4th Period Humanity Class

Amendments | Explanations | Case Studies | Final Project |Congress Proposes First Twelve Amendments| Amendment Timeline |

In everyday's lesson, always start the class with Do Now that has the following components-

The Bill of Rights

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

prohibit: to forbid by authority : enjoin2 a: to prevent from doing something b: preclude

abridge:

petition:

redress:

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Final Project

 Online Resources

American Civil Liberties Union [web site]

¨     Source: American Civil Liberties Union

URL: http://www.aclu.org/

portrayal

Archiving early American [website] 

¨     Source: Archiving Early America.

URL:  http://earlyamerica.com/

Ben’s guide to U.S. government for kids [web site]:  branches of government/

¨     Source:  United States. Government Printing Office.

URL:  http://bensguide.gpo.gov/3-5/government/branches.html

FindLaw [web site]:  constitutional law/

¨     Source: FindLaw

URL:: http://www.findlaw.com/01topics/06constitutional

            Related site http://supreme.lp.findlaw.com/documents/fathers/

The National Archives experience [web site]:  the character of freedom Rights/

¨     Source:  National Archives and Records Administration.

URL:  http://wwwlarchives.gov/national-archives-experience/charters/bill_of_rights.html

Thomas legislative information on the Internet [web site]:  the Bill of Rights

¨     Source:  Madison James

URL:  http://www/archives.gov/national_archives_experience/bill_of_

The United States Constitution Online [web site]/

¨     Source:  Mount, Stephen J.J.

URL:  http://www.unconstitution.net/

FindLaw Constitutional Law Center

http://supreme.lp.findlaw.com/consitution

 Case Studies

Responsibilities of Citizenship The responsibilities of citizenship include both private and public responsibilities. The citizen’s primary responsibilities are to take care of oneself and family, and to show consideration for the rights of others. These responsibilities are facilitated through the practice of private civic values—including, courage, initiative, industry, justice, integrity, moderation, perseverance, respect, and others—that help ensure the happiness of society as a whole. The Founders believed that the government created by the Constitution was unfit for anything but a virtuous people. John Adams said, “Public virtue cannot exist in a nation without private, and public virtue is the only foundation of republics.” Richard Henry Lee said, “A popular government cannot flourish without virtue in the people.” Citizens also have public responsibilities. Involvement with local churches, charities, public libraries, interest groups, and other institutions provide opportunities for individuals to act responsibly in their communities. In a republic based on popular sovereignty, citizens also have the responsibility to stay informed about and engaged with their government. They are responsible for knowing how their government operates and what their government is doing. An understanding of constitutional principles including individual rights, federalism, and limited government are fundamental to American citizenship. Reading the newspaper, watching C-SPAN, or television news are ways to stay informed about local, state, and national politics. Citizens also have the responsibility to know the law, pay taxes, and understand the principle of majority rule versus minority rights. Voting, which Samuel Adams called “one of the most solemn trusts in human society,” is one important way to be actively involved in the political process. Citizens should also be aware of the many avenues they have for individual efficacy, including circulating and signing petitions, volunteering, speaking and writing for or against the passage of laws, working on political campaigns, serving in the miliary, or serving in government. HW: Give 5 examples of responsibilities a citizen should have and explain why. Marbury v. Madison (1803) This case was the first time that the Supreme Court declared an act of Congress (a section of the Judiciary Act of 1789) to be unconstitutional. This is an exercise of the power of judicial review—the power of the federal courts to interpret laws in light of the Constitution. Chief Justice John Marshall explained, “[T]he Constitution of the United States confirms and strengthens the principle… that a law repugnant to the Constitution is void.” The Supreme Court, further, was the proper authority to decide if a law is in conflict with the Constitution. He called this responsibility “the very essence of judicial duty.” The case was the first exercise of judicial review, a power the Founders envisioned for the judicial branch. The Founders, including Alexander Hamilton, considered the courts to be the weakest branch of government. One of their powers, however, was to identify and invalidate unconstitutional laws. In The Federalist Papers, Hamilton discussed “the rights of the courts to pronounce legislative acts void, because contrary to the Constitution.” He explained in Federalist No. 78, “No legislative act, therefore, contrary to the Constitution, can be valid…” The case touched on constitutional principles including separation of powers,checks and balances, and limited government, and civic values including integrity, responsibility and justice. James Madison (1751-1836) Madison was born in Virginia to a wealthy family. After graduating from Princeton, he served in the Virginia legislature. He worked closely with Thomas Jefferson and helped draft and win support for the Virginia Statue for Religious Freedom. In 1780 he joined the Continental Congress and became concerned that the Articles of Confederation were inadequate. In 1787, he was a leader at the Constitutional Convention. The author of the Virginia Plan, he suggested a system of checks and balances. He also worked to balance the reserved and concurrent powers of the states and federal government. He also took detailed notes through the convention. Because of his efforts, Madison is known as the “Father of the Constitution.” When the Constitution was sent to the states, Madison teamed with Alexander Hamilton and John Jay to write the Federalist Papers in support of ratification. He led the debate to approve the Constitution in Virginia, taking on Anti-Federalist leader Patrick Henry. He was elected to the US House of Representatives in 1789, where he became George Washington's chief supporter. When it became clear that the Constitution would not pass without the promise of a listing of rights, he proposed seventeen amendments, twelve of which were sent to the states for approval. Of those twelve, the states approved ten which became known as the Bill of Rights. Madison eventually split from Washington politically as Washington aligned himself with Alexander Hamilton and his plan for a Bank of the United States. Madison moved away from the Federalists and closer to Jefferson’s Democratic-Republican Party. After leaving Congress in 1797, Madison and Jefferson wrote the Virginia and Kentucky Resolutions in response to the Alien and Sedition Acts. Madison became Jefferson’s Secretary of State and later succeeded him as President in 1809. As President, he allowed the nation to enter the War of 1812—called “Mr. Madison’s War” by many at the time—a decision that many historians count as a historic failure. However, the war won respect for the new republic overseas and Madison emerged from the war with great popular support. Preamble (1787) The Preamble is the introduction to the Constitution and explains the general purposes of government. Written by Gouverneur Morris, the Preamble 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.” Some, including Patrick Henry, objected to the Preamble’s wording and its claim that the people, rather than the respective states, were the agents of the compact.   Constitution of the United States (1787) The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, in order to replace the Articles of Confederation with a new form of government. It created a federal system with a national government composed of three separated powers, and included both reserved and concurrent powers of states. The president of the Constitutional Convention, the body that framed the new government, was George Washington James Madison is known as the “Father of the Constitution” because of his great contributions to the formation of the new government. Gouverneur Morris wrote the Constitution’s final language. The Constitution was a compact – though Federalists and Anti-Federalists disagreed over whether the states or the people were the agents of the compact.   Principles of the Constitution include checks and balances, individual rights, liberty, limited government, natural rights theory, republican government, ,and popular sovereignty.   New Hampshire became the ninth state to ratify the Constitution on June 21, 1788, ensuring it would become the law of the land. However, calls for amendments came from many states, and in 1791 ten amendments—the Bill of Rights were added. Over the course of the next two centuries, 17 more amendments have been ratified to the Constitution. Antecedent documents to the Constitution include the political writings about natural rights theory and forms of government by John Locke, Thomas Hobbes and Montesquieu, and English charters of liberty including the Magna Carta and the English Bill of Rights James Madison saw one important difference between those documents and the Constitution, however: “In Europe, charters of liberty have been granted by power. America has set the example . . . of charters of power granted by liberty.” Current Events Citizen Bee questions in the Current Events category will be based on a number of sources. There are no Study Guide entries for this category. To do well in the Current Events portions of the Bee, be sure to study the following: Bill of Rights in the News Activities Names and offices of Cabinet members Candidates and issues of the 2008 general election National news stories related to: The Constitution and all amendments; constitutional principles including separation of powers, federalism, republican government, limited government, popular sovereignty. Atlantic Yards and the Fifth Amendment - October 15, 2007 This month’s Bill of Rights in the News looks at the Fifth Amendment and a property case in Brooklyn, New York. Atlantic Yards is the name of a planned development for 22 acres near downtown Brooklyn. The development will include 8 million square feet of apartments, offices, stores and an arena for the New Jersey Nets. A group of leaseholders and business owners in the area has sued, claiming that the government’s taking of this property (known as the power of eminent domain) is unconstitutional, as the development is not for public use, but rather benefits an individual private developer. Click here to read the full lesson. Bill of Rights Supreme Court Preview - October 1, 2007 The Supreme Court begins its term today, October 1, 2007. We have selected four of the cases the Court will hear this year to explore in this eLesson. Click here to read the full lesson. Sections of Patriot Act Unconstitutional - September 17, 2007 In 2005, a federal judge declared some sections of the USA-PATRIOT Act unconstitutional. Congress revised the law to take the ruling into account, but last week that same judge ruled that the amended law still did not pass constitutional muster. The provisions held to be unconstitutional concern “national security letters” which allow the government to conduct secret, warrant-less searches. Learn more in this week’s Bill of Rights in the News eLesson. Click here to read the full lesson. First Amendment and the TX Pledge - September 4, 2007 We begin the school year by focusing on a practice that begins the school day in classrooms across the country: the Pledge of Allegiance. Texas lawmakers recently voted to add “one State under God” to the state pledge, which students recite each morning after the federal Pledge of Allegiance. The addition of the four words was immediately challenged in Federal Court. Last week, the Federal Court refused to block the law. Explore the First Amendment issues involved in this case with this week’s Bill of Rights in the News. Click here to read the full lesson.   All lessons and information on this page are from http://www.citizenbee.org/ © Bill of Rights Institute 2006 • 200 North Glebe Road, Suite 200 • Arlington, VA 22203 • Phone: 703.894.1776 • Fax: 703.894.1791 • Email:info@BillofRightsInstitute.org

Explanations

The First Amendment

The first Amendment is perhaps the most important part of the Bill of Rights. It protects five of the most basic liberties. They are freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government to right wrongs. These were the guarantees that the Antifederalists missed most in the new Constitution.

Freedom of Religion. Freedom of religion means that the government may not force you to accept on set of religious beliefs nor may it interfere with the way you worship.

One of the most heated debated of our time involves the issue of prayer and schools. Do students have the right to pray in class? Or would a prayer interfere with another student’s rights ‘not’ to pray? A number of cases have been brought before the Supreme Court to settle this matter. The Supreme Court has held that prayers or even a moment of silence would violate the principles of the First Amendment.

Freedom of Speech-This freedom entitles American citizens to say what they think, provided they do not intentionally hurt someone else’s reputation by making false accusations. Neither may they make irresponsible statements deliberately harmful to others, such as yelling, “Fire!” in a crowded theater when there is no fire. There are many issues about which Americans disagree, from child-rearing practices to baseball teams to Presidential candidates. Freedom of speech enables people to state their opinions openly to try to convince other to change their minds. The First Amendment also gives you the right to disagree with what others say without fear of punishment by the government authorities. However, if you make an outrageous statement, such as, “The earth is flat,” free speech will not keep people from making fun of you. If you express an unpopular opinion-for example, that students do not get enough homework- don’t be surprised if your classmates avoid you. The First Amendment does not prevent social or peer pressure to conform to what others think.

Freedom of the Press- This freedom makes it possible for Americans to keep informed about what is going on in government. It helps them to be responsible citizens. Reporters and editors can criticize the government without the risk of punishment, provided they do not deliberately tell lies. Newspapers, magazines, and books, as well as television and movie scripts, do not have to be submitted for government inspection before they are published. This censorship would violate the First Amendment.

Freedom of Assembly. This freedom makes it possible for Americans to join clubs or political parties, even if those groups represent unpopular views. Because of the First Amendment, people can join groups to promote animal rights, the nuclear freeze, or conservation. They can join groups to protest government intervention in Haiti, imported clothes and shoes, toxic wastes, or aid to Serbia or Bosnia. By sharing common interests, Americans can learn to work together. There are groups devoted to the interests of young people. Scout troops and 4-H clubs are but two examples.

Freedom to Petition. This important freedom allows people to tell the government what they think is needed. They can try to prevent the government from acting in a certain way. They can complain to the government without fear of penalty when things aren’t going the way they should. For example, if people dump garbage near your school, you and your parents can petition the government to clean it up. Freedom to petition helps the government to clean it up. Freedom to petition can also let the government know how well it is doing its job.

The Right to Bear Arms

The Second Amendments guarantees individual states the right to maintain “a well regulated militia,” and citizens the right to “keep and bear arms.” Because criminals often used unlicensed weapons to hurt others, some people have urged the national government to control the sale of guns. Other people have argued that gun control is a violation of the Second Amendment.

Housing Troops

The Third Amendment pledges that in peacetime, citizens will never have to keep soldiers in their homes without consenting. Before the Revolution, the British forced Americans to provide lodging and food for their troops. The colonists bitterly resented this intrusion on their privacy as well as the coast of feeding hungry soldiers.

Searchers and seizures

The Fourth through Eighth Amendments concern the rights of the people suspected of crime. The Fourth Amendment protects citizens from improper searches of their bodies, possessions, or homes. It requires that a detailed warrant issued by a judge listing what can be searched. There has to be a good reason for the search. For example, supposed the police knew someone in your school was selling drugs. The Constitution does not let them search the home of every student. In fact, they could not search the homes of even on or two without a court order.

Rights of the Accused

The Fifth Amendment protect the rights of anyone accused of a crime. It assumes that everyone is innocent until proven guilty. In some countries, Suspects must prove that they are innocent. When a person is accused of a crime for which the punishment could be death, the Fifth Amendment requires that a ‘grand jury’ look at the charges before that person can be brought trial. A grand jury is a group of citizens who decide if there is enough evidence to try a person. It is intended to prevent people from being falsely accused of a serious crime. Today, grand juries consider most serious criminal charges. The Fifth Amendment also states that the person cannot be tried twice for the same crime.

The section of the Fifth Amendment that has received the most publicity is the guarantee against ‘self incrimination.’ This mean people cannot be forced to testify against themselves. Under the Fifth Amendment, law enforcement officials must produce the evidence necessary to convict a person of a crime. The accused person cannot be made to provide it. In earlier times, people were tortured until they confessed to crimes they may not even have committed. The guarantee against self-incrimination makes sure that unfair pressure cannot be used to make a person confess. In the 1950s, this section of the Fifth Amendment sparked a public uproar. Notorious criminals accused of having ties with the underworld claimed the Fifth Amendment protects them from having to testify. If they had denied the accusations, they probably would have been found guilty of ‘perjury,’ or lying under oath. Perjury is punishable by law. If they had told the truth, they would have risked punishment. Instead, they refused to testify on the grounds that they might incriminate themselves. Law enforcement officials had to come up with evidence against them or free them.

The right to remain silent also protects innocent people. During the 1950’s, the government became concerned about Communists. Politicians held hearings in which people were asked which organization they had joined and who their friends were. If they answered that they has been involved in certain groups or friendships, they were accused of being Communists. At times, the accusation became wild and unfounded. Many people took refuge in the Fifth Amendment protection against self-incrimination. Some, perhaps, were Communists who might have wished to see the government overthrown. Others, however, were innocent citizens who had been caught up in a hysterical movement. The Constitution protected them against ruthless accusations.

Fair and Speedy Trials

The Sixth Amendment provides more requirements for a fair trial in criminal cases. It guarantees a speed, public trial by an impartial jury in the area where the crime was committed. The defendant must be able to question the accusers and to force favorable witnesses to testify. The accused has a right to a lawyer.

How would you feel if you were falsely accused of cheating on a test? Suppose you had no idea who was accusing you. How could you defend yourself? Your reputation could be hurt if you had to wait a long time before the matter was cleared up. Wouldn’t you want a chance to prove your innocence? This is why the Sixth Amendment is also important.

Jury Trials

The Seventh Amendment guarantees that Americans will receive a jury trial in civil (as opposed to criminal) cases involving property worth more than $20. Today, however, people do not bring such cases to federal courts unless a much larger sum of money is involved.

Bails, Fines, and Punishments

The Eighth Amendment protects people from having to pay unreasonably high “bail’ in order to be released from prison before they go to trial. Bail is money given to pledge that a person accused of a crime will appear for trial. The Eighth Amendment also protects people from unreasonably high fines. Finally, it outlaws cruel and unusual punishment. This requirement, as well as the Fifth Amendment’s guarantee against self-incrimination, protects citizens from use of torture. Some people have argued that the death penalty is a form of cruel and unusual punishment.

Reserved Power

The last two amendments address the liberties of citizens and the rights of states. The Ninth Amendment states that the Constitution and the Bill of Rights do not define all the fundamental rights people have. Such rights whether or not they are defined. The Tenth Amendment makes a similar claim concerning the rights of the states. It holds that the states and the people have powers that are set aside and not listed item by item. These powers are called ‘reserved power.’ They can be contrasted with ‘express powers,’ which are specifically defined in the Constitution.

In this way the Constitution allows for growth and change. With the invention of radio, movies, television, automobiles, jet planes, computers, and satellites, what rights might the states and the people now claim? How else can the Constitution be kept up to date?