Purpose Process “I confess that I do not entirely approve of this Constitution at present, but Sir, I am not sure I shall never approve it: For having lived long, I have experienced many Instances of being oblig’d, by better Information or fuller Consideration, to change Opinions even on important Subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow the more apt I am to doubt my own Judgment and to pay more Respect to the Judgment of others.” And “On the whole, Sir, I cannot help expressing a Wish, that every Member of the Convention, who may still have Objections to it, would with me on this Occasion doubt a little of his own Infallibility, and to make manifest our Unanimity, put his Name to this Instrument.” In your group, discuss Ben Franklin’s speech.
After your discussion, individually write a short reflection on the purpose and need for compromise.
The Constitutional Convention ended on September 17, 1787. As the Convention was reaching its close, Ben Franklin rose with a speech in his hand. Franklin was the oldest Convention delegate and one of America’s most beloved leaders. Franklin handed his speech to his friend and fellow Pennsylvania delegate, James Wilson, who read it aloud to the Convention. Franklin himself admitted that the new Constitution was not perfect, but he asked his colleagues to approach the document with humility. Franklin praised the work of his fellow delegates and urged them to sign the new Constitution—asking anyone “who may still have Objections” to “on this Occasion doubt a little of his own Infallibility.” Later that day, 39 delegates signed the new Constitution. But even following Franklin’s powerful speech, George Mason, Elbridge Gerry, and Edmund Randolph refused. Together, these three dissenters were concerned that their fellow delegates had refused to write a Bill of Rights into the new Constitution and had crafted a powerful national government that was destined to seize political power, swallow up the states, and abuse the rights of the American people. The Convention’s closing days were a sneak peek of the looming battle over the ratification of the Constitution. Launch Activity Synthesis Activity Extension (optional)
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Purpose Process Then, look at the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit. Answer the following questions and be prepared to engage in a classroom discussion:
Launch Share the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit. Record student thoughts about the Constitution on the board. After a few minutes, recognize how many ideas, concepts, or rights are found in the Bill of Rights. Ask students if they recognize these delegates (George Mason, Elbridge Gerry, and Edmund Randolph). If not, review delegate information in the Info Brief: Meet the Dissenters document. Share with the class and emphasize that these delegates are known as the “Dissenters.” Give some information about who they were, what states they represented, and their views of the Constitution. Activity Synthesis
Activity Extension (optional) Page 3
Purpose In this activity, you will explore the separation of powers and federalism. Process After your discussion, your teacher will lead you through an activity to determine your understanding of separation of powers and checks and balances, in particular.
Launch Activity Synthesis Now that students have a better understanding of the separation of powers, ask students to identify examples of when a branch has the sole power to work alone and when a branch must work with another branch to take action. Ask the students these follow-up questions:
As part of the discussion, connect the principles of the separation of powers, checks and balances, and federalism to the broader theory of our republic: the need to both check abuses of power and create a government that creates policy that serves the common good (by slowing politics down, blocking bad ideas, curbing abuse, promoting deliberation, valuing principled compromise, etc.). Students should see not only the value of checking government abuse, but also the constructive parts of our complicated system—how it might promote good policy—and also reflect on whether they think that the founders struck the right balance. To frame this part of the discussion, ask students to reflect on the following questions:
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Purpose Process After reviewing the image, answer the following questions:
Now, review the following quotes about Congress’s lawmaking process by a leading scholar of the founding era and of the constitutional thought of James Madison and Alexander Hamilton, Federalist No. 70 “The differences of opinion, and the jarrings of parties in [Congress], though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.” Reflect on the quotes and record your answers to the following questions:
Launch Give students time to analyze the political cartoon and as a group answer the guiding questions. Then, you can pivot to the founders’ vision and the benefits of the system. Give students time to analyze the scholarly quotes about the value of a demanding political process and as a group answer the guiding questions. The Colleen Sheehan quote is from the following article: A Madisonian Constitution for All. Activity Synthesis Now, share the following big idea: What if I told you that the founders wanted to slow down the political process in Congress? Discuss the idea of deliberation and the benefits and drawbacks of a slow process for making national laws. The goal is to get the students to see (and/or debate) the benefits of a slow, demanding process. When the process works, it is designed to promote deliberation, debate, compromise, and (ideally) better laws. However, the founders hoped that this demanding process would also ease public passions, curb bad laws, guard against government abuses, protect minority rights, and avoid government by faction (or, in today’s terms, parties).
Activity Extension (optional)
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Purpose Process The executive Power shall be vested in a President of the United States of America. Think about executive power and participate in a class discussion facilitated by your teacher. Answer the following questions:
After discussing the first line of Article II with your class, brainstorm a current list of roles/jobs for the president. Record them and share with your classmates. Review the Info Brief: Presidential Roles document for a comprehensive list.
Launch Give students time to read the first line of Article II. Over the course of the week, ask students to try to match some of the key jobs of the president with what is spelled out in the Constitution. Note: The 22nd Amendment limits the president to two terms in office. This is an example of a norm established by George Washington, held over time, violated by Franklin Delano Roosevelt, and then written into the Constitution. This is a great example to share with students of how a presidential norm may be written into the Constitution. Activity Synthesis Activity Extension (optional) You can also ask students to speak to at least two adults and two peers outside of class, ask them the following questions, and write down their responses.
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Purpose Process Next, work as a group to chart the path of a case to the Supreme Court. Your group will choose a historical case from the list of choices provided. Read about the case and work with your group to build a simple road map graphic to show the progression of this case to the Supreme Court. Be creative in your design. You can draw the path, sketch it out in a Word document, or use tools such as Piktochart. Select a case from the historical case list. Compare your roadmap to the one provided on how the typical case gets to the Supreme Court today.
Launch Activity Synthesis Activity Extension (optional)
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Purpose Process Read the text of the Primary Source: First Amendment as a class and identify the five freedoms. Highlight, circle, and label the key freedoms and key information along with your classmates. Your teacher will lead you through a discussion on the First Amendment as a group. In small groups answer the following questions:
Be prepared to discuss your answer as a class.
Launch The First Amendment As a class, have the students identify the five freedoms, circle them, and label them for the whole group. Guiding Question:
Discuss examples of how someone might exercise their First Amendment rights. This does not have to be exact, and some informal examples are great, as well. Possible examples:
Activity Synthesis Guiding Questions:
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Purpose Process
Then, read the Fourth Amendment Common Interpretation Essay by Barry Friedman and Orin Kerr. Fourth Amendment: Search and Seizure
Finally, paraphrase the key terms in the Activity Guide: Key Terms - Fourth Amendment worksheet in your own words or give examples from the essay. Hint: If you have any trouble, check out the video again for extra information on each term and note the timestamp for future help.
Launch
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Purpose In this activity, you will compare and contrast the founding story of America’s fight for liberty with the founding story of existence of slavery. You will first examine an image and speech of Patrick Henry, embodying young America’s push for independence. Then compare that image and speech with a letter written by the same author on the issue of enslavement. Reflect on the relationship between America’s fight for independence and the desire of some of those same Founders to preserve the institution of slavery. Finally, read a passage from Harriet Tubman and reflect on her fight to end slavery. Process View the image and quotes below, or review the Visual Info Brief: Patrick Henry and Slavery slides. Discuss as a large group the contradiction between young America’s fight for freedom with the existence of chattel slavery during the same period.
“Give Me Liberty, or Give Me Death!” “Gentlemen may cry, Peace, Peace – but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” Patrick Henry, Letter to Robert Pleasants, January 18, 1773 “Is it not amazing that at a time when the rights of humanity are defined and understood with precision, in a country, above all others, fond of liberty . . . that in such an age and such a country we find men professing a religion the most humane, mild, meek, gentle and generous, adopting a principle as repugnant to humanity as it is inconsistent with the Bible and destructive to liberty? I shall honor the Quakers for their noble efforts to abolish Slavery. It is equally calculated to promote moral and political good. Would any one believe that I am master of slaves by my own purchase? I am drawn along by the general inconvenience of living without them. I will not—I cannot justify it, however culpable my conduct. I will so far pay my devoir to Virtue, as to own the excellence and rectitude of her precepts, and to lament my want of conformity to them. I believe a time will come when an opportunity will be afforded to abolish this lamentable evil.”
Launch A range of voices—both pro-slavery and anti-slavery—turned to the Constitution’s language and constructed arguments to favor their side of the great constitutional battles over slavery in the 1800s. We’ll cover many of those constitutional debates in detail in this module. Activity Synthesis
The quote below is from a biography of Harriet Tubman. Echoing Patrick Henry, Tubman writes about her work on the Underground Railroad and the fight for liberty: “Harriet was now left alone, . . . She turned her face toward the north, and fixing her eyes on the guiding star, and committing her way unto the Lord, she started again upon her long, lonely journey. She believed that there were one or two things she had a right to, liberty or death.” After making her own escape, Tubman returned to the South 19 times to bring over 300 fugitives to safety, including her own aged parents. Activity Extension (optional) What is the role of America’s founding creed (perhaps, most notably, as written into the Declaration of Independence) in pushes for reform? How has our nation’s founding creed served as both a tool to expose our contradictions and a north star guiding us to do better? Page 10
The 19th Amendment bans discrimination at the ballot box based on sex. The battle for women’s suffrage was a long one, involving generations of brave reformers pushing for change at national, state, and local level. To begin, read Info Brief: The Women’s Suffrage Movement. Then, your teacher will break your class into groups. Each group should build a women’s suffrage timeline, using the info brief and the National Constitution Center’s Drafting Table tool. From there, use the Interactive Primary Source Tool: Historic Debates for and Against Suffrage to create a chart of the main arguments for and against women’s suffrage. Finally, your group will share what you learned and reflect on the battle for women’s suffrage over time and what that story can teach us about the process of constitutional reform within the American constitutional system. We will return to this big question about constitutional reform in Module 15.
The 19th Amendment bans discrimination at the ballot box based on sex. The battle for women’s suffrage was a long one, involving generations of brave reformers pushing for change at national, state, and local level. To begin, have the students read Info Brief: The Women’s Suffrage Movement. Then, break the class into groups. Each group should build a women’s suffrage timeline, using the Info Brief and the National Constitution Center’s Drafting Table tool. From there, each group will use the interactive Debates webpage for and against suffrage to create a chart of the main arguments for and against women’s suffrage. Finally, as a class, each group will share what they learned and reflect on the battle for women’s suffrage over time and what that story can teach us about the process of constitutional reform within the American constitutional system. We will return to this big question about constitutional reform in Module 15. Page 11
Purpose Process Next, complete the Activity Guide: Introduction to the 14th Amendment worksheet. Split up into groups, review your assigned a key clause of the 14th Amendment, and share with the larger group. As background support, review the Info Brief: Reconstruction and America’s “Second Founding.” Finally, present your group’s assigned clause to the class. If this is not your section, take notes and complete your worksheet. Your class will then discuss the big ideas contained in the 14th Amendment and how the amendment remains relevant today. Explore the following key questions:
At the end of this module, you will build your own virtual exhibit, so begin to take notes on the stories, images, primary sources, and Supreme Court cases that you may want to include in your exhibit. Think about what stories you will tell.
Launch As background, watch Eric Foner on the Origins and Meaning of the 14th Amendment and review Activity Guide: Introduction to the 14th Amendment. Read the Amendment over as a class and then have students complete the worksheet in groups. Assign each group a key clause of the 14th Amendment. Have them read the Common Interpretation essay in the Interactive Constitution, use the Drafting Table tool to explore the debates over their clause and its framing history, and complete a chart on their assigned clause. Activity Synthesis
Then as a class, have students summarize the significance of the 14th Amendment as a whole and its big ideas. What did it add to the Constitution? Page 12
Launch Then have students read the Info Brief: Periods of Constitutional Change and the 27 Amendments. Activity Synthesis Activity Extension (optional)
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