1.7 classwork
The Constitution (Articles 4-7 and the Bill of Rights)
Today I’m going to give you one primary source (the Bill of Rights) and you’re going to find two other sources
(articles to support your arguments).
1) While reading the Bill of Rights (link and link), your job is to apply what you learned about Enlightenment
thinkers in Lesson 1.2 (slideshow link) and what you learned about English rule during the American colonial period
in Lesson 1.3 (slideshow link):
a) Choose 5 of the 10 amendments in the Bill of Rights. For each amendment, identify an Enlightenment
thinker whose ideas are present, and explain how those ideas are represented.
Amendment
Enlightenment
thinker
Quoted passage
Explanation
1st
Locke
"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..."
John Locke's natural rights ideas
influenced the First Amendment's
protection of freedom of religion, speech,
and the press as fundamental rights
2
Montesquieu
"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."
Montesquieu's idea of the separation of
powers and of a "well-regulated militia"
align with the Second Amendment's
emphasis on the right to bear arms
4th
Montesquieu
"The right of the people to be secure
in their persons, houses, papers, and
effects, against unreasonable searches
and seizures, shall not be violated..."
Montesquieu's ideas on the protection of
individual privacy and the need for checks
and balances are reflected in the Fourth
Amendment, which guards against
unreasonable searches and seizures by
government authorities.
5th
Voltaire
"No person shall...be deprived of life,
liberty, or property, without due
process of law..."
Voltaire's advocacy for due process and
protection against arbitrary authority is
evident in the Fifth Amendment, which
ensures those things
8th
Beccaria
"Excessive bail shall not be required,
nor excessive fines imposed, nor cruel
and unusual punishments inflicted."
Beccaria's ideas against cruel and unusual
punishment made up the Eighth
Amendment, which prohibits excessive
bail, fines, and punishments, reflecting a
concern for humane treatment by the
government.
b) Choose 5 of the 10 amendments in the Bill of Rights. For each amendment, explain how the amendment
represents fear of a strong and powerful national government.
Amendment Quoted passage
Explanation
2) In this question, I want you to make an argument and find evidence to support your position.
a) Which of the rights in the first 10 amendments do you think is not protected strongly enough? Find and link
an article which demonstrates that. Explain how the article demonstrates the right isn’t protected strongly
enough.
b) Which of the rights in the first 10 amendments do you think is too strongly protected? Find and link an
article which demonstrates that. Explain how the article demonstrates the right is too strongly protected.
You can complete this guided notes Doc *OR* take notes by hand in your preferred style.
Lesson question(s):
What solutions did the Framers come up with for the relationship between the states and between the states and the
federal government?
How did the Framers resolve their fears of a strong national government?
Reflect in your notes:
Is it a necessary part of American democracy for each state to treat the residents of other states equally? What are
some of the potential downsides if this wasn’t required by the Constitution?
Key Issue 1
The Constitution forces the states to work together… for good or evil
Notes
Artcle 4
Full Faith laws
Convicted in oregon, criminal in oregon
Married in oregon, married in washington
Respect other states decisions
Privileges and immunities clause
Oregon cant discriminate against washington residents
Extradition
Transport criminals to state where crime was commited
Fugitive slave clause
Slave goes to free state, must be extradited
Key Issue 2
The Constitution can be changed… but it’s difficult
Notes
Article 5
To start amendment
⅔ of both congress chambers
⅔ of state legislature, with exact wording
To ratify
¾ of state legislature 26/27
¾ of state conventions 1/27
21st amendment
Repealed prohibition
Cannot destroy equal representation in senate
Key Issue 3
The Constitution is supreme to all, and national laws are supreme to state laws
Notes
Article 5
Ladder 5 rungs
Everything follows constitution
Then federal law
State constitution
State Law
Local Law
Each has to follow all previous rungs
Article 6
every member of congress swears to uphold the constitution.
Can be no religious test to be in government
Key Issue 4
Many of the Framers feared a strong national government
Notes
1st amendment
Freedom of speech, religion, media, expression
2nd bear arms against militia
3rd no soldiers in house
4th
5th due process
Double jeopardy
I plead the 5th
Choose not to testify
Imminent domain
government uses your property to make stuff
But has to pay you market value
6th trials
Public trial
Speedy trial
Trial where crime occurred
Know what you are accused with
Confront witnesses
Right to lawyer
8th ban on cruel and unusual punishment
10th
power not specific to government falls to states
Key Issue 4
Checks and balances in Article IV, Article V, and Article VI
Notes
Supremacy Clause establishes federal law as supreme, resolving conflicts with state law.
Full Faith and Credit, Extradition, and Privileges and Immunities Clauses
Complete one of the following:
Summarize your notes:
Answer the lesson question(s) in 2-4 sentences:
The Framers resolved their fears by implementing checks and balances that divided powers among the legislative,
executive, and judicial branches. They also had a balance of power between the federal government and the states to
limit the central government's authority. The Bill of Rights was added to protect individual liberties and restrict the
government's ability to take them away.