The Bill of Rights and You: Criminal Procedure Throughout History

The Bill of Rights and You: Criminal Procedure Throughout History Washington, DC June 6-10, 2011

A Sign of the Times

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The Bill of Rights and You: Property Rights

Raymon Huston
Department of History LaSalle University

Philips Dickerson
Associate Director of Professional Development

The Bill of Rights and You: Property Rights Osage County, OK September 14, 2012

Mission Statement
Established in 1999, the Institute is a 501(c)(3) not for profit charity focused on providing educational resources on America's Founding documents and principles for teachers and students of American History and Civics. Our mission is to educate young people about the words and ideas of the Founders, the liberties guaranteed in our Founding documents, and how our Founding principles continue to affect and shape a free society.
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Bill of Rights Institute Summary Map

Components of Professional Development

Enhance our own knowledge
There is no knowledge that is not power. ~Ralph Waldo Emerson

Explore new teaching strategies

Enrich the expertise of other teachers

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Overview of Our Curricula

Written by Teachers Evaluated by Teachers Tested by Teachers in the classroom Research-based best practices in civic education

Resources Designed for:

Higher level classrooms Heterogeneous classrooms Low achieving students High School classrooms

Middle School classrooms

Bill of Rights Institute Curricula

Bill of Rights Institute Curricula

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Bill of Rights Institute New Curricula

The Founding Documents: A Three-Act Drama is a perfect resource for 4th through 6th graders. This activity booklet introduces young learners to the stories, people, and ideas behind the Declaration of Independence, the Constitution, and the Bill of Rights through fullcolor original illustrations, playful thematic imagery, engaging readings, activities, and appropriate primary sources. America: the Quiz Game will make a history buff out of your students! Each of the 60 game cards contains four questions on American history including famous people, documents, the Constitution, and landmark Supreme Court cases. Includes over 200 questions. Great for ages 9 and up!
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Oklahoma State Content Standards

A sample of Oklahomas Social Studies Standards meet by this program are:

4.2 Examine the contributions and leadership of George Washington, James Madison, George Mason, and Gouverneur Morris as evidenced in the great issues, debates, and compromises of the Constitutional Convention including the Virginia Plan and the New Jersey Plan, slavery, the Three-fifths Compromise, and the Great Compromise. (CCRIT 2)
1.5 Compare and contrast the property and due process rights in the United States free-market economy which are protected by the United States Constitution to the restricted property and due process rights existing/nonexisting under command economic systems.
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Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

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The Bill of Rights and You: Rights and Responsibilities

Written at 10th & 12th grade level

10 units, each focused on a different topic of the Bill of Rights; 21 lessons

Emphasis on critical thinking and discussion skills Challenges students to reflect on both the rights & responsibilities of American citizenship

Unit Introduction Lesson Overview Essay 12.0 and 10.5 levels (same content) Lesson Lesson Plan Focus Quotations Handouts DVD Introduction Reinforcement Review Extension Options Back of the Book Resources

Answer Key (Pgs. 239-249) Landmark Sup. Court Cases (Pgs. 253-265) Reading Quizzes (Pgs. 269-281) DVD Guides (Pgs. 285-290) Homework Glossary (Pgs. 293-296) Extensions Educational Resources (Pgs. 299-301) Responsibilities Toolbox

He Said What?

Author Author

Friends &Rivals

Big Picture

Myth or Fact

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I know not what course others may Who is Patrick Henry? take; but as for me, give me liberty, or give me death.
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If men were angels, Who isgovernment no James Madison would be necessary.

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They that can give up essential liberty to purchase a little Who is temporary safety, Benjamin Franklin? deserve neither liberty nor safety
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Liberty, when it begins to take Who is George root, is a plant Washington? of rapid growth.

I own that I am not a friend to a very Who is Thomas energetic Jefferson?It is government. always oppressive.
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The Declaration of Who is Thomas Independence Jefferson?

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Poor Richards Who is Almanac Benjamin Franklin?

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Common Sense Who is Thomas Paine?

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Notes of Debates in Who is The Federal James Madison? Convention

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The Preamble to the Who is Constitution Gouverneur Morris?

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Who are The Election of 1800 John Adams and Thomas Jefferson?
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Who are Writers of Alexander The Federalist Papers Hamilton, James Madison and John Jay?
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Participants in The Who are Interview at Alexander Hamilton Weehawken and Aaron Burr?
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Washingtons Neighbor He Who is the opposed George Mason? adoption of the Constitution and never spoke to the General

Authors are of the Who Virginia and and James Madison Kentucky Thomas Jefferson? Resolutions
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Who is George Washington?

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Who is Alexander Hamilton?

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Who is Benjamin Franklin?

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Who is James Madison?

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Who is John Marshall?

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Americas Independence was What is a Myth? declared on July 4, 1776

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The Northwest Ordinance was What is a Fact? passed by the Confederation Congress

The first Bill of Rights in America was written What is a Fact? by George Mason
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Thomas Paine accused George What is a Fact? Washington of treachery

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Washington soaked his teethis anight in What at Fact? Maderia wine

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Brief break

Dr. Raymon Huston Locke, Jefferson, and the Right to Property

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The Most Sacred Property p. 105 In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights. ~James Madison Please read Background Essay, p. 108-109 or p. 110-111What is Property? Why Protect It? Discuss and debrief What ideas from this essay might be surprising or unfamiliar to your students?

The Most Sacred Property p. 105 Please see Handout A p. 112: Focus Quotations Read and discuss with a partner these excerpts from James Madisons essay, Property.

The Most Sacred Property p. 105 Lets discuss! 1. What two kinds of property does Madison identify? 2. According to Madison, what is the relationship between these two types of property? 3. What does Madison mean by whatever is his own in quotation # 8? 4. Had you ever thought of property in terms of self-ownership?

The Most Sacred Property p. 105

Please see Handout B, p. 113 Underline examples of protections of physical property in one color ink. Underline examples of protections of the most sacred right, or freedom of conscience, in another color.

The Most Sacred Property p. 105

How, if at all, does the Bill of Rights protect things like

The right to pursue ones own interests?
The right to dress as you wish? The right to choose ones profession?

The right to a free education?

The right to a job? The right to own as much physical property as one can afford?

The Most Sacred Property p. 105

Homework

Have students write a paragraph explaining which Bill of Rights property protection they believe is most important, and why.
Extensions A. Have students choose something that is of value to them and come to class next time prepared to explain how they would lose political freedom if they lost ownership of that thing. Students might also do research on countries where ownership of that item is illegal. 50

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Brief break

Dr. Raymon Huston Taking and Just Compensation

Lunch Break
During the lunch break, please consider: How might you work with the materials presented to meet the specific needs of your students? Debrief & evaluate the lessons Return at (12:10).

Due Process, Just Compensation, and Private Property , p.114 And it is no less true, that personal security and private property rest entirely upon the wisdom, the stability, and the integrity of the courts of justice. ~Joseph Story, Associate Justice,1833 Please read the background essay, p. 116-117 or p. 118-119.

Due Process, Just Compensation, and Private Property

Working with a partner or two, develop definitions for taken and public use on Handout A, p. 120. What kinds of facilities or purposes would be considered public use?

Voyages National Park

The Bill of Rights and YouRights and Responsibilities

DVD The Bill of Rights and Private Property

Due Process, Just Compensation, and Private Property

DVD viewing Guide 1. List three kinds of property. 2. How does the Fifth Amendment protect property? 3. When did the most government taking of private property occur? 4. What is a regulatory taking? 5. What did the Court decide in Lucas v. South Carolina Coastal Commission? 6. What did the Court decide in Dolan v. City of Tigard? 7. Has the Court upheld laws restricting the use of historic buildings? 8. Does the government have to pay for property damage it causes stopping a riot 9. Should the government be able to take away your home to build a senior citizen center? How much should the government pay you for the home? Who should decide the price?

Due Process, Just Compensation, and Private Property

Working in 3 groups, plan the presentation of your assigned Takings Scenarios role play, p. 121-122.

Due Process, Just Compensation, and Private Property Presentation: Kelo Discussion of Kelo Is the situation described a taking of property? Is the situation a constitutional exercise of government power? If so, what would be the best way to determine just compensation? Update, p. 123

New London, Connecticut; as seen from across the Thames River.

Due Process, Just Compensation, and Private Property Presentation: Causby Discussion of Causby Is the situation described a taking of property? Is the situation a constitutional exercise of government power? If so, what would be the best way to determine just compensation? Update, p. 123

Due Process, Just Compensation, and Private Property Presentation: Dale Discussion of Dale Is the situation described a taking of property? Is the situation a constitutional exercise of government power? If so, what would be the best way to determine just compensation? Update, p. 123

Due Process, Just Compensation, and Private Property Debrief: Was justice done in each scenario? What would you do if you were the property owner in each scenario? Are property rights more or less important than other rights like freedom of speech or press? Why?

How might you use or adapt these lessons for your students?

Dr. Raymon Huston The Federalists Views on Personal Liberty

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What is Liberty?
Unit 8 Overview p. 171 Lesson 1 Plan p. 172 Make a log of all the personal liberties you enjoy throughout your day. How might your students complete such a log? What principles in the Bill of Rights address these liberties? Liberty Bell,
Philadelphia, PA

The Bill of Rights and Your Students Day

Early Morning Privacy Shower Expression Dress Privacy Eat Quartering Religion Press, speech Watch TV, Surf the net, read paper Off to School transportation assembly Expression, due process, search and Seizure, bail classes Assembly, expression, religion, petition lunch After School Civil due process, search and seizure job Assembly, expression, religion extracurricular homework Expression Home Again Assembly, expression, religion, bear arms, quartering friends, family, sleep privacy, search and seizure, bail, speedy trial

What is Liberty?
Focus Quotation, p. 178 The right to swing my fist ends where the other mans nose begins. ~ Chief Justice Oliver Wendell Holmes, Jr. (attributed)

What are some real life examples of this premise?

What is Liberty?
Take a few minutes to skim the background essayp. 174 or 176. What Does Liberty Mean? p. 179 Work in groups to compose a definition of liberty. Share results

Personal Liberty Lesson 1 Reading Quiz, p. 276 1. What did the Founders believe to be a philosophical basis of liberty? 2. According to philosophers such as John Locke and Jean Jacques Rousseau, people surrender some of their natural liberty when they 3. The Founders believed that liberty would not endure in a society unless the people were 4. When liberty is exercised without responsibility, the result is called 5. How does the Bill of Rights protect personal liberty?

DVD Guide: Personal Liberty p. 289

1. What specific rights does the Ninth Amendment protect? 2. What right did the Court uphold in the case Griswold v. Connecticut? 3. What are due process rights? List two ways they have been used. 4. What personal right was at the center of the case Roe v. Wade? 5. What did the Court decide in the case Planned Parenthood v. Casey? 6. Who is Jack Kevorkian? 7. Does the Supreme Court recognize a constitutional right to commit suicide? 8. What did the Court decide in the case Bowers v. Hardwick? 9. What did the Court decide in Lawrence v. Texas? Why?

Discussion The Founders knew and people today argue that there are rights not specifically listed in the Constitution. What are some of these rights and should they be protected by the Ninth Amendment?

liberty 1.freedom from arbitrary or despotic government or control. 2.freedom from external or foreign rule; independence. 3.freedom from control, interference, obligation, restriction, hampering conditions, etc.; power or right of doing, thinking, speaking, etc., according to choice. 4.freedom from captivity, confinement, or physical restraint: The prisoner soon regained his liberty. license 1. lack of due restraint; excessive freedom: "When liberty becomes license, dictatorship is near" (Will Durant). 2. heedlessness for the precepts of proper behavior; licentiousness. 3. a : freedom that allows or is used with irresponsibility b : disregard for rules or standards of personal conduct
www.dictionary.com

What is Liberty?

What is Liberty?
Thinking about these concepts gives rise to discussion of controversial topics as students wrestle with a continuum of license responsibility. Liberty lies in between Tools for civil discourse in the culture of your classroom
Encouragement for students to think about difficult issues in a rational manner Atmosphere of respect for others viewpoints Understanding that reasonable people disagree Others?

Letter to parentsp. 311 The aim of the lesson is not to advance a particular view, but to aid students in exploring the legal and constitutional issues surrounding these subjects.

What is Liberty?
Personal Liberties/Responsibilities Chart, p. 180

Personal Liberties

Responsibilities

Impact of license on society

What is Liberty?
Personal Liberties/Responsibilities Chart, p. 180

Personal Liberties Driving

Responsibilities Obey the law, maintain car

Choosing a career Attend school, achieve credentials, be punctual & dependable

Impact of license on society Driving recklessly can cause injuries & deaths Excessive absences can create a ripple effect of problems

Suggested answers, p. 247

What is Liberty?
As the proportion of responsibility to freedom decreases, the action takes on the quality of license, rather than liberty. License is simply the abuse of freedom.

What is Liberty?
Classroom Activity: Handout D, p. 181 Motorcycle Helmet Laws

Is it a personal liberty to ride a motorcycle without a helmet? Is this a purely private decision or does it impact society? What responsibilities go along with riding a motorcycle? Should states pass laws requiring the use of motorcycle helmets?

What is Liberty?
Wrap-up (p. 173)
Have groups compose a rule that will specify when government should intervene and impose restrictions on citizens personal liberty Have students compare their rule to
Their responses to the focus quotation The 9th Amendment

Homework
LIBERTY acrostic (p. 173) Identify a law that restricts a liberty students believe they have; write a well-reasoned letter to the appropriate official(s) to try to change the law. Should smoking by pregnant women be a personal liberty?

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Constitution Day Sept. 17th

Free Resources Include: Constitutional Quiz Madisons Notes are Missing Constitution Day lesson plans Constitution Cube Constitution Crossword Life Without the Bill of Rights flash activity 12 Page Celebrate the Constitution activity book PDFs of the Founding documents Effective ANY time of year!
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Bill of Rights Day Dec. 15th

You and Your Students will Explore:
The text and history of each of the first 10 Amendments Landmark Supreme Court cases Engaging activities, handouts, and games How the 14th Amendment and Incorporation has impacted the Bill of Rights

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