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bria_29_1:Layout 1 10/22/2013 4:56 PM Page 1 Bill of Rights Constitutional Rights in Action Foundation FALL 2013 Volume 29 No 1 PURITAN : OR ? IN THE , ENGLISH IN MASSACHUSETTS COLONY CRE- ATED A SELF- THAT WENT FAR BEYOND WHAT EXISTED IN . SOME HISTORIANS ARGUE THAT IT WAS A RELIGIOUS GOVERNMENT, OR THEOCRACY. OTHERS CLAIM IT WAS A DEMOCRACY. In 1534, King Henry VIII of England broke with the Roman and established the (the Angli- can Church). This Protestant church rejected the authority of the

Catholic Pope but kept many prac- Wikimedia Commons JOHN F. PARAMINO’S Relief sculpture is the Founders Memorial in , Massachusetts. tices of Roman Catholicism, such It shows Boston’s first resident, William Blackstone, greeting . as worship rituals, many sacra- ments (sacred customs such as was over the afterlife and how one signs of their salvation (being ), and who gov- was saved from the fires of hell. saved), such as success in life or an erned the church. The Anglican Church taught that a appearance of godliness. The An- By 1600, a growing group of believer in Christ had to follow glican Church, however, rejected Anglican Church members, or An- church teachings and Calvin’s teaching. glicans, thought their church was in order to be saved. Most Puritans, The Puritans gathered in differ- too much like the , however, adopted the teachings of ent groups and made a covenant which they condemned as a false , a major leader of the (formal agreement) with God to church. Many Anglicans were Protestant in Europe. obey his will as revealed in the called Puritans because they Calvin taught that God alone . In these “covenant commu- wanted to purify the church and chose or elected those who would nities,” they focused on Bible read- make it simpler. receive salvation and those who ing, preaching, and following A key difference between the would not. The Puritans believed God’s biblical laws. Puritans and the other Anglicans God would give them outward Errand into the Wilderness Back in England, the Puritans GOVERNANCE were increasingly troubled that so This edition of Bill of Rights in Action focuses on governance. The first article exam- many people did not follow God’s ines self-government in the Colony. The second article reviews Cleopatra’s means of restoring the dynasty of the Ptolemies. The final article presents laws as written in the Bible. The connections between the U.S. and the first state . Puritans feared that God would U.S. History: Puritan Massachusetts: Theocracy or Democracy? punish England. They also suffered World History: Who Was the Real Cleopatra? under the rule of King Charles I U.S. History: How the First State Constitutions Helped Build the U.S. Constitution who ignored English liberties and enforced the Anglican religion. Next Issue of Bill of Rights in Action Will Be Available Only Electronically (see page 16) U.S. HISTORY

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Born in 1588, John Winthrop Thus, Winthrop described the Individuals had to testify before the was the son of a large landowner. Puritans’ main mission to Massa- congregation and attempt to prove He attended college at Cambridge chusetts Bay as setting an example that they had been elected by God and managed his father’s lands. He of “godly rule.” Those left behind for salvation. According to the Pu- also studied law and became a in England would see God’s will at ritans, those who failed this test or minor legal official of the king. At work, follow God’s laws, and be refused to apply for church mem- about the time he married in 1605, saved. Later, Puritans called this bership were destined for hell. he got caught up in the Puritan their “errand into the wilderness.” movement. The General Court In 1629, King Charles granted a The The first government in the charter to a group of merchants On 12, 1630, after a two- colony was set up according to the who wanted to establish a trading month voyage aboard four ships, the charter of the in . The char- Puritans landed at Salem in the Mas- Company. Only about a dozen ter formed the Massachusetts Bay sachusetts Bay Colony. At this time, company stockholders, including Company. Most of the stockhold- Salem was a poor settlement of huts Winthrop, came to the colony on ers, including John Winthrop, crowded between the sea and thick the first voyage. Under the com- were Puritans. forest. Winthrop, however, pany’s charter, they were desig- At an organizational meeting, decided to establish a new , nated “freemen,” and only they the stockholders voted to transfer named Boston that soon became the were permitted to vote for govern- the company itself to the Massa- capital of the colony. ment officers. chusetts Bay Colony. They also At their first meeting in made as its main purpose a place The Puritans in 1630, the stockholder freemen con- for Puritans to live under “godly firmed Winthrop as governor, rule.” Finally, they elected John Massachusetts Bay chose a deputy governor, and se- Winthrop as governor of the lected seven assistants to enact the colony. Under the king’s charter, believed in a colony’s laws. The assistants also the company stockholders had the acted as the colony’s judges and sole authority to create a govern- separation of church the highest court of appeals. Thus, ment for the colony. the nine company officers were In 1630, shortly before the first and state, but not also the colony’s government, group of about 400 Puritans sailed called the General Court. to America, Winthrop delivered a a separation of the In , the nine officers speech that spelled out their reli- held their first General Court. Gov- gious mission. He placed great em- state from God. ernor Winthrop urged that the pub- phasis on the need for everyone to lic be invited. Winthrop convinced unify and help one another for the The Puritans first focused on the other officers to declare all “common good.” establishing their churches. A those adult males present as Winthrop also described a spe- group gathered together to form a freemen. The new freemen were al- cial covenant between the Puritans “covenant community,” pledging lowed to vote their consent for the and God to advance God’s will in to obey God’s laws. Every gather- seven assistants who then selected the colony. Winthrop said they ing, called a congregation, elected the governor (Winthrop again) and would live together to “work out our its own minister and decided its his deputy. Winthrop believed that salvation under the power and pu- own church rules. Thus, each Con- the government should be based rity of His holy ordinances [laws].” gregational Church was independ- on the consent (full agreement) of But, most importantly, Winthrop ent and self-ruling, unlike the the governed. said they would create a model for Anglican Church with its governing The October General Court an uncorrupted church and godly bishops. One disadvantage of this ended by inviting any other adult society. He borrowed a phrase from was the possibility males to apply for “freemanship.” the Bible: “we shall be a upon of division. This could threaten the At the General Court the next year, a Hill.” If this undertaking were to colony’s unity that Winthrop over 100 men took the oath to be- fail, he warned, many would speak thought was so important. come new freemen with the right to evil of God, and the colony “shall Becoming a member of a Con- elect the assistants. The General surely perish.” gregational Church was not easy. Court passed a law, however,

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restricting future freemanship and the right to vote only to Congrega- tional Church members in order to guarantee a “godly” government. Perhaps the first tax revolt in occurred in 1631 when members of the Congrega- tional Church in Watertown near Boston protested a tax to build for- tifications to protect the colony. The Watertown minister and con- gregation objected when the Gen- eral Court enacted the tax without the consent of the people. Governor Winthrop calmed the revolt. He pointed out that all freemen now had the right to elect Wikimedia Commons/Brooklyn Museum the General Court assistants. How- was a Quaker and supporter of . In 1660, Dyer was executed ever, the General Court in 1632 or- on Boston Commons for disobeying Puritan anti-Quaker laws. dered each town to choose two representatives to discuss their views about taxes with the gover- Winthrop became embroiled in Church and State nor and assistants. another General Court controversy. The Puritans in Massachusetts In that same year, the General In 1642, he agreed with the General Bay believed in a separation of Court authorized all freemen pres- Court assistants that they should church and state, but not a separa- ent to directly elect the governor have a “negative voice,” which is a tion of the state from God. The and deputy governor. But the Gen- veto over laws approved by the Congregational Church had no for- eral Court assistants still held the town deputies. “If the negative mal authority in the government. power to make all laws. voice was taken away,” he warned, Ministers were not permitted to In 1634, the newly empowered “our government would be a mere hold any government office. Never- freemen at the General Court de- democracy.” theless, the Puritans expected the manded to see the Massachusetts Winthrop typically preferred government to protect the Church Bay Company charter. The freemen compromise to resolve differences. by punishing , including blas- discovered that the lawmaking He finally proposed that both the as- phemy (cursing God), (false power was granted to all freemen, sistants and deputies must get each religious beliefs), and adultery. not just the assistants. other’s consent for a law to pass. , a Puritan minister, Governor Winthrop argued This was an early kind of “check further explained the nature of Pu- against the new freemen partici- and balance” that later became a ritan government. Cotton wrote pating in the lawmaking process. major part of the U. S. Constitution. that the Bible approved govern- Electing the General Court officers In 1644, the assistants and deputies ments led by kings or an aristoc- should be enough, he said. He agreed to separate the General Court racy of the best people, but it did claimed that having a large number into a two-house legislature. not approve democracy. Cotton of freemen passing the laws would Non-church members could pe- warned against the tendency of be impractical. tition the government, participate men to let power go to their heads. Eventually, Winthrop and the in town meetings, and, after 1647, “It is necessary, therefore, that all other General Court officers gave vote for town officers. They could power that is on earth be limited,” in. From 1634 on, the of the not vote for members of the Gen- he wrote. colony each elected freeman- eral Court. Massachusetts voters Puritan lawmaking touched all deputies to share power with the still made up a far larger percent of aspects of life. The General Court assistants to pass laws and approve the population than in England lawmakers set prices for goods and taxes. At first, the assistants and where social rank and property wages to control inflation. They deputies acted together in a single- ownership severely limited the peo- regulated the sale of alcohol and house legislature. ple’s right to vote. banned smoking and card playing.

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The Massachusetts Body of Liberties In 1636, they established , the first school of higher Below are seven excerpts from the numbered provisions of the “Massachu- learning in the American colonies. setts Body of Liberties.” Try to match the liberty in each excerpt with a similar In 1642, they required all parents to right found in one or more of the ten amendments of the U. S. Bill of Rights. teach reading to their children so 1. “No man’s life shall be taken away. . . nor in any way punished. . . [or] they could understand the Bible. no man’s goods or estate shall be taken away. . . unless it be by virtue As judges, the assistants formed of. . . some express law of the warranting the same. . . .” juries, conducted civil and criminal 8. “No man’s cattle or goods. . . shall be. . . taken for any public use. . . trials, and decided sentences for without such reasonable prices and hire as the ordinary rates of the those convicted of . Punish- country do afford. . . .” ments included fines, whipping, 18. “No man’s person shall be restrained or imprisoned. . . before the law confinement to stocks, banish- has sentenced him thereto, if he can put in sufficient security. . . for ment, and death. his appearance, and good behavior in the meantime. . . .” In the mid-1630s, Roger 26. “Every man that finds himself unfit to plead his own cause in any Williams openly preached Sepa- court shall have liberty to [use] any man against whom the court does ratist ideas, calling for the Puritans not except, to help him. . . .” to denounce the Anglican Church 29. “In all actions at law it shall be the liberty of the plaintiff and defen- as “anti-Christian.” He also argued dant by mutual consent to choose whether they will be tried by the that the colony’s government bench or by jury. . . . The like liberty shall be granted to all persons in should have no role at all in reli- criminal cases.” gious matters. Tried for what the 42. “No man shall be twice sentenced by civil justice for one and the colonial government called “dan- same , offense, or trespass.” gerous opinions,” he was banned 70. “All freemen called to give any advice, vote, verdict, or sentence in from the colony. He then estab- any court, council, or civil assembly shall have full freedom to do it lished the colony of according to their true judgments and consciences. . . .” that promoted religious freedom. Around the same time, Anne liberties but also reflect God’s laws. Decline of Puritan Power Hutchinson was tried for heresy In 1641, after several drafts, the By the , the Massachu- when she spoke out against the Pu- General Court accepted “The Mas- setts Bay government had evolved ritan belief in outward signs of sachusetts Body of Liberties,” con- from a company’s board of officers God’s salvation. One must look in- taining 98 provisions. to an elected representative system ward to find God’s “,” Most of document’s provisions based on the consent of the gov- she said. She was found guilty, ex- actually made up a bill of rights. erned. The Puritans accomplished communicated, and then banished Many of these provisions included this of the king and (sent away). She joined Williams in principles that later found their Parliament, and it was far ahead of Rhode Island. way into the U. S. Bill of Rights what existed in England. Over The Massachusetts Bay Puritans (see sidebar above). time, the Puritans grew to cherish opposed the idea of religious tolera- Other provisions went beyond their nearly complete independ- tion. In addition to Williams and our Bill of Rights. They declared ence from England. They also Hutchinson, they banned Catholics, equality before the law for all (in- tended to be skeptical about any Anglicans, , and cluding foreigners), and prohibited government, including their own. when they attempted to openly wor- wife-beating, , as well as After 1660, King Charles II and ship and preach. John Winthrop ap- cruelty to children, servants, and his brother James II, who succeeded proved the banishments, believing farm animals. Charles, tried to impose royal rule they were necessary to prevent dis- Another section listed twelve over Massachusetts Bay. A royal unity in the colony. death-penalty offenses based on court cancelled the colony’s charter, Body of Liberties the Bible, such as , resulting in strong political resist- premeditated murder, adultery, In 1635, the General Court’s ance and a rebellion in Boston. being a witch, and rebelling town deputies established a com- After William and Mary came against the state. In practice, how- mittee to prepare a written code of to the English throne in 1689, Mas- ever, the Puritans seldom used the laws for the colony. The code sachusetts finally agreed to a new death penalty. would include traditional English compromise charter. It kept the

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Sources General Court’s elected town DISCUSSION AND WRITING Puritans deputies who chose a Governor’s 1. According to John Winthrop, Bremer, Francis J. John Winthrop, America’s For- Council to replace the assistants. what was the main reason for gotten Founding Father. Oxford: , 2003. ∙ The Puritan Experiment: New Eng- But the king appointed the gover- the Puritans emigrating to Mas- land Society from Bradford to Edwards. Rev. ed. nor who could veto any law sachusetts Bay Colony? Hanover: University Press of New England, 1995. passed by the General Court. The ∙ Campbell, Donna M. “Puritanism in New Eng- 2. Explain the Puritan view of the land.” Literary Movements.∙Dept. of English, new charter also ended the re- relationship of church and Washington State University. 21 Mar. 2013. ∙ Cole, striction that limited voting only to state. Do you agree or disagree Garry Z. “John Calvin on Civil Government.” WRS Journal. Aug. 2009.∙1 2013 Congregational Church members with it? Why? and replaced it with a property- . ∙Hall, David D., ed. Puritans 3. In what ways do you think the in the : A Critical Anthology. rinceton, ownership requirement. N. J.: Princeton University Press, 2004. ∙ Reform- John Winthrop’s vision of “a city Puritan church and government ing People: Puritanism and the Transformation of influenced American democracy? Public ife in New England. New : Alfred A. upon a hill” faded after he and the Knopf, 2011. ∙ all, David W. The Genevan Refor- first generation of Puritan leaders mation and the American Founding. anham: Lex- died. Gradually, more non-Puritan For Further Reading ington Books, 2003. ∙ “Massachusetts Body of immigrants came to Massachusetts Bremer, Francis J. The Puritan Ex- Liberties.” Massachusetts Executive Office for Ad- periment, New England Society ministration and Finance. 2013. 3 May 2013 with interests and purposes other .∙ Morgan, Edmund S. The than religious ones. The king de- from Bradford to Edwards. rev. ed. Puritan Dilemma: The Story of John Winthrop. 2nd manded religious toleration for An- Hanover: University Press of New ed. ew York: Pearson Longman, 2006. ∙ Puritan England, 1995. Political Ideas, 1558-1794. Indianapolis: Bobs-Mer- glicans, Baptists, and Quakers. Some rill, 1965. ∙ Perry, Ralph Barton. Puritanism and saw Puritan “godly rule” as just an- Morgan, Edmund S. The Puritan Democracy. : Harper & Row, 1964. other kind of tyranny. Dilemma, The Story of John Cleopatra The Puritans’ religious mission, Winthrop. 2nd ed. New York: Pear- Burstein, Stanley M. The Reign of Cleopatra. West- “the errand into the wilderness,” port: Greenwood Press, 2004. ∙ Chauveau, Michel. son Longman, 2006. Egypt in the Age of Cleopatra. Ithaca: Cornell Uni- was largely unfulfilled. Nevertheless, versity Press, 2000. ∙ “Cleopatra.” Encyclopedia they developed important political Britannica. Encyclopedia Britannica Online. 2013. and legal ideas that contributed to 7 2013 . ∙ Roller, Duane W. Cleopatra, A Biography. Oxford: the founding of the Oxford University Press, 2010. ∙ Schiff, Stacy. more than a century later. Cleopatra, A Life. New York: Little, Brown and Co., 2010. ∙ Tyldesley, Joyce. Cleopatra, Last Queen of Egypt. New York: Basic Books, 2008. ACTIVITY State Constitutions Self-Government in Puritan Massachusetts “ Documents: 1700-1799.” The Avalon Project. 2008. Yale Law School Lillian Goldman Law Theocracy: a government under the rule of God and His laws Library. 7 July 2013. . (Contains text by them or their representatives of the first state constitutions.) ∙ Adams, Willi Paul. The First American Constitutions. Chapel Hill: Uni- Was the government in Puritan Massachusetts a theocracy, a democ- versity of Press, 1980. ∙ Connor, racy, or neither? George E. and Hammons, Christopher W., eds. The Constitutionalism of American States. Columbia: Form small groups to investigate, discuss, and decide this question. University of Missouri Press, 2008. ∙ Dodd, Walter. The Revision and Amendment of State Constitutions. 1. Each group will prepare two lists of evidence from the article. One list New York: Da Capo Press, 1970 [reprint from 1910]. of evidence will support the view that Puritan Massachusetts was a ∙ Friedman, Lawrence M. “State Constitutions in Historical Perspective.” The Annals of the Ameri- theocracy. The other list will support the view that it was a democracy. can Academy of Political and Social Science. 2. Each group will then discuss the two lists to see if one of them has 1988. No. 496: 33-42. ∙ Long, Breckenridge. Gene- the stronger evidence. The group may decide that both lists are sis of the Constitution of the United States of Amer- equal in strength. ica. New York: MacMillan Co., 1926. ∙ Maddex, Robert L. State Constitutions of the United States. 3. Finally, each group will decide how to answer the question above Washington: C. Q. Press, 2006. ∙ Morey, William C. and prepare to defend their answer before the class. “The First State Constitutions.” The Annals of the American Academy of Political and Social Science. Sept. 1893: No. 4:1-32. ∙ “No Religious Test Clause.” Wikipedia. 8 2013. 7 July 2013 Next Issue of Bill of Rights in Action Will Be . ∙ Schwartz, Bernard. The Great Rights of Mankind: A History of the Amer- Available Only Electronically! ican Bill of Rights. Expanded ed. Madison: Madison See page 16 for more information. House, 1992.

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Standards Puritan Massachusetts: Theocracy or Democracy? National High School U.S. History Standard 3: Understands why the attracted Europeans, why they brought enslaved Africans to their colonies and how Eu- ropeans struggled for control of North America and the . Understands social and economic characteristics of European in the 17th and 18th centuries (e.g., changing immigration and settlement patterns of Puritans…). National High School U.S. History Standard 4: Understands how political, religious, and social institutions emerged in the English colonies. Understands characteris- tics of religious development in colonial America (e.g., the presence of diverse religious groups and their contributions to religious freedom…the major tenets of Puritanism and its legacy in American society… Puritan objections to their ideas and behavior). Understands the similarities and differences in colonial concepts of community (e.g., Puritan’s covenant community…). Common Core Standard RH.11-12.1: Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific de- tails to an understanding of the text as a whole. Common Core Standard RH.6-8.1: Cite specific textual evidence to support analysis of primary and secondary sources. Common Core Standard SL.11-12.4: Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks. Common Core Standard SL.8.4: Present claims and findings, emphasizing salient points in a focused, coherent manner with relevant evidence, valid reasoning, and well-chosen details; use appropriate eye contact, adequate volume, and clear pronunciation. Who Was the Real Cleopatra? National High School World History Standard 3: Understands the major characteristics of and the development of in Mesopotamia, Egypt, and the Indus Valley. (3) Understands features of trading networks in Egypt. National High School World History Standard 8: Understands how Aegean civilization emerged and how interrelations developed among peoples of the Eastern Mediter- ranean and Southwest Asia from 600 to 200 BCE. (7) Understands how Egyptian society saw itself in relation to its gods and how attitudes towards women are indicated in representations of its goddesses. National High School World History Standard 9: Understand how major religious and large-scale arose in the Mediterranean Basin, , and from 500 BCE to 300 CE. (1) Understands shifts in the political framework of Roman society (e.g., major phases in the ’s expansion through the 1st century CE; how imperial rule over a vast area transformed Roman society, economy, and culture; the causes and consequences of the transition from to Em- pire under Augustus in Rome; how Rome governed its from the late Republic to the Empire...). Common Core Standard RH.6-8.8: Distinguish among fact, opinion, and reasoned judgment in a text. Common Core Standard RH.9-10.8: Assess the extent to which the reasoning and evidence in a text support the author’s claims. Common Core Standard WHST.6-8.1: Write arguments focused on discipline-specific content. (b) Support claim(s) with logical reasoning and relevant, accurate data and evidence that demonstrate an understanding of the topic or text, using credible sources. Common Core Standard WHST.9-10.1: Write arguments focused on discipline-specific content. (b) Develop claim(s) and counterclaims fairly, supplying data and evidence for each while pointing out the strengths and limitations of both claim(s) and counterclaims in a discipline-appropriate form and in a manner that anticipates the audience’s knowledge level and concerns. California History/Social Science Standard 6.2: Students analyze the geographic, political, economic, religious, and social structures of the early civilizations of Mesopotamia, Egypt, and Kush. (3) Understand the relationship between religion and the social and political order in Mesopotamia and Egypt. (6) Describe the role of Egyptian trade in the eastern Mediterranean and Nile valley. California History/Social Science Standard 6.7: Students analyze the geographic, political, economic, religious, and social structures during the development of Rome. (1) Identify the location and describe the rise of the , including the importance of such mythical and historical figures as……. (3) Identify the location of and the political and geographic reasons for the growth of Roman and expansion of the empire, including how the em- pire fostered economic growth through the use of currency and trade routes. (4) Discuss the influence of Julius Caesar and Augustus in Rome’s transition from republic to empire. How the First State Constitutions Helped Build The U. S. Constitution National High School U.S. History Standard 7: Understands the impact of the on politics, economy, and society. Understands the differ- ences among several state constitutions (e.g., various applications of 18th-century republicanism, such as virtue in government, balancing the interests of different social groups, service to the common good, representation, , judicial independence, and the legitimacy of slavery). National High School U.S. History Standard 8: Understands the institutions and practices of government created during the Revolution and how these elements 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. Un- derstands influences on the ideas established by the Constitution (e.g., the ideas behind the distribution of powers and the system of checks and balances…. Common Core Standard RH.11-12.1: Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from spe- cific details to an understanding of the text as a whole. Common Core Standard RH.6-8.1: Cite specific textual evidence to support analysis of primary and secondary sources. Common Core Standard SL.11-12.4: Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks. Common Core Standard SL.8.4: Present claims and findings, emphasizing salient points in a focused, coherent manner with relevant evidence, sound valid reasoning, and well-chosen details; use appropriate eye contact, adequate volume, and clear pronunciation. California History/Social Science Standard 8.3: Students understand the foundation of the American political system and the ways in which citizens participate in it. (1) Analyze the principles and concepts codified in state constitutions between 1777 and 1781 that created the context out of which American political institu- tions and ideas developed. California History/Social Science Standard 8.9: Students analyze the early and steady attempts to abolish slavery and to realize the ideals of the Declaration of Inde- pendence. (2) Discuss the abolition of slavery in early state constitutions. California History/Social Science Standard 11.1: Students analyze the significant events in the founding of the nation and its attempts to realize the philosophy of gov- ernment described in the Declaration of Independence. (2) Analyze…the debates on the drafting and ratification of the Constitution, and the addition of the Bill of Rights. Standards reprinted with permission: National Standards © 2000 McREL, Mid-continent Research for Education and Learning, 2550 S. Parker Road, Ste. 500, Aurora, CO 80014, (303)337.0990. California Standards copyrighted by the California Dept. of Education, P.O. Box 271, Sacramento, CA 95812.

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