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The Constitution and Bill of Rights
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The Constitution and Bill of Rights and
A Visitor from Outer Space
Developed by Marshall Croddy
Written by Keri Doggett & Bill Hayes
Graphic Design by Keri Doggett
Production by Andrew Costly
Todd Clark Executive Director
Constitutional Rights Foundation
601 South Kingsley Drive Los Angeles, CA 90005
(213) 487-5590 (213) 386-0459 Fax www.crf-usa.org
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The Constitution and Bill of Rights
and A Visitor from Outer Space
Overview This PowerPoint lesson begins with a presentation to introduce or review the story of the development of the Constitution and Bill of Rights. Using animated graphics, The Constitution and Bill of Rights provides a visual medium to accompany the teacher’s oral presentation. It is designed to provide flexibility for teachers to focus on key concepts most appropriate for their courses and students. The PowerPoint lesson also includes the activity A Visitor from Outer Space. In this activity, students apply their knowledge about the Bill of Rights as they work in small groups to determine which rights they value most. A Visitor from Outer Space provides graphics and sound effects. Getting Started 1. Place the CD in the CD reader of your computer.
2. This presentation was developed using PowerPoint 97. If PowerPoint isn't already
running on your computer, launch it now.
3. In PowerPoint click on File and then Open from the menu bar.
4. Navigate to the drive assigned to the CD reader. The two presentations will be listed in the Open dialog box (Constitution and Bill of Rights.ppt and Visitor From Outer Space.ppt).
5. Select the presentation you want to open and double click or click on Open in the dialog box to open your selection.
6. Once the presentation is opened, click on Slide Show and then View Show on the menu bar to start the presentation.
Suggested Presentation Strategy 1. Preview the two presentations: “The Constitution and Bill of Rights” and “A Visitor
From Outer Space” and review the talking points for each. 2. Prepare a narrative presentation to accompany “The Constitution and the Bill of Rights.”
Based on your course of study and student needs, you may want to provide additional depth on specific topics.
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3. Following the presentation, explain to the students that they are going to have a chance to share their opinions about what rights they think are most important.
4. Using PowerPoint, guide students through the activity, “A Visitor from Outer Space.”
Step-by-step procedures are included in the talking points. Enrichment Strategies A. After students have participated in the presentations, assign small groups to write their
own narratives for a set of slides. Arrange for students to make presentations to other classes.
B. Divide students into small groups and assign an amendment to each group. Ask the
students to create a short presentation to: 1. Explain the amendment.
2. Provide an example to demonstrate a contemporary application of the protections afforded by the amendment. (Older students could find recent court cases for many of the amendments.)
Standards Connections “The Constitution and the Bill of Rights” supports U.S. history standards addressing constitutional heritage, federalism, and civic values and rights. With the addition of the A Visitor From Outer Space activity, the lesson supports critical-thinking, cooperative-learning, and decision-making skills. Sample Standards Connections:
Understands the significance of the Bill of Rights and its specific guarantees (e.g., the relevance of the Bill of Rights in today's society). (National Benchmark, Grades 5–6) Understands the differences in leaders (e.g., Alexander Hamilton and Thomas Jefferson) and the social and economic composition of each political party in the 1790s. (National Benchmark, Grades 5–6) Understands arguments over the necessity of a Bill of Rights (e.g., Anti-Federalist arguments for its inclusion in the Constitution) and Madison's role in securing its adoption by the First Congress. (National Benchmark, Grades 7–8) Understands the Bill of Rights and various challenges to it (e.g., arguments by Federalists and Anti-Federalists over the need for a Bill of Rights, t he Alien and Sedition Acts, recent court cases involving the Bill of Rights). (National Benchmark, Grades 9–12) Gain understanding about the people and events associated with the development of the U.S. Constitution and its significance as the foundation of the American republic. (CA History 5.7)
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Analyze the political principles underlying the U.S. Constitution and compare the enumerated and implied powers of the federal government. (CA History 8.2) Understand the foundation of the American political system and the ways in which citizens participate in it. (CA History 8.3) Understand the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution and analyze their connection to Reconstruction. (CA History 8.11.5) Analyze significant events in the founding of the nation and its attempts to realize the philosophy of government described in the Declaration of Independence. (CA History 11.1)
Talking Points
The Constitution and Bill of Rights and
A Visitor From Outer Space
Constitutional Rights Foundation
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The Constitution
and Bill of Rights
© Constitutional Rights Foundation, Los Angeles, 2002All rights reserved.
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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.
Click 1: Imagine…
Click 2: With one supreme….
Click 3: The King.
Click 4: The King of America has the power...
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If the military needs to occupy a community, Americans will open their homes to them and
provide soldiers with food and shelter.
The King of America is the ruler of all of the United States.
He does not need to ask Americans for permission to collect or raise taxes.
Police officers and soldiers have the right to enter and search homes and businesses when they feel it is
necessary.
They have the right to take any goods that Americans have not paid taxes on.
On slide: The King of America….
Click 1: He does not need to ask…
Click 2: Police officers…
Click 3: They have the right...
Click 4: If the military…
Elaboration: Briefly discuss each rule to ensure understanding.
Click to next slide.
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The King has ordered the media to cease publishing or broadcasting anything negative about the King or the King’s government.
Americans who break these or any other of the Kingdom’s laws will be tried in the King’s court by a judge appointed by the King. There will be no jury.
Click 1: Graphic
Click 2: The King has ordered the media…
Click 3: Graphic
Click 4: Americans who break these…
Elaboration: Briefly discuss each rule to ensure understanding.
Click to next slide.
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How do you like your
new country?
How do you think
other Americans
would react to this
king and
government?
On slide: How do you like…
Click 1: How do you think other Americans…
Elaboration: Conduct a short discussion using the questions. Lead students toconclude people might revolt against the king and government.
Click to next slide.
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Early American colonists experienced situations
similar to these.
They were tired of being ruled by the British
kingdom. Battles broke out.
The colonists declared independence.
The war was on.
The Revolutionary War.
On slide: Early American colonists…
Click 1: They were tired of being ruled…
Click 2: They declared independence…
Click 3: This started a war.
Click 4: The Revolutionary War + graphic.
Elaboration: Seditious libel, Stamp Act, Boston Tea Party, and quartering troops led to Declaration of Independence.
Ask: What happened during the Revolutionary War?
Who won?
Click to next slide.
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While the colonists were fighting the war,
they were also trying to set up a new
government.
They realized they had a problem.
How do we form a government that will
not turn out like the British rule?
What should our government be like?
Certainly not like a kingdom!
On slide: While the colonists…
Click 1: They realized…
Click 2: How do we form a government…
Click 3: Certainly not like a kingdom! + graphic.
Elaboration: This was the first time a democratic government had been set up. Imagine the challenges they faced.
Ask: Why did they need a government?
Click to next slide.
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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.
On slide: Four paragraphs + graphic.
Click 1: But the plan didn’t work.
Elaboration: Names of leaders.
Articles of Confederation.
Reinforce desire for weak government to avoid monarchy.
Click to next slide.
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Some of the problems were…
The central government didn’t have enough power to get things done like...
Pay the soldiers who had fought in the war.
On slide: Some of the problems…
Click 1: The central government…
Click 2: Graphic + Pay the soldiers…
Elaboration: Domestic (states and individuals) and foreign debt.
Washington’s stance on paying the soldiers.
Click to next slide.
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Every state printed its own money. It was hard to travel and buy things.
The states had so much power that things got confusing.
On slide: The states had so much power…+ graphic.
Click 1: Every state printed…
Ask: Why would it be confusing if the states each had their own type of money?
What problems might this cause?
Elaboration: Most of the gold and silver coins had been spent on foreign trading.
The value of the money printed by the states and Congress fell, causing a depression.
People didn’t pay their taxes. The central government had little money and little power of enforcement.
Click to next slide.
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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?
On slide: The United States…
Click 1: It turned out…
Click 2: The leaders from the states… + graphic.
Click 3: The question before them…
Click 4: Just how much power...
Elaboration: Philadelphia was the capital at that time.
Fear arose that we could not economically raise a defense against foreign attack.
Click to next slide.
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At the Constitutional Convention, the founders came up with several things:
They wanted to ensure a balance of power.
Some powers should go to the central government.
Some powers should go to the states.
They called this Federalism.
On slide: All text and graphic.
Elaboration: Review difference between federal and state governments.
Examples of powers:
Federal StateCoin money EducationEstablish post office Establish local governmentsPatents/copyrights Conduct electionsMilitary Regulate businessesNaturalization/Immigration
Click to next slide.
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Judicial
Legislative E
xecutiv
e
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.
Each branch would have its own, but equal, powers.
Having three branches of government provided a way for “checks and balances.”
On slide: To make sure…
Click 1: Judicial
Click 2: Legislative
Click 3: Executive + eagle graphic
Click 4: Each branch would…
Click 5: Having three branches…
Elaboration: Ask students what each branch does as you introduce it..
Provide additional information about each branch.
Define, give examples of “checks and balances.”
Ask: Why is the idea of separate but equal powers important to democracy?
Click to next slide.
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The founders had one more important
question to deal with:
What about our individual rights?
Should we put a list of our rights in the Constitution?
On slide: The founders had…
Click 1: What about our individual rights…
Elaboration: Protections already provided by Constitution.
Mason-Gerry motion to add a bill of rights to the Constitution.
Click to next slide.
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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!
Yes, because this would ensure that no laws now or in the future could infringe on our basic individual rights.
Some people argued against adding a bill of rights.
Others advocated adding a bill of rights.
On slide: Some people argued against… + graphic + quotation.
Click 1: Others advocated… + quotation + graphic.
Elaboration: Additional arguments:
Opposed: State Constitutions already protect individual rights. Many already had declarations of rights.
In favor: Wouldn’t take long to add, could depend on state constitutions and existing consensus on what rights should be included.
If Constitution is to be “supreme law of the land,” then state declarations of rights wouldn’t provide enough security.
Introduce terms “federalists” and “anti-federalists.”
The founders had been in session all summer, very hot, tiring of arguments.
Motion to add a Bill of Rights defeated.
Ask: Would you have been in favor of or opposed to the addition? Why?
Click to next slide.
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Even after the Constitution was ratified, some states insisted
that a bill of rights be added.
After the Convention ended, arguments continued about
whether to add a bill of rights to the Constitution.
On slide: Graphic + After the Convention ended…
Click 1: Even after the Constitution was ratified…
Elaboration: Nine states were needed to ratify the Constitution.
Click to next slide.
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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.
On slide: James Madison, a Congressman…
Click 1: This was interesting… + graphic
Click 2: along with Alexander Hamilton… + graphic
Click 3: and John Jay… + graphic
Click 4: Had opposed adding… + quotation
Ask: What were some of the reasons they opposed it?
Click to next slide.
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In fact, they felt so strongly about it that
they published over 80 essays in
newspapers to try to convince people that
the Constitution should be ratified as is.
The collection of essays is
known as the Federalist
Papers.
On slide: In fact, they felt…
Click 1: The collection of essays… + graphic
Elaboration: The essays were published during the ratification process, causing great debates within the states.
Hamilton, Jay, and Jefferson wrote under the name “Publias,” Greek for “of the people.”
Click to next slide.
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Madison had a change of heart, though. He did some serious thinking about the whole thing and talked to his friends about it, especially Thomas Jefferson.
Madison became convinced that a bill of rights should be added, since many of the states were counting on it.
He went before the first Congress and presented his ideas. Congress was busy with other important matters, but...
Madison urged members of Congress to make adding a bill of rights a priority. They finally agreed.
On slide: Madison had a change of heart… + graphic
Click 1: Madison became convinced… + He went before the first Congress…
Click 2: Madison urged them…
Elaboration: Congress was not opposed to adding a bill of rights, but to many members, it was not a high priority.
Click to next slide.
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k
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.
And he continued to talk to his friends.
On slide: Madison got to work…
Click 1: He used ideas + graphics
Click 2: He thought about… + graphics
Click 3: And he continued… + graphic
Elaboration: Thomas Jefferson was in France at the time, he and Madison corresponded by mail. Their letters have become important primary source documents for historians.
Madison asked Jefferson to send him history and philosophy books to help him study.
He relied heavily on the Virginia Declaration of Rights, authored primarily by George Mason.
Click to next slide.
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On December 15, 1791, ten amendments were added to the
Constitution.
The Bill of Rights, along with the Constitution, became the law of the
land.The ten amendments in the Bill of Rights guarantee basic liberties.
On slide: On December… + graphic
Click 1: The ten amendments in…
Elaboration: Madison originally proposed nine amendments to Congress and wanted a preamble and the amendments included within the text of the Constitution.
Before being sent to the states for ratification, the amendments were redrafted as 17 articles by the House. In the Senate, the Bill of Rights ended up as 12 amendments, with the states ratifying only ten.
It was also decided that the amendments would be placed at the end of the Constitution instead of within the text.
Click to next slide.
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Freedom of Expression1st Amendment
ReligionSeparation of church and stateFree exercise of religious beliefs
Speech
Press
Assembly &
Petition
On slide: Freedom of Expression + 1st Amendment
Click 1: Graphic + Religion
Click 2: Graphic + Speech
Click 3: Graphic + Press
Click 4: Graphic + Assembly/Petition
Elaboration: Specific examples of each freedom.
Rights vs. responsibilities (yelling “Fire” in a crowded theater)
Ask: Which of the freedoms under the 1st Amendment is most important to you? Why?
Click to next slide.
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2nd AmendmentKeep and bear arms.
“Well regulated militia”
3rd AmendmentQuartering of Soldiers
4th AmendmentSearch and Seizure
On slide: All text.
Click 1: Rifles graphic
Click 2: Family + solider graphic
Click 3: Police tape and house graphic
Elaboration: Discuss controversies around 2nd Amendment. (Does it give an individual a right to bear arms or does it just give states the right to keep militias?)
3rd Amendment relevance to colonial experience.
Impact of 4th Amendment on daily life and criminal trials.
Examples of 4th Amendment cases.
Click to next slide.
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5th AmendmentIndictment by Grand Jury. No double jeopardy.Due process of law. Just compensation.Don’t have to testify against yourself.
6th AmendmentSpeedy, public trial. Impartial jury.Informed of accusation. Witnesses:Right to an attorney. Confront those against you.
Have your own.
On Slide: 5th Amendment + 6th Amendment
Click 1: Courtroom graphic + text under amendments.
Elaboration: Discuss “taking the fifth.”
Define “double jeopardy.”
Rights listed in Miranda warning.
Ask: Which of the rights under the 5th and 6th Amendments seem most important toyou? Why?
Click to next slide.
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7th AmendmentJury trial for civil case.
(at least $20)
8th AmendmentNo excessive bail, fines.
No cruel or unusual punishment.
On slide: 7th Amendment + graphic
Click 1: 8th Amendment + graphics
Click 2: No excessive bail…no cruel and unusual…
Elaboration: Difference between civil and criminal trials.
Discuss the $20 requirement, pointing out that it was considered a lot of money in 1791 compared to today.
Discuss controversies around death penalty.
Click to next slide.
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9th AmendmentThese rights are not the only rights we have.
10th AmendmentPowers not delegated by the Constitution are reserved for the states and 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.
We the People
On slide: All text and graphics on top half of slide.
Click 1: The founders included….
Ask: Do you think it was a good idea to include a way to amend, or change, the Constitution? Why or why not?
Does anyone know what some of the newer amendments are?
Click to next slide.
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Outlaws slavery.
19th Amendment (1920)
Women’s right to vote.
13th Amendment (1865)
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.
15th Amendment (1870)
Right to vote cannot be denied based on “race, color, or previous …servitude.”
Sometimes called the “Civil War
Amendments.”
And later...
On slide: 13th, 14th, 15th Amendments + “civil war amendments”
Click 1: Soldier graphic.
Click 2: Outlaws slavery.
Click 3: All people born…
Click 4: Right to vote cannot…
Click 5: And later…
Click 6: 19th Amendment + graphic
Click 7: Women’s right to vote.
Elaboration: Importance of “equal protection amendments” to today’s society.
Civil rights movement and cases (Brown v. Board).
Discuss how long it took for women to gain right to vote.
Ask: Can you think of any other amendments that you strongly believe should be added to the Bill of Rights? Why?
Click to next slide.
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The End
Since the ten amendments in the Bill of Rights were adopted in
1791, the Constitution has been amended only 17 more
times.
On Slide: Since the ten amendments…
Click 1: The end.
Transition to activity: A Visitor From Outer Space.
Tell students that they are going have a chance to share their opinions about what rights they think are most important.
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Handout A: List of Rights
1. Right to have a state militia and bear arms.
2. Right to freedom of speech.
3. Right to a lawyer.
4. Right to protection from cruel and unusual punishment.
5. Right to freedom of the press.
6. Right to a jury trial.
7. Right to freedom of religion.
8. Right to peacefully assemble.
Choose Only Five
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© Constitutional Rights Foundation, Los Angeles, 2002. All rights reserved.
Designed by Marshall Croddy
Written by Keri Doggett & Bill Hayes
Graphic Design by Keri Doggett
Production by Andrew Costly
The Constitution and Bill of Rights
Special thanks to John Kronstadt, CRF Board of Directors, for inspiration and input.
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