We the People: the Citizen and the Constitution Best Practices for the Simulated Congressional Hearing

The Questions The questions for the Middle and High School We the People Simulated Congressional Hearing can be found at www.flrea.org on the We the People page

The Simulated Congressional Hearing

Simulated Congressional Hearing Judges (Congressional Committee) Students assigned to the unit serve as experts testifying before Congress.

How Students Will Be Assessed

Sample High School Unit Question Note: this is not a 2018-2019 Competition Question Unit Three: How Has the Constitution Been Changed to Further the Ideals Contained in the Declaration of Independence? “If a law has been properly passed by the law- making branches of a democratic government, why should judges have the power to declare it unconstitutional?”* Do you agree or disagree with the position implied by this question? Why or why not? * Robert A. Dahl, How Democratic is the American Constitution? (New Haven: Yale University Press, 2003), 55. What is judicial review, and why is it significant? How are judges different from other public officials? What are some factors judges consider when evaluating challenges to laws brought before the courts ?

Dissecting the Question Students should consider and present both sides of the question. “If a law has been properly passed by the law- making branches of a democratic government, why should judges have the power to declare it unconstitutional?”* Do you agree or disagree with the position implied by this question? Why or why not? * Robert A. Dahl, How Democratic is the American Constitution? (New Haven: Yale University Press, 2003), 55. What is judicial review, and why is it significant? How are judges different from other public officials? When footnotes are provided, students should read the cited publication. Provide a clear definition of the term. Cite relevant court cases. Marbury v. Madison and other landmark cases that have shaped U.S. History Highlight distinguishing characteristics, including relevant current events

Prepared Presentation 4 minutes Students will have 4 minutes to provide their prepared presentation to the question. (Timing will begin when students start to speak.) Judges should not interrupt the students during their prepared presentation. Students may use notes. Students do not need to memorize their opening statements. Students should answer the question thoroughly, addressing all parts of the question presented. Timekeepers will be a student or teacher from the team that you will be seeing. They have been provided training. Each room is outfitted with a timekeeping station and includes a stop watch and timing signs. These materials should remain in the room for the entire day.

Follow Up Questions 6 minutes After the prepared presentation, judges will alternate on asking follow up questions. Suggested follow up questions are provided but you may also ask questions based on the students' presentation. Questions should apply to the general substantive area presented. Follow up should feel like a conversation between the students and the judges Follow up questions should be from the provided examples or can be based on something the students say. Any questions asked during follow up should relate to the students’ presentation. We ask that judges be mindful of the panel they just saw and ask questions that you think are suitable for that particular panel of students.

Follow Up Questions: Tips and Considerations Follow up should feel like a conversation between the students and the judges Students may ask judges to clarify or rephrase a question if they do not understand what is being asked (should not use this as a stall technique) Students should work cooperatively to answer the questions A good rule for students: everyone speaks once before anyone speaks twice When an opinion-based question is asked, students should consider and address the opposing view point, even if no one on the panel agrees with that view point Follow up questions should be from the provided examples or can be based on something the students say. Any questions asked during follow up should relate to the students’ presentation. We ask that judges be mindful of the panel they just saw and ask questions that you think are suitable for that particular panel of students.

Resources Question Breakdown Grid Students dissect the question into parts and place in the grid To complete the grid, students use the textbook and outside resources to formulate a response