Creating a constitution for a fictional nation: a performance assessment

Performance Assessment Description Performance Assessment With Rubric

Performance assessment description

Performance assessments are nontraditional assignments that draw upon student skills in a more holistic fashion that typical, multiple choice tests or standardized 'fill in the blank' assessments. "Performance assessments are designed to judge student abilities to USE specific knowledge and research skills. Most performance assessments require the student to manipulate equipment to solve a problem or make an analysis. Rich performance assessments reveal a variety of problem-solving approaches, thus providing insight into a student's level of conceptual and procedural knowledge" (Slater 2010).

Task: Debating the American Constitution

There are many controversial issues in the news today regarding what rights we as Americans possess. Freedom of speech, the right to bear arms and the right to due process are all guaranteed by the United States Constitution. However, people often have different interpretations of what these rights mean. Also, the Constitution has been amended since it first became law for all of the original American colonies. Amending the Constitution has changed the nature of the document. For example, while the original Constitution declared all slaves 3/5ths of a person in terms of counting the population of districts, the 14th Amendment effectively negated such an idea and gave due process rights to all Americans, regardless of race.

Society has changed since the birth of the Constitution, which has changed the interpretation of the document, even by the Supreme Court. In Plessy v. Ferguson, the U.S. Supreme Court deemed that the notion of 'separate but equal' was valid under the 14th Amendment. Brown v. Board of Education overturned the Plessy precedent, because of the notable psychological damage separate schooling had caused to African-American children in segregated states. In the 1970s, the right to privacy was found in the 'penumbra' of the Constitution, meaning that it was implied, but not specifically stated: this right was used to justify granting abortion rights to all women (Roe v. Wade), regardless of what state of the union they lived within, as well as granting individuals the right to disseminate birth control to married couples (Griswold v. Connecticut). Other justices still consider the idea of an implied right to be an act of judicial activism.

Now, here is your task. Guess what? You've all been magically transported to Freedonia, a nation that has just declared its independence. All of you are responsible for writing Freedonia's new constitution. it's up to you what type of government and what type of rights the citizens will have and if the document can be amended by later generations.

Step 1: Describe Freedonia

I've told you that the name of your country is Freedonia, and the setting is the present day, not the 18th century. But other than that, I've left it open-ended. So the first thing you'll need to do is describe Freedonia. Is it diverse? Small or large? Easily invaded? Are there great disparities between social classes or are people mainly equal in terms of their economic status?

Step 3: Come to an agreement about what rights to include

On Wednesday, we'll have our own Constitutional Congress. I will observe the unstructured debate, which will revolve around how Freedonia will govern itself and what rights will be included in the new constitution and government. Some things you may want to think about: what rights don't Americans have? What about the right to health care? What about equal rights for women (the Equal Rights Amendment was not ratified in the U.S.)? Do we want Freedonia to have a pure democracy? A republic? A dual-party system or proportional representation of different third parties in the legislature?

Step 4: Draft the document

Then, you will split into two groups and write a brief draft of the new constitution. Half of you will write the governing procedures, the other half a Bill of Rights for citizens. These documents will be presented on the final day of the activity. You will be graded on your in-class performance during the debate and presentation.

Grading Rubric

1. Quality of research: Uses a wide variety of reliable and diverse sources a-F

2. Presentation of argumentation: Arguments are thoughtful and show analysis, not merely regurgitation of sources. a-F

3. Understanding of issues. a-F

4. Discussion: Ability to express one's self, listen to others and change and defend one's position. a-F

5. Presentation of material. a-F

Validity and reliability

Students will have the ability to conduct research and discuss their opinions and findings formally and informally. Students who have difficulty speaking in class will still be able to shine because of the quality of their research, and how they present prepared material during the final day of the activity. Students who are more comfortable speaking extemporaneously will have a chance to do so during the discussion and debate portion. The assignment requires students to do research, to think critically and creatively, to write and speak in an organized fashion, and also to challenge some of the dearly-held assumptions of their society. It is a writing, creative thinking, and civics lesson rolled up into one.