S.M.A.R.T.box. The Bill of Rights: A Living Document Teacher s Guide CURRICULUM MEDIA GROUP. Standards-based MediA Resource for Teachers
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1 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 1 CURRICULUM MEDIA GROUP S.M.A.R.T.box Standards-based MediA Resource for Teachers TM The Bill of Rights: A Living Document Teacher s Guide A DIVISION OF FILMS MEDIA GROUP
2 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 2 INTRODUCTION This Teacher s Guide provides information to help you get the most out ofthe Bill of Rights: A Living Document. The contents in this guide will allow you to prepare your students before using the program and present follow-up activities to reinforce the program s key learning points. This video describes and explains the first ten amendments to the Constitution, known as the Bill of Rights. The program highlights how the amendments are relevant to teenagers today, and applies specific amendments to situations with which teens would be familiar. The program also describes some of the documents which protected people s rights before the creation of the Bill of Rights. LEARNING OBJECTIVES After viewing the program, students will be able to: Define the first ten amendments to the constitution. Understand how the Bill of Rights applies to present-day life. Understand that there are different interpretations for many of the amendments. Understand why James Madison wrote the Bill of Rights to be non-specific. EDUCATIONAL STANDARDS National Standards This program correlates with the National Standards for Civics and Government from the Center for Civic Education and the National Standards for History from the National Center for History in the Schools. The content has been aligned with the following educational standards and benchmarks from these organizations. Understand the purposes and uses of constitutions. Understand the relationship of limited government to political and economic freedom. Understand the necessity of politics and government. Understand how American constitutional government has shaped the character of American society. Understand the American idea of constitutional government. Understand judicial protection of the rights of individuals. Understand the scope and limits of rights. Identify economic rights. Identify political rights. Identify personal rights. Understand the institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Understand the causes of the American Revolution, the ideas and interests involved in forging the revolutionary movement, and the reasons for the American victory and the impact of the American Revolution on politics, economy, and society. Understand the extension, restriction, and reorganization of political democracy after Reprinted with permission. National Standards for Civics and Government Center for Civic Education. Calabasas, California. The National Standards for History, Basic Edition reprinted with permission from the National Center for History in the Schools. English Language Arts Standards The activities in this Teacher s Guide were created in compliance with the following National Standards for the English Language Arts from the National Council of Teachers of English. Apply knowledge of language structure, language conventions (e.g., spelling and punctuation), media techniques, figurative language, and genre to create, critique, and discuss print and non-print texts. 2 Use spoken, written, and visual language to accomplish their own purposes (e.g., for learning, enjoyment, persuasion, and the exchange of information). Adjust their use of spoken, written, and visual language (e.g., conventions, style, vocabulary) to communicate effectively with a variety of audiences and for different purposes.
3 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 3 Employ a wide range of strategies as they write and use different writing process elements appropriately to communicate with different audiences for a variety of purposes. Use a variety of technological and information resources (e.g., libraries, databases, computer networks, video) to gather and synthesize information and to create and communicate knowledge. Conduct research on issues and interests by generating ideas and questions, and by posing problems. They gather, evaluate, and synthesize data from a variety of sources (e.g., print and non-print texts, artifacts, people) to communicate their discoveries. Participate as knowledgeable, reflective, creative, and critical members of a variety of literacy communities. Standards for the English Language Arts, by the International Reading Association and the National Council of Teachers of English, copyright 1996 by the International Reading Association and the National Council of Teachers of English. Reprinted with permission. Technology Standards The activities in this Teacher s Guide were created in compliance with the following National Education Technology Standards from the National Education Technology Standards Project. Demonstrate proficiency in the use of technology. Practice responsible use of technology systems, information, and software. Use a variety of media and formats to communicate information and ideas effectively to multiple audiences. Use technology tools to enhance learning, increase productivity, and promote creativity. Use technology to locate, evaluate, and collect information from a variety of sources. The National Education Technology Standards reprinted with permission from the International Society for Technology Education. PROGRAM OVERVIEW Brief animations introduce key issues in this up-to-date look at the Bill of Rights. Civics experts explore the complexity of individual rights versus the common good in discussions about hate speech, school newspapers, random drug testing, gun control, and terrorism. Historical segments explain Colonial Militias, the Intolerable Acts, Freedom of Worship, the Rights of Accused Persons, and the origins of the idea of individual rights. The end result is a persuasive argument that the Bill of Rights is a vital, living document and that all citizens share the responsibility to understand, protect, and uphold it. MAIN TOPICS Topic 1: The 1st Amendment The program begins by introducing viewers to the 1st Amendment, and discussing how it applies to high school students. Topic 2: The 2nd Amendment This section debates the 2nd Amendment (the right to bear arms) by gathering testimony from experts, who explain that the amendment is open to different interpretations. Topic 3: The 3rd and 4th Amendments This section describes how the 3rd and 4th Amendments protect citizens against unlawful search and seizure. It also delves into how these amendments affect students in terms of locker searches and drug testing. Topic 4: Trial Amendments The 5th, 6th, 7th, and 8th Amendments are defined in this section of the program. These amendments are all related to a person s trial rights and rights to just punishment. Topic 5: The 9th and 10th Amendments Here, the 9th and 10th Amendments illustrate why the Constitution is called a living document. These amendments summarize and allow for many unwritten rights to be afforded to people. FAST FACTS The word privacy does not appear anywhere in the Constitution. The process for amending the Constitution is described in Article V. 3 The first ten amendments to the Constitution are called the Bill of Rights. Amendments are not removed from the Constitution. They are repealed by adding another amendment which nullifies the first.
4 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 4 The 13th, 14th, and 15th Amendments are known as the Civil War Amendments because they were passed in the aftermath of the Civil War to abolish slavery, give African-Americans the right to vote, and grant them legal and representative equality. The 18th Amendment (prohibiting the manufacture, transport, or sale of alcohol) is the only amendment to be repealed by another amendment the 21st. Women did not have the right to vote in national or state elections until 1920, when the 19th amendment was ratified, ending the women s suffrage movement. Amendment 26, lowering the voting age to 18, was ratified only 4 months after it was proposed. It took Amendment 27, limiting politicians pay raises, more than 200 years to be ratified. An amendment can be proposed by a two-thirds majority of both congressional houses, or by a special constitutional convention of two-thirds of the states legislatures. An amendment can be ratified by a three-fourths majority of the states or by a special ratifying convention made up of the states legislatures. VOCABULARY TERMS amendment: In government and law, an addition or alteration made to a constitution, statute, or legislative bill or resolution. Bill of Rights:The first ten amendments to the Constitution that were adopted in These are the basic rights that all Americans have. The Bill of Rights purpose is to protect the people from the government. checks and balances: A system set by the Constitution in which the executive, legislative, and judicial branches of government have the power to check each other to maintain a balance of power. civil rights:those rights that belong to all persons who are citizens of a state or country. constitution: A group of customs, traditions, rules and laws that sets forth the basic way a government is organized and operated. democracy:the governmental philosophy in which the people ideally have a high degree of control over political leaders. executive branch: The U.S. president and the departments that carry out the laws of the federal government. founding fathers: Individuals who made significant intellectual contributions to the Constitution. framers: Individuals who helped craft the Constitution. government: The organization, machinery or agency through which a political unit exercises authority and performs functions, and which is usually classified according to the distribution of power within it; the complex of political institutions, laws, and customs through which the function of governing is carried out. House of Representatives: The lower chamber, it is the larger of the two chambers of Congress. The number of representatives depends on each state s population but is limited to a total of 435 members. inalienable rights: The natural rights of citizens defined by John Locke as life, liberty, and property that can only be taken away by God. Government is created to protect these rights. judicial branch: One of the three branches of our government; its purpose is to interpret laws. legislative branch:the division of government that makes the laws; Congress. militia: Military organization of citizens with limited military training, which is available for emergency service, usually for local defense. ratify: To pass or approve. Senate: One of the two houses of Congress historically known as the upper house that contains two representatives from each state, regardless of population. Presently there are 100 members in this body. separation of powers:the philosophy of a balanced government in which each of the three branches (executive, legislative, judicial) have their own powers. 4 PRE-PROGRAM DISCUSSION QUESTIONS 1. Can you describe two rights that the Constitution ensures to every U.S. citizen? 2. What is an amendment? Can you describe two amendments to the Constitution? 3. How are non-citizens protected by the Constitution? 4. Which rights are most important to you, and why? 5. Can you describe a situation in which either you or someone else may have had their rights violated?
5 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 5 POST-PROGRAM DISCUSSION QUESTIONS 1. What kinds of amendments do you think might be drafted in the future? 2. Why could the Bill of Rights be considered anti-democratic? 3. What rights do you have that students in other parts of the world might not? 4. The 4th Amendment protects citizens against unlawful search and seizure. Are searches at airports, concerts, or sporting events constitutional? 5. How do television and the media illustrate the 5th, 6th, 7th, and 8th Amendments? GROUP ACTIVITIES Amending the Amendments This exercise is designed to demonstrate the foresight of the founding fathers when they drafted the Constitution and the Bill of Rights. Break students up into ten small groups and assign one of the first ten amendments to each group. Each group should read the amendment, attempt to interpret what it means, and decide when it does and does not apply. Then, each group should rewrite the amendment so that it cannot be misunderstood or misinterpreted. The groups will present both the original and the revised amendments to the class and have students vote on which is better. Ask the class if they think the version they chose will be applicable 10, 25, or 100 years from now. INDIVIDUAL STUDENT PROJECTS My Amendment Students should be familiar with the Constitution after viewing this program. Have each student write an amendment to the Constitution about an issue he or she feels strongly about. Students should write their amendment using the same language as in the original Constitution. INTERNET ACTIVITIES The Right to Rights Have the students read the Bill of Rights. Then, instruct them to create a list of things they can do everyday that are protected by the Bill of Rights. Using the Internet, students should find an example of another government which does not allow its citizens to do one or more of the things granted in the Bill of Rights. ASSESSMENT QUESTIONS Q:The Bill of Rights is made up of the first amendments to the U.S. Constitution. (a) 5 (b) 10 (c) 15 (d) 27 A: (b) 10 Feedback: The Bill of Rights is made up of the first ten amendments. They were added to the Constitution almost immediately after it was written. Q:The Bill of Rights places the rights of the group over the rights of the individual. (True of False) A: False Feedback: In a sense, the Bill of Rights is anti-democratic because it protects the rights of the individual against the majority. Q: What rights are established by the 1st Amendment? Answer/Feedback: The 1st Amendment establishes freedom of speech, of the press, the right to assemble in protest, and freedom of religion or the right to not practice a religion. Q: When the Bill of Rights was first written, it applied to. (a) all citizens (b) all males (c) only white males (d) white men and women A: (c) only white males Feedback: While the rights guaranteed by the Bill of Rights were considered to be fundamental rights natural to each person, they were not extended to women, African Americans, or Native Americans until much later. 5
6 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 6 Q: An amendment may become part of the Constitution by. (a) approval by conventions in three-fourths of the states (b) approval of the president (c) approval by a majority of governors (d) majority vote in the Supreme Court A: (a) approval by conventions in three-fourths of the states Feedback: An amendment may become part of the Constitution by approval by conventions in three-fourths of the states. Q: No person s house or property may be searched without. (a) the person present (b) a government investigation (c) a search warrant (d) evidence of treason A: (c) a search warrant Feedback: The 4th Amendment protects individuals from unlawful search and seizure without due cause, which must be stated in a search warrant. Q: A person accused of a crime has a right to. (a) a speedy trial (b) a trial by an impartial jury (c) hear the witnesses testifying against him or her (d) all of these A: (d) all of these Feedback: The 5th, 6th, 7th, and 8th Amendments protect a person s rights in a trial situation. Q: Alexander Hamilton wrote the Bill of Rights. (True or False) A: False Feedback: James Madison wrote the Bill of Rights. Q: How many amendments have been added to the Constitution since the Bill of Rights? A: 17 Feedback: There are a total of 27 amendments to the constitution. The 18th Amendment prohibiting the manufacture, transport, or sale of alcohol is the only amendment to be repealed by another amendment (the 21st). Q:The 9th Amendment affords citizens all rights that are not specifically spelled out in the Constitution. (True or False) A: True Feedback: The 9th Amendment affords the people rights that are not specifically spelled out in the Constitution, such as the right to marry and the right to privacy. ADDITIONAL RESOURCES The White House The U.S. Constitution Online Government Resources THOMAS (The Library of Congress) The National Archives America s Historical Documents GovSpot U.S. government, state government & more 6 Govtrack.us a civic project to track Congress OpenCongress Track bills, votes, senators, and representatives in the U.S. Congress
7 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 7 United States Senate United States House of Representatives PUBLICATIONS Abigail Adams: Witness to a Revolution, by Natalie S. Bober. Pocket Books, ISBN: Amending America: If We Love the Constitution So Much, Why Do We Keep Trying to Change It? by Richard B. Bernstein, Jerome Agel (contributor). Times Books, ASIN: American Patriots: The Story of Blacks in the Military from the Revolution to Desert Storm, by Gail Lumet Buckley. Random House, ISBN: Founding Brothers: The Revolutionary Generation, by Joseph J. Ellis. Knopf, ISBN: Jefferson s Pillow: The Founding Fathers and the Dilemma of Black Patriotism, by Roger Wilkins. Beacon Press, ISBN: Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787, by Catherine Drinker Bowen. Little Brown & Co., ISBN: OTHER PRODUCTS U.S. Government: How It Works While the complexities of the American political system have never been greater, the right visual aid can help students sift through them and even develop a passion for the subject. This six-part series is an ideal tool for introducing and exploring key aspects of U.S. government and public policy. Using a combination of eye-catching graphics, dynamic video footage, and interviews with legal and political scholars, each episode celebrates a particular dimension of American democracy while equipping students to candidly discuss political issues. Topics range from the Constitution and the three branches of government to the electoral process and the responsibilities of citizenship. Viewable/printable instructor s guides are available online. A Films for the Humanities & Sciences Production. 6-part series (21-26 minutes each) 2010 Order #: 39960, Moyers: Report from Philadelphia Video Clip Collection Themes This two-part set composed of 76 clips (2:35 each) is arranged into groupings that take a thematic approach to the Constitutional Convention of A viewable/printable instructor s guide is available online. 2-part set. Themes from the 1787 Constitutional Convention Part 1 This program uses 38 video clips (2:35 each) to explore seven themes that emerged during the Constitutional Convention of 1787, some of which are still relevant today. (104 minutes) Themes from the 1787 Constitutional Convention Part 2 This program uses 38 video clips (2:35 each) to explore seven more themes of the Constitutional Convention of 1787, including National Powers: War, Taxes, and National Defense. (104 minutes) Order #: 39942, The Amendments to the Constitution: Bill of Rights and Beyond This comprehensive three-part series explores each Constitutional amendment, its origins, its real-world applications, its history of interpretation in America s courts, and its implications for the future. A Cambridge Educational Production. 3-part series (43-61 minutes each) Order #: 36175, Bill of Rights: Bill of Responsibility Bill Maher hosts this witty inquiry into the meaning of the U.S. Constitution in our lives today. Order #: 7984, Symbols of Freedom, Posters This laminated poster set beautifully captures the reassuring dignity and inspirational power of six national icons while providing dozens of fascinating facts about them. Order #: 36962,
8 30819_Bill of Rights SB TG 8x11_10_ /21/10 2:42 PM Page 8 CURRICULUM MEDIA GROUP 200 American Metro Blvd, Suite 124 Hamilton, NJ Phone Fax sales@films.com A DIVISION OF FILMS MEDIA GROUP COPYRIGHT 2004 PACKAGE 10/2010
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