Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

Grade 05 Social Studies Unit 06 Exemplar Lesson 03: Our Rights as AmericansGrade 05 Social Studies Unit 06 Exemplar Lesson 03: Our Rights as Americans

This lesson is one approach to teaching the State Standards associated with this unit. Districts are encouraged to

customize this lesson by supplementing with district-approved resources, materials, and activities to best meet the needs

of learners. The duration for this lesson is only a recommendation, and districts may modify the time frame to meet

students’ needs. To better understand how your district may be implementing CSCOPE lessons, please contact yourchild’s teacher. (For your convenience, please find linked the TEA Commissioner’s List of State Board of Education

Approved Instructional Resources and Midcycle State Adopted Instructional Materials.)

Lesson Synopsis

Students learn about the importance of the Bill of Rights (the first 10 amendments to the Constitution), the process for

amending the Constitution, and the 15th, 19th, and 23rd amendments. Students learn more in depth about federalism

through a comparison of federal and state rights and responsibilities.

TEKS

The Texas Essential Knowledge and Skills (TEKS) listed below are the standards adopted by the State Board of

Education, which are required by Texas law. Any standard that has a strike-through (e.g. sample phrase) indicates that

portion of the standard is taught in a previous or subsequent unit. The TEKS are available on the Texas Education

Agency website at http://www.tea.state.tx.us/index2.aspx?id=6148.

5.15 Government. The student understands important ideas in the Declaration of Independence,

the U.S. Constitution, and the Bill of Rights. The student is expected to:

5.15C Explain the purposes of the U.S. Constitution as identified in the Preamble.

5.16 Government. The student understands the framework of government created by the U.S.

Constitution of 1787. The student is expected to:

5.16C Distinguish between national and state governments and compare their responsibilities

in the U.S. federal system.

5.20 Citizenship. The student understands the fundamental rights of American citizens

guaranteed in the Bill of Rights and other amendments to the U.S. Constitution. The student

is expected to:

5.20A Describe the fundamental rights guaranteed by each amendment in the Bill of Rights, including freedom of

religion, speech, and press; the right to assemble and petition the government; the right to keep and bear

arms; the right to a trial by jury; and the right to an attorney.

5.20B Describe various amendments to the U.S. Constitution such as those that extended

voting rights of U.S. citizens.

Social Studies Skills TEKS

5.24 Social studies skills.

The student applies critical-thinking skills to organize and use information acquired from a variety of valid

sources, including electronic technology. The student is expected to:

5.24A Differentiate between, locate, and use valid primary and secondary sources such as computer software;

interviews; biographies; oral, print, and visual material; documents; and artifacts to acquire information about

the United States.

5.24B Analyze information by sequencing, categorizing, identifying cause-and-effect

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relationships, comparing, contrasting, finding the main idea, summarizing, making

generalizations and predictions, and drawing inferences and conclusions.

5.24C Organize and interpret information in outlines, reports, databases, and visuals,

including graphs, charts, timelines, and maps.

5.25 Social studies skills. The student communicates in written, oral, and visual forms. The

student is expected to:

5.25C Express ideas orally based on research and experiences.

5.25D Create written and visual material such as journal entries, reports, graphic organizers,

outlines, and bibliographies.

GETTING READY FOR INSTRUCTION

Performance Indicators

Grade 05 Social Studies Unit 06 PI 03

Create a booklet about the Bill of Rights and the 15th, 19th and 23rd amendments to the Constitution. Include pictures, examples, and

information about the importance of voting. Orally explain the contents of the book.

Standard(s): 5.20A , 5.20B , 5.24A , 5.25C

ELPS ELPS.c.4I , ELPS.c.5F

Key Understandings

Democratic governments create processes to change governing documents to guarantee the rights of their

citizens.

—    What processes were created to protect citizens’ rights in the Bill of Rights?—    What citizens’ rights needed to be protected when the country first began?

Vocabulary of Instruction

Federalist

Import

Republic

Ratify

Amendment

Materials

map pencils

paper

Attachments

All attachments associated with this lesson are referenced in the body of the lesson. Due to considerations for

grading or student assessment, attachments that are connected with Performance Indicators or serve as answer

keys are available in the district site and are not accessible on the public website.

Handout: Do Children Have Constitutional Rights? (1 per student)

Handout: Venn Diagram (blank, optional, 1 per student)

Teacher Resource: Venn Diagram KEY

Teacher Resource: PowerPoint: The Bill of Rights

Handout: Amending or Changing the Constitution (1 per student)

Handout: Four Important Amendments (1 per student)

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

Last Updated 4/23/13

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Handout: Four Important Amendments KEY

Handout: Federalism (1 copy per student)

Handout: Federalism in Your Own Words

Teacher Resource: Ratification, Compromise, and Additions (optional)

Resources

Use local resources and references as appropriate.

Advance Preparation

1. Become familiar with content and procedures for the lesson.

2. Refer to the Instructional Focus Document for specific content to include in the lesson.

3. Select appropriate sections of the textbook and other classroom materials that support the learning for this

lesson.

4. Preview available resources and websites according to district guidelines.

5. Find a picture of one of the five freedoms of the 1st Amendment being challenged. (Age-appropriate)

6. Cut up ten strips of paper and write a number (1-10) on each paper.

7. Gather old magazines with pictures to be cut up.

8. Prepare materials and handouts as needed.

Background Information

Many states, while happy with the new Constitution, believed that it left out too many of the rights they believed everyone should have. This

lesson looks at the first 10 amendments, or changes, that were made to the Constitution in the form of the Bill of Rights.

Originally, many writers of the Constitution did not think it was necessary to list the individual rights of the people when they created the

document in 1787. In part, they thought there were enough limits on the government to prevent an abuse of power. However, several states

remembered their experience under the tyrannical rule of the British government and would only ratify (approve) the new plan if individual

rights were attached to the U.S. Constitution. The Founding Fathers, specifically James Madison, went to work to prepare a list of

amendments (changes or additions). In 1791, the states agreed to the first ten amendments to the U.S. Constitution, known collectively as

the Bill of Rights. Since that time, citizens have wanted rights, especially voting rights, to be guaranteed in the Constitution through new

amendments. In this lesson, students will explore the Bill of Rights and the voting rights amendments that have been added.

GETTING READY FOR INSTRUCTION

Teachers are encouraged to supplement and substitute resources, materials, and activities to meet the needs of

learners. These lessons are one approach to teaching the TEKS/Specificity as well as addressing the Performance

Indicators associated with each unit. District personnel may create original lessons using the Content Creator in the

Tools Tab. All originally authored lessons can be saved in the “My CSCOPE” Tab within the “My Content” area.

INSTRUCTIONAL PROCEDURES

Instructional Procedures

ENGAGE

Notes for Teacher

NOTE: 1 Day = 50 minutes

Suggested Day 1 ‒ 15 minutes 

1. Guide students in a discussion of their rights.

Ask such questions such as:

Do you have rights?

Attachments:

Handout: Do Children Have

Constitutional Rights? (1 per

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

Last Updated 4/23/13

Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISDpage 3 of 16  

Are your rights the same as an adult?

2. Distribute the Handout: Do Children Have Constitutional

Rights?

3. Students read the list and discuss it.

4. Distribute the Handout: Venn Diagram (or have students draw

their own).

5. After a reminder discussion of Federalist and Anti-Federalist,

students work together to fill in the Venn diagram on Federalism

and Anti-Federalism. Students also recall earlier discussions on

the “road to revolution” and the Declaration of Independence tobring to mind rights the Founding Fathers thought needed to be

protected when the country first began.

What citizens’ rights needed to be protected when thecountry first began?

6. Students summarize the Venn diagram and explain their finished

diagram to another student.

student)

Handout: Venn Diagram (blank,

optional, 1 per student)

Teacher Resource: Venn Diagram

KEY

TEKS: 5.15C; 5.20A; 5.24B; 5.25C; 5.25D

Instructional Note:

Use the discussion on the rights of

minors to demonstrate the need of the

Founding Fathers to articulate

protected rights.

Remind students that the Anti-

Federalists wanted a weak central

government. They wanted states to

have more power because they

believed it would protect individual

rights.

The Federalists believed in strong

central government because they

believed the states needed more

structure so they could have the same

currency (money) and guidance from

the court system.

EXPLORE 1 Suggested Day 1 (continued) ‒ 15 minutes

1. Students create a K-W-L chart indicating what they KNOW about

the Bill of Rights and what they WANT to know.

2. Present the Teacher Resource: PowerPoint: Bill of Rights and

facilitate a discussion. (Note: a discussion question has been

added to each slide, but those questions may altered/revised as

deemed appropriate by the teacher.)

3. Students add information to their K-W-L chart as they LEARN new

information about each amendment.

Attachments:

Teacher Resource: PowerPoint: Bill of

Rights

TEKS: 5.20A; 5.24A; 5.25C

Instructional Note:

A discussion question has been added to each

slide, but those questions may altered/revised as

deemed appropriate by the teacher.

EXPLAIN 1 Suggested Day 1 (continued) ‒ 20 minutes

1. Students explain and summarize the constitutional rights of minors

(children) and why the rights are different from adults.

2. Students create a small booklet explaining the rights of children.

Share and talk about the booklet with another student or with an

adult.

3. Display the booklets in a prominent place in the school, perhaps

the library.

Materials

The previous attachment Handout: Do

Children Have Constitutional

Rights?

TEKS: 5.20A; 5.15C; 5.24B; 5.25C; 5.25D

Instructional Note:

A two-tab graphic organizer would be one option for

the booklet.

EXPLORE 2 Suggested Day 2 ‒ 20 minutes

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

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Students discuss the amendment process, including

considering the Key Understanding and guiding questions,

considering first:

What does it take to amend the United States

Constitution?

Distribute the Handout: Amending or Changing the

Constitution

Students read the handout, appropriate sections of the

textbook and other classroom resources to learn about the

15th, 19th and 23rd amendments.

Students discuss the importance of voting (popular sovereignty)

and why the government amended the Constitution to include

more people in the right to vote.

Students choose one more amendment to add to the list. Fill

out the “four square” graphic organizer to summarize andexplain each amendment. (Handout: Four Important

Amendments)

Attachments:

Handout: Amending or Changing the

Constitution (1per student)

Handout: Four Important

Amendments (1 per student)

Handout: Four Important

Amendments KEY

Purpose:

Students learn that the Constitution can be changed,

but the process to change it is difficult. This helps

ensure that the decisions are really made by the

people, that the voice of the people (the governed) is

heard.

TEKS: 5.20B; 5.24A; 5.24B; 5.25D

Instructional Note

In this Explore section students gain information

related to the Key Understanding and guiding

question:

Democratic governments create

processes to change governing

documents to guarantee the rights

of their citizens.

What processes were created

to protect citizens’ rights inthe Bill of Rights?

EXPLAIN 2 Suggested Day 2 (continued) ‒ 15 minutes

1. Students re-read Handout: Amending or Changing the

Constitution and underline key words they want to use in their

writing.

2. Student explains in writing

3 – amendments to the Constitution2 - ways to amend the Constitution

1 - the importance of being able to amend the Constitution and

why the process that is used to make amendments is so difficult

ELABORATE Suggested Day 2 (continued) ‒ 15 minutes

1. Divide students into groups of four for a discussion group.

2. Using information from their former discussions and studies,

students discuss, in light of knowing how difficult it is to get

amendments to the Constitution passed, the most important

reasons the Founding Fathers created the Bill of Rights and made

sure the first 10 amendments were passed. Appoint a recorder to

list the reasons from each group.

3. Hold a class discussion to make a class list combining the reasons

the students believe the Founding Fathers created the Bill of

Rights.

4. Continue the discussion, encouraging students to use academic

TEKS: 5.15C; 5.20B; 5.25C

Instructional Note:

Reasons for the Creation of the Bill of

Rights:

Delineate individual rights that are

protected by the law

Reach a compromise to ensure

ratification by gaining support from the

Anti-Federalism movement

Importance of the Bill of Rights

Ensures individual human rights

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

Last Updated 4/23/13

Print Date 06/26/2013 Printed By Karen Johnson, MIDLAND ISDpage 5 of 16  

language to answer the guiding questions and frame their answers

in support of the Key Understanding.

Democratic governments create processes to change

governing documents to guarantee the rights of their

citizens.

­ What processes were created to protect citizens’ rights in the Bill of

Rights?

­ What citizens’ rights needed to be protected when the country first

began?

protection

EXPLORE 3 Suggested Day 3 ‒ 20 minutes

1. Students look at the list on the Handout: Federalism and discuss

the list of things the federal government provides and the list of

things the state government provides.

2. Students create a folded paper organizer with the list to create an

easy reference guide.

Fold a single sheet of construction paper in half, (like a

hamburger) leaving about an inch underlap at the top to print

the word Federalism on it. Cut out and paste in the chart. Fold

the paper and cut down the middle of the top half, so the two

halves of the chart can be accessed separately for review.

Students decorate the outside on the federal side and on the

state side with an illustration to help them remember the

difference between the two concepts.

Materials:

paper

map pencils

Attachments:

Handout: Federalism (1 copy per

student)

Purpose: Students compare and contrast State

government and National government to learn more

about Federalism.

TEKS: 5.25D

Instructional Note:

The “federal government” refers to the three sets of

government (local, state, national) that exercise

powers (shared or exclusive) to fulfill the goals in the

Preamble.

EXPLAIN 3 Suggested Day 3 (continued) ‒ 15  minutes

1. Students discuss and explain what was a surprise about the

purpose of each level of government. (Teacher guides the

discussion with thoughtful questions.)

2. Using the folded guide they designed, students fill in the Handout:

Federalism in Your Own Words.

Attachments:

Handout: Federalism in Your Own

Words (1 per student)

TEKS; 5.25C

EXPLORE 4 Suggested Day 3 (continued) ‒ 15 minutes

1. Students watch again the Bill of Rights Power Point from Day 1 and

ask clarifying questions to make certain they understand the

importance of Individual Rights.

2. Using the handout Amending or Changing the Constitution,

students review the process for amending the Constitution and ask

clarifying questions to make sure they understand the process for

amending the Constitution.

3. Using their completed Four Important Amendment charts, students

review the 15th, 19th, and 23rd amendments.

Materials:

Teacher Resource: PowerPoint: Bill of

Rights from Day 1

Handout: Amending or Changing the

Constitution from Day 2

Handout: Four Important

Amendments from Day 2

TEKS: 5.20A; 5.20B; 5.15C; 5.16C; 5.24A;

EXPLAIN 4 Suggested Day 4 ‒ 10 minutes

1. Students use their Handout: Federalism in Your Own Words Materials:

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

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(from Day 3) to prepare to explain in their own words each of the

purposes of the federal government and the purposes of the state

government.

2. Students summarize what they have learned including the

importance of amending the constitution, of individual rights, and of

federalism vs. anti-federalism in a letter written to a city, state, or

national leader.

3. Students explain what they have learned to another student or an

adult.

Handout: Federalism in Your Own

Words from Day 3

Attachments:

Teacher Resource: Ratification,

Compromise, and Additions

(optional)

TEKS: 5.20A; 5.20B; 5.15C; 5.16C; 5.25C

Instructional Note:

If needed, use the Teacher Resource:

Ratification, Compromise, and

Additions for additional information.

EVALUATE Suggested Day 4 (continued) ‒ 40 minutes

Grade 5 Social Studies Unit06 PI03

Create a booklet about the Bill of Rights and the 15th, 19th and 23rd

amendments to the Constitution. Include pictures, examples, and information

about the importance of voting. Orally explain the contents of the book.

Standard(s): 5.20A , 5.20B , 5.24A , 5.25C

ELPS ELPS.c.4I , ELPS.c.5F

TEKS: 5.20A, 5.20B; 5.24A, 5.25C

Grade 5

Social Studies

Unit: 06

Lesson: 03

Suggested Duration: 4 days

Last Updated 4/23/13

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Grade 5 Social Studies

Unit: 6 Lesson: 03

©2012, TESCCC 04/23/2013 page 1 of 1

Do Children Have Constitutional Rights?

Yes, children are human beings with the same basic constitutional rights that adults

enjoy. There are some exceptions.

Yes, children have these rights: Children do not have these rights:

Unalienable rights (life, liberty, pursuit

of happiness)

No voting in local, state or national

elections

Due process Cannot sign petitions until 18

Right to counsel (lawyer) No jury trial by peers

Right to a hearing by a judge No running for official elections

No cruel and unusual punishment Cannot serve in the armed services

until 18

No unwarranted search and seizure Limited rights to free speech and

expression in school

Right to attend school Schools may censor school

newspapers and suspend students for

inappropriate language and behavior

Schools are allowed to search students'

private property without probable

cause for the safety of others.

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 09/26/2012 page 1 of 1

Topic: Compare Federalists and Anti-Federalists

Federalists: Political:

Political:

Anti-Federalists: Political:

Economic:

BOTH

Economic:

Economic:

:

Summary:

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 09/26/2012 page 1 of 1

Federalists: Political: Believe in a strong central government, weaker states’ rights

Political: Believe in Democracy, 3 branches of government, or separation of powers; and limited government

Economic: Believe there should be a national currency and the federal government should control commerce and be able to levy taxes

BOTH

‘

Economic: Believe in the need for a strong economic system with a strong currency, taxes, commerce and trade

Economic: Believe states can control their own currency and trade, and should levy taxes

Summary:

Anti-Federalists: Political: Believe in weak central government and strong states’ rights, believe in strong individual rights; prefer a confederation of states

Topic: Compare Federalists and Anti-Federalists

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 04/17/13 page 1 of 1

Amending or Changing the Constitution

The Founding Fathers intentionally made the United States Constitution difficult to

amend. As explained in Article V, the Constitution can be amended in one of two ways.

1. An amendment can take place by a vote of two-thirds of both the House of

Representatives and the Senate followed by a ratification of three-fourths of the

various state legislatures (ratification by thirty-eight states would be required to

ratify an amendment today). This first method of amendment is the only one ever

used in the history of the United States.

2. And, there is a second way to make an amendment: the Constitution might be

amended by a Convention called for this purpose by two-thirds of the state

legislatures, if the Convention's proposed amendments are later ratified by three-

fourths of the state legislatures.

An amendment can be blocked by only thirteen states withholding approval.

Only 27 amendments have been ratified since the Constitution was ratified, and ten of

those were the Bill of Rights.

Article V of the United States Constitution

The Congress, whenever two thirds of both Houses shall deem it necessary, shall

propose Amendments to this Constitution, or, on the Application of the Legislatures

of two thirds of the several States, shall call a Convention for proposing

Amendments, which, in either Case, shall be valid to all Intents and Purposes, as

Part of this Constitution, when ratified by the Legislatures of three fourths of the

several States, or by Conventions in three fourths thereof, as the one or the other

Mode of Ratification may be proposed by the Congress; Provided that no

Amendment which may be made prior to the Year One thousand eight hundred

and eight shall in any Manner affect the first and fourth Clauses in the Ninth

Section of the first Article*; and that no State, without its Consent, shall be deprived

of its equal Suffrage in the Senate.

Text courtesy of the National Archives:

National Archives, (n.d.). The constitution. Retrieved from website: http://www.archives.gov/exhibits/charters/constitution_transcript.html

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 09/01/2012 page 1 of 1

Four Important Amendments

15th Amendment

19th Amendment

23rd Amendment

________Amendment

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 04/23/13 page 1 of 1

Four Important Amendments KEY

15th Amendment One of the three “Civil War” amendments, it was passed in 1870 to ensure that no citizen would ever again be denied the “right to vote based on race, color, or previous condition of servitude.” This is one of the popular sovereignty amendments because it protects the right to vote.

19th Amendment This amendment is also a popular sovereignty amendment because it gives the right to vote to women. Women have only had the right to vote since the year 1920, and they had to work hard to ensure that right. The women who worked for the right to vote were called suffragettes.

23rd Amendment

The people who live within the boundaries of our national capital, Washington, DC were denied the right to vote because they did not reside in a State in the United States. Finally, in 1961 the citizens of the area were allowed to vote for President and Vice President. The first time they could vote was in the 1964 election.

________Amendment

Students give information on an amendment of their choosing.

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 04/23/13 page 1 of 1

Federalism

Purpose of Democratic governments: Make society a better, more orderly place to live by providing rules for conduct,

and punishments for disobeying rules (see the Preamble)

Provide services to the people individuals cannot (roads, clean water)

Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people.

Purpose/Powers of the National Government

Purpose/Powers of the State Government

To determine and collect import duties To ratify amendments to the U.S. Constitution

To pay the debts of the U.S. Government To manage public health and safety

To regulate immigration To manage public education

To provide and regulate postal service To make and enforce laws (shared power with the national government)

To protect intellectual property with patents, copyrights, and trademark rights

To enforce and execute laws of the state and national governments

To coin money To borrow money (shared power with the national government)

To declare war To levy taxes (shared power with the national government) (shared power with the national government)

To raise, support, and regulate the armed forces

To oversee commerce within the state

Federal highways To establish state highways

To enter into a treaty Article 4 of the Constitution provides:

To admit new states to the Union To extradite (send) criminals to the state where they committed the crime

To guarantee a republican form of government

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 04/23/13 page 1 of 1

Federalism In Your Own Words

Purpose of Democratic governments: Make society a better, more orderly place to live by providing rules for conduct,

and punishments for disobeying rules (see the Preamble)

Provide services to the people individuals cannot (roads, clean water)

Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people.

Purpose of the National Government

Purpose of the State Government

Article 4 of the Constitution provides:

Grade 5 Social Studies

Unit: 06 Lesson: 03

©2012, TESCCC 04/23/13 page 1 of 1

Ratification, Compromise, and Additions Anti-Federalists

This group of people from various backgrounds, but who lived in mostly rural areas, was against the

ratification of the new Constitution. They thought it would give the federal (national) government too

much power. They preferred the amount of power the states had under the Articles of Confederation.

They also thought that the creation of the Senate in Congress and the office of the President too

closely represented something very close to a monarchy. They thought that such a huge system

couldn’t protect the rights of individual citizens as well as the states could, and a “standing army”

would scare many citizens. The leaders of this movement were Patrick Henry and Thomas Jefferson.

Federalists

This group thought that the old Articles of Confederation were completely ineffective in running the

country. They looked at the new Constitution as representing rights of individual people through the

House of Representatives and the Senate as representing the rights of the states. They also believed

that the Constitution would protect citizens’ federal rights and the states would step in to fill the gaps

on the state level. The leaders of this movement were James Madison and Alexander Hamilton who

wrote the Federalist Papers to explain their views.

The Bill of Rights and Amendments

When the ratification debate could go no further in Massachusetts, both Anti-Federalists and

Federalists came together to add ten amendments (additions) to the Constitution that would protect

individual rights and states’ rights.

James Madison proposed the Bill of Rights, the first ten amendments, to the House of

Representatives. It included many of the rights the people were asking to include. The Bill of Rights

was ratified in 1791.

Over the years as the country matured and grew, the citizens realized that new guarantees needed to

be in place to protect rights that became apparent. A total of seventeen amendments have been

added since the original ten. Three of these specifically address voting rights. As the citizens thought

more people needed to be included in making decisions for the nation, the 15th amendment

(including African Americans), the 19th amendment (including women) and the 23rd amendment

(including residents of Washington, D.C.)