![[Kansas Bar Foundation logo]](../graphics/kbflogo.gif)
April 2006
Greetings from the Kansas Supreme Court and the Kansas Bar Association. This is the final edition of Law Wise for the 2005-2006 school year. The theme of April's edition of Law Wise is connected with the American Bar Association's Law Day theme: "Liberty Under Law: Separate Branches, Balanced Powers."
A MESSAGE FROM THE KBA PRESIDENT
|
It is important that all Americans understand what the Founding Fathers (Founders) intended and accomplished in creating a government of separate powers. The Founders were very concerned that the government they established not have all its powers concentrated in the hands of a few officials. They agreed with Montesquieu that if "the right of making and of enforcing the laws is vested in one and the same man, or the same body of men … there can be no liberty." The Founders were also concerned that the powers granted to one branch would be balanced by powers granted to others. Congress's power to legislate, for example, is balanced by the executive's power to veto legislation, and by the judiciary's power to declare legislation unconstitutional. This system of checks and balances ensures that each branch serves as a constraint on, and is constrained by, the powers of the other branches.
This theme enables Law Day planners to show how the branches have their separate spheres and separate powers, but work together for the common good. The theme is also central to building an understanding of the rule of law, which has always been a primary purpose of Law Day.
As Justice Louis Brandeis stated, "The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency, but to preclude the exercise of arbitrary power."
This article is from the ABA Web site at www.abanet.org/publiced/lawday/theme2006.html.
Law Day is a special day focusing on our heritage of liberty under law, a national day of celebration officially designated by a joint resolution of Congress in 1961. Every year, the legal community is joined by national organizations, state and local bars, businesses, and schools in conducting thousands of programs on the rule of law in a constitutional democracy. This year's theme is "Liberty Under Law: Separate Branches, Balanced Powers."
Congressional Resolution Establishing Law Day
The following is the congressional resolution that established the first Law Day:
"The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life. "The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places." 36 U.S.C. § 164 (1961)
Pocket size versions of the U.S. Constitution are available on a first-come, first-served basis to Kansas teachers for distribution to high school students in recognition of Constitution Day, which is Sept. 16. One order per school will be accepted and teachers are asked to only order copies for high school students participating in a government class. Please note that schools will be responsible for paying shipping charges, which the KBA will invoice.
Schools may begin placing orders now, but orders will not be filled until mid-August. The deadline to order is Sept. 1. If you would like to order copies of the Constitution, please send an e-mail to Janessa Akin at jakin@ksbar.org with your name, address, and quantity requested.
The pocket size versions of the U.S. Constitution were donated by U.S. Rep. Dennis Moore. Thank you Rep. Moore!
The Law-Related Education Inventory has the following items that might be useful in working with students on the jury process:
The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog, call Janessa Akin at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8 a.m. to 7 p.m., and Friday, 8 a.m. to 5 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, is Marla Darby. She can be reached at darbymar@emporia.edu.
NOTE FOR ALL LESSON PLANS IN THIS ISSUE: All lesson plans are arranged as if a resource person will be presenting the material. However, if a resource person is unavailable, the teacher may also present these materials and adapt accordingly.
NOTE FOR ALL LESSON PLANS IN THIS ISSUE:
All lesson plans are arranged as if a resource person will be presenting the material. However, if a resource person is unavailable, the teacher may also present these materials and adapt accordingly.

Suggested Time Allowance: One class session
Grade Level: 4-6
Overview of Lesson Plan: Students gain an understanding of the concept of separation of powers through an interactive approach involving role playing and questions and answers.
Objectives: Students will:
Preparation:
Presentation:
Begin the class by introducing yourself to the students. As you do so, remember when you were this age and what you might like to know about other people.
Be sure to provide a brief explanation of why you are in the classroom on this particular day. If you have an official Law Day poster, hang it where all can see. You might consider saying the following in your own words.
"Today, throughout the United States, people are celebrating Law Day. I believe it is a very special day because I work in the legal field and am very proud of the work I do. But, more importantly, it is special because it allows us to stop and think about our country, the United States of America, and the freedoms we all share. It is also special because this day provides us with an opportunity to talk about the laws that protect us and provide us these very special freedoms."
Establish focus for the activity by writing the word "law" on the board or flipchart where all can see and asking if someone can define the word. Allow for several responses. Use a classroom dictionary to read the definition.
Law = a rule of conduct that a group of people agree to follow; a collection of established rules.
Activity:
Explain that you are going to select two students to do a role play with you and that you want the rest of the class to listen carefully to see if they hear anything out of the ordinary.
Read the introduction from Handout A aloud and then have the two students read their roles ("You" and "Officer"). When the students finish, be sure to thank them for their participation as they return to their seats.
Ask the class the following questions:
Write the term "separation of powers" on the board or flipchart. Below the term, write:
Briefly explain the fundamentals of our country's legal system and how power is divided among the three branches of government providing for checks and balances. Explain the role of the police officer in our legal system and the relationship of the police officer to the three branches of government.
On the board, draw a tree trunk and label it "U.S. Constitution." At the top of the trunk, draw three lines radiating out of the trunk and label them "Three Branches of Government."
Ask the class, "What are the three branches of government?"
Point to the three terms you wrote earlier. As students correctly identify each branch, label a branch of the tree and explain where in the Constitution the powers of each branch are described. (First Branch: Legislative, Article I; Second Branch: Executive, Article II; Third Branch: Judicial, Article III.)
Note: For another approach to this part of the activity, read aloud from the Constitution while labeling the tree branches. See Extension Activities below.
Review the three branches of government by pointing to each word and asking the following questions.
Conclude by explaining why separation of powers is essential to our form of government.
Extension Activities
One by one, show pictures of your state's senators and representatives, the president, and the Supreme Court, and have the students identify the correct branch of government.
Distribute to each student a copy of the Constitution. At times, you may also wish to refer to the tree diagram you drew earlier.
Have students look at Section 1, Article I of the Constitution as you read the section. Ask the students which branch is discussed. (Legislative)
Have the students look at Section 1, Article II of the Constitution as you read the section. Ask the students which branch is discussed. (Executive)
Repeat the process by having the students look at Section 1, Article III of the Constitution. Ask the students which branch of government is discussed. (Judicial)
Have the students return to Article I of the Constitution. Read aloud Paragraphs 1 and 2, Section II, asking, "What are the requirements to be a member of the House of Representatives and how long is the term?" (Serve for two years; at least 25 years old; and a citizen of U.S. for seven years.)
Repeat the process with Paragraphs 1 and 3, Section III, asking, "What are the requirements to be a member of the Senate and how long is the term?" (Serve for six years; at least 30 years old; and a citizen of U.S. for nine years.)
Repeat the process with Paragraphs 1 and 5, Article II, asking, "What are the requirements for being president and how long is the term?" (Serve for four years; at least 35 years old; and born in U.S.)
Have students take a minute and think about which office they would like to run for and why. Allow for several responses.
Summary & Closure
Review the concept of separation of powers. Be sure to tell the students how much you enjoyed working with them and learning more about how the concept of separation of powers protects our freedoms.
This strategy is adapted from an article in Update on Law-Related Education, Vol. 11, No. 1, published by the American Bar Association. It was taken from the Utah Law-Related Education Elementary Lesson Plan Book, and is reprinted with the permission of the Utah Law-Related Education Program.
|
LESSON 1 - HANDOUT A He Does It All Role Play |
This lesson plan can be accessed at www.abanet.org/publiced/lawday/schools/lessons/46_lawofficers.html.
NOTE FOR ALL LESSON PLANS IN THIS ISSUE:
All lesson plans are arranged as if a resource person will be presenting the material. However, if a resource person is unavailable, the teacher may also present these materials and adapt accordingly.

Grade Level: 7-9
Overview of Lesson Plan: Students will use an Act of Congress and a Supreme Court case to explore the checks and balances of the U.S. system of government.
Materials:
Make enough copies of Handout A for the entire class.
(Handout A can be downloaded as a PDF at www.abanet.org/publiced/lawday/schools/lessons/pdfs/handout_79checks.pdf.)
Presentation:
Powers of the Legislative Branch
Tell students that in December 2000, Congress passed an act called the Children's Internet Protection Act. The act requires public schools and public libraries to install filter programs on their computers to screen out Web sites that are not appropriate for children under the age of 18. Such filter programs block out obscene Web sites but can also block many other sites, such as those dealing with medical conditions that are not obscene. Under the act, schools or libraries that refuse to install such filter programs will not receive federal funds.
Discussion Questions
2. What are the checks on Congress? That is, what limits the ability of Congress to pass laws or implement laws?
Answer:
Powers of the Executive Branch
Ask students to imagine that the president used his power of veto to prevent the act being passed. [This did not actually happen to this act].
Discussion Questions
Powers of the Judicial Branch
After the Children's Internet Protection Act was passed, the American Library Association and the American Civil Liberties Union filed a lawsuit to challenge the constitutionality of the act. They argued that the law's requirement to use filtering software forced libraries to restrict free speech. The right to freedom of speech is protected by the First Amendment to the Constitution.
Discussion Questions
Lesson 2 - Handout AUnderstanding Checks and Balances What did the Court decide? On June 23, 2003, the Court ruled 6-3 in United States v. ALA (02-361) that the Children's Internet Protection Act was constitutional. Chief Justice Rehnquist wrote, "Congress may attach conditions to receipt of federal funds, in order to further policy objectives." The policy objective of the CIPA was to protect young people from illegal and harmful online pornography. The U.S. Supreme Court's decision means that public libraries and public schools will have to continue to filter Internet access if they wish to receive federal funds. This lesson plan can be found at the following link: www.abanet.org/publiced/lawday/schools/lessons/79_checksandbalances.html. |

Grade Level: High School
Overview: Students will discuss real newspaper articles about recent events that have raised interesting issues with respect to the separation of powers in U.S. government.
Materials:
Presentation:
Begin the session by asking students to define the role of each branch of government.
Ask students to define separation of powers (when the powers of government are divided among the three branches of government) and checks and balances (each branch has some control over the power of the other branches).
Divide the class into three groups. Explain that you will give each group a newspaper article from the last 18 months. Each group should discuss the article, answer the questions below, and be prepared to report back after a 15-minute discussion.
You may choose your own recent newspaper articles to share with students, or you can use the articles above under "Materials."
Questions:
Follow-Up:
Distribute a different newspaper to each group, and ask students to identify a story that mentions the powers of one branch of government or raises the issue of separation of powers.
This lesson plan can be found at www.abanet.org/publiced/lawday/schools/lessons/hs_seppowers.html.
On Your Own: A guide to your legal rights and responsibilities as an adult
On Your Own is a free booklet published by the Kansas Bar Association. The booklet is intended to give general information on a few areas of law that impact a young person setting out on their own. Topics include alcoholic beverages, purchasing and maintaining a vehicle, finding a job, domestic relations, renting and leasing, credit, smart buying, consumer problems, seeking legal representation, voting and public services, and if you are arrested.
For the Record: A guide to your rights and responsibilities as a young adult
For the Record was originally produced by the KBA's Public Information Committee in cooperation with the Kansas Supreme Court. The booklet's topics include family, if one gets in trouble with the law, and other helpful topics. For the Record is available for free.
Both publications can be found in their entirety on the Kansas Bar Association's Web site at www.ksbar.org under Public Resources. To order, please call (785) 234-5696.
The State Tournament of the Kansas Bar Association Young Lawyers Section High School Mock Trial Competition took place Saturday, April 1. The tournament was held at the Johnson County Courthouse in Olathe. Six schools from across the state participated in the competition, including:
Shawnee Mission East High School won the competition and will be attending the National Competition on May 10-13 in Oklahoma City. Sunrise Christian Academy was the runner-up, and The Independent High School was the second runner-up. The KBA YLS pays the registration fees for the National Competition and provides a $1,500 scholarship to the state champion to be used for travel and lodging for the team, coaches, and sponsors.
Three individual awards and one team award were given to students participating in the State Competition. Students from Shawnee Mission East High School won the awards for "Best Witness," "Best Direct or Cross Examination," and "Best Opening Statement/Closing Argument." The Northeast Magnet High School team won the "Good Sport" award. Sponsors for these awards included the Wichita law offices of Fleeson, Gooing, Coulson & Kitch LLC and the Law Office of Joni Franklin.
If you would like information about the mock trial program, please contact the Kansas Bar Association at (785) 234-5696.
JUST RELEASED …
The Kansas Bar Association's Law-Related Education Committee recently released two new videos available to Kansas educators. Both videos are approximately 45 minutes in length and can be requested in VHS or DVD format. There is no charge for the videos. All videos released by the Law-Related Education Committee are produced by volunteers.
In Miranda v. Arizona, this decision reversed an Arizona court's conviction of Ernesto Miranda on kidnapping and rape charges. The case made it all the way to the U.S. Supreme Court, where the conviction was overthrown. In a landmark ruling issued in 1966, the Court established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights, commonly known as Miranda Rights.
In the 1964 case of New York Times v. Sullivan, the U.S. Supreme Court underlined the importance of a free, robust, inquiring, and possibly critical press to the healthy functioning of a democratic society. The decision used the First Amendment of the U.S. Constitution to put tight limits on the ability of public officials to punish press critics through the use of libel suits.
To place your order, call (785) 234-5696 or visit www.ksbar.org.
Terrific Technology for Teachers
The Kansas We the People: The Citizen and the Constitution finals were held on Tuesday, Jan. 31 at the Capitol Plaza Hotel in Topeka.
We the People: The Citizen and the Constitution, is a program funded by the U.S. Department of Education by an act of Congress. It teaches elementary, middle, and high school students the history and principles behind the American constitutional democracy. The program is based on curricular materials developed by the Center for Civic Education and acclaimed by leading educators. The curriculum not only enhances students' understanding of the institutions of American democracy, but it also helps them to identify the contemporary relevance of the Constitution and Bill of Rights.
The state level competition is in the format of a simulated congressional hearing, wherein students are given the opportunity to demonstrate their knowledge while they evaluate, take, and defend positions on relevant historical and contemporary issues before a panel of three judges. In Kansas, the elementary and middle school programs are growing and will have its first showcase in January 2007.
Included in this year's high school competition were more than 250 students from Blue Valley Northwest High School, Pleasant Ridge High School, Greeley County Schools, Grinnell & Wheatland High School, and Hyman Brand Hebrew Academy. This year's winning team of 21 students was from St. Thomas Aquinas, under the teaching leadership of Spencer Clark, will advance to the national finals in May, which is held in Washington, D.C.
Many of our community civic leaders support this state-wide program. Of the 18 state competition judges, several were professional judges: Hon. Nancy Caplinger, Hon. G. Joseph Pierron, and Hon. Thomas Malone, all of the Kansas Court of Appeals; and Hon. David Bruns of the 3rd District Court. Richard Hayse, president of the Kansas Bar Association, was this year's keynote speaker and Ron Thornburgh, Kansas Secretary of State, has been an annual supporter of this program as the awards presenter.
The results of nationwide research affirm that students who use the We the People curriculum "significantly outperformed comparison students" in civics, history, social studies, and government courses. Civic engagement is a huge component of the nationwide focus on the 21st Century Learning Skills.
Kansas State University, in partnership with the Kansas State Department of Education and The Center for Civic Education, will host a week-long summer institute this June to train teachers of grades 5-12 on using the We the People: The Citizen and the Constitution curriculum with their students. Each participating teacher will receive free valuable instructional seminars on historical and philosophical political foundations and free sets of classroom textbooks. There is no charge to attend. Applications can be downloaded at www.ksde.org/outcomes/socialstudies.html.
For questions concerning this article contact Lynn Stanley, history-government program consultant, at lstanley@ksde.org.
Are you looking for an interesting and rewarding way to serve the cause of law-related education, network with fellow teachers, and supplement your income a little? If so, then this is the job for you. Law Wise is seeking an editor beginning with the 2006-07 school year. The person selected may be a teacher, an attorney, or other person committed to law-related education. Attorney Crystal Marietta, Pittsburg, has been the editor for the past four years.
Duties consist of editing six issues of Law Wise per school year, in coordination with the Office of Judicial Administration and the Kansas Bar Association. Coordinators Ron Keefover and Janessa Akin will continue to assist by drafting articles, suggesting themes, etc. The working conditions are excellent and the job can be done from any location.
If you are interested or have questions about this opportunity, please contact Ron Keefover at (785) 296-4872.
THANK YOU CRYSTAL MARIETTA!
Crystal Marietta has served as Law Wise editor for the past four years. During her four years, Crystal has been dedicated to providing quality materials for Kansas educators. We congratulate and thank Crystal for her years of service.
Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers' Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, is edited by Crystal Marietta, Pittsburg, (620) 231-5620. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Janessa Akin, Public Services Manager of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Association, 1200 S.W. Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.