Celebrate the
Constitution
Teacher Guide
Developed by Mel Miller
Macomb ISD
TABLE OF CONTENTS
TOPIC
PAGE
INTRODUCTION ........................................................................................................................... 4
PREAMBLE
1.
The Purposes ........................................................................................................... 6
ARTICLE I
2.
3.
4.
Congressional Powers ............................................................................................. 7
Bill to Law ............................................................................................................... 8
Legislative Levels ................................................................................................... 9
ARTICLE II
5.
6.
7.
8.
9.
Presidential Powers ............................................................................................... 10
Electing the President ............................................................................................ 11
Electoral College – Political Cartoon .................................................................... 12
Presidential Succession Briefing Paper ................................................................. 13
President’s Cabinet ................................................................................................ 14
ARTICLE III
10.
11.
12.
13.
The Supreme Court Today .................................................................................... 16
Supreme Court Firsts ............................................................................................. 17
Identifying Crimes ................................................................................................. 18
Mock Trial ............................................................................................................. 20
ARTICLE IV
14.
51st State? .............................................................................................................. 21
ARTICLE V
15.
Proposed Amendment ........................................................................................... 22
ARTICLE VI
16.
Supreme Law of the Land ..................................................................................... 23
AMENDMENTS
17.
Examining the Bill of Rights ................................................................................. 24
18.
What’s the Purpose? .............................................................................................. 25
19.
Which is the “Right” Amendment? ....................................................................... 26
20.
Bill of Rights Race ................................................................................................ 27
21.
Right, Duties, Responsibilities .............................................................................. 28
22.
Bill of Rights Today .............................................................................................. 29
23.
Polling the Bill of Rights ....................................................................................... 30
24.
Is it Legal? ............................................................................................................. 31
25.
Legal Nightmares .................................................................................................. 32
26.
Legal Interpretations ............................................................................................. 33
27.
STHGIR vs. RIGHTS ........................................................................................... 34
28.
Without the Bill of Rights ..................................................................................... 35
29.
Rewrite the First Amendment ............................................................................... 36
2
30.
31.
32.
33.
34.
35.
36.
37.
How “Free” is Free Speech? ................................................................................. 37
Freedom of Speech in the Classroom .................................................................... 38
The “Watchdog” .................................................................................................... 39
Defining Reasonable Search ................................................................................. 40
Search and Seizure at School ................................................................................ 41
Miranda Rule ......................................................................................................... 42
Other Rights .......................................................................................................... 43
“Walk a Beach” – Editorial ................................................................................... 44
MISCELLANEOUS
38.
Perjury in the Courtroom ....................................................................................... 45
39.
Checks and Balances ............................................................................................. 46
40.
Endangering the Balance of Power? ..................................................................... 47
41.
Help Wanted .......................................................................................................... 48
42.
Constitutional Competition ................................................................................... 49
43.
Create a Constitution ............................................................................................. 50
44.
Editorial Cartoons ................................................................................................. 51
45.
Roman Numerals ................................................................................................... 52
APPENDIX:
ANSWER KEY ..................................................................................................... 53
U.S. CONSTITUTION ......................................................................................... 58
THE BILL OF RIGHTS ........................................................................................ 59
AMENDMENTS 11-27 ........................................................................................ 60
CERTIFICATE OF ACHIEVEMENT ................................................................. 61
3
INTRODUCTION:
President George W. Bush signed public law 108-447 on December 8, 2004 designating every
September 17 as Constitution Day. Additional legislation requires all K-12 schools, colleges and
universities receiving federal funds to teach about the Constitution on Constitution Day. Many
Michigan educators look forward to the opportunity to make teaching and learning the
Constitution a school-wide event in which all professional and support staff take part.
Schools can determine what kind of educational program they want to use to observe
Constitution Day. The observance could be simply reciting the Preamble of the U.S.
Constitution to teaching /learning detailed activities to school-wide programs celebrating the
Constitution. Neither the Department of Education nor Congress has required a specific
curriculum or a particular interpretation of the Constitution. It is hoped that schools will develop
many different, creative ways to enable students to learn about our country’s most important
historic document. The Constitution protects our freedoms and impacts many facets of our lives.
Therefore, schools have a number of options on how they might observe this special day.
The Education department seems to favor the “honor system” of compliance rather than site
visits or required documentation. Historically, the federal government has avoided dictating
what or when anything must be taught because those powers rest with the states under the 10th
Amendment.
The purpose of this CELEBRATE THE CONSTITUTION program is to assist teachers in
studying aspects of the Constitution while providing a valuable opportunity for students to learn
about using the newspaper as a means of furthering an understanding of their constitutional
rights and responsibilities. The entire CELEBRATE THE CONSTITUTION program is
designed to provide a comprehensive view of this important document and how it lives in our
modern society.
We hope that you will take these materials and integrate them into your regular classroom
programs. The activities are designed to be pulled apart, mixed together and used in whatever
order you feel most comfortable. The activities have been created to accommodate the varied
levels of your students. A number of “Extended Activities” have been designed as enrichment to
satisfy the needs of your higher level or gifted students. These same activities can be simplified,
however, for lower level use.
It is our hope that this program will help you and your students CELEBRATE THE
CONSTITUTION on Constitution Day and beyond!
Mel Miller
Social Studies Consultant
4
ABOUT THE AUTHOR
Mel Miller is the Social Studies Consultant for the Macomb Intermediate School District. He
has been in the field of education for 35 years with experience at the elementary and secondary
levels. He also teaches Elementary Social Studies Methods courses for Wayne State University
and Oakland University.
Mel was voted Michigan Teacher of the Year in 1981-82 by the Michigan Department of
Education and placed second in the national competition. In 2004, the National Social Studies
Supervisors Association presented him the Outstanding National Social Studies Supervisor
Award. He earned degrees from the University of Michigan and Wayne State University. Mel
served as the president of the Michigan Council for the Social Studies in 1978-79 and the
National Social Studies Supervisors Association in 1985.
5
PREAMBLE: The Purposes
Activity 1
The purpose of the Constitution and our federal government is stated on the Preamble of the U.S.
Constitution. Read this part of the Constitution. Then review the newspaper and try to identify an article
that illustrates actions taken by different levels of government, which correspond to the six purposes
stated in the Preamble. Write down the headline of the newspaper article, explain what government
action took place and how it will affect citizens.
… MORE PERFECT UNION
(to set up a strong central government)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
… ESTABLISH JUSTICE
(to have a court system and fair laws)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
… INSURE DOMESTIC TRANQUILITY
(to have people get along with each other)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
… PROVIDE FOR COMMON DEFENSE
(to protect the country)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
… PROMOTE GENERAL WELFARE
(to have good living conditions)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
… SECURE BLESSINGS OF LIBERTY
(to have freedom for all)
Headline:____________________________________________________________________________
Government action:____________________________________________________________________
Affect on citizens:_____________________________________________________________________
6
ARTICLE I: Congressional Powers
Activity 2
The powers of Congress are given in Article I, Section 8 of the U.S. Constitution. These powers are listed
below. Review the newspaper over a period of time to find examples of these congressional powers. Next
to the power give a present day example for as many as you can find references to in the newspaper or
that you can think of.
CONGRESSIONAL POWER
EXAMPLE
1. Raise money with taxes
_______________________________________________________
2. Pay debts
_______________________________________________________
3. Defend the United States
________________________________________________________
4. Provide for services for the good
of all people
___________________________________________________
5. Borrow money for government use
________________________________________________________
6. Regulate trade with other countries
___________________________________________________
7. Establish rules for new citizens
________________________________________________________
8. Make rules for bankruptcy
________________________________________________________
9. Coin money and decide how
much it is worth
___________________________________________________
10. Define weights and measures
________________________________________________________
11. Punish people who make fake
bonds, stamps, money
___________________________________________________
12. Provide postal service
________________________________________________________
13. Provide roads
________________________________________________________
14. Award patents for inventions and
copyrights for writers and artists
________________________________________________________
15. Set up courts
________________________________________________________
16. Make laws about crimes on international
waters and against international laws
________________________________________________________
17. Declare war
________________________________________________________
18. Make laws about seizing enemy property___________________________________________________
19. Raise an Army and Navy
___________________________________________________
20. Provide for a National Guard
___________________________________________________
21. Control national capital, forts, arsenals,
Navy yards and public buildings
___________________________________________________
22. Make all laws needed for carrying out its
power to allow the government to adapt to
needs of the future (“Elastic Clause”)
___________________________________________________
7
ARTICLE I: Bill to Law
Activity 3
Article I, Section 7 provides guidelines for how a bill becomes a law. Article I, Section 8 lists the various
powers Congress has for making these laws. Section 8 also includes the famous “Elastic Clause” giving
Congress the power “to make all laws which shall be necessary and proper.” It allows Congress to deal
with many matters not specifically mentioned in the Constitution.
Try your hand at writing a bill. Look through the newspaper and identify a problem or situation that you
feel something should be done about. Think of what you might recommend as a solution. Using the
format below, write a bill that expresses your views.
Congress/Session
Bill Title
Enacting Clause
109th Congress
2nd Session
Bill #_____
A BILL TO___________________________________
1. Be it enacted by the Senate and the House of Representatives of the United
2. States of America in Congress assembled that _______________________
Body of Bill
Who?
What?
Where?
Why?
How?
When?
3. __________________________________________________________
4. __________________________________________________________
5. __________________________________________________________
6. __________________________________________________________
7. __________________________________________________________
8. __________________________________________________________
9. __________________________________________________________
10. __________________________________________________________
11. __________________________________________________________
12. __________________________________________________________
13. __________________________________________________________
14. __________________________________________________________
15. __________________________________________________________
_____________________________
Author’s Name
EXTENDED ACTIVITIES:
1. Send your bill to your U.S. Representative or U.S. Senator.
2. Conduct a mock Congress to illustrate how a bill becomes a law.
3. Look through the newspaper to find references to bills that are pending or have recently passed in
the state or federal legislatures.
8
ARTICLE I: Legislative Levels
Activity 4
Article I deals with the legislative branch of the federal government. It explains that Congress is made up
of two houses: the Senate and the House of Representatives. There are two senators from each state and
representatives are allocated according to the population of the state. Review Article I to find out more
about the legislative branch.
Other levels of government also have legislative branches. These parts of the government are responsible
for making laws. Examples of legislative branches for the state and local government levels are listed
below.
Over the period of a week, list the names of senators and representatives and other legislative branch
members mentioned in the newspaper. Then indicate what government-related reference is made to these
people. What, if any, reference is made to law-making activities.
LEGISLATIVE BRANCH
MEMBER
GOVERNMENT-RELATED
REFERENCE
LAW-MAKING
REFERENCE
U.S. Senator
U.S. Representative
State Senator
State Representative
County Commissioner
Township Trustee
City Council Member
EXTENDED ACTIVITIES:
1. List the traits people should look for in a good legislator. Create a “help wanted” ad seeking the ideal
legislator.
2. Create a “legislative levels” bulletin board and post newspaper articles dealing with the legislatures at
the federal, state and local levels.
9
ARTICLE II: Presidential Powers
Activity 5
There are 11 powers and duties that the president is given in Article II of the U.S. Constitution. These
powers and duties are listed below. Review the newspaper over a period of time to find examples of these
presidential powers. Next to the powers, give a present-day example for as many powers as you can find
references to in the newspaper.
PRESIDENTIAL POWERS
EXAMPLES
1. Commander in chief of military
2. Seek advice from the cabinet and advisers
3. Pardon or delay punishment for a convicted person
4. Makes treaties with Senate approval
5. Make appointments of ambassadors, Supreme Court
justices and federal officers with Senate approval
6. Address Congress and suggest legislation
7. Call special meetings of Congress
8. Tell Congress when to stop if it cannot decide when
to stop meeting
9. Greet government officials from other countries
10. Enforce nation’s laws
11. Sign papers giving government officials the right to
do their jobs
EXTENDED ACTIVITIES:
1. Using the 11 presidential powers listed above, find examples from U.S. history when past
presidents have demonstrated these powers.
2. Write a “Letter to the Editor” about which presidential powers should be removed from or added
to this list.
10
ARTICLE II: Electing the President
Activity 6
An oddity of the American political system is that the people do
not vote directly for president and vice-president of the United
States. Instead, they vote for a group of electors who in turn cast
the official votes for these two offices. Article II, Section 1 of
the U.S. Constitution explains that each state will have a number
of electors equal to the number of senators and representatives
the state has in Congress.
When people go to the polls to vote, that is
DEM. ELECTORS
called the “popular vote.” But, as the
CHOSEN BY
STATE DEM.
Constitution was written, the popular vote does
PARTY
not elect the president and vice-president. It also
does not elect the members of the Electoral College. The
popular vote simply tells how the voters feel.
At first, electors were appointed by the state legislatures. Today
when people vote for a presidential candidate, they are really
voting for a list of candidate electors chosen by the candidate’s
political party. The presidential candidate (really the list of
candidate electors) who get the largest popular vote in a state
wins ALL that state’s electoral votes. However, electors are not
legally bound to vote for any particular candidate and can vote
for other candidates if they want.
If no candidate gets a majority of the electoral vote (270), the
election goes to Congress. In Congress, the House of
Representatives chooses the president and the Senate chooses
the vice-president.
The chart at the side shows the steps in the process of electing a
president and vice-president during the Electoral College.
CITIZENS IN
EACH STATE
VOTE FOR
DEM.
OR
REP.
ELECTORS
ELECTORS
THE NUMBER OF ELECTORAL
VOTES IN EACH STATE IS BASED
ON THE STATE’S TOTAL NUMBER
OF U.S. SENATORS AND U.S.
REPRESENTATIVES
REP. ELECTORS
CHOSEN BY
STATE REP.
PARTY
THE ELECTORS VOTE FOR
PRESEDENTIAL AND VICE
PRESEDENTIAL CANDIDATES
IF NO CANDIDATE WINS A
MAJORITY OF THE ELECTORAL
VOTES (270), THE ELECTION
GOES TO CONGRESS
U.S. HOUSE OF
U.S. SENATE
REPS.CHOOSES
CHOOSES
PRESIDENT
VICE PRESIDENT
1. What does this chart show?
2. In a presidential election, for whom do the voters
actually vote?
3. Who chooses the party electors in each state?
4. How many electors does it take to win the presidency?
5. Who actually votes for the presidential and vicepresidential candidates?
6. Who elects the president if no candidate wins a majority
of the electoral vote?
7. Michigan has 17 electors. That means we have how
many U.S. Senators and U.S. Representatives?
EXTENDED ACTIVITIES:
1. Write an editorial stating your opinion on the Electoral College.
2. Imagine you are one of the writers of the U.S. Constitution. Write a letter to the editor explaining why
you decided to include the Electoral College in the U.S. Constitution.
3. Research and report on the presidential elections in U.S. history when candidates who lost in the
popular vote became president anyway because of Electoral College decisions.
11
ARTICLE II: Electoral College – Political Cartoon
Activity 7
This activity is based upon an editorial cartoon that appeared in the Detroit Free Press. It deals with the
Electoral College mentioned in Article II, Section 1 of the U.S. Constitution. This part of the Constitution
states that the people of the United States do not vote directly for the president. Each state chooses
electors who in turn make up the Electoral College. Each state has the same number of electors equal to
the number of representatives and senators it has in Congress, although no one holding a federal position
is eligible to be an elector. Michigan has 17 electors because we have 15 U.S. representatives and two
U.S. senators.
1. What location is pictured in this cartoon?
2. What is the man entering the curtained area about to do?
3. Who does the old man on top represent?
4. Why is this man pictured as
being so old and feeble?
5. Explain what is meant by the
caption that accompanied this
cartoon: "These contraptions just
count your vote ... I decide what
it's worth."
6. What is the cartoonist trying to
communicate through this
cartoon?
EXTENDED ACTIVITIES:
1. Create a political cartoon on some other aspect of the U.S. Constitution.
2. Find the political cartoons in today's newspaper. Write out the message that the cartoonist is trying to
give through the cartoon.
12
ARTICLE II: Presidential Succession Briefing Paper
Activity 8
Article 11, Section 1 states that "in case of the removal of the president from office, or his death,
resignation or inability to discharge the powers and duties of the office" that the vice-president shall take
over the powers and duties of the presidency. In 1948, a law was passed to further clarify who would
succeed the vice-president. This law said that after the vice-president, next in line for the presidency
would be the speaker of the House of Representatives, the president pro-tempore of the Senate, then
cabinet members in the order that their departments were created.
The 25th Amendment in 1967 further established who and what determines "disability" of a president. It
also explained how a vacancy in the office of vice-president can be filled. In such a vacancy, the
president shall nominate a new vice-president who shall take office upon approval by a majority vote of
both houses of Congress.
Imagine that you have been assigned the job of preparing a briefing paper for the new president of the
United States. Review the major stories in the newspaper and complete the briefing paper form below.
MAJOR NATIONAL ISSUE:
MAJOR EVENTS ON THE NATIONAL SCENE:
MAJOR INTERNATIONAL ISSUE:
MAJOR EVENTS ON THE INTERNATIONAL SCENE:
KEY PEOPLE IN THE NEWS AND WHY THEY ARE NEWSWORTHY:
EXTENDED ACTIVITIES:
1. Complete this activity as a briefing paper for a new governor of Michigan. Have your briefing paper
deal with state and national issues.
2. Research the vice-presidents who moved up to president due to the death or resignation of the
president. Complete this form representing issues important during those times in history.
13
ARTICLE II: President's Cabinet
Activity 9a
Article II, Section 2 of the U.S Constitution says that the president "may require the opinion, in writing,
of the principal officer in each of the executive departments, upon any subject relating to the duties of
their respective offices." This laid the basis for a presidential advisory group which we refer to as the
president's cabinet.
George Washington wanted more than written opinions. He called the department heads into conference.
Soon he began to hold regular meetings. The department heads became a cabinet, which advised the
president.
When the executive branch was first organized under President George Washington, four departments
were created: State, War, Treasury and Justice. The Postmaster General was soon added. As the nation
grew and conditions changed, the cabinet grew also. The practice of holding cabinet meetings has
become a standard procedure.
The president's cabinet departments are listed on 9b. Read them to become familiar with what areas each
is responsible for. Using this information, complete the newspaper headlines below by filling in the
correct department that has that responsibility.
1. _____________________ Department Proposes New Mideast Treaty
2. _____________________ Department Seizes Counterfeit Funds
3. _____________________ Department Encourages AIDS Research
4. _____________________ Department Dedicates New National Park
5. _____________________ Department Advises Bush on Legal Affairs
6. _____________________ Department Establishes Military Bases
7. _____________________ Department Studies High School Ratings
8. _____________________ Department Establishes Job Training Corp
9. _____________________ Department Approves Urban Renewal Plans
10. _____________________ Department Backs Mandatory Seat Belt Use
11. _____________________ Department Predicts Increase in Census
12. _____________________ Department Fears Potential Oil Shortage
13. _____________________ Department Seeks to Limit Corn Crops
14. _____________________ Department Starts New Security Gate Rules at Airports
15. _____________________ Department Offers WW II Soldiers Extra Pensions
EXTENDED ACTIVITIES:
1. Find references to presidential cabinet departments in the newspapers.
2. Find articles in the newspaper that deal with areas for which departments are responsible. Identify
which department is responsible.
14
ARTICLE II: President’s Cabinet Today
Activity 9b
Today, the President’s Cabinet has expanded to fifteen departments. These department heads serve as an
advisory group to the President and handle the operations of their respective department areas. The list
below tells the Cabinet level departments, the year they were formed and their basic responsibility.
Agriculture (1889) – assists farmers and consumers for farm products
Commerce (1903) – supervises trade, promotes U.S. tourism and business
Defense ((1789) – manages the armed forces (In 1949 it was changed from War to Defense)
Education (1979) – provides advice and funding for schools
Energy (1977) – directs an overall energy plan for the nation
Health & Human Services (1953) – works for the health and well being of all Americans
Homeland Security (2001) – concerned with antiterrorist activities and security measures
Housing & Urban Development (1965) – deals with special needs and problems of cities
Interior (1849) – manages and protects the nation’s public lands and natural resources
Justice (1870) – has responsibility for all aspects of law enforcement
Labor (1913) – concerned with the working conditions and wages of U.S. workers
State (1789) – plans and carries out the nation’s foreign policies
Transportation (1966) – manages the nation’s highways, railroads, airlines and sea traffic
Treasury (1789) – collects, borrows, spends and prints money
Veteran Affairs (1989) – directs services for veterans
15
ARTICLE III: The Supreme Court Today
Activity 10
Article III of the U.S. Constitution states that there will be a Supreme Court as the head of the judicial
branch of the federal government. There are generally nine justices on the Supreme Court. A justice can
hold his or her position on the court until they die, resign or are found guilty in an impeachment trial.
Presidents like to be able to make Supreme Court appointments because they then look for people who
share their philosophy.
Study the chart below and answer the questions that follow:
CURRENT SUPREME COURT JUSTICES
Name
Appointed by Born
President
Position before Court
Appointment
John Paul Stevens
Year
Appointed to
Court
1975
Ford
1920
U.S. Court of Appeals
Judge
Antonin Scalia
1986
Reagan
1936
U.S. Court of Appeals
Judge
Anthony M. Kennedy
1988
Reagan
1936
David N. Souter
1990
G.H. Bush
1939
U.S. Court of Appeals
Judge
U.S. Court of Appeals
Judge
Clarence Thomas
1991
G.H. Bush
1948
U.S. Court of Appeals
Judge
Ruth Bader Ginsburg 1993
Clinton
1933
U.S. Court of Appeals
Judge
Steven G. Breyer
1994
Clinton
1938
U.S. Court of Appeals
Judge
John G. Roberts. Jr.
(Chief Justice)
Samuel Alito, Jr.
2005
G.W. Bush
1955
U.S. Court of Appeals
Judge
2006
G.W. Bush
1950
U.S. Court of Appeals
Judge
1. Which current justice has served the most years on the Supreme Court?
2. How many years has that justice served?
3. Which current justice has served the least number of years on the Supreme Court?
4. How many years has that justice served?
5. Which president who served since 1970s did not make a Supreme Court appointment?
6. Which president appointed the current Chief Justice of the Supreme Court?
7. Which president has appointed the most justices who are currently serving on the Supreme Court?
8. Which justice is the oldest?
9. Which justice is the youngest?
10. What seems to be the most common position held by a justice before his/her appointment to the
Supreme Court?
EXTENDED ACTIVITIES:
1. Write an editorial expressing your position on a "mandatory retirement age" for Supreme Court
justices.
2. Find references to judges in the newspaper.
3. The Constitution has no requirements for minimum or maximum age, residency or citizenship for
Supreme Court justices. Do you feel there should be some types of requirements? Create a helpwanted ad seeking the “ideal” justice. Include your recommended requirements in your ad.
16
ARTICLE III: Supreme Court Firsts
Activity 11
Article III created the U.S. Supreme Court. It is the only court specifically mentioned in the U.S.
Constitution. This court has undergone some changes since the time when John Jay was appointed the
first chief justice in 1789. Today there are nine justices on the Supreme Court, all appointed by the
president with advice and consent of the Senate.
Traditionally, Supreme Court justices have been white, Christian males. The article below from 1981 is
about the initial breaking of these "traditions," which opened the court to a wider range of membership.
1st Woman for
Supreme Court
What do these
Detroit Free Press
July 8, 1981
By SAUL FRIEDMAN
Free Press Washington Staff
WASHINGTON — President Reagan Tuesday nominated Sandra
Day O'Connor, 51, an Arizona appeals court Judge, to be the first
woman to wear the robes of a U.S. Supreme Court justice.
As the president put it in an announcement in the White House
press room: "She is truly a 'person for all seasons,' possessing
those unique qualities of temperament, fairness, intellectual
capacity and devotion to the public good which have
characterized the 101 'brethren' who have preceded her."
President Reagan's choice Tuesday of Sandra D. O'Connor to
become the first female member of the Supreme Court comes 14
years after the nomination of the court's first black member and
65 years since the first Jewish justice.
Thurgood Marshall, the only black man ever nominated, was
appointed by President Lyndon B. Johnson in 1967 and is still on
the high court. Marshall had been chief counsel for the National
Association for the Advancement of Colored People, a federal
appeals court judge and U.S. solicitor general.
Louis Brandeis was named to the court in 1916 by President
Woodrow Wilson as its first Jewish member and served until
1939. An attorney, Brandeis was, like Marshall, politically
liberal.
While the U.S. high court has never had a woman justice, few
other nations have either. According to the United Nations and
other sources, there have been only three recently: Annie Jiagge
of Ghana, Mrs.S. Ascher of Israel and Mrs. Brooks Randolph of
Liberia.
17
1. Who was the first woman appointed
to the U.S. Supreme Court?
2. What was her job before being
appointed to the Supreme Court
3. Which president made her
appointment?
4. According to this article, how many
justices preceded her appointment?
5. If the first Supreme Court justices
were appointed in 1789, how many
years passed before a woman was
finally appointed?
6. How many years passed before a
black person was appointed?
7. How many years passed before the
first Jewish justice was appointed?
8. Who was the first black man
appointed to the Supreme Court?
9. Which president nominated him?
10. Who was the first Jewish man
appointed to the Supreme Court?
11. Which president nominated him?
12. What do these appointees have in
common in terms of their
background?
EXTENDED ACTIVITIES:
1. Identify other groups who have not
had representatives on the Supreme
Court. Using the newspaper and
other sources, try to identify people
from those groups who might be
potential Supreme Court justices.
2. Conduct a mock Senate hearing
concerning the merits of a Supreme
Court nominee. Select as your
nominee some prominent American
mentioned in the newspaper.
3. Using the internet and other sources,
research landmark cases of the
Supreme Court, Select one case and
write an editorial indicating your
support or lack of support for the
court's decision.
ARTICLE III: Identifying Crimes
Activity 12a
Article III of the U.S. Constitution states that "the judicial power of the United States shall be vested in one
supreme court, and in such inferior courts as Congress may, from time to time, ordain and establish." Congress
later passed the Judiciary Act of 1789 which defined federal and state jurisdiction, provided for a chief justice and
five associate justices for the Supreme Court, 13 district courts and three intermediate circuit courts. Later
legislation made other changes.
Today there are hundreds of courts at the federal, state and local levels which decide issues between individuals
and groups as justly as possible under existing laws.
Study the picture on the next page. List the eight crimes being committed.
CRIMES IDENTIFIED
1. _____________________________________________________________________________
2. _____________________________________________________________________________
3. _____________________________________________________________________________
4. _____________________________________________________________________________
5. _____________________________________________________________________________
6. _____________________________________________________________________________
7. _____________________________________________________________________________
8. _____________________________________________________________________________
EXTENDED ACTIVITIES:
1. Choose one of the crimes you listed from the picture. Imagine that you are a newspaper reporter who must write
a news story about the crime. Tell what happened. Use your imagination as you interview "witnesses," "victims"
and the person who committed the crime. Don't forget the five W's of a news story.
2. Find comic strips that will adapt themselves to a story about a crime. Mask the balloon captions with paper and
write in your own story. Use this same procedure to create a cartoon about solving a crime.
3. Write an editorial on how crime affects your school and community.
4. Find newspaper articles that deal with crimes. Identify which crimes have been committed. What are the most
common crimes committed? Create a bar graph representing your findings.
18
ARTICLE III: Identifying Crimes
Activity 12b
19
ARTICLE III: Mock Trial Activity 13
Article III, Section 2 states that any person accused of committing a crime against the United States has the right to
a trial by jury. More requirements about court cases and juries were added by the amendments.
Few activities offered as much opportunity for student involvement and motivation as a mock trial. Students not
only learn about court procedure and law, but they also practice reading, writing, critical thinking, argumentation
and group process skills.
Look through the newspaper to find a story concerning a crime that was committed. Then, using the procedure
listed here, conduct a mock trial concerning that crime.
1. Class chooses a crime from newspaper articles.
2. Fourteen students are chosen from the class to be the following courtroom officials: judge (1), bailiff
(1), jurors (12).
3. The remainder of the class is divided into two groups. Group I represents the person calling for the trial
(prosecution). Two from the group become prosecuting attorneys, another the client, and the rest witnesses on
the side of the prosecution. Group II (defense) has two defense attorneys, an accused person (defendant) and the
rest are witnesses on the side of the defendant.
4. The two groups together set up a vague description of what happened based on the newspaper article. Keep the
groups from making the crime too complicated.
5. The two groups are now separated and are given time to discuss why each person is a witness and what part they
play in the trial. This is the time strategies are formed for both sides. Meanwhile, the other 14 students should
discuss the role and responsibilities of a juror.
6. The trial begins. The prosecution lawyers call each of their witnesses first. Each takes the oath and is questioned
by both sides. Three minutes are given for each witness they question.
7. Then the defense lawyers call their witnesses. Follow the same procedure.
8. At the end of the questioning, each lawyer team gives a two minute summation speech.
9. The jury is sent out to decide on a verdict. The jury must have a unanimous vote of guilty or not guilty.
10. When the verdict is given, sentence is passed by the judge if the defendant is found guilty. If innocent, the case
is dismissed.
EXTENDED ACTIVITIES:
1. As a court reporter, write a story covering the highlights of the trial.
2. Photography is generally not allowed in a courtroom during a trial. Draw a sketch of one of the court
scenes to be included with the court reporter's story.
3. Find articles about crimes. Categorize the types of crimes. Prepare a bar graph to represent the number
of crimes in each category.
4. Invite a judge or lawyer to your classroom.
20
ARTICLE IV: 51st State?
Activity 14
District of Columbia
seeks statehood
By WAYNE KING
New York Times
WASHINGTON – For the first time
since the idea began being bandied about
in the early 1970s, there is a good chance
Congress will seriously consider a
proposal to make the District of Columbia
a state.
Proponents say it is time to relieve
residents of their second-class citizenship
and give them full representation In
Congress. Opponents, Including Justice
Department lawyers, say not only that
statehood Is unnecessary, but also that It
may be granted only by amending the
Constitution.
A BILL to grant statehood, with about
70 sponsors, seems likely to come up for a
House vote before the summer recess —
possibly near the Fourth of July, which
backers say might give the proposal an
emotional and patriotic boost.
Noting that this Is the bicentennial year
of the Constitution, the chairman of the
House Judiciary Committee, Peter Rodino
Jr., D-N.J., said: "What better celebration
than the commitment of this Congress to
extend self-determination to all of its
citizens at last?"
However, the bill faces unrelenting
opposition in the Senate, where conservative Republicans are all but certain to
filibuster for fear the Democratic majority
would grow by two if the predominantly
Democratic municipality could elect two
senators.
IN 1978, both houses approved a
proposed constitutional amendment
that would have allowed district residents
full representation in Congress. But only
16 state legislatures, fewer than half the 34
needed, approved it.
Proponents of full representation then
tried a new tack. In November 1980, 60
percent of the district's voters approved an
Initiative to petition Congress for
statehood. Two years later, D.C. voters
approved the draft of a "Constitution for
the State of New Columbia," which was to
be the name of the 51st state, and Mayor
Marion Barry presented the petition to
Congress. But only this year does there
seem to be any chance of a vote.
In 1975, Congress’ direct governing of
the city ended wit the Inauguration of Its
first mayor and city council. But their
powers are limited; for instance, the city
may not tax nonresidents, so the two-thirds
of federal workers who commute from
Maryland and Virginia pay no city income
tax.
Congress also retains veto power over all
council legislation, with the important
exceptions of charter amendments or
charter acts, and Congress has even
quarreled with such seemingly innocuous
local decisions as the naming of streets.
BUT THE most often-used argument for
statehood is that residents have no voting
representative at the federal level. Since
1971, the city has been allowed one delegate
to the House of Representatives, who may
vote in committee but not on the floor.
Besides the two senators, statehood would
grant it one or more representatives,
depending on population.
Arguments against statehood range
from the frivolous — the difficulty of fitting
a 51st star into the flag — to the
constitutional.
Article One of the Constitution says that
Congress should exercise exclusive control
over a district "not exceeding ten miles
square" that would be "the seat of
government of the United States." At a
hearing on the bill in March, Assistant
Attorney General Stephen Markman said
statehood "would be in direct defiance of the
intent of the founders."
BUT RODINO notes that the Constitution stipulated only that the seat of the
government could be no larger than 10 miles
square; nothing, he says, prohibits Congress
from making it smaller, and the rest of the
District could become New Columbia.
Others argue that It makes little sense to
turn what is basically a city into a state.
Rhode Island, though the smallest of the 50
states at 1,212 square miles, is close to 200
times bigger than Washington, D.C. On the
other hand, the district's present population,
estimated at 626,000, is larger than that of
Vermont (541,000), Alaska (534,00) or
Wyoming (507,000).
Detroit Free Press
May 6, 1987
Thirty-seven new states have
been added to the United States
under the power granted to Congress through Article IV of the
U.S. Constitution. In recent
history, a number of other areas
have considered statehood, such
as Puerto Rico, Guam, Michigan's
Upper Peninsula and the District
of Columbia. Read the article on
this page and answer the questions.
1. Give an example why
residents of the District of
Columbia have been
referred to as "second-class
citizens."
2. Why might a vote on
District of Columbia
statehood be more positive
around the Fourth of July?
3. Define: filibuster.
4. Why are Senate
Republicans against this
statehood bill?
5. What happened to the 1978
attempt to give district
residents full representation
in Congress?
6. Which steps has the District
of Columbia already
completed on the road to
statehood?
7. What would be the new
state for that area?
8. How is the District of
Columbia governed now?
9. Give two examples how the
district's local government
is limited.
10. What is the MAIN federal
level argument for statehood?
11. Give two reasons people have
given against statehood.
12. Give an example of a "size"
argument for and against
statehood from the land area
and population points of view.
EXTENDED ACTIVITY:
Develop a media campaign (i.e. ads, editorials, cartoons, posters, feature stories, news stories) for pro and con
arguments for Michigan's Upper Peninsula becoming the State of Superior.
21
ARTICLE V: Proposed Amendment
Activity 15
Article V deals with how the United States Constitution can be changed. The Constitution has endured very few
changes in its 200-year history. In fact, there have only been 27 amendments added to the Constitution and the first
10 of those were added at the same time as the Bill of Rights in 1791. The 27 amendments listed in your student
manual are the only ones ratified by the states. Review a summary of the U.S. Constitution. Think of something
you would like changed, deleted or added to the Constitution. Write up your idea as a proposed amendment to the
Constitution.
PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES
Title: _____________________________________________________
EXTENDED ACTIVITIES:
1. Write an editorial supporting your position for the ratification of your proposed amendment.
2. Create an editorial cartoon supporting the idea in your proposed amendment.
3. Research proposed amendments that did not become amendments to the U.S. Constitution.
22
ARTICLE VI: Supreme Law of the Land
Activity 16
Article VI of the U.S. Constitution is one of the most important provisions of the Constitution. It states
that the "Constitution ... shall be the supreme law of the land." All citizens of the United States are bound
by it, regardless of anything in separate state constitutions or laws. Imagine that you have been hired by
the delegates to the Constitutional Convention to develop a full-page newspaper advertisement promoting
the Constitution as the highest law in the United States. Use the space below for your ad.
EXTENDED ACTIVITIES:
1. Research examples where the Supreme Court has found federal, state, and/or local laws
unconstitutional.
2. Design an editorial cartoon representing the ideas in your ad above.
23
AMENDMENTS: Examining the Bill of Rights
Activity 17
The first 10 amendments to the U.S. Constitution might fall into four categories:
A. Those guarding the liberties and rights of individuals from interference by the federal government;
B. Those defining the legal rights and procedural rights of individuals accused of crimes or otherwise
involved in the resolution of disputes under the law;
C. Those guaranteeing the keeping of rights that are not stated specifically in the Constitution;
D. Those limiting the jurisdiction of the national government and otherwise keeping the
government from having the power to create a dictatorship.
Review the Bill of Rights. Complete the activity below by using the four categories above to categorize
each of the amendments. Then summarize the content of each amendment in your own words.
CATEGORY
AMENDMENT
CONTENT
_________
1
____________________________________________________
_________
2
____________________________________________________
_________
3
____________________________________________________
_________
4
____________________________________________________
_________
5
____________________________________________________
_________
6
____________________________________________________
_________
7
____________________________________________________
_________
8
____________________________________________________
_________
9
____________________________________________________
_________
10
____________________________________________________
EXTENDED ACTIVITIES:
1. Write an editorial in which you give your opinion of which of the four categories listed above is the most
important.
2. Find newspaper articles that give examples of the categories.
3. Imagine that you are a reporter in 1791 when the Bill of Rights was ratified. Write newspaper articles telling
about life in the late 1700s. You may write stories on lifestyles, dress, food, transportation, education, medicine,
and technology.
4. Look through the classified ads section of the newspaper. Read through the items commonly for sale today.
Write classified ads for items that might have been sold in 1791.
5. Read the Help Wanted section of the newspaper. Most of these ads describe the job and mention its fringe
benefits, salary, etc. Design a Help Wanted ad for a typical job you might have had in 1791.
24
AMENDMENTS: What’s the Purpose?
Activity 18
Our Constitution has been amended 27 times since 1791. The first ten amendments make up the Bill of Rights
which was ratified in 1791. The remaining 17 amendments can be grouped into the five categories shown below
which show how they have shaped the powers of government and our political life.
A. Amendments that add to or subtract from the national government's power.
B. Amendments that limit the power of state governments.
C. Amendments that expand the right to vote and give voters greater power.
D. Amendments that change the structure of our governmental machinery.
E. Amendments that limit the behavior of individuals toward other individuals.
Read summaries of amendments 11 through 27. Use this activity sheet to tell which of the five purposes is served
by each of the amendments. If you feel an amendment can be seen as serving more than one purpose, you may list
it more than once. Explain your reason each time you list an amendment by explaining the content of the
amendment.
CATEGORY
AMENDMENT
CONTENT
____A__
11
Deprived federal courts of jurisdiction in lawsuits against states.
_______
12
___________________________________________________
_______
13
___________________________________________________
_______
14
___________________________________________________
_______
15
___________________________________________________
_______
16
___________________________________________________
_______
17
___________________________________________________
_______
18
___________________________________________________
_______
19
___________________________________________________
_______
20
___________________________________________________
_______
21
___________________________________________________
_______
22
___________________________________________________
_______
23
___________________________________________________
_______
24
___________________________________________________
_______
25
___________________________________________________
_______
26
___________________________________________________
_______
27
___________________________________________________
(Adapted from: Lessons on the Constitution; Patrick and Remy)
EXTENDED ACTIVITY:
1. Write an editorial giving your opinion why the U.S. Constitution, adopted over 200 years ago, has remained
the law of the United States. You might also comment on the small number of changes (amendments) in all
those years.
25
Amendments: Which is the “Right” Amendment?
Activity 19
The headlines below refer to rights guaranteed under the Bill of Rights. Review a summary of the Bill of Rights.
On the line next to each headline, write the number(s) of the amendment which includes the right represented. A
headline could include more than one right.
AMENDMENT
_____
1.
HEADLINES
National Rifle Association Fights Gun Control Bill
_____
2.
Thousands Gather for Civil Rights Rally
_____
3.
Official Refuses to Testify at His Trial
_____
4.
Editor Criticizes Proposed Air-Quality Bill
_____
5.
Convict Appeals Severe Sentence
_____
6.
Judge Issues Warrants for Drug Searches
_____
7.
State Claims Land for M-53 Expansion
_____
8.
Public Defender Appointed in "John Doe" Homeless Case
_____
9.
Furman vs. Georgia Outlaws Capital Punishment
_____
10.
Grand Jury Indicts Suspected Car Thief
______
11.
Passover Observances Start at Sunset
______
12.
Reporter Found Innocent in Libel Case
_____
13.
Lawyer Protests Use of "Mystery" Witness
_____
14.
Feds Say Education is a State Responsibility
_____
15.
Stage Set for Louis Farakhan Speech Tonight
_____
16.
Newspaper Supports Stand on Ethics Probe
_____
17.
Private Security Guard Allowed to Register Handgun
_____
18.
Reporter Refuses to Divulge Source
_____
19.
Voluntary Nondenominational Church Services Initiated at Jail
_____
20.
Supporters of Homeless Lead Vigil on Capitol Steps
EXTENDED ACTIVITIES:
1. Review the rights included in all the amendments to the U.S. Constitution. Find other headlines and articles in
the newspaper that represent examples of these rights.
2. Create headlines for other rights included in the amendments. See if the class can guess the amendment the
headline refers to.
3. Using newspaper clippings of words, phrases, headlines, and photos — prepare a collage representing the Bill
of Rights.
26
AMENDMENTS: BILL OF RIGHTS RACE
Activity 20
This activity is a race designed to get you familiar with the Bill of Rights-related items in the newspaper. The more
quickly you get to know your newspaper and its contents, the better your chance of winning the race.
Work in pairs or small groups of 3 or 4 students. Each group will need copies of the newspaper from a variety of
days, scissors, glue and one large piece of paper. Find, cut and paste one sample headline or article for as many of
the following items as you can find in the newspaper.
OPTION: If you would prefer that the newspaper not be cut up for this activity, have the students merely record the
page/section number and the headline and a brief summary of the article in which they find the required
information.
1. A reference to a religion.
2. An example of freedom of speech where someone has given their OPINION on something.
3. An example of someone criticizing the government for something.
4. An example from the editorial page of freedom of the press.
5. An example of freedom of assembly where a group met peacefully.
6. An example of freedom to petition where someone is asking the government to improve or change something.
7. A reference to someone bearing arms (weapons).
8. The name of someone who was arrested.
9. A reference to a search of someone's property, house, etc.
10. The name of someone on trial.
11. The name of someone who is refusing to testify against himself in a trial.
12. A reference to witnesses of a crime.
13. An example of a fine or punishment for someone found guilty of a crime.
14. An example of a right in the Bill of Rights being denied or challenged.
15. The name of a Supreme Court Justice or a lower court judge.
EXTENDED ACTIVITY:
1. To which amendment does each of these items refer?
27
AMENDMENTS: Rights, Duties, Responsibilities
Activity 21
The Bill of Rights gives Americans certain rights, such as the right to speak freely and the right to a speedy trial.
But along with rights, all American citizens have certain duties and responsibilities. Duties are things that
American citizens MUST do. They help protect the rights of all the people and keep the country running smoothly.
Responsibilities include things that all of us SHOULD do, but are not forced to do by law. For example, it is very
important for every person of voting age to vote so that our government is truly a democracy, as the writers of the
Constitution planned.
Next to each duty and responsibility listed below, write why you think they are necessary. Then find newspaper
articles which give examples of people fulfilling their civic duties and responsibilities to their community, country
or the world. Write a summary of the example.
DUTIES OF CITIZENSHIP:
1. Obey the law.
WHY?
EXAMPLE:
2. Go to school.
WHY?
EXAMPLE:
3 Pay Taxes.
WHY?
EXAMPLE:
4. Serve in Armed Forces.
WHY?
EXAMPLE:
RESPONSIBILITIES OF CITIZENSHIP:
1. Be Informed
WHY?
EXAMPLE:
2. Take part in government.
WHY?
EXAMPLE:
3. Vote
WHY?
EXAMPLE:
4. Help your community.
WHY?
EXAMPLE:
EXTENDED ACTIVITIES:
1. Write an editorial supporting the duty or responsibility you feel is most important.
2. Discuss why rules are needed in our society. Look through the newspaper to find examples of rules or laws
mentioned.
28
AMENDMENTS: Bill of Rights Today
Activity 22
The first 10 amendments to the U.S. Constitution are known as the Bill of Rights. They were added to the
Constitution to make sure that the rights of American citizens were protected against the power of the government.
Read the newspaper articles below and decide whether you feel the action taken is constitutional or
unconstitutional without reading the Bill of Rights. Then refer to a summary of the Bill of Rights and make any
changes in your decisions that you wish.
1. Mrs. Kowalski claimed that the Department of State owed her $75 for altering office drapes last summer. The
Department of State denied it. Kowalski wanted to settle the case in Small Claims Court, but the State
Department demanded a trial by jury. The State Department actions were (constitutional/unconstitutional)
because ...
2. The local National Guard unit was on a 10-mile hike last month through the Huron National Forest near Mio,
Michigan. Suddenly there was rain and lightning. The commander feared that his men might be struck by
lightning as they tried to stay dry under the trees. He ordered Mrs. Smith, who lived near the park, to let his men
stay in her basement until it stopped raining. Mrs. Smith refused. Mrs. Smith's action was
(constitutional/unconstitutional) because ...
3. Five years ago Bob Stem was tried and found innocent of the robbery of Pike's Party Store. Last month Sheriff
Rouge found new evidence. He has put Bob back in jail to stand trial for the robbery again. Sheriff Rouge's
action is (constitutional/unconstitutional) because ...
4. John Grady has been caught stealing 10 times in the past two years. He has spent some time in jail, but has not
learned his lesson. He continues to steal whenever he can. He was guilty of stealing again for the 11th time last
week by Judge Stone. Because jail sentences have not worked in the past. Judge Stone has decided that John
Grady's punishment this time is to have his right hand cut off. The decision of Judge Stone is
(constitutional/unconstitutional) because ...
5. Mr. Johnson lives by himself in an old house on his family's old farm. He never speaks to any of the
townspeople and chases away the children who like to play by the pond on his property. Last week, Johnson
bought himself a rifle. The parents of the children fear that he may intend to use this rifle on the children who try
to play by his pond. They have asked the sheriff to take the gun away because they feel Mr. Johnson is
unfriendly. The sheriff agreed. The sheriff's action is (constitutional/unconstitutional) because...
EXTENDED ACTIVITIES:
1. Write a headline for each of these stories.
2. Identify the five W's (who, what, when, where, why) in these stories.
3. Find articles in the newspaper dealing with rights mentioned in the Bill of Rights.
4. What would life be like without freedom of the press. Draw a red "X" through each article in the newspaper that
is in any way critical of our government or the American way of life. Discuss the key role a free press plays in a
democracy.
29
AMENDMENTS: Polling the Bill of Rights
Activity 23
People are often asked to express their opinions by answering questions. These opinion polls show how people feel
about a variety of topics. Many people are asked the same question in a poll. Then all of the answers are counted
and the results are reported in the media.
Polls give information which can help people make decisions. The polls show what people are thinking. Legislators
sometimes use polls to help them decide how their constituents want them to vote on certain issues or what new
legislation they should pass.
Wise poll readers will study a poll closely. They try to find out who was questioned, how many were questioned,
when they were polled and why they might have answered as they did. These are all factors which can influence
how a poll will turn out.
TAKE A POLL:
Listed below are a number of situations which relate to people's rights. Find out what people in your school and
community think about these situations. Read each statement below to the people you are polling. BUT DO NOT
MENTION THAT THEY ARE RELATED TO THE BILL OF RIGHTS. Then record their responses. When you
are done, tally your responses to see how the Bill of Rights would fare if they were voted on by people today.
(NOTE: Your teacher will be able to tell you which responses indicate support for the Bill of Rights.)
AGREE DISAGREE
______ ______ 1. To effectively combat terrorism, police must sometimes secretly break into the headquarters of
suspects to obtain evidence.
______ ______ 2. A leader of the Communist Party should not be allowed to give a speech in your town
advocating a change in our form of government.
______ ______ 3. A person convicted of a brutal murder should be executed in exactly the same manner in which
he/she killed the victim.
______ ______ 4. Your town council should not grant the American Nazi Party's request to have a march and rally
at the courthouse square.
______ ______ 5. A woman should not have the right to speak at a community meeting urging that a law be passed
that would limit the number of children a family can have.
______ ______ 6. Newspapers that preach revolution should be banned.
______ ______ 7. A classroom teacher who criticized the policies of the local juvenile court can be taken from the
classroom without a warrant and brought before the judge for an official reprimand.
______ ______ 8. Books that support communism or atheism should be removed from the library.
______ ______ 9. A public school system can fire teachers who do not belong to a Christian church because a
majority f the citizens in the community demand that this be done.
______ ______ 10. Torture is not too strong a punishment for a drug pusher convicted of giving heroin to a 12 year
old.
(Adapted from: Lessons on the Constitution; Patrick and Remy)
EXTENDED ACTIVITIES:
1. Rephrase the Bill of Rights into modern day language. Show your new version to people, but do not tell them it
is from the Bill of Rights. Take a survey to see how many people would agree with these same rights today.
2. Make a graph or chart using the data you have gathered in your polls. This would be a simple way to summarize
your results.
3. Record the tally of responses on a particular question. Then, hold a debate in your classroom over the question
on the poll. Take a new tally of responses AFTER the debate. Were there any changes in the results?
30
AMENDMENTS: Is It Legal?
Activity 24
The first 10 amendments to the United States Constitution are known as the Bill of Rights. They were added to the
Constitution to make sure that the rights of American citizens were protected against the power of the government.
Read the news story summaries below and decide whether you feel the action taken is constitutional or
unconstitutional. If you feel it is unconstitutional, indicate which amendment it violates.
1. In the 1960's Clarence Gideon was charged with robbing a cigarette machine in the Bay Harbor Poolroom in
Panama City, Florida. He could not afford a lawyer to defend him in court. When he asked the judge at his trial
to appoint a free lawyer to defend him, the judge refused. Gideon was convicted and sent to prison. Was this
constitutional or unconstitutional?
2. The county commissioners passed a one-percent tax on liquor which will be spent to build an all-denominational
church for the county. The law requires that the minister must be a Christian and every student under the age of
16 must attend Sunday School at the church at least once a month. Is this constitutional or unconstitutional?
3. Adam Smith's farm was situated in the route of the new M-59 highway expansion. He did not want to sell his
land, but the government said that it had the right to take private property for public use. The government gave
him $ 175,000 which is the amount that three separate realtors appraised the farm to be worth. Was this
constitutional or unconstitutional?
4. The Board of Education of the local school district ruled that its public schools would have a required meditation
period when 15 minutes would be set aside for students to recite a prayer written by a Board member. The time
would also be set aside to have Bible passages read aloud and the Lord's Prayer recited. Is this constitutional or
unconstitutional?
5. In the 1960s, John and Mary Beth Tinker of Des Moines, Iowa decided to wear black armbands to protest
American involvement in the Vietnam War. Their school had banned the wearing of protest armbands but did
not ban the wearing of any other symbols. The students were suspended because of the violation of the armband
rule and because school officials feared a disturbance might erupt at school. Was this constitutional or
unconstitutional?
EXTENDED ACTIVITIES:
1. Write a headline for each of these stories.
2. Identify the 5 W's (who, what, when, where, why) in these stories.
3. Find articles in the newspaper dealing with rights protected by the Bill of Rights.
31
AMENDMENTS: Legal Nightmares
Activity 25
Imagine what it would be like to live in a country that did not have a Bill of Rights like ours. Identify which
amendment protects citizens in each of the following cases by writing the amendment's number on the lines to the
left.
AMENDMENT
_______
SITUATION
1. The Congress passes a law making one religion the established (official)
church of the United States, supported with government funds.
_______
2.
Susan is forced to answer questions about herself during her trial even when
she does not want to.
_______
3.
Police randomly go house-to-house to look for suspicious items without any
kind of search warrant.
_______
4.
You are found guilty in a trial you were not allowed to attend with witnesses
you never had a chance to hear.
_______
5.
Officials must pass a religion test before running for public office.
______
6.
Richard was too poor to hire a lawyer so he had to defend himself at his trial.
_______
7.
The government takes your land to build a new road and does not pay you for
it.
_______
8.
Citizens can be arrested for criticizing the President.
_______
9.
Groups of three or more cannot gather together.
_______
10. John is kept in jail for two years before he is put on trial for the crime he was
accused of.
_______
11. Janice is arrested and is not told the reason for her arrest.
_______
12. The army can steal your food to feed the soldiers.
_______
13. All guns are taken away from citizens.
_______
14. You are found to be innocent at your trial. The judge does not like the
verdict, so she decides to put you on trial again for the same crime.
_______
15. Linda's hand is cut off for stealing a loaf of bread.
EXTENDED ACTIVITIES:
1. Draw an editorial cartoon representing the injustice of one of the situations described above.
2. Find articles in the newspaper that describe unjust legal situations in this country or other countries.
32
AMENDMENTS: Legal Interpretations
Activity 26
The case study method is useful in developing analysis and critical thinking skills as well as acquainting students
with legal problems relating to constitutional questions. Use your library or the internet to research landmark
Supreme Court decisions related to the Bill of Rights. Then use one to complete this "Bill of Rights Case Study"
sheet.
BILL OF RIGHTS CASE STUDY
Case Name:
Decision Date:
Facts of the Case:
Legal Issues:
Decision:
Court's Reasoning:
Student's Comment:
Source of Information:
EXTENDED ACTIVITY:
1. Follow a court case as it is reported in the newspaper. Complete a case study sheet on that court case.
33
AMENDMENTS: STHGIR VS. RIGHTS
Activity 27
It is the year 2006 and you are living a quiet prosperous life in your state. You are quietly watching television with
your family when a special news bulletin comes over the TV station. You immediately see that this is not the
normal type of news bulletin because there is a very strange creature on the screen — the only thing which is
familiar is that he is speaking English. He tells you that he and his people have gained control over all of the
communications networks in the United States and that everyone had better pay attention to what he has to say.
You change the channel — and just as he said — there he is on every station. He begins to speak very loudly, and
you gather your family around because you are beginning to worry about what he is going to do. His speech is as
follows.
"My name is STHGIR and I am from the planet of NOITUTITSNOC in another galaxy where
the inhabitants are far superior to the beings on this planet EARTH. Just as we have gained control
over communications of the United States, we have the ability to take complete control over every
one of your lives. We do not want a war between our planet and yours, but we do want to control
some things so that we can live in peace and harmony with you. We have looked at some of your
laws and the way your government operates and have found it to give too much freedom to the
individual. Therefore, we are going to conduct a survey to try and arrive at a decision both you and I
will be happy with.
As I have said, I do not want to take everything away from you — but I can't allow you to
continue to live as you have in the past. Therefore, I am giving you a list of 10 of the rights which
you now have according to your Constitution. You are to look over the list and decide which of the
10 are most important to you. I will allow you to keep FIVE of the 10 rights, the five which get the
most votes from all the citizens of the United States.
You are to rank the following rights in the order in which you would give them up, with 1
being the one you would give up last and 10 being the one you would give up first. After you have
completed your ranking, you will compare them with your fellow citizens to determine the five
rights your group will give up."
_____ Right to bear arms
_____ Right to freedom of speech
_____ Right to legal counsel
_____ Right to protection from cruel and unusual punishment
_____ Right to freedom of press
_____ Right to a jury trial
_____ Right to freedom of religion
_____ Right to peacefully assemble
_____ Right protecting one from testifying against oneself
_____ Right to privacy
EXTENDED ACTIVITIES:
1. List the 10 rights on the board and poll the class on their rankings of each freedom. Ask students to give the
reasoning behind their choices.
2. Choose one amendment in the Bill of Rights. Write a feature story on how your life and our society would be
different if that amendment had never been adopted.
34
AMENDMENTS: Without the Bill of Rights
Activity 28
Read the 10 amendments that make up the Bill of Rights. Imagine that the protection in the Bill of Rights did not
exist for citizens in this country.
Now, look through the newspaper. How many stories in the newspaper are affected by one or more of the first 10
amendments? Pick one story and try to imagine how it would have turned out had the Bill of Rights not existed.
Rewrite that story here to show how you think it would have turned out. Be sure to include the 5 W*s (Who, What,
When, Where, Why) in your revised story.
The revised story:
What rights are missing from the revised story?
EXTENDED ACTIVITY:
1. Keep a diary of all your activities for a single day. Then read through the U.S. Constitution, looking for parts of
it that apply to any of the activities you wrote about in your diary. In how many ways did the Constitution affect
the activities you recorded?
35
AMENDMENTS: Rewrite the First Amendment
Activity 29
The legal profession has sometimes been accused of using a different language called "legalese." The common
person can find it difficult to understand what is actually meant by the terms used.
In this activity, you will have the opportunity to translate the language of the Constitution to your own level of
understanding. Rewrite the First Amendment using synonyms more common to your vocabulary.
THE AMENDMENT
Congress shall make no law
YOUR INTERPRETATION
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 assembly,
and to petition the government for redress of
grievances.
EXTENDED ACTIVITIES:
1. Look through the newspaper and start a glossary of government and legal terms you do not understand. Record
the terms and a brief definition of them.
2. Rewrite other amendments by putting them into your own words.
3. Rewrite the Preamble to the U.S. Constitution by putting it into your own words.
36
AMENDMENTS: How “Free” is Free Speech?
Activity 30
The First Amendment guarantees our freedom of speech. But are there limits to this freedom?
Supreme Court Justice Oliver Wendell Holmes in Schenck v. United States (1919) determined that at times
personal freedom of speech must give way to the greater needs of society as a whole. Holmes wrote:
"But the character of every act depends upon the circumstances in which it is done. The most stringent protection
of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic ... The question in
every case is whether the words are used in such circumstances and are of such a nature as to create a dear and
present danger that they will bring about the substantive evils that Congress has a right to protect..."
Complete this questionnaire then discuss your opinions with your classmates.
DOES THE FIRST AMENDMENT PROTECT SOMEONE WHO ...
YES/NO
1. makes a political speech in support of a candidate for mayor?
_______
2. publicly criticizes the president?
_______
3. makes a pro-Nazi speech outside a Jewish community center?
_______
4. uses a loudspeaker sound track to broadcast his message in a residential area?
_______
5. pickets a university administration building in support of a demand for more
black professors and increased black student enrollment?
_______
6. wears a white armband to school to show support for Osama Bin Ladin?
_______
7. telephones the school with a fake bomb threat?
_______
8. burned his draft card to protest soldiers being sent to Iraq?
_______
9. writes a book praising the terrorists?
_______
10. attends a meeting of the Ku Klux Klan?
_______
11. assembles a group to protest a city policy and in doing so blocks the sidewalks?
_______
12. wants to buy an ad in the school newspaper to criticize the school board?
_______
13. throws a rock that has a message tied to it reading "Free all political prisoners!"
through a window of the county jail?
_______
14. urges an angry crowd to march on city hall and "teach those in power a lesson?"
_______
15. falsely shouts "bomb!" in the gym while it is filled with people watching a basketball game.
_______
16. makes false claims in an ad for a product offered for sale?
_______
17. threatens verbally to kill you?
_______
18. carves obscene messages in desk tops at school?
_______
19. collects signatures on a petition opposing a planned zoning change?
_______
20. damages your reputation by publishing lies about your private life?
_______
EXTENDED ACTIVITIES:
1. Find articles or ads in the newspaper that may be stretching the truth with their claims.
2. Read the lead article in today's newspaper. How could you verify the facts of the article to make sure everything
is being reported accurately?
3. List ways in which free speech is a part of everyday American life. Point out how many of your classes invite
open discussion and conflicting points of view, and how public disagreements are seldom improper or illegal.
Can you recall instances when leading public officials have been publicly criticized?
37
AMENDMENTS: Freedom of Speech in the Classroom
Activity 31
Will Bush flap influence teachers?
■ Beverly Hills native who compared words of president to Hitler’s is reinstated; he will be more balanced, lawyer
says.
By Joe Menard
Jay Bennish’s
return to the classroom
Monday ends his weeks-long saga over
comments he made comparing President
Bush to Adolf Hitler, but some educators say
the controversy may have a lasting effect on
teachers who like to push the envelope to
stimulate their students.
In suburban Denver, 10th-grade student
Sean Allen recorded 20 minutes of Bennish’s
lecture to his class on Bush’s State of the
Union address and turned it over to
conservative columnist and talk radio,
sparking a national controversy.
Some educators fear the incident could lead
to some other students complaining about
outspoken teachers. They also believe it may
discourage teachers from challenging their
students with alternative viewpoints on
controversial issues to teach them to think for
themselves.
“It’s scary. If that mentality seeps into our
schools, we’re doomed,” said Margaret
Trimer-Hartley, spokeswoman for the
Michigan Education Association, the state’s
largest teachers union.
“We’re destined to squelch the debate that
makes us a strong society.”
During his lecture, Bennish said some of
Bush’s speech the night before “sounds a lot
like things that Adolf Hitler himself used to
say.”
Administrators from Cherry Creek School
District decided Friday to reinstate Bennish,
who teaches social studies and geography at
Overland High School.
The 28-year old Beverly Hills native and
1996 Seaholm High School graduate had
been on paid administrative leave since
March 1.
Superintendent Monte Moses said Bennish
was being reinstated, but Moses declined to
say what the investigation found or whether
Bennish had been punished.
He did say that Bennish’s “practice and
deportment need growth and refinement” and
that
school
officials
had
made
recommendations for Bennish in the report.
Bennish’s lawyer, David Lane, also refused
to say whether his client would be punished
but pointed out “he’s not losing one nickel”
of pay.
“Jay’s teaching style will perhaps be, as
some would say, a little more fair and
balanced on a minute-to-minute basis,” Lane
said.
“When you put out one side, put out the
other then and there.”
Lane said Bennish’s classes have been
balanced over the course of the whole
semester.
On Friday, Bennish said he would continue
to strive to be a better teacher and present
topics that “affect our society and the world.”
“I’m very excited to continue to encourage
students to think critically, to encourage
democratic values and to promote social
justice just as I have always attempted to do,”
said Bennish, who on his 2000 application for
a teaching position wrote those were among
his main objectives.
The controversy prompted calls to the
school district from around the country and
even elicited a comment from President
Bush.
Asked about Bennish on Friday, Bush said,
“People should be allowed to criticize me all
they want, and they do.”
Bennish’s parents John and Jan, said they
were happy the saga reached a conclusion
after two turbulent weeks that included
violent threats against the Bennish and Allen
families.
“We’re pleased with the outcome,” John
Bennish said from his Beverly Hills home.
“It was an unfortunate situation. I think
we can all get on with our lives now.”
He said his son handled the pressure
form the national spotlight well.
“He’s pretty stressed out, like we all
are,” he said.
“We’re very proud of the way he
handled himself. Jay can get on with his
teaching career and his life.”
The student’s father said he hopes the
incident serves as a model for other
students.
“I’m hoping this incident is going to
bring about other change around the
country that will take over from this,” Jeff
Allen said.
Because of threats against his safety, the
Allen family has not decided if their son
will return to Overland High School.
Fred Regan, a retired Chippewa Valley
High School social studies teacher who
taught for 30 years, said he hopes the
incident helps remind teachers to balance
their material, but not shy away from
controversy.
“You are always going to have parents
who are trying to nail a teacher” said
Regan, “who ruffled several feathers in his
career while teaching students about the
issues of the time, including the Vietnam
War, Watergate and Roe v. Wade.
“These sere some to the worst issues
ever. There were times when I got parents
upset. Education is supposed to challenge
people and challenge kids.
“I hope (Bennish) learns, and it makes
him a better teacher.”
The Detroit News
March 12, 2006
1.
Why was teacher Jay Bennish suspended from his teaching job?
2.
What do some educators fear may happen as a result of this incident?
3.
According to his lawyer, how will this incident, the suspension and reinstatement perhaps affect the
teacher’s teaching style?
4.
5.
What was one of Bennish’s teaching goals that he included on his job application?
6.
How did President Bush react to this incident?
Select a potentially controversial issue from the newspaper. Create a chart in which you list the pro and con
viewpoints of this issue.
EXTENDED ACTIVITY:
Select one side of this issue and write a persuasive essay stating and supporting your point of view on the issue.
38
AMENDMENTS: The “Watchdog”
Activity 32
Newspapers can serve as a "watchdog" of government through investigative reporting. This type of reporting tends
to analyze the role of government or the power of government officials. This is an important First Amendment
right. Some say it helps keep the government "on its toes" and responsive to the public.
The most famous "watchdog" reporting took place in 1973 when reporters of the WASHINGTON POST led an
investigation that uncovered the Watergate scandal. This extensive investigation eventually led to the resignation
of President Richard Nixon.
Find articles from the newspaper that illustrate this "watchdog" role of reporting and complete the activity below.
1. What part of the government is being investigated?
2. What specific activities are being reported?
3. Who is involved?
4. When did the events take place?
5. Where did the situation occur?
6. Why does the reporter feel the situation is worth investigating? Why is it important?
7. Do you feel the reporter's investigation is justified?
8. What do you feel will develop as the next stage of the investigation?
9. Follow the story for the next few days or weeks to see how it develops.
EXTENDED ACTIVITIES:
1. Look through the newspaper and list other stories/situations that might warrant an investigative reporting
"watchdog" assignment by newspaper reporters. Why did you choose these stories?
2. Invite a reporter to your classroom to speak on the Constitutional right to Freedom of the Press.
39
AMENDMENTS: Defining Reasonable Search
Activity 33
Generally, a search is any "forcible seeking out, prying into hidden places, exploratory investigation." The
Supreme Court has defined a search as "any governmental violation of a person's reasonable and justified
expectation of privacy." A seizure must involve action by the government.
The general rule laid down by the Fourth Amendment is that police have no "general" right to search for evidence
or to seize either evidence or persons. Except in particular circumstances, they must have a proper warrant (a court
order), obtained with probable cause (reasonable grounds).
There are, however, many situations in which a lawful search and seizure can be made without a warrant. For
example, no warrant is necessary when police are in "hot pursuit" of a suspect. Nor do police need a warrant to
search an automobile, a boat, an airplane, or other vehicle they have good reason to believe contains evidence of a
crime or is being used to commit one — because such a "movable scene of crime" could disappear while the
warrant was being sought. But police cannot stop a motorist at random. They first must have good reason to
believe that a law is being broken.
The Fourth Amendment protects "persons, houses, papers and effects"; but open fields can be searched without a
warrant. Nor is a warrant needed to seize evidence "in plain view."
Read the following summaries of newspaper articles. They describe situations that might involve a reasonable
search. Decide whether there has been a reasonable search within the meaning of the Fourth Amendment.
REASONABLE SEARCH?
YES/NO
1. A garage mechanic who is working on Sam's car notices some bags of marijuana under the spare
tire and turns it over to the police.
_________
2. The police see Mark — a known drug pusher — standing at a bus stop. They stop and search him,
and find a bag of cocaine in his pocket.
_________
3. The police go to Joe's house. His wife agrees to let them search the house for drugs. They find
marijuana in a kitchen cupboard.
_________
4. Marge is arrested for burglary. A police officer searches her clothing and finds an
unregistered handgun.
_________
5. The police see Phil pacing back and forth nervously in front of a jewelry store in an area of the
city where there have recently been a series of robberies. When an officer stops and frisks Phil,
he feels something he thinks is a gun and pulls out a metal container filled with cocaine.
_________
6. Dave's neighbors report that screams are coming from his house. The police arrive to investigate
and they also hear screams. When no one answers their knock, they enter the house and find two
bags of heroin on the dining room table.
_________
7. Mary's boyfriend breaks into her apartment and looks through her desk for love letters.
_________
8. Jean runs a stop sign and races to get away from police. After a brief chase, she is stopped by the
police. They notice stolen merchandise on her back seat.
_________
EXTENDED ACTIVITIES:
1. Find newspaper articles that mention or describe search and seizure situations.
2. Find an article concerning a crime or an arrest. Imagine that you are a reporter and create a story about a legal
and reasonable search that could have taken place at the time of the arrest.
40
AMENDMENTS: Search and Seizure at School
Activity 34
The Fourth Amendment protects citizens "against unreasonable searches and seizures." Should these laws
prevent school officials from searching students or their lockers in school without a search warrant? Read
this news article concerning the New York v. Overton case and see what you think.
STUDENT'S LOCKER SEARCHED
Mt. Vernon, New York police detectives showed a search warrant to the vice-principal of Mt. Vernon
High School and asked his help to search Carlos Overton. The detectives searched Overton and found
nothing. They then searched his locker where they found four marijuana cigarettes.
Overton's lawyer argued that the warrant did not allow the police to search the student's locker.
Therefore, he declared that the entire search was illegal, and the evidence found in the locker cannot be
used against his client.
The police, however, claimed that the vice-principal consented to the search, that he had a right to do so,
and that the evidence should be used in court.
1. Should school officials be able to search students or their lockers? Can you think of some circumstances when
they ought to search? Are there some when they should not?
2. Should a principal be able to allow police to search student lockers?
3. Who owns the school lockers?
4. Should the student lockers be respected as private property? Should administrators be able to search lockers
through the proper legal methods?
5. What is the policy of your school with regard to locker searches or inspection?
6. What do you think the courts decided in the case of New York v. Overton? (Your teacher has the court
decision.)
EXTENDED ACTIVITY:
1. Write a "Letter to the Editor" giving your opinion of the verdict in the New York v. Overton case.
41
AMENDMENTS: Miranda Rule
Activity 35
Under the Fifth Amendment, a defendant in a criminal case does not have to take the stand in his own defense. It
also protects any other witness from having to answer a question that would tend to involve him in a criminal
offense. Until recent years, this right to remain silent was traditionally limited to questioning under oath — as in
criminal or civil trials, grand juries, or Congressional committees.
But, in the Supreme Court case of Miranda v. Arizona (1966), the right was also extended to police questioning
during pretrial stages. This case protects people who are arrested as suspects. In it, the Supreme Court decided that
before the police can question people they have arrested they must tell them their rights. One right is the right to
remain silent and not answer police questions. Another is the right of the accused to have a lawyer.
MIRANDA WARNING
Before asking you any questions, it is my duty to advise you of your rights:
1. You have the right to remain silent.
2. If you choose to speak, anything you say may be used against you in a court of law or
other proceeding;
3. You have the right to consult with a lawyer before answering any questions and you may
have him present with you during questioning;
4. If you cannot afford a lawyer and you want one, a lawyer will be provided for you without
cost to you;
5. Do you understand what I have told you;
6. You may also waive the right to counsel and your right to remain silent and you may
answer any questions or make any statement you wish. if you decide to answer questions
you may stop at any time to consult with a lawyer.
1. Besides the person being arrested, who else might be affected by the Miranda Rule? Explain.
2. Why do police officers sometimes see the Miranda Rule as an obstacle to effective law enforcement?
3. What are the benefits of the Miranda Rule?
EXTENDED ACTIVITY:
1. Look through the newspaper and find situations where the Miranda Rule may have been used.
42
AMENDMENTS: Other Rights
Activity 36
The Ninth Amendment suggests that we have even more rights than those listed in the Constitution. It was not
possible or practical to list all the rights of the people in the Bill of Rights. This amendment clearly states that the
people do have rights other than the ones listed, and that these must be respected by the government.
Listed below are some other rights that we tend to take for granted. List other rights in the blank spaces provided.
Find references (i.e., stories, ads, etc.) to these rights in the newspaper and tell how the right is involved.
ADDITIONAL RIGHTS
NEWSPAPER REFERENCE
DATE
PAGE/
SITUATION
SECTION
Right to marry
Right to date
Right to privacy
Right to a job
Right to live on your own at a certain age
Right to pursue happiness
Right to have a car
Right to stay out late
Right to an allowance
Right to have somewhere to live
Right to choose your friends
Right to an education
43
AMENDMENTS: “Walk a Beach” — Editorial
Activity 37
The structure of an editorial is similar to a rocket ready for blast-off.

The body of the rocket represents the opinion the writer wishes to launch.

2-3. The two legs of the gantry surrounding the rocket are the facts and
arguments that support the opinion.
4. Flames at the base of the rocket show the conclusion that the writer
hopes will launch the opinion and fire the reader into agreement and/or
action.

Use the editorial "Walk a Beach” 'which deals with a recent court case in
Michigan to fill out the following information as it pertains to the rocket model
mentioned above.
1. (Opinion)
2. (Support)
3. (Support)
From the Detroit Free Press,
February 23, 2006
EXTENDED ACTIVITIES:
1. Write your own editorial supporting or opposing the topic included in the editorial above.
2. Create an editorial cartoon for the editorial above.
3. Select an article from today's editorial page and explain how it fits the "rocket model." Do you agree or disagree
with the editorial7 Why?
44
MISCELLANEOUS: Perjury in the Courtroom
Activity 38
From the Detroit Free Press,
1. What is perjury?
March 28, 2006
2. Why are so few perjury cases prosecuted?
3. How does Judge Warren handle perjury cases?
4. What are the possible punishments if one is found guilty of perjury?
5. What affect has Judge Warren’s tactics had on lawyers?
6. What does judge Warren hope will improve by coming down harder on those who lie under oath?
EXTENDED ACTIVITY:
Write an editorial explaining why witnesses lying under oath in court can get in the way of justice.
45
MISCELLANEOUS: Checks and Balances
Activity 39
How could the United States avoid being ruled by a king or a dictator? The Founding Fathers had a good answer,
consisting of two steps. First, divide the power of the government into three branches. Second, give each branch
power to check the actions of the other two so that no branch gets too much power.
The first three articles of the U.S. Constitution describe the separation of powers giving each of the three
branches (legislative, executive, and judicial) only part of the powers of government. Members of the legislative
branch have most of the power to make laws for the country. Members of the executive branch have most of the
power to enforce or carry out the laws. And members of the judicial branch interpret the law, hold trials in court
and punish offenders of the law. Under such a system, no person or group of people can command all the power
of the government.
Separation of powers is a strong safeguard against tyranny. But the Founding Fathers did not feel safe until they
had added a second step to prevent one of the three branches from becoming too powerful. We call this second
step "checks and balances." The chart below helps illustrate how this system works:
THE SYSTEM OF CHECKS AND BALANCES
Branch
Executive
(President)
POWERS
CHECKS
President enforces laws; appoints officers;
makes treaties; appoints Supreme Court
judges; serves as commander in chief of the
United States Army and Navy and of the
state militia.
Congress shelves bills proposed by
President; overrides vetoes; refuses to
confirm appointments and to ratify
treaties; impeaches the President.
(Congress)
Congress passes laws; approves treaties
and appointments; provides for and maintains the
navy and for calling of the militia; collects taxes;
pays debts; borrows and coins money; regulates
trade.
Judicial
Supreme Court interprets laws and treaties;
judges appointed for life; Chief Justice
presides at impeachment of President.
Legislative
(Courts)
Supreme Court declares laws or
executive acts unconstitutional.
President vetoes laws; calls special
sessions of Congress.
Source: The American People-A History to 1877, McDougal, Littel and Company, 1986
Look through issues of the newspaper. Find examples of legislative, executive and judicial powers. Also find
examples of checks being used to balance the powers of the branches. Write the headline or copy the portion of
the article that illustrates your example.
EXAMPLE OF: EXECUTIVE POWER:
LEGISLATIVE POWER:
JUDICIAL POWER:
A "CHECK" ON THE POWER OF THE EXECUTIVE:
A "CHECK" ON THE POWER OF THE LEGISLATURE:
A "CHECK" ON THE POWER OF THE JUDICIARY:
46
MISCELLANEOUS: Endangering the Balance of Power?
Activity 40
1. What reason does President
Bush give for disobeying certain
enacted laws?
2. What are some types of laws
President Bush feels he can
ignore?
3. What does the Constitution say
about laws and Congress and the
President?
4. How do legal scholars feel
President Bush is infringing on
the powers of Congress and the
courts?
5. What are “signing statements”?
How often does President Bush
append signing statements to
bills?
From the Detroit Free Press,
May 1, 2006
EXTENDED ACTIVITY:
1. Write an editorial giving your opinion for or against President Bush’s practice of deciding on the
constitutionality of bills that he signs and deciding which parts of the bill he will or will not enforce.
2. Hold a classroom debate. One side should take the position that the president should enforce any new laws
exactly as Congress passes them. The other side should take the position that the president has the right to
select which parts of the new laws he wants to enforce.
47
MISCELLANEOUS: Help Wanted
The U.S. Constitution specifically states certain
requirements for holding federal office. But, as
the chart below shows, the requirements are very
minimal. There are usually many "unwritten"
requirements that are considered when these
positions are filled. During the election or
appointment process, other "qualifications"
considered are the person's experience, style,
personality, political viewpoints, character traits,
and much more.
Activity 41
Requirements for Holding Federal Office
Position
House of
Representatives
Senate
Minimum
Age
25
30
Residency
State in which
elected
State in which
elected
14 years in
The United
States
none
Citizenship
7 years
9 years
naturalborn
none
President
35
Think about what an ideal federal official would Supreme Court
none
be like. Look at the classified section of the
newspaper and read over some of the Help
Wanted advertisements. Familiarize yourself with the qualifications and desired characteristics of the various
jobs advertised.
Now use the space below to create a help-wanted ad seeking the ideal person for President of the United
States, U.S. Senator, U.S. Representative or Justice of the U.S. Supreme Court.
EXTENDED ACTIVITIES:
1. Try to find out how much it would cost to actually run this ad in the newspaper.
2. Look through the Free Press and find as many words and phrases as you can that describe a good president.
Clip out the words and phrases and mount them on paper with the title, "A Good President is ..."
3. Use the words and phrases you found above to write a press release about "your ideal" president.
4. Select the one U.S. President who you feel was the “greatest” one. Write an essay explaining why you feel this
person was our nation’s best president.
5. Make a bulletin board display of newspaper articles dealing with the three branches of government.
48
MISCELLANEOUS: Constitutional Competition
Activity 42
This activity is a race designed to get you familiar with the constitutional-related items in the newspaper. The
more quickly you get to know your newspaper and its contents, the better your chance of winning.
Work in pairs or small groups of three to four students. Each group will need copies of the newspaper, scissors,
glue and one large piece of paper. Find, cut and paste one sample headline or article for as many of the following
items as you can find in the newspaper.
If you would prefer that the newspaper not be cut up for this activity, have the students merely record the
page/section number and the headline of the article in which they find the required information. The students
could also summarize the reference to the item listed.
1. The name of a Supreme Court justice or lower court judge.
2. The name of a member of the executive branch of the government.
3. The name of a U.S. senator.
4. The name of a U.S. representative.
5. An example of Congress exercising its powers.
6. An example of the president exercising his powers.
7. A reference to a trial.
8. An example of a right in the Bill of Rights being exercised.
9. An example of a right in the Bill of Rights being denied or challenged.
10. An example of Michigan government in action.
49
MISCELLANEOUS: Create a Constitution
Activity 43
A constitution is defined as the fundamental principles of a nation, state or group that determine the powers and
duties of the government and guarantee certain rights to the people. Constitutions can be for nations, such as our
U.S. Constitution, all the way to clubs one might belong to. It basically spells out the way in which the group is
organized and the way the power is distributed.
Imagine that your class has been shipwrecked on a deserted island. You see the need for some sort of
governmental organization to insure your survival. Use the model below and write your constitution. It should be
written very clearly to prevent confusion.
ARTICLE ON GENERAL GOVERNMENT: What jobs and responsibilities should the government handle?
What is the purpose of the government?
ARTICLE ON THE EXECUTIVE: Who or what should be responsible for carrying out the laws? What
qualifications should the leader(s) have? What powers should the leader have? How should these powers be
limited? How should the leader(s) get the position? How long should it be held?
ARTICLE ON THE LEGISLATURE: How should the lawmaking body be organized? How should the power
be distributed? How should lawmakers be selected? Who can vote for lawmakers? Who appoints them? What
qualifications should the lawmakers have? How long is their term of office? What powers should they have?
ARTICLE ON THE JUDICIARY: What powers should the courts have? How do judges get their position?
How long is a term of office? What qualifications must they have? What types of courts will there be?
ARTICLE ON AMENDING THE CONSTITUTION: How can the Constitution be changed later?
ARTICLE ON RIGHTS: What rights do the people have? What rights should be part of the Constitution?
Should any rights be denied?
EXTENDED ACTIVITIES:
1. Find examples of government activity in newspaper articles. Explain what part of the Constitution gave the
government the power to do the activity.
2. Research constitutions of other countries, the Michigan Constitution, city charters, or club constitutions and
by-laws. How do these fit the pattern of the U.S. Constitution? What similarities and differences are there?
50
MISCELLANEOUS: Editorial Cartoons
Activity 44
Political cartoons comment on current events and issues. Reading them takes some practice and a little
knowledge of the news. These are four major elements that a cartoonist uses in creating a political cartoon.
CARICATURE:
The cartoonist makes a person look funny—to make us laugh. To do that, the cartoonist
calls our attention to certain features like lips, mouth, nose, hair, etc. by drawing them
larger or smaller than they really are.
SYMBOLS:
The cartoonist makes one thing stand for something else.
LABELS:
The cartoonist will label part of the cartoon if readers cannot be sure what it is a symbol
of.
CAPTIONS:
Other words may help explain the cartoon. Sometimes, the captions are words spoken by
cartoon characters.
Find an editorial cartoon in the newspaper. Use this cartoon to identify the four parts of a cartoon as described
above. Then answer the questions below.
1. Who is the artist?
2. What is the caption?
3. What traits of the characters have been exaggerated?
4. What symbols are included in the cartoon?
5. Where is the scene or setting of the cartoon?
6. What issue or topic is being discussed?
7. Does the cartoonist seem to be for or against anything in the cartoon?
8. Explain the message of this political cartoon?
EXTENDED ACTIVITIES:
1. Write an editorial expressing the opinion conveyed by the cartoonist.
2. Create your own political cartoon on some issue or story currently in the newspaper.
3. Find actual pictures of the people drawn in the cartoon. What has been drawn realistically? What has been
exaggerated? Does the cartoon show the person favorably or unfavorably?
4. Choose well-known public figures and try your hand at creating a caricature of them.
5. Collect political cartoons for a week and see how many symbols you can identify.
6. Create a political cartoon bulletin board.
51
MISCELLANEOUS: Roman Numerals
1
5
Activity 45
10
50
100
500
1,000
Have you ever seen symbols like those shown above? The symbols are called Roman numerals. They stand for
numbers and were invented by the Romans hundreds of years ago. In 1787, the writers of the U.S. Constitution
used Roman numerals to number the Articles of the Constitution. Roman numerals are still used today. You may
see them on clocks and buildings.
The Roman system was not a place value system. To find the value of a Roman numeral you either add or
subtract. Addition is used when the symbols are alike or when they decrease in value from left to right.
LXVI = 50 +10 + 5 + 1 = 66
Subtraction is used when the value of the first symbol is less than the value of the following symbol.
XCIV = (100 - 10) + (5 - 1) = 90+4 = 94
The Romans did not use any symbol more than three times in a row.
DCCCXCIX = D
C
C
C
XC
IX
= 500 + 100 + 100 + 100 + (100 - 10) + (10 - 1) = 899
Try your hand at converting these Roman numerals into Arabic numbers:
1.XII
2. XVI
3. XXX
4. I
5.X
6. XL
7.11
8. DCLXVI
9. MDCDXX
10. VI
Write the Roman numeral for these numbers:
11. 14
12. 5
13. 26
14. 38
15. 545
16. 17
17. 1910
18. 44
19. 15
20. 6
Find the answer to these questions, then write the answer in Roman numerals:
21. How many members are in the U.S. House of Representatives?
22. How many members are in the U.S. Senate?
23. How old is the U.S. Constitution?
24. What year are we in now?
25. How many original states were in the United States?
26. What year did Michigan become a state?
EXTENDED ACTIVITY:
Find three places where Roman numerals are used in the newspaper or in your community. What are the
equivalent decimal numbers for example?
52
Answer Key:
`
Activity 6:
1.
Election of the President.
2.
Electors
3.
State Political Party
4.
270
5.
U.S. House of Representatives
6.
Two U.S. Senators and Fifteen U.S. Representatives
Activity 7:
1. Voting booth
2. Vote
3. Electoral College
4. Some feel the Electoral College is outdated
5. Electoral College actually decides who will be president
6. Electoral College is outdated
Activity 9a:
1. State
2. Treasury
3. Health and Human Services
4. Interior
5. Justice
6. Defense
7. Education
8. Labor
9. Housing and Urban Development
10. Transportation
11. Commerce
12. Energy
13. Agriculture
14. Homeland Security
15. Veteran Affairs
Activity 10:
1. Stevens
2. 31 years
3. Alito
4. less than one year
5. Carter
6. G.W. Bush
7. Each appointed two: G.W. Bush, G.H. Bush, Reagan, Clinton
8. Stevens
9. Roberts
10. U.S. Circuit Court of Appeals Judge
53
Activity 11:
1. Sandra Day O’Connor
2. Arizona Appeals Court Judge
3. Reagan
4. 101
5. 192 years
6. 178 years
7. 127 years
8. Thurgood Marshall
9. Lyndon Johnson
10. Louis Brandeis
11. Woodrow Wilson
12. legal background
Activity 12a: (answers can be in any order)
1. Employee stealing coat
2. Child carving initials into tree
3. Child buying/selling stolen watches
4. Man stealing television set
5. Cab driver littering
6. Burglar breaking into apartment
7. Woman shoplifting
8. Man snatching purse
Activity 14:
1. They are not fully represented in Congress
2. An emotional patriotic boost
3. Unlimited talking a bill to death
4. Democratic numbers would grow
5. Only 16 states approved it
6. 60% of D.C. voters petitioned Congress and approved draft of a new constitution
7. New Columbia
8. Mayor and City Council
9. Can’t tax non-residents; Congress can veto council legislation
10. Residents have no voting representative at federal level
11. Fitting 51st star on flag; Defies intent of Founding Fathers
12. It is only a city size; but it’s population is larger than 3 other states
54
Activity 18:
11. A
12. D
13. A, B, E
14. B, E
15. B, C, E
16. A
17. C
18. A, E
19. C
20. D
21. A, E
22. D
23. C
24. C
25. D
26. C
27. A, D
Activity 19:
1. 2
2. 1
3. 5
4. 1
5. 8
6. 4
7. 5
8. 6
9. 8
10. 5
11. 1
12. 1
13. 6
14. 10
15. 1
16. 1
17. 2
18. 1
19. 1
20. 1
Activity 22:
1. Constitutional (Am. 7)
2. Constitutional (Am. 3)
3. Unconstitutional (Am. 5)
4. Unconstitutional (Am. 8)
5. Unconstitutional (Am. 2)
Activity 23:
A “disagree” response means you AGREE with the Bill of Rights.
55
Activity 24:
1. Unconstitutional (Am. 6)
2. Unconstitutional (Am. 1)
3. Constitutional (Am. 5)
4. Unconstitutional (Am. 1)
5. Unconstitutional (Am. 1)
Activity 25:
1. 1
2. 5
3. 4
4. 6
5. 1
6. 6
7. 5
8. 1
9. 1
10. 6
11. 5
12. 3
13. 2
14. 5
15. 8
Activity 31:
1. He compared President Bush to Adolf Hitler.
2. More students will complain about outspoken teachers; May discourage teachers from
challenging their students with alternative viewpoints on controversial issues to teach
them to think for themselves.
3. May be a little more fair and balanced; present both sides of an issue
4. Encourage students to think critically; to encourage democratic values; promote social
justice.
5. Said people should be allowed to criticize him.
Activity 33:
1. Not a search / no government action
2. unreasonable / arbitrary search
3. reasonable / individual consenting waived his right
4. reasonable / arrestee can be searched immediately
5. reasonable / probable cause or reasonable suspect
6. reasonable / delay could endanger safety or remove evidence
7. not a search / no government action
8. reasonable / evidence in plain view
Activity 34:
6. The judge held that the vice-principal had authority to consent to the search because of
special circumstances of public schools and the responsibilities of administration to
protect all students and maintain order.
56
Activity 38:
1. Lying under oath
2. Can be costly and time consuming
3. Cites them for misdemeanor contempt of court charges
4. $250 fine; community service; 30 days in jail
5. Lawyers counsel their clients going in that there will be consequences if they lie under
oath in court
6. Respect for law. the rule of law and the judicial process
Activity 40:
1. He has power to set aside any statue passed by Congress when it conflicts with his
interpretation of the Constitution.
2. Military rules and regulations; affirmative action provisions; requirements that Congress
be told about immigration services problems; whistle-blower protections for nuclear
regulating officials and safeguards against political interference in federally funded
research.
3. Congress write laws; the President executes the President carries them out.
4. Seizing for himself some of the law-making role of Congress and the Constitutioninterpreting role of the courts.
5. Official documents in which a president lays out his legal interpretation of a bill for
federal bureaucracy to follow when implementing the new law.
6. One of every 10 bills he has signed.
Activity 45:
1. 12
2. 16
3. 30
4. 1
5. 10
6. 40
7. 2
8. 666
9. 1920
10. 6
11. XIV
12. V
13. XXVI
14. XXXVIII
15. DXLV
16. XVII
17. MDCDX
18. XLIV
19. XV
20. VI
21. CDXXXV
22. C
23. CCIXX
24. MMVI
25. XIII
26. MDCCCXXXVII
57
U.S. Constitution
To view the entire text of the United States Constitution, visit the National Archives website at:
http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html
The version of the Constitution on this site is in its original form, but has been annotated with hyperlinks
to updates where it has been amended or superseded.
58
The Bill of Rights
1791
I.
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.
I.
Freedom of religion,
speech, press; right to
assemble and petition
the government
II.
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.
II.
Right to bear arms
III.
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.
III.
Citizens not required to
house soldiers in
peacetime
IV.
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.
V.
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.
IV.
Protection from
unreasonable searches
and seizure
V.
Right to grand jury
process; freedom from
self-incrimination and
double jeopardy
VI.
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.
VI.
Right to a speedy and
public trial; right to an
attorney; right to face
accusers
VII.
In suits at common law, where the value in controversy shall exceed $20, the right
of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise
re-examined in any court of the United States, than according to the rules of
common law.
VII.
Right to a jury trial in
civil suits
VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
VIII.
Protection from
excessive bail, cruel and
unusual punishment
IX.
Rights not restricted to
those enumerated in
the Constitution
X.
Rights reserved for the
states
IX.
The enumeration in the Constitution of certain rights, shall not be construed to
deny or disparage others retained by the people.
X.
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.
59
Summaries of Amendments 11-27
11
A citizen can sue a state in the courts of that state. (Ratified Dec. 15, 1791)
12
The electors must vote twice; the first vote is for president, the second for vice-president.
(Ratified June 15, 1804)
13
Slavery is ended in the United States. (Ratified Dec. 18, 1865)
14
Black people are made citizens of the United States. The states cannot take away citizens' rights.
The states cannot take away a citizen's life, liberty or property without due process of law. People
have the right to equal protection, of the laws. (Ratified July 28, 1868)
15
A person cannot be deprived of the right to vote because of his or her race or color. (Ratified
March 30, 1870)
16
Congress has the power to tax the money earned by people and businesses. (Ratified Feb. 25,
1913)
17
Senators shall be elected by the voters of their state. (Ratified May 31, 1913)
18
The making or selling of alcoholic drinks is forbidden. (Ratified Jan. 16, 1919;
later repealed as Amendment 21.)
19
Women may vote. (Ratified Aug. 26, 1920)
20
Congress must start its session on Jan. 3. The president's term of office shall begin on Jan. 20.
(Ratified Jan. 23, 1933)
21
The 18th Amendment is repealed. (Ratified Dec. 5, 1933)
22
The president is limited to two terms in office. (Ratified Feb. 27, 1951)
23
Citizens in Washington, D.C., can vote. (Ratified March 29, 1961)
24
The citizen may vote for candidates in office in the national government without paying a poll tax
or other tax. (Ratified Jan. 23, 1964)
25
If the president is removed from office, dies or resigns, the vice-president becomes president. The
vice-president becomes the acting president when the president is disabled. (Ratified Feb. 10,
1967)
26
Qualified citizens 18 years of age or older may vote. (Ratified July 1, 1971)
27
A change in the salaries of Senators and Representatives cannot go into effect until after an
election of Representatives. (Ratified May 7, 1992)
60
CERTIFICATE
OF
ACHIEVEMENT
AWARDED TO
_____________________________________________________
FOR SUCCESSFULLY COMPLETING
THE
Detroit Free Press
CLEBRATE THE CONSTITUTION
PROGRAM
________________________
DATE
______________________
TEACHER
61