Lesson Plan Outline s2

PROJECT TEACH -LESSON PLAN OUTLINE-

TEACHER: Kimberly Damcott SCHOOL DISTRICT: Millcreek Township School District

LESSON SUBJECT: Lincoln and the Constitution GRADE LEVEL: 7 TEACHING TIME: 1-2 hours

LESSON OBJECTIVES

BIG IDEAS: Presidential Power During Times of War

ESSENTIAL QUESTIONS: 1. How does the Constitution define Presidential power? 2. How does Presidential power during times of war affect the balance between order and liberty?

PA STATE STANDARDS: Pennsylvania Academic Standards for History 8.3.9 A-D

STUDENTS WILL KNOW… STUDENTS WILL BE ABLE TO… 1. Compare and contrast the use of OBJECTIVES: Presidential power during the Civil War 1. Presidential Power as defined in Article to today’s War on Terror using a Venn II of the Constitution. Diagram. 2. Specific examples of Lincoln’s expanding Presidential power during the Civil War.

PROCEDURAL SUMMARY

MATERIALS: 1. Presidential Power worksheet (see handout 1) 2. Political Cartoon (see handout 2) 3. Article on Bush Administration and wiretapping that is age-appropriate for students. The following article works well, but others may substitute nicely: Junior Scholastic. January 23, 2006/Vol. 108 No.11.

ANTICIPATORY SET: 1. (5 minutes) Students will respond to the following questions first individually and then with a partner: a. Can the President do whatever he wants? b. Are their any limits on Presidential Power? Discuss student responses, identifying the people and rule of law (Constitution) as limiting the President’s powers.

ACTIVATING PRIOR KNOWLEDGE: 1. (10 minutes) With a partner, students will brainstorm a list of rights that are protected in the Bill of Rights. Time students for 5 minutes and at the conclusion of the allotted time, have one partner record one identified right on the board. Review the master list with the class and identify the noted freedoms as “civil liberties” for students.

PROCEDURE: 1. (5 minutes) In partners, students will read Article II of the Constitution and make a list of what the President’s enumerated powers include. Students should record their responses on the Presidential Power worksheet (handout 1). 2. (10 minutes) Teacher Lecture-Burst on Presidential extensions of power during the Civil War. Include references to Emancipation Proclamation, declaration of martial law, and suspension of habeas corpus. Note: A more detailed lecture could be given to modify lesson for high school students. BACKGROUND TEACHER NOTES: I. Overarching Paradox- limit civil liberties to secure order A. Congress- did not reconvene until July 1861. In the meantime, President Lincoln declared martial law (after riot in Baltimore) and suspended writ of habeas corpus 1. Supreme Court Reaction- Chief Justice Taney ruled President had acted unconstitutionally in Ex parte Merryman (1861). Lincoln ignored the ruling B. During the Civil War- 1. Several thousand dissenters were jailed for disloyalty 2. Several hundred newspapers were suppressed 3. Emancipation Proclamation- Frees slaves in Confederate territory a. Some thought unconstitutional C. Rationale 1. Lincoln felt such actions were necessary in order to SAVE the Constitution 2. Republican radicals wanted more vigorous efforts to maintain order 3. (15 minutes) Students will analyze a political cartoon caricaturizing Lincoln’s writing of the Emancipation Proclamation (see handout 2). Ask students to individually identify the artist’s opinion of Lincoln’s writing the Emancipation Proclamation and to defend their answer with two facts from the drawing. When students have finished, have them share with a partner and then compare findings as a whole class. The instructor should note that Lincoln’s contemporaries were concerned with Lincoln’s expansion of Presidential power. Suggestion: The National Archives Cartoon Analysis Worksheet can be used to facilitate student analysis and can be found at the following web address: http://www.archives.gov/education/lessons/ BACKGROUND TEACHER NOTES: Volck was a Bavarian-born artist who attacks Lincoln’s writing of the Emancipation Proclamation. Notice the Constitution underfoot, the devil’s inkpot, and the art on the office walls depicting John Brown and Africans. 4. (10 minutes) As a class, students will read aloud a short article on the Presidential power under the Bush Administration since September 11, 2001. Possible article topics could include a discussion of the Patriot Act, current wiretapping without permits, and/or military tribunals. See suggested resource under materials list. 5. (5 minutes) Students will complete a Venn diagram with a partner comparing and contrasting Presidential power during the Civil War to during the current War on Terror (see handout 1). 6. (10 minutes) Individually, students will answer the follow up questions identifying their educated viewpoints on the subject of Presidential power during wartime (see handout 1). The instructor should be sure to allow for differences between student opinions; expect a variety of opinions regarding how students value the balance between order and liberty.

CLOSURE ACTIVITY: (5 minutes) Closure- As a class, students will review their Venn Diagrams and discuss the similarities and differences between presidential power during the Civil War to presidential power today. Instructor should explicitly define the differences while emphasizing the sacrifice of some civil liberties to maintain order during times of war. Handout 1 NAME: PERIOD: PRESIDENTIAL POWER DURING THE CIVIL WAR

LIBERTIES GUARENTEED IN THE BILL OF RIGHTS ______

LIMITS TO PRESIDENTIAL POWER What powers are given to the President in Article II Section 2 of the Constitution? With a partner, list as many as you can identify. Article. II.

Section 1. … Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.''

Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

1.______2.______3.______4.______

POLITICAL CARTOON: “Lincoln Writing the Emancipation Proclamation”

What is the artist’s opinion on Lincoln writing the Emancipation Proclamation? Include two facts from the drawing to support your answer. ______

COMPARE AND CONTRAST

EXPANDING PRESIDENTIAL POWERS

CIVIL WAR WAR ON TERROR

BALANCE BETWEEN ORDER AND LIBERTY Given what you have learned today, what do you think about the expansion of Presidential powers during times of war? For example: Under what circumstances is it okay? Should the President answer to anyone else? Does it depend on the issue? ______

Handout 2

POLITICAL CARTOON

”Writing the Emancipation Proclamation” Volck, Adalbert John. “Writing the Emancipation Proclamation.” Engraving. Baltimore, October 1862. As reproduced by “Mr. Lincoln and Freedom.” 2005. The Gilder Lehrman Institute. 23 March 2006. .