FRANKLIN COLLEGE

Education Department
Field School Lesson Plan
Name__________________________________________________________Lesson
Number______________________
Subject Area____________________________________________________ Grade
Level_________________________
Date__________________________________ Start time________________ End
time___________________________
Cooperating Teachers
Signature_______________________________________________________________________
Topic/Concept/Skill:
Watergate and the Constitution
Related Standard:
USH.7.11 Explain the constitutional, political, and cultural significance of the Watergate Scandal
and the United States
Supreme Court decision of United States v. Nixon. (Government)
Background:
The students will have already read and briefly discussed the section on Watergate in Chapter 38
of The American Pageant. From this reading and discussion, students should have an
understanding of the scandal itself and the aftermath of its discovery. Using this knowledge, we
will discuss how the scandal, and Nixons resignation relates to the US Constitution.
Main Objective of Instruction:
In order to understand the relationship between the Watergate scandal and the Constitution,
TSWBAT analyze and discuss primary source documents in small groups, as well as use the
Constitution to defend their arguments.
Teacher Materials/Resources:

54 copies of the Four Corners Vocabulary activity

54 copies of the Watergate Memorandum
1 Braille copy of the Watergate Memorandum
Projector and screen/ Whiteboard and marker

Student Materials:

American Pageant textbook

Paper
Pencil
Copy of the Watergate Memorandum
Chromebook/ Dictionary

Anticipatory Set (Introductory Approach):

Begin the class by telling the students to consider what they have previously learned about
Watergate. Ask them to imagine that they were a US citizen in 1974. Considering everything that
had been uncovered during the Watergate scandal, ask them if they would have been in favor of
impeaching Nixon? What about putting him on trial to potentially face jail time?
Instructional Procedures (Whole Group):
1. Begin with a brief review of Watergate. Students should be the providing the
information during this time, but they may also want to use it as a time to ask
questions about anything they do not fully understand (Verbal/Linguistic).
a. Five men working for the Republican Committee to Re-Elect the President
(CREEP) were arrested for bugging the Democratic partys headquarters.
b. This revealed a series of other illegal dealings from Nixons administration.
Amidst all of this, Nixons vice-president, Spiro Agnew is forced to resign for
accepting bribes. Gerald Ford is appointed in his place
c. After the smoking gun tape is released, Nixon is forced to resign, or else
face impeachment.
2. Because some of the words in the document are words that many of the students,
especially ELL learners, may not be familiar with, they should all spend a few
minutes filling out the Four Corners Vocabulary charts. They may use their
Chromebooks or dictionaries to look up definitions, but this should be completed
individually (Intrapersonal).
3. Pass out the memorandum document and have the students break up into groups of
4 or 5. Remind the students that they are to read the document individually, but will
discuss it as a group once everyone has read it. Each group will be assigned a
viewpoint that they must defend once the class comes back together as a whole,
half of the groups will argue for Nixons indictment and half of the groups will argue
against it. Give the students 10-15 minutes to read the document. Provide the
students with extra time if needed, encourage them to take their time and
not to rush. Remind them that as they read and discuss the document with their
groups, they are expected to take their own notes, which will be used to help with
the class discussion and will also be turned in for a grade.
4. As the students are reading, project or write on the board the following
focus questions(Visual) :
a. What are the main points of each argument?
b. How does each argument relate to the Constitution?
5. Once the document has been read, the students will come together in their small
groups to discuss it. They should discuss both parts of the document, but focus on
whichever viewpoint they were assigned. Each group should also find a way to use
the Constitution to defend their argument (Interpersonal).
6. Once each group has finished their discussion, we will come back together as a
group to discuss. This will take up the remainder of class (see Closure).
Provisions for Individual and/or Group Differences:
ENL Learners: Students should be able to summarize the arguments made in the document for
and against Nixons indictment to show that they understood the reading. As the other students
are beginning to read the documents, ENL students will participate in a quick reverse reading of
the document.
1. Apply to real life.
a. Have you ever had an experience where someone has done something wrong, but
you did not how to handle it because of who it was, or because it was something
you had never had to handle before?
2. Discuss.
a. How does looking at each side of a situation help you make a decision?

3. Read the questions.

a. What are the main points of each argument?
b. How does each argument relate to the Constitution?
4. Read the text.
IEP: This student is blind, but otherwise, is a high-achieving learner. She is able to read Braille
and use her Chromebook for activities that involve writing. She will receive a Braille copy of the
document to read. She will also be emailed a modified copy of the vocabulary activity, which she
will be able to complete on her Chromebook. She will also have access to the homework on her
Chromebook, which she will be able to turn in online with the rest of the class.
Closure:
Students will participate in a mini-debate concerning Nixons indictment. They should clearly
state their stance and provide clear supporting points. While it is expected that these points are
going to be based on the document, they should also expand upon these points to show that
they have an understanding of the material. Each side of the argument is expected to have
connected their argument to the Constitution in a logical manner.
Evaluation of Learning:
As the class discussion is occurring, I will be taking notes on who is participating in the
discussion, which will contribute to their grade. The notes that the students took throughout
class will also be collected at the end of class and will be taken for a grade.
Independent Practice:

Students will be instructed to complete a homework assignment that has been posted
online. This assignment will ask the students to look at 6 sections of the Constitution and
eplain how they relate to Watergate and the possiblility of Nixons indictment. The
students will then summarize the argument that ultimately won out. They will be
expected to complete this and turn it in online. A copy of the assignment and the key is
attatched.

Four Corners Vocabulary

Picture

Sentence

Definition

Word

Prosecution

Picture

Sentence

Definition

Word

Impeachment

Picture

Sentence

Definition

Word

Memorandum

Picture

Sentence

Definition

Word

Indictment

Picture

Sentence

Definition

Word

Resignation

WATERGATE SPECIAL PROSECUTION FORCE

DEPARTMENT OF JUSTICE
MEMORANDUM
TO: Leon Jaworski, Special Prosecutor
DATE: August 9, 1974
FROM: Carl B Feldbaum & Peter M. Kreindler
SUBJECT: Factors to be Considered in Deciding Whether to Prosecute Richard M. Nixon for Obstruction of Justice
In our view there is clear evidence that Richard M. Nixon participated in a conspiracy to obstruct justice by
concealing the identity of those responsible for the Watergate break-in and other criminal offenses. There is a
presumption (which in the past we have operated upon) that Richard M. Nixon, like every citizen, is subject to the
rule of law. Accordingly, one begins with the premise that if there is sufficient evidence, Mr. Nixon should be
indicted and prosecuted. The question then becomes whether the presumption for proceeding is outweighed by the
factors mandating against indictment and prosecution.
The factors which mandate against indictment and prosecution are:
1.

His resignation has been sufficient punishment.

2.

He has been subject to an impeachment inquiry with resulting articles of impeachment which the House
Judiciary Committee unanimously endorsed as to Article I (the Watergate cover-up).

3.

Prosecution might aggravate political divisions in the country.

4.

As a political matter, the times call for conciliation rather than recrimination.

5.

There would be considerable difficulty in achieving a fair trial because of massive pre-trial publicity.

The factors which mandate in favor of indictment and prosecution are:

1.

The principle of equal justice under law requires that every person, no matter what his past position or
office, answer to the criminal justice system for his past offenses. This is a particularly weighty factor if Mr.
Nixons aides and associates, who acted upon his orders and what they conceived to be his interests, are to be
prosecuted for she same offenses.

2.

The country will be further divided by Mr. Nixon unless there is a final disposition of charges of criminality
outstanding against him so as to forestall the belief that he was driven from his office by erosion of his political
base. This final disposition may be necessary to preserve the integrity of the criminal justice system and the
legislative process, which together marshalled the substantial evidence of Mr. Nixons guilt.

3.

Article I, Section 3, clause 7 of the Constitution provides that a person removed from office by impeachment
and conviction shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment,

according to Law. The Framers contemplated that a person removed from office because of abuse of his public
trust still would have to answer to the criminal justice system for criminal offenses.
4.

It cannot be sufficient retribution for criminal offenses merely to surrender the public office and trust which
has been demonstrably abused. A person should not be permitted to trade in the abused office in return for
immunity.

5.

The modern nature of the Presidency necessitates massive public exposure of the Presidents actions through
the media. A bar to prosecution on the grounds of such publicity effectively would immunize all future
Presidents for their actions, however criminal. Moreover, the courts may be the appropriate forum to resolve
questions of pre-trial publicity in the context of an adversary proceeding.

Watergate Memorandum
Research the following sections of the Constitution and explain how they relate to Watergate.
1.
2.
3.
4.

Article I, section 2, clause 5

Article I, section 3, clause 6
Article I, section 3, clause 7
Article II, section 1, clause 8
Using the document discussed in class and the parts of the Constitution that you just researched,
explain which argument won? Was Nixon prosecuted for Watergate? If not, should he have been
prosecuted? Why or why not?

Watergate Memorandum
Research the following sections of the Constitution and explain how they relate to Watergate.
1. Article I, section 2, clause 5
The House of Representatives has the sole power of impeachment.
2. Article I, section 3, clause 6
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose,
they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief
Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of
the Members present.
3. Article I, section 3, clause 7
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and
disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States:
but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment
and Punishment, according to Law.
4. Article II, section 1, clause 8
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the
United States, and will to the best of my Ability, preserve, protect and defend the Constitution of
the United States."
Using the document discussed in class and the parts of the Constitution that you just researched,
explain which argument won? Was Nixon prosecuted for Watergate? If not, should he have been
prosecuted? Why or why not?
Nixon was not prosecuted for Watergate. According to Article I, section 3, clause 7, he should
have been prosecuted, because despite the fact that he was the president, he was still subject to the law,
just as any other citizen. It could be argued that because of his Oath of Office (Article II, section 1,
clause 8) he should have been held to a higher standard than the average citizen. Students may mention
that Nixon resigning before he could be impeached may have been a factor that contributed to his not
being prosecuted.