DOCUMENT RESUME ED 235 096 SO 015 026 AUTHOR Patrick, John J.; Remy, Richard C. TITLE Lessons on the COnstitution: Supplements to High School Courses in American Government and American History. INSTITUTION Indiana Univ., Bloomington. Social Studies Development Center.; Ohio State Univ., Columbus. Mershon Center. SPONS AGENCY American Historical Association, Washington, D.C.; American Political Science Association, Washington, D.C.; National Endowment for the Humanities (NFAH), Washington, D.C. PUB DATE Jun 82 NOTE 601p.; Prepared for "Project '87." PUB TYPE' Guides - Classroom Use - Guides (For Teachers) (052) EDRS PRICE MF03/PC25 Plus Postage. DESCRIPTORS Case Studies; Change Strategies; *Constitutional History; Constitutional Law; Court Litigationi Decision Making Skills; High Schools; Lesson Plans; Primary Sources; Reading Materials; *United States Government (Course); *United States History; Units of Study IDENTIFIERS Constitutional Processes; Supreme Court ABSTRACT Designed to be used in combination with standard high school textbooks in U.S. history and government, these lessonson the U.S. Constitution can be used singly or in varying combinations and most can be completed in one or two class meetings. Thereare five chapters. Chapter Iis an introduction for teachers. Chapter II includes lessons about the origins andpurposes of the U.S. Constitution. The third chapter contains lessons about principles of governmental organization and power in the Constitution. ChapterIV has lessons that feature formal and informalmeans of constitutional change. The fifth chapter contains 20 digests of landmark Supreme Court cases. Worksheets containing questions to help'students analyze the cases are provid d. Students are expected to read andanswer questions regardinghe lesson selections, which include short readings, case studi s, and primary source materials. Theyalso read and discuss books, vw films, and clarify their own decisions and analyze the decisions of others by filling ina chart known as the "decision tree." Each lesson contains materials for studentsand lesson plans and notes for the teacher. Lists of additional print and nonprint materials are also provided. (RM) *********************************************************************** Reproductions supplied by EDRS are the best thatcan be made from the original document. ********************************************************************** US DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) I.1 This document has been reproduced as received from the person or organization originating it. I Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this docu- ment do not i'ecessarily represent official NIE LESSONS ON position or policy. "PERMISSION TO REPRODUCETHIS THE CONSTITUTION MATERIAL HAS BEEN GRANTEDBY SUPPLEMENTST_O HIGH SCHOOL cJ COURSES IN JAMERICAN GOVERNMENT TNV:RTalsocf:TAELR=cEs 1.1.1 AND AMERICAN HISTORY JOHN J. PATRICK RICHARD C. REM`if For Project '87 Sponsored Jointly by The American Historical Association The American Political Science Association ACKNOWLEDGEMENTS ThiS boOk_of lessons is one_ many projects sponsoredby Project '87. Project '87 is _a joint effOrt_fciof theAmerican HiStorical Association and theAmerican Political Science ASSociatiOn._ It is dedicated tocommemorating the bicen- tennial of the United StatesConstitution, bdcuting in 1987. This bOok was developed at theMershcn Center (The OhioState University) and the Social StudiesDevelopment Center (Indiana University)._ Support for developmentof the book came from a grant froM the NationalEndowment for the Humanitiesto the AMerican political ScienceAssodiatibil on behalf ofProject '87. The_materials in this book do notnecessarily reflect the positions or policies of the NEST. Sheilah_Mann; Project '87Director; and CynthiaHarrisoni spedial_recognitionand thanks for Deputy Director; deserve evaluating their administrativeleadership_ih developing and thiS book of lessons. Fred Risinger, Coordinatorfor Sdhbbl Social Studies; IndianaUniVersity,.offeredpracticaladViCe lessons. Charles White,_ Graduate through his evaluation_of_the helped Assistant at the School ofEdUcation;indiana UnivetSity, In addition; manyhistoriah8 and to develop several lessobS. request political scientists- reviewedspecific lessons at the of Project '87 and offeredStimulating comments. Finally; Project '87 andtheauthOrs wish toacknowledge the Made by the teachers,scholars and valuable contributionS These educational leadersWhb'workedwith the project. individuals are liSted onthenext_page. Their insights and critical but alwayshelpful comments greatlyenriched, the project. ABOUT THE AUTHORS Indiana university JOHN J. PATRICK isProfeSSOr of Education at He was a high schoolsocial studies teacher_ in Bloomington. fOr teachers for eight years.__Dr.Patrick hasauthored books stUdieS'dttriculumand instruction aswell as about social He has elementary and highSchoOl,social studies teXtbookS. also served as a consultantto school systems,development centers and statedepartments of educationacross the country. Director of e MershonCenter's Citizenship RICHARD C. REMY is he also Development Program at TheOhio State UniVerSity_where Political Science Departmentand the holds appointmeht8 in the teacher in the College of Education. He began his career -as a He has authored__elementary; junior Chicago Public SChools. and has written high and senior highsocial studies_tektbOOks; extensively on politicalscience, citizenship anddecision-making. CONSULTANTS AND FIELD TEST TEACHERS CONSULTANTS Louis Grigar Jack Peltason Program Director for President Social Studies American Council Texas Education Agency on Education Paul Murphy Mary _Jame Turner Professor of _History _ Staff Associate University-,;T7R1nnesota Social Science Education Consortium FIELD TEST TEACHERS *Martha Cornelius Jane M. McMeekin Terre Haute South Vigo HighSchool Westerville South High School Terre Haute, Indiana Westerville, Ohio Frederick Drake *Roland Sloan Dwight High School Haworth High School Dwight, Illinois Kokomo, Indiana Constance Holland J. Mark Stewart Bloomington High School South Mifflin High School Bloomington, Indiana Columbus, Ohio Dennis Horn *Steve Toth Wabash High School Roosevelt High School Wabash, Indiana East Chicago, Indiana Ward Meyers sandra J. White Terre Haute South VigoHigh School Beechcroft High School Terie Haute, Indiana Columbus; Ohio* *Vivian Miller_ William Zeigler Bloomington High_School North Upper Arlington High School Bloomington, andiaLa Columbus, Ohio *Cornelius, Miller, Sloan and Tothserved as contributors to the creation of lesSbris during threeweekend conferences_ and a 15-day curriculuM deVelopmentworkshop. These activities were carried out during April, May andJune 1982. iii TABLE OF CONTENTS CHAPTER I INTRODUCTION FOR TEACHERS CHAPTER I_ ORIGINS AND PURPOSES OF THE CONSTITUTION 18 What Is A Constitution? 20 II- 2. Anatomy of Constitutiont 32 II- 3. State Constitutions, 1776-1780 39 II- 4. The Articles of Confederation (First Constitution of the United States) 48 II- 5. Opinions About Government Under the Articles of Confederation,1783-1787 . 58 II- 6 Washington't Decision to Attend the Constitution'al Convention 75 II- 7. DecisionS About the Presidency at the Constitutional Convention, 1787 85 II- 8. Decitiong About the Constitution at the MassachuSetts Convention, 1788 100 II- 9. Decitions About the Bill of Right 1 1787=1791 112 II-10. IdeAS from the Federalist Papers 128 11=11. Ideas from Papers of theAnti-Federalists 150 11=12. Timetable of Main Events in the Making of the Constitution, 1781-1791 163 CHAPTER IIIMAIN PRINCIPLES OF GOVERNMENT IN THE CONSTITUTION 174 III- 1. The Principle of Federalism 176 III- 2. One Proposal to ChangeModern Federalism . 190 III- 3. What Does the Constitution SayAbout Federalism", 198 III- 4. Key Terms for UnderstandingFederalism . 202 iv 207 III-5. Separation of Powers and Checks andBalances III-6. The Veto Power: A Weapoa in the Systemof Checks and BalanceS 218 III-7. What Does the Constitution SayAbout Separation_ of Powers and Checksand Balances 227 III-8. Key Terms for UnderstandingSeparation of Powers and Checks and Balances 231 235 III- 9. Principle of Judicial Review 251 III-10. How Should Judges Use TheirPower' '; Key Terms for Understandingthe Judicial System 259 . 263 111-12. Constitutional Rights and Liberties . 283 111-13. Opinions About Civil Libertiesand Ri hts 111-14. What 1:),,dS the Constitution SayAbout Civil Libertie8 and Rights? 295 44, 111-15. Key Terms for UnderstandingCivil Liberties and Right 299 CHAPTER IVAMENDING AND INTERPRETING THECONSTITUTION 303 305 IV=1. Purposes of Amendments . 309 IV=2. Passage of the Twenty-SixthAmendment . 320 . IV-3. The Equal Rights.Amendment: You Decide IV-4. A New ConstitutionalConvention: Another Way to Amend the Constitution 332 341 IV-5. The Origin of PoliticalParties C IV-6. The Supremacy of-Federal Law: Washington's Decision to Put Down the WhiskeyRebellion . 352 IV-7: Stretching the Constitution: Jefferson's Decision to Purchase Louisiana 366 IV- 8 The Court and Developmentof the Commerce Power 373 IV- 9. Two Responses_to aConstitutional Crisis: Decisions of Buchanan andLincoln About Secession 386 v IV-10. Pathway to Judgment: Near v. Minnesota . 401 IV-11. Overruling Precedent: The Plaq Salute Cases 413 IV-12. The Court,'s Use of Dissent 423 IV-13. Constitutional Rights in a Tim of Crisis, 1941-1945 435 IV-14. The 'Limits of Presidential