Federal Power: Interpreting the Ninth and Tenth Amendments
Created byBenjamin Fry
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Federal Power: Interpreting the Ninth and Tenth Amendments

Grade 12Social StudiesHistory5 days
In this project, students explore the balance of power between the federal government and individual rights through the lens of the Ninth and Tenth Amendments. They define federalism, analyze Supreme Court cases, and apply these amendments to contemporary issues. Through research, analysis, and argumentation, students evaluate the effectiveness of these amendments in protecting individual rights and limiting federal power. The project culminates in a portfolio showcasing their understanding of federalism and the application of constitutional principles.
FederalismNinth AmendmentTenth AmendmentSupreme CourtIndividual RightsBalance of PowerConstitutional Law
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Inquiry Framework

Question Framework

Driving Question

The overarching question that guides the entire project.To what extent do the Ninth and Tenth Amendments define the balance of power between the federal government and individual rights?

Essential Questions

Supporting questions that break down major concepts.
  • What is federalism?
  • What are the enumerated powers of the federal government?
  • What is the relationship between the Ninth and Tenth Amendments?
  • How have the Ninth and Tenth Amendments been interpreted by the Supreme Court?
  • How do the Ninth and Tenth Amendments protect individual rights and limit the power of the federal government?

Standards & Learning Goals

Learning Goals

By the end of this project, students will be able to:
  • Students will be able to define federalism and the enumerated powers of the federal government.
  • Students will be able to explain the relationship between the Ninth and Tenth Amendments.
  • Students will be able to analyze how the Ninth and Tenth Amendments have been interpreted by the Supreme Court.
  • Students will be able to evaluate how the Ninth and Tenth Amendments protect individual rights and limit the power of the federal government.

Entry Events

Events that will be used to introduce the project to students

"The Power Grab Simulation"

Students participate in a role-playing simulation where the federal government attempts to enact a series of increasingly overreaching policies. This event sparks debate about states' rights versus federal power, directly connecting to the Ninth and Tenth Amendments.
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Portfolio Activities

Portfolio Activities

These activities progressively build towards your learning goals, with each submission contributing to the student's final portfolio.
Activity 1

Federalism 101: Defining the Layers of Power

Students will begin by defining federalism and identifying the enumerated powers of the federal government. This activity lays the groundwork for understanding the context and importance of the Ninth and Tenth Amendments.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Research and define 'federalism' in your own words. Provide examples of how federalism is applied in the U.S. government.
2. Identify and list at least five enumerated powers of the federal government as outlined in the Constitution. Explain why these powers are 'enumerated'.
3. Create a visual representation (e.g., a Venn diagram, infographic) comparing and contrasting federal and state powers.

Final Product

What students will submit as the final product of the activityA well-defined explanation of federalism with examples, a list of enumerated powers, and a visual aid illustrating the division of power between federal and state governments.

Alignment

How this activity aligns with the learning objectives & standardsAddresses the learning goal: 'Students will be able to define federalism and the enumerated powers of the federal government.'
Activity 2

The Amendment Connection: Unpacking the Ninth and Tenth

This activity focuses on understanding the direct relationship between the Ninth and Tenth Amendments. Students will analyze the text of each amendment and explain how they complement each other in protecting rights and limiting federal power.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Carefully read the text of the Ninth Amendment. In your own words, explain what it means.
2. Carefully read the text of the Tenth Amendment. In your own words, explain what it means.
3. Write a short essay explaining how the Ninth and Tenth Amendments work together to protect individual rights and limit the power of the federal government. Provide specific examples.

Final Product

What students will submit as the final product of the activityA detailed essay that clearly explains the relationship between the Ninth and Tenth Amendments, supported by examples.

Alignment

How this activity aligns with the learning objectives & standardsAddresses the learning goal: 'Students will be able to explain the relationship between the Ninth and Tenth Amendments.'
Activity 3

Supreme Court Showdown: Interpreting the Amendments

Students will research and analyze landmark Supreme Court cases that have interpreted the Ninth and Tenth Amendments. This activity will help students understand how these amendments have been applied in real-world legal situations and how their interpretation has evolved over time.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Research at least two Supreme Court cases that involve the Ninth or Tenth Amendment (e.g., *United States v. Darby Lumber Co.*, *Printz v. United States*).
2. For each case, summarize the facts, the legal question, and the Court's ruling. Pay close attention to how the Court interpreted the relevant amendment.
3. Write a comparative analysis of the cases, discussing how the Court's interpretation of the Ninth and Tenth Amendments has influenced the balance of power between the federal government and the states.

Final Product

What students will submit as the final product of the activityA comparative case analysis that demonstrates an understanding of how the Supreme Court has interpreted the Ninth and Tenth Amendments.

Alignment

How this activity aligns with the learning objectives & standardsAddresses the learning goal: 'Students will be able to analyze how the Ninth and Tenth Amendments have been interpreted by the Supreme Court.'
Activity 4

Rights vs. Reach: Applying the Amendments Today

Students will explore contemporary issues where the Ninth and Tenth Amendments are relevant. They will evaluate how these amendments protect individual rights and limit the scope of federal power in modern contexts.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Identify a current issue where the balance of power between the federal government and individual rights/state authority is being debated (e.g., federal vaccine mandates, gun control, environmental regulations).
2. Research different perspectives on the issue, paying attention to arguments that invoke the Ninth and Tenth Amendments.
3. Write a position paper arguing whether the federal government's actions in the chosen issue are a legitimate exercise of power or an overreach that infringes upon individual rights or state authority. Support your argument with evidence and reasoning.

Final Product

What students will submit as the final product of the activityA well-supported position paper that evaluates the application of the Ninth and Tenth Amendments in a contemporary issue.

Alignment

How this activity aligns with the learning objectives & standardsAddresses the learning goal: 'Students will be able to evaluate how the Ninth and Tenth Amendments protect individual rights and limit the power of the federal government.'
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Rubric & Reflection

Portfolio Rubric

Grading criteria for assessing the overall project portfolio

Ninth and Tenth Amendments Portfolio Rubric

Category 1

Understanding Federalism and Enumerated Powers

Demonstrates comprehension of federalism, the division of power, and enumerated federal powers.
Criterion 1

Definition of Federalism

Clarity and accuracy in defining federalism and providing relevant examples.

Exemplary
4 Points

Provides a sophisticated and nuanced definition of federalism, with insightful examples of its application in the U.S. government.

Proficient
3 Points

Provides a clear and accurate definition of federalism, with appropriate examples.

Developing
2 Points

Provides a basic definition of federalism but lacks clarity or sufficient examples.

Beginning
1 Points

Struggles to define federalism and provides irrelevant or inaccurate examples.

Criterion 2

Identification of Enumerated Powers

Accuracy and completeness in identifying and explaining enumerated powers.

Exemplary
4 Points

Identifies and accurately explains multiple enumerated powers, demonstrating a deep understanding of their significance.

Proficient
3 Points

Identifies and accurately explains at least five enumerated powers.

Developing
2 Points

Identifies some enumerated powers but provides incomplete or inaccurate explanations.

Beginning
1 Points

Struggles to identify enumerated powers and provides minimal or incorrect information.

Criterion 3

Visual Representation of Power Division

Effectiveness and clarity of the visual aid in illustrating the division of power between federal and state governments.

Exemplary
4 Points

Creates a highly effective and visually appealing representation that clearly and insightfully illustrates the division of power.

Proficient
3 Points

Creates a clear and informative visual representation of the division of power.

Developing
2 Points

Creates a visual representation that is somewhat unclear or incomplete in illustrating the division of power.

Beginning
1 Points

Creates a visual representation that is confusing or fails to accurately depict the division of power.

Category 2

Understanding the Ninth and Tenth Amendments

Demonstrates comprehension of the Ninth and Tenth Amendments and their relationship.
Criterion 1

Explanation of the Ninth Amendment

Clarity and accuracy in explaining the meaning of the Ninth Amendment.

Exemplary
4 Points

Provides a sophisticated and insightful explanation of the Ninth Amendment, demonstrating a deep understanding of its implications.

Proficient
3 Points

Provides a clear and accurate explanation of the Ninth Amendment.

Developing
2 Points

Provides a basic explanation of the Ninth Amendment but lacks depth or clarity.

Beginning
1 Points

Struggles to explain the meaning of the Ninth Amendment.

Criterion 2

Explanation of the Tenth Amendment

Clarity and accuracy in explaining the meaning of the Tenth Amendment.

Exemplary
4 Points

Provides a sophisticated and insightful explanation of the Tenth Amendment, demonstrating a deep understanding of its implications.

Proficient
3 Points

Provides a clear and accurate explanation of the Tenth Amendment.

Developing
2 Points

Provides a basic explanation of the Tenth Amendment but lacks depth or clarity.

Beginning
1 Points

Struggles to explain the meaning of the Tenth Amendment.

Criterion 3

Essay on the Relationship Between the Amendments

Effectiveness in explaining how the Ninth and Tenth Amendments work together, supported by specific examples.

Exemplary
4 Points

Writes a compelling and insightful essay that clearly explains the relationship between the Ninth and Tenth Amendments, using vivid and relevant examples.

Proficient
3 Points

Writes a detailed essay that clearly explains the relationship between the Ninth and Tenth Amendments, supported by examples.

Developing
2 Points

Writes an essay that attempts to explain the relationship between the Ninth and Tenth Amendments but lacks clarity or sufficient examples.

Beginning
1 Points

Writes an essay that fails to adequately explain the relationship between the Ninth and Tenth Amendments.

Category 3

Analyzing Supreme Court Cases

Demonstrates the ability to research, summarize, and analyze Supreme Court cases related to the Ninth and Tenth Amendments.
Criterion 1

Case Summaries

Accuracy and completeness of case summaries, including facts, legal questions, and court rulings.

Exemplary
4 Points

Provides exceptionally clear, concise, and accurate summaries of the cases, demonstrating a deep understanding of the legal issues.

Proficient
3 Points

Provides accurate and complete summaries of the cases, including the facts, legal question, and Court's ruling.

Developing
2 Points

Provides summaries of the cases that are incomplete or contain some inaccuracies.

Beginning
1 Points

Struggles to summarize the cases accurately and completely.

Criterion 2

Comparative Analysis

Depth and insightfulness of the comparative analysis, discussing the Court's interpretation of the amendments and their influence on the balance of power.

Exemplary
4 Points

Writes a highly insightful and nuanced comparative analysis that demonstrates a deep understanding of the Court's interpretations and their impact.

Proficient
3 Points

Writes a comparative analysis that demonstrates an understanding of how the Supreme Court has interpreted the Ninth and Tenth Amendments.

Developing
2 Points

Writes a comparative analysis that is superficial or lacks depth in discussing the Court's interpretations.

Beginning
1 Points

Struggles to write a coherent comparative analysis of the cases.

Category 4

Applying the Amendments to Contemporary Issues

Demonstrates the ability to apply the Ninth and Tenth Amendments to contemporary issues and formulate a well-supported argument.
Criterion 1

Issue Identification and Research

Relevance of the chosen issue and thoroughness of the research on different perspectives.

Exemplary
4 Points

Selects a highly relevant issue and conducts thorough and balanced research, demonstrating a comprehensive understanding of different perspectives.

Proficient
3 Points

Identifies a relevant issue and researches different perspectives, paying attention to arguments that invoke the Ninth and Tenth Amendments.

Developing
2 Points

Selects an issue that is somewhat relevant and conducts limited research on different perspectives.

Beginning
1 Points

Struggles to identify a relevant issue or conduct adequate research.

Criterion 2

Position Paper Argumentation

Clarity, logic, and persuasiveness of the position paper, supported by evidence and reasoning.

Exemplary
4 Points

Writes a compelling and persuasive position paper with a clear and logical argument, supported by strong evidence and insightful reasoning.

Proficient
3 Points

Writes a well-supported position paper arguing whether the federal government's actions are legitimate or an overreach.

Developing
2 Points

Writes a position paper with a weak or unclear argument, lacking sufficient evidence and reasoning.

Beginning
1 Points

Struggles to write a coherent position paper or support their argument with evidence.

Reflection Prompts

End-of-project reflection questions to get students to think about their learning
Question 1

How has your understanding of the balance of power between the federal government and individual rights evolved during this project?

Text
Required
Question 2

To what extent do you believe the Ninth and Tenth Amendments are effective in protecting individual rights and limiting federal power in contemporary society?

Scale
Required
Question 3

Which activity in this project was most helpful in understanding the complexities of the Ninth and Tenth Amendments, and why?

Multiple choice
Required
Options
Federalism 101: Defining the Layers of Power
The Amendment Connection: Unpacking the Ninth and Tenth
Supreme Court Showdown: Interpreting the Amendments
Rights vs. Reach: Applying the Amendments Today