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Theme 8: SLAVERY DVD 3. Organized around one of the most divisive issues of the Convention, these reports review delegates’ attitudes about slavery, the slave trade, and how they manifest themselves in the Constitution. Reports July 11: July 12: August 8: August 22: August 24: Slavery and Representation The 3/5 Compromise Gouverneur Morris on Slavery and Morality Arguments about Slavery and the Slave Trade The Slave Trade and the Proposed Constitution Learning Objectives After viewing and discussing these reports, students will be able to: • Analyze delegates’ differing ideas and attitudes about slavery. • Discuss how slavery influenced the writing of the United States Constitution. • Describe and explain the Three-Fifths Compromise. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 3: The institutions and practices of government created during the Revolution, and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 2: What are the foundations of the American political system? D. What values and principles are basic to American constitutional democracy? — Conflicts among values and principles in American political and social life — Disparities between ideals and reality in American political and social life Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 2: Origins of American Government Section 4: Creating the Constitution 29 UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 2: Drafting the Constitution Key People and Terms • • • • Three-Fifths Compromise Slave Trade representation in government Gouverneur Morris Pre-Teaching Ideas • Review the institution of slavery in 1787, including the views of those who supported the institution and those who opposed it. • Identify and discuss those parts of the Constitution that refer to slavery (Article I, Section 2; Article I, Section 9; Article IV, Section 2; and Article V). Post-Program Discussion Questions 1. Why did the Framers avoid the word “slavery” in drafting the Constitution? 3. Several of the delegates to the Constitutional Convention opposed slavery yet owned slaves. How might you account for this inconsistency? 3. Why was the slave trade so important to the delegates from slave states? Extension Activity • Have students research the abolitionist movement in the United States and throughout the world at the time of the Constitutional Convention in 1787, and write a short essay that answers the following questions: • Was abolitionism widespread in the United States during the Founding? • How did abolitionism in the United States compare to abolitionism in the rest of the world? “Why should the blacks, who are property in the South, be counted any more than the horses and cattle of the North?” —Elbridge Gerry “Slavery is a nefarious institution. It is the curse of heaven on the States where it prevails.” —Gouverneur Morris “I disapprove of the slave trade. Yet, as it is expedient to have as few objections as possible to the proposed scheme of Government, I think it best to leave the matter as we find it.” —Roger Sherman 30 Theme 9: DEMOCRACY, REPRESENTATIVE GOVERNMENT, AND THE PEOPLE DVD 4. These reports illuminate delegates’ ideas about democracy and the extent to which “the people” could be trusted, who should serve in government and motivations for service, and how the Constitution should be ratified. Reports May 31: Disagreements about Democracy: Can the People be Trusted? June 6: June 7: July 18: July 25: Electing Representatives: Can the People be Trusted? Electing Senators: Let State Legislatures Decide A Republican Government in the Context of 1787 Selecting a President August 7: August 9: August 10: August 14: August 23: August 31: Electing Members of the House: Who Should Vote? Should Foreigners Serve in Congress? Wealth and Service Power, Ambition, and Corruption George Mason on Civic Virtue and Self-Interest Ratification of the Proposed Constitution Learning Objectives After viewing and discussing these reports, students will be able to: • Analyze and explain delegates’ arguments about democracy and republican government. • Explain why many of the delegates were concerned with giving “the people” too much power in their government. • Describe and compare delegates’ attitudes about service and motivation to serve in government. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? D. What are alternative ways of organizing constitutional governments? — Nature of representation 31 Standard 2: What are the foundations of the American political system? D. What values and principles are basic to American constitutional democracy? — Republicanism and American democracy — Conflicts among values and principles in American political and social life — Disparities between ideals and reality in American political and social life Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 1: Principles of Government Section 3: Basic Concepts of Democracy Chapter 2: Origins of American Government Section 4: Creating the Constitution UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 2: Drafting the Constitution Section 3: Ratifying the Constitution Key People and Terms • • • • • civic virtue Elbridge Gerry James Madison representation in government self-interest • • • • democracy George Mason ratifying convention republicanism Pre-Teaching Ideas • Define democracy. Ask students to examine the extent to which the United States Constitution is democratic. Which provisions are consistent with principles of democracy, and which are not? • Review those areas of the Constitution of 1787 where the Framers decided to remove the people “The people should have as little to do as from direct selection/election (i.e., election of may be about the government. They lack Senators, election of the President, ratification). information and are constantly liable to be misled.” —Roger Sherman 32 Post-Program Discussion Questions 1. 2. 3. 4. Why were the delegates so concerned about an “excess of democracy”? Are the Framers’ ideas about power, ambition, and service still relevant today? How does the Constitution provide checks against the will of the majority? Should representatives in government use their positions to mirror the attitudes and opinions of their constituents, or should they balance the attitudes and opinions of their constituents with their own principles and values? Extension Activity The Constitution left regulating voting to the states. Break the students into groups. Have each group research the voting regulations of one of the original 13 states in 1787. Who was allowed to vote, and how was voting restricted? How did voting regulations among the states compare in 1787? 33 Theme 10: LARGE STATES AND SMALL DVD 4. Focusing on one of the deepest divisions among delegates to the Constitutional Convention, these reports characterize the debates between delegates from large states and small states—especially disputes about power and representation. Reports May 29: June 11 : June 15 & 16: June 20 : June 27 : June 29 & 30: The Virginians and their Plan Slavery and Representation in Congress A Small State Perspective: The New Jersey Plan Opposition to the Virginia Plan Luther Martin and the Small States Perspectives on Power: Large States and Small States July 2: July 5: July 10: July 16: A Vote on Representation: Large States and Small States Compromise or Fail: Large States and Small States Small States and the Possibility of Compromise The Great Compromise Learning Objectives After viewing and discussing these reports, students will be able to: • Describe and evaluate the arguments and perspectives of delegates from large states and small states on the issues of power and representation. • Describe, compare, and contrast the Virginia and New Jersey Plans. • Explain how the Great Compromise resolved disputes between large states and small states. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 2: The impact of the American Revolution on politics, economy, and society. • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? D. What are alternative ways of organizing constitutional governments? — Confederal, federal, and unitary systems — Nature of representation 34 Standard 2: What are the foundations of the American political system? A. What is the American idea of constitutional government? — The American idea of constitutional government B. What are the distinctive characteristics of American society? — Distinctive characteristics of American society Standard 3: How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution? — Distributing governmental power and preventing its abuse B. How is the national government organized and what does it do? — The institutions of the national government Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 2: Origins of American Government Section 3: The Critical Period Section 4: Creating the Constitution Chapter 10: Congress Section 1: The National Legislature Section 2: The House of Representatives Section 3: The Senate UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, “We are driven to an unhappy dilemma. 2005 Two-thirds of the inhabitants of the Union Chapter 5: Shaping a New Nation (1781-1788) Section 1: Experimenting with Confederation Section 2: Drafting the Constitution 35 are to please the remaining one-third by sacrificing their essential rights. When we satisfy the majority of the people in securing their rights, we have nothing to fear; in any other way, every thing. The smaller states, I hope, will at least see their true and real interest.” —James Madison Key People and Terms • • • • • • Edmund Randolph James Wilson majority rule representation in government The Great Compromise William Patterson • • • • • James Madison Luther Martin New Jersey Plan states’ rights Virginia Plan Pre-Teaching Ideas • Review the most important issues that divided delegates to the Constitutional Convention (e.g., power and representation) and the perspectives of delegates from small states and large states on these issues. • Have students compare the main ideas of the Virginia and New Jersey Plans. • Compare leading delegates representing the large states (James Madison and James Wilson) with those representing small states (Gunning Bedford and William Patterson). Post-Program Discussion Questions 1. Are the debates between large states and small states regarding power and representation still relevant today? If so, how? If not, why not? 2. Is equal representation among the states still important today? If so, how? If not, why not? 3. How did the Great Compromise favor small states? Extension Activity Have students use the Internet to research James Madison’s critique of the Articles of Confederation, and then ask them to analyze to what extent the Constitution addresses Madison’s concerns. 36 Theme 11: MAKING A CONSTITUTION DVD 4. These reports explore the processes and principles delegates used in writing the United States Constitution and some of the criticisms that remained when the Convention adjourned. Reports May 28: September 10: September 13: September 14: September 15: Secrecy Amending the Constitution Debating a Bill of Rights Constitutions and Constitution Making The Constitution Is Approved; Three Refuse to Sign Learning Objectives After viewing and discussing these reports, students will be able to: • • • • Describe the purposes and uses of constitutions. Characterize the debates about the inclusion of a Bill of Rights. Explain the importance of the rule of secrecy during the Constitutional Convention. Explain how delegates used compromise to resolve disputes about how to amend the Constitution. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? C. What are the nature and purposes of constitutions? — Concepts of constitution — Purposes and uses of constitutions — Conditions under which constitutional governments flourish Standard 2: What are the foundations of the American political system? A. What is the American idea of constitutional government? — The American idea of constitutional government Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. 37 Chapter 2: Origins of American Government Section 4: Creating the Constitution UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 2: Drafting the Constitution Section 3: Ratifying the Constitution Key People and Terms • amendment • Edmund Randolph • Bill of Rights • Elbridge Gerry • constitution • George Mason Pre-Teaching Ideas • Review how compromise, the committee system, and meeting in secrecy aided the delegates in their efforts to write a Constitution. • Discuss Americans’ experiences in writing constitutions prior to 1787 (e.g., state constitutions, Articles of Confederation). Post-Program Discussion Questions 1. If you were a delegate to the Constitutional Convention of 1787, would you have demanded a Bill of Rights? If so, why? If not, why not? 2. How would the convention have changed if the rule of secrecy had not been implemented? 3. In over 200 years, the Constitution has only been amended 27 times. Did the Framers make it too difficult to amend? Take and defend a position. 4. On what grounds did Edmund Randolph, George “The State Legislatures will not apply for Mason, and Elbridge Gerry refuse to sign the alterations, but with a view to increase their Constitution? Extension Activity Divide the class into groups to research state constitutions in 1787 and compare them to the U.S. Constitution. In what ways is the U.S. Constitution similar to and different from state constitutions? To obtain copies of state constitutions, go to http://www.law.cornell.edu and click on “Constitutions & Codes,” and then on “State Constitutions & Codes.” 38 own powers. The National Legislature will be the first to perceive and will be most sensible to the necessity of amendments.” —Alexander Hamilton “Such bills generally begin with declaring that all men are by nature born free. Now, we should make that declaration with very bad grace, when a large part of our property consists in men who are actually born slaves.” —Charles Cotesworth Pinckney, on why he didn’t want a Bill of Rights Theme 12: AMERICAN INDIANS AND THE WEST DVD 4. These reports consider the land, territories, and peoples west of the organized states in 1787 and how they influenced the Constitution of 1787. Reports July 13 & 14: August 1: August 29: September 4: Population, Power, and the West The West: Land-Owning and Speculation among the Delegates Issues in the Territories and Adding New States American Indians and the Proposed Constitution Learning Objectives After viewing and discussing these reports, students will be able to: • Describe delegates’ ideas about western lands, and explain how issues associated with western lands were resolved at the Constitutional Convention. • Explain how the Constitution recognizes Indian Tribes. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 2: The impact of the American Revolution on politics, economy, and society. • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 2: What are the foundations of the American political system? D. What values and principles are basic to American constitutional democracy? — Conflicts among values and principles in American political and social life — Disparities between ideals and reality in American political and social life Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 2: Origins of American Government Section 3: The Critical Period Section 4: Creating the Constitution 39 Chapter 10: Congress Section 1: The National Legislature UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 2: Drafting the Constitution Key People and Terms • George Mason • land speculation • territory • Gouverneur Morris • representation based on population Pre-Teaching Ideas • Review those parts of the Constitution that mention Indian tribes specifically (Article I, Section 2 and Article I, Section 8). Ask students if they can identify other parts of the Constitution that relate to Indian tribes implicitly (e.g., Article II, Section 2 or Article III, Section 2). • Review and discuss how the Constitution provides for the admittance of new states (i.e., Article IV, Section 3). Post-Program Discussion Questions 1. Prior to ratification of the Constitution, what were some of the problems with Indian tribes that needed to be addressed by the new Constitution? 2. In what ways does the Constitution recognize Indian tribes? 3. What were some of the issues associated with adding new states that concerned the delegates, and how were they resolved? Extension Activity Using the search engine at the Web site below, have students select and analyze one of the broadsides about “Indians” that were published during the time of the Constitutional Convention. How does this broadside help you to understand delegates’ attitudes toward Native Americans? Go to http://memory.loc.gov/ammem/collections/continental and type “Indians” into the search engine. 40 “The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent...” —Congressional Committee “An avaricious disposition to acquire large tracts of land and often by unfair means appears to be the principal source of difficulties with the Indians.” —Congressional Committee Theme 13: NATIONAL POWERS: WAR, TAXES, AND THE NATIONAL DEFENSE DVD 4. These reports explore debates among the delegates about increased national power—to tax, begin or end war, and to provide for the national defense—and which branch or branches of government should possess increased national powers. Reports August 13: August 17: August 21: The Power to Tax War: Who Can Start or Stop it? Providing for the National Defense Learning Objectives After viewing and discussing these reports, students will be able to: • Characterize debates at the Constitutional Convention about the powers to tax, begin and end war, and provide for the national defense. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 2: The impact of the American Revolution on politics, economy, and society. • Standard 3: The institutions and practices of government created during the Revolution, and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? B. What are the essential characteristics of limited and unlimited government? — Limited and unlimited governments Standard 3: How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution? — Distributing governmental power and preventing its abuse B. How is the national government organized and what does it do? — Major responsibilities of the national government in domestic and foreign policy — Financing the government through taxation 41 Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 2: Origins of American Government Section 3: The Critical Period Section 4: Creating the Constitution Chapter 10: Congress Section 1: The National Legislature Section 2: The House of Representatives Section 3: The Senate Chapter 14: The Presidency in Action Section 1: The Growth of Presidential Power Section 2: The President’s Executive Powers Section 3: Diplomatic and Military Powers UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 1: Experimenting with Confederation Section 2: Drafting the Constitution Key People and Terms • division of powers • Edmund Randolph • George Mason • Elbridge Gerry • representation in government • separation of powers Pre-Teaching Ideas • Review some of the important powers of the national government and some of the most important powers of the states. Ask students in what ways they would reconfigure the division of power between the national and state government. • Ask students in what ways they would reconfigure the separation of powers between the branches of the national government. 42 “I am against giving the power of war to the Executive, because he is not safely to be trusted with it — or to the Senate because it is not so constructed to be entitled to it. I am for clogging rather than facilitating war. I am for facilitating peace.” —George Mason Post-Program Discussion Questions 1. Why were the delegates to the Constitutional Convention concerned about the power to tax and who should possess it? 2. How did the delegates compromise on the powers to declare war or make treaties of peace? 3. Why was the establishment and maintenance of an army and navy a contentious issue among the delegates? 4. How does the Constitution provide for checks against possible abuses by the military? Extension Activity To extend this lesson, visit http://www.constitutioncenter.org and type “5496” into the search engine for an excellent lesson on war-making powers from the National Constitution Center: 43 Theme 14: RELIGION AND THE CONSTITUTION DVD 4. These reports depict debates about religion, religious qualifications, and religious oaths of office at the Convention of 1787. Reports August 20: August 30: Religious Freedom and Religious Qualifications Religion and the Proposed Constitution: Religious Toleration: Not a Qualification for Office Learning Objectives After viewing and discussing these reports, students will be able to: • Describe delegates’ attitudes about religion and religious freedom. • Explain the reasoning behind the “no religious test” clause of the United States Constitution. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 2: The impact of the American Revolution on politics, economy, and society. • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? C. What are the nature and purposes of constitutions? — Concepts of constitution — Conditions under which constitutional governments flourish Standard 2: What are the foundations of the American political system? A. What is the American idea of constitutional government? — The American idea of constitutional government Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 2: Origins of American Government Section 3: The Critical Period Section 4: Creating the Constitution 44 Chapter 18: The Federal Court System Section 3: The Supreme Court UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 1: Experimenting with Confederation Section 2: Drafting the Constitution Key People and Terms • establishment of religion • religious qualification for office • oath of office • Virginia Statute for Religious Liberty Pre-Teaching Ideas • Review religious liberty and establishments of religion found in state constitutions during 1787. • Ask students to compare state constitutions’ religion clauses with Article VI, Section 3 of the United States Constitution. Post-Program Discussion Questions 1. Why was religious liberty so important to many of the delegates of the Constitutional Convention? 2. Do the Constitution’s religion clauses (e.g., Article VI, Section 3, free exercise, and establishment clauses) represent a “radical” departure from the relationship that existed between government and religion prior to 1787? 3. Is it possible for a government with an established religion to also foster a free and open society? If so, how? 4. What are some current issues of religious liberty in the United States? Extension Activity Direct students to the Web site below to obtain a copy of Thomas Jefferson’s “Virginia Statute for Religious Liberty.” Ask them to then outline the argument that Jefferson presents. To what extent are the Constitution’s provisions for religious freedom consistent with Jefferson’s arguments? Go to http://teachingamericanhistory.org and type “950” into the Search Site search engine. 45 “I am one of the people called Jews of the City of Philadelphia. To swear and believe that the New Testament was given by divine inspiration is absolutely against the Religious principle of a Jew and is against his Conscience to take any such Oath.” —Jonas Phillips, citizen “No religious test shall ever be required as a qualification to any office or public trust under the authority of the United States.” —Charles Pinckney Theme 15: FEDERAL OR NATIONAL; ONE NATION OR SEVERAL? DVD 4. These reports emphasize one of the major divisions among the delegates to the 1787 Convention: To what extent should the government of the United States be confederal or national? To what extent are the people of the United States citizens of the United States, or citizen of the states in which they reside? Reports May 30: July 30: September 3: The Virginia Plan: A National Government One Nation or Several States? The Constitution and the People: Is this One Country? Learning Objectives After viewing and discussing these reports, students will be able to: • Describe, compare, and evaluate confederal and national (i.e., federal) forms of government. • Depict the arguments of delegates who favored a confederal system and those who favored a national system. Correlations with the Nat’l Standards for United States History, Grades 5-12 Era 3: Revolution and the New Nation (1754-1820s) • Standard 2: The impact of the American Revolution on politics, economy, and society. • Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights. Correlations with the Nat’l Standards for Civics and Government, Grades 9-12 Standard 1: What are civic life, politics, and government? C. What are the nature and purposes of constitutions? — Concepts of cconstitution — Purposes and uses of constitutions D. What are alternative ways of organizing constitutional governments? — Confederal, federal, and unitary systems — Nature of representation Standard 2: What are the foundations of the American political system? A. What is the American idea of constitutional government? — The American idea of constitutional government 46 Standard 3: How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution? — Distributing governmental power and preventing its abuse Textbook Alignment GOVERNMENT/CIVICS McClenaghan, William A. Magruder’s American Government. Upper Saddle River, NJ: Prentice Hall, 2006. Chapter 1: Principles of Government Section 1: Government and the State Section 2: Forms of Government Chapter 2: Origins of American Government Section 3: The Critical Period Section 4: Creating the Constitution UNITED STATES HISTORY Danzer, Gerald R., J. Jorge Klor de Alva, Larry S. Krieger, Louis E. Wilson, and Nancy Woloch. The Americans. Evanston, IL: McDougal Littell, 2005 Chapter 5: Shaping a New Nation (1781-1788) Section 1: Experimenting with Confederation Section 2: Drafting the Constitution Key People and Terms • Charles Cotesworth Pinckney • division of power • Gouverneur Morris • confederal • e pluribus unum Pre-Teaching Ideas • Review the meaning of e pluribus unum (i.e., out of many, one), the motto on the Great Seal of the United States. The Founders believed this to mean that from many colonies or states arose one Nation. “Among the first sentiments expressed in the Ask students to what extent or in what ways they first Congress, one was that Virginia is no believe the U.S. is one unified nation today. If the more, Massachusetts is no more, that U.S. is one nation, what is it that binds us together? Pennsylvania is no more. We are now one • Review Americans’ prevailing attitudes about allenation of brethren.” giances to states in 1787. —James Wilson 47 Post-Program Discussion Questions 1. What caused Americans of 1787 to think of themselves primarily as members or citizens of states rather than of the United States? 2. Why were Americans so afraid of a strong central government in 1787? 3. Other than the United States government under the Articles of Confederation, can you identify other examples of confederation? 4. Are there current or historic examples of successful confederacies? Extension Activity In small groups, ask students to identify the civic values or principles that bind Americans together as a nation. What are those principles to which all or virtually all of Americans subscribe? Have students compare their answers with R. Freeman Butts’ Twelve Tables of Civism, which can be found at http://www.civiced.org/morality/morality_tableone.html 48 GLOSSARY amendment (constitutional) Modifications to a constitution. In the United States a constitutional amendment must be proposed by a two-thirds vote of both houses of Congress or by a special convention called by Congress, and must be approved by three-fourths of the states. Articles of Confederation The first Constitution of the United States of America; it was in effect from 1781 until it was replaced in 1789 by the United States Constitution. bicameral legislature A two-house legislature. bill of rights A list of the rights that are enjoyed equally by citizens of a state; these rights cannot be unjustly restricted by the government. checks and balances Provisions in a constitution that allow for the sharing of power between branches of government, thereby enabling one branch to “check” another. civic virtue Freely giving of oneself to benefit the common good. common good That which is in the best interests of the whole society or community (as opposed to self-interest). confederal A form of government that is composed of an association of sovereign states that delegate specific powers to a central government. constitution The set of rules that defines a government and its operation. constitutionalism The use of constitutions to define and limit the power of government. democracy A Greek-derived word meaning “rule by the people.” Today, most democracies are also representative and constitutional democracies (that is, people do not participate directly in their democracy and democratic decisions are limited by a constitution). division of power The political power that is divided between a central government and the subdivisions that form its parts. e pluribus unum A Latin phrase meaning “out of many, one.” The phrase is found on the Great Seal of the United States of America; it originally referred to 13 states joining together as one nation. Electoral College The official name of the group of electors that elect the president and vice president of the United States. The Constitution establishes the Electoral College in Article II, Section One. establishment of religion A clause in the First Amendment forbidding the government to set up a national church. 49 executive branch The branch of government that is responsible for implementing and enforcing the law. federal A form of political organization in which political power is divided between a central government and the subdivisions that form its parts. Franklin, Benjamin Delegate to the Constitutional Convention of 1787 from Pennsylvania. As one of the most recognizable and influential people, his presence at the Philadelphia Convention of 1787 was important. Gerry, Elbridge Delegate to the Constitutional Convention of 1787 from Massachusetts. Gerry was one of the most vocal delegates at the Convention. He presided over the committee that produced the Great Compromise. Gerry refused to sign the Constitution, and led a campaign against its ratification in Massachusetts. Great Compromise The compromise at the Constitutional Convention of 1787 between large states that favored representation based on population and small states that favored equal representation between the states. Also known as the Connecticut Compromise. House of Representatives One house of a two-chamber United States Congress. Each state is represented in the House of Representatives based on its population. The total number of members in the house may not exceed 435. impeachment An expressed power of the U.S. House of Representatives that allows for formal charges to be brought against high officials for misconduct. The Senate has the sole power to judge cases of impeachment. judicial branch The branch of government that is responsible for interpreting the law. land speculation Buying, holding, and selling land to profit from price fluctuations, as opposed to buying it for personal use. legislative branch The branch of government responsible for making the law. liberalism A political theory that emphasizes individual liberty and each person’s equal possession of natural rights. limited government The concept that government cannot act capriciously, rather it is limited by higher law such as a constitution. Madison, James Delegate to the Constitutional Convention of 1787 from Virginia. Madison’s reputation as the “Architect of the Constitution” is well deserved. Madison was the primary author of the Virginia Plan, which championed a strong central government. 50 majority rule The rule that decisions by more than half of those participating in them are binding. Martin, Luther Delegate to the Constitutional Convention of 1787 from Maryland. Martin opposed a number of things about the Constitution—a strong central government, “unequal representation” in Congress,” the absence of a jury in the Supreme Court—and fought against ratification. Mason, George Delegate to the Constitutional Convention of 1787 from Virginia. Mason was one of the most influential delegates but, in the end, refused to sign the Constitution for a variety of reasons. Two of Mason’s strongest objections—that the Constitution lacked a bill of rights, and that it didn’t appropriately limit judicial power—were later addressed by the Bill of Rights and the Eleventh Amendment. Morris, Gouverneur Delegate to the Constitutional Convention of 1787 from Pennsylvania. Morris was an extremely influential delegate who served on several important committees. He is thought to be one of the drafters of the final copy of the Constitution. national power Political power that is held by the central or national government. New Jersey Plan The plan for government proposed at the Constitutional Convention of 1787 that was primarily supported by delegates from small states and introduced by William Patterson of New Jersey. oath of office A solemn pledge, usually invoking God, prior to taking office. Patterson, William Delegate to the Constitutional Convention of 1787 from New Jersey. An advocate for small states during the Convention, Patterson helped to author and promote the New Jersey Plan. Pinckney, Charles Delegate to the Constitutional Convention of 1787 from South Carolina (and father of Charles Cotesworth Pinckney), he was an outspoken delegate who made significant contributions to the final draft of the Constitution. Pinckney, Charles Cotesworth Delegate to the Constitutional Convention of 1787 from South Carolina Charles Cotesworth Pinckney was a leader at the Convention who advocated a strong central government. Randolph, Edmund Delegate to the Constitutional Convention of 1787 from Virginia. Randolph introduced the Virginia Plan at the Convention and vacillated between the federalist and anti-federalist positions on the Constitution. Although he refused to sign the Constitution because he viewed it as a threat to republicanism, he later fought for its ratification. ratifying convention Special conventions called by states to ratify the Constitution. religious qualification for office A religious requirement that one must satisfy to hold a certain public office. 51 representation based on population A method of calculating representatives that is based on the number of people in a state or district. representation in government The idea that elected officials represent the interests of their constituents. representative democracy A form of government in which power is held by the people who elect representatives to make decisions on their authority. republicanism/republican government A system of government in which power is held by the people and exercised by their representatives. requirements of office The minimum requirements (e.g., age, residency, citizenship) one must satisfy to serve in a particular office of government. Senate One house of a two-chamber United States Congress. Each state is represented equally in the Senate. separation of powers The partition of political powers between branches of the government. Shays Rebellion The rebellion of debt-ridden farmers led by Daniel Shays that started in Massachusetts in 1786 and spread to other states. The farmers demanded more paper money to avoid the foreclosure of mortgages. When this failed, the farmers began to forcibly prevent county courts from meeting, and the violence escalated. Sherman, Roger Delegate to the Constitutional Convention of 1787 from Connecticut. An influential delegate, Sherman served on the Committee on Postponed Matters, helped to broker the Great Compromise, and was an advocate of the Constitution in his home state’s ratification debates. slave trade The buying and selling of slaves. states rights The idea that states within the United States system of government possess certain rights or powers that the national government cannot take away. term of office The specified length of time one serves in a political office. territory A part of the United States of America not within any state and organized politically with a separate legislature. Three-fifths Compromise The compromise between delegates from slave states and non-slave states that provided that three-fifths of the slave population be counted for purposes of taxation and representation. unicameral legislature A single house legislature. 52 Virginia Plan The plan for government proposed by the Virginia delegation at the Constitutional Convention of 1787. The plan called for a strong central government composed of three branches: legislative, executive, and judicial. Representation in the legislative branch would be based on population. The plan was introduced at the Convention by Edmund Randolph but was primarily written by James Madison. Virginia Statute for Religious Liberty A 1786 statute written by Thomas Jefferson and introduced in the Virginia legislature by James Madison that protects religious liberty from governmental influence. Washington, George Delegate to the Constitutional Convention of 1787 from Virginia. As the most admired person in the United States, Washington’s presence at the Convention was as important as any of his contributions. Wilson, James Delegate to the Constitutional Convention of 1787 from Pennsylvania. Wilson was one of the most vocal and influential delegates at the Convention. He delivered many speeches, and sat on the Committee of Detail. 53 SUPPLEMENTAL RESOURCES Bowen, Catherine Drinker. Miracle at Philadelphia: The Story of the Constitutional Convention May to September 1787. Boston, MA: Little, Brown, and Co., 1986. Collier, Christopher. Decision in Philadelphia: The Constitutional Convention of 1787. New York, NY: Ballentine Books, 1986. Farrand, Max. The Framing of the Constitution of the United States. New Haven, CT: Yale University Press, 1913. Madison, James, Edward J. Larson, Michael P. Winship. The Constitutional Convention: A Narrative History from the Notes of James Madison. New York, NY: Random House, 2005. Rossiter, Clinton. 1787: The Grand Convention. New York, NY: W.W. Norton and Co., 1966. The Bill of Rights Institute 200 North Glebe Road, Suite 1050 Arlington, VA 22203 Phone: (703) 894-1776 Fax: (703) 894-1791 www.billofrightsinstitute.org The Center for Civic Education 5145 Douglas Fir Road Calabasas, CA 91302-1440 Phone: (818) 591-9321 Fax: (818) 591-9330 www.civiced.org Constitutional Rights Foundation 601 South Kingsley Drive Los Angeles, CA 90005 Phone: (213) 487-5590 Fax: (213) 386-0459 Email: [email protected] www.crf-usa.org National Constitution Center 525 Arch Street, Independence Mall Philadelphia, PA 19106 Phone: (215) 409-6600 www.constitutioncenter.org 54 TeachingAmericanHistory.org Ashbrook Center for Public Affairs at Ashland University 401 College Avenue Ashland, OH 44805 Phone: (419) 289-5411 Toll Free: (877) 289-5411 Email: [email protected] www.teachingamericanhistory.org The Democracy Project Institute for Public Administration 180 Graham Hall, University of Delaware Newark, DE 19716 Phone: (302) 831-8971 Fax: (302) 831-3488 Email:[email protected] www.ipa.udel.edu/democracy The Dirksen Congressional Center Mock Constitutional Convention www.congresslink.org/print_lp_mockconvention.htm This site provides instructions and materials to assist in organizing a mock Constitutional Convention. National Archives and Records Administration www.archives.gov/national-archives-experience/charters/constitution_founding_fathers.html This site contains biographies of all delegates to the 1787 Constitutional Convention. National Archives and Records Administration www.archives.gov/national-archives experience/charters/constitution_q_and_a.html This site provides interesting questions and answers about the United States Constitution. GPO (Government Printing Office) Access www.gpoaccess.gov/constitution This site supplies a copy of the United States Constitution and detailed annotations for each section. The Avalon Project at Yale Law School www.yale.edu/lawweb/avalon/usconst.htm This site holds hundreds of primary source documents related to the United States Constitution organized by century. 55 Films for the Humanities & Sciences A Wealth of Information. A World of Ideas. PO Box 2053, Princeton, NJ 08543-2053 CALL 800-257-5126 • FAX 609-671-0266 WWW.FILMS.COM 36395