Grade 5 Spring — US Constitution and the Early Republic (1783-1850): The Founders' Compromises, the People's Movements, and the Sovereignty That Endured
Lesson 7 60 min hist.g5.s.lesson_07

Six Constitutional Principles in Action — Federalism, Separation of Powers, Checks and Balances, Popular Sovereignty, Limited Government, Judicial Review (iCivics 'Branches of Power' Simulation)

Objectives
  • Students define each of the six core constitutional principles.
  • Students sort 18 power cards (6 federal / 6 state / 6 concurrent) under federalism.
  • Students play the iCivics 'Branches of Power' classroom simulation role-playing all three branches.
  • Students explain judicial review (Marbury v. Madison 1803).
Vocabulary
federalismseparation of powerschecks and balancespopular sovereigntylimited governmentjudicial reviewenumeratedreservedconcurrentNecessary and Propervetooverrideimpeach

Lesson plan

Warm-up

4 min

THREE PROMISES + 1-minute review: 'Bill of Rights ratified ___' (Dec 15 1791) and 'My signature amendment is ___' (each child)

Teacher moves
  • Three Promises
  • Quick poll: most popular signature amendments

Direct instruction

18 min

Show MG-5 Six-Principles Wheel. Walk through each principle with a concrete example. (1) FEDERALISM = power divided between national and state governments. ENUMERATED POWERS (federal): coin money, declare war, regulate interstate commerce, post offices, patent + copyright. RESERVED POWERS (state): education curriculum, marriage, drivers' licenses, criminal law mostly, state courts. CONCURRENT POWERS (both): tax, build roads, courts. The 10th Amendment confirms: powers not delegated to federal = states or people. (2) SEPARATION OF POWERS = federal power divided among THREE BRANCHES: LEGISLATIVE (Article I, Congress = House + Senate, makes laws), EXECUTIVE (Article II, President + VP, enforces laws), JUDICIAL (Article III, Supreme Court + lower courts created by Congress, interprets laws). (3) CHECKS AND BALANCES = each branch checks others. President VETOES Congress; Congress OVERRIDES with 2/3 in both chambers. Congress IMPEACHES (House majority) and CONVICTS (Senate 2/3) president or judges. President NOMINATES judges; Senate CONFIRMS (advice and consent). Courts DECLARE laws or executive actions UNCONSTITUTIONAL (judicial review). (4) POPULAR SOVEREIGNTY = 'We the People' (Preamble first 3 words); government derives authority from the people via voting, amendment process (Article V), jury duty, petition. (5) LIMITED GOVERNMENT = federal government only has powers delegated in Constitution (enumerated powers) + Necessary and Proper Clause; 10th Amendment confirms; Bill of Rights specifically limits what government can do TO individuals. (6) JUDICIAL REVIEW = Supreme Court has FINAL WORD on what Constitution means. Established in MARBURY v. MADISON 1803 — Chief Justice John Marshall's opinion. The Constitution does NOT say the Court can strike down laws — Marshall's opinion did. Marbury arose from Adams's lame-duck judicial appointments + Jefferson's refusal to deliver commissions; Marshall used Marbury (who never got his job) to establish the COURT'S OWN POWER.

Key examples
  • Notice: judicial review is not in the text of the Constitution. Marshall established it in 1803. It is now considered a co-equal branch power.
    model The Supreme Court can declare the law UNCONSTITUTIONAL via judicial review (Marbury v. Madison 1803 precedent). This is the check that the Judicial Branch has on the Legislative + Executive Branches.
    prompt If Congress passes a law and the president signs it, what can the Supreme Court do?
Checks for understanding
  • Name the six constitutional principles.
  • What is the difference between enumerated, reserved, and concurrent powers?
  • What does Marbury v. Madison 1803 establish?
Sourcework

Apply MG-7 to Marbury v. Madison majority opinion (G5-simplified). SOURCING: Chief Justice John Marshall 1803. CONTEXTUALIZATION: Jefferson's first term; Federalists + Democratic-Republicans in transition. CLOSE READING: Marshall's key sentence: 'It is emphatically the province and duty of the judicial department to say what the law is.' That sentence establishes judicial review.

Media
M-5-S-CIV-07-A Diagram
Wall poster 30 × 30 inches in pie-chart format. Six equal wedges color-coded: FEDERALISM (gold) — 'Power between nationa

Wall poster 30 × 30 inches in pie-chart format. Six equal wedges color-coded: FEDERALISM (gold) — 'Power between national + state governments'; SEPARATION OF POWERS (blue) — '3 branches make / enforce / interpret law'; CHECKS AND BALANCES (red) — 'Branches check each other (veto / impeach / judicial review)'; POPULAR SOVEREIGNTY (green) — 'We the People — voting / amendments / jury duty'; LIMITED GOVERNMENT (purple) — 'Only enumerated powers + Bill of Rights limits'; JUDICIAL REVIEW (orange) — 'Supreme Court has final word — Marbury v. Madison 1803.' Center has Constitution scroll icon. Below: 'These six principles work TOGETHER.' Available in tactile raised-relief version.

MG-5 Diagram
Constitutional Principles 6-Wheel poster: federalism (with national vs. state powers Venn diagram of enumerated + concur

Constitutional Principles 6-Wheel poster: federalism (with national vs. state powers Venn diagram of enumerated + concurrent + reserved) + separation of powers (3-branches with specific powers) + checks and balances (the matrix of who-can-check-whom — president vetoes Congress, Congress can override 2/3, Congress impeaches president and judges, judges can declare law unconstitutional, president nominates judges, Senate confirms) + popular sovereignty ('We the People' from the Preamble + voting + elections + amendments + jury duty) + limited government (enumerated powers + 10th Amendment + Bill of Rights protections + judicial review) + judicial review (Marbury v. Madison 1803 + the Court's power to interpret the Constitution + present-day implication). Each principle gets one large pie wedge with definition + example. The poster is displayed unit-wide for daily reference. Style: 6-color pie chart with calligraphy-style principle headings.

M-5-S-CIV-07-C Audio Physical / non-image

6-minute audio of Chief Justice Marshall's majority opinion key passages (G5-simplified). Reader: vetted historian-narrator. Pause-point at Marshall's key sentence: 'It is emphatically the province and duty of the judicial department to say what the law is.' Discussion prompt at pause-point: 'What does Marshall claim the Court can do?'

Guided practice

18 min
Tasks
  • Sort 18 power cards (e.g., coin money, regulate marriage, build roads, declare war, tax, run state courts) into FEDERAL (enumerated) / STATE (reserved) / CONCURRENT bins.
    scaffold MG-5 Six-Principles Wheel + Article I §8 enumerated list reference
  • iCivics 'Branches of Power' simulation: class divides into Senate (5 students), House (10), President (1), Supreme Court (3); mock bill passes through House → Senate → President signs or vetoes → if signed, Supreme Court reviews constitutionality. Role-play 1 mock bill through the full simulation.
    scaffold Role-cards provided per role; iCivics scoreboard tracks each branch's checks-and-balances actions
Media
M-5-S-CIV-07-B Interactive Physical / non-image

Classroom simulation kit: 19 role-cards (Senate 5 + House 10 + President 1 + Supreme Court 3); mock bill text printed in 3 difficulty levels (G5-easy: a school-cafeteria-funding bill; G5-medium: a national-park-creation bill; G5-stretch: a freedom-of-religion-versus-school-rule bill); scoreboard tracks each branch's checks-and-balances actions across the simulation; debriefing reflection sheet. Available from iCivics.org.

Formative assessment

4 min
Exit ticket
  • Name the six constitutional principles.
  • What did Marbury v. Madison 1803 establish?
scoring All 6 principles + Marbury answer = mastery

Closure

2 min
Moves
  • Place Marbury v. Madison 1803 on MG-4 Band 1
  • Preview Lesson 8 — Washington and Adams presidencies; the Whiskey Rebellion and Alien & Sedition Acts

Homework

7 min
Tasks
  • Read MG-3 Anatomy of the Constitution Articles I-III sections. Identify ONE specific power or limit you find interesting and write 2 sentences about it.

Exercises in this lesson

hist.g5.s.ex_13
Sort 18 power cards into FEDERAL (enumerated) / STATE (reserved) / CONCURRENT bins.
power card sort · diff 3
hist.g5.s.ex_14
In small groups, run the iCivics Branches of Power simulation through ONE mock bill. Document each branch's checks-and-balances action.
branches of power simulation · diff 4

Differentiation

Scaffolds
  • MG-5 wheel visual
  • Picture cards for 12 Tier-3 vocabulary terms
  • Bilingual support
Extensions
  • Stretch: read Federalist #78 (Hamilton on the judiciary)
  • Stretch: research another judicial-review case (McCulloch v. Maryland 1819)
English Learners
  • Bilingual MG-5 wheel
  • Sentence frames
  • Pre-teach vocabulary
Ieps 504s
  • Adult scribe
  • Reduced power-card sort to 9 cards (3 per category)

Teacher notes

iCivics 'Branches of Power' simulation is the standard G5 pedagogy for separation of powers. Run it carefully — children love the role-playing. Marbury v. Madison is the foundational case for judicial review — but emphasize that judicial review is NOT in the Constitution's text; Marshall established it. This becomes critical context for Lesson 15 (Worcester v. Georgia 1832 — when Jackson DEFIED a Supreme Court ruling).