CT-N Civics Toolbox Logo The Road to Impeachment - picture of words
 

INTRODUCTION FOR TEACHERS:

The four lessons that make up this mini-unit would be valuable for use in any high-school Civics, Law, Government, Current Issues or Connecticut History course. They are designed to be used either together or individually.

TITLE: I. Introductory Lesson: Connecticut Government - Where Function meets Crisis
TITLE: II. The Impeachment Process and Challenges in Connecticut
TITLE: III. Impeachment on Trial
TITLE: IV. Lessons Learned

Related Documents

TITLE: I. Introductory Lesson: Connecticut Government - Where Function meets Crisis
(word doc)

OVERVIEW:

Although the events leading to the resignation of Connecticut's Governor created a period of crisis in the state, they offer several worthwhile lessons related to the structure and function of Connecticut's government. This introductory lesson includes two activities to offer students an overview of the structure of government in Connecticut before asking them to examine several challenges created by the impeachment process in the unit's other lessons.

In 2004, the state of Connecticut faced a governmental crisis which resulted in several confrontations between the Judicial, Legislative and Executive branches. The confrontations are full of complex legal language and maneuvering, but underlying the complications were several basic questions about the relationships between and roles of the three branches. Before students can dig into some of the complications, they need to understand those basic roles and relationships.

(Note: Procedure 6 could be included in either lesson I or II. It provides an important introduction to materials related to the resignation of Connecticut's Governor.)

OBJECTIVES:

The students will compare the structure of Connecticut's government to the structure of the Federal government.
The students will analyze the process of creating and implementing laws in Connecticut.
The students will identify key events leading up to the resignation of the Governor.

MATERIALS:

1. The United States Constitution | word doc
2. The Constitution of the State of Connecticut | word doc
3. Activity Sheet: "Connecticut's Three Branches - One Government" html | word
4. "Connecticut's Three Branches: Three Jobs - One Government - Recent Legislation" html | word
5. Timeline html | word
6. Role Sheet html | word
7. Lesson I Vocabulary Sheet html | word
8. Introductory Questionnaire html | word
9. News Articles (iconn.org)

iCONN Note: Teachers can get access through any CT school or public library or from home with a public library card. The newspaper database can be found by clicking on "access from home". Enter your library card number if it is requested. Choose iCONN newsstand and type search terms into the page that opens. Useful search terms include some combination of: Governor , John Rowland, impeachment, Connecticut, Supreme Court, Select Committee of Inquiry. Articles can be easily marked for printing and emailing. For many documents, both a summary and the full text are available.

DURATION: 1-2 Class Periods

PROCEDURE:

1. Introduction: To find out what students already know about State Government and the differences between the state and federal government, give them one minute to record as many facts as they can about state government. After sharing some of the facts, ask students what they know about the differences and similarities between state and local government.

2. Once some of the similarities and differences have been discussed, provide pairs of students with copies of the Constitution of the State of Connecticut and the United States Constitution. Give them between five and ten minutes to create a list of similarities and differences between the two forms of government. They should organize the differences and similarities by branch.

3. After they have had several minutes to record the similarities and differences, ask each group to share the differences they've discovered. Either keep a list on the board or ask students to record items that do not appear on their own list. Once several have been shared, ask each group to decide which of the differences is most important and write a brief explanation of why.

4. One of the major differences between the state and national government that is not readily visible in the Constitution is in the kind of laws they make and enforce. To help students examine the process by which state laws are created and implemented, provide them each with the Activity Sheet: Connecticut's Three Branches - One Government. Briefly discuss the list and which ones have already become law (for example smoking in public places). Also, discuss which ones will likely never become state law and why.

5. Once students have had a chance to read through the list, ask them to choose three proposals they think are the best candidates for becoming law. This can be done in pairs or individually. Before completing the assignment, they should rewrite each proposal to read more like a proposed bill. (As an extension, the class could examine what makes a good law using "Test of a Good Law" from "350 Years of Connecticut Government: A Search for the Common Good" p. 39) Once they have rewritten the proposal, ask them to use a copy of the Constitution of the State of Connecticut and their knowledge about the three branches of government to explain as specifically as possible how each branch might be involved in the initiation, adaptation and implementation of each of the three proposals. A review of one or two of the process for one or two of the proposals should help the class to review the functions of the three branches of government. Use "Connecticut's Three Branches: Three Jobs - One Government - Recent Legislation" to help facilitate this discussion.

6. (Optional) Once students are familiar with some of the normal operation of government, they should be ready to begin an examination of the impeachment crisis. Begin with a brief discussion to find out what students already know about the Select Committee of Inquiry and resignation of Governor Rowland. This might be a good opportunity to review some of the vocabulary they will be dealing with. Once students have shared some of what they know, explain that they will be examining the issue as a way to dig deeper into the workings of state government and important principles like due process, the separation of powers and the system of checks and balances that exist between the three branches. As an introduction to issues surrounding former Governor Rowland, provide each student with copies of the Timeline, Role Sheet, Vocabulary Sheet and the Introductory Questionnaire. In order to complete the questionnaire, they will also need to use the State Constitution. (As an extension, one or more of the news articles providing an overview of the story could be added.) Student answers to several of the questions will require some discussion.

ASSESSMENT:

-CT-US Comparison lists
-Rewritten proposals and governmental involvement explanations
-Introductory questionnaire

top

TITLE: II. The Impeachment Process and Challenges in Connecticut (word doc)

OVERVIEW:

The revelations of December, 2003 and January, 2004 concerning Governor Rowland led to a series of challenges for Connecticut's government and the Legislature in particular. They needed to understand and follow the requirements of the State Constitution in relation to impeachment, put aside partisan politics, and conduct their investigation in the midst of a federal probe into many of the same events.

The lesson allows students to go through some of the difficult decisions Legislators faced by asking them to create a road-map for impeachment and establish procedures for the Select Committee of Inquiry. A follow-up to the lesson forces students to confront one of the consequences of their decisions.

(Note: Teachers planning to use lesson II without lesson I should include the timeline activity outlined in procedure 1a.)

OBJECTIVES:

The students will compare their decisions about the impeachment process to those made by the State Legislature.
The students will analyze reasons for differences between the state and federal impeachment process.
The students will weigh the costs and benefits of executive sessions.

MATERIALS:

1. The Constitution of the State of Connecticut | word doc
2. Timeline html | word
3. Role Sheet html | word
4. Lesson I Vocabulary Sheet html | word
5. Lesson 2 Vocabulary sheet html | word
6. Introductory Questionnaire html | word
7. Overhead transparencies or poster-board and markers
8. Impeachment and related articles from Constitutions (US and CT) html | word
9. Steps in the Case of Possible Impeachment of a Governor in Connecticut | word doc
10. Impeachment Inquiry Procedures of the Select Committee of Inquiry | word doc
11. Video: Select Committee of Inquiry Evidentiary Hearing Day 1 (watch now | order tape)
12. Video: Freedom of Information Commission Hearing (watch now | order tape)
13. Freedom of Information Commission Decisions:


DURATION: 2 Class Periods

PROCEDURE:

1a. (To be completed if not using lesson I) Begin with a brief discussion to find out what students already know about the Select Committee of Inquiry and resignation of Governor Rowland. This might be a good opportunity to review some of the vocabulary they will be dealing with. Once students have shared some of what they know, explain that they will be examining the issue as a way to dig deeper into the workings of state government and important principles like due process, the separation of powers and the system of checks and balances that exist between the three branches. As an introduction to issues surrounding former Governor Rowland, provide each student with copies of the Timeline, Role Sheet, Vocabulary Sheet and the Introductory Questionnaire. In order to complete the questionnaire, they will also need to use the State Constitution. (As an extension, one or more of the news articles providing an overview of the story could be added.) Student answers to several of the questions will require some discussion.

1. Introduction: Check and discuss some of the student responses to the Introductory Questionnaire, particularly questions 3,4,5,7, and 8 which are all related closely to the rest of the lesson. Also, review some of the definitions related to impeachment. Even the word impeachment probably deserves some clarification.

2. Divide the class up into small groups and let them know that they will need to assume the role of a member of the State House of Representatives for the class period.

3. Either read or copy the following for students:

The date is January 10, 2004. House Speaker, Moira Lyons is about to announce plans to form a committee to investigate whether or not Governor Rowland should be impeached. She wants to make sure that the government and the public fully understand the process that they will need to go through. As members of the House, you have been asked to prepare a road-map for impeachment. Use the Connecticut State Constitution to construct a visual representation of how the impeachment process would be conducted. Make sure you include details from each of the Articles related to Impeachment. These include:
- Amendment: Article XI
- Article fourth, section 18 (Amendment: Article XXII)
- Article ninth, sections 1, 2, 3, and 4

To save time, teachers could give students a copy of, "Impeachment and related articles from Constitutions (US and CT)."


4. Give students fifteen minutes to create their roadmaps. It might make them easier to share if they are done on overhead transparencies but a large piece of paper or poster board would work just as well. Once they have completed the maps and shared them quickly with the class, ask students to compare their maps to "Steps in the Case of Possible Impeachment of a Governor in Connecticut" and make necessary revisions.

5. As an option, it might be appropriate to use this opportunity for a brief discussion: There is one major difference between the impeachment process in Connecticut at the Federal level. Under the United States Constitution a President who is impeached (put on trial by the Senate) remains in office during the trial. Under the Constitution of the State of Connecticut, a Governor who is impeached is replaced by the Lieutenant governor until acquitted. What might explain the difference between the two? Should changes be made to this process?

6. Once the process has been laid out, the House of Representatives needs to decide on the next step. On January 26, 2004, they voted unanimously to establish a "Select Committee of Inquiry to Recommend Whether Sufficient Grounds Exist for the House of Representatives to Impeach Governor John G. Rowland." The ground rules and procedures for the Committee still needed to be decided though. Read or copy the following for students:

The date is January 26, 2004. The State House of Representatives has just voted unanimously to create a select committee of inquiry. You have been asked to meet with several other Representatives (your group) to develop a set of guidelines for the process.

Things to consider in developing a process for the select committee to go through:
(Each area should be addressed and you should be ready to defend your group's decision.)

- Number of representatives
- Should attorneys be hired to help conduct the investigations?
- What role is the Governor's attorney allowed to play?
- Executive session guidelines
- How will evidence be collected?
- What procedure will be used for calling witnesses?
- Rules for dealing with witnesses (calling, examining, governor's role)
- Rules for dealing with documents (obtaining, distributing)
- How many of the members need to be present to have a quorum?
- What portions of the Committee meetings and investigations should be done in public? in private?

7. After they've developed their guidelines, have them compare theirs to "Impeachment Inquiry Procedures." Also, this might be a good opportunity to use a clip from "Select Committee of Inquiry Evidentiary Hearing Day 1" in which Attorney Steven Reich briefly outlines the investigation and process. Students should keep written track of where they disagree with decisions as they were actually made.

8. One decision that met with some controversy was the decision to hold an early meeting in executive session. Either in writing or orally, ask students to respond to the following issues:

Should the Select Committee of Inquiry be allowed to go into executive session for any reason? If so, under what circumstances? Extension: Should any governmental body, state or federal be allowed to go into executive session? If so, under what circumstances? Research: Under what circumstances are legislative bodies allowed into executive session?

9. Several reporters (in for separate docket numbers) challenged the right of the Select Committee to conduct business in executive session before the Freedom of Information Commission. Before viewing the clip "Freedom of Information Commission Hearing", have students record and briefly discuss references to executive session contained in the document, "Impeachment Inquiry Procedures of the Select Committee of Inquiry." After viewing the clip, ask students to compare their responses to the executive session questions above to the arguments made by the reporters. Use a quick discussion to predict whether or not the ethics committee will dismiss or uphold their complaint. Ask students to read one of the decisions and explain in writing whether they agree or disagree with it.

ASSESSMENT:

-Group Road-Maps for impeachment
-Select Committee Process
-Responses to executive session questions
-Response to the Freedom of Information Decision

top

TITLE: III. Impeachment on Trial (word doc)

OVERVIEW:

Early in the hearings of the Select Committee of Inquiry, Governor Rowland was subpoenaed to testify. Attorneys for the Office of the Governor immediately filed suit to quash the subpoena contending that a sitting Governor should be categorically immune from a Legislative subpoena. They argued the subpoena was a violation of the principle of separation of powers. Attorneys for the Select Committee of Inquiry argued that there was Federal and state precedent for compelling the Governor's testimony, but that the outcome of the Governor's challenge was unimportant because they believed the Governor would not testify no matter what the ruling of the court and they were not planning to force his testimony.

In this lesson, students are asked to use several cases and documents to defend either the Governor or the Select Committee of Inquiry. Following their arguments and a brief clip from the CT Supreme Court Hearing, students are given an overview of the decision and asked to write a brief statement of their own agreement or dissent.

OBJECTIVES:

The students will defend either the Office of the Governor or the Select Committee of Inquiry.
The students will interpret several precedents related to subpoenas and impeachment.

MATERIALS:

1. Lesson 3 Vocabulary Sheet html | word
2. Precedents html | word
3. Attorneys Rubric html | word
4. Judges Rubric html | word
5. Office of the Governor v. Select Committee of Inquiry Syllabus (page one of the final decision SC 17211) html | word
6. Office of the Governor v. Select Committee of Inquiry per curiam decision (SC 17211) pdf
7. Video: Office of the Governor v. Select Committee of Inquiry oral arguments (watch now | order tape)

DURATION: 2 Class Periods

PROCEDURE:

1. Introduction: The decision in the case of Office of the Governor v. Select Committee of Inquiry is potentially the most important result of the crisis. It posed an important question that has only been asked a few times in history, but gets to the heart of one of the basic conflicts in American government, the separation of powers required by the Constitution versus the system of checks and balances set up by that same document. In this case, the central question is:

Is the Chief Executive categorically immune from Legislative subpoena for testimony?

Using information from the State Constitution and several case summaries that may be used as precedents, students will argue and decide the case.

2. Divide the class into three teams. Each team should be given a copy of the Precedents document and the Connecticut Constitution as well as copies of the Attorneys or Judges Grading Rubric. Assign or allow students to choose groups to represent the Judges, Office of the Governor and the Select Committee of Inquiry. Student should be told that all notes and preparatory materials will be collected and become part of their grade. To help assess individual student contributions, it might be worthwhile to have students initial their contributions in the margins. The grading rubrics should help in assessment of group preparations and presentations. Also, put a time limit on presentations and questions. Time needed will vary depending on the class and preparation time.

Group Assignments:

Judges: Use the case materials and Constitution to prepare a series of questions for each side. If finished early, have them watch some of the oral arguments in the case to give them an idea of how the questioning might work.

Attorneys for the Office of the Governor: Use the case materials, the Constitution and any other background materials to prepare arguments that will convince the court not to force the Governor to testify before the Select Committee of Inquiry.

Attorneys for the Select Committee of Inquiry: Use the case materials, the Constitution and any other background materials to prepare arguments that will convince the court that the Governor should be required to testify before the Select Committee of Inquiry.

Remind students that this is a case that will be decided on the day it is argued as the Select Committee is planning to complete its investigation and begin drafting articles of impeachment within the next week.

3. Arguments: Though presentations of each side's oral arguments actually involved quite a bit of interruption by the Judges with questions, in the classroom each side should be allowed to make its entire presentation uninterrupted before trying to answer any questions from the Judges.

4. There are advantages to showing excerpts from the oral arguments either before or after the class trial. On the one hand, some of the legalese of the conversation might intimidate students if it shown beforehand (teachers should be prepared to stop the tape and explain the exchanges and vocabulary), but it would be useful for the judges to hear some of the judge's questions and students to hear the attorney struggle with an answer. The decision will depend largely upon the makeup of each particular class.

5. For homework, students who played attorneys should be asked to read the per curiam decision and write a brief statement explaining why they agree or disagree with the decision. (Paragraph) Judges should be asked, instead, to prepare their decision for homework. Time permitting, Judges should be given a few minutes to discuss their decision with each other and render a brief decision to the class before the end of class (In the actual case, the court's per curiam decision was rendered on the same day as the oral arguments.)

ASSESSMENT:

-Oral argument notes or questions
-Dissent/agreement paragraph or decision

top

TITLE: IV. Lessons Learned (word doc)

OVERVIEW:

Although there were several confrontations between the three branches of government during the impeachment process, each was quickly dealt with by the state's system of laws. Still, there are concerns amongst Legislators and the Governor that reforms are still needed and that the system can be made even better. In this final lesson, students are asked to write and essay either proposing a specific area of improvement related to the impeachment process in Connecticut or providing advice to a state considering impeachment of their own Chief Executive.

(Note: Student letters for lesson IV would work well as a CAPT-Interdisciplinary assessment.)

OBJECTIVES:

The students will propose a change or improvement related to the impeachment process.
The students will critique Connecticut's impeachment process.

MATERIALS:

Materials and documents from the previous three lessons should be made available to help students in preparing to write their essays. These include:

1. The United States Constitution | word doc
2. The Constitution of the State of Connecticut | word doc
3. Activity Sheet: "Connecticut's Three Branches - One Government" html | word
4. Timeline html | word
5. Role Sheet html | word
6. Lesson 4 Vocabulary Sheet html | word
7. Introductory Questionnaire html | word
8. Impeachment and related articles from Constitutions (US and CT) html | word
9. Steps in the Case of Possible Impeachment of a Governor in Connecticut | word doc
10. Impeachment Inquiry Procedures of the Select Committee of Inquiry | word doc
11. Freedom of Information Commission Decisions:

12. Precedents html | word
13. Office of the Governor v. Select Committee of Inquiry Syllabus (page one of the final decision SC 17211) html | word
14. In addition, students will find it useful to have access to news articles and other documents related to the issue. News Articles (iconn.org)

iCONN Note: Teachers can get access through any CT school or public library or from home with a public library card. The newspaper database can be found by clicking on "access from home". Enter your library card number if it is requested. Choose iCONN newsstand and type search terms into the page that opens. Useful search terms include some combination of: Governor , John Rowland, impeachment, Connecticut, Supreme Court, Select Committee of Inquiry. Articles can be easily marked for printing and emailing. For many documents, both a summary and the full text are available.

DURATION: 1 Class Period

PROCEDURE:

1. Introduction: Ask the judges from the trial to meet briefly to discuss their decision and vote. Then ask them to deliver their opinion to the class.

2. Explain to the class that the decision was followed closely by the resignation of the Governor and therefore an end to the impeachment proceedings. Neither the state nor the governor is done dealing with the case however.

Below are two options for wrapping up the mini-unit on Connecticut government. Students should be asked to respond to one of them either in class or for homework. Both options will be easier to respond to if students have access to all of the materials used in the unit. Before turning the task over to students, it would be useful to outline several areas for improvement and advice as a whole class.

Copy the following for students:

As a citizen of the State of Connecticut and new or soon-to-be voter, your opinions are valued by your representatives. For example, a class of students recently tried to initiate a piece of legislation challenging car rental prohibitions for people under the age of twenty-one. They were able to get a sponsor for the bill and were eventually granted a hearing in committee at which at least one student testified. Also, several of the fourth grade recommendations made by those students back in the introductory activity to this unit have ended up in the Connecticut statutes in one form or another.

As a result of the recent crisis involving Governor Rowland, some revisions have already been made to the state ethics code and Governor Jodi Rell called for more improvements in her 2005 State-of-the-State Address. After examining various documents related to the impeachment, what recommendations would you make for changes to the laws, process or State Constitution. In a letter to one of your representatives, outline at least one specific change you would make in relation to the recent impeachment crisis and explain why it would make things better for the state of Connecticut in the future. Be sure to use specific examples from the documents and recent events to support your recommendation(s).

The following are some areas of change and improvement you might propose:
ethics code - Does the code need revision?
impeachment process - Should CT use something closer to the federal process?
subpoena - Should the Governor be given categorical immunity from subpoena by the Legislature while in office?

or

If another state legislature with a Constitution very similar to that of Connecticut was considering pursuing the impeachment of their Governor, what advice would you offer. In an essay, outline at least three categories of advice. Be sure to use examples from the recent experience of Connecticut.

ASSESSMENT:

Essay or Letter

top