Life, Liberty and Property: What’s the Big Idea?

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For more information

Ideas for this lesson were inspired by:

  • Jean Fritz, Shh! We’re Writing the Constitution. New York: Putnam, 1987. 64 pp. Illustrated by Tomi dePaola.
  • Center for Civic Education. We the People: The Citizen and the Constitution, Level I. Calabasas: Center for Civic Education, 2003.
  • “I Signed the Constitution.” An original lesson plan: National Constitution Center. Philadelphia, Pennsylvania.

Visit the website at the National Constitution Center for printable copies of the Constitution, other free primary sources, and lesson ideas. You can also find ideas and resources at the Center for Civic Education.

Quick Overview
This tried and true lesson, a blend of history and civics, guides students through a process of evaluating John Locke’s theory of “living in the natural state” as a basis of our Constitution. Students discuss and learn about the three basic freedoms (rights) in our Constitution: life, liberty and the right to own property. Students will “lock in” these concepts through an exciting mix of brainstorming, framed discussion, and writing techniques designed especially for English Language Learners.

Watergate and the Constitution

Teaser

To indict or not to indict? Watergate raised complicated questions concerning Constitutional interpretation.

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Website
National Archives
Description

Students analyze a primary source document which sets forth points both for and against the indictment of Richard Nixon, before considering Constitutional interpretations of Watergate.

Article Body

The strength of this lesson is that it is centered around a document which presents compelling arguments both for and against the indictment of former President Nixon for his role in the Watergate scandal. The featured document, a memo to the Watergate Special Prosecutor Leon Jaworski, was written by Jaworski's staff as he was considering whether or not to indict Nixon.

The memorandum’s language should be accessible to most high school students. Both a copy of the original document and a transcribed version are available.

The question at the center of the lesson is, "Should the Watergate Special Prosecutor seek an indictment of the former President?" If teachers want to make this lesson more of an historical inquiry, we recommend modifying that question to read: "What were the main arguments for and against the indictment of former President Richard Nixon?"

An additional strength of this lesson is two activities that use the Constitution as a lens to understand the Watergate affair. One of the suggested activities asks students to identify the specific role each branch of government played in the Watergate affair. Another activity asks students to apply specific sections of the Constitution and determine the role particular constitutional powers and rights played in the Watergate affair.

This lesson would likely work best after an introductory lesson on Watergate. While there is no formal assessment included in this lesson, the questions presented by the document easily lend themselves to an essay or a discussion.

Topic
Watergate, the Constitution
Time Estimate
1 day
flexibility_scale
3
Rubric_Content_Accurate_Scholarship

Yes
Historical background is detailed and accurate. The document is from The National Archives.

Rubric_Content_Historical_Background

Yes
Th lesson includes background information for teachers and students, as well as a chronology of the Watergate affair.

Rubric_Content_Read_Write

Yes
The lesson is centered around a primary document from the Watergate scandal, and requires students to read the Constitution.

Rubric_Analytical_Construct_Interpretations

Yes
Students are asked to weigh the reasons for and against indicting Nixon.

Rubric_Analytical_Close_Reading_Sourcing

Yes

Rubric_Scaffolding_Appropriate

Yes
The main document is appropriate and accessible for most high school students, as are the teaching activities.

Rubric_Scaffolding_Supports_Historical_Thinking

Yes
The lesson includes the Archives' worksheet for analyzing primary source documents, asking students to consider source and contextual information when interpreting the document.

Rubric_Structure_Assessment

No

Rubric_Structure_Realistic

Yes
The lesson is clearly presented and is easily adapted to emphasize either History or Civic standards.

Rubric_Structure_Learning_Goals

Yes
Appropriate for one class period.

Supreme Court of the United States

Article Body

The Supreme Court is an essential body in the teaching of U.S. history and civics. So what does it do, and where did it come from? To begin, the Supreme Court's existence was specified in Article III of the U.S. Constitution. As for its duties, the Supreme Court serves largely to hear appeals from cases which originated at a lower level. However, original cases are heard when they involve ambassadors, public ministers, consuls, and/or when a U.S. state is involved.

The Supreme Court's page may not be the most beautiful website on the block, nor the most technologically up-to-date. However, the navigation is clear; and the site does provide information which could easily be of use to you in the classroom.

Simply click on About the Supreme Court to access a list of the most relevant resources.

Need a quick handout on the Court—current members, origin, jurisdiction, and term, for example? Then A Brief Overview of the Supreme Court is perfect for you. Or maybe, since C-SPAN and other such providers are not permitted to film the Court proceedings, you would like to conjure an image of the courtroom for your students? In that case, try the Visitors' Guide to Oral Argument, which describes the function of the various people in the courtroom and provides a diagram of their general seating arrangement.

Another option is to assign The Court and Constitutional Interpretation, The Court as an Institution, and/or The Court and Its Traditions as short homework or in-class readings. Note that they are not written at a level which will be accessible to early elementary students. That said, you can always read them yourself, and condense the information into a lively presentation for younger students.

Be sure to check out the rest of the list, as well. How much do you know about the history of Supreme Court oath taking?

The Uses & Abuses of the Constitution

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Annotation

Common-place: The Interactive Journal of Early American Life has released a special issue on the United States Constitution. It provides a roundtable discussion of several questions concerning the uses and abuses of the Constitution in contemporary American political affairs. The eight essays are divided into four sections: Electoral College, The Clinton Impeachment, The Second Amendment, and Women and the Constitution.

The Bush vs. Gore controversy is tackled by distinguished professor Rogers Smith, while other leading scholars such as Jack Rakove and Linda Kerber address the role of the Constitution in landmark cases, the Clinton impeachment, the gun control debate, and the rights of women. The essays are a readable length, between 2,500 and 3,500 words, and offer a "common-place" for academic and non-academic readers alike.

the Constitution
U.S. Constitution
Text
Constitution Day
Splash Pullout Constitution Day
Learn Constitution Day
Revolution & New Nation, 1754-1820s
Contemporary US, 1968-Present
Politics
Radicalism
Women

Federal Judiciary

Article Body

The U.S. judicial system exists to uphold the laws initiated by the nation's legislature.

The Federal Judiciary's site, U.S. Courts, is, in large part, intended to provide individuals with forms and information relevant to legal proceedings with which they may be involved. However, noteworthy resources do exist, including an educational resources page.

This resource page offers brief overviews of major court cases and several court simulations. The simulations are designed in a number of formats including dramatic scripts and debates; and they are intended to present Constitutional amendments as relevant to teenage lives.

A number of other features may also prove handy to you. These included a comparison of federal and state courts (cases, judges, and structure) in the form of two comparable lists of bullet points; commonly used judicial vocabulary; and faqs addressing federal courts, jurors, and the Judicial Conference, among other topics.

Last, but not least, you may be searching for a way to tie current events into your history classroom, particularly in a civics class. If that is the case, you might consider looking into the courts' bankruptcy statistics, which could be used in conjunction with a lesson on the Great Depression. Note that the statistics all correspond to the past 20 years maximum.

Landmark Supreme Court Cases

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This teaching site was developed "to support the teaching of landmark Supreme Court cases, helping students explore the key issues of each case." The site features 17 pivotal Supreme Court cases, including Marbury v. Madison (1803), McCulloch v. Maryland (1819), Dred Scott v. Sandford (1857), Plessy v. Ferguson (1896), Korematsu v. United States (1944), Brown v. Board of Education (1954), Miranda v. Arizona (1966), and Roe v. Wade (1973). Each case offers a "resources" section featuring such material as teaching recommendations, background summaries, a link to the full-text majority opinion, and excerpts from the majority and dissenting opinions. An "activities" section contains short activities and in-depth lessons. The site also includes instructions for general teaching strategies, including moot court, political cartoon analysis, and website evaluation. The site also offers material on key concepts of constitutional law including federalism, separation of powers and checks and balances, equal protection of the laws, judicial review, due process, the commerce clause, and the necessary and proper clause. An excellent resource for teaching the legal history of these important Supreme Court cases and the issues surrounding them.

Official Documents
Supreme Court
U.S. Supreme Court
Text
Constitution Day
Splash Pullout Constitution Day
Teach Constitution Day
Expansion & Reform, 1801-1861
Civil War & Reconstruction, 1850-1877
Devel. of the Industrial US, 1870-1900
Emergence of Modern US, 1890-1930
Great Depression & WWII, 1929-1945
Postwar US, 1945-Early 1970s
Contemporary US, 1968-Present
Legal History

Marbury v. Madison

Teaser

Constitutional or not? Read about this 1803 landmark court case deciding issues of judicial review.

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Website
Street Law, Inc. and the Supreme Court Historical Society
Description

Students examine documents establishing the principal of judicial review in 1803.

Article Body

During the early years of the American republic, the system of checks and balances between the three branches of the federal government was tested and solidified. This lesson examines the history behind the expansion of the Supreme Court's role and the principal of judicial review that came from the case of Marbury v. Madison in 1803. For teachers, one of the helpful things this website provides is secondary background reading and questions at three different ability levels. The easiest level provides help with vocabulary and may be suitable for English language learners. An engaging political cartoon analysis exercise is also included. The cartoon illustrates the balance of powers between the three branches of government, equating the Supreme Court to referees in a football game. In addition, excerpts of the most significant passages and other related texts are provided for students to read and interpret. We think teachers will appreciate the flexibility in the recommended sequence of activities. Activities can be tailored to how much time you have to teach about this important topic.

Topic
Early Republic; Marbury v. Madison; judicial review; Supreme Court
Time Estimate
1-4 class sessions
flexibility_scale
3
Rubric_Content_Accurate_Scholarship

Yes Materials used in the lesson have been well researched. Content and materials on the site are very thorough.

Rubric_Content_Historical_Background

Yes Background information and questions are available for students at three different reading levels.

Rubric_Content_Read_Write

Yes Lesson focuses on reading and answering questions. No large, essay-style question for student writing is included, but students construct brief responses to questions about documents they have read.

Rubric_Analytical_Construct_Interpretations

Yes Students analyze documents to answer questions about who has the power to declare laws unconstitutional. The political cartoon analysis exercise centers on analytic thinking.

Rubric_Analytical_Close_Reading_Sourcing

Yes Emphasis on reading primary sources. Source and perspective understanding are required when considering (for example) Thomas Jefferson's adverse reaction to the decision.

Rubric_Scaffolding_Appropriate

Yes This lesson is appropriate for a secondary audience, though this is not specifically stated on the site. Teachers may decide the activities and resources are appropriate for an eighth-grade class.

Rubric_Scaffolding_Supports_Historical_Thinking

Yes In addition to the leveled background reading, an opening scenario, a diagram of the case, and excerpts from primary documents also work to support student understanding. Questions included with the sources require varied levels of understanding ranging from basic to quite sophisticated.

Rubric_Structure_Assessment

No Activities do not include assessment strategies other than questions that a teacher could assign to check for student understanding.

Rubric_Structure_Realistic

Yes The lesson provides adequate instructions for implementation.

Rubric_Structure_Learning_Goals

No No learning objectives are explicitly stated; however, the lesson activities progress logically.

Reading and Thinking Aloud to Understand

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Article Body

This 11th-grade honors U.S. history class, using Reading Apprenticeship techniques developed by WestEd, shows students engaged in the process of reading primary source documents as a means of better understanding the internment of Japanese Americans during World War II. The students in this video are in an honors classroom. The class is in an ethnically, linguistically, and economically diverse school in a high immigrant, rural community. This video provides examples of two promising practices:

  • Putting students in pairs to conduct "read aloud/think aloud" work
  • Providing students with strategic vocabulary for reading primary sources
Content

Students in this lesson are in the middle of a week-long unit on Japanese American internment. Focusing on the question of the constitutionality of relocating and interning these citizens, students read several primary source documents, including the Constitution and opinions from Korematsu vs. the United States, a 1944 Supreme Court case challenging the internment.

Read Aloud/Think Aloud

Students work together in pairs to summarize excerpts from the Constitution relevant to the internment. They take turns reading aloud to each other and talk through the process of reading. As they do, they verbalize their reading and thinking processes, defining terms, connecting the text to prior knowledge, analyzing the meaning of the text, and asking questions about difficult passages as they go.

Strategic Vocabulary

Before, during, and after her students read, the instructor signals key terms that need definition (e.g., ex post fact, bill of attainder, vested). While the read aloud/think aloud strategy helps students make sense of difficult texts, they still need assistance with advanced language and sophisticated concepts. By identifying and defining key terms for students, the instructor helps them decode the documents.

What's Notable?

Many teachers ask students to read primary source documents. But students often struggle with complex language and difficult concepts, often missing the connection with the material they are studying. What makes this class unique is the way the instructor structures the class in order to support student reading.

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