Teachers may engage their students in the simulated hearing activity at the following levels:

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4 We the People Hearings Performance Assessment in Action Participants hold a simulated congressional hearing as the culminating activity for the We the People program. The entire class, working in cooperative teams, prepares and presents statements before a panel of community representatives who act as congressional committee members. Students then answer questions posed by the committee members. The format provides students an opportunity to demonstrate their knowledge and understanding of constitutional principles while providing teachers with an excellent means of assessing performance. Teachers may engage their students in the simulated hearing activity at the following levels: Elementary and middle school level classes may conduct noncompetitive hearings in front of a classroom or auditorium-size audience with community members acting as judges. Teachers at the high school level may conduct a noncompetitive hearing, but are encouraged to participate in the nationwide competitive program. High school competition begins at the congressional district level with teams from each school vying for the district championship. District winners go on to compete at a statewide hearing, and state champions travel to Washington, D.C., in the spring to represent their state in the We the People national finals. More than 1200 high school students and their teachers participate annually in the We the People national finals. While in Washington, students also have an opportunity to visit historic sites and meet with members of Congress and other dignitaries. "The competition has enormous potential as a model for the evaluation of history/social studies and government classes. It is the most imaginative and well-organized social studies assessment I know of..." Ruth Mitchell, Testing for Learning, 1991

5 Lesson 15: What Conflicting Opinions Did the Framers Have about the Completed Constitution? We the People: The Citizen and the Constitution High School Grades Student Book Purpose of Lesson This lesson describes some conflicting points of view of leading Framers about the Constitution. Most of the delegates argued for the adoption of the Constitution, although many had reservations about all or parts of it. The reservations of three were so serious that they refused to sign the document. The position of one of these Framers, George Mason, is explored in detail. You also will examine Benjamin Franklin's statement in defense of the Constitution. When you have completed this lesson, you should be able to explain the positions of Franklin and Mason, and give arguments in support of and in opposition to these positions. Critical Thinking Exercise Analyzing the Positions of Gerry and Hamilton The following remarks were made by two of the Framers on the last day of the convention. One of these Framers signed the Constitution; the other did not. Work with a study partner or in small groups to analyze the statement. Then answer the questions and be prepared to present and defend your position. What do the following comments tell you about the differences of opinion among the Framers concerning the Constitution they had developed? What were some problems they thought might arise in getting it approved? "...every member [of the convention] should sign. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief... No man's ideas were more remote from the plan than [mine are] known to be; but is it possible to deliberate between anarchy... on one side, and the chance of good to be expected from the plan on the other?" Alexander Hamilton

6 "...a Civil war may result from the present crisis... In Massachusetts...there are two parties, one devoted to Democracy, the worst... of all political evils, the other as violent in the opposite extreme...for this and other reasons... the plan should have been proposed in a more mediating shape." Elbridge Gerry What did the Framers think when the Philadelphia Convention ended? The Constitution has been described as "a bundle of compromises." As you have seen, such prominent features of the Constitution as the different plans for representation in the House and the Senate and the method of selecting the president were settled by compromise. Compromise, however, means that everyone gets less than they want. There were enough compromises in the completed Constitution that nearly every delegate could find something he did not like. During the four months the delegates had spent putting the Constitution together, there were some strong disagreements. Some had walked out of the convention. Three refused to sign the finished document. Benjamin Franklin argued in support of the Constitution. George Mason argued against it. Mason was one of the three delegates remaining until the end of the convention who refused to sign the document. How did Franklin defend the work of the convention? On the last day of the convention, September 17, 1787, Benjamin Franklin prepared a speech intended to persuade all the delegates to sign the completed Constitution. The speech was read by James Wilson, because Franklin's age and illness made him too weak to deliver it himself. "I confess that there are several parts of this Constitution which I do not at present approve... [But] the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others... In these sentiments...i agree with this Constitution with all its faults, if they are such; because I think a general Government necessary for us...[and] I doubt...whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me...to find this system approaching so near to perfection as it does... Thus I consent...to this Constitution because I expect no better, and because I am not sure, that it is not the best... If every one of us in returning to our Constituents were to report the objections he has had to it...we might prevent its being generally received, and thereby lose all the salutary effects and great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from a real or apparent unanimity... On the whole...i cannot help expressing a wish that every member of the Convention who may

7 still have objections to it, would with me on this occasion doubt a little of his own infallibility, and to make manifest our unanimity put his name to this instrument." Why did George Mason object to the Constitution? Less than a week before the convention ended, George Mason wrote a list of objections on his copy of the draft of the Constitution. The list was later printed as a pamphlet during the ratification debate. The following are some of his more important objections: 1. The Constitution does not contain a Bill of Rights. 2. Because members of the Senate are selected by state legislatures, it means that they are not representatives of the people or answerable to them. They have great powers, such as the right to approve the appointment of ambassadors and treaties recommended by the president. They also have the power to try the president and other members of the government in cases of impeachment. These powers place the senators in such close connection with the president that together they will destroy any balance in the government, and do whatever they please with the rights and liberties of the people. 3. The national courts have been given so much power that they can destroy the judicial branches of the state governments by overruling them. If this were to happen, and the only courts available were federal courts, most people would not be able to afford to have their cases heard in these courts, because they would need to travel a great distance. Rich people would have an advantage that would enable them to oppress and ruin the poor. 4. The Constitution does not provide for a council to serve as advisers to the president. Any safe and regular government has always included such a council. Such a council would take the place of the Senate in advising the president on appointments and treaties, and the head of the council would take the place of the vice president. Without it, the president will not get proper advice, and will usually be advised by flattering and obedient favorites; or he will become a tool of the Senate. 5. The president of the United States has the unlimited power to grant pardons for crimes, including treason. He may sometimes use this power to protect people whom he has secretly encouraged to commit crimes, and keep them from being punished. In this way he can prevent the discovery of his own guilt. 6. The Constitution says that all treaties are the supreme law of the land. Since they can be made by the president with the approval of the Senate, together they have an exclusive legislative power in this area. This means they can act without the approval of the House of Representatives, the only branch of the legislature that is directly answerable to the people. 7. The Constitution only requires a majority vote in Congress, instead of a twothirds vote, to make all commercial and navigation laws. The economic interests of the five southern states, however, are totally different from those of the eight northern states, which will have a majority in both houses of Congress. Requiring only a majority vote means that Congress may make laws favoring the merchants

8 of the northern and eastern states, at the expense of the agricultural interests of the southern states. This could ruin the southern states' economies. 8. Because the Constitution gives Congress the power to make any laws it thinks are "necessary and proper" to carry out its responsibilities, there is no adequate limitation on its powers. Congress could grant monopolies in trade and commerce, create new crimes, inflict severe or unusual punishments, and extend its powers as far as it wants. As a result, the powers of the state legislatures and the liberties of the people could be taken from them. Mason also had made other criticisms of the Constitution during the convention. Some were accepted by the Convention; others were incorporated in the Bill of Rights, which was added in What changes in the Constitution would have satisfied George Mason's objections? How did Franklin describe the significance of the convention? The final entry that James Madison made in his notes on the convention describes the scene as the delegates were signing the document they hoped would become the Constitution of the United States. "Whilst the last members were signing it, Doctor Franklin looking toward the President's Chair, at the back of which a rising sun happened to be painted, observed to a few members near him that Painters had found it difficult to distinguish in their art a rising from a setting sun. I have, said he, often in the course of the Session...looked at that [sun] behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting Sun." What do you think? 1. Describe Benjamin Franklin's attitude toward the Constitution. What reasons did he give for his view? 2. Select one of Mason's objections; identify and describe an event in American history or a contemporary event that provides evidence in support of his objection.

9 3. Select one of George Mason's objections and explain what remedies our constitutional government provides for the problem he identified. Then take and defend a position on whether the remedy is adequate. Reviewing and Using the Lesson 1. Why is the Constitution sometimes described as "a bundle of compromises"? 2. What was Benjamin Franklin's opinion of the Constitution crafted by the Framers? 3. Why did George Mason refuse to sign the Constitution? All rights reserved. Permission is granted to freely use this information for nonprofit educational purposes only. Copyright must be acknowledged on all copies. The development of this text was originally funded and cosponsored by the Commission on the Bicentennial of the United States Constitution. The US Department of Education disclaims the responsibility for any opinion or conclusions contained herein. The Federal Government reserves a nonexclusive license to use and reproduce for governmental purposes, without payment, this material where the government deems it in its interest to do so. ISBN

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15 Research on and Evaluation of Center for Civic Education Curricular Programs We the People: The Citizen and the Constitution: Program validated by the Program Effectiveness Panel of the U.S. Department of Education's National Diffusion Network We the People: The Citizen and the Constitution 2005 National Finalists' Knowledge of and Support for American Democratic Institutions and Processes [#132] Sharareh Frouzesh Bennett, Suzanne Soule Center for Civic Education April 2005 [Executive Summary] [2004 Report] [2003 Report] [2002 Report] Touching History: Evaluating a Birmingham Seminar on Teaching Civics and the Struggle for Civil Rights through Teacher Partnerships [#126] Sharareh Frouzesh Bennett, Suzanne Soule Center for Civic Education Paper presented at the Fifth Annual R. Freeman Butts Institute May 2005 Voting and Political Participation of We the People: The Citizen and the Constitution Alumni in the 2004 Presidential Election [#128] Suzanne Soule Director, Research and Evaluation Center for Civic Education May 2005 [Executive Summary] We the People Curriculum: Results of Pilot Test [#140] MPR Associates, Inc. A report to the Center for Civic Education July 2004 [Executive Summary] Civic Education and Political Attitudes: The We the People Curriculum [#141] Richard A. Brody Department of Political Science, Stanford University Published: Journal of Good Society (2001: Vol. 10, No. 1) 2001

16 Secondary Education and Political Attitudes: Examining The Effects on Political Tolerance of the We The People Curriculum [#142] Richard A. Brody Department of Political Science,Stanford University December 1994 [Executive Summary] A Report on a Study of the Affective Impact of We the People:The Citizen and the Constitution [#143] Council on Basic Education 1994 [Executive Summary] An Evaluation of the Instructional Effects of the We the People...The Citizen and the Constitution Program Using "With Liberty and Justice for All" [#144] Robert S. Leming Social Studies Development Center of Indiana University Bloomington, Indiana December 1993 Testing and Learning: How New Approaches to Evaluation Can Improve American Schools (Excerpt) [#145] Ruth Mitchell Council on Basic Education Published Volume: The Free Press, A Comparison of the Impact of the We the People Curricular Materials on High School Students Compared to University Students [#148] ETS: Educational Testing Service January 1991 [Executive Summary] An Evaluation of the Instructional Impact of the Elementary and Middle School Curricular Materials Developed for the National Bicentennial Competition on the Constitution and Bill of Rights [#149] ETS: Educational Testing Service January 1991 [Executive Summary] An Evaluation of the Instructional Effects of the National Bicentennial Competition on the Constitution and Bill of Rights [#150] ETS: Educational Testing Service May 1988 [Executive Summary]

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18 We the People Kansas State Dept. of Education c/o Lynn Stanley 120 SE 10 th Avenue Topeka, KS Phone: (785) Fax: (785) An Equal Employment/Educational Opportunity Agency The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: KSDE General Counsel 120 SE 10th Ave. Topeka, KS Cultivating a sense of the glue that binds the many pages of American society is an essential part of good civics instruction, says Charles N. Quigley, Executive Director of the Center for Civic Education. He stresses the importance of asking What unites us? What are the principles and values that define us? What does it mean to be an American? The true beneficiaries of this institute are not the teachers who attended. Rather, our students will be the real winners. The instructors were top notch; it s very rare to have such a cadre of experience in a week-long class! The materials are thorough and easy to use. The classes were well organized, and we were treated so well. It was just plain hard work preparing for the hearing. It was humbling, knowing that there was so much to learn about the Constitution. But I felt as if the time was very well spent, and it will be nice to be able to apply the knowledge in the classroom. I am anxious to start working on the We the People curriculum with my 8th graders. -Pam Jordan We the People Institute was a very valuable experience that I would recommend to any social studies teacher! I was allowed to see the constitution in a whole new way and gained a new respect for our government. Definitely a week well spent. -Cynthia Corn Excerpted from the Harvard Education Letter, Nov./Dec. 2001, Teaching Civics After Sept.11 Quotes from former participants (used with permission of their institute director) We the People... The Citizen & the Constitution Kansas Summer Institute For Kansas Teachers of Grades 5-12 Topeka, Kansas Brown v. Board of Education National Historic Site JULY 8-13, 2007 Kansas State University Kansas State Department of Education

19 We the People Kansas Summer Institute: An intensive, week-long professional development program on the U.S. Constitution and Bill of Rights. Forty upper elementary and secondary teachers from Kansas will be selected to work with constitutional scholars, and learn how to implement We the People the Citizen and the Constitution curriculum into their classes giving their student the experience of a lifetime. We the People Curriculum Addresses the Following Topics: What are the Historical and Philosophical Foundations of the American Political System? How Did the Framers Create the Constitution? How Did the Values and Principles Embodied in the Constitution Shape American Institutions and Practices? How Have the Protections of the Bill of Rights Been Developed and Expanded? What Are the Roles of the Citizen in the American Democracy? You pay nothing to attend! Participants will Receive at No Cost: Room and Board Travel expenses A library of constitutional literature A set of textbooks and other classroom materials Content instruction from leading constitutional scholars Methods instruction from We the People mentor teachers and university faculty This program was also made possible from contributions to the Brown Foundation for Educational Equity, Excellence, and Research About the We the People Curriculum Administered nationally by the Center for Civic Education, the primary goal of We the People The Citizen & the Constitution is to promote civic competence and responsibility among the nations elementary and secondary students. The instructional program complements the regular school curriculum by providing students with an innovated course on the history and principles of constitutional democracy in the United States. This nationally acclaimed program ends with a culminating activity in which students testify before a council of judges demonstrating their knowledge of constitutional principles and defending their positions on relevant historical and contemporary issues. Since the inception of the We the People program in 1987, more than 24 million students and 75 thousand educators have participation in this exciting course of study. It is funded by the US Department of Education by an Act of Congress. Up to three hours of graduate credit is available through Kansas State University. Participation in the Institute is valued at more than $2,000, and obligates the participant to implement We the People The Citizen and the Constitution, and to conduct a simulated congressional hearing in the classroom. State and district coordinators, as well as the program advisor at KSU will assist with this implementation How to Apply: Complete attached application form. The application form is available for download at socialstudies.html on the history-government homepage. Secure administrative support on attached application. Enclose two letters of recommendation from current or past colleagues. Send the attached application form and letters to: We the People KSDE c/o Lynn Stanley History-Government Program Consultant 120 SE 10 th Avenue Topeka, KS Or fax to Online registration is available at For more information regarding the Institute or the graduate credit option, or for additional applications, please contact Lynn Stanley at (785) / lstanley@ksde.org or Dr. Tom Vontz at (785) / tvontz@ksu.edu. (Detach here) Name/Position Grade/Classes you teach School Name/District School Address We the People the Citizen & the Constitution Summer Institute 2007 Application Form Please fill out completely. Please print or type City State Zip School Phone School Fax Home Phone Address Home Address City State Zip Have you used We the People... materials in your classroom? If so, for how long and to what extent? (note: We the People... experience is not a determinant of institute participation). Written Statement: (Please attach) In no more than 300 words, describe your current teaching assignments and your interest in the institute subject matter. Explain how you think participating in the institute can benefit your teaching. Statement of Administrative Support Administrative Contact Person Title School Name/District School Address City State Zip School Phone School Fax The school district understands that Name of Applicant is obligated to conduct a We the People... simulated congressional hearing in his/her classroom as part of the normal curriculum. The district will support him/her in this activity. The school district also understands that high school teachers may choose to enter their classes in a We the People... national competition according to the guidelines in the We the People... Program Participation Handbook. Signature