle. independent practice.
Action Adjunct Display Exit Slips Word Grids, Collaborative Question the Author
Strategy Semantic Feature Discussion
Analysis
* Materials for Lesson 4 include a true recording of the opinion of the court, and dissent exposing students to
exemplary oratory demonstrations by ideologically opposed Supreme Court Justices
(Antonin Scalia, John Paul Stevens). https://www.youtube.com/watch?v=0oCiZMrHtuc
1
Lesson 1:
Preliminary Information
Lesson 1 of 5 Date: Spring, 2020
Grade:12 Course/Subject: Landmark Supreme
Number of Students: 20 Court Decisions of the 21st Century
/Social Studies
Central Focus of the Learning Segment: Period or block of time estimated
duration:
Where in the Learning Segment does this Structure(s) or grouping for the lesson
lesson occur?: (check all that apply):
Beginning of the unit Middle of the unit Whole class
End of the unit
1. What are your goals for student learning and why are they appropriate for these
students at this time?
Big idea or concepts being taught (What is the central focus of the lesson?)
Decisions of the Supreme Court reflect the Constitution as a “living document” where
“democratic principles continue to evolve, and rights are extended to incremental
groups including those who previously faced discrimination.”
Lesson 1: Obergefell v Hodges: Supreme court recognizes marriage equality and

vacates state laws banning same sex marriage.
Prior knowledge and conceptions (What knowledge, skills and/or academic
language must students already know to be successful with this lesson?)
Prior knowledge Satisfaction of New York State Grades 9-12 Social Studies
Framework through Grade 11
Prior skills Ability to cite specific textual evidence to support analysis of primary and
secondary sources, attending to such features as the date and origin of the
information.
Determine the central ideas or information of a primary or secondary source; provide
an accurate summary of how key events or ideas develop over the course of the text.
Prior academic language

11.2 d Judicial Review (Marbury v Madison),Separation of Powers Branches of
Government,
Student learning goals/objectives (Identify 1 or 2 goals for students. How you will
communicate the goals to your students?)
1. Analyzing in detail a series of events and demonstrate an ability to determine
the extent to which earlier events caused later events rather than only
preceding them.
2. Expansion of rights to individuals not previously recognized as entitled to

same. This expansion is effectuated more often by the judiciary branch of
government than by the legislative or executive branches.
Standards (List the [Core] Standards that connect to your goals.)
Academic Language Demands (Identify academic language: particular
words/phrases that are essential to understanding the content of this lesson.) 12.g. 1.
2
D The interpretation and application of American democratic principles continue to
evolve and be debated.
12.G2d The definition of civil rights has broadened over the course of United States
history, and the number of people and groups legally ensured of these rights has also
expanded. However, the degree to which rights extend equally and fairly to all (e.g.,
race, class, gender)
Academic Language Demands (continued) vocabulary:

Petitioner, Respondent, protected interest, equal protection, miscegenation,
2. How will you know and document the extent to which students make progress
towards or meet your goals?
Expectations for student learning (What are your expectations for performance?
Specifically describe expectations for each of the following: exceeds expectations,
meets expectations, and below expectations.) Exceeds Expectations: Students can
link the concept of Judicial review (Marbury vs. Madison) to the example case
(Obergefell), correctly noting cases in between.
Meets Expectations: Explain at least 2 events that preceded and “paved the way” for
the Obergefell decision as well as the act of Congress that it overturned.
Below Expectations: Students are unable to demonstrate an understanding of the

link between Obergefell and previous rulings or acts of Congress.
Evidence and Assessment of student learning (What is your assessment and how
will you know whether students are making progress towards your learning goal(s) for
each of the following: exceeds expectations, meets expectations, and below
expectations.) https://quizlet.com/119128897/obergefell-v-hodges-flash-cards/
3. How will you support your students to meet their goals?

Launch/Hook (How will you get the lesson started? What questions, texts, modeling
and/or other techniques will you use to engage students?) 1:57 video where President
Obama announces the decision with background of repeal of Don’t Ask Don’t tell, and
refusal to defend Defense of Marriage Act (DOMA)
https://www.youtube.com/watch?v=nCLtycb7yYQ
Explore (How will students engage with ideas/texts to develop understandings; what
questions will you ask; how will you promote student questioning/generation of
discussion; how will you address the academic language demands? Detail your plan.)
Please refer to the Timeline for this lesson plan (and/ or illustrations below).
Please note that every lesson in this unit plan will include a similar demonstration
using the interactive timeline constructed from Preceden, an on-line vendor.
https://www.preceden.com/timelines/518886-pathway-to-marriage-equality
1. Mini-Lesson: Using the visual aid of Adjunct display (literary strategy) instructor
will touch upon the most basic events across 3 broad categories in a timeline
from the Bill of Rights to the present day explaining which cases influenced
future rulings.
2. Assessment: In a discussion of events on the timeline, students are asked to

identify which events originate from
3
a. Executive Branch or Society in General
b. The legislative branch
c. The Supreme Court
3. Guided Practice:
3A Students are divided into 3 groups representing the branches of
government (2a, 2b, 2c above) and are guided to identify which “events”
belong to their group.
Example: In the very center of the timeline, an event (in orange) reads,
“Miscegenation laws 1868”. Students are guided to identify this event as an act of
congress, (group b).
Explore (Continued) (How will students engage with ideas/texts to develop
understandings; what questions will you ask; how will you promote student
questioning/generation of discussion; how will you address the academic language
demands? Detail your plan.)
3B Instructor draws a circle around events that link between categories A

and B that are linked Supreme Court Cases by drawing circle around the
Supreme Court case (C) and a line between them. Example: Students in
group b are guided to correctly identify the 14th amendment as an act of
Congress, and link the event to a Supreme Court case by drawing a circle
around both events and a line between them. (please refer to final illustration
below).
4. Independent Practice: Students complete 3A and 3B (above) on their own.

.
Closure (How will you bring closure to the lesson?) video from the announcement
. https://www.youtube.com/watch?v=jkHz-EaWxCY
Differentiation (How will you provide successful access to the key concepts for all
students at their ability levels and according to their identified needs in the Context for
Learning?)
Timeline Presentation for students
Extension (How will you extend this lesson?)
Example: Students will have to complete a homework assignment that will include a
reading
. Students may choose a case presently before the Supreme Court and not only
argue for or against a ruling but cite what they learned in these cases to predict the
ruling.
What ifs? (Be proactive. Consider what might not go as planned with the lesson.
What will you do about it?)
1. Contingency: Religious argument where questions of morality or religious freedom
emerge.
Response: Broad statement that we respect all religious views by not
evaluating them.
2. Contingency: Explicit Terminology (Sodomy)
4
Response: Substitute term: Homosexuality
Research/Resources and Materials
1. Scotus toons https://www.youtube.com/watch?v=A0lJD39SZAM
2. Justice Kennedy decision page 23-28
https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
3. Justice Roberts dissent page 1-4
Lesson Plan Template, Updated Fall 2016
edTPA
Illustrations: https://www.preceden.com/timelines/518886-pathway-to-marriage-equality
Complete timeline will be available for students with further details available, notice that adjunct
displays within each category are provided. The visual aid supports the concentration of progress in
recent years as well as increased interrelatedness of events within the judicial branch (as would be
expected given the nature of the weight of precedent in the law).
5
Lesson Plan 2:
/Social Studies
duration:
Beginning of the unit Whole class
Middle of the unit
End of the unit
12.G1e The powers not delegated specifically in the Constitution are reserved to the
states. Though the powers and responsibilities of the federal government have
expanded over time, there is an ongoing debate over this shift in power and
responsibility
Lesson 2: Holder v Shelby County Alabama (2013): Supreme Court strikes down the
most important provisions of The Voting Rights Act of 1965 (preclearance). Justice
Ginsburg further crafts the art of dissent.
Students are introduced to the fact that the job of the court is not to do the most
good for the most people, but to rule on the merits of the case before them according
to statute and precedent. We are also introduced to the ongoing debate between
“strict constructionism” and “judicial activism”.
Prior knowledge
Satisfaction of New York State Grades 9-12 Social Studies Framework through Grade
11
Prior skills
Ability to cite specific textual evidence to support analysis of primary and secondary
sources, attending to such features as the date and origin of the information.

11.2 d Judicial Review (McCulloch v Maryland), Separation of Powers
Branches of Government,
3. Literacy: Introduce precise claim(s), distinguish the claim(s) from alternate or
opposing claims, and create an organization that establishes clear
relationships between the claims(s), counterclaims, reasons, and evidence
6
4. 12 G 3 B The right to vote, a cornerstone of democracy, is the most direct way
for citizens to participate in the government. A citizen must register to vote, and
may register as a party member or select the status of independent.

12.G4b Allowing citizens to vote does not ensure that a system is a democracy.
Open, safe, and honest elections are essential to a democratic system. Engaged and
informed citizens should know the mechanics associated with voting, including when
major local, state, and national elections are held, how to register to vote, who
currently holds each office, who is running for office, and what the central issues are
pertaining to that election
12 G e Students will examine the rights and protections provided by the Bill of Rights
and to whom they initially applied.

words/phrases that are essential to understanding the content of this lesson.)
Academic Language Demands (continued)
vocabulary:
Voting Rights Act, Preclearance, Dissent, Voter ID laws, voter suppression, poll tax
Grandfather Clause, Judiical Activism, Strict constructionism, statute
meets expectations, and below expectations.)
Exceeds Expectations: Students can articulate Chief Justice Roberts argument
finding for The Petitioner even though preclearance itself is not unconstitutional.
Meets Expectations: Students can link preclearance to Voting rights
Below Expectations: Students are unable to link voting rights to civil righs
expectations.)
https://quizlet.com/170571305/test short answers, multiple choice and True/ False
only
and/or other techniques will you use to engage students?)
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https://www.preceden.com/timelines/520312
5. Mini-Lesson: Using the visual aid of the Preceden timeline, instructor will
explain key points on the timeline.
Explore (continued) (How will students engage with ideas/texts to develop
understandings; what questions will you ask; how will you promote student
questioning/generation of discussion; how will you address the academic language
demands? Detail your plan.)
6. Guided Practice: Students are divided into 3 groups representing the

alphabetized points Judicial, Legislative, Executive branch or society in
general and guided to identify which “events” belong to their group, followed by
one or two correct “placements.”
7. Independent Practice: Students re-build the timeline with each group entering
their respective “events” at the appropriate point.
8. Exit Slips (see details below)
Example: The “judicial group” will properly place “Brown vs. The Board of
Education” in their category of the timeline at 1954.
Closure (How will you bring closure to the lesson?)
https://www.youtube.com/watch?v=71VIhicSTNg
Learning?)
Timeline Presentation for students Sophistication of Exit Slip prompts
reading
. Students may choose a case presently before the Supreme Court and not only
argue for or against a ruling but cite what they learned in these cases to predict the
ruling.
Contingency:
Discussions about race frequently invoke racist terminology that may upset students
and parents.
Response:
Students are advised before any discussions that racist utterances are not permitted
despite language that might appear in the texts or in this discussion, and that
consequences are unchanged from any other school day.
4. Opinion of the Court page 1-15 https://www.supremecourt.gov/opinions/12pdf/12-
96_6k47.pdf
8
5. We gave You a Chance: Today’s Shelby County decision in plain English , SCOTUS Blog
Jun 25, 2013
6. It’s Time for a New voting Rights Act by Janell Ross , The New Republic, Nov 13, 2018
edTPA
Exit Slips:
EASY EXIT SLIP PROMPTS
1. When were voting rights expanding in America? (explain)
2. Which branch of Government has contributed most to the expansion of voting rights?
3. Which Constitutional clause or amendments most support the decision?
4. Which Constitutional clause or amendments most oppose the decision?
5. Does the Supreme court want to make it harder to vote?
9
Lesson Plan 3:
/Social Studies
duration:
Middle of the unit
End of the unit
12.G1e The powers not delegated specifically in the Constitution are reserved to the
states. Though the powers and responsibilities of the federal government have
expanded over time, there is an ongoing debate over this shift in power and
responsibility
Lesson 3: Sebelius vs. National Federation of Independent Business (2012):

Supreme Court affirms the Constitutionality of The Affordable Care Act (Obamacare)
in a surprise 5/4 decision after the US Senate passed the bill by a single vote.
Students are introduced to the major debate of the 21st century between “big
government,” and “small government, as well as the specifics of how health insurance
works.
Prior knowledge
11
Prior skills
Ability to cite specific textual evidence to support analysis of primary and secondary
sources, attending to such features as the date and origin of the information.

11.2 d Judicial Review, Interstate Commerce Clause (Gibbons v Ogden), Separation
of Powers Branches of Government,
10
5. Determine the meanings of words and phrases as they are used in a text,
including vocabulary describing political, social, or economic aspects of
history/social studies.
1. 12.G1c Limited government is achieved through the separation of powers

between three different branches. The system of checks and balances is part
of this limited government structure at all levels of government.

12.G4b Allowing citizens to vote does not ensure that a system is a democracy.
Open, safe, and honest elections are essential to a democratic system. Engaged and
informed citizens should know the mechanics associated with voting, including when
major local, state, and national elections are held, how to register to vote, who
currently holds each office, who is running for office, and what the central issues are
pertaining to that election
12.G2c An independent judicial system is an integral part of the process that

interprets and defends citizens’ freedoms and rights. Issues pertaining to the flexibility
of judicial interpretation and the impartiality of justices in practice are continued
sources of public debate.
12.G5d Active and engaged citizens must be effective media consumers in order to
be able to find, monitor, and evaluate information on political issues. The media have
different venues, which have particular strengths and serve distinct and shared
purposes. Knowing how to critically evaluate a media source is fundamental to being
an informed citizen.

premium Affordable care act 10 Essential health benefits
deductible Medicare preventive care
copayment individual mandate Health Insurance
pre-existing conditions Medicaid expansion subsidies
health savings account
medical bankruptcy
Dependent coverage for young adults
11
Exceeds Expectations: Students master all of the key vocabulary terms associated
with the Obamacare debate.
Meets Expectations: Students correctly recognize the semantic features across key
vocabulary words .
Below Expectations: Students emerge from the lesson with no gains in vocabulary.
expectations https://quizlet.com/196433107/test
and/or other techniques will you use to engage students?)
https://www.youtube.com/watch?v=vfKgABPe__g
This lesson will focus more on the vocabulary strategy and linked in-class reading
rather than the series of precedents that brought the court to this opinion.
In-class reading stopping to complete word Grids Semantic Feature Analysis

(please see below)

https://www.youtube.com/watch?v=ipBqWYUwAjA
Learning?)
reading
Students may choose a case presently before the Supreme Court and not only argue
for or against a ruling but cite what they learned in these cases to predict the ruling.
Contingency:
Discussion could easily sink into a pro-Trump, anti-Trump debate.
Response:
Unlike other lesson plans in the unit, this one primarily addresses vocabulary which in
and of itself is not politically partisan.
12
13
Lesson Plan 4
/Social Studies
duration:
Middle of the unit
End of the unit
Lesson 4: Heller vs. The District of Columbia (2008) (Gun rights) : In an issue rarely
addressed by the Supreme Court, a prohibition on handguns in the District of
Columbia is found unconstitutional, while future potential litigants are warned that the
2nd amendment does not remove all limits on all weapons for all citizens.
While the bill of rights protects certain gun rights, what better place is there than a
school to address the issues in this epic conflict?
As this lesson embeds an oral strategy, take notice of the eloquence of Supreme
Court Justices (Scalia and Stevens) in classic opposition to one another.

Prior knowledge
Prior skills Adapt speech to a variety of contexts and tasks, demonstrating a

command of formal English when indicated or appropriate.
Present information, findings, and supporting evidence clearly, concisely, and logically
such that listeners can follow the line of reasoning and the organization, development,
substance, and style are appropriate to purpose, audience, and task.

14
11 2 c Under the new Constitution, the young nation sought to achieve national
security and political stability, as the three branches of government established their
relationships with each other and the states
Student learning goals/objective(and standards): (Identify 1 or 2 goals for
students. How you will communicate the goals to your students?)
1. Initiate and participate effectively in a range of collaborative discussions with
diverse partners topics, texts, and issues, building on others’ ideas and
expressing their own clearly and persuasively.
2. Overview of the gun rights debate.
3. 12.G1c Limited government is achieved through the separation of powers

between three different branches. The system of checks and balances is part of
this limited government structure at all levels of government.
4. 12.G1f The Constitution includes a clearly defined and intentionally rigorous

process for amendment. This process requires state and federal participation,
and allows the Constitution to evolve and change

2nd amendment, self-defense in the home well-regulated militia
Interpretive difficulty
Exceeds Expectations: Students can explain the conflict between constitutional
amendments on each side of the argument (Heller/2nd amendment), vs (DC 10th
amendment)
Meets Expectations: Students can explain either side of the “gun control” debate.
Below Expectations: Students are unable to link either side of the debate to the
constitution.
expectations Instructor will assess students by observing their verbal or written
participation in the collaborative discussion, according to the criteria described above
(exceeds expectations, meets expectations, etc.)
Launch/Hook (How will you get the lesson started? What questions, texts, modeling and/or other
techniques will you use to engage students?)
A. Prior to reading the rules of engagement (below) instructor projects 9 enumerated points
from the assigned Morningside reading (below) students will go around the room reading
each point.
B. Repeated exercise reading Annotated NRA position (below).
15
Explore (How will students engage with ideas/texts to develop understandings; what questions will
you ask; how will you promote student questioning/generation of discussion; how will you address
the academic language demands? Detail your plan.)
In-class Collaborative Conversation (Fisher, Brozo, Frey, & Ivy page 17)
1. Teacher re-reads the rules of engagement (page 17)
2. Students are advised that everyone will be assessed according to their participation in the
collaborative conversation or group chat.
3. Students are seated in an inner-circle, and outer-circle fishbowl configuration (see model
below).
4. Inner-circle students will engage orally in the collaborative conversation. They may bring
notes, but not electronic devices with them.
5. …..while outer circle students will communicate in a real-time group chat using “packet” or
similar application. They may respond to the verbal discussion going on in the inner circle,
but they may not verbally engage the discussion.
6. Students may raise their hand and “tag in” from the outer circle to the inner circle or “tag out”
from the inner circle to the outer circle as needed.
7. All students are required to participate in the inner circle and the outer circle at least once.
https://www.youtube.com/watch?v=KjlT4BME2aE Switzerland: So many Guns, no Mass Shootings
Differentiation (How will you provide successful access to the key concepts for all students at their
ability levels and according to their identified needs in the Context for Learning?)
Example: Students will have to complete a homework assignment that will include a reading
Students may choose a case presently before the Supreme Court and not only argue for or against
a ruling but cite what they learned in these cases to predict the ruling.
What ifs? (Be proactive. Consider what might not go as planned with the lesson. What will you do
about it?)
Contingency:
One of the most controversial issues of our time entails the risk triggering emotional responses
outside of the rules of engagement.
Response:
Students are reminded that their best opportunity to deliver their views and maximize their grades
will be through appropriate participation in the simultaneous discussions.
More leeway will be granted to outer circle participants (writing) than to participants in the inner
circle discussion. This way if the engagement becomes heated, there will be no accompanying
inappropriate volume or “talking over” one another.
16
1. (Essential) 24-minute “video” with actual recorded testimony of the opinion of the court
delivered by Justice Antonin Scalia (1936-2016) and dissent from Justice John Paul Stevens
(1920-2019). Both monologues are stunningly articulate oral presentations.
https://www.youtube.com/watch?v=0oCiZMrHtuc
2. 4 student readings with entries from the NRA and the Brady Center,
https://www.morningsidecenter.org/teachable-moment/lessons/guns-and-constitution-3-lessons-
high-school-students
3. Re-reading of the bill of rights https://constitutingamerica.org/bill-of-

rights/?gclid=CjwKCAiAzuPuBRAIEiwAkkmOSDODZQv1EL5WB3S96l84uBFvnrPYMJoJKFb0b1rkvf5KOe
Q5FhyGExoCEWwQAvD_BwE#toggle-id-11

edTPA
Please see 3 exhibits below:
1. Morningside Fact sheet on Guns and violence.

2. View of the National Rifle Association
3. Fishbowl model
*Morningside Student Reading 1: A Fact Sheet on Guns and Violence*
1. In 1998, 3,792 American children and teenagers died by gunfire.
2. In the school year 1998-1999, 3,500 students were expelled for bringing a gun to
school.
3. Death by firearms for American kids 14 and under is nearly 12 times higher than it is for
kids in 25 other industrialized nations combined.
4. For every American kid killed with a gun four more are wounded.
5. From 1993-1997 there was an average of 1,621 murders by Americans under 18.
6. More than 11,000 murders with firearms are committed yearly in the U.S.
17
7. About 30,000 Americans die yearly from gunshots—murders, suicides, accidental
shootings.
8. Many states, including New York and Pennsylvania, do not hold adults responsible if
they leave loaded guns around children and do not have any safety standards for the
child-safety locks that are sold with guns.
9. Texas does not restrict gun possession by children, allows the purchase of as many
handguns at a time as a purchaser wants and permits people to carry hidden handguns in
public.
View of the National Rifle Association
a) "The language and intent of the framers of the Second Amendment were perfectly
clear two centuries ago. Based on the English Common Law, the Second
Amendment guaranteed against federal interference with the citizen's rights to keep
and bear arms for personal defense.
b) Too, the revolutionary experience caused our forebears to address the need for the
people to maintain a citizen-militia for national and state defense....An armed
citizenry instead of a standing army was viewed as preventing the possibility of an
arbitrary or tyrannical government.
c) "....James Madison, who noted in the Federalist Papers that Americans had 'the
advantage of being armed,' which was lacking in other countries, where the
governments are afraid to trust the people with arms," authored the Second
Amendment. It was based on the Virginia bill of rights—and similar protections
against state interference with that fundamental right....
d) "Since the adoption of the Second Amendment...there have been two methods of
trying to destroy that fundamental freedom. The anti-gunners' first approach is,
simply, to deny that a key provision of the Bill of Rights was ever intended to protect
individuals. They can never cite an 18th century source for their claim that the Bill of
18
Rights, or any provision of it, was intended to protect the 'rights' of anyone but
individuals....Sometimes they also allege that modern firearms were unforeseen.
e) The second—and in some ways more serious—threat to our freedoms is the

incremental approach. Some lawmakers have deserted gun owners, claiming to
support the right to keep and bear arms but also saying that right must be 'balanced'
with the needs of society as a whole. Some also claim that banning certain guns, or
parts of guns, or features of guns doesn't constitute a serious infringement of rights.
They claim society's 'greater good' outweighs the individual right to own a semi-auto
with a large-capacity magazine, or a large capacity magazine itself, or...
f) "For 130 years the National Rifle Association has stood in opposition to all who step-
by-step would reduce the Second Amendment right to keep and bear arms to a
privilege granted by those who govern.
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Lesson Plan 5
Lesson 5 of 5 Date: Spring 2020
Grade: 12 Course/Subject: Landmark 21st Century
Number of Students: 20 Supreme Court cases/Social Studies
duration:
Middle of the unit Small group
End of the unit x One-to-one
Other (please specify)
Big idea or concepts being taught (What is the central focus of the lesson?
Judicial Activism vs. Judicial Restraint
Prior knowledge 11 2 c Under the new Constitution, the young nation sought to
achieve national security and political stability, as the three branches of government
established their relationships with each other and the states
Prior skills Respond thoughtfully to diverse perspectives, summarize points of

agreement and disagreement, and, when warranted, qualify or justify their own views
and understanding and make new connections in light of the evidence and reasoning
presented.
Seek to understand other perspectives and cultures and communicate effectively with
audiences of individuals from varied backgrounds.
Integrate multiple sources of information presented in diverse media or formats (e.g.,

visually, quantitatively, orally), evaluating the credibility and accuracy of each source.
Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric,
identifying any fallacious reasoning or exaggerated or distorted evidence.

Judicial Review, Settled Law, Marbury v Madison, Poll Tax
Peaceful Transfer of Power, Free Speech
1. Legislative timeline from 1900-2010 where Congress sought to reduce the role
and influence of money in politics.
2. The mantra of Judicial Restraint (where Congress makes laws, and the court
interprets their constitutionality.
20
3. This case contradicts both precepts.
12G2c An independent judicial system is an integral part of the process that interprets
and defends citizens’ freedoms and rights. Issues pertaining to the flexibility of judicial
interpretation and the impartiality of justices in practice are continued sources of
public debate.
12G4e Citizens participate in civic life through volunteerism and advocacy, including
efforts such as contacting elected officials, signing/organizing petitions, protesting,
canvassing, and participating in/organizing boycotts
12.G2b The Constitution aims to protect, among other freedoms, individual and group
rights to freedom of speech, freedom of the press, freedom of assembly, freedom of
petition, and freedom of religion. The extent to which these ideals exist in practice and
how these protections should be applied in a changing world continues to be an issue
of ongoing civic debate.
Judicial Restraint Judicial Activism, Corporations Free Speech
Corruption Favoritism Access Quid-Pro-Quo
Exceeds expectations: Students can defend (regardless of their view on the case),
the “free speech” argument inherent in citizens.
Meets expectations: Students can describe the case against citizens (regardless of
their view on the case) Which is a much less nuanced requirement.
Below expectations: Students are unable to articulate either position or the role of
money in our elections.
expectations.)
https://quizlet.com/93780001/test
Student feedback (How will you provide students with feedback?)
and/or other techniques will you use to engage students?) intro video:
https://www.youtube.com/watch?v=4J5Zx5YotBU
Reading Comprehension Strategy: Question The Author (Please see below)
21
https://www.youtube.com/watch?v=0ZrANnq3OaM A rare public confrontation between the
executive and the judicial branch of Congress.
Learning?)
1. Students are encouraged to review the other 4 cases (lessons) and address the
extent to which rulings were akin to Judicial Activism or Judicial Restraint..
2. Students are encouraged to review currently pending cases before the Supreme
Court and render a theoretical ruling based on any of the ideas presented in this unit
plan.
This case was a complete travesty with devastating impact on the viability of the
Republic and this instructor will NOT pretend otherwise.
Contingency: Parents or administration may complain that instructor is engaging in

delivering a partisan political view (when a more balanced presentation is purportedly
in order)
Resolution: Students are invited to disagree with the instructor and will be given the
utmost consideration in making their case and rewarded with extra credit for doing so
provided that they accurately reflect attainment of the learning goals in this unit.
1. (before class) Article: Understanding Campaign Finance Law (written by a high
school senior: https://www.pbs.org/newshour/extra/2016/06/understanding-
campaign-finance-law/
2. Thought co. What is Judicial activism?

https://www.thoughtco.com/judicial-activism-definition-examples-4172436
3. actual recording of opinion and dissent

https://www.youtube.com/watch?v=HzPDE5HZwDE

edTPA
Passages from the Ruling of the court (To be read in class in chunks for Questioning The
Author)
1. This reasoning also shows the invalidity of the Government’s other arguments. It
reasons that corporate political speech can be banned to prevent corruption or its
appearance. The Buckley Court found this rationale “sufficiently important” to
allow contribution limits but refused to extend that reasoning to expenditure
limits, 424 U.S., at 25, and the Court does not do so here. While a
single Bellotti footnote purported to leave the question open, 435 U. S., at 788, n.
22
26, this Court now concludes that independent expenditures, including those made
by corporations, do not give rise to corruption or the appearance of corruption.
That speakers may have influence over or access to elected officials does not
mean that those officials are corrupt. And the appearance of influence or access
will not cause the electorate to lose faith in this democracy. Caperton v. A. T.
Massey Coal Co. , 556 U. S. ___, distinguished. Pp. 40–45.
2. It is not judicial restraint to accept an unsound, narrow argument just so the Court can avoid
another argument with broader implications. Indeed, a court would be remiss in performing its
duties were it to accept an unsound principle merely to avoid the necessity of making a
broader ruling. Here, the lack of a valid basis for an alternative ruling requires full consideration
of the continuing effect of the speech suppression upheld in Austin.
3. The appearance of influence or access, furthermore, will not cause the electorate to lose faith
in our democracy. By definition, an independent expenditure is political speech presented to
the electorate that is not coordinated with a candidate. See Buckley, supra, at 46. The fact that
a corporation, or any other speaker, is willing to spend money to try to persuade voters
presupposes that the people have the ultimate influence over elected officials. This is
inconsistent with any suggestion that the electorate will refuse “ ‘to take part in democratic
Initiating Queries (get a discussion started):
o Does this make sense to you?
o What do you think the author is attempting to say here?
 Follow-up Queries (help students connect emerging meanings with their perceptions of author intention and with other ideas
in the text):
o Why do you think the author chose to use this phrase or wording in this specific spot?
o Did the author explain this clearly?
o Did the author tell us why?
o Why do you think the author tells us this now?
 Narrative Queries (help students think about character and craft):
o How do things look for this character now?
o How has the author let you know that something has changed?
o How has the author settled this for us?
Instructor’s suggested Questions:
1. This Court now concludes that independent expenditures, including those made by
corporations, do not give rise to corruption or the appearance of corruption.
Question: How can anyone, let alone 5 powerful men between 60-80 years of age
determine the “appearance” created by their decisions. Is the majority anymore
qualified to make this claim than I am to claim that the gray in my hair does not create
the appearance of aging?
2. The appearance of influence or access, furthermore, will not cause the electorate to lose
faith in our democracy.
23
Similarly, How can the same 5 individuals determine the precise effect that their actions
will have on 120 million voters? Would we not accuse any individual making such a
claim as lacking self-awareness?
The Research-based support for Questioning The author:

At times, engaging all students with a text that they are reading can seem quite difficult. Question the Author (QtA) is a
comprehension strategy that asks students to pose queries while reading a given text, helping to solidify their knowledge and
challenge their understanding, rather than after reading. QtA, which is primarily used with nonfiction texts (but can be used
with fiction, as well), engages students with the text to create deeper meaning by allowing students to critique the authors’
writing.
This strategy aims to engage all students through discussions and interactions within the classroom. According to Beck,
McKeown, et al, the power of QtA is that the students do all of the interpretive work: “they construct the meaning, wrestle
with the ideas, and consider the ways information connects to construct meaning” (33).
Question the Author (QtA) - ReadWriteThink. (n.d.). Retrieved from

http://www.readwritethink.org/professional-development/strategy-guides/question-author-30761.html.
24

Consolidated Unit Plan

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Unit Plan Overview

Lesson 1 Lesson 2 Lesson 3 Lesson 4 Lesson 5

End of the unit

Lesson 1: Obergefell v Hodges: Supreme court recognizes marriage equality and

Prior academic language

2. Expansion of rights to individuals not previously recognized as entitled to

Academic Language Demands (continued) vocabulary:

Below Expectations: Students are unable to demonstrate an understanding of the

3. How will you support your students to meet their goals?

2. Assessment: In a discussion of events on the timeline, students are asked to

3B Instructor draws a circle around events that link between categories A

4. Independent Practice: Students complete 3A and 3B (above) on their own.

2. Contingency: Explicit Terminology (Sodomy)

Prior academic language

Standards (List the [Core] Standards that connect to your goals.)

Academic Language Demands (Identify academic language: particular

6. Guided Practice: Students are divided into 3 groups representing the

8. Exit Slips (see details below)

EASY EXIT SLIP PROMPTS

1. When were voting rights expanding in America? (explain)

3. Which Constitutional clause or amendments most support the decision?

4. Which Constitutional clause or amendments most oppose the decision?

5. Does the Supreme court want to make it harder to vote?

Lesson 3: Sebelius vs. National Federation of Independent Business (2012):

Prior academic language

1. 12.G1c Limited government is achieved through the separation of powers

Standards (List the [Core] Standards that connect to your goals.)

12.G2c An independent judicial system is an integral part of the process that

Academic Language Demands (Identify academic language: particular

In-class reading stopping to complete word Grids Semantic Feature Analysis

Closure (How will you bring closure to the lesson?)

Prior knowledge and conceptions (What knowledge, skills and/or academic

Prior skills Adapt speech to a variety of contexts and tasks, demonstrating a

Prior academic language

2. Overview of the gun rights debate.

3. 12.G1c Limited government is achieved through the separation of powers

4. 12.G1f The Constitution includes a clearly defined and intentionally rigorous

Academic Language Demands (Identify academic language: particular

3. Re-reading of the bill of rights https://constitutingamerica.org/bill-of-

Lesson Plan Template, Updated Fall 2016

Please see 3 exhibits below:

1. Morningside Fact sheet on Guns and violence.

*Morningside Student Reading 1: A Fact Sheet on Guns and Violence*

1. In 1998, 3,792 American children and teenagers died by gunfire.

View of the National Rifle Association

e) The second—and in some ways more serious—threat to our freedoms is the

Prior skills Respond thoughtfully to diverse perspectives, summarize points of

Integrate multiple sources of information presented in diverse media or formats (e.g.,

Prior academic language

Contingency: Parents or administration may complain that instructor is engaging in

2. Thought co. What is Judicial activism?

3. actual recording of opinion and dissent

Lesson Plan Template, Updated Fall 2016

Instructor’s suggested Questions:

The Research-based support for Questioning The author:

Question the Author (QtA) - ReadWriteThink. (n.d.). Retrieved from

S-ar putea să vă placă și

Morningside Student Reading 1: A Fact Sheet on Guns and Violence