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The Constitution and Bill of Rights
© Constitutional Rights Foundation, Los Angeles, 2002 All rights reserved.
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Imagine that America was suddenly a kingdom...
With one supreme ruler... The King. Click 1: Imagine… Click 2: With one supreme…. Click 3: The King. Click 4: The King of America has the power... The King of America has the power to make new laws that all the citizens have to follow.
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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. On slide: The King of America…. Click 1: He does not need to ask… Click 2: Police officers… Click 3: They have the right... Click 4: If the military… Elaboration: Briefly discuss each rule to ensure understanding. Click to next slide. If the military needs to occupy a community, Americans will open their homes to them and provide soldiers with food and shelter.
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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. Click 1: Graphic Click 2: The King has ordered the media… Click 3: Graphic Click 4: Americans who break these… Elaboration: Briefly discuss each rule to ensure understanding. Click to next slide.
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How do you like your new country?
How do you think other Americans would react to this king and government? On slide: How do you like… Click 1: How do you think other Americans… Elaboration: Conduct a short discussion using the questions. Lead students to conclude people might revolt against the king and government. Click to next slide.
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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. On slide: Early American colonists… Click 1: They were tired of being ruled… Click 2: They declared independence… Click 3: This started a war. Click 4: The Revolutionary War + graphic. Elaboration: Seditious libel, Stamp Act, Boston Tea Party, and quartering troops led to Declaration of Independence. Ask: What happened during the Revolutionary War? Who won? Click to next slide.
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What should our government be like?
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! On slide: While the colonists… Click 1: They realized… Click 2: How do we form a government… Click 3: Certainly not like a kingdom! + graphic. Elaboration: This was the first time a democratic government had been set up. Imagine the challenges they faced. Ask: Why did they need a government? Click to next slide.
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But the plan didn’t work.
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. On slide: Four paragraphs + graphic. Click 1: But the plan didn’t work. Elaboration: Names of leaders. Articles of Confederation. Reinforce desire for weak government to avoid monarchy. Click to next slide. But the plan didn’t work.
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Pay the soldiers who had fought in the war.
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. On slide: Some of the problems… Click 1: The central government… Click 2: Graphic + Pay the soldiers… Elaboration: Domestic (states and individuals) and foreign debt. Washington’s stance on paying the soldiers. Click to next slide.
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The states had so much power that things got confusing.
Every state printed its own money. It was hard to travel and buy things. On slide: The states had so much power…+ graphic. Click 1: Every state printed… Ask: Why would it be confusing if the states each had their own type of money? What problems might this cause? Elaboration: Most of the gold and silver coins had been spent on foreign trading. The value of the money printed by the states and Congress fell, causing a depression. People didn’t pay their taxes. The central government had little money and little power of enforcement. Click to next slide.
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It turned out that we needed a stronger central government.
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. On slide: The United States… Click 1: It turned out… Click 2: The leaders from the states… + graphic. Click 3: The question before them… Click 4: Just how much power... Elaboration: Philadelphia was the capital at that time. Fear arose that we could not economically raise a defense against foreign attack. Click to next slide. The question before them… Just how much power should the central government have?
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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. On slide: All text and graphic. Elaboration: Review difference between federal and state governments. Examples of powers: Federal State Coin money Education Establish post office Establish local governments Patents/copyrights Conduct elections Military Regulate businesses Naturalization/Immigration Click to next slide. They called this Federalism.
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Each branch would have its own, but equal, powers.
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. Judicial Legislative Executive On slide: To make sure… Click 1: Judicial Click 2: Legislative Click 3: Executive + eagle graphic Click 4: Each branch would… Click 5: Having three branches… Elaboration: Ask students what each branch does as you introduce it.. Provide additional information about each branch. Define, give examples of “checks and balances.” Ask: Why is the idea of separate but equal powers important to democracy? Click to next slide. Each branch would have its own, but equal, powers. Having three branches of government provided a way for “checks and balances.”
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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? On slide: The founders had… Click 1: What about our individual rights… Elaboration: Protections already provided by Constitution. Mason-Gerry motion to add a bill of rights to the Constitution. Click to next slide.
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Some people argued against adding a bill of rights.
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! Others advocated adding a bill of rights. On slide: Some people argued against… + graphic + quotation. Click 1: Others advocated… + quotation + graphic. Elaboration: Additional arguments: Opposed: State Constitutions already protect individual rights. Many already had declarations of rights. In favor: Wouldn’t take long to add, could depend on state constitutions and existing consensus on what rights should be included. If Constitution is to be “supreme law of the land,” then state declarations of rights wouldn’t provide enough security. Introduce terms “federalists” and “anti-federalists.” The founders had been in session all summer, very hot, tiring of arguments. Motion to add a Bill of Rights defeated. Ask: Would you have been in favor of or opposed to the addition? Why? Click to next slide. Yes, because this would ensure that no laws now or in the future could infringe on our basic individual rights.
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After the Convention ended, arguments continued about whether to add a bill of rights to the Constitution. On slide: Graphic + After the Convention ended… Click 1: Even after the Constitution was ratified… Elaboration: Nine states were needed to ratify the Constitution. Click to next slide. Even after the Constitution was ratified, some states insisted that a bill of rights be added.
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This was interesting because Madison,
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 Hamilton and John Jay, had opposed adding a bill of rights. On slide: James Madison, a Congressman… Click 1: This was interesting… + graphic Click 2: along with Alexander Hamilton… + graphic Click 3: and John Jay… + graphic Click 4: Had opposed adding… + quotation Ask: What were some of the reasons they opposed it? Click to next slide. NO Not necessary. I think not. Nope.
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The collection of essays is known as the Federalist Papers.
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. On slide: In fact, they felt… Click 1: The collection of essays… + graphic Elaboration: The essays were published during the ratification process, causing great debates within the states. Hamilton, Jay, and Jefferson wrote under the name “Publias,” Greek for “of the people.” Click to next slide.
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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... On slide: Madison had a change of heart… + graphic Click 1: Madison became convinced… + He went before the first Congress… Click 2: Madison urged them… Elaboration: Congress was not opposed to adding a bill of rights, but to many members, it was not a high priority. Click to next slide. 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. k On slide: Madison got to work… Click 1: He used ideas + graphics Click 2: He thought about… + graphics Click 3: And he continued… + graphic Elaboration: Thomas Jefferson was in France at the time, he and Madison corresponded by mail. Their letters have become important primary source documents for historians. Madison asked Jefferson to send him history and philosophy books to help him study. He relied heavily on the Virginia Declaration of Rights, authored primarily by George Mason. Click to next slide. And he continued to talk to his friends.
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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. On slide: On December… + graphic Click 1: The ten amendments in… Elaboration: Madison originally proposed nine amendments to Congress and wanted a preamble and the amendments included within the text of the Constitution. Before being sent to the states for ratification, the amendments were redrafted as 17 articles by the House. In the Senate, the Bill of Rights ended up as 12 amendments, with the states ratifying only ten. It was also decided that the amendments would be placed at the end of the Constitution instead of within the text. Click to next slide. The ten amendments in the Bill of Rights guarantee basic liberties.
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Freedom of Expression 1st Amendment Religion Speech
Separation of church and state Free exercise of religious beliefs Speech On slide: Freedom of Expression + 1st Amendment Click 1: Graphic + Religion Click 2: Graphic + Speech Click 3: Graphic + Press Click 4: Graphic + Assembly/Petition Elaboration: Specific examples of each freedom. Rights vs. responsibilities (yelling “Fire” in a crowded theater) Ask: Which of the freedoms under the 1st Amendment is most important to you? Why? Click to next slide. Assembly & Petition Press
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2nd Amendment 3rd Amendment 4th Amendment Keep and bear arms.
“Well regulated militia” 3rd Amendment Quartering of Soldiers On slide: All text. Click 1: Rifles graphic Click 2: Family + solider graphic Click 3: Police tape and house graphic Elaboration: Discuss controversies around 2nd Amendment. (Does it give an individual a right to bear arms or does it just give states the right to keep militias?) 3rd Amendment relevance to colonial experience. Impact of 4th Amendment on daily life and criminal trials. Examples of 4th Amendment cases. Click to next slide. 4th Amendment Search and Seizure
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5th Amendment 6th Amendment
Indictment by Grand Jury No double jeopardy. Due process of law Just compensation. Don’t have to testify against yourself. On Slide: 5th Amendment + 6th Amendment Click 1: Courtroom graphic + text under amendments. Elaboration: Discuss “taking the fifth.” Define “double jeopardy.” Rights listed in Miranda warning. Ask: Which of the rights under the 5th and 6th Amendments seem most important to you? Why? Click to next slide. 6th Amendment Speedy, public trial Impartial jury. Informed of accusation Witnesses: Right to an attorney Confront those against you. Have your own.
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7th Amendment 8th Amendment Jury trial for civil case. (at least $20)
No excessive bail, fines. No cruel or unusual punishment. On slide: 7th Amendment + graphic Click 1: 8th Amendment + graphics Click 2: No excessive bail…no cruel and unusual… Elaboration: Difference between civil and criminal trials. Discuss the $20 requirement, pointing out that it was considered a lot of money in compared to today. Discuss controversies around death penalty. Click to next slide.
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9th Amendment 10th Amendment
These rights are not the only rights we have. 10th Amendment Powers not delegated by the Constitution are reserved for the states and the people. We the People On slide: All text and graphics on top half of slide. Click 1: The founders included…. Ask: Do you think it was a good idea to include a way to amend, or change, the Constitution? Why or why not? Does anyone know what some of the newer amendments are? Click to next slide. 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.
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Sometimes called the “Civil War Amendments.”
13th Amendment (1865) Outlaws slavery. 14th Amendment (1868) Sometimes called the “Civil War Amendments.” 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.” And later... On slide: 13th, 14th, 15th Amendments + “civil war amendments” Click 1: Soldier graphic. Click 2: Outlaws slavery. Click 3: All people born… Click 4: Right to vote cannot… Click 5: And later… Click 6: 19th Amendment + graphic Click 7: Women’s right to vote. Elaboration: Importance of “equal protection amendments” to today’s society. Civil rights movement and cases (Brown v. Board). Discuss how long it took for women to gain right to vote. Ask: Can you think of any other amendments that you strongly believe should be added to the Bill of Rights? Why? Click to next slide. 19th Amendment (1920) Women’s right to vote.
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Since the ten amendments in the Bill of Rights were adopted in 1791, the Constitution has been amended only more times. The End On Slide: Since the ten amendments… Click 1: The end. Transition to activity: A Visitor From Outer Space. Tell students that they are going have a chance to share their opinions about what rights they think are most important.
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The Constitution and Bill of Rights
Designed by Marshall Croddy Written by Keri Doggett & Bill Hayes Graphic Design by Keri Doggett Production by Andrew Costly Special thanks to John Kronstadt, CRF Board of Directors, for inspiration and input. © Constitutional Rights Foundation, Los Angeles, All rights reserved.
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