BRRL Founders Unit ProfDev

7/31/2019 BRRL Founders Unit ProfDev

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Bill of Rights for Real Life:The Founders

The curriculum, The

Bill of Rights for RealLife, was madepossible by a

generous grant fromthe Cortopassi

Institute.


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Mission Statement

Established in 1999, the Institute is a 501(c)(3) notfor profit charity focused on providing educationalresources on America's Founding documents and

principles for teachers and students of AmericanHistory and Civics. Our mission is to educateyoung people about the words and ideas of theFounders, the liberties guaranteed in our Founding

documents, and how our Founding principlescontinue to affect and shape a free society.


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3

Bill of Rights Institute Summary Map


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Components of Professional Development

Enhance our own knowledge

Explore new teachingstrategies

Enrich the expertise ofother teachers

There is no knowledge that is not power.~Ralph Waldo Emerson


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Overview of Our Curricula

Written by Teachers

Evaluated by Teachers

Tested by Teachers in the classroom

Research-based best practices in civic education


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Resources Designed for:

Higher level classrooms

Heterogeneous classrooms

Low achieving students

High School classrooms

Middle School classrooms


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The Bill of Rights

for Real Life

Designed for less academically-

inclined high school students

21 core lesson plans 8th GradeReading Level

Strong literacy/media literacycomponent

Research-based best teaching practices


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Unit Introduction

Essay8th grade level

LessonOverviewStandardsObjectivesMaterials

Lesson PlanHandouts

DVDIntroductionReinforcement

ReviewExtension Options

HomeworkExtensions

Real Life Portal

Back of the Book ResourcesAnswer Key (pgs. 205-218)Reading Quizzes (pgs. 221-241)Landmark Sup. Court Cases (pgs. 245-257)DVD Guides (pgs. 261-266)Glossary (pgs. 269-273)Educational Resources (pgs. 277-280)Legal Experts & Scholars (pgs 283-289)

Parent Letter (p. 290)


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Common Core State Standards for English Language Arts &Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts,

including the application of constitutional principles anduse of legal reasoning (e.g., in U.S. Supreme Courtmajority opinions and dissents) and the premises,purposes, and arguments in works of public advocacy

(e.g., The Federalist, presidential addresses).9. Analyze seventeenth-, eighteenth-, and nineteenth-

century foundational U.S. documents of historical andliterary significance (including The Declaration of

Independence, the Preamble to the Constitution, the Bill ofRights, and Lincolns Second Inaugural Address) for theirthemes, purposes, and rhetorical features.


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Which of these documents did NOT influence theFounders ideas about natural rights?

1. Magna Carta

2. John Lockes Two Treatises of

Government

3. English Declaration of Rights

4. Frances Declaration of the Rights ofMan

5. Not sure


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Which of these groups believed the Constitution as itwas originally written in 1787 provided for a strong

national government and sufficiently protectedindividual rights at the same time?

1. Federalists

2. Anti-Federalists

3. Democratic-Republicans

4. Know-Nothings

5. Not sure


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Which of these statements would have been made byan Anti-Federalist?

1. The vigor of government is essential to the securityof liberty.

2. State legislatures have no security for the powersnow presumed to remain to them

3. I do not conceive we can exist long as a nationwithout havinga power which will pervade thewhole Union

4. Repeated violations of these parchment barriershave been committed by overbearing majorities inevery State.

5. Not sure


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The process by which the Supreme Court has used the

due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:

Guaranteeing Rights

1. incorporation

2. federalization

3. privileges and immunities

4. naturalization

5. Not sure

i S A i i Ri h A i d


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What rights are most important to you?

Select your personal top 5, starting with the most important.1. Freedom of speech

2. Freedom of religion

3. Right to a jury trial

4. Freedom of the press

5. Freedom from cruel and unusual punishment

6. Right to keep and bear arms

7. Right to control ones own property

8. Freedom of assembly

9. Freedom from quartering troops in ones home

10. Freedom from unreasonable search and seizure

Primary Source Activity: Rights AttitudeInventory

P i S A i i Ri h A i d


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Primary Source Activity: Rights AttitudeInventory

Step 1: Using the Rights AttitudeInventory, get into groups of 6. Your

group must come to a consensus,ranking rights from MOST (1)

important to LEAST (10) important.

Consensus: shared decision-making not simply based on

majority rule. Everyone in thegroup gets a fair hearing.


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What rights are most important to your group?Select your groups top 5, starting with the most important.

Primary Source Activity: Rights Attitude Inventory

1. Freedom of speech

2. Freedom of religion

3. Right to a jury trial

4. Freedom of the press

5. Freedom from cruel and unusual punishment

6. Right to keep and bear arms

7. Right to control ones own property

8. Freedom of assembly

9. Freedom from quartering troops in ones home

10. Freedom from unreasonable search and seizure

D b i f Ri ht Attit d I t


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Debrief Rights Attitude Inventory

Step 2: Re-rank the rights asthough you were all Founders.

You undoubtedly

encountered disputes. Whatdoes this tell us about thechallenges the Foundersfaced in the decision toinclude a Bill of Rights?

Did YOUR individual opinionas to the right(s) you most

value change as you listened toothers arguments?

How has the importance ofvarious individual rights

changed over time? How hasit stayed the same?


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Founders Unit Lesson 1, BRRL p. 10

Rights Attitude Inventory:

List the following rights in order of

importance to you. Number 1 will bethe most important; Number 10 the leastimportant:


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Prioritizing our rightshelps highlight theconnections andinterdependence amongthe liberties enshrined inthe Bill of Rights.

An extension for thisactivity is to havestudents make a tableshowing a civicresponsibility thatcorresponds to eachliberty. For example:

Right Responsibility

Speech Listeningthoughtfully

Fair jury trial Serving on ajury

Religion

PressAssembly


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What are the Origins of the Bill of Rights?

See BRRL page 4 for Lesson Plan 1. Background/Homework:

Students read the backgroundessay, p. 7,8,9.

Color code

Documents written inEngland: yellow

Documents written inAmerica: green

Violations of rights: red

John Locke,Sir Godfrey Kneller,

1697

Thomas Jefferson,Rembrandt Peale,

1800


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2. Rights Attitude Inventory

3. Student Handout B Foundations ofOur Rightsp.11: Summarizes documentsthat guaranteed rights.

Magna Carta

1215

Petition ofRight 1628

Declaration ofRight (English

Bill of Rights)1689

http://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpghttp://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpghttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpg


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Right Right Right Right Right Right Right

US Bill of Rights(1791)

First:freedom ofreligion,speech,press,assembly,petition

Second:right to keepand beararms

Third:freedomfromquarteringtroops

Fourth:search andseizurerights

Fifth: dueprocess rights

Sixth: fairtrial rights

Eighth:freedom fromexcessivefines, crueland unusualpunishment

Magna Carta(1215)

Petition of Right(1628)

MassachusettsBody of Liberties

(1641)

Declaration ofRights andToleration Acts(1689)

Right violated inthe colonies?(1763-1776)

Using the Background Essay and your discussions as your guide, discuss Handout Bp. 11.

Origins of the Bill of Rights


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4. Student Handout C Founding

Documents and Philosophiesp. 12:Compare & contrast documents.



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James Madison: If

men were angels, nogovernment wouldbe necessary.(Federalist #51, 1788)

Pastor Martin Niemoller:

--First they came for theCommunists, but I was nota Communist, so I saidnothing.

--Then they came for the SocialDemocrats, but I was not a SocialDemocrat, so I did nothing.

--Then came the tradeunionists, but I was not a tradeunionist.

--And then they came for the

Jews, but I was not a Jew, so I didlittle.

--Then when they came for me,there was no one left to stand upfor me.

Enrichment Activities, p. 5


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1. Why did the original writers

of the Constitution leave outa bill of rights?

2. What political groupdemanded a bill of rights?

3. Who wrote the Bill ofRights? Why did he write it?

4. What did Thomas Jeffersonsay about a bill of rights?

5. Why did James Madison

fear that bill of rights mightnot work?

6. How many Amendmentswere originally proposed to

Congress?7. Why was the Bill of Rights

added at the end of theConstitution?

DVD Viewing Guide Founders Lesson 2 (Pg. 261)

Discussion: Madison feared that a bill of rights would not protectindividuals from the abuse of their rights by popular majorities. Can youthink of examples of a majority taking away rights from individuals? Inthe country? In your town? At school? How do you think those rights

might be made more secure?
http://images.google.com/imgres?imgurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/UC-47-6-250px-DVD-R_bottom-side.jpg&imgrefurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/index.html&h=241&w=249&sz=9&hl=en&start=2&tbnid=nCqpTGp1ysWW1M:&tbnh=107&tbnw=111&prev=/images?q=dvd&svnum=10&hl=en&lr=http://images.google.com/imgres?imgurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/UC-47-6-250px-DVD-R_bottom-side.jpg&imgrefurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/index.html&h=241&w=249&sz=9&hl=en&start=2&tbnid=nCqpTGp1ysWW1M:&tbnh=107&tbnw=111&prev=/images?q=dvd&svnum=10&hl=en&lr=


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Founders Unit Lesson Plans

Lesson 2, p. 13: Why a Bill of Rights? What

Impact Does it Have? This lesson explores the debate between the

Federalists and Anti-Federalists.

Federalists believed the Constitution as itwas originally written in 1787 provided fora strong national government andprotected individual rights at the same

time. The Anti-Federalists feared a strong central

government and insisted that a Bill ofRights be added to the Constitution to

protect individual rights.


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On what issues

did theFederalists andAnti-Federalists

agree?

Securing LibertyDebate over the Bill of Rights

The Federalists and Anti-Federalists

James Madison,John Vanderlyn,

1816 Patrick Henry,George B. Matthews,

1883
http://upload.wikimedia.org/wikipedia/en/e/ea/Patrick_henry.JPG


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Federalists Anti-FederalistsBOTH

Bill of rights not

neededConstitutioncreates a LIMITEDgovernment

Specific listingcould be dangerous

Strong central

government neededto protect rights

States have theirown declarations of

rights

Did not trust a

strong centralgovernment

Some statesdemanded a bill

of rights

Popular opinionfavored a list ofrights

Purpose ofgovernment is to

protect rights

Give someauthority to states,some to national

government

Foundational(First) Principles:

popular sovereignty,

government byconsent, limited

government,property rights,

civic virtue...


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Learning Stations: Quote Classification

Washington

Sherman

Hamilton

Madison

Jefferson

Working with a partner ortwo

Prepare an answer sheetby numbering 1-8

Mason

Read the quotes onsigns and classify each

quote:

Federalist or

Anti-Federalist

Identify the author of

each quote.


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Who said it???? (See p. 19 & jot down your answers)

1

2

3

45

6

7

8

Federalist

Federalist

Federalist

Federalist

Anti-Federalist

Anti-Federalist

Anti-Federalist

Anti-Federalist

Washington

Sherman

Hamilton

Madison

Mason

Mason

Mason

Jefferson

I ti U it 187


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Incorporation Unit, p. 187


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Incorporation:

the application

of parts of the Bill of Rights

to the statesthrough the Due Process

Clause of the

Fourteenth Amendment

The Bill of Rights and Incorporation


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The Bill of Rights and Incorporation, p. 187

Justice Hugo Black argued for totalincorporation:

The words No State shall make orenforce any law which shall abridgethe privileges or immunities of

citizens of the United States seem tome an eminently reasonable way ofexpressing the idea that henceforththe Bill of Rights shall apply to the

States. (p. 230) Justice Hugo Black,(concurring) Duncan v. Louisiana(1968)

However, the Court took the path of

selective incorporation.

I ti U it


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Incorporation Unit

Key Terms, p. 190

Background Essay, p. 191

Flow Chart, p. 193


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h ll f h d I


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Questions, p. 193

Is an essential or fundamental right being denied by a state?Is incorporating the only way to ensure the right will be

protected?

If the answer to both questions is YESthe FourteenthAmendment is used to incorporate the concept and apply

it to the states to protect a fundamental right.


h ll f h d I


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Read the background essay for Lesson 1, pp. 191-192.

Review student activities on pp. 193-195.Discuss with a partnerhow would these activities work for

your students?Read the background essay for Lesson 2, pp. 198-199.

Review student activities on pp. 200-202.Discuss with a partnerhow would these activities work for

your students?



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Early Incorporation CasesYear Case Amendment/

Fundamental Right

1897 Quincy Railway Co. v. Chicago 5th -takings clause

1925 Gitlow v. New York 1st -political speech

1931 Near v. Minnesota 1st -press

1937 DeJonge v. Oregon 1st -peacefulassembly/petition

1940 Cantwell v. Connecticut 1st -free exercise ofreligion

1947 Everson v. Board of Education 1st -establishment ofreligion

1948 In re Oliver 6th-public trial

1949 Wolf v. Colorado 4th-search and seizure

1958 NAACP v. Alabama 1st-freedom of association

L I C


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Later Incorporation CasesYear Case Amendment/ Fundamental Right

1961 Mapp v. Ohio 4th

exclusionary rule1962 Robinson v. California 8th -cruel & unusual punishment

1963 Gideon v. Wainwright 6th -right to counsel in all felony cases

1964 Malloy v. Hogan 5th -self-incrimination

1965 Pointer v. Texas 6th

-confront witnesses1965 Griswold v. Connecticut Penumbra of 1,3,4,5- privacy

1966 Parker v. Gladden 6th- impartial jury

1967 Klopfer v. N. Carolina 6th -speedy trial

1967 Washington v. Texas 6th-compulsory process to obtain witnesses1968 Duncan v. Louisiana 6th -jury trial in non-petty cases

1969 Benton v. Maryland 5th -double jeopardy

1972 Argersinger v. Hamlin 6th-counsel in all criminal cases involving jail term

2010 McDonald v. Chicago 2nd-individual right to handguns

I i


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Incorporation

Not incorporated:3rd Amendment

5th Amendments grand jury clause

7th Amendment


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Which of these documents did NOT influence theFounders ideas about natural rights?

1. Magna Carta

2. John Lockes Two Treatises of

Government

3. English Declaration of Rights

4. Frances Declaration of the Rights ofMan

5. Not sure


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Which of these groups believed the Constitution as itwas originally written in 1787 provided for a strong

national government and sufficiently protectedindividual rights at the same time?

1. Federalists

2. Anti-Federalists

3. Democratic-Republicans

4. Know-Nothings

5. Not sure


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Which of these statements would have been made byan Anti-Federalist?

1. The vigor of government is essential to the securityof liberty.

2. State legislatures have no security for the powersnow presumed to remain to them

3. I do not conceive we can exist long as a nationwithout havinga power which will pervade thewhole Union

4. Repeated violations of these parchment barriershave been committed by overbearing majorities inevery State.

5. Not sure

Guaranteeing Rights


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The process by which the Supreme Court has used the

due process clause of the 14th

Amendment to apply theBill of Rights against state governments is known as:

Guaranteeing Rights

1. incorporation

2. federalization

3. privileges and immunities

4. naturalization

5. Not sure

Website


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46

Website

www.billofrightsinstitute.org James Madison Memorial Fellowship Foundation


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Become a constitutional scholar

Receive funding for aMaster of Arts (MA)Master of Arts in Teaching (MAT)Master of Education (MEd)

with an emphasis on Constitutional history

Attend the four-week Summer Institute,"The Foundations of AmericanConstitutionalism" in Washington, D.C.

Complete your degree in five years

Teach for another two years (approximately)

Submit an application by March 1

James Madison Memorial Fellowship Foundation

T hi ith C t E t


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Teaching with Current EventsTopics: Federalism, Freedom of Religion, Gun Rights, Property Rights,Personal Liberty, Citizen Juries, Freedom of Speech, Due Process

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F M thl L


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Free Monthly eLessonsLandmark Supreme Court CasesBill of Rights in the News

Current Events and the ConstitutionElections and the Constitution

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St i T h ith !


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Stay in Touch with us!

Like us on Facebook: /BillofRightsInstitute

Follow us on Twitter: @BRInstituteCheck out our blog: blog.BillofRightsInstitute.org

Visit our blog to hear from our staff members oncurrent events, education topics, and teaching tips!

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G t T l f Y St d t


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Great Tools for Your Students

GamesVideos

Co titutio Day Se t 17th


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Online Resources:

Constitution Duel Quiz

Constitutional Principles videos Madisons Notes are Missing

Constitution Day lesson plans

Life Without the Bill of Rights

PDFs of the Founding documents Effective ANY time of year!

Constitution Day Sept. 17th

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Bill of Rights Day Dec 15th


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Bill of Rights Day Dec. 15th

You and Your Students will Explore:

The text and history of each of the first 10 Amendments

Landmark Supreme Court cases

Engaging activities, handouts, and games

How the 14th

Amendment and Incorporation hasimpacted the Bill of Rights

www.BillofRightsDay.com53


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We WantYOU

To use ourcurriculum

To let us know how

these resources work

in your classroom

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BRRL Founders Unit ProfDev

Documents

Transcript of BRRL Founders Unit ProfDev