Foundations of the U.S. Constitution Copyright © Texas Education Agency, All rights reserved.

2 Copyright and Terms of Service Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked ™ as the property of the Texas Education Agency and may not be reproduced without the express written permission of the Texas Education Agency, except under the following conditions: 1)Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from the Texas Education Agency; 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only without obtaining written permission of the Texas Education Agency; 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way; 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from the Texas Education Agency and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty fee.

Declaration of Independence Second Continental Congress Meeting –Delegates from 13 original American colonies –Meeting in Philadelphia –Thomas Jefferson from Virginia 3 Copyright © Texas Education Agency, All rights reserved.

1781 Articles of Confederation Government to be conducted by a one- house legislature Strict term limits - no person could serve more than three years in a 6-year period 4Copyright © Texas Education Agency, All rights reserved.

1781 Articles of Confederation Only legislature can: –Declare war –Make peace –Enter into treaties and alliances –Manage relations with Indian nations –Coin money –Settle differences between states –Establish a postal system –Appoint a Commander in Chief 5Copyright © Texas Education Agency, All rights reserved.

1781 Articles of Confederation Common treasury funds to pay for defense or general welfare Paupers, vagabonds, fugitives from justice, and slaves were not entitled to the privileges and immunities of free citizens of the state Major legislation would require a two-thirds vote for passage Amendments to the Articles would require a unanimous vote of the states 6Copyright © Texas Education Agency, All rights reserved.

U.S. Constitution Convention in Philadelphia in 1787 March 4, government of the U.S. began operation under the new Constitution 7 Copyright © Texas Education Agency, All rights reserved.

Bill of Rights Protect human rights proclaimed in the Declaration of Independence –Amendment #1: freedom of speech and freedom of religion –Amendment #2: well regulated Militia to ensure security of a free State –Amendment #3: no soldier shall, in time of peace be quartered in any house without the consent of the owner 8Copyright © Texas Education Agency, All rights reserved.

Bill of Rights Amendment #4: right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures Amendment #5: Due process of the law, no double jeopardy, innocent until proven guilty by a court of law. 9 Copyright © Texas Education Agency, All rights reserved.

Bill of Rights Amendment #6: in 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 Amendment #7: Suits of common law involving more than $20 have the right of trial by jury 10 Copyright © Texas Education Agency, All rights reserved.

Bill of Rights Amendment #8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Amendment #9: Enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people Amendment #10: powers not delegated to the U.S. by the Constitution are reserved to the State respectively or the people 11Copyright © Texas Education Agency, All rights reserved.

Civil Rights Guaranteed by the U.S. Constitution Due process of law - constitutional requirement for fundamental fairness in our legal and court system 12Copyright © Texas Education Agency, All rights reserved.

Due Process of the Law The right to be secure against unreasonable searches and seizures (Fourth Amendment) The right not to be a witness against yourself (Fifth Amendment) In criminal prosecutions, the right for the accused to a speedy and public trial by an impartial jury of the state and district where the crime was committed 13Copyright © Texas Education Agency, All rights reserved.

Due Process of the Law Trial by jury in civil suits where the value in controversy exceeds $20 (Seventh Amendment) Excessive bail will not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted 14 Copyright © Texas Education Agency, All rights reserved.

Abolition of Slavery Thirteenth Amendment –Ended slavery in the United States 15Copyright © Texas Education Agency, All rights reserved.

Right to Vote Fifteenth Amendment denied women the right to vote Nineteenth Amendment gave women the right to vote 16Copyright © Texas Education Agency, All rights reserved.

Right to Vote Denial by Age –21 was the original voting age –Protests during the Vietnam War –1971-Twenty-Sixth Amendment changed the voting age to 18 Vietnam Memorial Wall, Washington, D.C. 17Copyright © Texas Education Agency, All rights reserved.

Peripheral Rights Not mentioned explicitly in the U.S. Constitution or Bill of Rights. Courts have recognized them as necessary. Example: Right of privacy 18Copyright © Texas Education Agency, All rights reserved.

Assignments 1.Bill of Rights PowerPoint Assignment: Split the class into teams with two students. Each team must design a PowerPoint presentation that defines the first ten amendments to the Constitution (Bill of Rights). The PowerPoint must give clear examples for each amendment, using current examples. Each group will be assigned one amendment to thoroughly define to the class. 2. Bill of Rights and Responsibilities for the Classroom Brochure and Poster: Split the class into 10 groups. Each group must design a brochure that includes five rights and five responsibilities for student behavior in the classroom. Members of the class will discuss all of the brochures and select the best 10 rights and responsibilities for classroom behavior. The class will then design a poster listing the ten rights and responsibilities for class behavior in the classroom. Independent Practice Assignments 19Copyright © Texas Education Agency, All rights reserved.