CHAPTER 5 The Constitution ESSENTIAL QUESTIONS: Why do people, create, structure, and change governments? How do societies balance individual and community rights? How does social change influence government? Table of Contents SS.7.G.1.3 Interpret maps to identify geopolitical divisions and boundaries of places in North America. SS.7.G.2.1 Locate major cultural landmarks that are emblematic of the United States. SS.7.C.1.1 Recognize how Enlightenment ideas including Montesquieu s view of separation of power and John Locke s theories related to natural law and how Locke s theories related to social contract influenced the Founding Fathers. SS.7.C.1.2 Trace the impact that the Magna Carta, English Bill of Rights, Mayflower Compact, and Thomas Paine s Common Sense had on colonists views of government. SS.7.C.1.5 Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution. SS.7.C.1.6 Interpret the intentions of the Preamble of the Constitution. SS.7.C.1.7 Describe how the Constitution limits the powers of government through separation of powers and checks and balances. SS.7.C.1.9 Define the rule of law and recognize its influence on the development of the American legal, political, and governmental systems. SS.7.C.3.3 Illustrate the structure and function of government in the U.S. as established by the Constitution. SS.7.3.4 Identify the relationship and division of powers between the federal government and state governments. SS.7.C.3.5 -- Explain the Constitutional amendment process. Add dates to the lines below upon completion. Date Title of Pages Page Spotlight on Content Vocabulary... 3-10 Lesson 1 The Country s First Governments Lesson Kickoff Activity: Keeping Order on a Deserted Island... 11 Lesson 1 The Country s First Governments Active Note-Taking Activity... 12-13 Lesson 1 The Country s First Governments Processing Activity: Can It Be Resolved?... 14 Lesson 2 Creating a New Constitution Lesson Kickoff Activity: In My Head... 15 Lesson 2 Creating a New Constitution Active Note-Taking Activity... 16-17 Lesson 2 Creating a New Constitution Processing Activity: Taking a Closer Look at the Delegates to the Constitutional Convention... 18 Lesson 3: The Structure of the Constitution Lesson Kickoff Activity: Dueling Preambles... 19 Lesson 3: The Structure of the Constitution Active Note-Taking Activity... 20-21 Lesson 3: The Structure of the Constitution Processing Activity: Constitution Search... 22-23 Lesson 4: Principles of the Constitution Lesson Kickoff Activity: Analyzing the Power Structure of Your School... 24 Lesson 4: Principles of the Constitution Active Note-Taking Activity... 25 Lesson 4: Principles of the Constitution Processing Activity: Who Has the Power?... 26 Lesson 4: Principles of the Constitution Putting It All Together Activity: Constitution Metaphor... 27 1
DIRECTIONS: After reading and reviewing this chapter, use the information you learned to answer the chapter s essential questions in a paragraph below. 2
DIRECTIONS: As the content vocabulary is discussed throughout the chapter, fill in the graphic organizer below. At the end of the lesson, use each word in a meaningful sentence. Underline or highlight the word in each sentence. These sentences should prove mastery of the word. LESSON 1 constitution: a detailed, written plan for government bicameral: a legislature consisting of two parts, or houses confederation: a group of individuals or state governments Articles of Confederation: the first constitution of the United States 3
CHAPTER 5 The Constitution ratify: to vote approval of ordinance: a law, usually of a city or county Ordinance of 1785: a law that set up a plan for surveying western lands Northwest Ordinance: 1787 law that set up a government for the Northwest Territory and a plan for admitting new states to the Union 4
Shays s Rebellion: an uprising of Massachusetts farmers who did not want to lose their farms because of debt caused by heavy state taxes after the American Revolution LESSON 2 Constitutional Convention: meetings of state delegates in 1787 leading to adoption of a new Constitution Great Compromise: agreement providing a dual system of congressional representation Three-Fifths Compromise: agreement providing that enslaved persons would count as three-fifths of other persons in determining representation in Congress 5
Electoral College: a group of people named by each state legislature to select the president and vice president Federalist: a supporter of the Constitution Federalism: a form of government in which power is divided between the federal, or national, government and the states The Federalist Papers: a series of essays written to defend the Constitution 6
Anti-Federalist: a person who opposed ratification of the Constitution LESSON 3 Preamble: the opening section of the Constitution Article: one of several main parts of the Constitution Amendment: any change in the Constitution 7
legislative branch: the lawmaking branch of government executive branch: the branch of government that carries out laws judicial branch: the branch of government that interprets laws LESSON 4 popular sovereignty: the idea that power lies within the people 8
limited government: a government that can do only what the people allow it to do rule of law: the principle that the law applies to everyone, even those who govern separation of powers: the split of authority among the legislative, executive, and judicial branches checks and balances: a system in which each branch of government is able to check, or restrain, the power of others 9
enumerated powers: powers directly granted to the national government by the Constitution reserved powers powers the Constitution does not give to the federal government; powers set aside for the states concurrent powers powers shared by the state and federal governments supremacy clause a clause stating that the Constitution and other laws and treaties made by the national government are the supreme Law of the Land 10
LESSON 1 THE COUNTRY S FIRST GOVERNMENTS ESSENTIAL QUESTION: Why do people create, structure, and change governments? KEEPING ORDER ON A DESERTED ISLAND constitution: a detailed written plan for government Imagine that you are shipwrecked on an island in the middle of nowhere with 100 other people of all ages and backgrounds. Your group needs to somehow keep order and establish a working society on this island. You need to make sure that all the people are taken care of and are participating in collecting food and building shelters. Your goal is to try to minimize fights and keep everyone alive while you are awaiting rescue. You and a small group of leaders emerge in this group and decide to draft a constitution. In this constitution, you need to address how you are going to deal with the following issues: 1. Who will be the leader or group of leaders? How will this leader be selected? a. If you choose to have leaders, how will you ensure that they do not misuse their power? 2. How will decisions about issues be reached? 3. How will you ensure fair treatment of all the people on the island? 4. What happens to the people who don t follow the rules? 5. Are there any rights that you are going to guarantee to all the people on the island? Explain why for each. 6. Can the new constitution be changed? Explain why you think this plan for government will be successful. 11
LESSON 1 I THE COUNTRY S FIRST GOVERNMENTS STATE CONSTITUTION Guiding Question: How did citizens set up governments as they transitioned from colonies to states? 1. After the American Revolution, all the states set up forms of government. Describe some of the characteristics they had in common. pp. 116-117 ARTICLES OF CONFEDERATION Guiding Question: How did the Articles of Confederation create problems for the United States? 2. The Articles of Confederation set up a firm league of friendship. What did this mean? pp. 117-118 3. What was the importance of the Ordinance of 1785 and of the Northwest Ordinance? pp. 118-119 Ordinance of 1785: Northwest Ordinance: 4. What was so significant about these two ordinances, or laws, that were passed? pp. 118-119 5. The Articles of Confederation had many weaknesses. List the weaknesses and the possible problems the new government would face with these restrictions. pp. 119-120 1. 2. 3. Feature Possible Problems 4. 12
5. 6. 7. 6. How did Shays s Rebellion help lead to a change in the nation s government? pp. 120-121 13
LESSON 1 I THE COUNTRY S FIRST GOVERNMENTS PROCESSING ACTIVITY CAN IT BE RESOLVED? Directions: Pages 117-120 in your textbook describe the powers and the weaknesses of the Articles of Confederation. Using the information from the text and your Active Note-Taking Activity, read the scenarios below and determine whether the Articles of Confederation could solve this problem. Be sure to explain why or why not using information discussed in the text and in class. Note: The scenarios below are fictional, but similar to some that may have existed after the American Revolution. 1. Some foreign countries are not respecting American independence. The Treaty of Paris granted the United States all the land east of the Mississippi, but Great Britain is not removing its troops from the Ohio Valley. In addition, Spain is threatening to close the Port of New Orleans to the Americans. Can the Articles of Confederation resolve this problem? Explain. 2. The French are pressing the new American government to pay back the money it lent to the colonies during the American Revolution. Can the Articles of Confederation resolve this problem? Explain. 3. Some states have abolished slavery in their state constitutions. Delegates to the Confederation Congress propose an amendment to abolish slavery throughout the country. Can the Articles of Confederation resolve this problem? Explain. 4. A group of farmers from Massachusetts are angry about the war debts and the high state taxes they are being forced to pay. They are unable to pay back their debts, and the state of Massachusetts is taking away their farms as collateral. They are marching in protest with weapons and firearms. Massachusetts is asking the Confederation Congress for assistance. Can the Articles of Confederation resolve this issue? Explain. 5. New York and New Hampshire are both claiming the territory of Vermont as an opportunity to expand their land for settlers. Tension is building and both governments are worried that there will soon be bloodshed. They ask the Confederation Congress to help in settling the dispute. Can the Articles of Confederation resolve this issue? Explain. 14
LESSON 2 CREATING A NEW CONSTITUTION ESSENTIAL QUESTION: Why do people create, structure, and change governments? IN MY HEAD Directions: You are going to write a stream of consciousness. This is an interior monologue of thoughts going on in your mind. Most of the time, these thoughts are not shared with others. Imagine that you were living in Springfield, Massachusetts, during the time that Shays s Rebellion was taking place. The Confederation Congress does not have a national army in place and is having difficulty maintaining law and order. Write a stream of consciousness in the outline of a head below from the perspective of a bystander at this event. Remember, most of the time your stream of consciousness is not shared with others. So, after writing this down, think about what you would have actually said aloud for others to hear and write that in the call-out bubble. Example: Where is my family? This could be dangerous. These farmers have guns, and they are not backing down. Who is that Daniel guy? Seriously, just pay your tax like the rest of us Guns Really! Aren t you tired of fighting?... Example: Get all the women and children inside. This could get dangerous! 15
LESSON 2 CREATING A NEW CONSTITUTION The Constitutional Convention Guiding Question: Why did leaders decide to create a new plan of government? 1. Describe the delegates who attended the Constitutional Convention. pp. 122-123 DATE: LOCATION: 2. What were some of the key decisions made at the beginning of the convention? pp. 123-124 Compromising for a Constitution Guiding Question: Why were compromises made at the Constitutional Convention? 3. What was the Virginia Plan? p. 125 4. What was the New Jersey Plan? p. 125 Write a slogan that would support large states: Write a slogan that would support small states: 5. What was the Great Compromise? p. 125 6. What was the Three-Fifths Compromise? p. 125-126 16
Federalists and Anti-Federalists Guiding Question: How did Federalist and Anti-Federalist viewpoints differ? 7. Who were the Federalists? pp. 127-128 8. Who were the Anti-Federalists? p. 129 Write a slogan that would support the Federalist point of view: Write a slogan that would support the Anti-Federalist point of view: 9. What were the Federalist Papers? Who were the authors? p. 128 17
LESSON 2 CREATING A NEW CONSTITUTION PROCESSING ACTIVITY TAKING A CLOSER LOOK AT THE DELEGATES TO THE CONSTITUTIONAL CONVENTION Directions: You are going to conduct research on delegates who attended the Constitutional Convention, using the National Archives (http://www.archives.gov/exhibits/charters/constitution_founding_fathers.html). Pick a delegate who supported small states and the New Jersey Plan and a delegate who supported large states and the Virginia Plan. Then fill in the resume for each delegate in the space below. NAME: SMALL STATE DELEGATE NAME: LARGE STATE DELEGATE Age at the Convention: Birthplace: Marital Status: Children: Education: Occupation: Age at the Convention: Birthplace:_ Marital Status: Children: _ Education:_ Occupation: Political Experience: _ Military Experience: Significant Achievements: What were his views on government and representation in the legislature? Did he sign the Constitution? Political Experience: Military Experience: Significant Achievements: What were his views on government and representation in the legislature? Did he sign the Constitution? 18
LESSON 3 THE STRUCTURE OF THE CONSTITUTION ESSENTIAL QUESTION: Why do people create, structure, and change governments? DUELING PREAMBLES Directions: The prefix pre means before; therefore, the word preamble can be described as an introduction or a preface. Take a moment to read the Teachers Preamble, then answer the questions below. TEACHERS PREAMBLE We, the teachers, in order to form more perfect classrooms, establish fair environments, insure student safety, promote general happiness, and secure the blessings of freedom to our students and our future students, establish this Teachers Constitution as the Supreme Law in all our schools. 1. What do you think this Preamble is a preface to? 2. What are the 6 goals that all teachers have? 3. How do you think the Teachers Preamble is similar to the Preamble to the U.S. Constitution? 4. Now you are going to have an opportunity to write your own Preamble for students. You must start your Preamble with the words We, the students, and you must include at least 6 goals for students. Be clever and thoughtful in your writing. Hint: You may want to write it as a response to the Teachers Preamble. 19
LESSON 3 THE STRUCTURE OF THE CONSTITUTION The Parts of the Constitution Guiding Question: How does the U.S. Constitution organize government? 1. What is the main purpose of the U.S. Constitution? p. 130 A. Goal of the Preamble: Goal in your own words: 2. PREAMBLE The Preamble is the opening paragraph of the Constitution. There are six goals in the Preamble. Write down the 6 goals and then rewrite them in your own words. p. 131 B. C. D. E. F. 3. ARTICLES OF THE CONSTITUTION There are seven articles in the Constitution. List the article and what it describes. pp. 131-132 A. B. Article Number Description of: Mnemonic Device: Example: Lazy - Legislative 20
C. D. E. F. G. 4. How many amendments are there to the U.S. Constitution? What are the first 10 called? pp. 132-133 5. Why did the Framers think it was necessary to include an amending process in the Constitution? p. 133 Step 1 Step 2 6. Article V of the Constitution describes the Amendment Process. List and describe the two main steps in this process. pp. 133-134 7. What is the main responsibility of each branch of government? Legislative Branch Executive Branch Judicial Branch pp. 134-135 21
LESSON 3 THE STRUCTURE OF THE CONSTITUTION PROCESSING ACTIVITY CONSTITUTION SEARCH Directions: After studying the structure of the Constitution, you are going to embark on a Constitution Search, using pages 145-168 in your textbook. Find the answers to the questions below, and be sure to include the number of the Article in which you found the answer. Question 1. What is the term of office for a member of the Senate? Answer Article 2. What is the term of office for a member of the House of Representatives? 3. What is the term of office for the president? 4. What is the term of office for a Supreme Court justice? 5. Who has the power to declare war? 6. Who has the power to negotiate treaties? 7. Who has the power to appoint Supreme Court justices? 8. How old does a senator have to be? 9. How old does a member of the House of Representatives have to be? 22
10. Who has all legislative (lawmaking) powers? 11. Who has the power to propose Constitutional Amendments? 12. Who has the power to settle disputes among the states? 13. How old do you have to be to run for President? 14. Who has the power to impeach (remove from office) the President? 15. Who has the power to conduct the impeachment trial? 16. Who has the power to nominate ambassadors? 17. Who has the power to review and interpret all laws arising under the Constitution? 18. Where do all tax bills originate? 19. Who is the Commander-in-Chief of the Armed Forces? DEBRIEF: 1. Do you think power is fairly divided among the three branches of government? Use information from the Constitution Search to explain your answer. 23
LESSON 4 PRINCIPLES OF THE CONSTITUTION ESSENTIAL QUESTIONS: How do societies balance individual and community rights? How does social change influence government? ANALYZING THE POWER STRUCTURE OF YOUR SCHOOL Directions: You are going to analyze the power structure that exists in your school. List all the decisions your administrators make for your school. List all the decisions the teachers make for your school/classrooms. List all the decisions the administrators and teachers at your school make together. DEBRIEF AND DISCUSS: 1. Who has the most power at your school? 2. When do the teachers and administrators work together to make decisions? 3. Do you think this system of sharing power works well? Explain your answer. 4. How do you think the power structure of your school compares to the power structure between our national and state governments? 24
LESSON 4 PRINCIPLES OF THE CONSTITUTION Directions: Using pages 136-141 in your textbook, create an illustrated web with information describing each of the principles of the Constitution. Each principle should have a short description and an illustration in the circle that supports the description. Be thoughtful in your drawings. Principle: What is it? Principle: What is it? Five Principles of the Constitution Principle: What is it? Principle: What is it? Principle: What is it? 25
LESSON 4 PRINCIPLES OF THE CONSTITUTION PROCESSING ACTIVITY WHO HAS THE POWER? Directions: Read the powers in the chart below. If the power is enumerated, color the box RED. If the power is reserved, color the box BLUE. If the power is concurrent, color the box YELLOW. You can refer to the graphic organizer on page 140 of the text for help. REVIEW AND CLARIFY: Define the different powers as they are distributed under federalism. 1. What is an enumerated power? 2. What is a reserved power? 3. What is a concurrent power? Establish courts Protect public safety Make marriage laws Set a standard of weights and measurements Establish local governments Regulate trade with foreign countries Coin money Carry out all enumerated powers Declare war Conduct elections Establish and maintain schools Maintain an army and navy Admit new states to the Union Provide for the general welfare Borrow money Regulate interstate trade Protect public welfare Assume all powers not delegated to the national government and not prohibited to the states Collect taxes Enforce the laws Establish post offices Regulate business and trade within the state EXTENSION ACTIVITY: After studying how power is shared by our national government and the states, you are to use magazines, newspapers, and/or the internet to research one of the topics above. Search news articles published in the past year. Attach the article to this page and answer the following questions on the back of this page or on a loose-leaf piece of paper. Example: Congress debating over whether to keep post offices open. 1. What is the title and date of the article? 2. Who is the author of the article? 3. Where was this article published? 4. Does this article discuss enumerated, reserved, or concurrent powers? 5. Write a one-paragraph summary of the topic discussed in the article. 6. What is your opinion concerning the topic in the article? Be sure to properly defend your opinion. 26
LESSON 4 PRINCIPLES OF THE CONSTITUTION CONSTITUTION METAPHOR Directions: Now that you have studied the structure of the Constitution, it is time to put all that information into a visual metaphor. In the space below, you are going to draw your metaphor and label all the parts explaining how it represents the different parts of the U.S. Constitution. Be sure to color your final product! The following terms must be included in your metaphor: U.S. Constitution, Legislative branch, Executive branch, Judicial branch, Supremacy clause, Consent of the governed, the People, Checks and balances, Separation of Powers, Laws. Example: The U.S. Constitution is like a 3-ring binder. Each ring represents one of the branches of government. They are all the same size, and separate, because the three branches are separate, but equal. They each have the responsibility of holding together the paper at a different location, and if one is broken or not doing its job, it can destroy the integrity of the entire binder. This represents checks and balances, which work together to keep the government in balance and make sure that one branch does not abuse its power. The outside cover of the binder represents the Constitution, because the Constitution is the supreme law of the land, according to Article VI. It describes the powers of the three branches and explains the setup of the government. The paper inside the binder represents the bills that are trying to become laws. The three branches each hold power in the law process. The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. The student holding the binder represents the people, because the people give the government power (consent of the governed), and we elect our representatives and government leaders. 27