Creating a New Government

US History 8 Unit 2, Part 2 Creating a New Government Lessons, readings, and activities from Michigan Citizenship Collaborative Curriculum Adapted by St. Johns Middle School Name 0

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Student Handout 1: Comparing Preambles The Document What does the document emphasize? Preamble to the U.S. Constitution, as adopted in 1787 What are the major differences between the two versions? In what ways are these differences important? 3B

Analyzing the Preamble 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. Language of the Preamble Reflections from Class Discussion 1. Historical Context: We the People 2. How does this compare to what you think of today? 1. Historical Context to form a more perfect Union 2. Role of Perspective: a. Would the problems experienced under the Articles have convinced you to change our system of government? Why or why not? b. Why does perspective matter? 4B

1. Historical Context: establish Justice 2. Why might people agree about justice in the abstract, but disagree when applied to a particular situation? 1. Domestic tranquility defined: insure domestic Tranquility 2. Historical examples of problems that disrupted domestic tranquility: 3. Contemporary examples of a lack of domestic tranquility: 5B

1. Historical Context provide for the common defense 2. Reflection: a. Why is military service so important to the nation? b. If it is so important, why is it voluntary and not mandatory? c. Should some service to the country be required? Why or why not? promote the general Welfare 1. Historical Context: 2. Examples of General Welfare: 6B

secure the Blessings of Liberty to ourselves and our Posterity 1. For whom were the Framers trying to secure the blessings of liberty? 2. Why do you think the Framers included their posterity in the Preamble? Current Issues and the Preamble Directions: For each public issue listed below, describe the purposes of government as stated in the Preamble that are in conflict. 1. Should we increase regulations on gun ownership? 2. Should we ban immigrants from certain countries? 3. Should we allow Nazis or White Supremacists to march in our community? 4. Should all citizens have a right to health care? 5. Should a business be able to deny service to a customer if the request conflicts with the owner s religious beliefs? 7B

Preamble Cluster Directions: Describe the six main purposes or goals of the Constitution. 8B

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Digging into the Constitution Part I: The Structure of the Constitution Directions: You have already learned about the first part of the Constitution the Preamble. Below is a graphic illustration of the next three parts of the Constitution. Use a copy of the U.S. Constitution to help you answer the questions below. 1. Explain how the Constitution is organized. a. Article I is the branch. b. Article II is the branch. c. Article III is the branch. d. How many Articles are there in the Constitution? e. What comes after the Articles? 2. Reflecting on the structure of the Constitution: a. Why do you think the Framers chose this branch for Article I? 10B

b. Which branch of government is the most powerful? Why do think so? Part II: Small Team Investigation Directions: You have been assigned the branch of government to investigate. Use the questions below to guide your team s exploration of your assigned branch of government. 1. What are the three most important powers your branch has? 2. How does your branch limit the power of other branches? 11B

3. What position/office has the most power in your branch? 4. What are the requirements to become a member of your branch? 5. Is there a limit on how long someone can serve in your branch? Part III: Understanding the Constitution Question Legislative Executive Judicial What are the most important powers that this branch has? How does this branch limit the power of other branches? 12B

Legislative Executive Judicial What position(s) or office(s) has the most power in this branch? What are the requirements to become a member of this branch? Why might this be? Is there a limit on how long someone can serve in this branch? Why might this be? 13B

Student Handout 2A: Legislative Branch Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Directions: Use the chart below to summarize important parts of Article I. Article I Constitutional Text Summary Section 1 Section 2 Clause 1 Clause 2 Clause 5 Section 3 Clause 1 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. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States,.... No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. (Hint there is a double negative in the sentence above). The House of Representatives shall chuse (choose) their Speaker and other Officers; and shall have the sole Power of Impeachment. The Senate of the United States shall be composed of two Senators from each State,... for six Years; and each Senator shall have one Vote. A. A. B. B. C. The 17 th Amendment provided for the direct election of senators by the people of each state. 14B

Clause 3 Clause 4 No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. C. D. Clause 6 Section 7 Clause 1 Clause 2 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. 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, with his Objections If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. D. E. E. 15B

Section 8 Chunk 1 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; A. Section 8 Chunk 2 To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization... ; To coin Money, regulate the Value thereof,..., and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; B. Section 8 Chunk 3 To establish Post Offices.... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; C. Section 8 Chunk 4 To declare War,..., and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; D. 16B

Section 8 Chunk 5 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. E. Student Handout 2B: Executive Branch Article II of the Constitution establishes the Executive branch of the federal government. It defines the office of President and Vice President, and an Electoral College to elect them. Article II also sets the requirements needed to be President, establishes the President s powers, and provides for a President s removal of office for high crimes and misdemeanors, as well as the removal of any civil officer for similar reasons. Directions: Use the chart below to summarize important parts of Article II. Article II Constitutional Text Summary Section 1 Clause 1 Clause 5 Section 2 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term.... No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. A. A. 17B

Clause 1 The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;..., and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. B. Clause 2 Chunk 1 He shall have power,... with the... consent of the Senate, to make treaties, provided two thirds of the Senators present concur; C. Clause 2 Chunk 2 and he shall nominate,... with the consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: C. Clause 2 Chunk 3 but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. D. 18B

Section 4 The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. E. Student Handout 2C: Judicial Branch Article III of the Constitution identifies the third branch of our separated government, empowering the courts to decide cases and limiting them to the exercise of a certain kind of authority. It establishes the Supreme Court of the United States, and defines the crime of treason, the only crime listed in the Constitution. Directions: Use the chart below to summarize important parts of Article III. Article III Constitutional Text Summary Section 1 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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office A. B. Section 2 Clause 1 The judicial power shall extend to: This section goes with C and D below. 19B

Chunk 1 Chunk 2 Section 2 Clause 3 all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-- to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;-- to controversies to which the United States shall be a party;-- to controversies between two or more states;-- between a state and citizens of another state;-- between citizens of different states;-- between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. C. D. E. 20B

Student Handout 4: Fishbowl Discussion Questions 1. Which branch is most bound to the will of the people? Which branch is least bound to the will of the people? Explain your answers. Why do you think the Framers made it this way? How does the constitution balance the principles of popular sovereignty and rule of law? 2. How does government under the Constitution work to protect We the People from tyranny? 3. What is limited government? How does the system of separation of powers ensure the principle of limited government? Discuss some specific examples. 4. The Preamble sets forth the purposes of the Constitution (more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty for ourselves and our posterity). How do the branches do this? 5. Wherever there is a check, there is not a separation of power. What does this mean? Are both separation of powers and checks and balances needed to ensure our constitutional principles of rule of law, limited government, or equality? Why or why not? 6. How did the Framers try to ensure that We the People would be the ultimate source of all power and authority in the United States? 7. Which branch is the most powerful? Why? Which branch is the least powerful? Why? 8. Which positions/offices are the most powerful in our government? Is the most powerful officeholder part of the most powerful branch? Why or why not might this be the case? 9. Which branch of government do you think people most respect? Why? Which branch of government do you think people least respect? Why? 21B

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1. What do you observe about the images 2. What story do these images tell when viewed collectively? 3. How do we explain the presence of these images and this story in a newspaper? Images Courtesy of the Library of Congress. Reproduction Number: LC-USZ62-45591 (b&w film copy neg). http://www.loc.gov/pictures/item/2004676796/ and http://teachingamericanhistory.org/ratification/federalpillars/ Student Handout 2A: Federalists Those in support of the proposed Constitution called themselves Federalists." The name they adopted suggested they were committed to a loose, decentralized system of government; however, the term federalism is the opposite of the actual plan they proposed and supported. Perhaps, a more appropriate name for these supporters of a stronger central government would have been Nationalists. The "nationalist" label, however, would have been political suicide in the 1780s, as people living in the Revolutionary Era worried that a strong centralized authority would likely lead to an abuse of power. However, The Federalists felt strongly that the problems of the country in the 1780s stemmed from the weaknesses of the central government created by the Articles of Confederation. For Federalists, events like Shays Rebellion proved that the Constitution was required in order to protect the liberty and independence that colonists had fought for and attained during the American Revolution. They saw their most import role as defender of the social gains of the Revolution and desired to protect the new republic from the worrisome mob rule. According to Federalist leader James Madison, who is considered the Father of the Constitution, the Constitution was to be a "republican remedy for the diseases most incident to republican government." 23B

The Federalists not only had an innovative political plan to pursue their agenda; they had talented leaders of the Revolutionary Era. Most of the men experienced in national-level work were Federalists and political celebrities like Benjamin Franklin and George Washington who supported the Constitution. In addition to having the backing of these impressive superstars, the Federalists were organized, well-funded, and following in the successful footsteps of the pro-revolutionary colonists made excellent use of the printed word. Most newspapers published articles and pamphlets in support of the Federalists' political plan and explained why the people should approve the proposed Constitution. Despite their advantages, the Federalists fought an uphill battle as the solution they proposed represented a major change to the political ideas many held during this time. Most significantly, the Federalists believed that the greatest threat to the future of the United States did not lie in the abuse of central power, but instead could be found in what they saw as the threat of mob rule that Shays' Rebellion represented. They also viewed the independence and power that states cherished as economic and trade liabilities for the republic. How could Federalists convince the American people that the republic could not survive without a stronger central government? Adapted from Federalists. Ratifying the Constitution. U.S. History.org. Independence All Association in Philadelphia. 2008-2018. 23 April 2018 < http://www.ushistory.org/us/16a.asp >. Student Handout 2B: Antifederalists Although they did not refer to themselves as such, the diverse group of people who opposed ratification of the Constitution are referred to as Antifederalists. They were less well organized than the Federalists; however, their ranks were composed of an impressive group of prominent state political leaders like James Winthrop in Massachusetts, Melancton Smith of New York, and Patrick Henry and George Mason of Virginia. These political elites were joined by many ordinary Americans, particularly farmers. Unlike the Federalists, whose membership appealed to eastern lawyers, bankers, and merchants, the Antifederalists strength lay in the newer settled western regions of the country. Despite their diversity, Antifederalists shared a core view of American politics: the greatest threat to the future of the United States lay in the government's potential to become corrupt and seize more and more power until its tyrannical rule completely dominated the people. They experienced the Revolution as a successful rejection of the tyranny of British power and viewed such threats a very real part of political life. To Antifederalists, the proposed Constitution threatened to lead the United States down an all-too-familiar road of political corruption. Antifederalists believed that the new sweeping powers that the proposed Constitution granted to each of three proposed branches and central government threatened the republic. Any rise of national power would come at the expense of state power and, in the words of George Mason, annihilate totally the state governments. 24B

Most importantly, Antifederalists pointed to the lack of protection for individual liberties in the Constitution. While most of the state constitutions were modeled after Virginia s and included an explicit protection of individual rights, the proposed Constitution did not. Antifederalists viewed the protection of individual rights as a major Revolutionary improvement over the unwritten protections of the British constitution. Wouldn t the proposed Constitution be taking a step backward in terms of rights gained? While the Antifederalists and Federalists disagreed on the direction the government should take, they did agree that this contest over the Constitution put the fate of the nation at stake. Adapted from Antifederalists. Ratifying the Constitution. U.S.History.org Independence All Association in Philadelphia. 2008-2018. 23 April 2018 < http://www.ushistory.org/us/16b.asp >. Student Handout 3: Comparing Federalists and Antifederalists Issue/Concern Federalists Anti-Federalists Role of Government View of the Constitution Significant Members 25B

Group s Advantages Group s Disadvantages Brutus No. 1 Source #1 that a free republic cannot succeed over a country of such immense extent, containing such a number of inhabitants, and these encreasing in such rapid progression as that of the whole United States.... History furnishes no example of a free republic, anything like the extent of the United States. The Grecian republics were of small extent; so also was that of the Romans. Both of these, it is true, in process of time, extended their conquests over large territories of country; and the consequence was, 26B

that their governments were changed from that of free governments to those of the most tyrannical that ever existed in the world. Student Handout 4: Notes on Primary Source Readings Source Main Claim Evidence/Explanation Federalist or Antifederalist 1 27B

Source Main Claim Evidence/Explanation Federalist or Antifederalist 2. 3 28B

Source Main Claim Evidence/Explanation Federalist or Antifederalist 4 5 29B

6 Student Handout 5: Primary Sources Source #2 Publius Hamilton, No. 9 A FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy. The efficacy of various principles is now well understood, which were either not known at all, or imperfectly known to the ancients. The regular distribution of power into distinct departments; the introduction of legislative balances and checks; the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election: these are wholly new discoveries, or have made their principal progress towards perfection in modern times. They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided. Source #3 Publius Madison, No. 51 In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. 30B

Source #4 (partner) Publius Hamilton, No. 84 IN THE course of the foregoing review of the Constitution, I have taken notice of, and endeavored to answer most of the objections which have appeared against it.... The most considerable of the remaining objections is that the plan of the convention contains no bill of rights.... [T]he constitutions of several of the States are in a similar predicament.... [T]he constitution of New York has no bill of rights prefixed to it, yet it contains, in the body of it, various provisions in favor of particular privileges and rights, which, in substance amount to the same thing; the other is, that the Constitution adopts, in their full extent, the common and statute law of Great Britain, by which many other rights, not expressed in it, are equally secured. Source #5 George Mason, Virginia delegate There is no declaration of rights; and, the laws of the general government being paramount to the laws and constitutions of the several states, the declarations of rights in the separate states are no security. Nor are the people secured even in the enjoyment of the benefit of the common law, which stands here upon no other foundation than its having been adopted by the respective acts forming the constitutions of the several states... Under their own construction of the general clause at the end of the enumerated powers, the Congress may grant monopolies in trade and commerce, constitute new crimes, inflict unusual and severe punishments, and extend their power as far as they shall think proper; so that the state legislatures have no security for the powers now presumed to remain to them, or the people for their rights. There is no declaration of any kind for preserving the liberty of the press, the trial by jury in civil cases, nor against the danger of standing armies in time of peace... Source #6 Federal Farmer There are certain unalienable and fundamental rights, which in forming the social compact, ought to be explicitly ascertained and fixed a free and enlightened people, in forming this compact, will not resign all their rights to those who govern, and they will fix limits to their legislators and rulers, which will soon be plainly seen by those who are governed, as well as by those who govern: and the latter will know they cannot be passed unperceived by the former, and without giving a general alarm... These rights should be made the basis of every constitution: and if a people be so situated, or have such different opinions that they cannot agree in ascertaining and fixing them, it is a very strong argument against their attempting to form one entire society, to live under one system of laws only. I confess, I never thought the people of these states differed essentially in these respects; they having derived all these rights from one common source, the British systems; and having in the formation of their state constitutions, discovered that their ideas relative to these rights are very similar. 31B

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1. What rights does the First Amendment protect? 2. Why do you think both clauses are needed to protect religious freedom? 3. What constitutes speech? 4. Why is some speech protected (e.g. speaking out against political policy, political candidates, and/or political ideas) while other speech is not protected (e.g. threatening a candidate with violence)? 5. What do the three quotes on Slide 11 have in common? Explain. 6. What First Amendment rights in action do you see in the video? 33B

Student Handout 2: Chart of the Bill of Rights Amendment Summary of the Rights Protected Amendment in Action 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 2. 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. 3. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 34B

Amendment Summary of the Rights Protected Amendment in Action 4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 5. No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law ; nor shall private property be taken for public use without just compensation. 35B

Amendment Summary of the Rights Protected Amendment in Action 6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 36B

Amendment Summary of the Rights Protected Amendment in Action 9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Questions A. The Bill of Rights protects against whose actions? B. What role does the judicial branch play with respect to the Bill of Rights? 37B