Florida Constitution and Local Government
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Learning Goal:
Students will be able to compare the structure of the Federal and State governments (Constitutions, lawmaking process, obligations and services.) 
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Benchmarks:
SS.7.C.3.4 Content Complexity: Level 2/Skills and Concepts Identify the relationship and division of powers between the federal government and state governments. SS.7.C.3.13 Content Complexity::Level 2/Skills and Concepts Compare the constitutions of the United States and Florida. SS.7.C.3.14 Content Complexity: Level 1/Recall and Reproduction Differentiate between local, state, and federal governments' obligations and services. SS.7.C.3.9 Content Complexity: Level 1: Recall and Reproduction. Illustrate the law making process at the local, state, and federal levels. SS.7.C.3.11 Content Complexity: Level 2/Skills and Concepts Diagram the levels, functions, and powers of courts at the state and federal levels. | ||
Federalism Preview
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What civics topics connect to this video that we’ve learned about? (amendments, branches of government and their powers, types of law, other SC cases about modern issues, Federalism-division of powers between federal and state governments, etc...?) |
Task 1: Federalism Venn Diagram
Article VI in the Constitution, along with Amendment 10, establishes a system where the Federal government and the states have their own powers as well as powers they share.
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Watch the video to the right and fill in the Venn Diagram below with examples of powers in each category. 
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Task 2: Types of Powers Graphic Organizer
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Read "The evolution of Systems of Government in the United States" below and the file attached to the right titled "Federalism Reading." Then, fill out the graphic organizer below in your study guides.
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Here's another example below...
There is a a federal law making marijuana illegal which is open for debate in the task below. However, the 10th amendment and reserved powers for states made it very difficult for the U.S. Congress to make a law raising the drinking age. (especially after the 18th amendment was repealed with the 21st amendment in the 1930's) However, the U.S. Government has control over highways that run through multiple states. Since there was an increasing problem with drinking and driving accidents and fatalities, the Federal government passed the National Minimum Drinking Age Act of 1984. This stated that if states didn't pass laws to raise their drinking age, then the U.S. government would take away funding for highway repair and construction from those states. The U.S. Congress has passed similar laws relating to smoking age and education that ONLY require compliance in exchange for federal funds.
There is a a federal law making marijuana illegal which is open for debate in the task below. However, the 10th amendment and reserved powers for states made it very difficult for the U.S. Congress to make a law raising the drinking age. (especially after the 18th amendment was repealed with the 21st amendment in the 1930's) However, the U.S. Government has control over highways that run through multiple states. Since there was an increasing problem with drinking and driving accidents and fatalities, the Federal government passed the National Minimum Drinking Age Act of 1984. This stated that if states didn't pass laws to raise their drinking age, then the U.S. government would take away funding for highway repair and construction from those states. The U.S. Congress has passed similar laws relating to smoking age and education that ONLY require compliance in exchange for federal funds.
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Task 3: Marijuana and The Supremacy Clause of Federalism
Marijuana currently is illegal under Federal Law. It is classified as "Schedule 1" on the "How Drugs are Classified in the U.S." chart below.
In 2012, Colorado's citizens voted to add Amendment 64 to their state constitution which legalized recreational marijuana use in the state. Nine other states around the country have done the same and 33 states allow marijuana for medicinal use with a prescription from a doctor. How is this possible? Can the federal government ban marijuana in the U.S. Constitution? (what EXPRESSED/DELEGATED/ENUMERATED power in Task 2 does Congress have that could allow them to do this?) If so, can the states say "NO?" Continue on to the directions below.
In 2012, Colorado's citizens voted to add Amendment 64 to their state constitution which legalized recreational marijuana use in the state. Nine other states around the country have done the same and 33 states allow marijuana for medicinal use with a prescription from a doctor. How is this possible? Can the federal government ban marijuana in the U.S. Constitution? (what EXPRESSED/DELEGATED/ENUMERATED power in Task 2 does Congress have that could allow them to do this?) If so, can the states say "NO?" Continue on to the directions below.
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Directions:
CLICK HERE to read about the most recent court decision on Colorado's Amendment 64 (or read the summarized version below) and DISCUSS the questions and information below:
1. What arguments are found in the article to argue against Colorado's "Amendment 64" and who made them? How does this connect to Federalism?
2. What is Colorado's argument? 3. Discuss Attorney General (head of the Executive Branch's Department of Justice) William Barr's new policy on marijuana enforcement. (remember the Executive Branch ENFORCES laws) In front of the Senate Judiciary Committee, Barr said he doesn't plan on using federal resources to "go after" companies if they are complying with state law. That would be a reversal from the approach taken by former Attorney General Jeff Sessions, who promised to pursue federal violations more aggressively. Follow the directions below: |
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Pick one of the following tasks to complete:
- Write a minimum 2 paragraph response using evidence to address the following prompt: "Do you think the Federal government should be able to ban Marijuana? Are the states breaking the law?" Explain why or why not using AT LEAST TWO of the following 5 terms: 10th amendment/reserved powers, Federalism, Supremacy Clause, expressed/enumerated/delegated powers, implied powers.
- Create a political cartoon that addresses the following prompt: "Do you think the Federal government should be able to ban Marijuana? Are the states breaking the law?" Explain why or why not using AT LEAST TWO of the following 5 terms: 10th amendment/reserved powers, Federalism, Supremacy Clause, expressed/enumerated/delegated powers, implied powers.
- Create a pros and cons chart that addresses the following prompt: What are PROS and CONS that the Federal government should be able to ban Marijuana? " Explain why or why not using AT LEAST TWO of the following 5 terms: 10th amendment/reserved powers, Federalism, Supremacy Clause, expressed/enumerated/delegated powers, implied powers.
- Create a poem/rap that that addresses the following prompt: "Do you think the Federal government should be able to ban Marijuana? Are the states breaking the law?" Explain why or why not using AT LEAST TWO of the following 5 terms: 10th amendment/reserved powers, Federalism, Supremacy Clause, expressed/enumerated/delegated powers, implied powers.
Going even further...the issues of federalism and marijuana could also impact other rights of citizens. Which amendment could relate to the federal law below?
- Looking at federal firearms statutes, under 18 U.S.C. § 922(g)(3) no person “who is an unlawful user of or addicted to any controlled substance” may “possess... or… receive any firearm or ammunition.” In addition, it is unlawful for “any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person… is an unlawful user of or addicted to any controlled substance.” Id. § 922(d)(3).
Task 4: U.S. vs Florida Constitution
Part 1:
The U.S. Constitution governs federal laws that apply to all of the states, but every state has its own Constitution as well because of the 10th amendment. They get to make laws that the Federal Government didn't specify in the U.S. Constitution.
Directions: Compare and Contrast the structure of the U.S. Constitution and the Florida Constitution by filling out the graphic organizer below in your study guides.
The U.S. Constitution governs federal laws that apply to all of the states, but every state has its own Constitution as well because of the 10th amendment. They get to make laws that the Federal Government didn't specify in the U.S. Constitution.
Directions: Compare and Contrast the structure of the U.S. Constitution and the Florida Constitution by filling out the graphic organizer below in your study guides.
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Use the following word bank of terms if you need extra help. Which terms are SIMILARITIES between the U.S. and Florida Constitution and which terms are DIFFERENCES? Is it something that only Florida or the U.S. Constitution has if its a difference?
Word Bank: power to make local governments, 3 branches of government, a Preamble, a "declaration of rights", voting/election laws, "Bill of Rights" in Amendments 1-10, power to tax (think about this one carefully...which BRANCH can do this?)
Word Bank: power to make local governments, 3 branches of government, a Preamble, a "declaration of rights", voting/election laws, "Bill of Rights" in Amendments 1-10, power to tax (think about this one carefully...which BRANCH can do this?)
Part 2:
Read the text below comparing the Executive, Legislative (and the law making process), and Judicial Branches in the U.S. and Florida Constitutions. Use this information to complete your study guide.
Read the text below comparing the Executive, Legislative (and the law making process), and Judicial Branches in the U.S. and Florida Constitutions. Use this information to complete your study guide.
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What we already know...
The levels of the Federal Court System 
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What we're learning in this unit...
The levels of the Florida State Court System (mentioned in the Florida Constitution excerpt above) 
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DIRECTIONS: Click on the picture below to read about Florida’s Supreme Court Justices and then Fill out the T-chart below that shows the similarities and differences between the Florida Supreme Court and the United States Supreme Court.
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U.S. Supreme Court Justices
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Florida Supreme Court Justices
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Part 3:
Look at the summary comparing and contrasting the Amendment Process for the United States and Florida Constitutions and follow the directions below. Complete in your study guide.
Task 5: Your State Legislature and Governor
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Click on ANY of the images then answer questions 1-9 below:
1. Enter your address and city. You can use "1341 S. Ronald Reagan Blvd" and "Longwood" for Milwee's address if you don't know yours. 2. What BRANCH of government are all of these elected representatives a part of? 3. Write down the names of your following representatives:
4. What city is Florida's state capital? (it's one of the office locations of your Florida Representatives) 5. What city is our national capital for the whole U.S.? (it's the office location for your U.S. Congressional Representatives) |
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6. FILL IN THE BLANKS BELOW USING THE WORD BANK TERMS FOR THIS QUESTION:
You've learned that FEDERALISM means the sharing of powers between federal and state/local governments. This system means that you have elected representatives at multiple levels of government. Due to the __________________________________________, YOUR Florida State House and State Senate representatives make laws that ONLY impact people living in their _____________________. Due to the___________________________________________, YOUR U.S. Congress Representative and U.S. Senators make laws that impact ALL people living in the _____________________. |
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7. CLICK HERE to find out who your Florida State Governor is and write it down.
8. What BRANCH of government is the governor the head of?
9. A governor can sign or veto a ___________. (FILL IN THE BLANK)
8. What BRANCH of government is the governor the head of?
9. A governor can sign or veto a ___________. (FILL IN THE BLANK)
Task 6: Counties Work
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Step 1:
Imagine you just woke up in the morning to get ready to go to school. From your bed to school, think of all of the ways that you might interact with local government and its responsibilities or services. (example: school buses and their drivers are paid for by property taxes and operated by Seminole County Public Schools.) Step 2: Do you want to make your community a better place to live? In Counties Work, you decide about the programs and services that affect everyone! (CLICK ON THE PICTURE TO THE LEFT TO PLAY) Your choices shape the community, and your citizens’ satisfaction determines whether you’ll get re-elected for a second term. Choose wisely. WRITE A SHORT REFLECTION: WHAT DID YOU LEARN ABOUT LOCAL GOVERNMENT FROM PLAYING COUNTIES WORK? STEP 3: Pick ONE article from the links below about issues with local government. (some links have multiple articles...you don't have to read all of them) For the article you choose to read, consider and respond to the following:
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Task 7: Should you have a "Duty to Rescue?"
CLICK HERE to read an article pertaining to federalism and answer the following questions:
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Task 8: Texting and Driving :(
CLICK HERE to read an article about texting while driving in Florida. Then, pick one of the options below to show your understanding:
1. Write a minimum 2 paragraph response using evidence (including terms like 10th amendment/reserved powers and federalism) to address the following prompt: "Do you think Florida should make texting while driving a primary offense? Explain why or why not." 2. Create a political cartoon that incorporates evidence (including terms like 10th amendment/reserved powers and federalism) and expresses your opinion on whether or not Florida should make texting while driving a primary offense. 3. Create a pros and cons chart on the issue of making texting while driving in Florida a primary offense. (including terms like 10th amendment/reserved powers and federalism) 4. Create a poem/rap that incorporates evidence (including terms like 10th amendment/reserved powers and federalism) and expresses your opinion on making texting while driving in Florida a primary offense. |
Task 9: Comparing State Constitutions
Click on the image below to read about different state constitutions around the country. Answer the questions below the picture in your spiral.
- What is the average length of a state constitution? How does this compare to the U.S. Constitution and why do you think this is?
- Which state constitution is the longest?
- How many times has the average state constitution been amended? How does this compare to the U.S. Constitution? Why do you think there is such a big difference?
- What is the oldest state constitution in the United States? The newest?
- Pick any two state constitutions of your choice and compare and contrast them. Find at least three ways they are similar and at least three ways they are different. Why do you think this is?
Task 10: The "Secession" Obsession
Directions: Read through the information below. Then, pick one of the options below to show your understanding:
1. Write a minimum 2 paragraph response using evidence to address the following prompt: "Do you think states should be able to secede from the U.S.? Explain why or why not."
2. Create a political cartoon that incorporates evidence and expresses your opinion on whether or not states should be able to secede from the U.S.
3. Create a pros and cons chart on the issue of states being able to secede from the U.S.
4. Create a poem/rap that incorporates evidence and expresses your opinion on states being able to secede from the U.S.
1. Write a minimum 2 paragraph response using evidence to address the following prompt: "Do you think states should be able to secede from the U.S.? Explain why or why not."
2. Create a political cartoon that incorporates evidence and expresses your opinion on whether or not states should be able to secede from the U.S.
3. Create a pros and cons chart on the issue of states being able to secede from the U.S.
4. Create a poem/rap that incorporates evidence and expresses your opinion on states being able to secede from the U.S.
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In the last few years states like Texas and California have expressed a need...a need to secede. Based on the image to the right about the Civil War, what does it mean to "secede?"
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After the southern states "seceded" or "left" the United States (the Union) during the Civil War over slavery and LOST, many legal scholars and historians have argued that it is NOT legal for a state to secede from the United States. However, that hasn't stopped states from signing petitions and arguing about the issue.
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Just a week after President Barack Obama was re-elected in 2012, a petition by Texans for the right to secede from the rest of the country gained over 100,000 signatures, many more than the 25,000 signature threshold needed to get a response from the Obama administration. The petition was made on the government's "We the People" petitioning web site, along with secession petitions from at least 18 other states. The Texas petition to "peacefully" secede has gained by far the most traction of any state, citing "economic difficulties" related to the actions of the federal government in Texas, and "blatant abuses" of Texans' rights by the National Defense Authorization Act and Transportation Security Administration. |
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After President Trump was elected, activists in California have pushed for the state to amend their state constitution and secede from the United States. The plan has been referred to as “Calexit" by supporters. |
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So the first logical question to ask would be, "What does the Constitution say about secession?" The short answer is...nothing. The Constitution mentions how to JOIN the U.S. as a state, but not how to LEAVE the U.S. Article 4, Section 3: "New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress." |
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Amendment 10 in the Constitution states that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Supporters of state secession argue that since the U.S. Constitution DOES NOT mention secession directly, that it should be up to the states to decide the issue.
Supporters of state secession argue that since the U.S. Constitution DOES NOT mention secession directly, that it should be up to the states to decide the issue.
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Opponents of state secession look to the Supremacy Clause in Article 6, arguing that states must follow all federal laws. In Texas v. White (1869), the U.S. Supreme Court ruled that states could not legally secede from the Union. This set a PRECEDENT establishing CASE LAW on the issue of secession. What do you think? Choose ONE of the options below to show your understanding of the issue. |
1. Write a minimum 2 paragraph response using evidence to address the following prompt: "Do you think states should be able to secede from the U.S.? Explain why or why not."
2. Create a political cartoon that incorporates evidence and expresses your opinion on whether or not states should be able to secede from the U.S.
3. Create a pros and cons chart on the issue of states being able to secede from the U.S.
4. Create a poem/rap that incorporates evidence and expresses your opinion on states being able to secede from the U.S.
2. Create a political cartoon that incorporates evidence and expresses your opinion on whether or not states should be able to secede from the U.S.
3. Create a pros and cons chart on the issue of states being able to secede from the U.S.
4. Create a poem/rap that incorporates evidence and expresses your opinion on states being able to secede from the U.S.
Task 11: Assisted Death and Federalism
Read the Gallup poll below. What percentage of Americans say "Yes" to laws allowing a doctor to end a terminally ill patient's life by painless means if they request it?
CLICK HERE to read the full article about New Jersey's new law (described below) and then read the directions that follow:
"Terminally ill adults in New Jersey will now be able to ask for medical help to end their lives. Gov. Phil Murphy has signed the Medical Aid in Dying for the Terminally Ill Act. And the law goes into effect August 1, 2019. It will allow adults with a prognosis of six months or less to live to get a prescription for life-ending medication. This makes New Jersey the ninth jurisdiction to allow physician-assisted suicide. The others are: California, Colorado, Oregon, Vermont, Washington, Hawaii, Montana and the District of Columbia. Nineteen other states are considering physician-assisted suicide bills."
CLICK HERE to read the full article about New Jersey's new law (described below) and then read the directions that follow:
"Terminally ill adults in New Jersey will now be able to ask for medical help to end their lives. Gov. Phil Murphy has signed the Medical Aid in Dying for the Terminally Ill Act. And the law goes into effect August 1, 2019. It will allow adults with a prognosis of six months or less to live to get a prescription for life-ending medication. This makes New Jersey the ninth jurisdiction to allow physician-assisted suicide. The others are: California, Colorado, Oregon, Vermont, Washington, Hawaii, Montana and the District of Columbia. Nineteen other states are considering physician-assisted suicide bills."
In Washington v. Glucksberg (1997), the Supreme Court ruled that the state of Washington's ban on assisted death was constitutional, but this set the stage for individual states to vote on and decide the issue for themselves.
Kevorkian was tried for murder four times for assisting suicides between May 1994 and June 1997. Kevorkian was acquitted (found not guilty) by Michigan juries three times and set free from a mistrial during the 4th trial. In 1999, Kevorkian was arrested and tried for his direct role in a case of voluntary euthanasia. He was convicted of second-degree murder and served 8 years of a 10-to-25-year prison sentence. He was released on parole on June 1, 2007, on condition he would not offer advice nor participate nor be present in the act of any type of suicide involving euthanasia to any other person; as well as neither promote nor talk about the procedure of assisted suicide.
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Dr. Jack Kevorkian of Michigan is best known for publicly supporting a terminal patient's right to die by doctor assisted suicide; he claimed to have assisted at least 130 patients in their deaths. He was often portrayed in the media with the name of "Dr. Death". The American Medical Association in 1995 called him “a reckless instrument of death” who “poses a great threat to the public.” However Dr. Kevorkian was well known for the following saying; "Dying is not a crime."
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Directions: Look at each of the political cartoons below and decide if the cartoon is SUPPORTING assisted death laws or OPPOSING assisted death laws. Then, read the directions below and pick one of the following tasks to complete to show your understanding.
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Pick one of the following tasks to complete:
- Write a minimum 2 paragraph response using evidence to address the following prompt: "Do you think the state governments should pass laws to ban assisted death or pass laws to allow it? Explain why or why not using evidence from the readings, political cartoons, and by using AT LEAST ONE of the following 3 terms: 10th amendment and reserved powers, Federalism, Supremacy Clause.
- Create a political cartoon that addresses the following prompt: "Do you think the state governments should pass laws to ban assisted death or pass laws to allow it? Explain why or why not using evidence from the readings, political cartoons, and by using AT LEAST one of the following terms: 10th amendment and reserved powers, Federalism, Supremacy Clause.
- Create a pros and cons chart that addresses the following prompt: "Do you think the state governments should pass laws to ban assisted death or pass laws to allow it? Explain why or why not using evidence from the readings, political cartoons, and by using AT LEAST one of the following terms: 10th amendment and reserved powers, Federalism, Supremacy Clause.
- Create a poem/rap that that addresses the following prompt: "Do you think the state governments should pass laws to ban assisted death or pass laws to allow it? Explain why or why not using evidence from the readings, political cartoons, and by using AT LEAST one of the following terms: 10th amendment and reserved powers, Federalism, Supremacy Clause.
Task 12: Oklahoma City and Federalism
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After watching the video in class and reading the letter below, answer the following questions:
- What motivated Timothy McVeigh to blow up the Alfred P. Murrah Building in Oklahoma City on April 19th, 1995?
- What political values did McVeigh have? (where does he fall on the spectrum? Far left? Far right? Moderate?)
- How does this issue connect to Federalism?
- Why did McVeigh go to a Federal Court? What type of law is this? What amendments connect to this case?
- What are your opinions on McVeigh?
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iCivics Practice: Power Play
Click on the image to the left to play Power Play." Summarize what you learned from playing the game in a minimum one paragraph response.