Bill of Rights Constitutional Rights in Action Foundation SPRING 2015 Volume 30 No3 SAVED FROM THE GALLOWS — THE TRIAL OF LEOPOLD AND LOEB Daily News negatives collection, Chicago History Museum From right, defense attorney and his two clients, Richard Loeb and Nathan Leopold, sit in court.

IN 1924 IN CHICAGO, NATHAN LEOPOLD, WERE SAVED FROM THE GALLOWS BY many hobbies and interests, including 19, AND HIS FRIEND, RICHARD LOEB, 18, THE WORK OF THEIR ATTORNEY, birding, which he pursued with a pas- WERE TRIED FOR THE BRUTAL MUR- CLARENCE DARROW, IN WHAT HAS sion. At home he read books on phi- DER OF A 14-YEAR-OLD BOY. THE OFTEN BEEN CALLED ONE THE MOST losophy, including books by the PROSECUTOR CALLED IT “ONE OF THE FAMOUS TRIALS OF THE 20TH CENTURY. German philosopher, Friedrich Niet- MOST COLD-BLOODED, CRUEL AND Nathan Leopold grew up in zsche. Nietzsche wrote often about COWARDLY CRIMES EVER COMMITTED the Ubermensch, a superman who sets IN HISTORY.” NEWSPAPERS ALL OVER Chicago, . He came from a his own values and can affect the lives THE COUNTRY CARRIED STORIES OF wealthy family; his father had made of others. THE ARREST AND THE GRISLY FACTS OF millions manufacturing boxes. By THE CRIME ON THE FRONT PAGE. THE 1924, Nathan had graduated from col- Leopold admired his close friend, PUBLIC CALLED FOR LEOPOLD AND lege and was a law student at the Uni- Richard Loeb, whom he often de- LOEB’S EXECUTION. BUT THE BOYS versity of Chicago. He engaged in scribed as a “superman.” Loeb, like Leopold, was extremely intelligent. He skipped several grades in school and THE LAW was the youngest student ever to grad- This edition of Bill of Rights in Action looks at issues related to law. The first article uate from the University of Michigan. explores the famous trial of Leopold and Loeb, which rocked the nation in the Like Leopold, he also came from a 1920s. The second article examines the Great Qing Code, the laws of the last wealthy family; his father was a retired dynasty of China, which was in power from 1644 to 1912. The last article looks at vice president of Roebuck. Loeb the meaning of the First Amendment’s free exercise clause. did not read books on philosophy; he U.S. History: Saved From the Gallows — The Trial of Leopold and Loeb loved detective stories, reading every World History: The Great Qing Code: Law and Order During China’s Last Dynasty one he could find. Loeb also tried com- Government: The Free Exercise of Religion in America mitting minor crimes — stealing bot- Guest writer Lucy Eisenberg, Esq., wrote the article on Leopold and Loeb. Our tles of liquor from a relative and a longtime contributor Carlton Martz wrote about the Qing Code. CRF’s senior Liberty Bond from his brother’s desk. writer Damon Huss wrote on the free exercise of religion. But minor crimes were not enough.

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© 2015, Constitutional Rights Foundation, Los Angeles. All Constitutional Rights Foundation materials and publications, including Bill of Rights in Action, are protected by copyright. However, we hereby grant to all recipients a license to reproduce all material contained herein for distribution to students, other school site personnel, and district administrators. (ISSN: 1534-9799) What he really wanted was to commit young boy had been found in a satisfaction. “The Franks murder mys- the “perfect” crime, a crime in which he swamp. He refused to go to the morgue tery has been solved,” he said, “and would collect ransom after kidnapping to look at the body, but finally agreed the murderers are in custody. Nathan a young person and escape detection by to send a family member, who came Leopold and Richard Loeb have com- murdering the kidnapped victim and back with the horrible news that it was pletely and voluntarily confessed.” hiding the body where it would not be Bobby’s body. And with great confidence he said: “I discovered. Loeb managed to persuade With Bobby’s death known, the have a hanging case.” his friend Leopold to help him create plot to collect ransom collapsed. But and carry out such a plan. for eight days, the identity of the killers Darrow for the Defense After at least two months of plan- was unknown. Then suddenly the News of the confessions created a ning, Loeb and Leopold decided to pieces of the puzzle came together. storm of publicity and excitement. The carry it out. On May 21, they got into a The police located the company that Hearst papers printed a confession car, which they had rented under a had sold the eyeglasses found near the “extra” and claimed that they distrib- false name, and cruised a street near crime site. The company had kept care- uted 100,000 copies within 10 minutes. the Harvard school, where wealthy ful records, and after searching 54,000 The papers cried for blood: “Never has parents sent their children. It was late records in the company’s files, the po- public opinion in Chicago been at such afternoon and a 14-year-old student, lice discovered that the glasses had a white heat of indignation.” And they named Bobby Franks, was walking been sold in November 1923 to a per- demanded action right away. The Her- home. Leopold and Loeb pulled over to son named Nathan Leopold. At 2:30 ald and Examiner called for an imme- the curb and persuaded Bobby to climb p.m. on May 29, the police went to diate resolution of the case. The case, it into the car. Two minutes later Bobby Leopold’s house and took him in for editorialized, “should not be allowed had been hit four times on the head questioning. He acknowledged that the to hang on . . . . Every consideration of with a chisel, thrown onto the floor, glasses belonged to him. He told the public interest demands that it be car- and suffocated to death. The killers police that he often walked near Wolf ried through to its end at once.” With- then drove into marshlands around Lake to do birdwatching, and the out dissent, the newspapers reported Wolf Lake, a place where Leopold that public opinion demanded the often went birdwatching. They Two minutes later Bobby death penalty. stripped off Bobby’s clothes, poured The families moved quickly to find hydrochloric acid on his body, and had been hit four times legal help. The day after the confes- stuffed it into a drainpipe. They then on the head with a chisel, sions were announced, Loeb’s brother called the Franks’ house, telling Mike went to the state attorney’s office Bobby’s mother that her son had been thrown onto the floor, and with an attorney named Benjamin kidnapped, he was safe, and further in- suffocated to death. Bachrach to find out where the accused structions would follow. boys were being held. A well-schooled The next day, Mr. Franks received a glasses had probably fallen out of his criminal lawyer, Bachrach had success- ransom note, sent by special delivery, breast pocket when he stumbled. The fully defended a number of gangsters. stating that if he put $10,000 in old $20 police questioned Leopold about That same night Loeb’s uncle Jacob and $50 bills into a cigar box and de- where he had been on the day of the went to the apartment of an attorney livered it as instructed, Bobby would murder. At first, he said he could not named Clarence Darrow, pleading with be safely returned in six hours. But remember, but then began to tell a him to represent his nephew, Leopold. that didn’t happen, because the perfect story of hanging out with his friend With desperation, Loeb’s uncle said: crime had gone wrong. Richard Loeb. The police picked up “Get them a life sentence instead of Loeb and began questioning him in a death. That’s all we ask.” Glasses Foil the Crime different room. At first, Loeb said he In 1924, Clarence Darrow was best A day after the murder, a workman couldn’t remember where he had been known for defending labor unions and walking near Wolf Lake saw two feet on the day of the murder, and then he strikers. His public image, in the words sticking out of a drain pipe close to the began talking. The two boys were of one author, “was a defender of the railroad tracks. He yelled for help, and telling different stories, but after more underdog, a devil’s advocate, a man another group of workmen joined him. than 12 hours of questioning, both who stood perpetually opposed to the Together they pulled out the body of confessed to having together organized great and powerful of the earth.” He Bobby Franks and called the police. and carried out the murder. Their sto- certainly was not accustomed to repre- One of the workers noticed a pair of ries had one major difference: Each senting wealthy and powerful families. glasses nearby and handed those to the said that the other one had actually But he was passionately opposed to police. Bobby Franks’ father had been killed Bobby Franks. capital punishment, and he saw the waiting to hear from the kidnappers, At 6 a.m., the state’s attorney, Leopold-Loeb case as a chance to certain that the kidnappers would not Robert Crowe, came out of his office to strike a blow against the death penalty. harm his son. At first, he paid no at- address the gathered crowd of reporters. Darrow went to work immediately tention to the news that the body of a He was exhausted but beaming with and hired three of the most eminent

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(c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) psychiatrists in the country to examine the court with its horror and cold- the boys and explain their medical con- bloodedness. Darrow stipulated to the dition. On June 11 (the day that facts and chose not to cross-examine Richard Loeb turned 19), the defen- any witnesses. The evidence presented dants appeared in court and pleaded by the defense was the testimony of not guilty to the charges against them, the eminent psychiatrists who had ex- murder and kidnapping. Trial was set amined Loeb and Leopold while they for August 4, with all motions to be were in jail. The defense also presented filed on July 21. When that day ar- various other medical specialists, in- rived, the boys entered the courtroom cluding neurologists and endocrinolo- carefully groomed and dressed in dark gists, who testified to various suits. Judge John R. Caverly called the metabolic abnormalities that affected courtroom to order, and Darrow began the boys’ mental condition. a lengthy statement about the facts of At the closing arguments, one of the crime as set forth in the defendants’ the state’s three attorneys boomed out confession. He acknowledged that with passion: “You have before you given the facts of the crime, the boys one of the most cold-blooded, cruel, should not ever be released and should cowardly, dastardly murders that was

be “permanently excluded from soci- ever tried in the history of any court.” Commons Wikimedia ety.” He then exploded an unexpected It was then time for Darrow’s closing The mugshots of Leopold (top) and Loeb bombshell. After long reflection, he argument, the demanding task of per- when they entered the Illinois State Peni- said, we have decided to move the suading the judge to spare the boys tentiary to begin serving their sentences. court to withdraw the defendants’ plea from hanging. of not guilty and enter a plea of guilty. Darrow’s argument began at 2:30 If not money, then what was their No one had anticipated a guilty on Friday, August 22. Crowds rushed motive? And if they had no motive, plea; everyone was in shock and re- to the courthouse to hear him speak. then why did they commit the crime? porters raced for the door. But Darrow’s Judge Caverly had to battle his way The defense had offered the testi- goal was simple: to avoid a jury trial. If through the mob to get into the court- mony of many psychiatrists and other the defendants pleaded not guilty by room. Finally, Darrow rose to speak. physicians who had examined the reason of insanity, the law required a His argument rested on two points: (1) boys. But in his closing argument, Dar- jury trial. And Darrow believed that disproving the state’s claim that the row did not rely on the science of men- public opinion was so inflamed that no boys’ motive in kidnapping and killing tal health. Yes, he said, nothing jury would accept insanity as a defense. Bobby Franks was to collect $10,000, happens without a cause. And the boys But he had hope that with the judge and (2) convincing the judge that since did suffer some defects, perhaps de- making the decision, he might be able there was no motive, the boys were fective nerves. But he, in effect, dis- to obtain mercy for his clients. He driven by diseased minds that they missed the experts’ testimony: “I want planned to introduce evidence of the could not control. to say, your honor, that you may cut mental condition of his clients “to show On the issue of motive, Darrow did out every expert in this case . . . you the degree of responsibility they had” as not — and could not — dispute the ev- may decide this case on the facts as grounds for mitigating the sentence. idence that the state had presented of they appear here alone; and there is no “With that,” he concluded, “we throw the intricate plan the boys had con- sort of question that these boys were ourselves upon the mercy of this court cocted to collect money from the mentally diseased.” — and this court alone.” Franks family. But Darrow reminded the “I know it is something,” he said, judge that evidence had also been pre- “and it must have been something be- A Crime Without a Motive sented that the boys had plenty of cause without a motive the boys can- The trial began on July 23, 1924. money: Loeb had a $3,000 checking ac- not be held to blame. . . . Without (a Three hundred people — 200 of whom count, and Leopold had a monthly al- motive) it was the senseless act of im- were reporters from all over the coun- lowance of $125, got money from his mature and diseased children, wan- try — packed Judge Caverly’s court- parents whenever he wanted it, and had dering around in the dark and moved room. There were 70 seats set aside for arranged to go to Europe and bought his by some emotion that we still perhaps the public, which were hotly contested ticket before he was arrested. have not the knowledge or the insight for each day. The trial — which tech- “And yet,” Darrow said, “they mur- into life to thoroughly understand.” nically was a hearing for mitigation of dered a little boy against whom they the sentence because of the guilty had nothing in the world, without mal- A Plea for Mercy pleas — lasted just over a month. Even ice, without reason, to get $5,000 each. Darrow’s closing argument lasted though guilt was no longer an issue, All right, all right, your honor, if the 12 hours over three days. In pleading the state called 102 witnesses to con- court believes it, if anyone believes it, for life and against the death penalty, firm the facts of the crime and impress I can’t help it.” he emphasized the boys’ youth. He

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(c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) Excerpts From the Closing Arguments Defense Attorney Clarence Darrow Prosecutor Robert Crowe 1 [N]either the parents, nor the friends, nor the attorneys would 1 I would suggest that if they want mercy and charity they 2 want these boys released . . . . [T]hose the closest to them 2 practice a little bit of it. Treat them with kindness and 3 know perfectly well that they should not be released, and that 3 consideration? Call them babes, call them children? Why, 4 they should be permanently isolated from society. We have 4 from the evidence in this case they are as much entitled 5 said it and we mean it. We are asking this court to save their 5 to the sympathy and mercy of this court as a couple of 6 lives, which is the last and the most that a judge can do. 6 rattlesnakes, flushed with venom, coiled and ready to 7 ... 7 strike. They are entitled to as much mercy at the hands 8 How insane they are I care not, whether medically or legally. 8 of your honor as two mad dogs are entitled to, from the 9 They did not reason; they could not reason; they commit- 9 evidence in this case. 10 ted the most foolish, most unprovoked, most purposeless, 10 They are no good to themselves. The only purpose that 11 most causeless act that any two boys ever committed . . . . 11 they use themselves for is to debase themselves. They 12 ... 12 are a disgrace to their honored families and they are a 13 What is [the state attorney’s] idea of justice? He says to this 13 menace to this community. The only useful thing that re- 14 court . . . “Give them the same mercy that they gave to 14 mains for them now in life is to go out of life and go out 15 Bobby Franks.” Is that the law? Is that justice? Is this what 15 of it as quickly as possible under the law. 16 a court should do? Is this what a state’s attorney should do? 16 ... 17 For God’s sake, if the state in which I live is not kinder, more 17 Having taken into consideration everything that the doc- 18 human, more considerate, more intelligent than the mad act 18 tors for the defense had testified to, having taken into 19 of these two mad boys, I am sorry I have lived so long. 19 consideration everything contained in the Hulbert report, 20 ... 20 Dr. Church, Dr. Patrick, Dr. Singer and Dr. Krohn said that 21 Dick and Nathan . . . see the Franks boy, and they call to him 21 there was absolutely nothing to indicate mental disease 22 to get into the car. It is five o’clock in the afternoon, on a 22 in either one of these defendants. 23 thickly settled street, the houses of their friends and their 23 ... 24 companions; known to everybody, automobiles on the 24 No person in all this broad land who knew these two de- 25 street, and they take him in the car — for nothing. If there 25 fendants ever suspected that they were mentally dis- 26 had been a question of revenge, yes; if there had been a 26 eased until after Bachrach and Darrow were retained to 27 question of hate, where no one cares for his own fate, in- 27 defend them in a case where they had no escape on the 28 tent only on accomplishing his end, yes. But without any 28 facts. If I had taken them into custody on the 20th day of 29 motive or any reason picking up this little boy right in sight 29 May and attempted to have them committed to an insane 30 of their own homes, surrounded by their neighbors. They 30 asylum Mr. Darrow would have been here, their families 31 drive a little way on a populous street, where everybody 31 would have been here, and all the doctors they could 32 could see, where eyes might be. 32 hire; and there would be only one crazy man in the court- 33 ... 33 room, and that would be the state’s attorney. 34 There is not a sane thing in all of this from the beginning to 34 ... 35 the end. There was not a normal act in any of it, from its in- 35 Would it be possible in this case, if this crime had not 36 ception in a diseased brain, until today, when they sit here 36 been committed, to persuade any reasonable authority 37 awaiting their doom. But they say they planned. Well, what 37 to commit either to an asylum as insane? 38 does that mean? A maniac plans, an idiot plans; an animal 38 . . . 39 plans; any brain that functions may plan, but their plans 39 It was not for the thrill or the excitement. The original 40 were the diseased plans of a diseased mind, of boys. 40 crime was the kidnaping for money. The killing was an af- 41 ... 41 terthought, to prevent their identification, and their sub- 42 What do they want? Tell me, is a lifetime for the young spent 42 sequent apprehension and punishment. He said he did 43 behind prison bars — is that not enough for this mad act? 43 not anticipate the killing with any pleasure. It was merely 44 And is there any reason why this great public should be re- 44 necessary in order to get the money. Motive? “The killing 45 galed by a hanging? 45 apparently has no other significance” — now, this is not 46 ... 46 my argument, your honor, but in their own report, their 47 And for what? Because the people are talking about it. 47 own evidence . . . “The killing apparently has no other 48 Nothing else. Just because the people are talking about it. 48 significance than being an inevitable part of a perfect 49 It would not mean, your honor, that your reason was con- 49 crime in covering one possible trace of identification.” 50 vinced. It would mean in this land of ours, where talk is 50 . . . 51 cheap, where newspapers are plenty, where the most im- 51 That is the motive for the murder, self-preservation, the 52 mature expresses his opinion and the more immature the 52 same as a thief in the night in your house, when suddenly 53 harder it is that a court couldn’t help feeling the great pres- 53 surprised, shoots to kill. Why? He did not go into your 54 sure of public opinion . . . . 54 house to kill; he went in to rob. The killing had no signif- 55 55 icance, except he did not want to be apprehended; the 56 56 desire, the urge of self-preservation. And that is the only 57 57 significance that the murder in this case has. 58 58 59 59 60 60

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(c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) stated that no one in Chicago had ever Life, Not Death ing as an X-ray technician in the prison been sentenced to death who was After two weeks, Judge Caverly hospital. He also volunteered to be under the age of 23 and who had returned to the courtroom to an- tested with an experimental malaria pleaded guilty. And, “I think I am safe nounce his decision. He acknowl- vaccine. In 1958, after 34 years of con- in saying — that never has there been edged the considerable amount of finement, he was released from prison. such a case in the state of Illinois.” Why testimony concerning the defendants’ He moved to , where he then, asked Judge Caverly, is the state earned a master’s degree, taught math- mental and emotional conditions, but demanding the death penalty? Yes, Dar- ematics, and worked in hospitals and said that absent legislative guidelines, row said, children were hanged in days church missions. He died in 1971, at his decision would not be affected long past. But to send these boys to the age 66. gallows would be turning your face to- by it. And he acknowledged that the ward the past. By saving these boys case was one of “singular atrocity” DISCUSSION & WRITING lives, you will make it and had been carefully planned and 1. Describe the crime in this case. easier for every human being with executed “with every feature of What was the prosecution’s theory an aspiration and a vision and a callousness and cruelty.” Though of why the crime occurred? What hope and a fate. I am pleading for “the path of least resistance” would was the defense’s theory? the future; I am pleading for a time be to impose the death penalty, the 2. Why did the case draw so much when hatred and cruelty will not judge announced that the punish- press attention? How do you think control the hearts of men. When we ment would be life imprisonment, the publicity affected the case? can learn by reason and judgment rather than death. In making that de- Why is it important that judges and and understanding and faith that all cision, he said, he was “moved juries not be influenced by public- life is worth saving, and that mercy chiefly by the consideration of the ity and public opinion? is the highest attribute of man. age of the defendants, boys of 18 3. Why did the defense plead guilty? When Darrow finished his closing and 19 years.” The defendants will What decision did the judge have argument, there were tears in his eyes not be put to death by hanging, “but to make in the case? and tears on the judge’s face. And the to the offenders, particularly of the 4. The day after Leopold died in 1971, courtroom was silent for two minutes. type they are, the prolonged suffer- the Chicago Sun Times editorial- Darrow’s argument did not change ing of years of confinement may well ized that Leopold’s life in prison, the state’s position. In his rebuttal ar- be the severest form of retribution and after, was “a clear case of re- gument, the state’s lead attorney and expiation.” habilitation. And it clearly argues Robert Crowe insisted that if the case The boys were sent to the state against the death penalty even for had been tried by a jury, it would have penitentiary. In 1936, Loeb was killed heinous crimes, for no one can rea- fixed the punishment as death — and in a fight with another inmate. Leopold sonably say that Society would if not, everyone would believe that the managed to keep intellectually active, have benefitted more by Leopold’s verdict “was founded in corruption.” teaching in a prison school and work- execution.” Do you agree? Explain. Crowe insisted that the boys’ motive was indeed money. “All the way ACTIVITY through this unusual crime runs money, money, money,” he claimed. Life or Death? And these defendants are not entitled Imagine that you are living in 1924 and are in charge of writing editorials for to mercy. “They are as much entitled a major U.S. newspaper. You are going to write a 200–400 word editorial on to sympathy and the mercy of this what the sentence for Leopold and Loeb should be. Your editorial should: court as a couple of rattlesnakes 1. State a clear position on whether they should get the death penalty or a life flushed with venom, coiled, ready to sentence. strike.” Crowe finished his argument 2. Give reasons for your position. Cite evidence supporting your position from warning the judge not to follow the article and from the Excerpts From the Closing Arguments. Clarence Darrow’s philosophy of life, 3. Specifically address and offer counterarguments to the arguments made by because by doing so, “a greater blow the side you disagree with in the case. (These arguments appear in the ar- had been struck to our institutions ticle and in the Excerpts From the Closing Arguments.) than a hundred, yes, a thousand mur- 4. Be well-organized and use proper grammar and spelling. ders.” With that, after 32 days, the hearing in mitigation of the boys’ guilty plea was adjourned. Electronic-only Edition of Bill of Rights in Action Sign-up or switch to an electronic-only subscription. Your copy of Bill of Rights in Action will arrive much sooner — as much as two to three weeks before the printed issue. Sign up today at: www.crf-usa.org/bria

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(c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) Standards Free Exercise of Religion National High School Civics Standard 2: Understands the essential characteristics Leopold and Loeb of limited and unlimited governments. (5) Knows essential political freedoms National High School Civics Standard 18: Understands the role and importance of (e.g., freedom of religion, speech) and economic freedoms . . . and under- law in the American constitutional system and issues regarding the judicial protec- stands competing ideas about the relationships between the two . . . . tion of individual rights. (2) Knows historical and contemporary practices that National High School Civics Standard 11: Understands the role of diversity in Ameri- illustrate the central place of the rule of law (5) Understands how the indi- can life and the importance of shared values, political beliefs, and civic beliefs in an vidual’s rights to life, liberty, and property are protected by the trial and increasingly diverse American society. (1) Knows how the racial, religious, so- appellate levels of the judicial process and by the principal varieties of law cioeconomic, regional, ethnic, and linguistic diversity of American society . . . . (7) Understands the importance of an independent judiciary in a con- has influenced American politics through time. stitutional democracy. National High School U.S. History Standard 8: Understands the institutions and National High School Civics Standard 25: Understands issues regarding per- practices of government created during the Revolution and how these elements sonal, political, and economic rights. (1) Understands the importance to were revised between 1787 and 1815 to create the foundation of the American politi- cal system based on the U.S. Constitution and the Bill of Rights. (3) Understands individuals and to society of personal rights such as . . . the right to due the Bill of Rights and various challenges to it (e.g., . . . recent court cases process of law . . . . involving the Bill of Rights). National High School U.S. History Standard 22: Understands how the United States changed between the post–World War I years and the eve of the Great Depression. National High School U.S. History Standard 31: Understands economic, social, and cultural developments in the contemporary United States. (3) Understands how (1) Understands the major social issues of 1920s America . . . . the rise of religious groups and movements influenced political issues in Common Core Standard RH.11–12.3: Evaluate various explanations for actions or contemporary American society (e.g., . . . how Supreme Court decisions events and determine which explanation best accords with textual evidence, ac- knowledging where the text leaves matters uncertain. since 1968 have affected the meaning and practice of religious freedom). Common Core Standard W.11–12.1. Write arguments to support claims with clear rea- California History-Social Science Standard 11.3: Students analyze the role religion played in the founding of America, its lasting moral, social, and political impacts, sons and relevant evidence. and issues regarding religious liberty. (5) Describe the principles of religious Common Core Standard W.11–12.4: Produce clear and coherent writing in which the liberty found in the Establishment and Free Exercise clauses of the First development, organization, and style are appropriate to task, purpose, and audi- ence. Amendment, including the debate on the issue of separation of church and state. Common Core Standard RH.11–12.8: Evaluate an author=s premises, claims, and evi- California History-Social Science Standard 12.5: Students summarize landmark U.S. dence by corroborating or challenging them with other information. Supreme Court interpretations of the Constitution and its amendments. (1) Un- Great Qing Code derstand the changing interpretations of the Bill of Rights over time, in- cluding interpretations of the basic freedoms (religion, . . .) articulated in National High School World History Standard 30: Understands transformations in Asian societies in the era of European expansion. (4) Understands the cultural, the First Amendment and the due process . . . clauses of the Fourteenth economic, and social structure of China during the period of European Amendment. commercial expansion (e.g., cultural and economic achievements of the Common Core Standard RI.11–12.8: Delineate and evaluate the reasoning in seminal Chinese during the reigns of the Kangzi and Qianlong emperors; . . . as- U.S. texts, including the application of constitutional principles and use of legal rea- soning (e.g., in U.S. Supreme Court majority opinions and dissents) . . . . pects of life of the elite in China; the family and its role in Chinese soci- ety). Common Core Standard SL.11–12.1: Initiate and participate effectively in a range of collaborative discussions . . . with diverse partners on grades 11–12 topics, texts, and National High School World History Standard 34: Understands how Eurasian so- issues, building on others= ideas and expressing their own clearly and persuasively. cieties were transformed in an era of global trade and the emergence of Common Core Standard RH.11–12.1: Cite specific textual evidence to support analysis European power from 1750 to 1870. of primary and secondary sources, connecting insights gained from specific details (5) Understands China’s relations with Western countries. . . . to an understanding of the text as a whole. National High School World History Standard 36: Understands patterns of Common Core Standard RH.11–12.8: Evaluate an author=s premises, claims, and evi- global change in the era of Western military and economic domination dence by corroborating or challenging them with other information. from 1800 to 1914. (13) Understands significant political events in 20th- Common Core Standard WHST.11–12.4: Produce clear and coherent writing in which century China. . . . the development, organization, and style are appropriate to task, purpose, and au- dience. California History-Social Science Standard 7.3: Students analyze the geographic, po- litical, economic, religious, and social structures of the civilizations of China in the Common Core Standard WHST.11–12.9: Draw evidence from informational texts to Middle Ages. (3) Analyze influences of Confucianism and changes in Confu- support analysis, reflection, and research. cian thought during the Song and Mongol periods. (6) Describe the devel- Standards reprinted with permission: opment of the imperial state and the scholar-official class. Common Core Standard RH.6–10.1: Cite specific textual evidence to support analysis National Standards © 2000 McREL, Mid-continent Research for Education of primary and secondary sources . . . . and Learning, 2550 S. Parker Road, Ste. 500, Aurora, CO 80014, (303)337.0990. Common Core Standard SL.9–10.1: Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse part- California Standards copyrighted by the California Dept. of Education, P.O. ners on grades 9-10 topics, texts, and issues, building on others= ideas and express- Box 271, Sacramento, CA 95812. ing their own clearly and persuasively.

Constitutional Rights Foundation is a non-profit, non-partisan educational organization committed to helping our nation’s young people to become active citizens and to understand the rule of law, the legal process, and their constitutional heritage. Established in 1962, CRF is guided by a dedicated board of directors drawn from the worlds of law, business, government, education, and the media. CRF’s pro- Constitutional gram areas include the California State Mock Trial, youth internship programs, youth leadership and Rights civic participation programs, youth conferences, teacher professional development, and publications Foundation and curriculum materials. Officers: Robert S. Stern, Board Chair; Publications Committee: K. Eugene Shutler, Chair; Douglas A. 601 South Kingsley Drive Thompson, Vice Chair; Louis E. Kempinsky, L. Rachel Lerman, Kevin C. Mayer, Patrick G. Rogan, Peggy Los Angeles, CA 90005 Saferstein, Hon. Marjorie Steinberg, Gail Migdal Title. 213.487.5590 • F 213.386.0459 Staff: Marshall Croddy, President; Lucy Eisenberg, Damon Huss, Carlton Martz, Writers; Bill Hayes, [email protected] Editor; Andrew Costly, Sr. Publications Manager; Dr. Peg Hill, Co-Director, California Three Rs Project, www.crf-usa.org College of Education-ELC (retired), CSU, San Bernardino, special reviewer for “The Free Exercise of Religion”; K. Eugene Shutler, Board Reviewer.