Teacher s Guide Comparing Constitutions: Massachusetts. Step by Step

Transcription

1 Teacher s Guide Comparing Constitutions: Massachusetts Time Needed: 1-2 class periods Materials: Student worksheets Overhead transparencies or projector (optional) Outline or paper copy of the Massachusetts Constitution (optional) Handouts: Reading & Comparison Activity packet (5 pages double-sided; class set) Anticipate Distribute Read Display Compare Continue Display Assign Finish Step by Step by asking the student how many constitutions the United States has. Explain that there is one for the federal government, one for each state, and many local governments have them too! one Reading & Comparison Activity packet to each student. the first paragraph with the class. Objectives: Students will be able to... Describe provisions of the Massachusetts Constitution that define and distribute powers and authority of the state government Identify additional protections provided by the Massachusetts Constitution that are not provided by the U.S. Constitution Analyze the differences between amending the U.S. Constitution and amending the Massachusetts Constitution Compare core documents associated with the protection of individual rights, including the Bill of Rights, the 14th Amendment to the United States Constitution, and Article I of the Massachusetts Constitution Distinguish between the enumerated and implied powers of the U.S. Constitution and the Massachusetts Constitution the preamble comparison on your overhead projector. the two preambles. Help the class underline the parts that are the same by underlining on your overhead master with a pen. through the comparison packet in this way, reading and comparing until you have finished the comparison packet. (When comparing the rights each constitution gives to citizens, make sure to help students find general differences instead of trying to compare word for word.) Alternatively, allow students to complete the packet individually or in pairs. the enumerated and implied powers section and review as a whole class. students to complete the enumerated and implied powers section individually or in pairs. Encourage students to brainstorm implied powers - there are many potential answers. by comparing the amendment process at the federal and state levels. You may copy, distribute, or transmit this work for noncommercial purposes only. This copyright notice or a legally valid equivalent such as 2018 icivics Inc. shall be included in all such copies, distributions or transmittals. All other rights reserved. Find this lesson and other materials at

2 The Unstoppable John Adams... Our nation s first vice president and second president was never one to take it easy. In 1775, at the age of 20, he graduated from Harvard and began work as a lawyer in Boston, quickly drawing attention for his sophisticated arguments. In the years that followed, he successfully defended the British Soldiers in the Boston Massacre, helped draft the Declaration of Independence in 1776, and set sail to France to represent the United States alongside Ben Franklin. Upon returning to Boston in October 1779, Adams worked quickly to draft the Massachusetts Constitution. A month later, he was off again, sailing to Great Britain to negotiate an end to the Revolutionary War. If You ve Seen One......and the Everlasting Constitution You may not realize it, but you re living under the authority of two constitutions: the U.S. Constitution and the Constitution of the Commonwealth of Massachusetts. Because, no, one isn t enough. The U.S. Constitution mostly addresses the federal government s functions and powers, but there are lots of things the federal government doesn t have the authority to do. The constitution Adams dashed out in the fall of 1779 is still the law of the land, outlining the powers of the state and its voters. It also holds the title of the world s oldest functioning constitution. Adams document, with its Declaration of Rights and three branches of government inspired the framers at the U.S. Constitutional Convention, who in many cases borrowed from Adams almost word-for-word.... you have not seen them all! State constitutions usually have many things in common with the United States Constitution, but there are many differences too. The U.S. Constitution begins with a Preamble that introduces the Constitution and explains its purpose. The Massachusetts Constitution also has a preamble. Activity: Compare the Preamble of the U.S. Constitution with the Preamble of the Massachusetts Constitution. Box the parts that are the same in both documents. PREAMBLE, U.S. CONSTITUTION We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. PREAMBLE, MASSACHUSETTS CONSTITUTION We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts. Reading & Comparison Activity p.1

3 Government Rules! Just as the U.S. Constitution gives the rules for how the U.S. government should run, state constitutions give rules for how a state government should run. State governments operate independently from the federal government, and a state s constitution sets out the structure and functions of the state s government. Like the U.S. Constitution, all state constitutions create three branches of government: Executive, Judicial, and Legislative. States may structure their individual branches differently than the federal government, however, because state governments have a lot of responsibilities that are different from what the federal government does. The U.S. Constitution requires states to be governed by a representative democracy, which means state citizens must be able to elect their government representatives. But beyond that, states are free to organize their governments in a way that best suits the state s individual needs. Activity: Compare how the government is set up in the U.S. Constitution with how the state government is set up by the Massachusetts Constitution. This time, underline the parts that are different: U.S. Constitution Article II, Section I. The executive Power shall be vested in a President of the United States of America. Article III, Section I. The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Massachusetts Constitution Article I. There shall be a supreme executive magistrate, who shall be styled, The Governor of the Commonwealth of Massachusetts; and whose title shall be -- His Excellency. Article III. The general court (legislature) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the commonwealth The Massachusetts Supreme Judicial Court (SJC), established in 1692 as part of the Salem Witch Trials, is the oldest appellate court in continuous existence in the Western Hemisphere Source: National Endowment for the Humanities Reading & Comparison Activity p.2

4 Continued from last page... U.S. Constitution Article I, Section I. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article I, Section III. The Senate of the United States shall be composed of two senators from each State, chosen for six Years The House of Representatives shall be composed of Members chosen every second year Article I, Section VII. All Bills for raising Revenue shall originate in the House of Representatives Article I, Section VII. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it If any Bill shall not be returned within ten Days the Same shall be a Law Massachusetts Constitution Article I. The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a negative on the other. Article LXIV, Section I. The governor, lieutenantgovernor, councillors, secretary, treasurer and receiver-general, attorney-general, auditor, senators and representatives shall be elected biennially. Article VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same...if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. Checks and Balances Early state constitutions favored the legislature or the elected body of representatives. Typically, it was the legislators who had final say on things. The idea was that an elected body would look out for the peoples interests, but in practice legislators often formed groups that looked out for their own interests. People grew tired of being told what to do and being charged high taxes - it was almost like the British never left! Massachusetts addressed this problem by giving the governor the power to put a check on what the legislature was doing. In Massachusetts the governor had the power to veto or reject proposed laws and taxes and appoint judges and other officials. To protect the governor, his salary was set at a fixed rate and could not be changed by the legislature. These moves helped balance the scales of power between the legislature, the courts, and the governor so that no one branch of government could dominate the other. This system of checks and balances soon became the model for the national constitution. In the national or federal system the President, Congress, and the Judiciary all work in tandem to ensure that no one branch has too much power. Reading & Comparison Activity p.3

5 Everybody s Got Rights The U.S. Constitution itself doesn t include many protections for individual rights. These kinds of rights are listed in the first ten amendments to the Constitution, called the Bill of Rights, and in many of the other 27 amendments. State constitutions contain many of these same rights and guarantees, which are normally written into the state s constitution itself. Why the overlap? Before 1925, the Bill of Rights was understood to restrict only the federal government s actions not state governments actions. Each state s constitution guaranteed its citizens certain individual rights, which were often the same as those in the Bill of Rights. Since 1925, the Supreme Court has ruled that most of the Bill of Rights applies at the state level, too. States can t offer citizens fewer rights, but they can offer more, and sometimes they do. Activity: To see how a state constitution might offer similar yet different rights than the U.S. Constitution, compare the U.S. Constitution with parts of the Massachusetts Constitution. Underline the main difference in the Massachusetts Constitution (don t get too nitpicky), then check the statement that best describes the difference. Amendment XIV: No state shall... deny to any person within its jurisdiction the equal protection of the laws. Article CVI. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. *this language was added to the Massachusetts Constitution in 1976 as part of the national Equal Rights Amendment (ERA) movement The right being discussed is equality before the. Massachusetts constitution gives q more protection. q the same protection. Amendment XV, XIX, and XXVI: The right of citizens of the United States to vote shall not be denied... on account of race,...[or] on account of sex...[or to citizens] who are eighteen years of age or older... Amendment I: Congress shall make no law... abridging the freedom of speech, or of the press... Article XX. No person shall [have the right to vote, or] be eligible to office under the constitution of this commonwealth, who shall not be able to read the constitution in the English language, and write his name. Article XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. The right of free speech shall not be abridged. Does the U.S. Constitution mention reading and writing as requirements for voting? q Yes q No The right being discussed is freedom of and of the. Both constitutions forbid passing that limit these rights. The Massachusetts Constitution says the liberty of the press is. Keep going on the next page... Reading & Comparison Activity p.4

6 Continued from last page... Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. X Amendment V: No person shall be... subject for the same offence to be twice put in jeopardy of life or limb; nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law... Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it. Article III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce Article XII. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his council at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. Article XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. The right being discussed is the right to. Massachusetts constitution also says the military should be controlled by. Does the U.S. Constitution mention shillings and pence? q Yes q No What country s money was Massachusetts using in 1790? In both constitutions a person cannot be deprived of,, and. What additional protections does the Massachusetts constitution list? Both constitutions guarantee freedom from unreasonable and. If these documents were written today, what else might be mentioned along with a person s papers?. Keep going on the next page... Reading & Comparison Activity p.5

7 Continued from last page... X Chapter V, Section II. Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns What does the Massachusetts Constitution declare necessary for the preservation of rights and liberties? Does the U.S. constitution mention universities, public, and grammar schools? q Yes q No Massachusetts passed a law in 1647, commonly called the Deluder Satan Act, which required that towns of a certain size hire a schoolmaster to teach local children so that they could read the Bible. Source: Library of Congress X Chapter V, Section I. Whereas our wise and pious ancestors, so early as the year [1636], laid the foundation of Harvard College, in which university many persons of great prominence have, by the blessing of God, been initiated in those arts and sciences which qualified them for the public employments, both in church and State Does the U.S. constitution mention any colleges? q Yes q No How many years had Harvard been around when the constitution was written in 1790? Keep going on the next page... Reading & Comparison Activity p.6

8 Continued from last page... Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... Article II. It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. The right being discussed is the freedom of. The Massachusetts constitution says that people can worship any way they wish as long as they do not or. Enumerated or Implied? The United States Constitution and the Massachusetts Constitutions provide lists of specific things that the government cannot do. These are found in the Bill or Rights (U.S.) or the Declaration of Rights (MA). The government, for example cannot tell the press what to print or tell people where to worship. Both constitutions are focused on limiting the reach of government into people s lives, either by defining what it can t do, or spelling out what exactly it can do. The powers specifically spelled out are called enumerated powers. These powers include a range of things, such as setting taxes, establishing courts and raising armies. Any additional power that the government needs to carry out one of its enumerated powers is called an implied power. For example, neither constitution spells out that the military or National Guard has the power to establish bases, but that idea is implied in the enumerated power that calls for a military force. It is also safe to assume that the soldiers will need weapons and food, so the government can provide those without a specific constitutional declaration. This is made possible by the Necessary and Proper Clause. It is also called the Elastic Clause because it can stretch the government s power like a rubber band. The United States Constitution: Article I - The Legislative Branch, Section VIII. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Massachusetts Constitution: Chapter I, Section I - The General Court, Article IV. Full power and authority are hereby given and granted to the said general court from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution Reading & Comparison Activity p.7

9 Activity: Below are a selection of Enumerated Powers from the Massachusetts and U.S. Constitution after reading the power, determine what powers it implies. Massachusetts Constitution Article XLIII. Enumerated: The general court shall have power to authorize the commonwealth to take land and to hold, improve, subdivide, build upon and sell the same, for the purpose of relieving congestion of population and providing homes for citizens. Implied: What powers are implied by this? Hiring and paying the surveyors, builders, etc to do the work, evaluating needs, compensating for lost property The United States Constitution: Article I - The Legislative Branch, Section VIII. Enumerated: To provide and maintain a Navy Implied: Massachusetts Constitution Article XLVI. Enumerated: All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the commonwealth for the support of common schools Implied: The United States Constitution: Article I - The Legislative Branch, Section VIII. Enumerated: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures Implied: Reading & Comparison Activity p.8

10 We Need a Little Change Around Here Nothing stays the same not even constitutions. Changing a constitution is a big deal. That s because a constitution is the foundation for all the other laws in the country or in a state. Because constitutions are so important, it s not easy to change them. They don t pull a constitutional amendment out of a hat! Usually there is a complicated procedure that requires many people to agree on the proposed amendment. There are two main steps to amending (changing) most constitutions: proposing (suggesting) an amendment and ratifying (approving) the amendment. Compare the methods for amending the U.S. Constitution with the methods for amending Massachusetts constitution. Step 1: Proposing an Amendment U.S. Constitution Method 1: Two-thirds of the members of both the Senate and the House of Representatives vote to propose an amendment Method 2: the legislatures in 2/3 of the states vote to propose an amendment Massachusetts Constitution Method 1: Initiative Amendments - citizens must garner 25,000 voter signatures to be brought before the Massachusetts Legislature. Then, lawmakers must meet no later than the second Wednesday in June of that year for a Constitutional Convention, where at least 50 out 200 legislators must approve the amendment. Method 2: Legislative Amendments: The Legislature proposes an amendment which must then be voted on by a Constitutional Convention of 200 lawmakers, it has to win a majority of the votes for two years in a row before it can move on to ratification. Step 2: Ratifying an Amendment Method 1: the legislatures in three-fourths (3/4) of the states vote to approve the amendment Method 2: Three-fourths of the states hold conventions that vote to approve the amendment Method 1: The proposed amendment is put on a ballot for voters to decide on in the next general election. If the amendment wins a majority of votes it becomes law, but even then it s up to legislature to decide how to implement the law, a process that can significantly delay or alter the amendment. Activity: There is one major way that ratifying Massachusetts constitution is different from ratifying the U.S. Constitution. What is that major difference? Why do you think we don t do that for ratifying the U.S. Constitution? Reading & Comparison Activity p.9

11 The Unstoppable John Adams... Our nation s first vice president and second president was never one to take it easy. In 1775, at the age of 20, he graduated from Harvard and began work as a lawyer in Boston, quickly drawing attention for his sophisticated arguments. In the years that followed, he successfully defended the British Soldiers in the Boston Massacre, helped draft the Declaration of Independence in 1776, and set sail to France to represent the United States alongside Ben Franklin. Upon returning to Boston in October 1779, Adams worked quickly to draft the Massachusetts Constitution. A month later, he was off again, sailing to Great Britain to negotiate an end to the Revolutionary War. If You ve Seen One......and the Everlasting Constitution ** TEACHER GUIDE ** You may not realize it, but you re living under the authority of two constitutions: the U.S. Constitution and the Constitution of the Commonwealth of Massachusetts. Because, no, one isn t enough. The U.S. Constitution mostly addresses the federal government s functions and powers, but there are lots of things the federal government doesn t have the authority to do. The constitution Adams dashed out in the fall of 1779 is still the law of the land, outlining the powers of the state and its voters. It also holds the title of the world s oldest functioning constitution. Adams document, with its Declaration of Rights and three branches of government inspired the framers at the U.S. Constitutional Convention, who in many cases borrowed from Adams almost word-for-word.... you have not seen them all! State constitutions usually have many things in common with the United States Constitution, but there are many differences too. The U.S. Constitution begins with a Preamble that introduces the Constitution and explains its purpose. The Massachusetts Constitution also has a preamble. Activity: Compare the Preamble of the U.S. Constitution with the Preamble of the Massachusetts Constitution. Box the parts that are the same in both documents. PREAMBLE, U.S. CONSTITUTION We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. PREAMBLE, MASSACHUSETTS CONSTITUTION We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts. Reading & Comparison Activity p.1

12 Government Rules! ** TEACHER GUIDE ** Just as the U.S. Constitution gives the rules for how the U.S. government should run, state constitutions give rules for how a state government should run. State governments operate independently from the federal government, and a state s constitution sets out the structure and functions of the state s government. Like the U.S. Constitution, all state constitutions create three branches of government: Executive, Judicial, and Legislative. States may structure their individual branches differently than the federal government, however, because state governments have a lot of responsibilities that are different from what the federal government does. The U.S. Constitution requires states to be governed by a representative democracy, which means state citizens must be able to elect their government representatives. But beyond that, states are free to organize their governments in a way that best suits the state s individual needs. Activity: Compare how the government is set up in the U.S. Constitution with how the state government is set up by the Massachusetts Constitution. This time, underline the parts that are different: U.S. Constitution Article II, Section I. The executive Power shall be vested in a President of the United States of America. Article III, Section I. The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Massachusetts Constitution Article I. There shall be a supreme executive magistrate, who shall be styled, The Governor of the Commonwealth of Massachusetts; and whose title shall be -- His Excellency. Article III. The general court (legislature) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the commonwealth The Massachusetts Supreme Judicial Court (SJC), established in 1692 as part of the Salem Witch Trials, is the oldest appellate court in continuous existence in the Western Hemisphere Source: National Endowment for the Humanities Reading & Comparison Activity p.2

13 Continued from last page... ** TEACHER GUIDE ** U.S. Constitution Article I, Section I. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article I, Section III. The Senate of the United States shall be composed of two senators from each State, chosen for six Years The House of Representatives shall be composed of Members chosen every second year Article I, Section VII. All Bills for raising Revenue shall originate in the House of Representatives Article I, Section VII. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it If any Bill shall not be returned within ten Days the Same shall be a Law Massachusetts Constitution Article I. The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a negative on the other. Article LXIV, Section I. The governor, lieutenantgovernor, councillors, secretary, treasurer and receiver-general, attorney-general, auditor, senators and representatives shall be elected biennially. Article VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same...if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. Checks and Balances Early state constitutions favored the legislature or the elected body of representatives. Typically, it was the legislators who had final say on things. The idea was that an elected body would look out for the peoples interests, but in practice legislators often formed groups that looked out for their own interests. People grew tired of being told what to do and being charged high taxes - it was almost like the British never left! Massachusetts addressed this problem by giving the governor the power to put a check on what the legislature was doing. In Massachusetts the governor had the power to veto or reject proposed laws and taxes and appoint judges and other officials. To protect the governor, his salary was set at a fixed rate and could not be changed by the legislature. These moves helped balance the scales of power between the legislature, the courts, and the governor so that no one branch of government could dominate the other. This system of checks and balances soon became the model for the national constitution. In the national or federal system the President, Congress, and the Judiciary all work in tandem to ensure that no one branch has too much power. Reading & Comparison Activity p.3

14 Everybody s Got Rights ** TEACHER GUIDE ** The U.S. Constitution itself doesn t include many protections for individual rights. These kinds of rights are listed in the first ten amendments to the Constitution, called the Bill of Rights, and in many of the other 27 amendments. State constitutions contain many of these same rights and guarantees, which are normally written into the state s constitution itself. Why the overlap? Before 1925, the Bill of Rights was understood to restrict only the federal government s actions not state governments actions. Each state s constitution guaranteed its citizens certain individual rights, which were often the same as those in the Bill of Rights. Since 1925, the Supreme Court has ruled that most of the Bill of Rights applies at the state level, too. States can t offer citizens fewer rights, but they can offer more, and sometimes they do. Activity: To see how a state constitution might offer similar yet different rights than the U.S. Constitution, compare the U.S. Constitution with parts of the Massachusetts Constitution. Underline the main difference in the Massachusetts Constitution (don t get too nitpicky), then check the statement that best describes the difference. Amendment XIV: No state shall... deny to any person within its jurisdiction the equal protection of the laws. Amendment XV, XIX, and XXVI: The right of citizens of the United States to vote shall not be denied... on account of race,...[or] on account of sex...[or to citizens] who are eighteen years of age or older... Amendment I: Congress shall make no law... abridging the freedom of speech, or of the press... Article CVI. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. *this language was added to the Massachusetts Constitution in 1976 as part of the national Equal Rights Amendment (ERA) movement Article XX. No person shall [have the right to vote, or] be eligible to office under the constitution of this commonwealth, who shall not be able to read the constitution in the English language, and write his name. Article XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. The right of free speech shall not be abridged. The right being discussed is equality before the law. Massachusetts constitution gives ü q more protection. q the same protection. Does the U.S. Constitution mention reading and writing as requirements for voting? q Yes q No ü The right being discussed is freedom of speech and of the press. Both constitutions forbid passing laws that limit these rights. The Massachusetts Constitution says the liberty of the press is essential to freedom. Keep going on the next page... Reading & Comparison Activity p.4

15 Continued from last page... ** TEACHER GUIDE ** Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. X Amendment V: No person shall be... subject for the same offence to be twice put in jeopardy of life or limb; nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law... Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it. Article III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce Article XII. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his council at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. Article XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. The right being discussed is the right to keep and bear arms. Massachusetts constitution also says the military should be controlled by legislature/civil authority. Does the U.S. Constitution mention shillings and pence? q Yes q No What country s money was Massachusetts using in 1790? Great Britain In both constitutions a person cannot be deprived of life, liberty, and property. What additional protections does the Massachusetts constitution list? 1. immunities 2. privileges 3. protection of the law 4. exiled ü Both constitutions guarantee freedom from unreasonable searches and seizures. If these documents were written today, what else might be mentioned along with a person s papers? _phone/computer/online info_. Keep going on the next page... Reading & Comparison Activity p.5

16 Continued from last page... ** TEACHER GUIDE ** X Chapter V, Section II. Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns What does the Massachusetts Constitution declare necessary for the preservation of rights and liberties? wisdom, knowledge, and virtue among the people Does the U.S. constitution mention universities, public, and grammar schools? ü q Yes q No Massachusetts passed a law in 1647, commonly called the Deluder Satan Act, which required that towns of a certain size hire a schoolmaster to teach local children so that they could read the Bible. Source: Library of Congress X Chapter V, Section I. Whereas our wise and pious ancestors, so early as the year [1636], laid the foundation of Harvard College, in which university many persons of great prominence have, by the blessing of God, been initiated in those arts and sciences which qualified them for the public employments, both in church and State Does the U.S. constitution mention any colleges? ü q Yes q No How many years had Harvard been around when the constitution was written in 1790? 154 Keep going on the next page... Reading & Comparison Activity p.6

17 Continued from last page... ** TEACHER GUIDE ** Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... Article II. It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. The right being discussed is the freedom of relgion. The Massachusetts constitution says that people can worship any way they wish as long as they do not disturb or obstruct. Enumerated or Implied? The United States Constitution and the Massachusetts Constitutions provide lists of specific things that the government cannot do. These are found in the Bill or Rights (U.S.) or the Declaration of Rights (MA). The government, for example cannot tell the press what to print or tell people where to worship. Both constitutions are focused on limiting the reach of government into people s lives, either by defining what it can t do, or spelling out what exactly it can do. The powers specifically spelled out are called enumerated powers. These powers include a range of things, such as setting taxes, establishing courts and raising armies. Any additional power that the government needs to carry out one of its enumerated powers is called an implied power. For example, neither constitution spells out that the military or National Guard has the power to establish bases, but that idea is implied in the enumerated power that calls for a military force. It is also safe to assume that the soldiers will need weapons and food, so the government can provide those without a specific constitutional declaration. This is made possible by the Necessary and Proper Clause. It is also called the Elastic Clause because it can stretch the government s power like a rubber band. The United States Constitution: Article I - The Legislative Branch, Section VIII. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Massachusetts Constitution: Chapter I, Section I - The General Court, Article IV. Full power and authority are hereby given and granted to the said general court from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution Reading & Comparison Activity p.7

18 ** TEACHER GUIDE ** Activity: Below are a selection of Enumerated Powers from the Massachusetts and U.S. Constitution after reading the power, determine what powers it implies. Massachusetts Constitution Article XLIII. Enumerated: The general court shall have power to authorize the commonwealth to take land and to hold, improve, subdivide, build upon and sell the same, for the purpose of relieving congestion of population and providing homes for citizens. Implied: What powers are implied by this? Hiring and paying the surveyors, builders, etc to do the work, evaluating needs, compensating for lost property The United States Constitution: Article I - The Legislative Branch, Section VIII. Enumerated: To provide and maintain a Navy Implied: all things to do with sailors, bases, ships and allowing them to operate around the world to carry out various military duties Massachusetts Constitution Article XLVI. Enumerated: All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the commonwealth for the support of common schools Implied: collecting the taxes, creating a budget, operating a state system of education, evaluating schools The United States Constitution: Article I - The Legislative Branch, Section VIII. Enumerated: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures Implied: operating a national bank, printing money, handling currency exchanges, enforcing rules on states, stopping counterfeiters Reading & Comparison Activity p.8

19 We Need a Little Change Around Here Nothing stays the same not even constitutions. Changing a constitution is a big deal. That s because a constitution is the foundation for all the other laws in the country or in a state. Because constitutions are so important, it s not easy to change them. They don t pull a constitutional amendment out of a hat! Usually there is a complicated procedure that requires many people to agree on the proposed amendment. There are two main steps to amending (changing) most constitutions: proposing (suggesting) an amendment and ratifying (approving) the amendment. Compare the methods for amending the U.S. Constitution with the methods for amending Massachusetts constitution. Step 1: Proposing an Amendment U.S. Constitution Method 1: Two-thirds of the members of both the Senate and the House of Representatives vote to propose an amendment Method 2: the legislatures in 2/3 of the states vote to propose an amendment Massachusetts Constitution Method 1: Initiative Amendments - citizens must garner 25,000 voter signatures to be brought before the Massachusetts Legislature. Then, lawmakers must meet no later than the second Wednesday in June of that year for a Constitutional Convention, where at least 50 out 200 legislators must approve the amendment. Method 2: Legislative Amendments: The Legislature proposes an amendment which must then be voted on by a Constitutional Convention of 200 lawmakers, it has to win a majority of the votes for two years in a row before it can move on to ratification. Step 2: Ratifying an Amendment Method 1: the legislatures in three-fourths (3/4) of the states vote to approve the amendment Method 2: Three-fourths of the states hold conventions that vote to approve the amendment Method 1: The proposed amendment is put on a ballot for voters to decide on in the next general election. If the amendment wins a majority of votes it becomes law, but even then it s up to legislature to decide how to implement the law, a process that can significantly delay or alter the amendment. Activity: There is one major way that ratifying Massachusetts constitution is different from ratifying the U.S. Constitution. What is that major difference? Why do you think we don t do that for ratifying the U.S. Constitution? In Massachusetts, amendments are put on the ballot for the voter to decide. The federal government does not do this because the framers were wary of majority rule because it could disadvantage small states. Also, it would be difficult to carry out nationwide. Reading & Comparison Activity p.9