DOCUMENT RESUME ED 364 450 SO 023 396 TITLE the Charters Of

DOCUMENT RESUME

ED 364 450 SO 023 396

TITLE The Charters of Freedom: The Bill of Rights. INSTITUTION National Archives and Records Administration, Washington, DC. Office of Public Programs. PUB DATE [93] NOTE 10p.; For related documents, see SO 023 393-400. PUB TYPE Guides Classroom Use - Teaching Guides (For Teacher) (052)

EDRS PRICE MF01/PC01 Plus Postage. DESCRIPTORS *Constitutional History; Elementary Secondary Education; Field Trips; *History Instruction; Japanese Americans; Law Related Education; Learning Activities; *Primary Sources; *Public Agencies; Resource Materials; Social Studies; *United States History; World War II IDENTIFIERS *Bill of Rights; *National Archives DC; United States Constitution

ABSTRACT This publication is intended for teachers bringing a class to visit the National Archives in Washington, D.C., for a workshop on primary documents. The National Archives serves as the repository for all federal records of enduring value. Primary sources are vital teaching tools because they actively engage the student's imagination so that he or she may visualize past events and make sense of their reality and meaning. This publication concerns the Bill of Rights to the U.S. Constitution. Historical information on tt'g Bill of Rights as well as on the internment of Japanese Americans during World War II is included. A photograph of the Bill of Rights and a photograph of persons of Japanese ancestry arriving at an internment center during World War II are included, as are two student exercises. (DB)

*********************************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * *********************************************************************** The Charters of Freedom

The Bill of Rights

U.111. DEPARTMENT OP EDUCATION Othcoof Educatooma RsisioehAnd ilnOrOV~nt EDUCATIONAL RESOURCES INFORMATION CENTERtERIO1 Ms docurnant has bean /*produced se \pfiettivd from ow prion or oectantuatInn ongmatIng it 0 Mmor changes haws Won ma3 tO ortiprOwt rproduchon clusIfty

Pt:HM*0fWV*Or COMO" Oki" in 1MS merit do not Nicola/stay tlometant Official°Cu. OERI position or poky

BEST COPY AVAILABLE

2 The Charters of Freedom 7TT'yz 70111

by making such a concession were the Constitution's FOR THE TEACHER supporters able to win ratification in such closely divided states as New York and Virginia. Thank you for arranging a National Archives In the First Federal Congress, Madison worked workshop for your class. For too many students, tirelessly to fulfill his pledge. Carefully selecting 17 history is just an endless string of dates and events amendments from proposals introduced by the state chronicled in a textbook. Primary sources actively ratifying conventions, Madison guided this legislation engage the student's imagination so that he or sfie may through Congress despite indifferenceon the part of visualize past events and sense their realny and some House members (who thought the House had meaning. Before your workshop, it would be advan- more pressing concerns) and open antagonism on the tageous to introduce your students to primary part of others (Antifederalists who sought a second sources with the poster-size documents and the convention to curtail the powers of the federal attendant exercises we have provided. The exercises government). On October 2, 1789, after the Senate may be photocopied and should be adapted to fit your had trimmed down the amendment package from 17 objectives and teaching style. We hope that these articles to 12, President Washington submitted copies preliminary materials and our workshop will enhance of the adopted amendments to thestates for ratifica- your class's understanding and appreciation of the tion. With Virginia's ratificationon December 15, sytnbol and the substance of the Americat conception 1791, three-fourths of the states had ratified theBill of of individual liberty. the Bill of Rights. Rights, and it became part of the Constitution. The reproduction on the front ofyour poster is a copy of the original Bill of Rights, which is enshrined The Bill of Rights at the National Archives. Your students probably know that the first 10 amendments to the Constitution of the major reasons for much of the battle constitute the Bill of Rights. They should notice, 0 neover the rat ihcat hm of the U.S. Constitution was however, that the original Bill of Rights lists12 the absence of a bill of rights. In December 1787, after amendments. The two additional amendments, "Arti- 11w Constitutional Convention at Philadelphia had cle the first" concerning the number of representa- adjourned, Gec mgt. Mascni (a )rcnninent C( it went ion tives and "Article the second" dealing with a time dtlegate mid principal architect of Virginia's Declara- constraint on congressional pay raises, were not tion of Rights in 1776) succinctly stated the crux of ratified in 1791. The second article, however, eventu- Antifederalist opposition in a published explanation ally received the ratification of three-fourths of the of his refusal to sign the Constitut ion: "There isno states on May 7, 1992, when Michigan became the 38th declaration of rights; and the laws of the general state to approve it. The 203-year odyssey of what is ginclIffill'Ill being pin amount to the latis and c onsti- now the 27th amendment culminated on May 18, tuthms of the several states, the declarations of rights 1992, when the Archivist of the United States, Don W in the sepantte states are no security." Wilson, certified its legitimacy as required by law. Those delegates who had signed the Constitution Never before had ratification taken two centuries. did not oppose the principle of a bill of rights. They In 1921 and 1939 the Supreme Court ruled that merely believed itunnecessary because the new constitutional amendments nmst be ratified withina lecternt government would be One of expressed reasonable period of time but left it up to Congressto junvers only, and the state constitutions had already define what that meant. Congress establisheda 7-year secured the fundamental rights of individuals. Other time limit for ratification of amendments sent to the delegates placed little faith in what James Madison states (i he Equal Rights Auto wIntent, forexample, was derided as "parchment barriers" against majority rule a casualty of this time restriction). Tlw first Congress, and thus sought protection in structural arrange- however, set no such limit on the pay raise amendments such as the separation of powers and its ment, making its delayed ratification possible. at tendant system of checks and balances. Using the reproduction of the original Bill of Rights Structural arrangements, however, did not satisfy as a starling point, discuss with yourclass the nat ure of the Amifederalists, and they quickly learned that the this constitutional anomaly. Ask your studentsto absence of a bill of rights gave them an effectiveway to research the 27th ame»dment's extended quest !Or at tack the Constitution. The opponents of radfication ratificaticm by consulting newspaper articles and used this powerful argument to gain the upper hand, more rt.( cm works such as William 1.. Millet'sThe and h soon became apparent to the Federalists, and Thinness qi May Next: James Madison & Hu, handing. specifically to James Madison, that a proposal to add amendments to the Constitution after its ratification was inevitable. Even Thomas Jefferson, who for the most part favored the new government, wrote to Mad in m that a bill of rights was "what the people are 3 entitled to against every government on eartle Only The Internment of What is the National Archives? Japai tese Americans r stablished in 1934, the National Archives helps The Japanese torpedoes that decimated the U.S. Lit preserve our nation's history by serving its the Navy at Pearl Harbor on December 7,1941, repository for all federal records of enduring value. I t plunged the United States into a global struggle for thus serves the federal government, researchers of survival. The conflict also brought about a critical test many topics, and the Americanpublit. Because of the nation's cons! itutional democracy. If the United fe(leml records reflect and (loci onent !mire than 200 yea. s of American dcveloptnent, the recordsin die States was to survive, could the Constitution survive National Archives holdings are great in number, with it? Could civil liberties, the rights of individuals diverse in character, and rich in information. and of minorities, be upheld during times of national Before your students participate in a tour or a crisis? of The relocation and internment of more than workshop, they should be familiar with the mission 100,000 civilians of Japanese descent by the U.S. the National Archives. We recommend that you government during World War II was clearly an present your students with the followingvocabulaty ominous failure of that test. Uprooted from their words and questions: homes, their businesses, and their farms, Japanese Americans were held from 1942 to 1945 under armed Please define Archives, Archivist, Document, Rec- guard.and behind barbed wire. They were thoroughly ord, Preservation. deprived of their constitutional rights of personal Why do you and vour family save documents? Why security: the right to move about freely, the right to are they important? live and work where one likes, the right to establish The U.S. government keeps its records in the and keep a home, and the right not to have these rights violated or withheld without formal charges, proper National Archives. notice, a fair hearing and trial, and all the other Why does the government save its records? procedural requirements of due process of the law. What kinds of records might the U.S. government In three cases challenging the policy of evacuation want to save? Hirabayashi v. United States (1943), and detention What famous documents are al the National Ar- Korematsu v. United States (1944), and Ex parte Endo (1944) the U.S. Supreme Court effectively managed chives? to avoid wrestling with the constitutionality of inter- You will be called by the National Archives docent nment. The Court chose to view the program of the assigned to your class about a week before the date of miltary authorities as a series of separate orders and your tour or workshop. If theworkshop will be held in not as an overall plan. According to the Court, the your classroom, then please beprepared to relay separate orders for persons ofJapanese ancestry were information concerning directions, parking, and as follows: "(1) depart from the area; (2) report to and school check-in procedures. temporarily remain in an assembly center; (3) go Whether it is our Behind-the-Scenes Tour or one of under military control to a relocation center there to our Primary Document Workshops, we areconfident remain for an indeterminate period:. This reasoning that the experience will provide an exciting newlook allowed the Court to hand down, on the same day, a at history. In order to assess ourperformance, we decision against Fred Korematsu (declaring that as he would appreciate your cooperation in completingthe was convicted of violating only the first order, it was enclosed evaluation form and returning it in theself- unnecessary to question the constitutionality of any- addressed, stamped envelope provided. thing more than that particular exclusion order) and a If you have any additional questions regarding your decision for Mitsuye Endo (declaring that the War Volunteer and Relocation Authority had overstepped its authority in tour or workshop, please contact the executing the third order) without either of the two Tour Office Staff at 202-501-5205. cases overturning the other. In Ex paru Endo, only Justice Owen Roberts protested the Court's reluc- tance to face up to the serious constitutional issues at stake: "I contur in the result but I cannot agree with the reasons stated in the opinion of the court for reaching that result. As in Korematsu v. United States, No. 22 of this Term, the court endeavors to avoid constitutional issues which are necessarily involved." Nonetheless, the Court's decisions in all three cases had injected into American law a dangerous doctrine of military supremacy during time of war and set a precedent for repressive action against minorit y groups. In 1988 Congress authorized restitution payments of $20,000 to each of the 60,000 surviving internees and apologized for the injustice. The reproduction on the'back of your poster is a photograph of evacuees arriving at the notoriously overcrowded "Assembly Center" at the Santa Anita Racet rack (men, women, and children were housed in PRODUCED DV THE STAFF OF THE NATIONAL stalls) on April 5, 1942. With this as a starting point, ARCHIVES TOON OFFICE have your students consider whether or not such an OFFICE OF PUBLIC PROGRAMS WAsHINcruN. DC PM* event could happen today. When fimmilating their answers, they slaaild keep in mind the legal iwecedoit set by the Supreme Court and subsequent congressional act itins. 4 Exercise I:

TheBill of Rights the Remember, this was theoriginal bill submitted to Study the reproductionof the Bill of Rights. states for ratification. held) 1. Where and when wasthe Congress being Who was the Presidentof the Senate> 2. Who was theSpeaker of the House?

amendment to theConstitution> 3. Is "Article thefirst" the first amendment to theConstitution? If not,then which 4. Is "Article thesecond" the second amendment is it) church? the government totell you where to go to 5. Which amendmentmakes it illegal for from torturing thosewho have committed a 6. Which amendmentforbids the government

crime> and the home from unlawful(without a "warrant") entry 7. Which amendmentprotects your taking of yourpossessions by thepolice)

military personnel to useyour home frirbarracks? 8. Which amendmentmakes it illegal for amendment mean for aU.S. citizen) 9. What exactlydoes the ninth

5 Exercise II: Personsof Japanese ancestry arriving at the Santa Anita Assembly Center

Study the photograph carefully in order to form an historical understanding of what is taking place.

1. Is this a civil disturbance

2. Who are the people lined up aginst the trai&

3. Why are they lined up against the train.>

4. What is the role of or the need for military personnel in this circumstance

5. What is the year? What event is being depicted>

6. What previous political events have brought this moment to pass

7. Why did people think at the time that actions like the one depicted in the photograph were essential to the national security of the United States? Evaluate these reasons.

8. After having ascertained the event taking place and its larger historical context, determine whether or not the individual liberties of the civilians in the photograph were protected or violated according to the Bill of Rights.

6 saMLI).1V£114291 Jo 11141 N qLU. . nonvAr M03 131 ...-11.3.-.1.::-. "-"71.- . i..,. .,.: , ,,,.... -,,,,, < .1.:..- V4 . ..---,... - . ...,.... . ' .. ri., . : T... 0. *., n'S ....044,it, ,.. ,.... k ..; ..' k. I .1....- it*. ;',...... 00...1.d.' ip.alle .1' "' :ii., - . !i .' . .., :y ",,,, o 1".';.7..41., ,. ..r :.lifii g....wv Jade."' . 9.*... ,::' . 4,,,, . -0' - '' $ . .i. 4....t.r . ..., . ' ...... ,...,...' . A ' .. , . ' .,...4.*. ...ovve !,. ; 4 .* . , ...... , . .. ..'t .a.;.. ." , . '. . . " lin'e4114,71",;2141. ... 1047r-iti-"7.:-/X-PgiAy7f.rir 1 ... ..,.---':--- ..,...,./<:: ;144'7//trIttnir.,14.?"'*".'"tir;r1Osifffri . , t . . qii*,14pIrj..70'.., 410-117ver"*?:rirr-rIrdfrift".","'"..- . -,----....w,,,,,,pyry,-- ... ./..../47' . ' . .1 , ir/"""""''" ''''.1'Y'-'i. 7.'/7". ,.., . . """-irVP:',"/!:./ y i 77"*"eirr L.14/WVAI74. 10 ,,, 47,--...ry..4-1,4.74.-. r" 7' 74!"o'7.'46"'"V'r"Pryway ryip ,,,,.."4,,,,,;...../....,i,...... ,,;.4..q./....t.,.tli:1-41.1:-."7,r-7-7/7. """14 "791""'cli ;""r4 11441:0Tr- '"'"/,7^". ,.../...... "/....4; 4,-.. 6p swir.../IFT Iii14"."9 4", . it-e. I-v.1 ,,,,,,,r,,,,- i . 91....114.ro415-,(-047-' ,*pr. , frr-*"10..4' - w-/ ..,,, "1.7,41t... 77/47,-4.-,..2,./...... ,,,.., 'Y1 v 4:441.,-617, .1r.. rri y4 I.. ..0.7 . I, 1 4...cl. p.,...7 71 # ...iv. 7. 7.1i4,.. 7, 71.1 --7- r-perr',. ,,y ri,6 .4../pr--4?;-//94--/-r - 4' ,e7 --.7"4-"4"'"'011471-4407 PT.-.V..r..-.^.11,4.-...er'...i.o10 4'44" '477 ' /12/ f-"drA''''"" r".7411, ,r ""*.4-7)-4'""r"'"'Vr''''"","7'-',7%/40 r"*Is-arV1-'1!"- **"."`1,-,--Irr ?xi wily'. 7-rr ..,44.4vr , *J.,. lu,,,,o',,,4..., , ...., /...,..... ,,,r,...,7.,,N ki- //,""/ ---v .. .1 . . t,,,,t ps,41ey, qa...,,,, o'er", Ivor* 7 ro pi. ..,...4. 71 .1.41 ea n.....1/ IT rig/ 7/701./ St .1 ../17, /71.07, ...... 4.)....%yoirAr.r...... r..114, 4,..1V F.1111 P.PalOy 4.700r111,,,NY ,...o...0.. ry ; ly...44 "new. 'pr./ 0108/94,1,41. 0.10, 7, ,44 ,,,,,, ,,,C, It, , .. ,...74,7...... ily., ...,...... 1.7'. .7/ ..> - - "..v W.1"."*.,. 1,1-p " -v;'...!,.24./.. 7 ric.7 ...0.47 i..../.1,7 y 4400si. . ,v4. *.yi ' wy../..,,A vo...... 42. khyri 64...... ", ...Iwo( p/.... pyr.74 4...., .,0.7 14,4 47. ...my inophiroz, pm,/iii p.r".1# -..a. -1.....er.....rifil - fi,/, Arj.77..,v7 ir 1.71 ryr ..,: /11..ty . :, -Treiy. Wa"..).4.10,V frt.? 1. 741.441.',...4-","/ le 9 .. 4...... f., ...74,.r...."-...4,/ ...I.". w.ly...././1.P " :Ai' 9.ylirrowy«4"*""" ../7, hyr,,....445.4v.--117,7,- iv...... 0.7; wl. maw p7/...s...,..4.. 7y 4.4., ..,,,,,,r.,,,,,,,,,. y rid.h... LO 4*.y1). 1 0,1.6y WOO 1:r-i-,..-r. 7.0,rp y4 4ii ?,.f7 x r9.7 , ,; .00.1411.4., ,,,,..." 10 47 yy I,. er pg 'pp l , ltd.i? 4 ,,,,4 .. 7,7i, .7.. I. 17, ,...,- .14 7.7...7 . 7 7 ,...... r7. f 1 rop441 erwee wr Ir. /.11,116.0.117, 41/ Oil MP 0. "..!... r n' . , ;" r 4.1.r7 4...... 7.1...1911.1.--.0". 7. ",/,'"'?""7(74 1.plpro.o4v 41, ..i-/-",----4, --, vet- "77 '''''rtri ....p. 75...... ,..,...... 44,,, ,...,....7, ...... , 6 ,... zry...... p pry, . 'PA "%ri4P'14 r'"Is it., ,,."4"'"""0/7u /yr.& .. 'it) ;4rmiyy zier .4.0,../7 7 1.r pyy, -(V . 'il ...; 0 ."'".74;:tY, -,e144')".' '444 41:4"I'llift ii '',7' riv 7,,/"....mr-y70),--,r.., .-nr ... t irz),LL arp. e . . _ : s-rys-9 p-47. 'nil 714P 719 7' 1 0"'"*""1"").1"."'"7 - ] 4,:at!:(mit". ''jiirrryredy,47 :7474-p 4,74/.7Pro)4:7710. /^7R?"7""'"'"", fT*4 4.4't Iv '1^-1"/""frli f :"Y0 /TV-. 11.4 Jew", 7,/ /-" er. i ^4 yle 74-, 70, p-6147 7.tv 414, '74.... 7* 4.-40re 'Pm"' "'PI' '"'"P 'wry"' ','",",-0-Ar..--1414.4 '0.rrs,1/ IV .''',.. rW45(r. re*: ev rs. ri ,-.742:-/ . 2.1 ..g 1 :-....v."---* r--.4 7. - 4. z$44111 vol-lerwnv 4tt;"71.'"7-70 47 : ' "7"W' Ir'''iltre'ir", yii4 , : .,.. - -... s ' P/ A I;; '%' 03. . /4! :7,7/ : "21,(2,.!Pfbtivi: , . :. 4.-1. ,. '4" t ..41" , 9 ThePersons National of JapaneseArchives ancestry arriving at the Santa Anita Assembly Center BEST COPY AYAILMILE Jo