m-dcps division of social sciencessocialsciences.dadeschools.net/pdf/constitution day 2012...
TRANSCRIPT
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
Perla Tabares Hantman, Chair
Dr. Lawrence S. Feldman, Vice Chair
Dr. Dorothy Bendross-Mindingall
Carlos L. Curbelo
Renier Diaz de la Portilla
Dr. Wilbert “Tee” Holloway
Dr. Martin Karp
Dr. Marta Pérez
Ms. Raquel A. Regalado
Jude Bruno Student Advisor
Alberto M. Carvalho Superintendent of Schools
Table of Contents History of Constitution Day (Background Information)
LESSON 1
Famous Quotes Vocabulary How Was the Constitution Used to Organize the New
Government (lesson plan) What is meant by returning to fundamental principles?
LESSON 2
Quiz A Quiz A Answers Founding Fathers Questions Founding Fathers Answers Constitutional Scavenger Hunt
Internet Resources For Teaching About Constitution Day
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
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In May of 2005, Congress enacted a law stating that "Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.'' For purposes of this requirement, "educational institutions'' includes but is not limited to "local educational agencies'' and "institutions of higher education'' receiving Federal funding. Section 111 requires that Constitution Day be held on September 17 of each year, commemorating the September 17, 1787 signing of the Constitution. However, when September 17 falls on a Saturday, Sunday, or holiday, Constitution Day shall be held during the preceding or following week." (Federal Register) Schools throughout America will celebrate our nation's commitment to freedom at the annual Constitution and Citizenship Day Celebration on Monday, September 18, 2006. This celebration commemorates the day in 1787 that the Constitutional Convention adjourned from its long months of deliberation at the State House in Philadelphia (now Independence Hall), after having completed the arduous and historic task of writing the United States Constitution, the oldest and most revered constitution in the world. It will be a great day to renew our commitment to democracy by reciting the Preamble and participating in patriotic activities such as wearing red, white and blue, singing the national anthem, and learning about the history and ideals of the Constitution itself. These resources are designed to support schools in creating a meaningful learning experience for students. Constitution Day September 17th commemorates the date in 1787 that the Constitutional Convention adjourned from its long months of deliberation at the State House in Philadelphia (Independence Hall), after having completed the arduous and historic task of writing the United States Constitution. Source: http://score.rims.k12.ca.us/score_lessons/special_events/constitution_day/
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day –September 17th
LESSON 1
• FAMOUS QUOTES • VOCABULARY • HOW WAS THE CONSTITUTION USED TO ORGANIZE THE NEW GOVERNMENT
(LESSON PLAN) • WHAT IS MEANT BY RETURNING TO FUNDAMENTAL PRINCIPLES
About The Constitution
“I confess that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise.” — Benjamin Franklin, 1787
“My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask who authorized them (the framers of the Constitution) to speak the language of ‘We, the People,’ instead of ‘We, the States’?” — Patrick Henry, 1788 (Orations of American Orators)
“As the British Constitution is the most subtle organism which has proceeded from the womb and long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man.” — W. E. Gladstone
“The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please.” — Thomas Jefferson
“I am exceedingly distressed at the proceedings of the Convention—being ... almost sure, they will ... lay the foundation of a Civil War.” — Elbridge Gerry (Massachusetts Delegate), 1787
“I consider the difference between a system founded on the legislatures only, and one founded on the people, to be the true difference between a league or treaty and a constitution.” — James Madison, at the Constitutional Convention, 1787
“Let our government be like that of the solar system. Let the general government be like the sun and the states the planets, repelled yet attracted, and the whole moving regularly and harmoniously in several orbits.” — John Dickinson (Delaware Delegate), 1787
About Democracy
“Too many people expect wonders from democracy, when the most wonderful thing of all is just having it.” — Walter Winchell
“In free countries, every man is entitled to express his opinions and every other man is entitled not to listen.” — G. Norman Collie
“Democracy is the form of government that gives every man the right to be his own oppressor.” — James Russell Lowell
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
About Democracy
“You can never have a revolution in order to establish a democracy. You must have a democracy in order to have a revolution.” — Gilbert K. Chesterton
“Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people.” — Harry Emerson Fosdick
“Democracy is the government of the people, by the people, for the people.” — Abraham Lincoln
“Democracy is good. I say this because other systems are worse.” — Jawaharlal Nehru
“Democracy ... is a system of self-determination. It’s the right to make the wrong choice.” — John Patrick
“In a democracy, the individual enjoys not only the ultimate power but carries the ultimate responsibility.” — Norman Cousins
“Man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary.” — Reinhold Niebuhr
“A free government is a complicated piece of machinery, the nice and exact adjustment of whose springs, wheels, and weights, is not yet well comprehended by the artists of the age, and still less by the people.” — John Adams to Thomas Jefferson, May 19, 1821
“It is much easier to pull down a government, in such a conjuncture of affairs as we have seen, than to build up, at such a season as the present.” — John Adams letter to James Warren, 1787
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
admiralty and maritime law: comes from the general maritime law of nations and has been modified to also apply to the Great Lakes and all navigable rivers in the United States.
amendment: a formal change to the United States Constitution. As of 2008 there are twenty-seven amendments or “changes” to the Constitution.
bad tendency doctrine: allows legislatures to make illegal speech that could encourage people to engage in illegal action.
balanced budget: a philosophy with the objective of not spending more money than is taken in by the government.
bicameral legislature: refers to a two-house legislature.
bill of attainder: a legislative act that authorizes punishment for a person even though he or she was not found guilty by a court of law.
Bill of Rights: the first ten amendments to the Constitution that were adopted in 1791. These are the basic rights that all Americans have and its purpose is protect the people from the government.
bipartisanship: emphasizes cooperation between the major political parties.
cabinet: a group of governmental officials who head various departments in the Executive Branch and advise the president.
checks and balances: a system set by the Constitution in which the executive, legislative, and judicial branches of government have the power to check each other to maintain a “balance” of power.
clear and present danger: an interpretation of the First Amendment to the Constitution that gives the government the right to curtail activities that may in some way threaten the security of the United States.
cloture: the procedure for ending debate in the United States Senate
coattail effect: the influence on the outcome of an election that a popular or unpopular candidate has on the other candidates on the same party ticket.
concurrent powers: powers that are shared by the federal government and the state governments.
Constitutional home rule: constitutional authorization for parts of the local government to conduct their own affairs.
cooperative federalism: when the state governments, local governments, and the federal government share responsibility. This has been referred to as the “New Federalism.”
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
crossover voting: this is part of the open primary system in which the voters are not required to vote based upon their party affiliation.
deficit spending: a practice by the government of spending more money than it takes in during a specific time period.
delegated power: powers that are exclusively for the federal government and are “enumerated” in Article I, Section 8 of the Constitution.
democracy: the governmental philosophy in which the people ideally have a high degree of control over political leaders.
detente: a relaxation of tension between countries.
direct democracy: a political process in which the people are able to have direct control over the government in making decisions. In colonial America this was the New England town meeting and today could be a exemplified by the referendum.
discharge petition: a petition signed by a majority of the members of the House of Representatives to force a bill from committee and bring it to the floor for consideration.
domestic tranquility: peace at home.
Electoral College: the name for the “indirect” process by which the people elect the president. The “electors” are determined by the number of representatives each state (including Washington, D.C.) has in the House of Representatives and Senate. In a presidential election year the “electors” meet in their respective state capitals on the first Monday after the second Wednesday to “vote” for the President.
ex post fact law: a law that makes an act a crime after it was committed.
exclusionary rule: this is a judicial doctrine based on the Fourth Amendment to the Constitution which protects the American people from illegal searches and seizures. Any evidence obtained in this manner would be inadmissible in a court proceeding.
executive agreement: an agreement between the President of the United States and another country that does not require the advice and consent of the Senate.
executive branch: one of the three branches of our government with the purpose of enforcing laws.
express powers: powers specifically granted to the federal government as enumerated in Article I, Section 8 of the Constitution.
faction: an organized group of politically active persons who are trying to attain special goals. This group is usually less than a majority.
federal supremacy clause: this refers to Article VI, Section 2 of the United States Constitution that states that the Constitution and all federal laws and treaties shall be the “supreme law of the land.”
federalism: the division of power between the national government (delegated power) and the state governments (reserved power). filibuster: the technique used in the United States Senate to delay proceedings and prevent a vote on a controversial issue.
free enterprise: an economic system in which one makes decisions on what products to make, how much of that product to produce, and how to establish the price.
full faith and credit clause: a constitutional provision in Article IV of the Constitution that requires all states to honor the laws, judgments, and public documents of every other state.
gerrymandering: the construction of an election district so as to give a distinct advantage to one party or group over another. This process was named after Elbridge Gerry.
home style: the technique used by a member of Congress to properly present himself/herself to constituents.
House of Representatives: the “lower” house of Congress in which states are represented based on population. Presently there are 435 members in this body.
ideology: an interrelated set of attitudes and beliefs about political philosophy and the role of power in the government.
impeachment: a Constitutional “check” the Congress has on the President or other high federal officials. It involves an accusation against that official.
implied power: a power that is not really stated directly but is “implied” in Article I, Section 8, clause 18 of the Constitution. This is called the “necessary and proper” clause of the “elastic” clause.
impoundment: when the president refuses to all an agency of the government spend funds authorized and allocated by Congress.
inalienable rights: he natural rights of all men defined by John Locke as life, liberty, and property that can only be taken away by God. Government is created to protect these rights.
incumbency: one who holds public office that normally carry some type of electoral advantage.
indirect democracy: a political process in which the people control the government through elected political officials. This is also called a republic.
inherent powers: those powers the federal government exercises in foreign affairs which are not specifically stated in the Constitution. The are available because of the status the United States has as a national government.
initiative: the procedure that allows voters to “initiate” legislation by obtaining signatures on a petition
interstate compact: an agreement among or between states that is approved by Congress. line item veto: the authority of the executive (often the governor) to veto parts of bill without vetoing the entire piece of legislation.
joint committee: a committee made up of members of both houses of government in order to speed action on the legislation
Judicial Branch: one of the three branches of our government with the purpose of interpreting laws.
judicial review: a power the Supreme Court conferred upon itself in the 1803 case of Marbury v. Madison (1803) to review the constitutionality of acts passed by Congress or actions by the president.
jus sanguinis: citizenship acquired by citizenship of the parents.
jus soli: citizenship acquired by place of birth.
laissez faire: a French term meaning to let alone. This refers that the government should not get involved with the peoples’ lives.
lame duck: an official who has been defeated in the election but his/her term of office has not expired.
lobbyist: a person who works for an organized special interest group, association, or corporation. An attempt is made to influence policy decisions primarily in the legislative branch of government.
localism: when states or certain areas tend to act independently and not as a part of the country.
long ballot: originated in the 1820s because of the belief that the voting population should be able to elect all of the officials that govern them.
loose interpretation: a Hamiltonian view of the Constitution that advocates the idea that the federal government has a wide range of powers as implied in Article I, Section 8, Clause 18.
maintaining election: an election that indicates the existence of a pattern of partisan support.
majority floor leader: the legislative position held by an important party member who is chosen by the majority party in caucus or conference. The job is designed to keep members of that party in line and determine the agenda of that branch of government.
minority floor leader: the party leader in each house of government elected by the minority party.
national debt: the total amount of money the government owes.
National Security Council: a part of the executive branch of government that is a planning and advisory group whose function is to assist the president on matters of national security.
necessary and proper clause: the “implied powers” clause located in Article I, Section 8, Clause 18 of the Constitution. It states that aside from the enumerated powers given to the federal government, it also has the power to pass any law that can be traced back to those powers “delegated” in the Constitution.
nominating convention: a “meeting” in which a political party will choose its candidate for president.
oligarchy: government control is in the hands of limited number of people who are chosen on the basis of wealth and power.
override: means to “overrule” and refers to the aspect of the “checks and balances” system in which Congress can override a presidential veto by a two-thirds vote.
pocket veto: the constitutional procedure that president may use to prevent a bill from coming a law without giving specific reasons.
political action committee: a legal organization whose function it is to collect money and make campaign contributions to selected candidates.
political efficacy: the belief that one can have a forceful and meaningful impact on public affairs.
political machine: an organization for running a city or state government by dispensing patronage or favors from the smallest units of government (neighborhood or ward) to the largest. The head of this organization is called a “boss.”
poll tax: the requirement that a person must pay a certain amount of money in order to vote. This was found to be unconstitutional in 1964 by the Twenty-Fourth Amendment to the Constitution.
president pro tempore: the senior member of the majority party in the Senate who serves as the president of the Senate when the Vice President is absent.
primary election: an election held before the general election to determine the main candidates representing the various parties.
primary election: an election held to determine the various candidates chosen from that party to run for political office.
prior restraint: limiting First Amendment rights prior to the actual activity that would carry out that freedom (a speech being made, a movie being shown, a newspaper or book being published, etc.)
public domain: the lands held by the state or federal government.
recall election: a special election called by voters to remove an elected official before his/her term expires.
red tape: a way of describing dissatisfaction with the workings of a bureaucracy in terms of inefficiency, mismanagement, and frustration.
referendum: the procedure that allows voters to vote directly on issues instead of going through the “indirect” process of having legislators vote for those issues.
representative government: also known as an “indirect democracy” or a republic. This is when the people elect “representatives” to make laws for their benefit.
republic: the type of government in which voters elect representatives to make the laws for the country.
reserved power: powers that are “reserved” for the states as identified in the Tenth amendment to the Constitution.
retrospective voting: voting that takes into consideration such things as the performance of the political party, the officeholder, and/or the administration.
safe seat: an elected office where the party in power or the incumbent is so strong that being reelected is a foregone conclusion.
sedition: the attempt to overthrow a government by force or at least interrupt its activities.
Senate: one of the two houses of Congress historically known as the “upper” house that contains two representatives from each state regardless of population. Presently there are 100 members in this body.
Senatorial courtesy: the custom in the United States Senate to refer the names of possible appointees (specifically federal judges) to senators from the states from which the appointees reside and withdrawing the names of those appointees that these senators regard as objectionable.
separation of powers: the philosophy of a balanced government in which each of the three branches (executive, legislative, judicial) have their own powers.
socialism: a type of government that believes its major role should be on the concentration of national planning and public ownership of business. sovereignty: the source of a government’s power or authority.
Speaker of the House: the presiding officer of the United States House of Representatives who is selected by a caucus of his/her party and is formally elected by the entire House.
spoils system: the practice of rewarding those who worked in a successful political campaign by giving them governmental jobs.
standing committee: the name given to a permanent congressional committee.
states’ rights: the belief that the individual states had/have more power than the federal government.
strict interpretation: a Jeffersonian view of the Constitution that advocates the idea that the federal government has only those powers as identified in Article I, Section 8.
suffrage: the right or privilege of voting.
ticket splitting: the practice of voting for candidates without taking into consideration their political affiliation.
totalitarian government: the type of government that is characterized by a single party or individual controlling the entire country and every aspect of society.
tyranny: description of a government that is cruel or unjust.
unconstitutional: a legislative act or presidential action that violates the Constitution based on the interpretation of the Supreme Court.
unicameral legislature: refers to a one-house legislature.
unitary system: a type of government that concentrates power in the central government.
unite rule: a rule that the entire delegation to a party convention must cast its vote based upon the rule of the majority.
veto: to reject or refuse to sign a bill from Congress. This is the “check” that the president has on the powers of the legislative branch of government
Whip: the party leader who is the “intermediary” between the leadership and the rank and file in the legislature.
Source: http://www.constitutionfacts.com/?section=funZone&page=glossaryOfTerms.cfm
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
How was the Constitution used to Organize the New Government
This lesson explains the steps taken by the
First Congress to name a president and vice
president, to provide funding for the new
government, to draft a bill of rights, and to
organize the executive and judicial branches.
When you complete this lesson, you should
be able to explain how the Constitution pro-
vides an outline of the federal government’s
organization and that details are added by
the government itself. You should also be able
to explain how the First Congress used the
Constitution to name a president and vice
president and raise revenue to fund the new
government. You should be able to describe
how Congress has organized the executive
branch and how it has expanded. In
addition, you should be able to describe
how the Judiciary Act established the
federal court system.
bureaucracy
circuit courts
federal district court
Judiciary Act of 1789
president’s cabinet
TERMS TO UNDERSTAND
PURPOSE OF THE LESSON
This painting depicts the First Congress of 1789. Does Congress do the same things today as it did in 1789?
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The newly elected senators and represen-
tatives of the First Congress met in New
York in April 1789 to begin their work.
Five of their tasks were
• naming the new president
and vice president
• providing money for the government
• organizing the executive branch
of the government
• organizing the judicial branch
of the government
• drafting a bill of rights.
What were the tasksof the First Congress?
Why was it so important for the First Congress to succeed?
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1. Naming the new president and vice president
Article II of the Constitution deals
with the executive branch of the federal
government. Section 1 of that article sets
forth the way the president and vice pres-
ident are selected. Electors are appointed
by state legislators; these electors vote
for the candidates. Once the ballots are
collected, the president of the Senate is
to supervise the counting of the ballots.
In 1789 the votes showed, as expected,
that George Washington had been elected
president. John Adams, with the second
highest number of votes, became vice
president.
2. Providing money for the government
The First Congress was faced with a serious
problem—the federal government had no
income. Finding a source of income was a
matter of high priority. In addition to deciding
what taxes to collect, besides those on imports,
Congress had to design a method for col-
lecting them. Many members of the First
Congress thought that raising revenue would
be one of their most important accomplish-
ments. They were reluctant to put off
discussing the issue, and believed it should
be addressed even before something as
important as a bill of rights.
3. Organizing the executive branch
The Constitution gives Congress the power
to organize the executive branch. When the
First Congress met, its members were con-
cerned about controlling the executive branch
and preventing the president from gaining too
much power. This concern was made clear in
the debate over how the president should be
addressed. It was first proposed that he be
referred to or introduced as “His Highness,
the President of the United States of
America.” They decided that this would not
be proper because the nation was a republic,
not a monarchy. Instead, Congress agreed
on the simpler, more democratic title of
“The President of the United States.”
The First Congress created three depart-
ments to carry on the business of the exec-
utive branch. The persons in charge of these
departments were to be appointed by the
president and called “secretaries.” These
officials were very important under President
Washington because he used the secretaries
as his advisers. It was not until President
Jackson’s time, in the 1830s, that they became
known as the president’s cabinet. The first
departments and their secretaries were
• State Department – Thomas Jefferson
was the first secretary of state. This
department was responsible for dealing
with other nations, as well as for many
domestic matters, such as registering
patents and copyrights.
• War Department – Henry Knox was the
first secretary of war. This department was
responsible for handling the nation’s defense.
How did Congressaccomplish these taskswithin constitutionalguidelines?
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• Treasury Department – Alexander
Hamilton was the first secretary of the
treasury. This department was responsible
for taking care of the financial affairs of
the federal government.
In addition to these three, Edmund
Randolph was selected to be the attorney
general. It was his responsibility to handle
all Supreme Court cases involving the fed-
eral government, and to give legal advice to
the president and other members of the
executive branch.
Today the organization of the executive
branch of the federal government is far more
complex than it was during the early years
of the nation. When Thomas Jefferson was
president, 1801-1809, there were 2,210
people working in the branch and its three
departments. By the 2000’s, more than three
million people were working in the 15
departments and numerous other federal
agencies of the executive branch.
The Constitution does not mention
a federal bureaucracy — the nonelected
employees and organizations that implement
government policy. The Founders probably
did not expect the executive branch to grow
so large or to have so many responsibilities.
Still, the framework for government set up
in the Constitution has been able to deal
with these developments. To get a better
understanding of the organization of the
executive branch today, see the simplified
organizational chart on the following page.
President Washington and his secretaries. What factors were considered in organizing the executive branch?
4. Organizing the judicial branch
Article III of the Constitution says that “the
judicial power of the United States, shall be
vested in one supreme court, and in such
inferior courts as the Congress may from time
to time . . . establish.” The Framers wrote
only this very general guideline and gave
the First Congress the task of organizing
a system of federal courts.
Congress complied by passing a law known
as the Judiciary Act of 1789. It established
two kinds of federal courts below the
Supreme Court.
• Congress established a federal district
court in each state. These federal courts
were responsible for the first hearing
or trial of many cases involving the
Constitution, federal laws, and disputes
between citizens of different states.
• Congress also established a system of
circuit courts, in which serious crimes
could be tried. These courts would also
hear appeals from the district courts
and review their cases for errors of law.
Until 1891, when the Circuit Courts
of Appeals were established, a circuit
court was composed of a district judge
and a justice of the Supreme Court.
Why has the U.S. court system grown so much more complex than originally outlined by the Framers?
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In addition to the system of federal courts
established by the Constitution and Congress
to rule on federal cases, each state had its
own courts established by its legislature to
rule on cases of state law. This system of
federal and state courts is organized today
in much the same way it was in 1789.
Today the United States Supreme Court
plays an important role in our federal
government. In the beginning, however, the
Supreme Court ’s role was much less
significant. One of the first justices, John
Rutledge, did not attend a single session of
the Supreme Court during its first two years.
The first chief justice, John Jay, spent little
time on the job; he spent a year in England
on a diplomatic mission and ran for governor
of New York twice. Oliver Ellsworth, the
next chief justice, resigned his position in
1800. No one considered the Supreme Court
an important part of the federal government.
5. Drafting a bill of rights
During the struggle to get the states to
ratify the Constitution, the document had
been criticized for not having a bill of rights.
To answer this objection, the Federalists
agreed to the addition of a bill of rights as
soon as the new government was established.
In his inaugural address on April 30, 1789,
George Washington urged Congress to
respond to the widespread demand to add
a bill of rights to the Constitution. When
the First Congress met, James Madison
wanted to fulfill the promise made by the
Federalists during the ratification debates.
Madison was aware that many people were
still very suspicious of the new government.
They would be watching closely to see if
the Federalists would keep their promises.
Madison began his task by sorting
through the more than 200 amendments
recommended by states during the ratifica-
tion debates. Most fell into two groups:
1. They placed additional limitations on
the powers of the federal government.
2. They protected individual rights.
When he introduced a bill of rights,
Madison was careful not to include any
proposals that would limit the power of the
federal government and increase that of the
states. This led some Anti-Federalists, such
as Patrick Henry, to reject Madison’s bill.
Others, George Mason for example,
approved of the amendments. Madison’s
draft did include many of the suggestions
from the states that protected individual
rights such as freedom of religion, speech,
press, and assembly, and the rights of petition
and trial by jury. Introduction of the Bill of
Rights convinced enough Anti-Federalists
to support the government so that the move-
ment for a second constitutional convention
quickly died. Now the new government
could get on to other important tasks.
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1. What were some of the important tasks
the First Congress had to address in 1789?
2. What departments did Congress create
to do the work of the executive branch
of the national government? What
responsibilities did each of these
departments have?
3. How would you define the term
“bureaucracy?” How has the federal
government’s bureaucracy changed
since Jefferson was president?
4. How did the Judiciary Act of 1789
organize the system of federal courts?
5. More than 200 suggested amendments
to the Constitution were proposed in the
state ratifying conventions. In general,
what did these proposed amendments
do? In drafting the Bill of Rights,
what group of proposed amendments
did Madison exclude? How did Anti-
Federalists react to Madison’s proposal?
6. Conduct research on how cases on
appeal reach the U.S. Supreme Court
and the procedures the Court applies
in reaching its decisions.
REVIEWING AND USING
THE LESSON
NOTES
FOR THE
TEACHER
10
The first Congress met in New York in
April 1789 to begin the task of organ-
izing the new government under the
Constitution. This lesson describes how
using the guidelines provided in the
Constitution, the First Congress (1) named
the new president and vice president, (2)
provided funding for the new government,
(3) organized the executive branch, (4)
organized judicial branches, and (5)
drafted a bill of rights. Students learn that
the Constitution provided a general
framework for the government, leaving
any necessary details to be worked out
later by the Congress and the other
branches. Students also learn of the
events not foreseen by the Framers, the
significant growth of the executive
branch and the federal judiciary.
At the conclusion of the lesson,students should be able to
1. explain that the Constitution provides
a general framework outlining how the
government should be organized and
should operate; and that details are added
by the government as the need arises.
2. explain how Congress used Article II
of the Constitution to name the new
president and vice president.
3. explain the importance and the methods
of raising revenue to fund the new
government.
4. describe how Congress organized the
executive branch and the unforeseen
growth of this branch and the federal
bureaucracy.
5. describe the federal court system that was
established by the Judiciary Act of 1789.
A. Introducing the Lesson
To introduce the lesson, ask the class to
imagine that they are members of the
First Congress. What might be some
important issues they should discuss and
act upon? Direct the students’ attention
to the first illustrations in the student
handout. Ask students to respond to the
question in the captions on pages 2 and 3.
While students read the “Purpose of the
Lesson” post the “Terms to Understand”
on the board. Review with the class what
students should be able to do at the
completion of the lesson, as explained in
the “Purpose of Lesson.” Review the
vocabulary items on the board and remind
students to take special note of these terms
as they study the material in the lesson.
B. Reading and Discussion
What were the tasks of the First Congress?
Have the class read “What were the tasks
of the First Congress?” Post the five tasks
on the board. Use these five tasks to
assign the reading of the next section.
You may want to assign individual
sections to small groups of students
to read and report to the class.
LESSON OVERVIEW
LESSON OBJECTIVES
TEACHING PROCEDURES
NOTES
FOR THE
TEACHER
11
How did Congress accomplish these tasks
within Constitutional guidelines?
Have the class read, “How did Congress
accomplish these tasks within constitu-
tional guidelines?” Each group should
read their assigned task. They are to
summarize what the First Congress
actually did and how they did it. Then,
ask them to report what changes if any
have occurred since then. While work-
ing on this section call attention to the
two diagrams on pages 6 and 7 and ask
students to answer the questions posed
in their captions.
C. Concluding the Lesson
To conclude the lesson, have students
respond to the questions in the “Reviewing
and Using the Lesson” section.
1. Have students conduct research on
changes in the way the president and
the vice president are selected today.
2. Have students conduct research on how
the executive branch is structured today.
3. Have students conduct research on how
cases on appeal reach the U.S. Supreme
Court and the procedures the Court
applies in reaching its decisions. Have
students find articles about cases cur-
rently before the Court. Encourage
them to do their research in newspapers,
news magazines, and the Internet.
Berns, Walter. The Writings of the United
States Constitution. Washington, D.C.:
American Enterprise Institution, 1985.
Bowen, Catherine Drinker. Miracle at
Philadelphia. Boston & Toronto: Little,
Brown, & Co., 1986.
Hall, Kermit L. The Supreme Court and
Judicial Review in American History.
(Bicentennial Essays on the Constitution).
Washington, D.C.: American Historical
Association, 1985.
Ruthland, Robert A. The Birth of the
Bill of Rights: Its Origin and Meaning.
Indianapolis: Liberty Press, 1965.
SUPPLEMENTAL ACTIVITIES
ADDITIONAL READINGS
CREDITS
12
This supplemental lesson celebrating the Constitu-
tion is adapted from We the People: The Citizen and
the Constitution, Level III, Lesson 18, “How was
the Constitution Used to Organize the New
Government?”. This 1995 text was published
by the Center for Civic Education.
This Constitution and citizenship lesson is
cosponsored by The American Association of
School Administrators. AASA, founded in 1865,
is the professional organization for over 14,000
educational leaders across America and in many
other countries. AASA’s mission is to support and
develop effective school system leaders who are
dedicated to the highest quality public education
for all children. AASA’s major focus is standing
up for public education.
The Center for Civic Education is a nonprofit,
nonpartisan educational corporation dedicated to
fostering the development of informed, responsible
participation in civic life by citizens committed to
the values and principles fundamental to American
constitutional democracy.
The Center specializes in civic/citizenship education,
and international education exchange programs for
developing democracies. For additional information
on the Center’s programs and curricula, contact
the Center for Civic Education.
We the People: The Citizen and the Constitution
is directed by the Center for Civic Education and
funded by the U.S. Department of Education under
the Education for Democracy Act approved by the
United States Congress. The program was estab-
lished in 1987 under the Commission on the
Bicentennial of the United States Constitution.
This lesson is funded by the U.S. Department of
Education Grant Q929A040001.
© 2005, Center for Civic Education. All rights
reserved. Permission is granted to freely reproduce
and use this lesson for nonprofit, classroom use only.
Copyright must be acknowledged on all copies.
Image Credits
Page 1, the capitol building from Images of American Political History;
page 2, The First Federal Congress, 1789, by Allen Cox from the Architect
of the Capitol; page 5, Washington and His Cabinet, by Currier and Ives
from the Library of Congress; page 9, The Great Bartholdi Statue, by
Currier and Ives from the Library of Congress; page 12, statue of
Thomas Jefferson, Photodisc.
5145 Douglas Fir Road
Calabasas, CA 91302
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LESSON 2
• QUIZ A • QUIZ A ANSWERS • FOUNDING FATHERS QUESTIONS • FOUNDING FATHERS ANSWERS • CONSTITUTIONAL SCAVENGER HUNT • THE CONSTITUTION OF THE UNITED STATES
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
What is meant by returning to fundamental principles?
PU
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Founder George Mason said, “No free
government or the blessings of liberty can
be preserved to any people, but by frequent
recurrence to fundamental principles.” In this
lesson, you have the opportunity of relating
some fundamental principles and ideas of
our government to contemporary issues.
The Critical Thinking Exercises present a
series of quotations representing many great
ideas and principles that have shaped our
constitutional heritage. Some of these ideas
contradict each other. American constitu-
tional history has witnessed many conflicts
between competing principles of equal merit,
for example, the conflict between majority
rule and minority rights, between sovereign
power and fundamental rights, liberty and
order, unity and diversity.
You encounter some of these conflicts in the
exercises. In each case you are asked to apply
the principles and ideas suggested in the quo-
tations to a contemporary issue, to work
through the issue on your own or in small
groups, and to reach your own conclusions.
In so doing, you use the skills of citizenship—
observation, analysis, and value judgments
to reach an opinion, to express that opinion
and to be prepared to defend it. The exercises
provide practice for the responsibilities you
will encounter in the years ahead.
What is meant by returningto fundamental principles?
2
INT
RO
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CT
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The individuals who founded our gov-
ernment cherished and respected ideas.
They were excited about them. Ours is a
nation that was created by ideas. It is not the
product of a common culture or geography
or centuries of tradition. The United States
began as an experiment to see if certain ideas
about government—never before tried on
such a scale and in such a way—would work.
The English economist, John Maynard
Keynes, once remarked that “in the long
run it is ideas and not men who rule the
world.” If the upheavals of this century
have taught us anything, it is that ideas
have consequences, sometimes for good,
sometimes for evil. We like to believe that
in the end, good ideas will prevail over bad.
Whatever the case, ideas do matter.
The Soviet dictator, Joseph Stalin, once
disparaged the influence of religion by ask-
ing, “How many divisions does the Pope
have?” It is one of the great ironies of this
century that the fall of Stalin’s Communist
empire began in Poland, in a revolution
inspired in large part by the religious faith
of the Polish people and supported
throughout by the moral influence of the
papacy. “An invasion of armies can be resis-
ted,” said the French novelist Victor Hugo,
“but not an idea whose time has come.”
The invasion of Prague in the spring of 1968 by the Soviet Union. Do you have an obligationas a citizen and human being to exercise your moral authority when injustice occurs?
Why are fundamentalprinciples important?
3
INT
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CT
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When George Mason spoke of the
importance of a frequent recurrence to
fundamental principles, he was invoking
an old idea associated with republican
government. The ancient Greeks and
Romans believed that a government
established with the purpose of serving
the public good and involving the partici-
pation of all citizens could not survive
unless each generation was reminded of
that government’s reason for being and the
principles by which it operated.
“If a nation means its systems, religious or
political, shall have duration,” said another
of the Founders, “it ought to recognize the
leading principles of them in the front page
of every family book. What is the useful-
ness of a truth in theory, unless it exists
constantly in the minds of the people
and has their assent?”
It is doubtful that these Founders had
in mind an uncritical acceptance of the
“Wisdom of the past.” In revisiting these
principles, each generation must examine
and evaluate them anew. Indeed, it is prob-
able that the Founders would be somewhat
surprised at the reverence in which they
and their writings have been held by
subsequent generations of Americans.
The Founders, themselves, were vigorous
critics of the wisdom they inherited and
the principles in which they believed. They
were articulate, opinionated individuals who
loved to examine ideas, to analyze, argue,
and debate them. They expected no less of
future generations. They would expect no
less of you. To go back in thought or
discussion to first principles requires us to
make principled arguments and ground
our opinions in ideas of enduring value.
It is what citizenship in a free society is
all about.
What did the Foundersmean by returningto first principles?
4
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One of the most enduring and important
challenges in our constitutional system of
government is how to balance order with
liberty. Today, this challenge is focused on
the issue of crime. Violent crime is wide-
spread in the nation’s inner cities, but few
areas of our society feel safe. Violence even
has become a problem for our schools.
Recently, in response to the crime problem
in a housing project in one of the nation’s
largest cities, officials in that city proposed
large-scale police “sweeps” of apartments to
search for illegal weapons. These searches
would not use a search warrant or provide
evidence of probable cause. After a judge
struck down the proposal as an unconstitu-
tional violation of the Fourth Amendment,
the city then proposed a new policy: requiring
prospective tenants in public housing projects
to waive their Fourth Amendment rights
as a condition of their leases.
Critics of this proposal doubt its constitu-
tionality and worry about the consequences
of a policy that would require a citizen to give
up any of the liberties protected by the Bill
of Rights. Those supporting the proposal
point to the dangerous conditions that these
tenants must live in. What’s the point of
worrying about procedural rights in a world
that has, in effect, become a lawless state?
Government’s first obligation, they say, is
to provide the security of an orderly society.
What is your position on this issue? Justify
it in terms of the situation itself and in terms
of constitutional principles.
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles
conflict with each other?
a. The right of the people to be secure intheir persons, houses, papers, and effects,against unreasonable searches andseizures, shall not be violated, andno warrants shall issue, but uponprobable cause . . . .
Fourth Amendment
b. The good of the people is the highest law.
Cicero
c. Authority without wisdom is like aheavy axe without an edge, fitter tobruise than polish.
Anne Bradstreet
d. For a man’s house is his castle.
Edward Coke
e. They that can give up essential libertyto obtain a little temporary safetydeserve neither liberty nor safety.
Benjamin Franklin
f. Since the general civilization of man-kind, I believe there are more instancesof the abridgment of the freedom of thepeople by gradual and silent encroach-ments of those in power, than by violentand sudden usurpation.
James Madison
g. Every successful revolution puts on intime the robe of the tyrant it has deposed.
Barbara Tuchman
h. Liberty, too, must be limited in orderto be possessed.
Edmund Burke
1. Liberty v. Order
5
CR
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men’s uniting into Commonwealths,and putting themselves under Govern-ment, is the preservation of property[i.e., life, liberty and estate].
John Locke
2. Which, if any, of these statements do
you find most persuasive? Why?
3. What is your position on this issue?
Explain the reasons for your position
in terms of the situation itself and in
terms of the principles involved.
Americans are worried about the use and
sale of illegal drugs. A recent poll indicated
that a substantial percentage of American
citizens would be willing to give up some
protections of the Bill of Rights in order
to control illegal drug use.
Several years ago Congress passed a law
authorizing federal authorities to confiscate
the property of individuals suspected of
trafficking in drugs. Such property could be
seized on mere suspicion. Individuals whose
property had been seized could appeal and seek
a return of their property, but the burden of
proof rested on them to prove their innocence.
Advocates of this law argued its constitu-
tionality on the grounds that the government
was not acting against the suspected indi-
viduals, only against their property. Since only
individuals, and not property, enjoy the
protection of the Bill of Rights, they said,
the law did not violate the Constitution.
Since going into effect the law has proved
controversial. Congress may repeal it. Do you
think it should be repealed? Even if the con-
stitutionality of such a law is upheld, should
the government have such power? How would
you determine the circumstances in which
protections guaranteed by the Constitution
should be curtailed by the government?
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles con-
flict with each other?
a. No person shall be . . . deprived of life,liberty, or property, without due processof law . . . .
Fifth Amendment
b. It is better that ten guilty persons escapethan one innocent person suffer.
William Blackstone
c. Man’s capacity for justice makes democ-racy possible, but man’s inclination toinjustice makes democracy necessary.
Reinhold Niebuhr
d. The mood and temper of the public inthe treatment of crime and criminalsis one of the most unfailing tests ofcivilization of any country.
Winston Churchill
2. Which, if any, of these statements do
you find most persuasive? Why?
3. What is your position on this issue?
Explain the reasons for your position in
terms of the situation itself and in
terms of the principles involved.
2. Rights of the Accused
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Is a common language essential to the
survival of American democracy? One of
the most controversial aspects of diversity in
America has to do with language. Through-
out our history English has been the principal
language of the country. For millions of
immigrants, learning English was an impor-
tant first step to becoming a U.S. citizen.
Schools must teach immigrant children who
speak languages other than English. Educators
differ about how best to accomplish their
tasks. Moreover, a large percentage of recent
immigrants use Spanish as their first lan-
guage. In certain areas of the country Spanish
is as commonly spoken as English. We are
becoming, many believe, a bilingual nation.
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles
conflict with each other?
a. America is God’s crucible, the greatmelting pot where all the races ofEurope are melting and re-forming!
Israel Zangwell
b. Immigrants are not refuse; rather, theyare the sinew and bone of all nations . . . .Education is the essence of Americanopportunity, the treasure that no thiefcould touch, not even misfortune or poverty.
Mary Antin
c. Our political harmony is thereforeconcerned in a uniformity of language.
Noah Webster
d. We have room for but one language here,and that is the English language, andwe intend to see that the crucible turnsour people out as Americans, and not asdwellers of a polyglot boardinghouse.
Theodore Roosevelt
e. In world history, those who have helpedto build the same culture are not necessarilyof one race, and those of the same racehave not all participated in one culture.
Ruth Fulton Benedict
f. We have become not a melting pot buta beautiful mosaic. Different people,different beliefs, different yearnings,different hopes, different dreams.
Jimmy Carter
g. America is not a melting pot. It is asizzling cauldron.
Barbara Mikulski
i. Unless you speak English and readwell, you’ll never become a first-classcitizen . . . but when you say ‘official,’that becomes a racial slur.
Barbara Bush
j. The individual . . . does not exist forthe State, nor for that abstraction called‘society,’ or the ‘nation,’ which is only acollection of individuals.
Emma Goldman
2. Which, if any, of these statements do
you find most persuasive? Why?
3. Is a common language necessary to
American citizenship? Explain your
position in terms of the principles
involved.
3. Unity v. Diversity
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References to “human rights,” “political
rights,” “parental rights,” and other terms
using the word rights appear in the news
every day. We have become so accustomed
to the word, we don’t often think about
what it means. A right may be described as
a claim to have or obtain something, or to
act in a way that is justified on legal or moral
grounds. For example, you might claim the
right to practice your own religion and justify
it by appealing to the First Amendment to
the Constitution. This is not, of course, the
only justification you could give.
In describing the concept of natural rights,
philosophers like John Locke were making
a bold, new departure from previous uses of
the term rights. Before the time of Locke
and other natural rights philosophers, the
concept of rights had been applied in a very
limited and selective way. More often than
not, rights were considered special privileges,
enjoyed only by certain groups, classes, or
nations of people.
Natural rights philosophers disagreed with
this interpretation. They believed that people’s
opportunities should not be limited by the
situation or group into which they were born.
These philosophers regarded the individual,
rather that the class or group, as the most
important social unit. They saw society as
a collection of individuals, each of whom
shared the same right to pursue his or her
own welfare.
Locke, for example, defined natural
rights in terms of life, liberty, and property
because he considered them to be the
essence of humanity. They are what make us
human beings and what define our purpose
in life. They are inclusive rights, belonging
to every human being. These rights Locke
also considered to be unalienable. This means
they are so much a part of human nature
that they cannot be taken away or given up.
One of the great conflicts of principles is
that which exists between fundamental rights
on the one hand and sovereign power on the
other. This conflict was an important factor
in the American Revolution and in the Civil
War. A fundamental right is one that can-
not be revised or taken away by any power.
Sovereignty is that power within a state
beyond which there is no appeal—whoever
has the sovereign power has the final say.
In 1990 the Supreme Court ruled in Texas
v. Johnson that the burning of an American
flag as a political protest, however distasteful
an act to many Americans, was protected
under the free speech provision of the First
Amendment. The Court’s decision prompted
demands for a constitutional amendment
prohibiting the desecration of “Old Glory.”
President George H.W. Bush publicly
endorsed such an amendment.
Had the proposed amendment been adopt-
ed, it would have added to the Constitution
for the first time the prohibition of a
particular form of expression. It would also
have represented a limitation on one of
the essential freedoms guaranteed in
the Bill of Rights.
4. Individual Rights v. the Sovereignty of the People
8
CR
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the sovereign authority of the American
people to revise or abolish entirely the Bill
of Rights. What do you think the incident
suggests about the protection of rights in a
constitutional democracy? Does it suggest
that the theory of fundamental rights is
irrelevant? What does it suggest about the
relevance of the natural rights philosophy?
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles
conflict with each other?
a. We the People of the United States . . .do ordain and establish thisConstitution . . . .
Preamble to the Constitution
b. Congress shall make no law . . .abridging the freedom of speech.
First Amendment
c. All lawful authority, legislative, andexecutive, originates from the people.Power in the people is like light in thesun, native, original, inherent, andunlimited by any thing human.
James Burgh
d. No written law has ever been morebinding than unwritten customsupported by popular opinion.
Carrie Chapman Catt
e. You have rights antecedent to all earthlygovernments; rights that cannot berepealed or restrained by human law;rights derived from the Great Legislatorof the Universe.
John Adams
f. The people made the Constitutionand the people can unmake it. It is thecreature of their own will, and livesonly by their will.”
John Marshall
g. No one cause is left but the most ancientof all, the one, in fact, that from thebeginning of our history has determinedthe very existence of politics, the causeof freedom versus tyranny.”
Hannah Arendt
h. When I refuse to obey an unjust law, Ido not contest the right of the majorityto command, but I simply appeal fromthe sovereignty of the people to thesovereignty of mankind.
Alexis de Tocqueville
2. Which, if any, of these statements do
you find most persuasive? Why?
3. What is your position on the issue?
Explain the reasons for your position
in terms of the situation itself and in
terms of the principles involved.
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One of the major issues of the last two
decades has been health care reform. In
addition to the many, complex aspects of
health care itself, there also is a constitu-
tional aspect to this issue: the benefits and
dangers of government power. A national
health care plan would mean a substantial
expansion of the federal government’s
involvement in the private sector. Health
care services now comprise about fifteen
percent of the nation’s economy and are
rising each year.
Advocates of comprehensive health care
reform argue the need for government to
take charge of what has become a serious
problem in contemporary America. They
would point to precedents such as the Social
Security System, which was created in 1935 as
part of the New Deal. Critics of a national
health care plan, on the other hand, express
concern about any substantial increase in
government bureaucracy. A national health
care system administered by the government,
they believe, constitutes a potential threat
to individual liberty.
With the complexities and demands of
modern American society, what are the
proper limits to an energetic government?
What criteria should the citizen employ in
evaluating the benefits and dangers of
government regulation?
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles
conflict with each other?
a. . . . [to] promote the general Welfare.
Preamble to the Constitution
b. To make all Laws which are necessaryand proper for carrying into Executionthe foregoing Powers.
Constitution, Article 1, Sec. 7
c. If, my countrymen, you wait for aconstitution which absolutely bars apower of doing evil, you must waitlong, and when obtained it willhave no power of doing good.
Oliver Ellsworth
d. A government ought to contain in itselfevery power requisite to the full accom-plishment of the objects committed to itscare, and to the complete execution of thetrusts for which it is responsible, free fromevery other control, but a regard to thepublic good and to the sense of the people.
Alexander Hamilton
e. I own I am not a friend to a very ener-getic government. It is always oppressive.
Thomas Jefferson
2. With the complexities and demands of
modern American society, what are the
proper limits to an energetic government?
3. Which, if any, of these statements do
you find most persuasive? Why?
4. What is your position on this issue?
Explain the reasons for your position
in terms of the situation itself and in
terms of the principles involved.
5. The Dangers and Benefits of Energetic Government
10
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With the exception of the issue of separation
of church and state, no issue has focused
so sharply the question of constitutional
interpretation and the role of the judiciary
in making such interpretation as the death
penalty. Shortly before his retirement in
1994, Justice Harry Blackmun announced
that he would no longer vote in favor of
implementation of the death penalty. While
he did not exactly say that capital punish-
ment was unconstitutional, his remarks
suggested that because the death penalty
had become so repugnant to him, he would
no longer have anything to do with its
enforcement.
Justice Blackmun’s remarks were contro-
versial, in part because of the strong opinions
on the death penalty issue in the United
States. They also were controversial because
of what they suggested about how the words
of the Constitution should be interpreted
and the degree to which a judge’s subjectivity
should influence that interpretation.
Is the death penalty constitutional? Its
opponents say no. They maintain that the
penalty itself violates the “cruel and unusual
punishment” of the Eighth Amendment both
the manner of taking life and the long delays
that usually accompany it. Opponents also
have argued that implementation of capital
punishment violates the equal protection
clause of the Fourteenth Amendment, since
its application falls disproportionately on
the poor and minorities.
Other citizens, including some who are
opposed to the death penalty as a policy, say it
is constitutional. The text of the Constitution,
they argue, makes clear that the Framers
intended to allow for capital punishment.
It is up to the people through their repre-
sentatives—and not to judges—to decide
on whether or not to employ this option.
If you were a justice on the Supreme Court,
how would you approach this issue? What
outlook and criteria would you use to inter-
pret the words of the Framers? What would
you consider to be the proper role of judges
in addressing this issue? Would you take a
different position if you were a legislator?
1. How do the following statements apply
to this situation? What principles and
ideals are implied in each statement?
How, if at all, do these principles
conflict with each other?
a. . . . nor cruel and unusual punishmentsinflicted.
Eighth Amendment
b. No punishment has ever possessedenough power of deterrence to preventthe commission of crimes.
Hannah Arendt
c. No person shall be . . . deprived of life,liberty, or property, without due processof law . . . .
Fifth Amendment
d. Then thou shall give for a life, eye foreye, tooth for tooth . . . .
Exodus, 21:23-24
e. Thou shalt not kill.
Exodus, 20:13
6. Capital Punishment and the Constitution
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constitutional principles, a. and c., and
the passages from the Bible, d. and e.?
What is it about these ideas that allows
people to reach opposing points of view?
Because something is legal, does that
make it moral?
3. Which, if any, of these statements do
you find most persuasive? Why?
4. What is your position on this issue?
Explain the reasons for your position
in terms of the situation itself and
in terms of the principles involved.
POSTSCRIPT
Our Constitution is a covenant running
from the first generation of Americans to
us and then to future generations. It is a
coherent succession. Each generation must
learn anew that the Constitution’s written
terms embody ideas and aspirations that
must survive more ages than one.
Justices O’Connor, Kennedy, and Souter
12
The U.S. Supreme Court Building.
NOTES
FOR THE
TEACHERThis lesson involves students in a number
of critical thinking exercises. Each exercise
presents a series of quandaries representing
many great ideas and principles that have
shaped our constitutional heritage, some
contradictory but of equal merit to the
others. In each exercise, students apply
principles and ideas to a contemporary
issue and then take a position and
defend their judgments.
At the conclusion of this lesson,
students should be able to
● explain in what ways the American
experiences in self-government can
be called an “adventure in ideas.”
● evaluate, take, and defend positions
on a number of issues related to the
fundamental principles and values
of government and individual rights
in American society.
A. Introducing the Lesson
To introduce the lesson, direct
attention to the photograph on page 3
and its caption.
Do you have an obligation as a citizen
and a human being to exercise your moral
authority when injustice occurs?
Ask students to respond to the question.
Have the class read the “Purpose of
the Lesson.” Discuss with students why
they think it might be important in a
representative democracy to discuss and
debate ideas and issues related to the
principles that have shaped our
constitutional heritage.
B. Reading and Discussion
Have the class read “Why are funda-
mental principles important?” Students
should understand that our nation was not
created by common culture, geography,
or centuries of tradition. Our nation was
created by ideas. “In the long run,” John
Maynard Keynes observed, “It is ideas
and not men who rule the world.”
Next, have the class read, “What did
the Founders mean by returning to first
principles?” Discuss with the class the
importance in a republican democracy
of reminding each new generation of
citizens why we have government and
the principles upon which that
government is based.
C. Critical Thinking Exercises
During each of the six critical thinking
exercises in this lesson, students examine
and evaluate a contemporary situation
and determine which fundamental prin-
ciples apply to the issues raised in the
exercise. Students then take and defend
a position on how to resolve the situa-
tion on the basis of the fundamental
principles involved.
LESSON OVERVIEW
LESSON OBJECTIVES
TEACHING PROCEDURES
13
NOTES
FOR THE
TEACHER
You may want to have all students work
on each of the six exercises. If so, divide
the class into small groups. Review the
exercises and the questions with the class.
At the conclusion have the students
share their responses with the class.
As an alternative, divide the class into
six groups and assign one exercise to
each group. Have each group prepare
a presentation for the other students
in the class. All students in the group
should participate in the presentation
and respond to questions from
other groups.
D. Concluding the Lesson
To conclude the lesson, have each
group of students present and discuss
the issues in one of the critical thinking
exercises. All students should be
encouraged to participate in debating
the ideas related to each of the
situations described.
14
CREDITS
This supplemental lesson celebrating the
Constitution is adapted from We the People: The
Citizen and the Constitution, Level III, Lesson 18,
“How Was the Constitution Used to Organize the
New Government?”. This 1995 text was published
by the Center for Civic Education.
This Constitution and citizenship lesson is
cosponsored by The American Association of
School Administrators. AASA, founded in 1865,
is the professional organization for over 14,000
educational leaders across America and in many
other countries. AASA’s mission is to support and
develop effective school system leaders who are
dedicated to the highest quality public education
for all children. AASA’s major focus is standing
up for public education.
The Center for Civic Education is a nonprofit,
nonpartisan educational corporation dedicated to
fostering the development of informed, responsible
participation in civic life by citizens committed to
the values and principles fundamental to American
constitutional democracy.
The Center specializes in civic/citizenship education,
and international education exchange programs for
developing democracies. For additional information
on the Center’s programs and curricula, contact
the Center for Civic Education.
We the People: The Citizen and the Constitution
is directed by the Center for Civic Education and
funded by the U.S. Department of Education under
the Education for Democracy Act approved by the
United States Congress. The program was estab-
lished in 1987 under the Commission on the
Bicentennial of the United States Constitution.
This lesson is funded by the U.S. Department of
Education Grant Q929A040001.
© 2005, Center for Civic Education. All rights
reserved. Permission is granted to freely reproduce
and use this lesson for nonprofit, classroom use only.
Copyright must be acknowledged on all copies.
Image Credits
Page 1, Toscin of Liberty, Currier and Ives, Library of Congress;
page 2, Comstock Images; page 3, Jaromir Hanus of the Czech Republic,
photographer; page 4, Writing the Declaration of Independence, by J.L.G.
Ferris from the Library of Congress; page 12, the Library of Congress;
page 14, The Great Bartholdi Statue, by Currier and Ives from the
Library of Congress; page 15, Photodisc.
15
5145 Douglas Fir Road
Calabasas, CA 91302
800.350.4223
818.591.9330 FAX
www.civiced.org
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
Directions: Use the following questions during a classroom discussion.
Source: http://www.constitutionday.cc/
OBJECTIVE:
Analyze key democratic concepts found in the U.S. Constitution. Identify the U.S. Constitution as the document that describes the structure of
government and the rights of individuals under the government. Identify the rights contained in the Bill of Rights and the other amendments to the
United States Constitution and give examples of how rights are applied and limited; e.g., majority rule vs. minority rights.
Explain the structure and function of the legislative, executive, and judicial branches of the federal government as outlined in the U.S. Constitution.
Describe and give examples of the system of checks and balances in the federal government as outlined in the U.S. Constitution.
DESCRIPTION OF ACTIVITIES:
Inform the students that today’s lesson is about getting to know the various parts of the U.S. Constitution and analyzing the rights that are guaranteed under this important document.
Pass out the U.S. Constitution (attached). Briefly go over the structure of the U.S. Constitution with the students. For example,
explain how the Constitution reads like an outline and each article describes a specific aspect of the structure of the federal government and that there have been 27 amendments (additions or changes) to the Constitution since it was first ratified.
Pass out Constitution Scavenger Hunt Questions. Inform the students that they will be using their copies of the U.S. Constitution to answer
the questions that are on the Constitution Scavenger Hunt.
You may want to do the first few questions together to get the students started. Allow ample time for students to find the answers.
When students have completed the scavenger hunt, go over the answers with them. Clear up any areas of confusion and assign the extension activity (below) for home
learning.
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
ASSESSMENT STRATEGY:
Oral questions and scavenger hunt questions
MATERIALS/AIDS NEEDED:
Copies of Constitution and scavenger hunt questions.
EXTENSION ACTIVITIES:
Have the students write a persuasive essay on one of the following topics: Should there be an amendment establishing a national driving age of 18? Should the military powers of the president be further limited? Should U.S. Supreme Court Justices have limits on the number of years they
can sit on the Supreme Court?
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
Directions: The Constitution of the United States of America to assist you in answering the following questions.
1. What are the six goals stated in the Preamble of the U.S. Constitution? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. What are the qualifications for being a U.S. Senator? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
3. What are the qualifications for being a U.S. Representative?
____________________________________________________________________________________________________________________________________________ From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
4. What are the qualifications for being a U.S. President?
____________________________________________________________________________________________________________________________________________
From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
5. What are the qualifications for being a U.S. Supreme Court Justice?
__________________________________________________________________________________________________________________________________________ From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
6. What is the official job of the Vice President of the United States?
__________________________________________________________________________________________________________________________________________
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
7. A bill for raising revenue originates in which house of congress? ______________ From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
8. Which branch of government has the power to coin money, establish post offices, and
makes rules for the government and regulation of land and naval forces? __________________________________________________________________ __________________________________________________________________ From what article and section is this information found in the Constitution?
Article: _________________ Section: _______________
9. Which amendment establishes a free press? ____________________________ 10. How many people signed the original Constitution from the state of Pennsylvania? _______________________ 11. Article III describes ____________________ powers and establishes the Supreme
Court as the highest court in the country. 12. Which amendment states that you do not have to provide shelter for soldiers during
times of peace? __________________________________________________________________
13. The second amendment states that people have the right to bear arms in order to:
__________________________________________________________________ 14. Which amendment gives you the right to a jury trial in a civil case? _____________ 15. Which amendment secures rights for the people that are not specifically listed in the
Constitution? _____________________ 16. Which amendment set up the practice of the federal government taxing people’s
income? _________________________ 17. What amendment is no longer valid since it was cancelled out by a subsequent
amendment allowing the sale of a certain type of beverage? __________________________________________________________________
18. Which amendment describes who will take the place of the president if he/she dies or is
no longer able to perform his/her duties? _____________________________ 19. Which article of the Constitution states that all states must respect one another’s laws
and explains the process of creating new states? ______________________ 20. Which article states that Congress has the power to “make all laws which shall be
necessary and proper?” ______________________________________________ 21. Which amendment states that state government holds power not specifically granted to
the federal government? __________________________________________________________________
22. The Fifth Amendment states that no one can be put on trial for a serious federal crime
without an __________________________- a formal charge by a grand jury. 23. Which amendment protects you against double jeopardy which means that you cannot
be tried for the same crime twice? __________________________________________________________________
24. Describe the purpose of the 25th amendment:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
25. Franklin D. Roosevelt served four terms as president (who died at the beginning of his
fourth term). Which amendment concerning presidential terms was NOT passed when FDR was president? __________________________________________________________________
26. If you were 18 in 1965, could you vote? _______ yes ______ no
Explain your answer: ______________________________________________________________________ ___________________________________________________________________________________________________________________________________________
27. What was the original intent of the 14th amendment?
__________________________________________________________________________________________________________________________________________________________________________________________________________________
28. How were the elections of president and vice-president handled prior to passing the 12th Amendment? How did it change as a result of the 12th amendment?
______________________________________________________________________
__________________________________________________________________________________________________________________________________________
29. What five rights are guaranteed under the 1st amendment?
__________________________________________________________________________________________________________________________________________________________________________________________________________________
30. According to the Constitution, what is the definition of treason?
__________________________________________________________________________________________________________________________________________________________________________________________________________________ What article and section of the Constitution defines treason?
Article :___________________ Section: _______________________ 31. Under what article of the Constitution is it prohibited to grant titles of nobility?
__________________________________________________________________________________________________________________________________________________________________________________________________________________
32. Where is it stated that the President has the powers of pardon and reprieve? ______________________________________________________________________ 33. According to the Constitution, what are the crimes for which an elected official may be
impeached? __________________________________________________________________________________________________________________________________________________________________________________________________________________
34. Article III Section 2 of the Constitution outlines the jurisdiction of a federal court. What
specific types of cases are listed in this section? __________________________________________________________________________________________________________________________________________________________________________________________________________________
35. Which amendment states that if members of Congress grant themselves a pay raise, it
would not become effective until after the next congressional election? _____________ 36. Which article of the Constitution establishes the Constitution as the “supreme law of the
land?” ________________________________
37. Which amendment extended voting rights to those who once were held in a state of
servitude? _______________________________________________________________
38. Which amendment might protect you from your back pack being searched? _____________________________________________________________________ _________________________________________________________________ 39. Which amendment shortened the time between the “out-going” president and the “in-
coming” president? _______________________________________________ 40. If you read the amendments in order, you should be able to clearly see that throughout
history certain groups of people were denied basic liberties. Explain, using information from the Constitution, what is meant by this statement. ______________________________________________________________________
The Constitution of the United States of America Scavenger Hunt
ANSWER KEY
Directions: The Constitution of the United States of America to assist you in answering the following questions.
1. What are the six goals stated in the Preamble of the U.S. Constitution?
Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty.
2. What are the qualifications for being a U.S. Senator?
Must be at least 30 years old, be a resident of the state in which he/she represents, and a U.S. citizen for at least 9 years.
From what article and section is this information found in the Constitution?
Article: 1 Section: 3
3. What are the qualifications for being a U.S. Representative? Must be at least 25 years old, been a U.S. citizen for at least 7 years, and a resident from the state he/she represents.
From what article and section is this information found in the Constitution?
Article: _______1__________ Section: ________2_____________________
4. What are the qualifications for being a U.S. President?
Must be at least 35 years old, a native- born citizen, and a resident of the U.S. for 14 years.
From what article and section is this information found in the Constitution?
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
Article: ____2_____________ Section: _______1____________________
5. What are the qualifications for being a U.S. Supreme Court Justice? There are no official qualifications; however, one must be nominated by the President and confirmed by the Senate. From what article and section is this information found in the Constitution?
Article: __________N/A_______ Section: ________N/A____________________
6. What is the official job of the Vice President of the United States?
To preside over the Senate. From what article and section is this information found in the Constitution?
Article: ______1___________ Section: ________3________________________
7. A bill for raising revenue originates in which house of congress?
House of Representatives
From what article and section is this information found in the Constitution?
Article: ____________1_____ Section: _____7___________________________
8. Which branch of government has the power to coin money, establish post offices, and makes rules for the government and regulation of land and naval forces? The Legislative Branch
From what article and section is this information found in the Constitution?
Article: ______1___________ Section: _______8_________________________
9. Which amendment establishes a free press? Amendment 1
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
10. How many people signed the original Constitution from the state of Pennsylvania? Eight 11. Article III describes Judicial Branches powers and establishes the Supreme Court as
the highest court in the country. 12. Which amendment states that you do not have to provide shelter for soldiers during
times of peace? Amendment 3 13. The second amendment states that people have the right to bear arms in order to: Keep a well regulated militia being necessary to the security of a free state. 14. Which amendment gives you the right to a jury trial in a civil case?
Amendment 7
15. Which amendment secures rights for the people that are not specifically listed in the
Constitution?
Amendment 9 16. Which amendment set up the practice of the federal government taxing people’s
income? Amendment16 17. What amendment is no longer valid since it was cancelled out by a subsequent
amendment allowing the sale of a certain type of beverage? Amendment 18 and 21 (dealing with Prohibition) 18. Which amendment describes who will take the place of the president if he/she dies or is
no longer able to perform his/her duties? Amendment 25
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
19. Which article of the Constitution states that all states must respect one another’s laws
and explains the process of creating new states? Article 4 20. Which article states that Congress has the power to “make all laws which shall be
necessary and proper?”
Article 1 Section 18
21. Which amendment states that state government holds power not specifically granted to the federal government?
Amendment 10
22. The Fifth Amendment states that no one can be put on trial for a serious federal crime without an indictment a formal charge by a grand jury.
23. Which amendment protects you against double jeopardy which means that you can not
be tried for the same crime twice?
Amendment 5 24. Describe the purpose of the 25th amendment:
Presidential Disability and succession (1967) - set up a process for replacing the president if the president dies, resigns, or is removed from office. State that the vice- president, if not the Vice-president, then the speaker of the House, if not the speaker of the House, the Heads of the cabinet’s creation.
25. Franklin D. Roosevelt served four terms as president (who died at the beginning of his
fourth term). Which amendment concerning presidential terms was NOT passed when FDR was president?
Amendment 22- Two- term limit 26. If you were 18 in 1965, could you vote? _______ yes ____X__ no
Explain your answer: Amendment 26 had not been passed yet.
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
27. What was the original intent of the 14th amendment?
To officially grant citizenship status to those held in a state of servitude after the Civil War.
28. How were the elections of president and vice-president handled prior to passing the 12th
Amendment? How did it change as a result of the 12th amendment? The person with the most number of votes became President and that person with
the second most number of votes became Vice- President. Amendment twelve changed the elections to be a “two for one” deal.
29. What five rights are guaranteed under the 1st amendment? Freedom of the press, speech, assembly, petition, and religion. 30. According to the Constitution, what is the definition of treason? Waging war against the government, assisting or providing comfort to enemies.
What article and section of the Constitution defines treason? Article: _________3_________ Section: ____________3___________ 31. Under what article of the Constitution is it prohibited to grant titles of nobility?
Article 1 Section 9
32. Where is it stated that the President has the powers of pardon and reprieve?
Article 2 Section 2 33. According to the Constitution, what are the crimes for which an elected official may be
impeached? Impeachment of the President and Vice- president can only occur if crimes of
treason, bribery, or other higher crimes and misdemeanors have been committed.
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
34. Article III Section 2 of the Constitution outlines the jurisdiction of a federal court. What
specific types of cases are listed in this section? Cases involving ambassadors, other public ministers and counsels, to all cases of
admiralty and maritime jurisdiction; to controversies to which the U.S. shall be a a party, to controversies between two or more states: between a state and citizens of another state; between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizen thereof, and foreign states, citizen or subjects.
35. Which amendment states that if members of Congress grant themselves a pay raise, it
would not become effective until after the next congressional election? Amendment 27
36. Which article of the Constitution establishes the Constitution as the “supreme law of the
land?” Article 6 37. Which amendment extended voting rights to those who once were held in a state of
servitude? Amendment 15
38. Which amendment might protect you from your back pack being searched? Amendment 4 39. Which amendment shortened the time between the “out-going” president and the “in-
coming” president? Lame Duck amendment- Amendment 20 40. If you read the amendments in order, you should be able to clearly see that throughout
history certain groups of people were denied basic liberties. Explain, using information from the Constitution, what is meant by this statement.
** Answers will vary but should explain that African- Americans, women, and
young people were, at various points in the U.S. History, denied the right to vote. Special explanation should be seen concerning Amendments 13-15 that deal with granting basic citizenship rights to ex- slaves after the Civil War.
MDCPS’ Division of Social Sciences and Life Skills
Constitution Day
The Constitution of the United States
What are the founding principles and
ideals expressed in the U.S
.Constitution? Overview
In this lesson, students will study the Constitution from three perspectives, examining its structure, content, and underlying philosophy. After skimming and making inferences about the Constitution, students will focus on the separate articles: their purpose, content, and underlying ideas. Next, they will jigsaw into new groups and brief each other on their articles. Finally, they will work individually to analyze constitutional principles and locate relevant sections within the Constitution.
Objectives
In the core lesson, students will:
list the purposes of the seven articles of the Constitution.
identify the powers of the legislative, executive, and judicial branches.
understand the ways the Constitution ensures republican government limited government separation of powers and checks and balances individual rights federalism popular sovereignty
appreciate the protections of the United States Constitution.
BENCHMARKS/COMMON CORE
M A T E R I A L S
Lesson Plan Student Handouts
The Constitution of the United States Handout A: Constitution Cube (run off on heavy or construction paper) Handout B: First Impressions Handout D: A Second Study Handout E: Looking Deeper at Philosophy Handout F: Government Around the World (optional)
Additional Teacher Resources
Handout C: Constitutional Connection Cards
SS.912.C.1.1: Evaluate, take, and defend positions on the founding ideals and
principles in American Constitutional government.
SS.912.C.1.3: Evaluate the ideals and principles of the founding documents
(Declaration of Independence, Articles of Confederation, Federalist Papers) that
shaped American Democracy.
SS.912.C.1.4: Analyze and categorize the diverse viewpoints presented by the
Federalists and the Anti-Federalists concerning ratification of the Constitution
and inclusion of a bill of rights.
SS.912.C.3.1: Examine the constitutional principles of representative
government, limited government, consent of the governed, rule of law, and
individual rights.
SS.912.C.3.2: Define federalism, and identify examples of the powers granted and
denied to states and the national government in the American federal system of
government.
SS.912.C.3.4: Analyze the structures, functions, and processes of the executive
branch as described in Article II of the Constitution. SS.912.C.3.6: Analyze the
structures, functions, and processes of the judicial branch as described in Article
III of the Constitution.
SS.912.C.3.6: Analyze the structures, functions, and processes of the judicial
branch as described in Article III of the Constitution.
SS.912.C.3.14: Examine constitutional powers (expressed, implied,
concurrent, reserved).
SS.912.C.3.15: Examine how power and responsibility are distributed,
shared, and limited by the Constitution.
OverviewIn this lesson, students will study the Constitution from three perspectives, examining its structure, content, and underlying philosophy. After skimming and making inferences about the Constitution, students will focus on the separate articles: their purpose, content, and underlying ideas. Next, they will jigsaw into new groups and brief each other on their articles. Finally, they will work individually to analyze constitutional principles and locate relevant sections within the Constitution.
ObjectivesIn the core lesson, students will:
list the purposes of the seven articles of the Constitution.
identify the powers of the legislative, executive, and judicial branches.
understand the ways the Constitution ensures
republican governmentlimited governmentseparation of powers and checks and balancesindividual rightsfederalismpopular sovereignty
appreciate the protections of the United States Constitution.
–––
–––
“The Constitution is not an instrument for the government to restrain the people, it is an instrument
for the people to restrain the government – lest it come to dominate our lives and interests.”
–Patrick Henry
What is the nature, purpose, and philosophy of the United States Constitution?
The Constitution of the United States
STANDARDSCCE: IB1, IC1, IIA1, IID2, IIIA1, IIIA2, and IIIB1NCHS: (5-12) Era 3, Standard 3ANCSS: Strands 5, 6, and 10
MATERIALSStudent Handouts
The Constitution of the United States
Handout A: Constitution Cube (run off on heavy or construction paper)
Handout B: First Impressions Handout D: A Second Study Handout E: Looking Deeper at
Philosophy Handout F: Government
Around the World (optional)
Additional Teacher Resources Handout C: Constitutional
Connection Cards
RECOMMENDED TIMEOne 45-minute period
1
I. Background/Homework [10 minutes the day before]
Distribute Handout B: Constitution Cube. Ask students to assemble it at home and bring it to class next time.
Distribute individual copies of the Constitution and Handout A: First Impressions. Tell students not to read the document, but to answer the questions based only on what they can infer from the way the Constitution looks.
II. Warm-Up [15 minutes]
Before class, copy and cut out the tickets on Handout C: Constitutional Connection Cards. Make sure there are enough tickets for all students. As students enter, give each one a card from Handout B.
Have students read their quotation and assemble into groups with other students who have the same quotation. Each group will have approximately five members.
Have students discuss their homework responses on Handout B.
III. Activity [30 minutes]
Distribute Handout D: A Second Study. Have students locate their quotation in the Constitution and then work in their groups indicated on Handout D to carefully read and explain their sections of the Constitition.
Distribute Handout E: Looking Deeper at Philosophy. Have students read and discuss the quotations that are taken from their article(s) of the Constitution and decide which constitutional principles they reflect. Allow about five minutes for discussion.
Next, have students jigsaw into new groups with one “expert” representing each section of the Constitution. Have students brief each other on the purposes and content of their articles and complete all columns of Handout D.
When Handout D is completed, have each group member in turn roll the Constitution Cube like a die. Each student should then locate a quotation from any section of the Constitution that reflects the constitutional principle that s/he “rolled.” Have students share their quotations with their group members.
Reconvene the class and ask individual students to share their quotations, making sure to discuss at least one reflecting each constitutional principle: limited government, republican government, popular sovereignty, individual rights, separation of powers/checks and balances, and federalism.
Conduct a large group discussion about the significance of Constitution Day and why it is cause for celebration.
A.
B.
A.
B.
C.
A.
B.
C.
D.
E.
F.
LESSON PLAN
2 Celebrate Constitution Day
IV. Homework
Have students choose one statement from Handout E and write a paragraph explaining how it reveals one or more of the principles of the Constitution.
Have students find a news story reflecting a constitutional principle and write one paragraph analyzing how it relates to that principle and, specifically, articles I-VII of the Constitution. Have students find their article from news headline links, updated every school day, at The Bill of Rights Institute website: <http://www.BillofRightsInstitute.org>
Have students find a newspaper editorial or letter to the editor in which the writer claims a branch of government has exceeded its power under the Constitution. Have students consult the Constitution and write one paragraph explaining whether they believe the author of the editorial/letter is correct.
A.
B.
C.
Extensions Have students choose one of the signers of the Constitution, and write a one
to two page biographical essay. Have students go to The Bill of Rights Institute website to begin their research: <http://www.BillofRightsInstitute.org>. Students may also visit <http://www.archives.gov/national_archives_experience/charters/constitution_founding_fathers.html> or <http://teachingamericanhistory.org/convention/delegates/bigpicture.html>.
Have students research the Federalist and Anti-Federalist debate about adding a Bill of Rights to the Constitution. They should create a PowerPoint presentation explaining the arguments of at least two prominent figures from both sides.
Have students conduct research on at least four other countries and compare their government’s structure to that of the United States. See Handout F: Government Around the World for a sample matrix. Constitutions from around the world can be found at <http://www.oefre.unibe.ch/law/icl/index.html>
3The Constitution of the United States
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed
one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
Section 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States
THE UNITED STATES CONSTITUTION
4 Celebrate Constitution Day © The Bill of Rights Institute
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
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.
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.
Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its
proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections
© The Bill of Rights Institute The Constitution of the United States 5
to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and
of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the
6 Celebrate Constitution Day © The Bill of Rights Institute
consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Section 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept
of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Article II
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote by ballot for two persons, of
© The Bill of Rights Institute The Constitution of the United States 7
whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
In case of the removal of the President
from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
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.”
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may
8 Celebrate Constitution Day © The Bill of Rights Institute
by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to
which the United States shall be a party;—to controversies between two or more states;—between a state and citizens of another state;— between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
Article IV
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
© The Bill of Rights Institute The Constitution of the United States 9
Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of
the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Article VI
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Article VII
The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Done in convention by the unanimous consent of the states present the seventeenth
10 Celebrate Constitution Day © The Bill of Rights Institute
day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,
G. Washington-Presidt. and deputy from Virginia
New Hampshire: John Langdon, Nicholas Gilman
Massachusetts: Nathaniel Gorham, Rufus King
Connecticut: Wm: Saml. Johnson, Roger Sherman
New York: Alexander Hamilton
New Jersey: Wil: Livingston, David Brearly, Wm. Paterson, Jona: Dayton
Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Thos. FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris
Delaware: Geo: Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco: Broom
Maryland: James McHenry, Dan of St Thos. Jenifer, Danl Carroll
Virginia: John Blair—, James Madison Jr.
North Carolina: Wm. Blount, Richd. Dobbs Spaight, Hu Williamson
South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia: William Few, Abr Baldwin
© The Bill of Rights Institute The Constitution of the United States 11
CONSTITUTION CUBE
Handout A
Republican
Governm
entLim
ited G
overnment
Separation of Pow
ers / Checks
and Balances
Federalism
Individual Rights
Popular Sovereignty
Directions: Cut out the cube and tape it together.
12 Celebrate Constitution Day © The Bill of Rights Institute
Handout B
FIRST IMPRESSIONS
Handout B
Directions: Using a copy of the Constitution, answer the following questions. Do NOT read the document—just look at it.
How many separate sections (called articles) does the Constitution have?
How many pages is the Constitution? Is it longer or shorter than you expected? How does the length compare to your school’s student handbook?
The first article is about the legislative branch, the second article is about the executive branch, and the third article deals with the judicial branch. Without reading the articles themselves, what can you infer about how the Founders viewed these three branches of government?
What can you tell about the Constitution based on the way it is organized?
How many people signed the Constitution? Is this number higher or lower than you expected? What do you notice about the makeup of the list of signers?
1.
2.
3.
4.
5.
© The Bill of Rights Institute The Constitution of the United States 13
Handout A
CONSTITUTIONAL CONNECTION CARDS
Handout C
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”
AR
TIC
LE
ON
E group B
14 Celebrate Constitution Day © The Bill of Rights Institute
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”
AR
TIC
LE
ON
E group A
“The executive Power shall be vested in a President of the United States of America.”
AR
TIC
LE
TW
O
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”
AR
TIC
LE
ON
E group C
© The Bill of Rights Institute The Constitution of the United States 15
Handout C (cont.)
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state.”
AR
TIC
LE
FO
UR
“The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”
AR
TIC
LE
TH
RE
E
“This Constitution…shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the contrary notwithstanding.”
AR
TIC
LE
SIX
“The Congress, whenever two thirds of both Houses deem it necessary, shall propose amendments to this Constitution…”
AR
TIC
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FIV
E
Art
icle
I, A
Art
icle
I, B
Art
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I, C
Art
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IIA
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IA
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IV a
nd V
Art
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s V
I and
VII
Purp
ose:
Purp
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Purp
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Purp
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Purp
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Con
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ART
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IVSe
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ART
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Con
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:
ART
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ART
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Dir
ecti
ons:
Rea
d yo
ur q
uota
tion
and
loca
te it
with
in y
our a
ssig
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sect
ions
of t
he C
onsti
tutio
n. R
ead
the
sect
ions
car
eful
ly a
nd fi
ll in
the
char
t with
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to si
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mar
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en, i
n yo
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16C
eleb
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Con
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Day
©
The
Bill
of R
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s In
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ARTICLE I, A
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The House of Representatives shall be composed of members chosen every second year by the people of the several states...
The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
ARTICLE I, B
…and for any speech and debate in either House, they (Senators and Representatives) shall not be questioned in any other place.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States...
[If the President vetoes a law, it] shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
a.
b.
c.
a.
b.
c.
ARTICLE I, C
Congress shall have the power…To regulate commerce with foreign nations, and among the several states, and with the Indian tribes…
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it….No bill of attainder or ex post facto Law shall be passed.
No title of nobility shall be granted by the United States...
ARTICLE II
The executive power shall be vested in a President of the United States of America.
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress...
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States…
a.
b.
c.
a.
b.
c.
Handout B
LOOKING DEEPER AT PHILOSOPHY
Handout E
© The Bill of Rights Institute The Constitution of the United States 17
ARTICLE VI AND VII
This Constitution…shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
…no religious test shall ever be required as a qualification to any office or public trust under the United States.
The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
a.
b.
c.
ARTICLE III
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution,…to controversies between two or more states.
The trial of all crimes, except in cases of impeachment, shall be by jury.
ARTICLE IV AND V
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
The United States shall guarantee to every state in this union a republican form of government…
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution…or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments…
a.
b.
c.
a.
b.
c.
Handout E (cont.)
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Handout B
GOVERNMENTS AROUND THE WORLD
Handout F
United States of America
What form of government exists in this country?
Does the government have a written constitution?
How long has the government structure been in place?
Does the constitution include a bill of rights?
Who wrote this constitution?
What is unusual or interesting about this constitution?
Does the constitution protect individual rights?
© The Bill of Rights Institute The Constitution of the United States 19
Handout F (cont.)
United States of America
Does the constitution limit the power of government?
Does the constitution create a republican government?
Does the constitution separate the powers of government?
Does the constitution permit one part of government to check or balance another?
Does the constitution guarantee popular sovereignty?
Does the constitution create a federal system?
20 Celebrate Constitution Day © The Bill of Rights Institute
Handout B: First ImpressionsSevenAnswers will vary according to margins and type size. Students may believe it is shorter than their student handbook.Students may suggest that because the section about the legislative branch is so much longer, the Founders saw it as the most powerful and significant branch of government. Students may suggest that the Constitution is organized in a linear and orderly way, divided into clear sections and subsections.Thirty-nine people. The signers are all men, and their names are associated with twelve states. Rhode Island is not represented.
Handout D: A Second StudyArticle I Purpose: explains the powers and responsibilities of the legislative branch.
Content: bicameral (two-house) systemeligibility, election, and basis of representation for the House of Representativeseligibility, election, and basis of representation for the Senateelections and meetings of Congresrules for Congressional proceedingscompensation, privileges, and rules for members of Congressprocedures for passing legislationpowers granted to Congresspowers denied to Congresspowers denied to the States
Article IIPurpose: explains the powers and responsibilities of the executive branch
Content:eligibility and election of president and vice presidentpowers of the president other duties of the presidentreasons for impeachment
1.2.
3.
4.
5.
1.2.
3.
4.5.6.
7.8.9.10.
1.
2.3.4.
Appendix A
ANSWER KEY
Article IIIPurpose: explains the powers and responsibilities of the judicial branch
Content:establishes Supreme Court, other courts to be established by Congresspowers of the judiciarydefinition of treason
Article IVPurpose: explains the relationship among states, and between the federal government and states
Content:states recognize the laws and contracts of other statesduties of states to statesprocedures for adding new states and territoriesfederal government responsibility to states
Article VPurpose: explains how to amend the Constitution
Content: procedures for amending the Constitution
Article VIPurpose: establishes the Constitution’s supremacy
Content: New government will honor all contracts of old government.Constitution is the supreme law of the land.no religious test for office
Article VIIPurpose: explains criteria for ratification
Content: The Constitution will be established when nine states have approved it. The delegates to the Constitutional Convention from the various states sign their names to it.
1.
2.3.
1.
2.3.
4.
1.
2.
3.
© The Bill of Rights Institute The Constitution of the United States 21
Handout E: Looking Deeper at PhilosophyArticle I, A
limited government, separation of powerspopular sovereignty, republican government, federalismrepublican government, federalism
Article I, Blimited government, individual rightsseparation of powers/checks and balances, limited governmentseparation of powers/checks and balances
Article I, Cfederalismlimited government, individual rightsrepublican government, popular sovereignty
Article IIlimited government, republican governmentrepublican government, popular sovereignty, federalismlimited government, separation of powers/checks and balances
Article IIIlimited government, republican government, separation of powers/checks and balancesfederalismseparation of powers/checks and balances, individual rights
Article IV and Vlimited government, individual rights, federalismrepublican government, federalismseparation of powers/checks and balances, popular sovereignty, federalism
Article VI and VIIlimited government, federalismlimited government, individual rightspopular sovereignty, federalism
a.b.
c.
a.b.
c.
a.b.c.
a.b.
c.
a.
b.c.
a.
b.c.
a.b.c.
22 Celebrate Constitution Day © The Bill of Rights Institute
INTERNET RESOURCES FOR TEACHING ABOUT CONSTITUTION DAY
Interactive Constitution Website Address: http://www.phschool.com/curriculum_support/interactive_constitution/ Declaration of Independence: Website Address: http://www.pearsonschool.com/live/customer_central/landingpage/doitour/media.html Symbols of America: http://www.pearsonschool.com/index.cfm?locator=PSZuZg Posters to download on this site too. Citizenship Activity Pack Website Address: http://www.phschool.com/webcodes10/index.cfm?fuseaction=home.gotoWebCode&wcprefix=mqk&wcsuffix=1900 Citizenship Activity Pack: Agents of Change Website Address: http://www.phschool.com/atschool/Civics/citizenship_activity_pack/AgentsOfChange.html Scholastic News Interactive, with sounds and pictures, questions and information about the U.S. Constitution from Scholastic News for lower elementary school students. Website Address: http://teacher.scholastic.com/activities/listen_read_15/constitution-questions-answers.asp National Constitution Center National Constitution Center official website. Website Address: http://www.constitutioncenter.org We the People... Lessons for Constitution Day and Citizenship Day all grade levels from the Center for Civic Education. Website Address: http://www.civiced.org/index.php The Bill of Rights Institute Lessons for Constitution Day Website Address: http://www.billofrightsinstitute.org/Teach/FreeResources/ Teaching with Documents: Observing Constitution Day Lessons, activities, and simulations using primary source documents from the National Archives. Website Address: http://www.archives.gov/education/lessons/constitution-day/ Games about the Constitution Multiple games and quizzes about the U.S Constitution and the U.S government. Website Address: http://www.congressforkids.net/games/billofrights/2_billofrights.htm#
The School Board of Miami-Dade County, Florida, adheres to a policy of nondiscrimination in employment and educational programs/activities and programs/activities receiving Federal financial assistance from the Department of Education, and strives affirmatively to provide equal opportunity for all as required by:
Title VI of the Civil Rights Act of 1964 - prohibits discrimination on the basis of race, color, religion, or national origin.
Title VII of the Civil Rights Act of 1964, as amended - prohibits discrimination in employment on the basis of race, color, religion, gender, or national origin.
Title IX of the Education Amendments of 1972 - prohibits discrimination on the basis of gender.
Age Discrimination in Employment Act of 1967 (ADEA), as amended - prohibits discrimination on the basis of age with respect to individuals who are at least 40.
The Equal Pay Act of 1963, as amended - prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
Section 504 of the Rehabilitation Act of 1973 - prohibits discrimination against the disabled.
Americans with Disabilities Act of 1990 (ADA) - prohibits discrimination against individuals with disabilities in employment, public service, public accommodations and telecommunications.
The Family and Medical Leave Act of 1993 (FMLA) - requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.
The Pregnancy Discrimination Act of 1978 - prohibits discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions.
Florida Educational Equity Act (FEEA) - prohibits discrimination on the basis of race, gender, national origin, marital status, or handicap against a student or employee.
Florida Civil Rights Act of 1992 - secures for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.
School Board Rules 6Gx13- 4A-1.01, 6Gx13- 4A-1.32, and 6Gx13- 5D-1.10 - prohibit harassment and/or discrimination against a student or employee on the basis of gender, race, color, religion, ethnic or national origin, political beliefs, marital status, age, sexual orientation, social and family background, linguistic preference, pregnancy, or disability.
Veterans are provided re-employment rights in accordance with P.L. 93-508 (Federal Law) and Section 295.07 (Florida Statutes), which stipulate categorical preferences for employment.
Revised 5/9/03