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I created the rationale for our final project and also created the technology part of the lesson. Here is the link to the Nearpod activity I made we can use at the end of the activity for both having the students vote and engaging in a closing discussion that will summarize the activity and reinforce why we did it.

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I added you guys to the Google Doc drive but here is the link if you are having difficulty getting in. I have wrote the rationale for the activity already.

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I really like the worksheet, I believe it covers all the bases that need to be covered in an easy to understand way.

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The Mock trial is a great way for students to experience what a trial is like in person. I think it is a engaging activity that can tie into the assessment.

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I think that McCulloch v. Maryland is a great way to show how the branches of government work.  It is a real life historical example that shows how the branches work in a practical way.  I agree that an authentic assessment is the way to move forward on this.

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I like the idea of having some choice for in assessments like these, so we could do a mock trial writing option, political cartoon/meme/gif option, and something else. Great handout btw :)

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Here is a worksheet I just created for a lesson I am teaching this week. I think that when we talk about McCulloch v. Maryland we need to also remember to incorporate this vocabulary because they are on the HSA's. This case is important for these terms because it demonstrates judicial review, separation of powers, checks and balances, and the limits on government. I am uploading my worksheet because it has the 13 principles of democracy on it, we don't have to actually use it for the project :)

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Principles of Democracy Fill in the Blank Worksheet

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Maybe we could also have the students create memes or gifs. Fyi, this is Kristina. I am on my phone and for some reason it's not displaying my name.

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https://changeagent.nelrc.org/in-the-classroom/teaching-with-political-and-editorial-cartoons/

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Matt I actually did my senior thesis for undergraduate on political cartoons! I love that idea even more than a mock trial!!!

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I like the idea of doing a "mock trial" where we can have students retry the case. We could have the assessment part be a McCulloch argument, a Maryland argument, and a SCOTUS decision (since there are three of us, each of us could write one for the student exemplar). Through these arguments, we would be assessing how students understand the issues surrounding federalism, the Constitution, etc. Thoughts?? I also love political cartoons so we could go that route too if we want to do some drawing!

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"Authentic assessment has also become a regular part of many social science teachers’ repertoire. History teachers may assign groups to plan the founding of a moon colony, analyzing what would be necessary to make it succeed. A Venn diagram comparing the Articles of Confederation and the U.S. Constitution is a simple way to determine how well students truly understand the documents, while writing help wanted ads for members of the branches of government allow assessment of both government concepts and writing skills. Geography students can show what they know by creating travel brochures for the regions, states, or countries the class is studying. Older students can show their understanding of both significant court cases and the judicial process by holding mock court to “argue" the Marbury vs. Madison or Brown vs. Board of Education cases."

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What is Authentic Assessment?

On his website, Authentic Assessment Toolbox, Jon Mueller defines authentic assessment as "a form of assessment in which students are asked to perform real-world tasks that demonstrate meaningful application of essential knowledge and skills." This type of evaluation checks students' understanding and knowledge through circumstances that model real-world situations in which those skills are typically required.

How Do Traditional Assessment and Authentic Assessment Compare?

First, it is important to understand that traditional and authentic assessment are not mutually exclusive means of checking students'

progress, but should, instead, be used to complement one another. The informed teacher uses traditional assessment to test the breadth of students' knowledge, while authentic assessment measures the depth of understanding and the ability to apply the knowledge.

Traditional assessment requires learners to select answers in multiple-choice or matching questions, or to recall facts in fill-in-the-blank and short answer questions. It is usually norm-referenced and focuses on measuring the acquisition of a specific body of knowledge.

Authentic assessment, on the other hand, is criterion-referenced. It involved "backward planning," in which teachers decide what students need to be able to do in order to show their mastery of the targeted knowledge and skills. They then develop a set of learning activities and experiences that will provide students with the essential knowledge, skills, understanding and tools to complete the required task. Students receive a rubric of the project's criteria before they begin the task.

Authentic assessment is also valuable in teaching students how to evaluate their own performance, which is an important skill in the world outside the schoolroom. However, because it is often more time-intensive than traditional assessment, it is not appropriate for every part of the curriculum.

What Are Some Examples of Authentic Assessment?

Types of authentic assessment take many forms, all of which involve higher order levels of thinking. They are often task-based and analytical. For example, a traditional assignment might ask students to identify and describe the setting of a story; an authentic assessment of the task would instead have students explain why the author chose to select the story's setting and what effect it has on how the story progresses.

In this type of assessment, students might discuss books, write letters, participate in debates or dramatic presentations, or keep journals. Some specific examples for the core subject areas appear below.

Language Arts

Most types of student writing, including the revision and editing stages, would fit into the authentic assessment model. Some ideas include writing letters to story characters, creating story maps, planning a business and writing a request for start-up capital, or writing/delivering speeches in a political campaign. Older students could research a selected topic and write an annotated bibliography instead of the usual term paper.

Mathematics

Math may lend itself most easily to finding examples of authentic assessment. Primary students can create shape pictures and then demonstrate understanding by identifying the shapes and colors they used. Hypothetically trading stocks and evaluating the results, interviewing other people or journaling about the use of fractions in one day, determining how much paint or carpet required to redecorate a room in the student's home, or working with a group to teach the vocabulary or concepts of a particular math unit are all examples of alternative assessment.

Performance assessment has been a part of most science classes since long before researchers recognized its validity. Lab experiments are excellent opportunities for students to demonstrate knowledge in real-world style situations. Recycling or other health campaigns are also fun ways to evaluate students' understanding.

Social Studies

Authentic assessment has also become a regular part of many social science teachers' repertoire. History teachers may assign groups to plan the founding of a moon colony, analyzing what would be necessary to make it succeed. A Venn diagram comparing the Articles of Confederation and the U.S. Constitution is a simple way to determine how well students truly understand the documents, while writing help wanted ads for members of the branches of government allow assessment of both government concepts and writing skills. Geography students can show what they know by creating travel brochures for the regions, states, or countries the class is studying. Older students can show their understanding of both significant court cases and the judicial process by holding mock court to "argue" the Marbury vs. Madison or Brown vs. Board of Education cases.

There are so many types of authentic assessment that the biggest challenge may be choosing the best one for a particular unit of study.

Resources

More information about authentic assessment is available at these sites.

Funderstanding - Authentic Assessment

Eduplace - What Is Authentic Assessment?

North Central Regional Educational Labratory - Approaches to Authentic Assessment

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Types of Authentic Assessment Including Resources and Examples

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Authentic assessment provides teachers with the opportunity to evaluate how students are able to apply their knowledge and skills to real-world situations. Learn how it compares to the traditional assessment and find examples to use in math, language arts, science, or social studies classes.

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This video is LONG but does a great job of explaining the case.

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- Hey, this is Kim from Khan Academy and today we're learning about McCulloch versus Maryland, a Supreme Court cases decided in 1819 that helped to define the relationship between the federal government and the states. The question at issue in this case was whether the state of Maryland could tax the Baltimore branch of the Bank of the United States. And whether Congress even had the power to create a Bank of the United States in the first place. To learn more, I sought out the help of two experts. Randy Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center and Director of the Georgetown Center for the Constitution. Neil Siegel is the David W. Ichel Professor of Law and Professor of Political Science at Duke Law School. So, Professor Barnett, could you kind of set the stage for us, what was happening in this case? What was the overall context? - Well, McCulloch versus Maryland was a culmination of a 30-year old constitutional controversy. In fact, it was the culmination of one of the earliest controversies that we had in the country, and that is over whether Congress had the power to establish a national bank, a bank that would be a corporation formed by Congress and which would have certain privileges that Congress granted it. This was a proposal that had been made by Alexander Hamilton when he was Secretary of the Treasury in the Washington administration in the very first year of the Washington administration, and it went to Congress, and there was a very, very robust debate in Congress as to whether this measure was within the powers of Congress to enact. Eventually, Congress voted that it was, and then before he signed the bill, President Washington asked some of his cabinet members to give him their opinion on whether it was constitutional, and he heard from several of his cabinet members. He heard from his Attorney General, Edmund Randolph, he said it was unconstitutional. He heard from his Secretary of State, Thomas Jefferson, Jefferson said it was unconstitutional. And finally, he heard from his Secretary of Treasury, who had proposed it, Alexander Hamilton, who said it was constitutional. And Washington signed the bill and it became law. And it established the First National Bank of the United States. - [Siegel] This case arose in May of 1818 when Maryland sued McCulloch, and he was the cashier at the Baltimore branch of the bank. And Maryland sued him in state court to recover a tax assessed by Maryland on the bank. And this was a time of intense hostility towards the national bank in a number of states. The state banks competed with the national bank, and there had been an economic panic in 1818, when the U.S. bank halted its loans and state banks that had loans from the federal bank were crippled. And in response, a number of states passed nearly annhilative taxes on the federal bank, and that's the environment in which, in 1819, McCulloch against Maryland came before the Supreme Court. - [Kim] I find this very interesting, because this is something that we talk a lot about in the early 19th century, the Bank of the United States. And what was good about it and what was bad about it. And there are certain people who were certainly enemies of the bank, like Thomas Jefferson, and then later, Andrew Jackson. Why did people object to the Bank of the United States so much? - [Siegel] Yeah, there were a variety of objections. There was a real political policy disagreement about whether it was a good idea. Hamilton had a nation-building, economy-building objective as the first Secretary of the Treasury. He wanted to pay off both the national debt and the state debts from the Revolutionary War, which remained unpaid. He was emphasizing manufacturing and commerce and a national bank was a key part of his plan. The bank would make it easier for the national government to raise taxes, to pay off debts, to make payments, to obtain short-term loans. The notes issued by the bank could function as a national currency, it could also provide a source of capital for financing businesses. But the opponents had different ideas. - [Barnett] One of the leading opponents in Congress was James Madison, who at the time was a representative from Orange County, Virginia. And what concerned him, and I think it's what concerned many people, was no expressed enumerated power in the Constitution for Congress to make a bank. There was an enumerated power to create a post office, but there was no enumerated power to create a bank. So the question is whether the failure or the silence of the Constitution on whether there was this power should be construed in favor of having such a power, or not having such a power. And Madison's concern was that to imply such a power, especially when the way in which it was being implied was very remotely connected to one of the enumerated powers that were in the Constitution, was very dangerous because by that form of reasoning, Congress can essentially do whatever it wished, and that would violate the basic pledge that this was going to be a national government of limited and enumerated powers. - [Kim] So in Congress, what was the power that proponents of the bank used to justify passing it? - [Barnett] The principle power that they used is called the Necessary and Proper Clause. The Necessary and Proper Clause says Congress shall have power to make all laws which shall be necessary and proper for carrying into execution its foregoing powers, those powers on the list, and all other powers vested by the Constitution in the government of the United States or any department or officer thereof. This is called the Necessary and Proper Clause. It allows for Congress to make laws incidental to the enumerated powers to effectuate, or carry into execution, those powers. And supporters of the bill said that the bank carried into execution a number of powers, it carried into execution the taxing power, it carried into execution the commerce power. The opponents of the bank said, well, it may do that, but it only does that in a very attenuated way. And therefore, if it can do this in order to effectuate that power, then it pretty much can do anything to effectuate power, and therefore it can pretty much do anything. And that's a big problem. - [Kim] So Maryland sues McCulloch, and then what happens? - [Siegel] Maryland sues McCulloch, because Maryland didn't pass the annihilative tax, it was a tax of around two percent of the banknotes issued by the National Bank. And Maryland won in the state trial court, and Maryland won in the state supreme court, and this was really not a surprise at the time, - (laughter) state courts were, let's just say, solicitous of the views of the state and after the state supreme court decided, the case went to the U.S. Supreme Court on appeal. So even though Maryland sues McCulloch, by the time it gets to the Supreme Court, it's called McCulloch against Maryland because McCulloch, the cashier at the Baltimore branch, is now the petitioner, he's requesting the U.S. Supreme Court review of the decision of the Maryland high court. And McCulloch is asking the Supreme Court to intervene and, in essence, side with the federal government over the state. - [Kim] Interesting. So what are the constitutional issues at stake once the McCulloch case gets to the Supreme Court? - [Barnett] Well, the Supreme Court in a very lengthy opinion has to consider a couple of different matters. First it has to consider whether the states have the power to tax a federal entity like a bank. And that's where you have the famous statement by John Marshall that says, "the power to tax can be the power to destroy." What he's talking about is the power of states to tax a federal entity like a bank, might be the power of states to destroy a federal entity, and he ruled against that claim. And he basically argued that states couldn't have that kind of power. - [Siegel] And a threshold question before the Supreme Court decides that question of state authority to tax the national government, is whether the national bank can exist to begin with. Is there federal power to create a national bank? Part of what Maryland is arguing is that there's no federal power to create the bank, and so in fact, this taxation that it's engaging in is unproblematic. The first question is whether the federal government can create the bank, and if the answer is no, then the case is over. If the answer is yes, then you get to the second question of whether the states can tax this part of the federal government, the national bank. - [Kim] So at this time, the Chief Justice of the Supreme Court is John Marshall, very well-known as being kind of the Chief Justice that brought the Supreme Court to be a major player in the U.S. governmental system. How did he interpret what was going on, what did he and the other justices decide? - [Siegel] He borrowed extensively from Hamilton's arguments. And so Marshall adopted Hamilton's arguments in defense of the constitutionality of the bank, that Hamilton originally articulated back in 1790, 1791. So the court held an opinion by the great Chief Justice, first, that Congress does possess the authority to create the bank and secondly, that states have no authority to tax the bank. - [Barnett] And that is what Marshall concluded was within Congress' power under the Necessary and Proper Clause to enact. And in fact, when it got to the court in McCulloch versus Maryland, it was the state of Maryland who basically adopted the Jeffersonian approach and said that a measure must be, in its words, indispensably requisite, or what you might call absolutely necessary in order for it to be constitutional. And whereas the defenders of the bank bill said that it could be a lot less than that. So, I think there's basically three positions that you can have. It has to be indispensably requisite, or logically necessary, that's the Jefferson and Maryland view. It could be merely a matter of convenience or expediency, meaning basically Congress can do whatever it wants. That's the liberal view that's sometimes attributed to John Marshall in McCulloch versus Maryland, but he denied it. And there's the in-between position that I think both Madison and Hamilton were favoring, and that is the requirement of some degree of means-ends fit, so that a measure really is aimed at a particular end, and it's not really trying to accomplish something that Congress isn't given the power over. - [Siegel] What I think is less well-known about this case is that this part of the case was over and the court had already decided, that this federal power to create the bank, before it even got to the Necessary and Proper Clause. This case is a great example of what's called Structural Constitutional Interpretation. Hamilton articulated two structural principles. First, that the federal government is supreme within it's sphere of action. And second, if some kind of end is within federal power, is listed in the Constitution, then any convenient or useful means to accomplishing that end is also within the scope. And so Marshall decides that drawing inferences from his understanding of the theory and structure of government created by the Constitution, and only after he does that, does he then turn to the Necessary and Proper Clause to confirm what he has already deduced through what he calls general reasoning. - [Kim] So, McCulloch versus Maryland is frequently paired with Marbury versus Madison as being two cases that really decide the extent of federal power in this early era. Do you think these two cases are related? What do they tell us about the ideas at this time period about federal power? - [Barnett] Well, they're very important. I don't think they are quite as extreme as they've come to be read after the New Deal. When the New Deal Court and the rest of advocates for a New Deal were going back into the past and seeking justifications for what they wanted to do, they read McCulloch versus Maryland very broadly. They also read Marbury versus Madison, actually they read Marbury versus Madison, in some respects, very narrowly because they didn't want courts invalidating their New Deal legislations. Marbury versus Madison was not a huge deal at the time it was decided. The idea that judges had a duty to follow the higher law when it was in conflict with the mere statute was widely accepted at the time of the founding. And so Marbury was not announcing a new policy. McCulloch versus Maryland, on the other hand, was extremely controversial when it was decided, and in fact quite oddly, James Madison, who had signed the bill authorizing the second bank into law, greatly, strenuously objected to John Marshall's opinion in McCulloch versus Maryland upholding the bill that Madison had signed into law. So, Madison still maintained that Marshall had a latitudinarian or overly-broad interpretation of federal power even in upholding the bill that Madison, by this time, had come to believe was constitutional. - [Kim] So what ultimately happened with the Bank of the United States? - [Siegel] What ultimately happened is both the bill creating the First Bank and the Second Bank had what's called a sunset provision, which means after a certain amount of time, and it was 20 years, it expires. And so to reauthorize it, it puts the burden on inertia on those who want the thing to continue. And so Congress had to pass another bill reauthorizing the bank, and President Andrew Jackson opposed reauthorization. - [Barnett] President Andrew Jackson vetoed the reauthorization of the bank, and it was very interesting because he vetoed it on constitutional grounds, he said it was unconstitutional. And yet, what happened in McCulloch versus Maryland, if McCulloch versus Maryland said the bank was constitutional, how could President Jackson say that it was unconstitutional? Well, it was interesting. Because what McCulloch said was that the bank was constitutional as an exercise of Congress' power to make laws that are necessary and proper, that Congress believed was necessary and proper, and because Congress believed it was necessary, and because the measure was plainly adapted to a legitimate end in the Constitution, then it was constitutional. What Jackson said was, hey look, the court said that it's up to Congress to decide whether something is necessary and therefore constitutional, and I as president exercise a veto power as part of the legislative process, therefore, it is up to me to decide whether the measure is necessary and therefore is constitutional, so I as president have decided that a bank is not necessary and therefore, because the bank is not necessary, it is unconstitutional, and McCulloch versus Maryland allows me as a participant in the legislative process to make that call. - [Siegel] Congress did not override Jackson's veto and the bank expired and the story ended in 1836. And I think this speaks to one of many morals of the story of the Bank of the United States. The Supreme Court doesn't have the last word on Constitutional questions when it upholds exercises of federal power. It's then left to the political process to decide whether or not it wants to continue whatever controversial action or legislation was at issue. - [Kim] So is there any aspect of McCulloch versus Maryland that still affects us today? - [Barnett] One reading of McCulloch is that it gives Congress a power so broad, that allows Congress to exercise any power that it deems convenient to the exercise of one of its enumerated powers, that is how McCulloch has come to be interpreted. I think that is an over-reading of McCulloch. And it also overlooks one of the key passages of McCulloch versus Maryland that nowadays is given no legal effect by the Supreme Court. This is what John Marshall said: should Congress, under the pretext of executing its powers, pass laws for the accomplishments of objects not entrusted to the government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. So what Marshall is saying there is that just because Congress says a law is necessary to one of its enumerated powers, doesn't make it so. And if there is a lack of fit between means and ends suggesting that in fact Congress is trying to pursue one of the powers that was not given to it under the Constitution, it really would be the painful duty of the tribunal to say it was not the law of the land, and that's what connects this case back up with Marbury versus Madison, in which it is the painful duty of the Supreme Court to say that a statute is not the law of the land if it's unconstitutional. That aspect of McCulloch versus Maryland is no longer followed in part because during the New Deal, the Supreme Court said it would not inquire into the motives of Congress in enacting laws. And in fact, what McCulloch is saying here is to inquire into the motives, it's to say, hey look, it purports to be doing one thing but it's really doing something else and that is pre-textual. - [Siegel] There has been irreconcilable disagreement on basic Constitutional questions from the very beginning of the Constitution. Madison and Hamilton, who come together and write the Federalist Papers, they disagree about this fundamental question of strict versus loose construction of Congress' enumerated powers. They also disagree about Congress' spending powers, they disagree about inherent executive power. So sometimes, originalist constitutional arguments presuppose a greater degree of consensus about what the Constitution means at the start of the country that I don't see when I study the history. We have always disagreed. We've always managed to find some kind of community in disagreement. It's the conflicts and disagreements that have binded us together as much, if not more, than the agreements we've had about what the Constitution means. - [Kim] So we've learned that McCulloch versus Maryland was about far more than just a tax on a bank. It bolstered the power of the federal government by broadly defining the Necessary and Proper Clause and by confirming that federal law is supreme to state law. To learn more about McCulloch versus Maryland, visit the National Constitution Center's interactive Constitution, and Khan Academy's resources on U.S. government and politics.

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McCulloch v. Maryland (video) | Khan Academy

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Learn for free about math, art, computer programming, economics, physics, chemistry, biology, medicine, finance, history, and more. Khan Academy is a nonprofit with the mission of providing a free, world-class education for anyone, anywhere.

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I like the idea of using McCulloch v. Maryland and there are lots of ways we can implement authentic assessment that relates to this.

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I was thinking for the subject of our final project we could do something on  McCulloch v. Maryland (1819). This would be a 9th grade US Government level authentic assessment.  I think it could be a fun way to assess knowledge of the branches of government, constitutional rights, and checks and balances. What do you guys think?

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Compelling Question

Does the federal government have too much power?

Facts of the Case

After the War of 1812, (when was that?) the U.S. government needed additional funds to pay off the debts of the war. At the time, there was no central US national bank, so instead of being able to borrow money from one institution, the government had to work with multiple state banks. How inefficient! As a result, in 1816, Congress set up the Second Bank of the United States with branch offices in multiple locations and convenient horse and buggy drive through service. Many states opposed the National Bank because the state banks then had to compete for business. In response, Maryland passed a law requiring the national bank to pay a heavy tax to the state of Maryland. James McCulloch, the bank's bad-to-the-bone cashier, refused to pay the tax!

McCulloch was convicted of failing to pay the tax and was fined $2,500. He appealed the case to the Maryland Court of Appeals, which upheld the decision of the lower court and affirmed McCulloch's conviction. The dispute reached the Supreme Court of the United States.

The Court Considered These Constitutional Questions:

Did Congress have the power to establish a national bank?

Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers?

Do we look fat in these robes?

"Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional."

- John Marshall

Fun Facts

When the Maryland courts upheld this law, the Bank, in the name of its Baltimore branch cashier James W. McCulloch, appealed to the Supreme Court. Who said bank tellers couldn't be famous!?!

Daniel Webster, with William Pinkney, argued the case on behalf of the Bank. Luther Martin argued the case on behalf of Maryland.

The First Bank of the United States was chartered by Congress for 20 years on February 25, 1791. The concept of the bank was the brainchild of Alexander Hamilton, the first Secretary of the Treasury and a visionary for the great future of America.

John Marshall was the chief justice presiding over a landmark case - again!

There were seven Supreme Court Justices when the case was decided. The ruling was unanimous, but Justice Thomas Todd did not take part in the ruling. On March 29, 1812, Todd had married Lucy Payne Washington, the youngest sister of Dolley Madison and the widow of Major George Steptoe Washington, who was a nephew of President George Washington. It is believed to be the first wedding held in the White House.

Supreme Court Justices do look fat in their robes.

Sources

Oyez - McCulloch v Maryland

Crash Course Video - Federalism

National Archives Primary Source - McCulloch v Maryland ruling

Relevant Excerpts of the Constitution:

The Necessary and Proper Clause (Article I, Section 8, Clause 18)

"The Congress shall have the Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution."

The Necessary and Proper Clause is also known as the "Elastic Clause" because its meaning may be stretched to allow Congress to pass a variety of laws.

The Supremacy Clause (Article VI, Clause 2)

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding."

This part of the Constitution specifically states that federal laws take priority over state laws.

The Tenth Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people."

Main Arguments for McCulloch:

Although the power to charter a national bank is not specifically mentioned in the Constitution, it is one of the implied powers that the Necessary and Proper Clause grants Congress.

The bank is a "necessary and proper" way for Congress to conduct the financial affairs of the country.

If Maryland is allowed to tax the bank, the state could destroy the bank by taxing it so much that it would have to close.

Main Arguments for Maryland:

Main Arguments for Pizza:

The Court's Decision:

The Court unanimously ruled in favor of the national government's right to establish the bank and also found that the state did not have the power to tax the institution.

Chief Justice Marshall, writing for the Court, stated that the federal government possessed powers that were not explicitly expressed in the Constitution, known as implied powers. Although the federal government did not specifically have the power to charter a national bank, the national Congress did have the authority to make all laws "necessary and proper" to accomplish other tasks.

Marshall also held that even though the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme ... they control the constitution and laws of the respective states, and cannot be controlled by them." Maryland did not have the ability to tax a federal establishment. Taxing the national bank was really an attempt by the state to destroy the bank, and this was a challenge to the federal government's constitutional supremacy.

The Court did not rule on pizza, as it had not been invented yet.

For your Consideration

Imagine life without The Necessary and Proper Clause, where the federal government is limited to only enumerated powers listed in Article I, Section 8 of the US Constitution. Think about how different the government and American life would be.

Imagine life without The Supremacy Clause, where much like America under the Articles of Confederation, the federal government is no longer superior to the states. Think about how different the government and American life would be.

1. When there is a conflict between state and federal government, who wins and why?

2. Is the growth of the federal government which McCulloch v Maryland made possible a good thing?

3. If you were John Marshall how would you have ruled in McCulloch v Maryland?

4. How would the U.S. political system be different without McCulloch v Maryland?

Creative Time

Do one of the following to share:

1. Create a facebook page for either James McCulloch or John Marshall.

2. Replace the words of a popular rap or song with facts, data, details, and information from McCulloch v Maryland. For example: Hey Jude = Hey Judge

Hey Judge, don't make it bad
Take a bad clause and make it better
Remember to let it into your heart
Then you can start to make it better

Hey Judge, don't be afraid
You were made to make government bigger
The minute you let national government win
Then you begin to make it better

And anytime your court constrains, hey Jude, refrain
Don't limit the gov upon your shoulders
For well you know that it's a fool who plays it cool
By making his gov a little bolder
Nah nah nah nah nah nah nah nah nah

Hey Judge, don't let the elastic clause down
You have founded a bank, now go and get her
Remember to let the Second National Bank into your heart
Then you can start to make it better

So let national supremacy in, hey Jude, begin
You're waiting for some states to perform with
And don't you know that it's just you, hey Judge, you'll rule
The power you need is in your majority opinion
Nah nah nah nah nah nah nah nah nah yeah

Hey Judge, don't make it bad
Take the words of the framers and make it better
Remember to let James McCulloch win win win
Then you'll begin to make our country
Better better better better better better, oh

Nah nah nah nah nah nah, nah nah nah, hey Judge
National Supremacy nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge
Nah nah nah nah nah nah, nah nah nah, hey Judge

-Not Lennon and McCartney

Assessment

Use all the sources above to fill in the Landmark Court Cases Rubric Below:

Civic Action

Throughout American history there has been a battle between those who fear anarchy and those who fear tyranny. These battles have been fought by Anti-Federalists, and Federalists, Decentralists and Centralists, Republicans and Democrats; and have been fought at the Constitutional Convention, in the Supreme Court, and at the ballot box. And today this fight continues regarding the government's power in the war on terror, state marijuana laws, and immigration enforcement. In terms of this long fought war, think about the trajectory that our country took because of the ruling in McCulloch v Maryland. Would we be better off with a federal government limited to the enumerated powers of the US Constitution; would we be better off with a more robust and powerful federal government; or do we have this balance just right? Contact your member of the U.S. House of Representatives and share your opinion of this fight regarding a current event.

Compelling Question Revisited

Does the federal government have too much power?

How elastic is the Necessary and Proper clause; who wins in a bar fight between the states and the national government; and how does this affect your amazing life?

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After the War of 1812, (when was that?) the U.S. government needed additional funds to pay off the debts of the war. At the time, there was no central US national bank, so instead of being able to borrow money from one institution, the government had to work with multiple state banks.

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This is a case study about using drama in a 7th grade world history class.

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Morris, R. V. (2001). Drama and authentic assessment in a social studies classroom. Social Studies, 92(1), 41-44.

Abstract:

This article describes a two-year-long case study of a seventh grade ancient world history social studies class in which the teacher used drama, along with other methods, as a central way to teach course content. The teacher then used authentic assessment to assess students' knowledge, skills and abilities by examining their work products and other evidence produced throughout the course of the class. The use of drama allowed students to learn from and evaluate their own work and the work of their peers through active participation in historical content that they connected to contemporary times. This case study concludes that drama and authentic assessment are a natural combination for teaching and assessment at the middle school level.

Key Findings:

Authentic Assessment Authentic assessment, a method of assessment in which students perform or create demonstrations of what has been learned, was supported in this class by clear expectations. Guidelines for assessment were laid out at the beginning of each unit. These objectives ranged from factual recall to evaluative statements which guided what happened in the classroom. Checklists of specific requirements were also given. Once the expectations for a unit were in place, students were encouraged to show understanding in various ways. Means of assessment included skits, graphs, cartoons, and rubrics, all of which were used to gauge understanding and competency.

Salient Comments Students were asked by the teacher to turn their metacognitive comments about a dramatic performance or other part of the unit into a "salient comment" (an utterance that involves evaluation, synthesizing, or analyzing). The class discussed these comments, and many were selected to be displayed in the board. These comments allowed for peer modeling, self assessment, and peer review.

Problem solving Throughout this process, students were charged with the task of identifying and solving problems from history including cultural, gender and underrepresented roles. After the drama activities, reasoning and idea structure were considered.

Overall drama was found to be effective in this social studies classroom that employed authentic assessment. In this context, drama was tailored to meet specific social studies objectives, to encourage active participation, and to bring in peers when they see others' excitement while authentic assessment became an effective way to measure students' learning.

Significance of the Findings:

The observations made in this case study show that drama can be integrated into academic classrooms as an effective approach for engaging students in active participation in their learning while helping them make connections between historical and contemporary world issues. Authentic assessment is a valuable way to gauge students' learning helping educators to consider multiple sources of students' understanding of content.

Methodology:

This research employs observation and case study methodologies to look at the use of drama as a primary component of instruction and authentic assessment. Observations were conducted in a seventh grade social studies classroom where the curriculum was centered on ancient world history. The study lasted two years and involved observation of multiple units lasting three or more weeks.

Limitations of the Research:

This study is limited by the fact that it is a case study of a single class. The researcher is not clear about how many seventh grade students participated in the class. Thus, while it gives insight about how one teacher infused drama into his social studies class, broader applicability of the findings are unknown.

Questions to Guide New Research:

How can authentic assessment and drama as an approach for teaching and learning be used in at other grade levels and/or in other subject areas?

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Drama and authentic assessment in a social studies classroom

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Morris, R. V. (2001). Drama and authentic assessment in a social studies classroom. Social Studies, 92(1), 41-44. This article describes a two-year-long case study of a seventh grade ancient world history social studies class in which the teacher used drama, along with other methods, as a central way to teach course content.

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Here is some examples of Authentic Assessment in the Social Studies settings.

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Examples: Tasks: Social Sciences (Authentic Assessment Toolbox)

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Analysis, Application, Evaluation, and Creation of Sources: The American Civil War - developed by Kyle Neville