Connecting Professional Development and Classroom Practice

Article Body

In the library of an Oakland, CA, middle school, four 8th-grade American history teachers are gathered around a table. A doctoral student in U.S. History, the school librarian, and two staff members from the Oakland Unified Teaching American History (TAH) Grant's professional development project join them. The teachers have come from three different schools to observe a lesson on the Fourth Amendment they have planned together.

They wanted students to understand the ideas, rights, and controversy embedded in the dry language of the Constitution. The lesson began in a dramatic fashion. The teacher who was teaching the lesson arranged for a campus security guard to walk into the classroom and search the backpacks of three students. The students had agreed before class to participate in the simulation. After the search, students in the class were asked to write a brief response explaining whether they thought the search was legal. A discussion of this question followed. Then the students read and tried to rewrite the Fourth Amendment in their own words.

Reading and understanding the Amendment proved, as the teachers anticipated, a challenge to many of the students in this class, which included a number of second-language students. At one point the teacher asked, "What do you think they mean by the term effects?" As the teachers had predicted the students had difficulty in explaining how the term was used in this context.

After this introduction, the teacher passed out the Supreme Court case, T.L.O. v. New Jersey (1985), which asked what rights students have against search and seizure if they are on school grounds. (The court ruled they don't have the same rights as individuals outside the authority of the school.) Finally, students were asked to revise what they had written at the beginning of the period on whether or not the search was legal.

After reading what students wrote the mood at the table changed, for it became clear that the students had gained, at best, only a limited understanding of the Fourth Amendment. . .

Initially, the group of teachers clustered around the table was certain that the lesson was successful; students seemed to understand that there were limitations to their Fourth Amendment right to not be searched. Then, the student writing samples were passed out to each teacher. After reading what students wrote the mood at the table changed, for it became clear that the students had gained, at best, only a limited understanding of the Fourth Amendment and how it is applied in a variety of situations and contexts. They did not see how the Fourth Amendment had been applied to the T.L.O. case and argued that school officials had no right to search their belongings without a warrant or probable cause.

As this finding emerged, teachers began to reconsider the design of their lesson—what would they do differently next time? When the lesson was taught again, it benefited from this close examination of instruction and student learning. Indeed, to help the students better understand how the Fourth Amendment had been applied, the teachers refined the lesson to provide a greater focus on the actual court ruling and reasoning in T.L.O., as well as looking closely at additional significant Fourth Amendment cases in American history.

This brief example of teacher collaboration illustrates one aspect of the Oakland TAH program. This collaborative process is known as lesson study.

. . . working to increase teacher content knowledge of American history was just a first step towards achieving the main goal of the project. . .
A Project Challenge: Connecting Professional Development and Classroom Practice

The Oakland Unified School District has received two TAH grants. Each project had the goal of increasing teacher content knowledge of American history and connecting classroom teachers and professional historians. But, working to increase teacher content knowledge of American history was just a first step towards achieving the main goal of the project—increasing student knowledge, understanding, and achievement in American history. This goal raises the fundamental question we sought to answer in our projects:

"How can the enhanced historical knowledge gained by teachers find its way into their lessons and thus increase student knowledge and understanding of American history?"

From long experience in professional development, it is clear the most challenging aspect of this work is helping teachers make connections between what is learned in a workshop and what happens in their classrooms. Lesson Study helped us meet our goal of strengthening that connection.

Lesson Study: Working to Integrate Historical Content and Classroom Practice

As described above, "Lesson Study" provides an ongoing method to examine, refine, and improve instruction. The process is quite basic. A group of 3–5 teachers meet to plan a lesson on a specific historical topic and identify what important information, ideas, and concepts they want the students to understand. The lesson is then taught in one group member's classroom, while the other teachers and project staff observe. After the observation the group members and project staff meet to analyze, with a focus on student talk and writing and on how successful the lesson was in achieving the instructional goals they set for themselves. Based on this discussion, the teachers then refine and/or revise the lesson before it is taught in another group member's classroom.

It is important to note two very important details about what is accomplished in the planning phase:

1. The teachers develop a student question for the lesson. The student question guides the selection of materials and activities that will help students develop thoughtful and accurate responses. It also identifies what student words and work will be the focus of the teachers' analysis of the lesson's effectiveness.

2. The teachers also develop a research question for themselves about the teaching and learning of American history. This both focuses the lesson planning and the gathering of data, and gives the lesson importance beyond the immediacy of its topic and teaching.

Below are some examples of how past lesson study groups connected their student and teacher questions.

A fifth grade lesson focused on Chinese immigration through family photos:

Student question: What can we learn from this picture about the experiences of Chinese immigrants?
Teacher question: Can students use an immigration story to understand a larger historical movement? (A focus on making generalizations and inferential thinking.)

A fifth grade lesson focused on the experiences of slaves and questions of freedom. The class had read the historical novel A Picture of Freedom: The Diary of Clotee, a Slave Girl, by Patricia C. McKissack:

Student question: Which characters in the book have the most and least amount of freedom?
Teacher question: Can students develop a nuanced understanding, through multiple perspectives, of freedom at this time and place in American history?

An eighth grade lesson on Nat Turner:

Student question: Was Nat Turner's Revolt a success?
Teacher question: How can we help students understand that it is possible to tell different stories and come to different conclusions about the same event?

An 11th grade lesson on Populism:

Student question: How successful was the Populist Party?
Teacher Question: How can we teach students to use evidence to support their argument?

Lessons Learned—Lesson Study: Possibilities and Challenges

We found that Lesson Study, both through its promise and its implementation addressed a genuine need among history teachers for a systematic way of learning about how to improve instruction, but it was not without its challenges. Lesson study takes time, a scarce resource for teachers. It requires meeting after school and finding and locating resources for a lesson. It requires an understanding among members that by investigating a lesson they might come to different answers and understandings about how best to increase student knowledge and understanding. Indeed, a number of lesson study groups were not able to overcome these challenges. Some teachers showed up late to meetings, or didn't show up at all. Some teachers planned extensively while others in the group did not contribute an equal share. Also, lesson study requires a stance towards teaching and collaboration that is often at odds with how teachers work together at school sites. A successful lesson study develops a lesson that is seen by group members as "our" lesson, rather than the lesson of the teacher who is going to teach it first.

A successful lesson study develops a lesson that is seen by group members as "our" lesson, rather than the lesson of the teacher who is going to teach it first.

So why would teachers want to continue with lesson study? The answer can be found in what teachers believed to be beneficial besides the opportunity to collaborate. Not only did lesson study address a need, but it helped meet the need. Over three quarters reported that they actually learned something new about their teaching—something that was revealed to them through the lesson study process. There was the learning of new content as lessons were developed and materials selected. Indeed, a number of groups chose to focus their lessons on topics they had not taught in depth before, such as Nat Turner and slave rebellions, McCarthyism and the Cold War, or the Fourth Amendment in American history.

There were also new specific instructional strategies designed to help students learn and understand more about American history. For example, groups focused on how to help students read difficult primary source documents, move from specific historical details to generalizations about a time or place, or see a specific event through the multiple perspectives of the time. And there was new learning around the big instructional questions teachers framed for themselves. "Can fifth grade students develop a nuanced understanding of freedom and slavery?" "How to help students use historical evidence to develop and support an historical argument?"

To support lesson study through TAH activities, our efforts have focused on linking lesson studies with historians' presentations. This allows us to provide resources (documents, activities, readings, etc.) that support teachers through the lesson planning phase so they can focus on the lesson analysis portion. The analysis portion, framed by a teacher research question, is often the part of teaching that teachers are unable to make time for as they try and meet the demands of moving through their American history curriculum.

When we first started with lesson study we didn't stress this aspect enough, even though we understood the research nature of the process. We learned that having a teacher question helped immensely in focusing on student understanding as a means for evaluating the lesson's success and instructional meaning. For lesson study to be truly successful, it should help teachers improve the instruction of a particular lesson, inform their instruction beyond that one lesson, and influence future instructional decisions and choices. Why else spend that much time on one lesson?

References

Lewis, Catherine, "Lesson Study: A Handbook for Teacher-Led Instructional Change," (Research for Better Schools, 2002).

Stigler, James and Hiebert, James, "The Teaching Gap: Best Ideas from the World's Teachers for Improving Education in the Classroom," (New York: Free Press, 1999).

Oakland Unified School District TAH project website.

On Gendering the Constitution

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John A Bingham, photo by Mathew Brady, Library of Congress
Question

Do you have any primary source documents from John Bingham that show why he chose to include only males in the 14th Amendment, any copies of speeches he made on the topic, etc.? Also do you have any source documents from Susan B. Anthony that take the opposite view of why women should be included? My daughter is completing a National History Day project and these two are critical to her performance.

Answer

I’m not sure how to answer this. I wouldn’t want to take anything away from your daughter’s project by doing her research for her. But the subject is complicated and I think I can say a few things that might help with her research.

The issues around the passage of the 14th Amendment, as they appeared to women’s rights activists, are well covered, with transcripts of Congressional debates, and details of the petitions and organizing activities of Susan B. Anthony, Elizabeth Cady Stanton, and others, in the History of Woman Suffrage, Volume 2, Chapter 17, pages 90-151, which your daughter can read at the link. In addition, if your public library, or a nearby academic library, has online access to the ProQuest historical newspapers collection, she might find it useful to take a look at The New York Times reporting on the announcement of—and speeches given at—the 11th National Woman’s Rights Convention, held in New York City, as detailed in the articles, “Woman’s Rights. The Eleventh National Woman’s Rights Convention” (April 2, 1866) and “The May Anniversaries” (May 11, 1866).

The Purpose of the 14th Amendment

In order to supplement these sources and to more fully understand the Congressional debates over the language of the 14th Amendment, I think it is important to note that the essential purpose of the amendment was not to define the principle on which the right of suffrage was based, but rather to craft a means by which the country could be “reconstructed,” which is to say that the joint House and Senate “Committee of Fifteen” (which included Representative John A. Bingham of Ohio) that put together the language of the amendment and brought it to the Congress as a whole for a vote was recommending a way for the southern states that had seceded to be re-admitted to the Union, a very urgent issue at the time.

When they were re-admitted, these states’ representatives would have to be seated in Congress. But there was a problem with doing that: According to the Constitution, the number of slaves in the southern states had figured into the counting of the states’ population for the purpose of deciding the number of Congressional representatives from those states (the “three-fifths clause”). But with the end of the war and the passage of the 13th Amendment outlawing slavery, there were no longer any slaves to count.

it would have seemed that the South had actually been rewarded as a result of the war.

If, then, the sheer number of persons living in the southern states were now to be used to determine the number of representatives these states could send to Congress, these states would gain a very considerable advantage over what they had before the war because the ex-slaves would then be counted as “full” persons, even though, in these states, they were not allowed to vote. The result would be an actual increase in the legislative power of these states, whose strengthened congressional delegations would still be drawn from the same class of white landowners whose “retrograde” views had played a decisive role in the events leading to the war. This would have been plainly unacceptable, as it would have seemed that the South had actually been rewarded as a result of the war.

To solve this problem, the Committee of Fifteen created a condition for these states re-admittance to the Union, which is described in section 2 of the constitutional amendment it proposed:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

In other words, the committee was saying, “Okay, maybe we can’t force you southern states to give Blacks the vote, but if you don’t, we’ll just deduct the Black population from your total population when counting how many congressional representatives you get, so you don’t get any advantage over us; in fact, you’ll be disadvantaged, because now you won’t be able to count your Black population at all whereas before you could count three-fifths of it (more or less) in figuring out how many congressional representatives you could have.” This seemed like a fair, if somewhat convoluted, compromise to the committee. The committee thought it would stand a good chance of being passed.

This seemed like a fair, if somewhat convoluted, compromise to the committee.

In fact, essentially the same sort of scheme had already passed Congress as part of a civil rights law, but Congressman Bingham, who was both a lawyer and a judge, was convinced that that law would be found by the courts to be unconstitutional for a number of reasons (including the fact that it infringed on the rights of states to determine which of its citizens could vote), so he had actually opposed its passage in Congress and argued that it needed to be passed as a constitutional amendment instead. That is why it was deliberated on by the Committee of Fifteen—actually called the Committee on Reconstruction—of which he was an influential member, and was proposed by it. It was part of the committee’s plan for how the southern states could be brought back into the fold: If these states’ legislatures reaffirmed their allegiance to the United States and voted to accept the conditions in the proposed amendment, then they would be re-admitted.

I cannot find a source that gives Bingham himself the responsibility for inserting the word “male” in the language of the amendment. Perhaps you have found such a source. The material in the History of Woman Suffrage appear to me to suggest otherwise, that it was simply the result of the committee’s long hours in trying to craft precise language that would do no more than what the committee intended the amendment to do, without inadvertently opening the door to a storm of objections surrounding the much larger principles of suffrage, whether it was a universal “human right” or not, that would most probably have derailed the amendment’s chance of passage.

For more information

Garrett Epps, Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America. New York: Macmillan, 2007.

William E. Nelson, The Fourteenth Amendment: From Political Principle to Judicial Doctrine. Cambridge: Harvard University Press, 1988.

Bibliography

Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage, eds. History of Woman Suffrage. Volume 2, 1861-1876. Rochester: Susan B. Anthony, 1881.

Beyond Numbers: A History of the U.S. Census

Description

According to Backstory:

"To mark the culmination of Census 2010, BackStory takes on the fascinating story of how Americans have counted themselves throughout our nation’s history. As it turns out, the idea of doling out power based on the actual number of people in a region was an American innovation. The History Guys explain what was so revolutionary about the concept in 1787, and explore how assumptions about who counts as an American have shifted over time. They also look at the reasons the “undercount” became such an important issue in the 20th century, and consider the ways Americans’ suspicion of government has posed a challenge to the work of the Census Bureau. Over the course of the hour, they are joined by a scholar, former Census workers, and listeners interested in exploring the invisible backbone of American democracy: the U.S. Census."

Amy Trenkle on Experiencing the First Amendment

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Photo, students learning linoleum-cut printing
Photo, students learning linoleum-cut printing
Photo, students learning linoleum-cut printing
Photo, students learning linoleum-cut printing
Photo, students learning linoleum-cut printing
Article Body
Welcome our blog's first guest writer!

In the future, look for more entries by practicing teachers we've selected to bring you their experiences connecting students with primary sources and/or using technology and digital resources to support and enrich their teaching. Teachers will come from elementary, middle, and high school; some have been teaching for years and some have just started out. Each will have their own unique insights on teaching U.S. history and social studies.

Amy Trenkle teaches 8th-grade U.S. history at Stuart-Hobson Middle School in Washington, DC. A National Board Certified Teacher in early adolescence social studies/history, she has taught in DC since 1999. Amy believes in experiential learning and using the museums in her city and across the country to make concrete connections for her students to their history curriculum. She has served on several advisory boards to local museums, including the Smithsonian Center for Education and Museum Studies, the National Museum of American History, the Newseum and the National Building Museum. An active participant in the DC Council for the Social Studies, National Council for the Social Studies, and DC Geographic Alliance, Amy the received the DC History Teacher of the Year Award in 2005 as sponsored by the Gilder Lehrman Institute of American History. Currently, Amy is serving as an adjunct professor of education at American University.

Picturing the First Amendment

This year, celebrating Constitution Day was a school-wide affair.

Thanks to a special grant opportunity offered through the Newseum and 1 for All, students at my school became aware of, or reviewed, their First Amendment rights.

Students took a field trip to the Newseum, where they had a class taught by a Newseum educator about the First Amendment, and then visited the First Amendment Gallery, both highlighting issues related to the First Amendment today.

Upon returning to school, students in each grade level shared what they learned in different forms. The 5th grade made sidewalk chalk drawings, the 6th graders made a mural about their First Amendment rights, 7th graders left their impressions of the First Amendment via window drawings with washable window paint, and 8th graders made a linoleum print about the First Amendment.

Finding Your Freedoms

As the 8th-grade U.S. History teacher, I really wanted to emphasize the importance of the First Amendment—we will be studying it more in-depth later this year, but what a great opportunity to bring it to life now! To prepare my students for this trip, we took a walk around several blocks near the school. Students listed as much evidence as they could for our five First Amendment rights in action. I directed them not to just look for signs, but to listen for them and to really observe.

Students came up with the following:

  • Assembly: We are all walking as one group on the sidewalk.
  • Religion: The Imani Temple Church, Tibetan worship flags, a cross (for Christianity)
  • Speech: the Redskins sign, bumper stickers on car, mayoral candidate signs
  • Press: Newspaper stands, Washington Post newspaper

Armed with our examples in our neighborhood, I felt we were ready for our field trip. We had a great time—the students LOVE going to the Newseum. As a teacher, I felt that they deepened their understand of the First Amendment and connected it to what we did in class.

What Do Freedoms Look Like?

Our final activity, upon our return, was to synthesize what we learned through a print. Students were first asked to choose one of the five parts of the First Amendment to focus on. They then were tasked with finding a quote, lyrics, or saying that they felt related to that part of the First Amendment, and to cite it. Then, they drew a sketch of how they would illustrate this on a print.

The next day a local artist, Alexandra Huttinger, came in and taught the students how to make linoleum-cut prints. Each student carved his/her own linoleum and then printed their print. They then wrote what their print was about. These will be displayed in our school's foyer.

Taylor chose to focus on the Freedom of Assembly because "the right to assemble is very important to me." She chose to illustrate her drawing as she did because "to protest you could have megaphones and signs." From this activity she learned "that our First Amendment rights are important to us as Americans."

Virgil chose to illustrate the Freedom of Petition "because it got my attention because I remembered the Tea Partiers." He used a quote from his father: "We have a right to protest against things that we feel are not right." He chose to illustrate his right as he did "because people signing a paper to get things or to relieve things is a form of petition." As for the activity? Virgil says, "It is a really fun experience!"

Ashley chose to highlight Freedom of Speech. "I chose to focus on this particular part of the First Amendment because I think that the Freedom of Speech is used the most," wrote Ashley. She used a quote from Benjamin Franklin that she found on thinkexist.com: "Without the freedom of thought, there can be no such thing as wisdom, and no such thing as public liberty, without freedom of speech." Ashley explains her choice: "I chose to illustrate the First Amendment as I did because I thought it really illustrates what my feelings are about Freedom of Speech. The mouth represents speech and the flag as the tongue in the mouth represents freedom." She "enjoyed learning how to print and about our First Amendment rights again."

Whether it was new or a review for students, I felt, as a teacher, that my students were thinking about the First Amendment and their rights on Constitution Day. I'm very proud of their work!

For more information

Visit the Newseum's website to explore the museum's resources for students and teachers yourself.

Also check out 1 for All, a nonpartisan educational campaign seeking to celebrate and publicize the rights granted by the First Amendment. The website offers lesson plans for all grade levels, and links to further resources.

iCivics aharmon Tue, 06/28/2011 - 17:01
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Screenshot, Cast Your Vote, iCivics
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iCivics teaches students civics by way of online casual gaming. Don't write the site off because it consists primarily of games. Most of them are actually both entertaining and educational.

Games are divided into sections—Citizen Participation, the Constitution and Bill of Rights, Budgeting, Separation of Powers, the Executive Branch, Legislative Branch, and the Judicial Branch, with one to four games each. Games can also be sorted by overall time needed to play.

Try Cast Your Vote to learn to prioritize issues of importance to you and evaluate political candidates, Immigration Nation to learn reasons why people are and are not allowed into the country, Do I Have a Right? to review your amendments, Branches of Power to emphasize the relationships among the three branches of government, Executive Command to discover the responsibilities of the President, People's Pie to create a national budget, or Counties Work to manage county services. For an in-depth example, take a look at our Tech for Teachers entry on Do I Have a Right?.

Note that games include teacher's guides in the menu below the play area. Select Teachers' Tools, and look under Teacher's Files. Also under Teachers' Tools, you can search by your state name to find any standards directly related to the game in question.

Players can also earn points, and spend them on various causes such as Teens Against Domestic Abuse. The causes with the highest points each three months are awarded a monetary prize. This gives gaming point acquisition a real-life application.

In addition to games, the website offers curriculum units on budgeting, foundations of government, citizenship and participation, persuasive writing, and each of the three branches of government. These packages include lesson plans, appropriate iCivics games, and webquests. Webquests consist of thematic information linked to resources on external websites. You can also search for appropriate content by specific state standards, and/or register to create a class account.

James Madison's Montpelier [VA]

Description

The Montpelier Foundation's primary mission is to present the lasting legacy of James Madison (1751–1836) as Father of the U.S. Constitution, architect of the Bill of Rights, and fourth president of the United States. The Montpelier estate, home of Madison for the majority of his life, features the Madison mansion, historic buildings, gardens, forests, a freedman's cabin and farm, and the site of a Civil War encampment.

The Montpelier Foundation offers exhibits, an archaeological lab and sites, hands-on activities, an introductory film, guided tours of the Madison mansion, self-guided landscape tours, a variety of other thematic guided tours, limited transportation grants, and educational programming with suggested grade levels (including in-class outreach presentations).

The 4th Estate as the 4th Branch

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speak to the world via radio
Question

Why is it that, while the media is referred to many times as the 4th branch of government, it is not explicitly stated as such? Is this something that would be or has been up for consideration? What arguments would favor or oppose this amendment to the body of our Constitution?

Answer

Calling the media the "4th branch of government" is a rhetorical device, not a serious statement of fact. The point is to emphasize that the press is not a mere passive reporter of the facts, but a powerful actor in the political realm.

Calling it "the 4th branch" not only emphasizes the amount of power it wields, but is often meant to suggest that that power is not under the control of the people in the same way that their elected representatives are. The implication is that it acts as a shadow government, unaccountable to the people, but is instead beholden to special interests of one sort or another, or that the press's supposed separation from the government is largely an illusion. The corollary is that the press sometimes menaces rather than protects, or controls rather than serves, the public.

The Phrase "4th Branch of Government"

The "4th branch of government" is a phrase that appears to have first surfaced among critics of FDR's New Deal in the 1930s. It referred not to the press, but to the collection of new Federal regulatory agencies with top officials appointed by the Executive Branch. Their function was quasi-judicial, and they were not directly accountable to the people.

Identifying the "4th branch of government" as the press came a decade or so later. Hartford Courant editor Herbert Brucker, in his 1949 book, Freedom of Information, devoted some ink to it. He explicitly equated "the 4th Estate" (another, older phrase often applied to the press, which has its own linguistic history derived from British and French politics) with "the 4th branch of government."

Journalist Douglass Cater entitled his 1959 book on the practical relationship between the government and the press, The Fourth Branch of Government. Both authors were convinced that, insofar as the press did act as a true political player (rather than an unbiased observer of politics), it corrupted itself and went astray from its primary responsibility—to convey important information and to act as a nonpartisan watchdog for the public against all trespassers on their rights.

Lately, some political writers have used the phrase, "the 4th branch of government," to mean the voters' power to form law directly through petition or referendum, as in California.

Freedom of the Press

The 1st Amendment of the Constitution says, “Congress shall make no law ... abridging the freedom ... of the press.” The Constitution establishes a government with three branches, but it does not establish a press or a media. What it does do is prohibit the government from trying to control what people say, either in the press (and by extension in other forms of media) or outside the press.

The core principle is that in the U.S., as distinct from many other countries, the media (and the people in general) are not established or granted rights or status at the discretion or pleasure of the government. Rather, the government's power is entirely derived from the "just consent of the governed." The point of the 1st Amendment is to make sure that the government does not overreach itself by trying to limit the basic rights of the people, such as their right to speak freely, including their right to criticize the government. The government does not grant that right. It already exists, no matter what the government might say or do.

The 1st Amendment states the consequence of that fact: Congress cannot limit freedom of speech. The Constitution recognizes the press's freedom as fundamental and prevents the government from infringing on it.

Another way of demonstrating this: The government, barring a few exceptional situations, has not put itself in the business of funding the press, much less actually running a news organization (rather than a public information office). One exception is the grant money that partially funds the Corporation for Public Broadcasting and National Public Radio (and fully funds international broadcasting entities such as Radio Free Europe, Radio Liberty, and Radio Free Asia).

Another exception is Voice of America, the government agency that broadcasts radio and television abroad. VOA is prohibited by the Smith-Mundt Act, however, from disseminating its programming directly to the American people. This was partly out of fear that an administration would find it a useful tool for selling itself to its own constituents and thereby unfairly consolidating its own power against its political opposition.

Potential Upside of Making the Press a Separate Branch of the Government

Incorporating the press into the government would make the media more accountable in some sense for what it says and does, and would make it less dependent on large commercial interests for success. It would likely make the media more careful and guarded about what it said. No matter what your political perspective, it is not difficult to think of instances where that would have been a good thing.

Politicians and journalists have recently talked about giving government subsidies to news organizations suffering from a dwindling subscriber base and shrinking audience or advertising revenues. This idea they justify under the notion that the press or the media is a kind of public service or utility and is valuable to the general welfare of the country. This would be an of extension of the idea of the electromagnetic broadcast spectrum as a public resource that is allocated and protected by the Federal Communications Commission.

Potential Downside of Making the Press a Separate Branch of Government

Trying to bring the press under the umbrella of the government, even as a separate "branch," would join the interests of the press with the interests of the government that funded it, making it less likely to criticize the government. The press, then, as a government entity, would be perceived (and truly function) as a propaganda ministry, a partisan political tool.

This would jeopardize the press's credibility as objective, making it less valuable to the public. It would also introduce a largely unpredictable period of experimentation, resetting the most fundamental structure of the government by adding a 4th branch. It would also re-frame the relationship of the government to the people, from one in which the government is granted its limited power by the people (who always maintain their rights), to one in which the government is the granter and administrator of rights, such as, here, freedom of speech.

There are many countries in the world where this is the model. Many of them have media that are largely or even exclusively government-run (or at least government-funded). Despite the occasional desire of politicians or government bureaucracies to control a media that annoys or criticizes, the Constitutional guarantees of freedom of speech and of the press have largely prevented such action here.

Exceptions to the Freedom of the Press

By law, the press is limited in its content when such content would be libelous, obscene, seditious (leading to "imminent lawless action"), or would threaten national security or the public safety. Restrictions on "hate speech" also limit the freedom of the media, as do copyright laws. It has been along the border of these limitations that skirmishes between the press and the government have been fought for nearly the entire history of the U.S.

Such skirmishes began in earnest with the passage of the Sedition Act of 1798, which, for a time, made it an offense "To write, print, utter or publish, or cause it to be done, or assist in it, any false, scandalous, and malicious writing against the government of the United States, or either House of Congress, or the President, with intent to defame, or bring either into contempt or disrepute, or to excite against either the hatred of the people of the United States, or to stir up sedition, or to excite unlawful combinations against the government, or to resist it, or to aid or encourage hostile designs of foreign nations."

Nevertheless, it is a sign of how little support the Constitution gave to the government to define for itself the content of what the press could publish that 1st Amendment cases involving questions of the freedom of the press were decided in what historian Lucas Powe calls a "haphazard" fashion until the 1964 Supreme Court decision of The New York Times v. Sullivan, which clarified what constituted libel and what did not.

Bibliography

Herbert Brucker. Freedom of Information. New York: Macmillan, 1949, pp. 9-16.
Douglass Cater. The Fourth Branch of Government. Boston: Houghton Mifflin, 1959.
Lucas A. Powe, Jr. The Fourth Estate and the Constitution: Freedom of the Press in America. Berkeley: University of California Press, 1991.
Lyrissa B. Lidsky and R. George Wright. Freedom of the Press: A Reference Guide to the United States Constitution. Westport, CT: Praeger, 2004.
Text of the Sedition Act of 1798.

We the People . . . Rarely Agree

Quiz Webform ID
22412
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Teaser

What does the Constitution mean to you? Match each quote to the historical figure whose view of the Constitution it reveals.

quiz_instructions

September 17, Constitution Day, commemorates the 1787 signing of the Constitution. Ever since its creation, the Constitution has provoked patriotic passion and heated debate. Match the quotes below to the historical figure whose view of the Constitution they reveal.

Quiz Answer

1. "Our Constitution is so simple and practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form."

Herbert Hoover
Franklin D. Roosevelt
Woodrow Wilson
Abraham Lincoln

Roosevelt spoke these words on March 4, 1933, in his First Inaugural Address— which also included his famous phrase "the only thing we have to fear is fear itself." In this speech, FDR first assured the American people that he had faith that the Constitution and current understandings of constitutionally-acceptable presidential power were sufficient to overcome the crisis posed by the Great Depression. He then went on to note that, if necessary for the good of the country, he would ask Congress for executive power equivalent to that granted in wartime.

During his presidency, many of FDR's New Deal reforms would be found unconstitutional by the U.S. Supreme Court, leading to constant tension and conflict between the President and the court.

2. "In examining the Constitution of the United States, which is the most perfect federal constitution that ever existed, one is startled, on the other hand, at the variety of information and the excellence of discretion which it presupposes in the people whom it is meant to govern."

Pierre-Etienne Du Ponceau
Benjamin Franklin
Alexis de Tocqueville
Marquis de Lafayette

In his book Democracy in America, French thinker, writer, and politician Alexis de Tocqueville (1805-1859), considers the strengths and weakness of the American federal system of government as it was in the early 1830s, when he visited the young country on a 9-month tour. This passage comes from chapter 8 of the book's first volume: "On the Federal Constitution." Subheading "The Federal Constitution, Part V," "Why the Federal System is Not Adapted to All Peoples" looks at the uniqueness of the Constitution and of the expectations it sets out for the people putting it into practice.

3. "A sacred compact, forsooth! We pronounce it the most bloody and heaven-daring arrangement ever made by men for the continuance and protection of a system of the most atrocious villainy ever exhibited on earth."

William Lloyd Garrison
Frederick Douglass
John Murray Spear
Lydia Maria Child

Fiery abolitionist William Lloyd Garrison (1805-1879) included this condemnation of the Constitution in the December 29, 1832, issue of his abolitionist newspaper The Liberator. The article in which it appeared, titled "On the Constitution and the Union," denounced the Constitution for allowing slavery to exist in the U.S., calling it a document "dripping" "with human blood."

Garrison famously burned a copy of the Constitution at a 4th of July gathering in Farmingham, MA.

4. "The Constitution was founded on the law of gravitation. The government was to exist and move by virtue of the efficacy of 'checks and balances.' The trouble with the theory is that government is not a machine, but a living thing."

Woodrow Wilson
Franklin D. Roosevelt
Theodore Roosevelt
Lyndon B. Johnson

Woodrow Wilson included these words in his 1913 book The New Freedom: A Call for the Emancipation of the Generous Energies of a People, which laid out many of the views on which he had campaigned for the presidency. Writing in 1885, in his earlier book Congressional Government, Wilson saw many problems in the United States' established form of government, arguing that the Founders' system of checks and balances obscured responsibility more than it ensured balance. Wilson saw the Constitution as a product of a certain time and place, with questionable relevance to the present day.

For more information

For the full text of FDR's 1st Inaugural Address and related primary sources, turn to the Library of Congress's American Memory site "I Do Solemnly Swear . . .": Presidential Inaugurations' page on the speech. Many presidential inaugural speeches make reference to the Constitution, revealing the view of the Constitution that the president giving the speech holds (or claims to hold); search this collection for other presidents speaking on the document and its iconic status in U.S. government and culture.

You might also look at the American Memory collection Documents from the Continental Congress and the Constitutional Convention for 277 primary source documents "relating to the work of Congress and the drafting and ratification of the Constitution."

The National Endowment for the Humanities' EDSITEment looks further at the life and accomplishments of Alexis de Tocqueville in an August 2009 feature on the author and the introduction to his Democracy in America. The feature collects suggestions for teaching the introduction and selected links; a link to the full text of the book's two volumes, hosted by the University of Virginia, is included.

The full text of William Lloyd Garrison's "On the Constitution and the Union" can be read here, as can other articles by Garrison, in TeachingAmericanHistory.org's Document Library (which includes the Constitution and a range of other founding documents).

Project Gutenberg, a database of out-of-copyright public domain texts, hosts the full text of Wilson's The New Freedom, as well as other works by Wilson.

For more on the Constitution, try NHEC's 2008 round-up of Constitution and Constitution Day resources for teachers. Or how about checking out what the U.S. government thinks citizens should know about the Constitution? U.S. Citizenship and Immigration Services offers a downloadable study guide for the current naturalization test, with sections on the Constitution.

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Planning a Class Trip to Washington, DC?

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The National Archives Learning Lab in the new Boeing Learning Center offers free, two-hour, hands-on sessions for middle schoolers. These sessions promise to transform the way they look at our Constitution and our history. Students in grades six through nine assume the roles of archivists and researchers, work in replicas of National Archives research facilities, and interact with primary source documents. The program requires reservations and includes pre-visit preparation materials.

Visit the National Archives website for further information about visiting the Washington, DC, facility.