warm-up: the flow map create a flow map starting in england up to the ratification of the...
TRANSCRIPT
Warm-up: The Flow Map
• Create a flow map starting in England up to the ratification of the Constitution. Do your best!
The Constitution and Bill of Rights
© Constitutional Rights Foundation, Los Angeles, 2002All rights reserved.
Imagine that America was suddenly a kingdom...
With one supreme ruler...
The King of America has the power to make new laws that all the citizens have to follow.
If the military needs to occupy a community, Americans will open their
homes to them and provide soldiers with food and shelter.
The King of America is the ruler of all of the United States.
He does not need to ask Americans for permission to collect or raise taxes.
Police officers and soldiers have the right to enter and search homes and businesses when
they feel it is necessary.
They have the right to take any goods that Americans have not paid taxes on.
The King has ordered the media to cease publishing or broadcasting anything negative about the King or the King’s government.
Americans who break these or any other of the Kingdom’s laws will be tried in the King’s court by a judge appointed by the King. There will be no jury.
How do you like your new country?
How do you think other Americans
would react to this king and government?
Early American colonists experienced situations similar to these.
They were tired of being ruled by the British kingdom. Battles broke out.
The colonists declared independence.The war was on.
The Revolutionary War.
While the colonists were fighting the war, they were also trying to set up a new government.
They realized they had a problem.
How do we form a government that will not turn out like the British rule?
What should our government be like?
Certainly not like a kingdom!
Forming a democratic government had never been done before, so the Colonial leaders took a first stab at it.
They wrote a plan for the government and called it the Articles of Confederation.
The Articles of Confederation gave the states a lot of power and the central government very little.
The founders wanted to make sure that no person or government had power like the British king. But the plan didn’t work.
Some of the problems were…
The central government didn’t have enough power to get things done like...
Pay the soldiers who had fought
in the war.
Every state printed its own money. It was hard to travel and buy things.
The states had so much power that things got confusing.
The United States were not so united. Leaders began to worry that if we had another war, we would just fall apart.
It turned out that we needed a stronger central government.
The leaders from the states gathered at Independence Hall in Philadelphia to work
on a new plan for the government.
The question before them…
Just how much power should the central government have?
At the Constitutional Convention, the founders came up with several things:
They wanted to ensure a balance of power.
Some powers should go to the central government. Some powers should go to the states.
They called this Federalism.
Judicial
Legisl
ative
Executive
To make sure that the central government could not be run by one individual or group,
they separated the powers of the central government among three branches.
Each branch would have its own, but equal, powers.
Having three branches of government provided a way for “checks and balances.”
The Constitution
• Main Principals:– Federalism– Separation of Powers– Check’s & Balances
Activity: Create a Flow Map for the ‘First Government of the U.S.’
• Start in England and end with the ratification of the Constitution. Do it right!
• Include details from the PowerPoint, such as specific rights that were violated in England and the 3 principals that go with the Constitution (use small boxes below to do this).
Life in England
Immigrated to the New
World
Declaration of
Independence
Revolutionary War
Articles of Confederation
The U.S. Constitution
HW: Read ‘The Federalist Papers’ and answer questions (1-7)
Quick Warm-Up(3 minutes!)
• Get out your flow map (assignment #5) and explain your flow map in paragraph form.
• Include the main purpose of the Constitution and the reason for Constitution’s three main principals
The founders had one more
important question to deal with: What about our
individual rights? Should we put a list of
our rights in the Constitution?
No, because this might mean that these were
the ONLY rights we had. We couldn’t possibly list
ALL the rights free citizens should have!
Yes, because this would ensure that no laws now
or in the future could infringe on our basic
individual rights.
Some people argued against adding a bill of rights.
Others advocated adding a bill of rights.
Even after the Constitution was ratified, some states insisted that a
bill of rights be added.
After the Convention ended, arguments continued about whether to add a bill of rights to the Constitution.
James Madison, a Congressman from Virginia, persuaded the first Congress to get moving on a bill of rights.
This was interesting because Madison,along with Alexander Hamiltonand John Jay,
had opposed adding a bill of rights.
NO. Not necessary.
I think not. Nope.
In fact, they felt so strongly about it that they published over 80 essays in newspapers to try to convince people that the Constitution should be ratified as is.The collection of essays is known as the Federalist Papers.
Federalists v. Anti-federalistsFederalists v. Anti-federalists
Warm-up # 2:
Draw a double-bubble map to compare the Federalists to the Anti-federalists. Make sure to identify the main points of each
group.
Campaign Rally!Campaign Rally!The Federalists v. The Anti-FederalistsThe Federalists v. The Anti-Federalists
Your group will represent either the Federalists (aka diehard supporters of the U.S. Constitution), or the Anti-Federalists (those who have tunnel-vision support for states’ rights and a bill of rights). Each group will be responsible presenting the following at the rally:
1) Your personal statement2) Your visual3) A tough Barbara Walters-style question to the other
groups
Federalists v. Anti-Federalists: ActivityFederalists v. Anti-Federalists: Activity (15 minutes only!!)(15 minutes only!!)
Personal Statement The Visual Reporters
--Briefly summarize the philosophy behind your theory.--Be prepared to answer questions regarding your beliefs.--State your case as to why you think the Constitution of the United States should be based on your theory.
Create a campaign poster that supports your character’s “Candidacy” for the best idea for the Constitution; Include:
--Name--1-2 main points about your theory--a “slogan” --Exciting visuals
--Prepare 1 challenging question for the other groups--Make it a tough question: Barbara Walters is renowned for making her interviewees cry --Use the Power Words (see my bulletin board)
Other Important Theorists that Other Important Theorists that influenced the Federalists & the influenced the Federalists & the
Anti-FederalistsAnti-Federalists
• John Locke
• Thomas Hobbes
• Jean-Jacques Rosseau
• Baron de Montesquieu
• Karl Marx
Important Theorists that influenced the Important Theorists that influenced the Federalists & the Anti-FederalistsFederalists & the Anti-Federalists
Locke • “Life, Liberty & Property”• Democracy• Believed in the reason & equality
of man • Rejected “Divine Right” and
absolute monarchy• Govt. should be formed by the
consent of the people and exist to protect rights of the people
• Believed in 3 branches of government
• The govt. should not abuse the peoples right; it should protect their rights
Hobbes • Believed in absolute monarchy• Said people are naturally selfish,
wicked and cannot be trusted to govern
• Believed people needed to give their rights up to a monarch to tell them what to do
• Absolute rulers power did not come from God but from consent of the people
• Wrote the Leviathan (‘Sea Monster’)
Important Theorists that influenced the Important Theorists that influenced the Federalists & the Anti-FederalistsFederalists & the Anti-Federalists
Rosseau • Social Contract Theory• Believed people were naturally
good and independent and that a society with no government or laws would succeed
• Preferred small states to large govt. – govt. by the people
• Direct Democracy
Montesquieu• Opposed absolute monarchy• Believed states should be small so
people could have an equal voice in their govt.
• Believed in 3 separate but equal branches (Separation of Powers) and checks & Balances
Karl Marx• German philosopher who
essentially invented Communism• The idea was that there would be
no private property• The government would own
everything and all people would be equal
Lastly…Lastly…
1) Do you agree with the Federalists or The Anti-Federalists and why?
**
2) Of the theorists that influenced the Federalists & the Anti-Federalists, which one do you agree with most and why?
BILL OF RIGHTS• 1st 10
Amendments to the Constitution
• Outlines our personal, individual rights and liberties
© Constitutional Rights Foundation, Los Angeles, 2002. All rights
reserved.
Designed by Marshall CroddyWritten by Keri Doggett & Bill Hayes
Graphic Design by Keri DoggettProduction by Andrew
Costly
A Visitor From Outer Space
A Visitor From Outer Space is adapted from Responsibilities and Rights in Schools, 1978, by Donald P. Vetter and Linda Ford of the Carroll County
Public Schools, Westminster Maryland. Used with permission.
Madison had a change of heart, though. He did some serious thinking about the whole thing and talked to his friends about it, especially Thomas Jefferson.
Madison became convinced that a bill of rights should be added, since many of the states were counting on it.
He went before the first Congress and presented his ideas. Congress was busy with other important matters, but...
Madison urged members of Congress to make adding a bill of rights a priority. They finally
agreed.
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Madison got to work on the Bill of Rights.
He used ideas from states that already had their own bills of rights.
He thought about what we could learn from history
and philosophy.
And he continued to talk to his friends.
On December 15, 1791, ten amendments were added to
the Constitution.
The Bill of Rights, along with the Constitution, became the
law of the land.The ten amendments in the Bill of Rights guarantee basic
liberties.
Freedom of Expression1st Amendment
Religion Separation of church and state Free exercise of religious beliefs
Speech
Press
Assembly &
Petition
2nd AmendmentKeep and bear arms.
“Well regulated militia”
3rd AmendmentQuartering of Soldiers
4th AmendmentSearch and Seizure
5th AmendmentIndictment by Grand Jury. No double jeopardy.
Due process of law. Just compensation.
Don’t have to testify against yourself.
6th AmendmentSpeedy, public trial. Impartial jury.
Informed of accusation. Witnesses:Right to an attorney. Confront those against you.
Have your own.
7th AmendmentJury trial for civil case.
(at least $20)
8th AmendmentNo excessive bail, fines.
No cruel or unusual punishment.
9th AmendmentThese rights are not the only rights we have.
10th AmendmentPowers not delegated by the Constitution are reserved for the states and the people.
The founders included in the Constitution a rule stating that it could be amended, or
changed.
Over time, people and attitudes have changed, and new amendments have been added to protect the rights of all citizens.
We the People
Outlaws slavery.
19th Amendment (1920)
Women’s right to vote.
13th Amendment (1865)
14th Amendment (1868)All people born or naturalized in the U.S. are citizens.
All citizens must be treated equally under the law.
Due process of law for all.
15th Amendment (1870)
Right to vote cannot be denied based on “race, color, or previous …servitude.”
Sometimes called the “Civil War
Amendments.”
And later...
Categorizing the Amendments:
• 1-10: Bill of Rights
• 1st: Lists our personal freedoms (5)
• 4-8: Rights of the accused
• 13-15; 19: Civil Rights
The End
Since the ten amendments in the Bill of Rights were
adopted in 1791, the Constitution has been
amended only 17 more times.
Wrap-Up
• Identify which right you feel is the most important and explain why.
• Identify which right you feel is the least important and explain why.
© Constitutional Rights Foundation, Los Angeles, 2002. All rights
reserved.
Designed by Marshall CroddyWritten by Keri Doggett & Bill Hayes
Graphic Design by Keri DoggettProduction by Andrew
Costly
The Constitution and Bill of Rights
Special thanks to John Kronstadt, CRF Board of Directors, for inspiration and
input.