POWER POINT SLIDE TO ACCOMPANYUNITED STATES CITIZENSHIP

FIRST LESSONPREVIEW OF REQUIRED COMPETENCIES

MR. AKERLUND, TESOL INSTRUCTORCOLLEGE OF THE DESERT

Purpose of LessonThis is a “corners” activity in which the ESL students work together in teams to categorize and review

facts about the United States Government. The facts should be familiar to students from my previous lessons.

STUDENT PERFORMANCE OBJECTIVES:BY THE END OF THE LESSON STUDENTS WILL UNDERSTAND THE THREE BRANCHES OF AMERICAN GOVERNMENT AND BE ABLE TO DIVIDE THE STUDENT MADE CARDS WITH INDIVIDUAL FACTS OF ALL THREE BRANCHES OF OUR GOVERNMENT WITH SEVERAL SETS OF CARDS WITH THE SAME SET OF FACTS OF THEM. ONE FACT PER CARD.STUDENTS WILL WORK IN TEAMS OF FOUR TO SIX AND MARK EACH TEAM’ SET A DIFFERENT COLOR CARD SET WITH THE NOTATION FOR EACH SET OF 4-6 GROUPING OF STUDENTS.

FOUNDATION STANDARDS: 3.2 USING INTERACTIVE INSTRUCTIONAL STRATEGIES 3.3 USING INTERACTIVE DEMONSTRATION STRATEGIES 7.4 LEADERSHIP AND TEAM WORK

DEMOGRAPHICS: ADULT STUDENTS IN A PUBLIC ADULT ESL COLLEGE SETTING REPRESENTING A WIDE RANGE OF SOCIOECONOMIC LEVELS OF A PREDOMINATELY LATINO POPULATION. MOST OF THE STUDENTS ARE BILINGUAL AND ARE ENGLISH LEARNERS. THERE IS A SMALL PERCENTAGE OF ATYPICAL STUDENTS WITH LEARNING DISABILITIES.

INTRODUCTION: EACH GROUP OF 4-6 STUDENTS WILL MAKE ON SET OF CARDS FOR EACH TEAM. EACH TEAM WILL HAVE A DIFFERENT COLOR OF CARDS. ( 30 MINUTES ) POSTED MANILA ENVELOPES THAT ARE EACH LABELED WITH THE NAMES OF THE THREE BRANCHES OF GOVERNMENT WILL BE HOUSED IN DIFFERENT PARTS OF THE CLASSROOM. EACH TEAM WILL DECIDE WHICH BRANCH OF GOVERNMENT EACH FACT IS RELATED TO, AND PLACE THE CARD IN THE APPROPRIATE LABELED ENVELOPE. EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH.

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Pre-activity to lesson: Upon the culmination of teaching the three branches of USA government the students will orally present to the instructor in class the

different powers of each branch of government and these facts will be posted on the whiteboard in the front of the classroom. The students will form groups and will write the facts of each branch of government off the board onto 3x5 cards. The preceding lesson will allow students to distribute the cards and then each

team will orally read the facts off each student made card to again review offering continued basic listening and speaking skills.

Checking for Understanding: The continued guided practice of the written facts and orally English speaking exercise allows students thinking skills and decision making and problem solving within group “teams” to then classify cards into the three branches of USA government categories. Distributing them by appointment of team leaders by student members of each grouping fosters personal qualities of responsibility, sociability, and self management skills.

Competencies: Allocation of Time allotments and allocation of human capita working collectively. Interpersonal skills are taught by activity based “group” learning fostering participation of self, team leader appointments by groups, and finally negotiations to arrive at decision making of what “facts” should be written on individual student made cards. Each team again making one set of cards and one fact per card fostering written English skills.

Post introduction instructors directives to class: Three manila envelopes that will be labeled with the names of the three branches of governmentin different parts of the classroom will be visually cued with pictures of Executive Branch, Legislative Branch, and Judicial Branch on each envelope. With a team leader appointed to each group the teams’ task will be to decide which branch of government each fact is related to, and put each card into the correct envelope.

The class is now divided into teams and distribution of one set of cards to each team. The instructor announces that each group will work collectively to divide the cards into the correct categories and then proceed to the envelope ( hands up to proceed) to place categorized cards into Executive, Legislative, or Judicial placements.

When completed the student team leaders will check each envelope and see if the cards placed are in the correct category of branches of government.

The team with the fewest errors wins. Each team leader will redistribute the cards and orally everyone will take turns reading each card and open discussion proceeds to culminate this activity.

INSTRUCTIONAL TOPIC: DISCUSS THE THREE BRANCHES OF AMERICAN GOVERNMENT AND IDENTIFY TO CLASS AS THE EXECUTIVE BRANCH, LEGISLATIVE BRANCH, AND JUDICIAL BRANCH OF USA GOVERNMENT. (30 MINUTES)

EXECUTIVE BRANCH OF USA GOVERNMENT

The power to interpret federal law ---the power, in Marbury v. Madison’s famous words, “to say what the law is”--is not a specifically enumerated or delegated power incidental to each branch of the federal government. Rather, it is an implied power incidental to each branch’s functions. The courts interpret law as a consequence of their duty to decide “cases” and “controversies” of a certain description, not as a result of a constitutional assignment of a special competence or superiority vis-a-vis the other branches in this regard. Similarly, the executive branch interprets the law in the course of performing its duties to take care that the laws are faithfully executed. The executive branch has power to interpret federal law. Consistent with the Constitutions separation of powers among coordinate, independent branches, the President has co-equal interpretive authority with the courts ( and with Congress ). Moreover, the President’s interpretive authority is completely independent within the sphere of his governing powers. The President is not literally bound by the legal view of the other branches, not even the pronouncements of the Supreme Court, when considering the law’s requirements with respect to exercise of any of those powers entrusted to him.

Additional Executive Branch Facts:

President must be born in the United StatesPresident must be at least 35 years old.There was no limit ( in Constitution ) on the numbers of terms president could serve. George Washington decided to only serve two terms so that was the custom. After Franklin D. Roosevelt served four terms Congress passed a law limitingthe president to serve a maximum of two terms.

Checks and Balance: Senate can approve or deny appointments to the Supreme Court and CabinetSenate can approve or deny treatiesOnly the President can negotiate treatiesSupreme Court appointments are for life unless impeachedOnly the House of Representative may introduce a spending bill.President can veto any bill

SOME POWERS OF THE LEGISLATIVE BRANCH OF USA GOVERNMENT

1.) A JUDGE MAY, AMONG OTHER COURT ORDERS, ISSUE WRITS OF HABEAS CORPUS (THE POWER TO CALL ANY PRISONER BEFORE THE COURT TO TEST THE LEGALITY OF HIS DETENTION). EXERCISE OF AUTHORITY BY A JUDGE OF THE SUPREME COURT OR A COURT OF APPEAL IS SUBJECT TO REVIEW BY THE WHOLE COURT. THE POWER OF JUDGES TO PUNISH FOR CONTEMPT OF COURT IS LIMITED BY LAW.

2.) QUALIFICATIONS FOR JUDGES- A JUDGE OF THE SUPREME COURT, A COURT OF APPEAL, DISTRICT COURT, FAMILY COURT, PARISH COURT, OR COURT HAVING A SOLELY JUVENILE JURISDICTION SHOULD HAVE ESTABLISHED ONE YEAR PRECEDING ELECTION. A JUDGE SHOULD ALSO HAVE PRACTICED LAW IN THE STATE FOR AT LEAST THE NUMBER OF YEARS SPECIFIED AS FOLLOWS: FOR THE SUPREME COURT OF APPEALS - TEN YEARS

FOR A DISTRICT COURT, FAMILY COURT, PARISH COURT, OR COURT HAVING SOLELY JUVENILE JURISDICTION- EIGHT YEARS

JUDGES : ELECTION AND VACANCY : ALL JUDGES ARE ELECTED . ELECTIONS ARE PERFORMED AT TIMES OF A REGULAR CONGRESSIONAL ELECTION. A NEWLY-CREATED JUDGESHIP OR A VACANCY IN THE OFFICE OF A JUDGE IS FILLED BY A SPECIAL ELECTION BY THE GOVERNOR. UNTIL THE VACANY IS FILLED THE SUPREME COURT NAMES TEMPORARY APPOINTEES. TEMPORARY COURT APPOINTEES ARE NOT ELIGIBLE FOR THE SUBSEQUENT ELECTION TO FILL THE POST.

HOW JUDGES ARE SELECTED: ELECTED IN THE GENERAL ELECTION. NON-PARTISAN. FOR THE DISTRICT COURT, VACANCIES BETWEEN GENERAL ELECTIONS ARE FILLED BY APPOINTMENT BY THE GOVERNOR FROM A LIST COMPLIED BY THE COMMISSION ON JUDICIAL SELECTION. FOR THE APPELLATE COURTS. CCCCCCCOURTS,CVACANCIES

•Legislative branch of government powers: Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress. The President may veto bills Congress passes, but Congress may also override a veto by a two-thirds vote in both the Senate and the House of Representatives.Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution.Part of Congress's exercise of legislative authority is the establishment of an annual budget for the government. To this end, Congress levies taxes and tariffs to provide funding for essential government services. If enough money cannot be raised to fund the government, then Congress may also authorize borrowing to make up the difference. Congress can also mandate spending on specific items: legislatively directed spending, commonly known as "earmarks," specifies funds for a particular project, rather than for a government agency.

JUDICIAL BRANCH OF USA GOVERNMENT

Article III of the US Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of the Supreme Court Justices is left to Congress---at times there has been as few as six, which the current number ( nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases. Generally, Congress determines the jurisdiction of the federal courts. In some cases, however---such as in the example of a dispute between two or more U.S. states --- the Constitution grants Supreme Court original jurisdiction, an authority that cannot be stripped by Congress. The court only try actual cases and controversies---a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each year.

The Judicial Process

Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.

The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:

• A guarantee that no person shall be deprived of life, liberty, or property without the due process of law

• Protection against being tried for the same crime twice ("double jeopardy")

• The right to a speedy trial by an impartial jury

• The right to cross-examine witnesses, and to call witnesses to support their case

• The right to legal representation

The right to avoid self-incrimination

• Protection from excessive bail, excessive fines, and cruel and unusual punishments

Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.

The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.

Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations. If a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case. If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury.

After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court. A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the outcome of the case. An appellate court makes its decision based on the record of the case established by the trial court or agency — it does not receive additional evidence or hear witnesses. It may also review the factual findings of the trial court or agency, but typically may only overturn a trial outcome on factual grounds if the findings were "clearly erroneous." If a defendant is found not guilty in a criminal proceeding, he or she cannot be retried on the same set. of facts.

Material Needed: Supply of 3x5 cards with three different colors, markers, white board, powerpoint presentations covering major

facts of three USA branches of government, three visually identified 3 branches of government extra large manila envelopes,

apple laptop computer to present teacher made powerpoint lessons for this one cumulating lesson. on,

Checking for understanding: The continuance of visually presented facts of the three branches of government, the listening, the writing, and the oral presentation by students after they complete their group activity of listing vital facts of the three USA branches of government will transition the students into further organization skills utilizing self management to advance the students into the activities presented in this lesson. These ESL adult learner need to repeat orally terminology which increase vocabulary per capita beneficiaries of language comprehension. This lesson continues to align ESL adult learners with Common Core Ca. State standards in literacy in both history and social studies curriculum.

Closure: Revisit instructors powerpoint original presentation outlining the facts of the powers of each of the three branches of government within these United States of America and emphasize their importance within both the oral and written United States of America testing procedures to become a legal American. Guided Practice: All lessons are written in large script introducing different

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Closure of Lesson: Continued Relationship of text usage writing forms of script for ESL Learners in Adult Education Classes

Writing as referenced by Wikipedia is a medium of communication that represents language through the inscription of signs and symbols. In most languages, writing is a compliment to speech or spoken language. Writing in not a language but a form of technology. Within the written language system, writing relies on many of the same structures as speech, such as vocabulary, grammar and semantics, with the added dependency of a system of signs or symbols, usually in the form of a formal alphabet. The result of writing is generally called text, and the recipient of text is called the reader. Motivations for writing include publication, storytelling, correspondence and diary. Writing has been instrumental in keeping history, dissemination of knowledge through the media and the formation of legal systems. As human scientists emerged the development of writing was driven by pragmatic exigencies such as exchanging information, maintaining financial accounts, codifying laws and recording history.

Final Discussion of this presentation closure of lesson will allow the ESL and Special needs learners the continued dialogue of the importance in learning both citizenship, United States history and the continued emphasis on the English word and usage in both written and oral communications.