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| Core Learning Goal: |
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The student will demonstrate an understanding of the historical development and current status of principles, institutions, and processes of political systems.
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| Expectation: 2 |
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The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order.
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| Indicator: 1.2.4 |
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The student will evaluate the principle of due process.
Assessment Limits:
- Fifth Amendment due process clause.
- Fourteenth Amendment due process clause.
- Procedural due process and the incorporation of most of the Bill of Rights under the Fourteenth Amendment are the primary focus; any other use of due process will be included in the item.
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In this lesson students will interpret the meaning of the Fourteenth Amendment. Students will then examine four Supreme Court decisions which incorporated the Fourteenth Amendment's due process clause. |
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Students will analyze the Fourteenth Amendment. |
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Students will assess the impact of Supreme Court decisions that used the due process clause of the Fourteenth Amendment to make the Bill of Rights apply to states. |
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Copy of the United States Constitution
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Student Handouts: Supreme Court Case Overviews I-IV |
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Useful website:
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- Review the concept that during Reconstruction, African Americans needed protection from states and individuals and that three amendments (13th, 14th, and 15th) were ratified to provide that protection. Discuss why African-Americans needed to be protected. Have students read the provisions of the Fourteenth Amendment. Define each of the provisions and explain its implications.
- Introduce the idea of incorporation with an example such as "In government class we will be learning about civil rights. This means I will be incorporating (or including) this topic in our study of government." Review the concept of due process of law. Explain that even though the Fourteenth Amendment said that states could not abridge privileges of citizens or deny due process, each due process right had to be incorporated separately through court decisions.
- Assign students to groups. Have each group examine a Supreme Court case to identify which right the decision incorporated as a part of the due process clause of the Fourteenth Amendment. Provide each group with one of the handouts Supreme Court Case Overviews I-IV. After students have completed the reading and questions, they should present their information to the class.
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Have students answer this Brief Constructed Response item:
- Identify some rights incorporated through the due process clause of the Fourteenth Amendment.
- Which of these incorporated rights has had the greatest impact on citizens? Explain.
- Include details and examples to support your answer.
Use the Social Studies Rubric to score student responses.
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 Print Version: Government Lesson Plan (Acrobat 21k)
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