Teaching the Bill of Rights: Visitor From Outer Space Presenters: Keith Mataya and Laura Wesley www.crfcap.org Constitutional Rights Foundation CRF is a non-profit, non-partisan, national educational organization. For over 50 years we’ve provided programs, training, and materials supporting teachers and students in the fields of civic and law-related education. Check us out on the web @ www.crf-usa.org Objectives Participants will be able to... Use Common Core-aligned approaches to teaching the social sciences. Implement a lesson to help students understand the Constitution. See how to use complex texts to engage students in critical thinking, discussion, and writing. www.crfcap.org POLL Selected CCSS’s Reading Standards for Literacy in History/Social Studies RH.6–8.1 Cite specific textual evidence to support analysis of primary and secondary sources. RH.6–8.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary of the source distinct from prior knowledge or opinions. RH.6–8.4 Determine the meaning of words and phrases as they are used in a text, including vocabulary specific to domains related to history/social studies. Visitor From Outer Space Lesson Overview: In this lesson, students decide which of the rights included in the Constitution’s Bill of Rights they value the most. First, students discuss the basic rights of all Americans. Next, they read a short story about a hypothetical alien creature that takes over the world. The creature will allow humans to keep five rights. Finally, students work in small groups to decide on the five rights they find most important and report back their findings. Focus Question: What would society look like without the idea of “rights?” The Constitution and Bill of Rights © Constitutional Rights Foundation, Los Angeles, 2002 All rights reserved. Imagine that America was suddenly a kingdom... With one supreme ruler... The King of America has the power to make new laws that all the citizens have to follow. The King of America is the ruler of all of the United States. He does not need to ask Americans for permission to collect or raise taxes. Police officers and soldiers have the right to enter and search homes and businesses when they feel it is necessary. They have the right to take any goods that Americans have not paid taxes on. If the military needs to occupy a community, Americans will open their homes to them and provide soldiers with food and shelter. The King has ordered the media to cease publishing or broadcasting anything negative about the King or the King’s government. Americans who break these or any other of the Kingdom’s laws will be tried in the King’s court by a judge appointed by the King. There will be no jury. How do you like your new country? How do you think other Americans would react to this king and government? Early American colonists experienced situations similar to these. They were tired of being ruled by the British kingdom. Battles broke out. The colonists declared independence. The war was on. The Revolutionary War. While the colonists were fighting the war, they were also trying to set up a new government. They realized they had a problem. How do we form a government that will not turn out like the British rule? What should our government be like? Certainly not like a kingdom! Forming a democratic government had never been done before, so the Colonial leaders took a first stab at it. They wrote a plan for the government and called it the Articles of Confederation. The Articles of Confederation gave the states a lot of power and the central government very little. The founders wanted to make sure that no person or government had power like the British king. But the plan didn’t work. Some of the problems were… The central government didn’t have enough power to get things done like... Pay the soldiers who had fought in the war. The states had so much power that things got confusing. Every state printed its own money. It was hard to travel and buy things. The United States were not so united. Leaders began to worry that if we had another war, we would just fall apart. It turned out that we needed a stronger central government. The leaders from the states gathered at Independence Hall in Philadelphia to work on a new plan for the government. The question before them… Just how much power should the central government have? At the Constitutional Convention, the founders came up with several things: They wanted to ensure a balance of power. Some powers should go to the central government. Some powers should go to the states. They called this Federalism. To make sure that the central government could not be run by one individual or group, they separated the powers of the central government among three branches. Judicial Each branch would have its own, but equal, powers. Having three branches of government provided a way for “checks and balances.” The founders had one more important question to deal with: What about our individual rights? Should we put a list of our rights in the Constitution? Some people argued against adding a bill of rights. No, because this might mean that these were the ONLY rights we had. We couldn’t possibly list ALL the rights free citizens should have! Others advocated adding a bill of rights. Yes, because this would ensure that no laws now or in the future could infringe on our basic individual rights. After the Convention ended, arguments continued about whether to add a bill of rights to the Constitution. Even after the Constitution was ratified, some states insisted that a bill of rights be added. James Madison, a Congressman from Virginia, persuaded the first Congress to get moving on a bill of rights. This was interesting because Madison, along with Alexander Hamilton and John Jay, had opposed adding a bill of rights. NO. Not necessary. I think not. Nope. In fact, they felt so strongly about it that they published over 80 essays in newspapers to try to convince people that the Constitution should be ratified as is. The collection of essays is known as the Federalist Papers. Madison had a change of heart, though. He did some serious thinking about the whole thing and talked to his friends about it, especially Thomas Jefferson. Madison became convinced that a bill of rights should be added, since many of the states were counting on it. He went before the first Congress and presented his ideas. Congress was busy with other important matters, but... Madison urged members of Congress to make adding a bill of rights a priority. They finally agreed. Madison got to work on the Bill of Rights. He used ideas from states that already had their own bills of rights. He thought about what we could learn from history and philosophy. k And he continued to talk to his friends. On December 15, 1791, ten amendments were added to the Constitution. The Bill of Rights, along with the Constitution, became the law of the land. The ten amendments in the Bill of Rights guarantee basic liberties. Freedom of Expression 1st Amendment Religion Separation of church and state Free exercise of religious beliefs Speech Press Assembly & Petition 2nd Amendment Keep and bear arms. “Well regulated militia” 3rd Amendment Quartering of Soldiers 4th Amendment Search and Seizure 5th Amendment Indictment by Grand Jury. No double jeopardy. Due process of law. Just compensation. Don’t have to testify against yourself. 6th Amendment Speedy, public trial. Informed of accusation. Right to an attorney. Impartial jury. Witnesses: Confront those against you. Have your own. 7th Amendment Jury trial for civil case. (at least $20) 8th Amendment No excessive bail, fines. No cruel or unusual punishment. 9th Amendment These rights are not the only rights we have. 10th Amendment Powers not delegated by the Constitution are reserved for the states and the people. We the People The founders included in the Constitution a rule stating that it could be amended, or changed. Over time, people and attitudes have changed, and new amendments have been added to protect the rights of all citizens. 13th Amendment (1865) Outlaws slavery. 14th Amendment (1868) All people born or naturalized in the U.S. are citizens. All citizens must be treated equally under the law. Due process of law for all. Sometimes called the “Civil War Amendments.” 15th Amendment (1870) Right to vote cannot be denied based on “race, color, or previous …servitude.” And later... 19th Amendment (1920) Women’s right to vote. Since the ten amendments in the Bill of Rights were adopted in 1791, the Constitution has been amended only 17 more times. The End The Constitution and Bill of Rights Designed by Marshall Croddy Written by Keri Doggett & Bill Hayes Graphic Design and Production by Keri Doggett Special thanks to John Kronstadt, CRF Board of Directors, for inspiration and input. © Constitutional Rights Foundation, Los Angeles, 2002. All rights reserved. A Visitor From Outer Space Constitutional Rights Foundation Imagine it is the year 2025. You are watching your wallsized television and a special news bulletin comes on. This strange creature appears on the screen and informs you that it has taken over America. NEWS BULLETIN You rapidly flip through all 500 channels and it appears on every channel. It says... ATTENTION!!! I am Sthgir from planet Noitutitsnoc. Just as I have taken over television, I will take over your lives. But I come in peace. I realize that individual freedom means a great deal to American citizens. Therefore, I will not take away all your rights. You have a choice. From a list of basic rights, you may choose five to keep. Think carefully before you vote, as all your rights as citizens will end except for the ones you select. You will work with a group of other citizens to decide, and your decision must be unanimous. Failure to reach a unanimous decision will result in the termination of all rights. The list of choices will now appear on screen. Choose Only Five 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Right to have a state militia and bear arms. Right to freedom of speech. Right to a lawyer. Right to protection from cruel and unusual punishment. Right to freedom of the press. Right to a jury trial. Right to freedom of religion. Right to peacefully assemble. Right to privacy. Protection from self-incrimination. Right to equal protection of the laws. Was it difficult to reach a unanimous decision? Why or why not? Which rights were the easiest for you to give up? Why? How would our society be different if we were limited to the five rights you chose? What important or surprising things did you learn about the Bill of Rights or Constitution today? A Visitor from Outer Space Designed by Marshall Croddy Written by Keri Doggett & Bill Hayes Graphic Design by Keri Doggett Production by Andrew Costly A Visitor From Outer Space is adapted from Responsibilities and Rights in Schools, 1978, by Donald P. Vetter and Linda Ford of the Carroll County Public Schools, Westminster Maryland. Used with permission. Handout A: List of Rights Choose Only Five 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Right to have a state militia and bear arms. Right to freedom of speech. Right to a lawyer. Right to protection from cruel and unusual punishment. Right to freedom of the press. Right to a jury trial. Right to freedom of religion. Right to peacefully assemble. Right to privacy. Protection from self-incrimination. Right to equal protection of the laws. Writing Assignment One: Choose ONE of the Amendments in the Bill of Rights that you feel is most important and write a paragraph discussing why you think the right outlined in that Amendment is important. • First, put the Amendment in your own words. • Find one example in American history or in current events where the particular right you chose was especially important. Feel free to use examples from the before the ratification of the Bill of Rights or from later periods of American history (e.g. Civil Rights Movement, etc…). • Lastly, discuss why this particularly Amendment is important to you in 1-2 sentences. Writing Assignment Two: Would you amend the Constitution? Is there something you believe should be added to the Bill of Rights? Did the Founding Fathers miss something? Write a paragraph detailing your new Amendment and discus why it is important. • In one paragraph, clearly state your new amendment and why you think it would be a valuable right to add to the Constitution. • You may want to research or take into consideration other ideas that have been proposed for the US Constitution or that have been included in the constitutions of other nations. Writing Assignment Three: Write one paragraph discussing what you think our society would look like without the Bill of Rights. • Write one sentence stating your opinion AND a reason (or reasons) a Bill of Rights was necessary, or not necessary, to add to the Constitution. • Write two-four sentences describing what you think society would look like without a Bill of Rights. • Discuss an example from your personal experience that is impacted by the Bill of Rights. Does the protections offered to individuals help you? Does it harm you? Make sure to explain why. UPCOMING FREE WEBINARS Register: http://www.crf-usa.org/pd Civic Action Project: Project-Based Learning Gets Students Ready for Their Future. Using Supreme Court Cases to Teach Common Core Standards with Special Guest Erwin Chemerinsky. If Men Were Angels: Teaching the Constitution with the Federalist Papers. The Common Core Does Not Have to Be a Great Wall: Fun Ways to Teach About China. Civic Engagement + Writing = Uncommonly Good Idea! “You CAN Make Teaching From Primary Sources Exciting: Three Successful Strategies for Middle School and High School Teachers.” THANK YOU! For support and information visit: www.crf-usa.org