Americas Heritage Binder High School Edition

7/29/2019 Americas Heritage Binder High School Edition

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“ If a nation expects

to be ignorant and free,

in a state of civilization,

it expects what never was

and never will be.”

an adventure in liberty

A A A A A MERICA MERICA MERICA MERICA MERICA ’’’’’SSSSS HHHHHERITERITERITERITERIT AGE AGE AGE AGE AGE

Developed and provided by

The Houston Independent School District

in cooperation with

The Robert and Janice McNair Foundation

and

The American Heritage

Education Foundation, Inc.

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High School Edition

National Edition

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Thomas Jefferson

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Curriculum Materials for High School Teachers

Teachers are provided these resources as a supplement to school resources as they

deliver instruction focused on developing an understanding and teaching of our

nation’s factual and philosophical heritage to promote Freedom, Unity, Progress, and

Responsibility among our students and citizens.

Developed and provided by:

The Houston Independent School District

in cooperation with

The Robert and Janice McNair Foundation

and

The American Heritage Education Foundation, Inc.

3501 W. Alabama, Suite 200

Houston, TX 77027-6035

Phone: 713-627-2698

Fax: 713-572-3657

email: [email protected]

www.americanheritage.org

Teachers are free to copy any of these materials for educational purposes.

2008



Copyright © 2008 The American Heritage Education Foundation, Inc.

May be duplicated for educational purposes.



Table of Contents - High School (National)

Purpose 6

Letter from Superintendent 7

Forward: The Miracle of America 8

Preface: From Oppression to Freedom 9

Unit Theme Page

American Heritage Themes 21

Character Education Focus - September

1622 - The Mayflower Compact Responsibility 29

Character Education Focus - October

1776 - The Declaration of Independence Freedom 39

Character Education Focus - November

1787 - Federalist 47 Responsibility 59Character Education Focus - December

1787 - U. S. Constitution Freedom 81

Character Education Focus - February

1787 - Bill of Rights: Rights and Responsibilities Responsibility 107

Character Education Focus - February

1791 - The First Amendment Unity 115

Character Education Focus - March

1776-1791 - Our National Documents Progress 125

Character Education Focus - September

1794 - Entrepreneurs in History Progress 135

Character Education Focus - April

Cornelius Vanderbilt

Andrew Carnegie

James Hill

John D. Rockefeller

1916 - American’s Creed Responsibility 155

Character Education Focus - January

1976 - U. S. Flag / Federal Flag Code Freedom 157

Character Education Focus - March

1998 - Religious Expression in Public Schools Unity 167

Character Education Focus - May

2000 - What is an American? Responsibility 185

Character Education Focus - May



The American Heritage Education Foundation, Inc. (AHEF) is a non-profit corporation dedi-

cated to the understanding and teaching of our nation’s factual and philosophical heritageto promote freedom, unity, progress, and responsibility among our students and citizens.

AHEF has provided these materials to help students become thoughtful, active, and pro-

ductive citizens.

For more information, contact:

The American Heritage Education Foundation, Inc.3501 West Alabama, Suite 200

Houston, Texas 77027-6035(713) 627-2698

(713) 572-3657 facsimile

www.americanheritage.org

PurposePurposePurposePurposePurpose

Note to EducatorsNote to EducatorsNote to EducatorsNote to EducatorsNote to Educators

Before engaging in the lessons and activities of America’s Heritage: An Adventure in Liberty

High School Edition (grades 9-12), educators are encouraged to assess and/or review the skills

and content students have been exposed to and have learned in grades 6-8.





FOREWORD

The Miracle of America:

A Revolutionary Idea

In only a little more than 200 years, our ancestors transformed this country from a wilderness

into a great nation. This nation demonstrates what can be accomplished by free people who

create a government limited to serving the people rather than being their master.

The moral and ethical basis of good conduct was derived from the faith that built America.

That faith grew from the common belief that each individual is endowed with basic rights

and responsibilities by our Creator. That is the foundation of our democratic republic expressed in the Declaration of Independence.

Today, we live in a highly interdependent society that cannot work well unless there is a

general agreement on the rules of good conduct and the penalties for the violation of these

rules. Our Founding Fathers also emphasized that a democratic republic cannot survive

without a high degree of literacy and knowledge.

More importantly, the survival of our democratic republic depends on trustworthy citizens

who support a common set of moral and spiritual values for individual conduct, values

rooted in the beliefs and knowledge of the Founders of America who were responsible for writing the Declaration of Independence.

The character of society is determined by how well it transmits true and time-honored values

from generation to generation. These values are not an add-on or supplement to national

values but rather determine the character and essence of the country itself.

I commend the educators who will use this material in teaching their students the roots of our

heritage and the responsibilities of American citizenship as well as the need for all of us to

express our patriotism and love of country to those we touch.

Dr. Richard J. Gonzalez

Co-founder,

American Heritage Education Foundation



PREFACE

1776From Oppression to Freedom

Modern History’s First Experiment in Self-Government: Do Americans Today Understand What Freedom Really Means?

The concepts of freedom, equality of all men, unalienable rights, and self-government of, by,

and for the people are, historically, very new ideas. Modern man’s recorded history is approximately5,000 years old, yet the American experiment in self-rule is only 225 years old.

What types of governments or societies existed on our earth prior to 1776? Except for the city-

states of classical Greece and, to a lesser degree, parliamentary England after the 1642-48 English civil

war, all nations were organized in one form or another under “Ruler’s Law” in which all power and

decision-making rests in one central, authoritarian unit. Ruler’s Law has existed in many forms:

Monarchy: a royal government headed by a monarch, a hereditary

sovereign or king, who rules by ‘divine right,’

Autocracy: government by an absolute dictator or monarch who rules by

inherent right, subject to no restrictions,

Plutocracy: government by an exclusive, wealthy class,

Aristocracy: government by those with inherited titles or those who

belong to a privileged class,

Oligarchy: government by an exclusive few,

Empire: an aggregate of kingdoms ruled by a monarch called an

emperor,

and

Military Dictatorship: government by one or a few top military leaders.

(Skousen, The Making of America 44)



Ruler’s Law possesses definite, key characteristics that its related forms of government tend to

hold in common:

1. Government power is exercised by compulsion, force, conquest, or

legislative usurpation.

2. Therefore, all power is concentrated in the ruler.

3. The people are treated as subjects of the ruler.

4. The land is treated as the realm of the ruler.

5. The people have no unalienable rights.

6. Government is by the rule of men rather than by the rule of law.

7. The people are structured into social and economic classes.

8. The thrust of government is from the ruler down, not from the people

upward.

9. Problems are solved by issuing new edicts, creating more bureaus,

appointing more administrators, and charging the people more taxes to pay for

these services.

10. Freedom is not considered a solution to anything.

11. The transfer of power from one ruler to another is often by violence.

12. Countries under Ruler’s Law have a history of blood and terror, in both

ancient and modern times. The lot of the common people being ruled is one of

perpetual poverty, excessive taxation, stringent regulations, and continuous,

oppressive subjugation to the rulers.

(Skousen 44-45)

In 1776, Charles Pinckney, the first president of South Carolina’s first congress and a delegate

to the Federal Constitutional Convention, in considering the governments of the world, observed:

“Is there at this moment, a nation upon earth that enjoys this right [freedom and democ-

racy], where the true principles of representation are understood and practiced, and

where all authority flows from and returns at stated periods to the people? I answer,

there is not. All existing governments we know have owed their births to fraud, force,

or accident” (Elliot cited in Skousen 3).

This stifling social oppression under Ruler’s Law resulted in very little human or economic

progress throughout history, meaning that little opportunity existed for commoners to improve their

lives beyond a bare subsistence level. In Europe, including England, for a commoner or slave to even



consider the possibility of freeing himself from his life of social and economic servitude was simply

unthinkable and would have been a treasonous offense of religious heresy. While the American colo-

nists were left mostly to themselves from 1607 to 1763 and generally governed themselves along vari-

ous themes emphasizing freedom of land ownership, market, trade, and religion for over 150 years, the

English monarch and British parliament very strongly regarded the American colonies as English colo-

nies and the colonists themselves as British subjects—not Englishmen.

In England, the monarchy (made up of hereditary rulers) dominated life. This dominance by the

monarchy was justified and supported by the Church of England which solidified its own powerful

standing in English life by affirming the monarchy’s Divine Rights in exchange for ecclesiastical power.

This system of state-church power imposed a social ladder on society with the monarch at the top of the

ladder followed by a limited number of positions at each lower socio-political rung. The Church of

England justified this hierarchical class order on the basis that this was God’s will and was a part of the

natural order of life—part of the great chain of existence from king to servant/slave that provided order

for the entire universe. Further, England’s schools and churches affirmed that no one could advance or

prosper on this societal ladder above his or her predestined position. The English people were expected

to know their place within this pre-established social class order and to duly perform the duties of their

station in life.

When English parliamentary sovereignty became established in 1688 as a result of the English

civil war, the monarch remained sovereign in name only. However, this change at the top of the socio-

economic ladder did very little to affect the largest portion of the English population who still consid-

ered themselves ruled by the powerful upper-class of English life. The American colonists still consid-

ered themselves Englishmen ruled by the King of England.

Interestingly, several generations of American colonists from 1607 to the mid 1750’s suffered

few English impositions due to the colonies’ slow economic development, distance from England, and

general unimportance to England. The colonies, therefore, developed a rather natural free market and

free trade system of capitalism based on private land ownership, individual initiative, competition, and

supply and demand. Freedom of religion was also a key component of colonial life. However, the

colonists’ relative freedom from English imposition did not last. Because of the French and Indian

Wars (1754-1763), the British national debt doubled, and by the 1760’s, the English treasury lay in

shambles. As the colonial economic system grew, England began a stringent effort to enforce the

Navigation Acts of a hundred years earlier in the 1650’s and 1660’s. The Proclamation Line of 1763,

the Sugar Act (1764), the Currency Act (1764), the Stamp Act (1765), the Townsend Acts (1767), the

Quartering Acts (1766 and 1774), and the Quebec Act (1774) were all attempts by the British to replen-

ish its treasury and to gain absolute control of the colonists and their growing colonial economy.

As the American colonists gradually realized that the king and Parliament would never volun-tarily release their control over their subjects and that the socio-political structure of society was un-

likely to change with respect to how England viewed the colonists, they began to recognize their ulti-

mate need to permanently break away from their homeland. They were not, however, brash or ignorant

in making their decision. Many of these Americans, who would later become the “Founding Fathers”

of a new country, carefully studied their philosophical position with England. They knew the classics

and Biblical, Greek, Roman, European, and American history. Their minds, Skousen notes, were

arguably more far-ranging and profound than those of any collection of advanced scholars in the field

of political studies up to and including the present: “The Founders often read the classics in their

original language. They were familiar with Plato’s Republic and his Laws; with Aristotle’s Essay on



Politics; with the political philosophy of the Greek historian, Polybius; with the great defender of republican

principles, Cicero; with the legal commentaries of Sir Edward Coke; with the essays and philosophy of Francis

Bacon; with the essays of Richard Hooker; with the dark foreboding of Thomas Hobbes’ Leviathan; with the

more optimistic and challenging Essays on Civil Government, by John Locke; with the animated Spirit of The

Laws, by Baron Charles de Montesquieu of France; with the three-volume work of Algenon Sidney who was

beheaded by Charles II in 1683; with the writings of David Hume; with the legal commentaries of Sir William

Blackstone; and with the economic defense of a free market economy by Adam Smith called The Wealth of

Nations” (61).

In June of 1776, Thomas Jefferson, a well-educated Virginian lawyer, was asked to formally

prepare and write America’s Declaration of Independence. None of the Founders “could have brought

to this assignment a more profound and comprehensive training in history and political philosophy than

Jefferson. Even by modern standards, the depth and breadth of his education are astonishing. . . . He

had begun the study of Latin, Greek, and French at the age of nine. At the age of sixteen he had entered

the College of William and Mary at Williamsburg as an advanced student. At the age of nineteen he

had graduated and immediately commenced five years of intensive study with George Wythe, the first

professor of law in America. During this period he often studied twelve to fourteen hours per day.

When he was examined for the bar he seemed to know more than the men who were giving him theexamination. By the time Jefferson had reached early adulthood, he had gained proficiency in five

languages. He had studied the Greek and Roman classics as well as European and English history and

the Old and New Testaments” (Skousen 27).

While studying the history of ancient Israel and before writing the Declaration, Jefferson made

a significant discovery. He saw that at one time the Israelites, after having come out of Egypt between

1490 and 1290 B. C., practiced the earliest and most efficient form of representative government in an

otherwise tyrannical world. The Israelites were led by Moses, a man of great notoriety among the Jews

in that day because he had spent forty years in the palace of the Pharaoh and was being groomed in

Ruler’s Law to succeed the Pharaoh on the throne of Egypt. (Skousen 48) Governing 600,000 Israelites

by Ruler’s Law, as it were, proved an impossible task for Moses. He therefore organized the people

into groups of a thousand families with one leader per group. He further divided these groups into

smaller sub-groups each with its representative leader—hence history’s first experiment in representa-

tive self-government among family groups. (50) “As long as the Israelites followed these fixed pat-

terns of constitutional principles they flourished. When they drifted from these principles, disaster

overtook them” ( 27).

Jefferson also learned that the Anglo-Saxons, who came from around the Black Sea in the fifth century

A. D. and spread all across Northern Europe, somehow got hold of and practiced these same principles

following a pattern almost identical to that of the Israelites until around the eighth century A. D. . (Skousen 32)

As a result, the Anglo-Saxons were an extremely well-organized and efficiently-governed people in their day.(54-55) Jefferson became proficient in the language of the Anglo-Saxons in order to study their laws in their

original tongue. He noticed the striking resemblance between Anglo-Saxon laws and the system of represen-

tative law established by Moses. Jefferson greatly admired these laws of representative government—”An-

cient Principles” he called them—and constantly emphasized the need to return to them. ( 27-28) “It is

interesting,” notes Skousen, “that when Jefferson was writing his drafts for the Virginia Constitution prior to his

writing of the Declaration of Independence, he was already emphasizing the need to return to the ‘Ancient

Principles’” (28).



“For seventeen days Jefferson composed and revised his rough draft of the Declaration of Indepen-

dence. The major portion of the Declaration is taken up with a long series of charges against King George III

[of England]. However, these were nearly all copied from Jefferson’s draft of the Virginia Constitution and his

summarized view of the Rights of British America. To copy these charges into the Declaration would not have

taken him more than a single day. What was he doing the other sixteen days? It appears that he spent most of

the remaining time trying to structure into the first two paragraphs of the Declaration at least eight of the Ancient

Principles in which he had come to believe. His views on each of these principles are rounded out in other

writings, and from these various sources we are able to identify the following fundamental principles in the first

two paragraphs of the Declaration of Independence:

1. Sound government should be based on self-evident truths. These truths

should be so obvious, so rational, and so morally sound that their authenticity is beyond

reasonable dispute.

2. The equal station of mankind here on earth is a cosmic reality, an obvious

and inherent aspect of the law of nature and of nature’s God.

3. This presupposes (as a self-evident truth) that the Creator made human

beings equal in their rights, equal before the bar of justice, and equal in His sight (with

individual attributes and personal circumstances in life varying widely).

4. These rights which have been bestowed by the Creator on each individual

are unalienable; that is, they cannot be taken away or violated without the offender

coming under the judgment and wrath of the Creator. A person may have other rights,

such as those which have been created as a ‘vested’ right by statute, but vested rights are

not unalienable. They can be altered or eliminated at any time by a government or ruler.

5. Among the most important of the unalienable rights are the right to life,

the right to liberty, and the right to pursue whatever course of life a person may desire in

search of happiness, so long as it does not invade the inherent rights of others.

6. The most basic reason for a community or a nation to set up a system of

government is to assure its inhabitants that the rights of the people shall be protected

and preserved.

7. And because this is so, it follows that no office or agency of government

has any right to exist except with the consent of the people or their representatives.

8. It also follows that if a government, either by malfeasance or neglect, fails

to protect those rights—or, even worse, if the government itself begins to violate those rights—

then it is the right and duty of the people to regain control of their affairs and set up a form of

government which will serve the people better”

(Skousen 28).



From their studies of the classics and these ancient principles, the Founders sorted out what they considered

to be the best and most enduring ideas for the prosperity and peace of a free people under a republican system

of self-government. Their resulting Declaration of Independence established a New Order of the Ages based

on the belief that man’s freedom was a gift from God, not given or taken away by a mortal king as was the case

under the Old Order.

The principles of the Declaration were clearly very strongly influenced by the Bible. The Founders

interpreted the Bible differently than the Church of England. They believed that the Bible revealed that

all individuals regardless of race, creed, or color were free and equal in the eyes of God and should not

be subservient to mortal men or man-made, vested rights but only to God Himself and His laws. The

Founders’ independent study of the Bible without the coercion of the state Church of England helped

them reach these general beliefs—that all men, whether they believed in God or not, whether or not

they were of different religious, social, economic, or educational backgrounds; of different mental or

physical characteristics and ability; or of any other difference of any kind; were equal before the Cre-

ator with respect to their God-given rights. This Declaration, our nation’s birth certificate, is still

considered next to the Bible history’s greatest written philosophy about the unalienable rights of every

man, woman, and child and the people’s free will to govern themselves in any way they choose. The

first two paragraphs of the Declaration express these convictions:

When in the Course of human Events, it becomes necessary for one People to

dissolve the Political Bands which have connected them with another, and to assume

among the Powers of the Earth, the separate and equal Station to which the laws of

Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind

requires that they should declare the causes which impel them to the Separation.

We hold these truths to be self-evident, that all men are created equal, that they

are endowed by their Creator with certain unalienable Rights, that among these are

Life, Liberty and the pursuit of Happiness—That to secure these Rights, Governments

are instituted among Men, deriving their just Powers from the Consent of the Governed,

that whenever any Form of Government becomes destructive of these Ends, it is the

Right of the People to alter or to abolish it, and to institute new Government, laying its

Foundation on such Principles, and organizing its Powers in such Form, as to them

shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will

dictate that Government long established should not be changed for light and transient

Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to

suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to

which they are accustomed. But when a long Train of Abuses and Usurpations, pursu-

ing invariably the same Object, evinces a Design to reduce them under absolute Despo-

tism, it is their Right, it is their Duty, to throw off such Government, and to provide new

Guards for their future Security. Such has been the patient Sufferance of these Colo-nies; and such is now the Necessity which constrains them to alter their former Systems

of Government. The History of the present King of Great-Britain is a History of re-

peated Injuries and Usurpations, all having in direct object the Establishment of an

absolute Tyranny over these States. To prove this, let Facts be submitted to a candid

World.

It is clear that the Founder’s believed that this new nation was “A Nation Under God” even if

all of its citizens did not necessarily believe in a Supreme Being or attend a church. Indeed, a non-believer’s

right of thought opposing the idea of a God was just as important and just as protected as the right of others to



believe in a Supreme Being as the source of the nation’s freedom. Accordingly, the Founders felt that a national

government should not create a national church to support the government and to coerce its citizens as the

English government had done with the Church in England—that in this sense the government and the church

should be separate in order to maintain equality among all religions. They believed that private citizens should

have the freedom to choose their own religion and church without government influence as well as the freedom

not to believe in God or to attend any church. At the same time, the Founders themselves strongly believed that

the underpinnings and foundation of the new country and the rights of its people were inspired by a Supreme

Being whose law was delineated in the Bible—a book which they felt should be openly and freely discussed

and studied in their schools, businesses, and governmental institutions. The conclusion of the Declaration

evinces their belief both in a Supreme Being and in the right to freedom from British rule:

We, therefore, the Representatives of the United States of America, in General Con-

gress, assembled, appealing to the Supreme Judge of the world for the rectitude of our

intentions, do, in the Name, and by Authority of the good People of these Colonies,

solemnly publish and declare, that these United Colonies are and of Right ought to be

Free and Independent States; that they are Absolved from all Allegiance to the British

Crown, and that all political connection between them and the State of Great Britain, is

and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and

do all other Acts and Things which Independent States may of right do. And for the

support of this Declaration, with a firm reliance on the Protection of Divine Provi-

dence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor .

To declare independence from Britain meant to proclaim the religious, social, political, and

economic freedom of all men. The implications of this Declaration of Independence were historically

monumental by philosophically undermining the entire socio-economic, political, and religious foun-

dations of any country under Ruler’s Law. Since every nation in the world in 1776 governed its people

under Ruler’s Law, the Declaration of Independence tore out by its roots the centuries-old practice of

government under such law.

It is therefore easy to understand that “the delegates who subscribed to this document signed

their names in blood. Had the Americans lost the Revolutionary War and been captured, they would

have been summarily convicted of treason. The penalty for high treason against the British Crown was:

To be hanged by the head until unconscious.

Then cut down and revived.

Then disemboweled and beheaded.

Then cut into quarters.

Each quarter was to be boiled in oil and the remnants scattered abroad so that thelast resting place of the offender would remain forever unnamed, unhonored, and

unknown”

(Skousen 31).

In light of such severe, appalling penalty, what kind of men were they that declared themselves to be

independent from Great Britain? Were they thoughtless, impulsive, violent men? Twenty-four were lawyers

and jurists, eleven were merchants, and nine were farmers and large plantation owners. They were men of

means, well-educated. They signed the Declaration of Independence knowing full well that the penalty would

be death if they were captured. Their fates are told in “The Price They Paid”:



In light of such severe, appalling penalty, what kind of men were they that declared themselves to be

independent from Great Britain? Were they thoughtless, impulsive, violent men? Twenty-four were lawyers

and jurists, eleven were merchants, and nine were farmers and large plantation owners. They were men of

means, well-educated. They signed the Declaration of Independence knowing full well that the penalty would

be death if they were captured.

“Five signers were captured by the British as traitors and tortured before they died. Twelve had their

homes ransacked and burned. Two lost their sons in the Revolutionary Army. Another had two sons captured.

Nine of the 56 fought and died from wounds and the hardships of the Revolutionary War.

Carter Braxton of Virginia, a wealthy planter and trader, saw his ships swept from the seas by

the British navy. He sold his home and properties to pay his debts and died in rags.

Thomas McKean was so hounded by the British that he was forced to move his family almost

constantly. He served in the Congress without pay, and his family was kept in hiding. His possessions

were taken from him, and poverty was his reward.

Vandals or soldiers or both looted the properties of Ellery, Clymer, Hall, Walton, Gwinnett,Heyward, Ruttledge, and Middleton.

At the Battle of Yorktown, Thomas Nelson, Jr. found that the British General Cornwallis had

taken over the Nelson home for his headquarters. Nelson quietly urged General George Washington to

open fire, which was done. The home was destroyed, and Nelson died bankrupt.

Francis Lewis had his home and properties destroyed. The enemy jailed his wife, and she died

within a few months.

John Hart was driven from his wife’s bedside as she was dying. Their 13 children fled for their

lives. His field and his grist mill were laid waste. For more than a year he lived in forests and caves,

returning home after the war to find his wife dead, his children vanished. A few weeks later he died

from exhaustion and a broken heart.

Norris and Livingston suffered similar fates.

Such were the stories and sacrifices of the American Revolution. These were not wild-eyed,

rabble-rousing ruffians. They were soft-spoken men of purpose and education. They had security, but

they valued freedom more.” (Hildreth)

And so it has been with thousands of Americans for over two centuries who have sacrificedtheir lives and bodies to defend freedom from oppression not only in America but in countries all

around the world. Americans have long helped natives in war-torn lands rebuild their once-oppressed

countries in order to stimulate the common people to lift themselves out of destruction and depression.

The spirit of freedom and brotherhood among Americans and toward other nations has many times

inspired a responsibility to help our neighbors as well as old war enemies. This spirit is based on the

strong American belief that every person’s right to life, liberty, and the pursuit of happiness should be

respected. Helping rebuild Germany and Japan after World War II are perhaps our country’s most

dramatic examples of forgiving our enemies and helping them recover from war’s devastation once

their tyrannical and aggressive governments were deposed.



When considering why so many average Americans have dedicated their lives to preserve freedom,

we consider the same reasons why millions of people from all over the world have migrated to America

from foreign countries—for the political, social, religious, and economic rights preserved in our nation and

defended by its Constitution for all of its citizens. Some of these rights, many of which are found in the Bill

of Rights, the first ten amendments to the Constitution, include:

The Right to freedom of religion, to believe and worship as one chooses, abiding by the law,

The Right to free speech and a free press, abiding by the law,

The Right to assemble peaceably,

The Right to keep and bear arms,

The Right to privacy in and protection of citizens’ homes and possessions, per the law,

The Right to life, liberty, and property, per the law,

The Right to petition for redress of grievances,

The Right to Habeas Corpus, protection from unlawful or unauthorized imprisonment, and to

no excessive bail,

The Right to fair trial, trial by jury, legal counsel, and to be innocent until proven guilty,

The Right to humane treatment and punishment,

The Right to states any powers not delegated to or prohibited by the United States,The Right to free elections and personal secret ballot,

The Right to freedom from slavery or servitude for law-abiding citizens,

The Right to equal protection of the laws, and

The Right to vote.

Related rights Americans enjoy as part of our inherent rights and based on Constitutional rights include:

The Right to freedom from arbitrary government regulation and control,

The Right to the service of government as a protector and referee,

The Right to move about freely at home and abroad,

The Right to work in callings and localities of our choice,

The Right to bargain with our employers and employees,

The Right to go into business and compete for a profit,

The Right to bargain for goods and services in a free market, and

The Right to contract our affairs.

These are the rights in our country for which Americans are willing to die. Such devotion has reaped

a nation with unprecedented freedoms and prosperity.

Jefferson was one such American of devotion. During the American Revolution, Jefferson, who had

become a delegate to Virginia’s state assembly, was convinced that the Americans were going to win their battle for freedom. He feared, however, that they would not know what to do with their freedom. It therefore

was Jefferson’s hope that if he could guide Virginia to be a model for other states, that the newly liberated

people would be psychologically and constitutionally prepared to govern themselves. In October, 1776,

Jefferson literally smothered the Virginia House with new bills in an effort to establish “a system by which every

fiber would be eradicated of ancient or future aristocracy and a foundation laid for a government truly repub-

lican” (Bergh cited in Skousen 34).

Although it took many years to achieve the adoption of all of his reforms, Jefferson, due to his unusual

intensity and aggressiveness, was largely responsible for clearing out traces in Virginian law of feudalism,

aristocracy, slavery, and the worst parts of British statutory law which Virginia had inherited from England.



By the end of the nineteenth century, this political and economic formula for freedom that Americans

continually fought for was beginning to give Americans the highest standard of living in the world. With less

than 6 percent of the earth’s population, our spirit of freedom, creativity, ingenuity, and private economic

opportunity enabled Americans to produce more than half of the entire world’s goods and services. The

free-market, capitalist system envisioned by the Founders was based on those prevalent and firm ideas of

freedom and individual rights combined with the following common-sense ideas of economic advancement:

1. Nothing in our material world comes from nowhere—everything in our

economic life has a source, a destination, and a cost that must be paid.

2. All production of goods and services come from the people, not government. Everything

that government gives to the people must first be taken from the people.

3. In a free country, all employment ultimately comes from customer

purchases. If there are no customers, there can be no jobs. Worthwhile job security is

derived from these customer purchases and customer satisfaction.

4. Job security is a partnership between workers and management to win and hold customers.

5. Workers’ wages are the principal cost of goods and services. Wage

increases must result in greater production to avoid increases in the cost of living.

6. All productivity is based on natural resources whose form and placement

are changed by human energy with the aid of tools.

7. In a free country, tools come from temporary self-denial by people in

order to use part of their earnings as capital for the production of new tools.

8. The productive and efficient use of tools has always been highest in a free and competitive

country where decisions and action are made by free, progress-seeking individuals, rather

than in a central government-planned society under Ruler’s Law where the Ruler’s primary

goal is to preserve their position of authority over the people.

A comparison between United States and Soviet Union economies in 1991 demonstrates the eighth item:

U. S. A U. S. S. R.

(Free country) (Centrally-Planned country

with Ruler’s Law)

Population 250,410,000 290,938,000Area 3,618,769 sq. mi. 8,649,496 sq. mi.

Gross National Product (GNP) $5,234 billion $2,526 billion

GNP Per Capita $21,040 $8,819

Food Expenditure as a % of

Total Private Consumption 12.2% 38.0%

Telephones/100 people. 76.0 11.3

Televisions/1,000 people 812 319

Radio Receivers/1,000 people 2,120 686

No. of deaths/1,000 people 8.7 10.4

Life Expectancy 75.6 69.5

Infant Mortality Rate/1,000

live births 10.4 23.7

(Statistical Abstract of the U. S., 1991)



It is clear that as a free-market economy based on free private opportunity, the U. S. has achieved a larger and

more mature economy than the Soviet Union under a Ruler’s Law system even though the Soviet Union has

more resources including coal, natural gas, crude oil, cement production, nitrous ammonia production, market-

able potash, iron ore, manganese ore, zinc, nickel, lead, and chromite. The United States’ economic system,

a product of a free society and free economic opportunity, encourages individuals and companies to make a

profit in order for business to expand, thereby providing more jobs, more production, and increasing profits

that, ultimately, help the entire nation to prosper.

Hard work, frugality, and thrift then make possible compassion for those citizens who need

assistance. Alexis de Toqueville wrote in 1835 in his Democracy in America that Americans were on

their way to becoming the most prosperous and best educated people in the world who also happened to

be the freest people in the world. The world would also learn that America contained the most gener-

ous people on earth. Private citizens in the U. S. donate billions of dollars to charities, schools, univer-

sities, libraries, foundations, hospitals, churches, synagogues, and a multitude of other important be-

nevolent causes. In 1993, for example, individual charitable deductions amounted to a staggering

$126.2 billion from over 35,700 non-governmental, non-profit organizations whose goals were to as-

sist and aid in social, educational, religious, and other activities deemed to serve the common good.

Over 68,400 grants exceeding $10,000 and totaling $5.6 billion were made by private and corporatefoundations across the country. An astonishing forty-eight percent (48%) of the adult population con-

tributed an average of 4.2 volunteer hours per week across the country in the fields of education, health,

human services, youth development, religion, foreign aid, etc. This level of voluntary gifts, donations,

and time far exceeds that of any other country in the history of mankind.

Though free-market economics based on free political institutions and personal freedom and

responsibility was not widespread throughout the world even in the 1990’s, the free-market economy

based on freedom has proven itself enormously successful. The Founding Fathers should receive the

highest scores possible for designing a remarkable system of social, political, and economic freedom

that, while having imperfections, is the admiration of people everywhere who believe that freedom, as

envisioned by the Declaration of Independence and the U. S. Constitution, is the key to progress for the

betterment of all of a nation’s citizens.

It is vitally important that our students and our citizens become increasingly proficient and

well-informed in the inspired, virtuous, and noble ideas that are our nation’s foundation for a free

society. By learning and understanding the basic philosophical concepts of freedom, education, private

investment, job growth, and profit incentive, our students will be better equipped to approach the

responsibilities and tasks to act and serve in society. In knowing our nation’s historical and political

foundation, our citizens and students will perpetuate this ongoing miracle of a viable and energized

constitutional republic so that freedom, unity, progress, and responsibility through this system of self-

government will not perish from our earth.




Works Cited

Bergh, Albert, E., ed. The Writings of Thomas Jefferson, Washington, D. C.: Thomas Jefferson

Memorial Association, 1907.

Boyd, Julian P., ed. The Papers of Thomas Jefferson. 20 vols. Princeton, NJ: Princeton University

Press, 1950-.

Constitution of the United States. Washington, DC: U. S. National Archives and Records

Administration. <www.archives.gov>.

Declaration of Independence, 1776. Washington, DC: U. S. National Archives and Records

Administration. <www.archives.gov>.

Elliot, Jonathan, ed. The Debates in the Several State Conventions on the Adoption of the Federal

Constitution. 5 vols. Philadelphia: J. B. Lippincott Company, 1901.

Hildreth, Gary. The Price They Paid . San Mateo, CA: National Federation of Independent Business.

Skousen, W. Cleon. The Making of America: The Substance and Meaning of the Constitution.

Washington, D. C.: National Center for Constitutional Studies, 1985.

Library of Congress call number KF4541.S55 1985.

Statistical Abstract of the United States, 1991.

Toqueville, Alexis de. Democracy in America. 1835, 1840. 12th ed. 2 vols. New York: Vintage

Books, 1945.



★ American Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage Themes ★

PurposePurposePurposePurposePurposeThe purpose of this lesson is to develop

meanings for the four important themes

in American history--freedom, unity,

progress, and responsibility. One themeis stressed in each of the lessons in the

curriculum materials. The themes are

drawn from the work of the Founding

Fathers as they discussed the formation

of the United States.

Object iveObject iveObject iveObject iveObject ive1. The student will define freedom,

unity, responsibility, and progress in

American history.

2. The student will analyze and discusshow various quotations relate to these

themes.

3. The student will illustrate the

meaning of one selected theme.

ThemeThemeThemeThemeThemeAmericans are responsible for

communicating to future generations a

blueprint of the ideas of how the country

was formed, gained freedom, and unified

our citizens to progress toward a better

life for ALL people.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIIc. identify and describe significant

historical periods and patterns of change

FocusFocusFocusFocusFocusStudents are to develop the meaning of the four themes of American Heritage. Write the words

freedom, unity, progress, and responsibility on the board. Ask students what they think each of

the words mean, and write their responses near the word. Read one of the quotes from the

handout about each one of the themes, and ask students how the quotes relate to the definitions

the students have provided.

within and across cultures.

IXf. analyze or formulate policy statements

demonstrating an understanding of concerns,

standards, issues, and conflicts related to

universal human rights.Xa. explain the origins and interpret the

continuing influence of key ideals of the

democratic republican form of government....

Xd. practice forms of civic discussion and

participation consistent with the ideals of

citizens in a democratic republic.

TimeTimeTimeTimeTime60 minutes

Mater ialsMater ialsMater ialsMater ialsMater ials★ American Heritage Themes handout

★ American Heritage Themes templates

★ “From Oppression to Freedom” Essay (in

Introduction)

★ Loyalty Day Proclamations

★ Art supplies (as needed)

★ Website - www.americanheritage.org

PreparationPreparationPreparationPreparationPreparation

★ Copy American Heritage Themes handoutfor each student.

★ Copy American Heritage Themes

templates (as needed).

★ Gather art supplies (as needed).

★ Expand the American Heritage Themes to

poster size and post in room.



★★★★★ American Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage Themes ★

continued

A c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yTeachers may select one or more of these activities for their students.

1. Have groups of students develop a frieze to illustrate one of the themes. Each group may

demonstrate and/or explain to the class their illustration.

2. Have students working individually or in groups use copies of the templates, art paper, or poster

boards to illustrate the meaning of one or more of the themes. Students could use words,

sentences, paragraphs, pictures, or quotations from the handout or from other sources. Student

should consider the meaning of the themes for Americans today.

3. Have students develop a bumper sticker to illustrate the meaning of one or more of the themes.

4. Read/discuss the essay, “From Oppression to Freedom,” as a class. Have students individually

or in groups analyze segments of the essay in order to understand its terms and meaning.

Students can share and discuss their analyses with the rest of the class.

5. Read and discuss the main points and meaning of the excerpts from the Loyalty Day

proclamations. Students may research the history of Loyalty Day in the U. S. Students may also

read the American Heritage Month excerpt. Discuss the importance of recognizing, honoring, and

being informed about America’s history and heritage. (See Links page on

www.americanheritage.org for additional resources on Loyalty Day.)

ClosureClosureClosureClosureClosureRemind students that freedom, unity, progress, and responsibility are themes from American

history that are still important today.



★★★★★ American Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage Themes ★

Freedom, unity,Freedom, unity,Freedom, unity,Freedom, unity,Freedom, unity,

progress,progress,progress,progress,progress, and

responsibility responsibility responsibility responsibility responsibility are central

themes in America’s heritage

that generations of Americans

from various backgrounds

have embraced

for over two centuries.

The God who gave us life,gave us liberty at the same time.

Thomas JeffersonThomas JeffersonThomas JeffersonThomas JeffersonThomas Jefferson1743-1826

There is nothing on this earthmore glorious than a man’s freedom, and

no aim more elevated than liberty.Thomas PaineThomas PaineThomas PaineThomas PaineThomas Paine

1737-1809

Is life so dear or peace so sweet,as to be purchased at the price

of chains or slavery?Forbid it, Almighty God!I know not what course

others may take, but as for me,give me liberty or give me death!

Patrick Henry Patrick Henry Patrick Henry Patrick Henry Patrick Henry 1736-1799

We must all hang together, or assuredly we shall all hang separately.

Benjamin FranklinBenjamin FranklinBenjamin FranklinBenjamin FranklinBenjamin Franklin1706-1790

E PLURIBUS UNUM – From Many, OneThe Great Seal of the UnitedThe Great Seal of the UnitedThe Great Seal of the UnitedThe Great Seal of the UnitedThe Great Seal of the United

StatesStatesStatesStatesStates1782

Be Americans.Let there be no sectionalism,

no North, South, East or West:You are all dependent on one another

and should be in union.In one word, be a nation:

be Americans, and be true to yourselves.George WashingtonGeorge WashingtonGeorge WashingtonGeorge WashingtonGeorge Washington

1732-1799

This society of free, self-reliant individuals has

brought about the greatest outburst of creative

human energy ever known, producing more

social, economic, and health advances than ever

before in history---the miracle that is America. Yet

there is more to do. The most rapid, permanent

progress is achieved through individual freedom,

education, productivity, and morality.

Dr. Richard J. GonzalezDr. Richard J. GonzalezDr. Richard J. GonzalezDr. Richard J. GonzalezDr. Richard J. Gonzalez1912-1998

The main fuel to speed our progress is our stock of knowledge, and the brake is

our lack of imagination. The ultimate resource is people—skilled, spirited and hopeful people who will exert their wills and imaginations for their own benefit,and so, inevitably, for the benefit of all.

Julian Simon Julian Simon Julian Simon Julian Simon Julian Simon1932-1998

God grants liberty only to thosewho love it and are always ready

to guard and defend it.Daniel WebsterDaniel WebsterDaniel WebsterDaniel WebsterDaniel Webster

1782-1852

For, however loftily the intellect of manmay have been gifted, however skillfully it may have been trained, if it be not guidedby a sense of justice, a love of mankind,and a devotion to duty, its possessor isonly a more splendid, as he is a more

dangerous, barbarian.Horace MannHorace MannHorace MannHorace MannHorace Mann

1796-1859

And so, my fellow Americans,ask not what your country can do for you;

ask what you can do for your country. John F. Kennedy John F. Kennedy John F. Kennedy John F. Kennedy John F. Kennedy

1917-1963

ProgressProgressProgressProgressProgress Responsibility Responsibility Responsibility Responsibility Responsibility

FreedomFreedomFreedomFreedomFreedom Unity Unity Unity Unity Unity



★ American Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage ThemesAmerican Heritage Themes ★

Progress Progress Progress Progress Progress Responsibility Responsibility Responsibility Responsibility Responsibility

Freedom Freedom Freedom Freedom Freedom Unity Unity Unity Unity Unity



The Theme is Freedom (excerpts)

By M. Stanton Evans

Regenery Publishing Company, Washington, D. C., 1994

If we want to find the sources of our freedom, we first need to know what freedomis, as Americans have historically defined it. Our definition of freedom in these pagesmeans the absence of coercion to the extent that this is feasible in organized society. Itmeans the ability of human beings to act in voluntary fashion, rather than being pushedaround and forced to do things. Someone who does something of his own volition is free;someone forced to act at gunpoint isn’t. This seems an obvious enough distinction, and,in an age disgraced by the totalitarian horror, a useful one to keep in focus.

It (freedom) means, for instance, the ability to decide things on a voluntary basis,but says nothing at all about what will be decided. This gives freedom a status of itsown, a helpful feature if we want to compare or contrast it with other values. Even so, itcomes attached with a proviso: Liberty to act on one’s own behalf must be fenced off bythe equal liberty of others, so that freedom for one individual doesn’t becomes oppressionfor a second. Freedom in this sense must be mutual, so as not to contradict the basicpremise.

Most important for our discussion, freedom thus defined also entails a certainkind of governing system. If a regime of liberty is to exist, some agency must forestall theuse of force or fraud by which one person invades another’s rights, render justice indoubtful cases, and provide a zone of order in which people may go about their affairs insafety. This agency is the government. Its basic job is to maintain the equal liberty of

the people, by preventing various species of aggression. Likewise, for identical and fairlyobvious reasons, government also must be precluded from violating freedom. Takentogether, these concepts add up to the notion of the order-keeping state, which protectsits citizens from hostile forces, but is itself restrained in the exertion of its powers.

Establishing such a regime of freedom is no easy matter, as it requires a properbalance between the requirements of liberty and those of order. Government needssufficient power to do its job, but not too much--which would endanger freedom. Thedilemma was summed up by Burke: “To make a government requires no great pru-dence. Settle the seat of power, teach obedience, and the work is done. To give freedomis still more easy. It is not necessary to guide; it only requires to let go of the rein. Butto form a free government , to temper together these opposite elements of liberty and

restraint in one consistent work, requires much thought, deep reflection, a sagacious,powerful, and combining mind.”

Similar thoughts about the topic were expressed by the Founders of our republic.Indeed, Americans will have no trouble recognizing the view of government we have beendescribing, since in general outline it is our own: an emphasis on voluntary action,safeguards for individual rights, limits on the reach of power. The core ideas of Americanstatecraft have been, precisely, that government exists to provide an arena of orderedliberty, but that government in turn must be prevented from violating freedom.



LoLoLoLoLoyyyyyalty Daalty Daalty Daalty Daalty Dayyyyy, 2003, 2003, 2003, 2003, 2003A Proclamation (excerpts)

By the President of the United States of America

“To be an American is not a matter of blood or birth. Our citizens are bound by ideals that represent

the hope of all mankind: that all men are created equal, endowed with unalienable rights to life,liberty, and the pursuit of happiness. On Loyalty Day, we reaffirm our allegiance to our country and

resolve to uphold the vision of our Forefathers....

...Our founding principles have endured, guiding our Nation toward progress and prosperity and

allowing the United States to be a leader among nations of the world. Throughout our history, honor-

able men and women have demonstrated their loyalty to America by making remarkable sacrifices to

preserve and protect these values....

...These values must be imparted to each new generation. Our children need to know that our Nation

is a force for good in the world, extending hope and freedom to others. By learning about America’s

history, achievements, ideas, and heroes, our young citizens will come to understand even more why

freedom is worth protecting....”

GEORGE W. BUSH

The White House

Office of the Press Secretary

April 30, 2003

www.whitehouse.gov

LoLoLoLoLoyyyyyalty Daalty Daalty Daalty Daalty Dayyyyy, 2004, 2004, 2004, 2004, 2004A Proclamation (excerpts)

By the President of the United States of America

“As Americans, we work to preserve the freedom declared by our Founding Fathers, defended by

generations, and granted to every man and woman on Earth by the Almighty. On Loyalty Day, we are

reminded that we are citizens with obligations to our country, to each other, and to our great legacy of

freedom and democracy....

...We must continue to ensure that our young people know the great cause of freedom and why it is

worth defending. Our Founders believed the study of history and citizenship should be at the core of

every American’s education. By encouraging students to learn more about American history and

values, we can help prepare the next generation of Americans to carry our heritage of freedom into

the future....”

GEORGE W. BUSH

The White House

Office of the Press Secretary

April 30, 2004

www.whitehouse.gov



CelebrCelebrCelebrCelebrCelebratatatatateeeee

AmerAmerAmerAmerAmerican Herican Herican Herican Herican Heritititititagagagagage Monte Monte Monte Monte Monthhhhhin Nin Nin Nin Nin Nooooo v v v v vember!ember!ember!ember!ember!

“American Heritage Month gives us all an opportunity to reflect on

our roots as Americans from a fresh perspective. It is a time to

remember that we Americans have brought with us many different

heritages, but we have joined together in this country as one people.

The Declaration of Independence sets forth our fundamental values,

and the Constitution serves to protect those values. Our schools,

teachers, students, and other citizens help preserve and strengthen

the miracle that is America. As Thomas Jefferson said, ‘If a nation

expects to be ignorant and free in a state of civilization, it expects

what never was and never will be.’”






PurposePurposePurposePurposePurposeThe purpose of this lesson is to discuss

the responsibilities of the colonists in

establishing a new colony and to under-stand the idea of a social contract, a

new and untested concept in the

1600’s, which was formed among the

colonists to help them make decisions.

Object iveObject iveObject iveObject iveObject ive1. The student will formulate a social

compact in his or her class after a

discussion of the Mayflower Compact.

2. The student will analyze the

Mayflower Compact.

Theme-Theme-Theme-Theme-Theme-ResponsibilityResponsibilityResponsibilityResponsibilityResponsibility

Each person makes decisions and is

responsible for his or her actions

related to his or her decisions.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIa. analyze and explain the ways groups,

societies, and cultures address human

needs and concerns.IIf. apply ideas, theories, and modes of

historical inquiry to analyze historical and

contemporary development, and to

inform and evaluate actions concerning

public policy issues.

Vc. describe the various forms

institutions take, and explain how they

develop and change over time.

FocusFocusFocusFocusFocusStudents will develop an understanding of a social contract as exemplified by the Mayflower

Compact. The central idea that a group of people could decide among themselves what others

could and could not do was the birth of a new form of government of the people, by the people,

and for the people. Before this time the King made all of the decisions about how people were to

interact with one another.

★The Mayflower CompactThe Mayflower CompactThe Mayflower CompactThe Mayflower CompactThe Mayflower Compact ★

Vg. analyze the extent to which groups and

institutions meet individual needs and promote

the common good in contemporary and

historical settings.VIc. analyze and explain ideas and mechanisms

to meet neesd and wnats of citizens, regulate

territory, manage conflict, establish order and

security, and balance competing conceptions of

a just society.

IXb. explain conditions and motivations that

contribute to conflict, cooperation, and

interdependence among groups, societies, and

nations.

Xi. construct a policy statement and an action

plan to achieve one or more goals related to an

issue of public concern.


Mater ialsMater ialsMater ialsMater ialsMater ials★ American Heritage Themes handout

★ Mayflower Compact

★ Dictionaries

★ Student handbook or copy of school rules

and policies★ Material to post final product


PreparationPreparationPreparationPreparationPreparation★ Copy handouts

★ Gather art supplies (as needed).



1. Introduce the terms social contract, covenant, compact, promise, agreement, etc. What

are they? What do they mean? Have students get into groups, assigning one term toeach set of students to define and to give examples of it being used.

Share definitions and examples.

2. Pass out handouts on the Mayflower Compact. Read and encourage students to make

notes. Discuss the reading including the significance, use, rationale, and purpose of the

Mayflower Compact. Address questions. (See Links page on www.americanheritage.org

for additional resources on the Mayflower Compact and the Pilgrims.)

3. Explain that almost every group of people who meet to achieve a goal, like passing a

class, develops a system of rules and makes agreements among themselves in order to

enjoy their basic rights and freedoms. As a class, students will discuss and define the

Mayflower Compact and realize how it commits the Pilgrims to religion, government, and

civility. Next students will create their own compact as a class or in small groups.

4. A. Ask students in groups to pick out a few rules from their student handbook (or copy of

school policies) and justify why those rules are there and/or why they should be omitted.

After each group has completed the task, let students share their insights with the class,

and then have the whole class seriously consider what promises or compacts they will

need to enjoy their basic rights and freedoms in order to prosper/succeed in the class.

B. As a whole class, brainstorm a list of classroom rules, edit it, and create a final draft

which everyone will sign. Post this class compact!

ClosureClosureClosureClosureClosureStudents consider and address these and other related questions: How is the class compact similar to

or difference than the Mayflower Compact? How does the class compact serve the class as a whole

and students individually? What is its purpose and intent for use? Considering these questions, students

write a one-paragraph evaluation of the class compact and provide evidence such as antecdotes,

examples, analogy, logic, historical parallels, etc. to support the evaluation.

Students may also write an essay on a thesis related to the Mayflower Compact, social contract theory,

a significant pilgrim, or a relevant issue from the reading.

★ Mayflower CompactMayflower CompactMayflower CompactMayflower CompactMayflower Compact★continued

A c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t y



The Mayflower Compact

Additional Reading★★★★★ Demos, John.Demos, John.Demos, John.Demos, John.Demos, John. A Little Commonwealth: Family Life in Plymouth Colony..... NeNeNeNeNew Y w Y w Y w Y w Y ororororork: Oxf k: Oxf k: Oxf k: Oxf k: Oxf ororororord Ud Ud Ud Ud Univnivnivnivnivererererersitysitysitysitysity

Press, 1970.Press, 1970.Press, 1970.Press, 1970.Press, 1970.

★★★★★ Morgan, Edmund S.Morgan, Edmund S.Morgan, Edmund S.Morgan, Edmund S.Morgan, Edmund S. The Puritan Family: Religion and Domestic Relations in Seventeenth-Century

New England..... NeNeNeNeNew Y w Y w Y w Y w Y ororororork: Hark: Hark: Hark: Hark: Harper & Rper & Rper & Rper & Rper & Rooooow Publisherw Publisherw Publisherw Publisherw Publishers, 1s, 1s, 1s, 1s, 1966.966.966.966.966.

Self-Government The English separatist Puritans living in Leyden,

Holland, desired for various reasons to transplant their colony

to America. In 1619 they secured a patent from the VirginiaCompany of London for a private plantation in Virginia. ThePilgrims, reinforced by some seventy “strangers” from London,sailed for Plymouth in September 1620 and arrived off CapeCod in November. They missed the coast of Virginia. Some of the London recruits were a discontented, “undesirable lot” andmade “mutinous speeches.” Bradford writes that the“strangers” boasted that they were not under the jurisdictionof the Virginia Company and “would use their own liberty, fornone had the power to command them, the patent they hadbeing for Virginia and not for New England…” (WilliamBradford, Of Plymouth Plantation-1620-1647: A New Edition:

The Complete Text, with Notes and an Introduction, Samuel EliotMorison, Alfred A. Knopf, New York, 1993, p. 75).

Since the patent, or charter, was only good in Virginia,some form of government had to be established if the settlerswere to maintain peace. The Pilgrim leaders drew up theMayflower Compact, the first self-imposed self-government notonly in America but in the world. This has become one of themost important documents in American history. The originalparchment has long since disappeared. The current text wasfirst printed in London in 1622 in a pamphlet generally knownas the “Mourt’s Relation.” This pamphlet contained excerpts

from the early colony’s journals and histories. The MayflowerCompact was not intended as a constitution but was anextension of the customary church covenant to help thePilgrims define their civil circumstances.

This church covenant, sometimes called covenantaldoctrine or covenantal theology, as opposed to the “Ruler’sLaw” under monarchies, was inspired by religious teaching.

These separatist Puritans, as well as later non-separatistPuritan arrivals to America, viewed church and state alike as“associations of the willing faithful.” They were furtherconvinced that the proper form of organization was not a matterof kings and bishops dictating the configuration of worship.

They thought the proper form of organization should be one of “believers joined together in voluntary fashion” (M. StantonEvans, The Theme Is Freedom: Religion, Politics, and the

American Tradition, Regnery Publishing, Inc., Washington, D.C.,1994, pp. 187-88, 193-94).

separatist Puritans

These Puritans thought that the

Church of England was tainted.

They wanted to purify the

Church of what they thought

were transgressions. Because

they believed that the Church of

England was too corrupt to

change, they withdrew and

separated themselves from it.

Pilgrims

The name acquired by those who

separated themselves from the

Church of England (same as

separatist Puritans)

“strangers”This was the name that the

separatist Puritans/Pilgrims

gave those who traveled to

the New World with them but

who were not a part of their

particular group.

William Bradford

Bradford was the guiding light

and principal leader of

Plymouth Colony. He was the

Governor for a total of 33 one-

year terms between 1621 and

1656. Of Plymouth Plantation-1620-1647, written by

Bradford, is the history of the

Pilgrim Colony and was first

published the year of his death

in 1656.

covenant

An agreement of and between

agreeing parties. A formal

binding agreement.

non-separatist Puritans

Those Puritans that hoped to

purify the Church of Englandwhile remaining members of the

Church.



Colonial Quotations Supporting Self-Government

“The multitude I am speaking of, is the body of the people —no contemptible multitude—for those sakegovernment is instituted; or rather, who have themselves erected it, solely for their own good —to whomeven kings and all in subordination to them, are strictly speaking, servants and not masters.” (Adams’ emphasis)

Samuel Adams, American Revolutionary statesman and Founding FatherSamuel Adams, American Revolutionary statesman and Founding FatherSamuel Adams, American Revolutionary statesman and Founding FatherSamuel Adams, American Revolutionary statesman and Founding FatherSamuel Adams, American Revolutionary statesman and Founding Father,,,,,

Essay inEssay inEssay inEssay inEssay in Boston Gazette Boston Gazette Boston Gazette Boston Gazette Boston Gazette , 1771, 1771, 1771, 1771, 1771

“Governors have no right to seek what they please; by this, instead of being content with the stationassigned them, that of honorable servants of the society, they would soon become Absolute masters, Despots,and Tyrants.”

Resolutions of the TResolutions of the TResolutions of the TResolutions of the TResolutions of the Town of Boston, “The Rights of the Colonists,” 1772own of Boston, “The Rights of the Colonists,” 1772own of Boston, “The Rights of the Colonists,” 1772own of Boston, “The Rights of the Colonists,” 1772own of Boston, “The Rights of the Colonists,” 1772

“That all power is rested in, and consequently derived from, the people; that magistrates are their trusteesand servants. . . .”

VVVVViririririrginia Bill of Rights, the most famous of the Declaration of Rightsginia Bill of Rights, the most famous of the Declaration of Rightsginia Bill of Rights, the most famous of the Declaration of Rightsginia Bill of Rights, the most famous of the Declaration of Rightsginia Bill of Rights, the most famous of the Declaration of Rights

of the original state Constitutions, drafted by Georof the original state Constitutions, drafted by Georof the original state Constitutions, drafted by Georof the original state Constitutions, drafted by Georof the original state Constitutions, drafted by George Mason,ge Mason,ge Mason,ge Mason,ge Mason,

American Revolutionary Statesman and Founding FatherAmerican Revolutionary Statesman and Founding FatherAmerican Revolutionary Statesman and Founding FatherAmerican Revolutionary Statesman and Founding FatherAmerican Revolutionary Statesman and Founding Father, 1776, 1776, 1776, 1776, 1776

strict separationist

One who believed in aOne who believed in aOne who believed in aOne who believed in aOne who believed in a

comcomcomcomcomplepleplepleple ttttte separation of e separation of e separation of e separation of e separation of

church and governmentchurch and governmentchurch and governmentchurch and governmentchurch and government

since governmentsince governmentsince governmentsince governmentsince government

would corrupt thewould corrupt thewould corrupt thewould corrupt thewould corrupt the

church.church.church.church.church.

“conforming churches”

Those churches inThose churches inThose churches inThose churches inThose churches in

agreement with theagreement with theagreement with theagreement with theagreement with theChurch of England andChurch of England andChurch of England andChurch of England andChurch of England and

the King.the King.the King.the King.the King.

Later ImplicationsAnother example and extension of church covenant as the

basis for self-government may also be found in the words of the

“Fundamental Orders of Connecticut” (1639). Connecticut wasestablished and led by the Reverend Thomas Hooker. In January1639, the freemen of the towns of Hartford, Whethersfield, andWindsor met in Hartford and drew up the first constitution thatcreated a government, in part “. . . well knowing where a people aregathered the word of God requires that to mayntayne (maintain) thepeace and union of such a people there should be an orderly anddecent Government established according to God. . . .[we] doetherefore assotiate (associate) and conloyne (conjoin) our selves tobe as one Publike (Public) State or Commonwelth; and doe, . . .enterInto Combination and Confederation togather , to mayntayn andpresearve the liberty and purity of the gospell of our Lord Jesuswhich we now professe. . .”(Henry Steele Commager, Documents of American History, F.S. Crofts & Co., New York, 1943, pp. 22-23).(original spelling)

Further, in 1636, the colony of Providence, later to becomepart of Rhode Island, was established by the strict separationistRoger Williams because he abhorred what he claimed were“conforming churches” of Massachusetts. He also had been exiledbecause of his dissent and nonconforming views regarding therelations of church and state. In 1644, the charter for the colony of Rhode Island went into effect. The charter stated that the governmentshould be “democraticall, that is a government held by the free and

voluntary consent of all, or the greater part of the free inhabitants”(Evans, p. 195).

★ The Mayflower CompactThe Mayflower CompactThe Mayflower CompactThe Mayflower CompactThe Mayflower Compact ★

continuedcontinuedcontinuedcontinuedcontinued



In the Name of God, Amen. We, whose names are underwritten, the LoyalSubjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, & c. Havingundertaken for the Glory of God, and Advancement of the Christian Faith,and the Honour of our king and Country, a Voyage to plant the first colony inthe northern Parts of Virginia; Do by these Presents, solemnly and mutuallyin the Presence of God and one another, covenant and combine ourselvestogether into a civil Body Politick, for our better Ordering and Preservation,and Futherance of the Ends aforesaid; And by Virtue hereof do enact, constitute,and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and

Offices, from time to time, as shall be thought most meet and convenient forthe general Good of the Colony; unto which we promise all due Submissionsand Obedience. In Witness whereof we have hereunto subscribed our namesat Cape Cod the eleventh of November, in the Reign of our Sovereign Lord King James of England, France, and Ireland, the eighteenth and of Scotland, thefifty-fourth. Anno Domini, 1620.

Mr. John Carver Mr. Stephen HopkinsMr. William Bradford Digery PriestMr. Edward Winslow Thomas WilliamsMr. William Brewster Gilbert WinslowIsaac Allerton Edmund MargessonMiles Standish Peter Brown John Alden Richard Bitteridge John Turner George SouleFrancis Eaton Edward Tilly James Chilton John Tilly John Craxton Francis Cooke John Billington Thomas Rogers Joses Fletcher Thomas Tinker

John Goodman Edward FullerMr. Samuel Fuller Richard ClarkMr. Christopher Martin Richard GardinerMr. William Mullins Mr. John AllertonMr. William White Thomas EnglishMr. Richard Warren Edward Doten John Howland Edward Liester John Ridgate

The Mayflower CompactN o v e m b e r 1 1 , 1 6 2 0



Rights and ResponsibilitiesLearning About My School’s Student Code of Conduct

School is one place where a student has certain agreed upon rights and responsibilities. While students have

certain rights in schools, they also have many responsibilities that accompany those rights. Each school

district has a Code of Student Conduct about these rights and responsibilities. As a student, make it your

responsibility to know the code for your school district and to review it with your parents. It will help you

and other students have a safe and successful educational experience.

Sample: Below are some of the basic rights of students and points of interests mentioned in one school

district ( Houston Independent School District Code of Student Conduct ):

• You have the right to attend public schools.

• You have the right to a well-balanced curriculum and instruction.

• You have the right to evaluation of your academic progress.

• You have the responsibility to participate in the educational process by attending class,

paying attention, completing assignments, and asking questions if you don’t understand asubject you are being taught.

• You especially have the responsibility to behave appropriately, not interfering with the goals

of the educational community.

School teachers and administrators have the right and responsibility to respond to student acts of miscon-

duct that interfere with the goals of education.

Level I These offenses generally occur in the classroom and can be corrected by the teacher.

Level II These offenses are more serious than Level I and/or represent the student’s inability to

control Level 1 misconduct. Level II offenses call for administrative intervention.

Level III These offenses seriously disrupt the educational process in the classroom, the school,

and/or at school-related activities, or are a continuance of repeated Level I, II, or III

misconduct. Level III misconduct may result in student suspension and optional

removal to an alternative education program.

Level IV Level IV misconducts involve more serious criminal offenses. These include any

felony, whether school related or not, unless it is one for which expulsion is required.

This level of misconduct requires placement in an alternative education program.

Level V Level V offenses are dealth with by the expulsion of the offending student. Expulsion

is fit punishment for violations which seriously threaten the safety of the school

community. Expulsion is fit punishment in response to criminal acts of mischief

including but not limited to: weapons possession, possession of an illegal substance,

and assault.

copyright 2003 Houston Independent School District



The Houston Independent School District (HISD) has established as one of its primary goals the provi-sion of a high-quality educational program for each student in a safe school environment free of disrup-tions that interfere with the educational process. The purpose of this Code of Student Conduct is to informall students and parents of HISD’s expectations regarding behavior and conduct. The Code, reviewed andapproved by the HISD Board of Education, is based on the policies of the Board of Education andStandard Practice Memoranda (SPMs). SPMs communicate district administrative procedures and practices.

This Code was developed to protect the rights of all students by:

• providing a districtwide discipline management plan• specifying the behavior that is expected of all students• describing the broad range of student misconduct and providing appropriate disciplinary

consequences or options for the various kinds of misconduct • outlining student rights relating to school

Students and parents are expected to become familiar with the provisions of the districtwide Code of Student Conduct and the rules and regulations adopted and implemented by their individual schools based upontheir School-Based Discipline Management System. Students are also expected to abide by the policies set forth in the Code so that they can truly get the most out of their years in school.

Major changes to the Code this year include the following:

• changes in accordance with state law to allow for expulsion or referral to a Disciplinary AlternativeEducation Program (DAEP) by HISD for Level IV and V offenses, including for conduct that occurs within 300 feet of the school property line or on the property of another school district in

Texas or that was committed by a student at a school district outside of the state• moving changing of school documents or signing a parent’s name on school records from Level II

to Level III

• adding use of computers or other means to access and tamper with HISD records, to include gradebooks or any other public school records maintained by HISD, to Level IV • adding “hacking” or breach of computer security that results in loss or damage in amount greater

than $1,500 to Level IV • revising Level V, in accordance with changes in state law, to allow for the expulsion of students

who engage in conduct against another student that contains the elements of aggravated assault,sexual assault, aggravated sexual assault, murder, capital murder, or criminal attempt to commit capital murder even if the offense occurs away from school

• clarifying that a police report is required for any Level IV or Level V infraction if the infractionalso constitutes a violation of the Penal Code

• updating the provisions regarding confinement, restraint, and time-out applicable to students with disabilities

Students and parents should be aware that the Houston Independent School District does not discriminate

on the basis of age, race, color, ancestry, national origin, sex, handicap or disability, marital status, religion, veteran status, political affiliation, or sexual orientation. This policy includes a prohibition on racial harass-ment and a hostile environment, as this type of harassment denies students the right to an education free of discrimination on the basis of race, color, or national origin. Students may utilize the district’s complaint procedures (see p. 18) to address any issues related to these areas without fear of retaliation. In addition,HISD will not tolerate sexual harassment at any level. Any complaint of discrimination of any type will befully investigated, and the district will take appropriate action.

Kaye StriplingSuperintendent of Schools

August 2003

Foreword

Excerpt Example from Houston Independent School District

Code of Student Conduct



The effective enforcement of the Code of Student Conduct and the School-Based Discipline Management System is essential in keeping a school and/or school-related activities free of disruption and is dependent on the exercise of the responsibilities by the following:

STUDENTS

• adhere to school, district, and classroom rules and regulations for behavior and good conduct.

PARENTS

• support school, district, and classroom rules for student behavior and ensure that their childrenconduct themselves according to district standards.

• provide the school with their current address and, when available, current telephone numbers.• ensure student attendance at school. By state law, student attendance is the responsibility of

parents and guardians.• provide the appropriate school personnel with any student information that will affect the

student’s ability to learn and the student’s behavior.• read, acknowledge, and understand these rules and the rules applicable to their children’s

conduct while they are at school.

TEACHERS

• establish classroom-management procedures that concentrate on good student conduct andsupport school and district policies and procedures.

ADMINISTRATORS

• develop with all members of the school community an effective School-Based Discipline Management System that promotes and maintains the support of good student behavior.

BOARD OF EDUCATION

• approve a behavior code that identifies standards of conduct for students and enact policiesand procedures necessary for implementing and enforcing a structured and disciplined learningenvironment.

Responsibilities in Behavior Intervention



The student’s responsibilities for achieving a positive learning environment at school and/or school-related activities include the following:

• Attending all classes each day and being on time

• Preparing for each class with appropriate materials and completed assignments

• Dressing according to the dress code adopted by each individual school

• Knowing that the use, possession, and/or sale of illegal or unauthorized drugs, alcohol,and weapons are unlawful and prohibited and that students may be subject to random searchesin accordance with Board Policy and state and federal law in order to assure a safe schoolenvironment

• Showing respect toward others

• Conducting oneself in a responsible manner

• Paying required fees and fines• Knowing and obeying all school rules in the Code of Student Conduct and the School-Based

Discipline Management System

• Cooperating with staff members in the investigation of disciplinary matters

• Seeking changes in school policies and regulations in an orderly and responsible manner,through appropriate channels

• Reporting threats to the safety of students and staff members as well as misconduct on the part of any other students or staff members to the building principal, a teacher, or another adult

• Using HISD technology systems for school business purposes only and using school computersand related equipment appropriately

• Abiding by the technology security procedures developed by HISD, such as never leaving a ter-

minal or workstation unattended or unsecured while logged on to a host computer or network • Reporting all observed or suspected technology security problems immediately to a teacher

In general, all students are entitled to enjoy the basic rights of citizenship recognized and protectedby law for persons of their age and maturity. The Houston Independent School District shall fostera climate of mutual respect for the rights of others. Each student is expected to respect the rights andprivileges of other students, teachers, and district personnel.

Students shall exercise their rights and responsibilities in compliance with rules established for theorderly conduct of the district’s educational mission. The district’s rules of conduct and discipline andthe School-Based Discipline Management System are established to achieve and maintain order inthe school. Students who violate the rights of others or district or school rules shall be subject todisciplinary action in accordance with established district policies and procedures.

All students are expected to maintain the highest level of discipline and decorum at all school func-tions. Failure to comply with administrative directives promoting order and respect will result in thestudent’s being removed from participation in school activities, including commencement exercises.

Student Responsibilities


http://slidepdf.com/reader/full/americas-heritage-binder-high-school-edition 38/187384 • Student Rights and Responsibilities, Board Policies, and Standard Practice Memoranda

Student Rights andResponsibilities, Board Policies,and Standard Practice Memoranda

The Board Policies and Standard Practice Memoranda of theHouston Independent School District contain the rights andresponsibilities of students that are embodied in this Code of

Student Conduct . A brief description of several of the moreimportant student rights and responsibilities is included in thissection. The proper balance of student rights and privileges (•)

with student responsibilities and obligations (+) is essential tothe orderly conduct of the district’s educational mission.

Instructional Programs• The Houston Independent School District shall be responsi-

ble for providing a well-balanced curriculum and for deliver-ing effective instruction to all students enrolled.

+ Students have the responsibility to strive for academic growthby participating in the appropriate educational program totheir utmost ability.

Attendance of Students• Regular attendance and punctuality shall be required of

every student.

+ Students have the responsibility to take advantage of theireducational opportunity by attending all classes daily and ontime unless circumstances prevent them from doing so.

Continuing Education • Student absences while suspended shall be considered as

excused absences.

+ Students have the responsibility to make up all work missed

while suspended within five school days after their return toschool from suspension in order to receive credit for the work.

Evaluation, Grading, and Promotion/Retention of Students• Students shall be evaluated on a continuous basis in the most

effective manner to determine the extent of their progress.

+ Students have the responsibility to maintain reasonable standardsof academic performance commensurate with their ability.

Complaints• Students may present any complaint to the district, either

personally or through a representative, through the appropri-ate complaint procedures.

+ Students have the responsibility to follow the establishedcomplaint procedures and to accept the decision that resultsfrom the complaint process.

Student Dress Code and Personal Grooming • Each individual school shall adopt specific standards concern-

ing dress and personal grooming.

+ All students have the responsibility to become familiar withthe school’s standards and the responsibility to adhere to them.

Student Publications

• Students are entitled to express, in writing, their opinions may distribute handwritten, duplicated, or printed materon school premises or at school-sponsored activities at otlocations in accordance with certain conditions and produres established in Board Policy.

+ Students have the responsibility to become familiar with follow the conditions and procedures in Board Policy. (

Student Publications, p. 20.)

Students and School Property • Students are expected to show proper respect for both p

sons and property.

+ Students are responsible for their own actions directoward school property and for damages to property.

Search of Property and Students• Students are entitled to the guarantees of the Fou

Amendment of the U. S. Constitution, and they are subjecreasonable searches and seizures.

+ Students have the responsibility not to carry on their peror to have on school property or at school-sponsored evesuch items as drugs, weapons, alcohol, paging devices,other contraband materials in violation of school policystate law.

• School officials are empowered to conduct reasonable seares of students and school property when there is reasonacause to believe that students may be in possession of dru

weapons, alcohol, or other materials (“contraband”) in viotion of school policy or state law. Students who bring conband onto school grounds may be searched in order to secthe school environment so learning can take place and to ptect other students from any potentially harmful effects steming from the contraband. School property such as lockand desks shall remain under the control of school officand shall be subject to search.

• Students do not have a reasonable expectation of privacythe use of school lockers or school desks.

• The administration may utilize dogs and metal detectorprovided by HISD policies and applicable laws. Metal dettors and trained dogs may be used at random locations atimes by HISD personnel as determined by HISD admintrative and law enforcement personnel.

The 18-Year-Old Student • The 18-year-old student who has adult status may enrol

and attend public school.+ The 18-year-old student who is enrolled in public school

the responsibility to follow the policies, procedures, ruand regulations of the school district.

The 18-year-old student who has more than five unexcuabsences may be withdrawn due to nonattendance for remainder of the semester. An Admission, Review, and DismiCommittee shall be convened prior to the withdrawal of an

year-old student with disabilities for nonattendance.



★ The Declaration of IndependenceThe Declaration of IndependenceThe Declaration of IndependenceThe Declaration of IndependenceThe Declaration of Independence ★

PurposePurposePurposePurposePurposeThe purpose of this lesson is for students

to examine the Declaration of

Independence and ascertain its true intent

and its eventual realization.

Object iveObject iveObject iveObject iveObject ive1. The student will analyze the

Declaration of Independence.

2. The student will summarize the

intentions of the Declaration.

Theme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomThe Declaration of Independence was

written by the Founding Fathers toexpress their belief that all people have

certain rights. The freedoms written in

the laws of the nation have their

beginning in the Declaration of

Independence.



within and across cultures.

VIb. explain the purpose of government and

analyze how its powers are acquired, used,

and justified.

VIf. analyze and evaluate conditions,

actions, and motivations that contribute to

FFFFFocusocusocusocusocus

Anecdote: Explain to the class that you heard this morning of a country very close to us thatwas having a serious problem. A small group of leading citizens had decided that they should

rule the country and were in the process of overthrowing the government. How can a small

number of people make such a decision for all the people? What should the government do?

What should happen to the rebels if they are not successful? After a brief discussion tell the

students that such was the United States in the 1770s and that the small group of citizens were

our Founding Fathers. Today we will look at the actual document that got this group into so

much trouble with the King of England.

conflict and cooperation within and among

nations.

Xa. explain the origins and interpret the


democratic republican form of government....Xh. evaluate the degree to which public policies

and citizen behaviors reflect or foster the

stated ideals of a democratic republican form

of government.


Mater ialsMater ialsMater ialsMater ialsMater ials★ American Heritage handouts and readings★ Declaration of Independence text (see also

U. S. Archives and Records Administration,

www.archives.gov)

★ Opening to Declaration handout

★ Declaration of Independence text scramble

★ Declaration of Independence analysis

worksheet

★ Dictionaries

★ Material to post final product



★ Gather supplies (as needed).




continued

ActivityActivityActivityActivityActivity

1. Introduce the handout on “English Tyranny” and read together as a class. Divide the class

into small groups, and require students to define the perceived hostile acts leading to the

Battles at Lexington and Concord from 1763-1775. (See Links page on

www.americanheritage.org for additional resources the Battles of Lexington and Concord.)

2. Share definitions, and discuss how these acts made many of the colonists feel. Concen-

trate especially on the economy of the colonies and the perception of citizenship by colo-

nists.

3. Now pass out the handout on “Unalienable Rights.” Read aloud, and encourage students

to make notes as you relate the information to examples from today. Students are always

interested in what rights they have and will be eager to add to your comments and to ask

questions. Whenever a difficult question arises, tell students that their rights are basically

defined in two documents and that you all are looking at one of them. Students can learn

and understand the contents of these documents to find out more. (See Links page on

www.americanheritage.org for additional resources on Unalienable rights.)

4. Explain that this declaration of freedom is written in four different parts: a preamble or

introduction, a demand, a list of grievances, and an ultimatum or request for action. Pass

out a copy of the Declaration and help students see where each part appears in the docu-

ment. (See Links page on www.americanheritage.org for additional resources on the

Declaration.)

5. Together, read the preamble and discuss what it means to us, to the people who wrote it in

1776, and to the people who read it both in the colonies and in England. What does it

actually say? What does it actually mean? Answer questions on the handout. Do the

same exercise with the next paragraph in the document.

6. Have students individually or in groups piece together the cut out, scrambled text segments

of the Declaration. Each student/group may take one different excerpt/segment from the

document and read, research/analyze, and discuss its meaning. Students share with the

rest of the class the meaning and importance of that specific part of the Declaration.

7. Ask each group to examine the list of grievances in the Declaration. They will read each

grievance and rewrite it in today’s terms using dictionaries and any other resources avail-

able. They will then pick out the two most important problems.

8. Let each group share their top two picks, and then have the class vote on the number one

reason why they think the colonists felt that England was violating their rights.

ClosureClosureClosureClosureClosureHave each student read the last paragraph of the document and explain what parts of the demand would

not go over very well with the King and why. During class or for homework the next day, students write

down and turn in their opinions and then discuss them.

Have students reflect on, research, discuss, and/or report in an essay or writing assignment:

What was the historical outcome of the Declaration? Also discuss the subsequent co-existence of

the U. S. and England and how their relations are different today.



The Declaration of IndependenceEnglish Tyranny

Since the earliest English settlings in America—Roanoke

Island off the coast of what is now North Carolina in 1585 and1587; Jamestown, Virginia, the first permanent English colony inthe new America in 1607; and the first permanent colony settledin New England as established by the Pilgrims (Puritan “separatists”)at Plymouth in 1620—there was very little widespread Englishgovernment intervention in American colonial affairs for 150 years.

The English government had so little interference with the Americancolonies mostly because it was economically infeasible for them tobother with the mostly destitute colonists. Further, the colonistswere for the most part, most of this time, governing themselves,whether by the theocracy that had been set in place in New Englandor by the House of Burgesses in Virginia. The Americans had had

a long taste of self-rule and many became indifferent to monarchicalor arbitrary rule--”Ruler’s Law”--by the British.

However, with the ever-widening control of Englishmercantilism and the expanding production of resources of foodand raw materials in the colonies, the English governmentdeveloped a series of Parliamentary laws that restricted AmericanColonial shipping, industry, and commerce and became a majorsource of friction between the Colonies and England. These laws,passed between 1650 and 1775, were called the “Navigation Acts.”

These acts forced licensing of all ships going to or from the Colonies. There was a growing list of specific items (tobacco, cotton, sugar)that could only be sold to England and a lengthening list of otheritems that the colonists were not supposed to manufacture—iron,wool, molasses, and even hats.

These Navigation Acts were not seriously enforced until theend of the French and Indian War in 1763. This war left the Britishin deep debt, and the royal treasury attempted its recovery byclamping down on the Colonies and colonists. England establishedColonial custom houses and named royally appointed judges whotried those who broke the law by disobeying the Acts. This still didnot bring in enough revenue to England, but it did help unite thewealthy elite of the Colonies.

First, to thwart the westward expansion of the colonists,

the English established the “Proclamation Line of 1763,” supposedlyto pacify the Indians west of the Allegheny Mountains

theocracytheocracytheocracytheocracytheocracyA government in which God is

regarded as the ruling power. In

some of the New England

colonies, the religious leaderswere the political leaders

(though usually the primary

minister of the colony was not

one).

House of BurHouse of BurHouse of BurHouse of BurHouse of Burgessesgessesgessesgessesgesses

A local representative assembly,

established under a new Virginia

charter in 1618 by the English

government. Because conditions

were so harsh in this Colony, it

was difficult to attract a steady

flow of labor from England. The

Virginia Company (London) urged

this measure to make the

settlement more attractive. The

first deliberations took place in

July 1619.

mermermermermercantilismcantilismcantilismcantilismcantilism

Simply, complete control of the

economy by the government.

Further, a commercial trade

policy which had the goal of

creating a heavy imbalance in

foreign trade, favoring exports

over imports. The object was to

pile up large holdings of gold in

the national treasury; hence, the

Navigation Acts.

Additional Reading★★★★★ Gaustad, Edwin S.Gaustad, Edwin S.Gaustad, Edwin S.Gaustad, Edwin S.Gaustad, Edwin S. Faith of Our Founding Fathers: Religion and the New Nation. San Francisco:San Francisco:San Francisco:San Francisco:San Francisco:

Harper & Row Publishers, 1987.Harper & Row Publishers, 1987.Harper & Row Publishers, 1987.Harper & Row Publishers, 1987.Harper & Row Publishers, 1987.

★MarMarMarMarMartin, James Kirbtin, James Kirbtin, James Kirbtin, James Kirbtin, James Kirbyyyyy, ed., ed., ed., ed., ed. Ordinary Courage: The Revolutionary War Adventures of Joseph Plumb

Martin. St. James, NeSt. James, NeSt. James, NeSt. James, NeSt. James, New Y w Y w Y w Y w Y ororororork: Brandywine Press, 1k: Brandywine Press, 1k: Brandywine Press, 1k: Brandywine Press, 1k: Brandywine Press, 1993.993.993.993.993.

★★★★★Donald TDonald TDonald TDonald TDonald T. Phillips,. Phillips,. Phillips,. Phillips,. Phillips, The Founding Fathers on Leadership: Classic Teamwork in Changing Times.

NeNeNeNeNew Y w Y w Y w Y w Y ororororork: Wk: Wk: Wk: Wk: Warner Books, 1arner Books, 1arner Books, 1arner Books, 1arner Books, 1999999999977777.....





and to protect the wildlife. The British forces left in America, however,could not control such a lengthy frontier. Many colonists, especiallythose who already lived west of the Alleghenies, ignored this

proclamation. Further Colonial grievances toward the Crown werethe result of stipulations that the colonists could no longer tradewith the Indians since they were under royal license. More pointedly,the British government rescinded all land purchases from the Indianswest of the Alleghenies, and frontiersmen living in the Ohio Rivervalley were required “forthwith to remove themselves.” This actionhelped unite frontiersmen and western farmers and others wantingto move west and acquire new land.

The next series of encroachments on colonists was asuccession of taxes and other political/military and economic “acts.”

The year after the “Proclamation,” the English Parliament passedthe Sugar Act (1764). This was at first only noticed by a few, the

merchants, but this Act helped bring them together. With theinitiation of the Stamp Act (1765) the year after, the colonists’ angerflared-up beyond any previous experience. The Stamp Act affectedalmost all of the colonists. The tax was for a stamp to be purchasedand placed on all printed materials including newspapers, journals,marriage licenses, wills, death certificates, and even the few booksthat were available. One reaction by colonials to the act was theformation of the “Sons of Liberty.”

The Stamp Act did more to unite the colonists than any other,with the possible exception of the Tea Act of 1773, which led to thefamous “Boston Tea Party” initiated by the Sons of Liberty.Americans were irate that they were being taxed by their MotherCountry without recourse—“no taxation without representation”became the rally-to-arms. Although the colonists had certainfreedoms and a taste of representative government in some placesduring the previous one and a half centuries, a more formallyarticulated idea about a government, at least partially representative,from Benjamin Franklin’s “Albany Plan” (1754) was beginning tobecome more plausible. Americans liked less-and-less the idea of an arbitrary monarchical “government over man.” They were slowlybecoming conscious of their unconscious yearnings for independenceand self-rule—for “man over government.”

Colonists thought other acts were trespasses as well. The

Currency Act (1764) prohibited the colonists from printing their own

encrencrencrencrencroachmentoachmentoachmentoachmentoachment

Gradual or insidious

intrusion or infringement

upon the property or

rights of another; a

trespass; advancement

beyond proper limits

Colonial quotation about British forces in Boston

“But whatever may be the design of this military appearance; whatever use some persons may intend and

expect to make of it: This we all know, and every child in the street is taught to know it; that while a people

retain a just sense of Liberty, as blessed be God, this people yet do, the insolence of power will forever be

despised.”

Samuel Adams, Boston Gazette , 1768





money, and the Quartering Act (1764) particularly displeased theAmericans, for they were then mandated to house and feed Britishtroops in their homes and to furnish them with daily rations of ale

or rum. The Declaratory Act (1766) stated that Parliament wassovereign in “all cases whatsoever,” further negating any complaintsthat the Americans voiced. The Quebec Act of 1774 concerned thecolonists in no small way because England established anauthoritarian government right across their border in Canada. Theythought it likely that the American Colonies could suffer the samefate.

The result of these and other grievances and the subsequentfeeling of colonists was “an absolute Tyranny over these States” underKing George III of Great Britain. It culminated with representativesfrom the various Colonies coming together to sign the Declarationof Independence on July 4, 1776, which Thomas Jefferson had beenasked to pen.

mandatemandatemandatemandatemandate

To authoritatively

command; an order issued

by a superior

1763 French and Indian War endsProclamation of 1763

1764 Sugar ActQuartering ActCurrency Act

1765 Stamp ActSons of Liberty organized

1766 Declaratory Act

1767 Townshend Acts Taxes on imports of paper, lead,and glass

1768

1769

1770 “Boston Massacre”Customs officials begin strictenforcement of trade laws

1771

1772

1773 Tea Act“Boston Tea Party”

1774 Coercive (Intolerable) ActsQuebec ActFirst Continental Congress

1775 Lexington and Concord “The shotheard ‘round the world”Second Continental Congress

1776 Declaration of Independence

1781 United States Victory at the Battle

of Yorktown

1783 Treaty of Paris

1787 United States Constitution





Unalienable Rights

Excerpt from the Declaration of Independence:

“We hold these truths to be self-evident, that all men are created equal; thatthey are endowed by their Creator with certain unalienable rights; that amongthese are life, liberty, and the pursuit of happiness” (second paragraph).

What are “unalienable rights”? These rights, according to Thomas Jefferson and theFounding Fathers of the United States of America, are the rights “endowed by their creator.”

That is, these rights are “provided gratuitously” (“given unearned or without recompense;costing nothing; free,” Webster’s New Collegiate Dictionary ) by God. In other words, theserights or “laws of nature and of nature’s God” come directly from God the Creator (first

paragraph). It had finally become obvious to the Founding Fathers and to many othercolonists that it was up to man to give his consent to be ruled and also to be willing to giveup a portion of his God-given natural rights for the sake of order and security in the largersociety.

The American Founders relied heavily on a substantially rich heritage of Britishpolitical thought and law to further their ultimate aim of independence—notably influencedby Sir William Blackstone, John Locke, John Trenchard, Thomas Gordon, the ScotsmanAdam Smith, and others.

Nothing like Blackstone’s (1723-80) Commentaries on the Laws of England (1765-71)had ever appeared in English before, and little has since. Americans used these EnglishCommentaries as a basis for some of their own political arguments:

“This law of nature, being co-eval with mankind and dictated by God himself,is of course superior in obligation to any other. It is binding over all the globe,and all countries, and at all times: no human laws are of any validity if contraryto this; and such of them as are valid derive all their force, and all theirauthority, mediately or immediately from this original” (William S. Clough,ed., Intellectual Origins of American National Thought , Corinth Books, New York,1955, p 235).

This clause makes an especially strong claim: All man-made laws must reflect natural lawand be in accord with it in order to be valid and have the force of law. In other words, forlaws to be valid, they must be in accord with the “nature of things.” Otherwise, the law

would be an attempt to change the very nature of things. John Locke (1632-1704) looms above all others in his impact upon the FoundingFathers. His Second Treatise on Civil Government (1689) may well be the most influentialbook on political theory ever written, explaining “natural law”:

“To understand political power right, and derive it from the original, we mustconsider, what state all men are naturally in, and that is, a state of perfectfreedom to order their actions, and dispose of their possessions, and





persons [themselves], as they think fit within the bounds of the law of nature, without asking leave, or depending upon the will of any other

man” (Paragraph 4, Chapter II, “Of the State of Nature”).

Trenchard and Gordon’s major contributions occurred primarily in the firsthalf of the eighteenth century. An American edition of their work appeared in NewYork in 1724 and another in 1740. Here is another explanation of unalienable rights:

“All men are born free; Liberty is a Gift which they receive from God;nor can they alienate the same by Consent, though possibly they mayforfeit it by Crimes . . . ” (Quoted in David L. Jacobson, ed., The English

Libertarian Heritage , Bobbs-Merrill, Indianapolis, 1965, p xvii).

Traditional American political philosophy, freely borrowing from the British, teaches

that the individual man is endowed at birth with rights which are unalienable becausegiven by his Creator.

The concept of man’s rights being unalienable is based solely upon belief intheir Divine origin. Lacking this belief, there is no moral basis for any claim thatthese rights are unalienable or for any claim to the great benefits flowing from thisconcept. God-given rights, sometimes called natural rights, are possessed by theindividual man under the law of nature, meaning under the laws of God’s Creationand therefore the gift of God. Man does not have the power to alienate or dispose of,by surrender or consent, his God-given rights, according to this American politicalphilosophy.

Colonial quotations about unalienable rights

“The God who gave us life gave us liberty at the same time; the hand of force may destroy, but cannot disjoin

them.”

Thomas Jefferson, “Rights of British America,” 1774

“ . . . as all men by nature are free . . . that no man can be deprived of liberty, and subjected to perpetual

bondage and servitude, unless he has forfeited his liberty as a malefactor . . . .”

Town-meeting Resolution, Pittsfield, Massachusetts, 1779

“All eyes are opened, or opening, to the rights of man. The general spread of the light of science has alreadylaid open to every view of the palpable truth, that the mass of mankind has not been born with saddles on

their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God.”

Thomas Jefferson, Letter to R.C. Weightman, June 24, 1826

“Government is founded immediately on the necessities of human nature, and ultimately on the will of God,

the author of nature, who has not left it to man in general to choose, whether they will be members of a

society or not, but at the hazard of their senses if not of their lives. Yet it is left to every man as he comes of

age to choose what society he will continue to belong to” (Max Beloff, ed., The Debate on the American

Revolution: 1761-1783 , Sheridan House, Dobbs Ferry, New York, 1989, p 57).

James Otis, The Rights of the British Colonies Asserted and Proved , Boston, July 1764





Earlier Colonial “Plans for Union”

A variety of “plans for union” emerged as early as 1697, three-quarters of a centurybefore the Declaration of Independence. Probably the earliest “Plan for Union” for theEnglish Colonies in America was written in 1697 by William Penn, the Quaker founder of Pennsylvania. Although this was a “call for union,” it was not to incite separation orindependence from England. To the contrary, it was a call to union so as the Colonies could“be more useful to the crown and one another’s peace and safety with an universalconcurrence” (Commager, pp 39-40).

“The Albany Plan of Union” penned by Benjamin Franklin in 1754 was another matter. This call for union pointed toward resolution of the antagonisms brought about by theBritish Empire, particularly by the Navigation Acts. Already the germs of ideas concerning“rule by law” or “man over government” had been spawned. The idea of “government overman” or “Ruler’s Law” was slowly becoming distasteful to the Americans. But it was still too

early, as reflected in the reservations of early proposals, for major changes in government:

“It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed inAmerica, including all the said colonies, within and under which eachgovernment may retain its present constitution . . . .1. That the said general government be administered by a President-General,to be appointed and supported by the crown ; and a Grand Council, to be chosenby representatives of the people of the several Colonies met in their respectiveassemblies” (Commager, 43-45). (italics added)

Although this Plan was rejected by the colonists, one can easily see that it was not yet evenclose to a true call for separation or independence. It seemed, in fact, like almost a grovelingin its “humble application.” Why would the Parliament, representing “King’s Rule” or “Ruler’sLaw,” intentionally give up any of its power to any form of representative government whereinthe custom would be for “self-rule” or “man over government”? It would not—and it did not.

On September 28, 1774, a proposal, supposedly to resolve the continuing problem of home rule, was raised at the Continental Congress gathered in Philadelphia to coordinateColonial actions against the Crown. “Galloway’s Plan of Union” was a carefully worked out“plan” between England and her angry Colonies. Joseph Galloway, who most agreed wasan ardent “friend of liberty,” came up with something so similar to Franklin’s Albany Planfrom twenty years earlier that he had likely read and copied from it. Galloway called for a“royally appointed President-General” and a Colonial legislature empowered with “all rights,

liberties and privileges of Parliament.” It was defeated in the Congress by only one vote.Apparently, as late as the Continental Congress meeting in September 1774, there was stillquite a contingency of colonials that were not yet ready to abandon England for fullindependence. Eventually Galloway fled America for England following the Philadelphiacampaign. Because he thought the Revolution was treasonous, he chose to fight alongsidethe British.

In reality, the real “plan of union” was the Continental Congress itself, not a document.Representatives, each chosen by their respective Colonies, came together to somehow addressgrievances against the English Crown. And following Galloway’s Plan, the next step closer





to the Declaration of Independence was taken during the same Continental Congress onlytwo weeks later.

The four Coercive Acts, or Intolerable Acts as they were called by the colonists, whichwere passed by Parliament following the Boston Tea Party, were finally taking their toll onthe Americans. The Crown sought to punish and humiliate the Colonies, but the Actsbackfired. The Acts further united the colonists in common defense of their liberties. The“Declaration and Resolves of the First Continental Congress,” on October 14, 1774, claimed:

“That the inhabitants of the English Colonies in North America, by theimmutable laws of nature, the principles of the English constitution, and inthe several charters or compacts, have the following Rights:Resolved,1. That they are entitled to life, liberty, and property, & they have never ceded

to any sovereign power whatever , a right to dispose of either without their

consent (Commager, pp. 82-4). (italics added)

Within sixteen days during the Continental Congress, the rhetoric of the American colonistschanged dramatically. With their new language the colonists claimed that they had neverconsented to give up their natural rights, in effect reclaiming the rule which the Crownassumed under its authority. There were nine other claims and further accusations:

“Resolved , that the following acts of Parliament are infringements and violationsof the rights of the colonists; and that the repeal of them is essentially necessary,in order to restore harmony between Great Britain and the American colonies,. . .” (Commager, p. 84). (italics in the original)

This new determination and sense of purpose resulted in not only the reclamation of theirsovereignty but the stipulation of the terms of peace.

Furthermore, on September 27, 1774, the Continental Congress voted “non-intercourse” with Great Britain, halting all commerce. Three days later, a committee wasformed to consider a plan of action. The committee offered its suggestions twelve days lateron October 12. A resolution was adopted on October 18 and signed on October 20. It read:“The signature of the Association may be considered as the commencement of the AmericanUnion.”

The Battle of Lexington and Concord was the opening skirmish of the AmericanRevolution (1775-83). An anonymous pistol-shot rang out on April 19, 1775, andunceremoniously “the shot heard ‘round the world” began the American Revolutionary War.

It was not until the War was more than a year old that Thomas Jefferson was commissionedto write the first draft of a Declaration of Independence, a radical departure from earliercolonial “Plans for Union.”










IIIIINNNNN CCCCCONGRESSONGRESSONGRESSONGRESSONGRESS, J, J, J, J, JULULULULULYYYYY 4, 17764, 17764, 17764, 17764, 1776THETHETHETHETHE UUUUUNANIMOUSNANIMOUSNANIMOUSNANIMOUSNANIMOUS DDDDDECLARAECLARAECLARAECLARAECLARATIONTIONTIONTIONTION

OFOFOFOFOF THETHETHETHETHE TTTTTHIRTEENHIRTEENHIRTEENHIRTEENHIRTEEN

UUUUUNITEDNITEDNITEDNITEDNITED SSSSSTTTTTAAAAATESTESTESTESTES OFOFOFOFOF AAAAAMERICAMERICAMERICAMERICAMERICA

WWWWWhen, in the course of human events, it becomes necessary for one people

to dissolve the political bands which have connected them with another,

and to assume, among the powers of the earth, the separate and equal station to

which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind

requires that they should declare the causes which impel them to the separation.

WWWWWe hold these truths to be self-evident: that all men are created equal;

that they are endowed by their Creator with certain unalienable rights;

that among these are life, liberty, and the pursuit of happiness. That, to secure

these rights, governments are instituted among men, deriving their just powers from the consent of

the governed. That, whenever any form of government becomes destructive of these ends, it is the

right of the people to alter or to abolish it and to institute new government, laying its foundation on

such principles and organizing its powers in such form as to them shall seem most likely to effect

their safety and happiness. Prudence, indeed, will dictate that governments long established should

not be changed for light and transient causes; and accordingly all experience hath shown that mankind

are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the

forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing

invariably the same object, evinces a design to reduce them under absolute despotism, it is their

right, it is their duty, to throw off such government, and to provide new guards for their future

security. Such has been the patient sufferance of these colonies; and such is now the necessity

which constrains them to alter their former systems of government. The history of the present king

of Great Britain is a history of repeated injuries and usurpations, all having in direct object the

establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a

candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended

in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend

to them.





He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable

to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository

of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on

the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the

legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state

remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for

naturalization of foreigners, refusing to pass others to encourage their migration hither, and raising the conditions

of new appropriations of lands.

He has obstructed the administration of justice by refusing his assent to laws for establishing judiciary

powers.

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and

payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and

eat out their substance.

He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of , and superior to, the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution and

unacknowledged by our laws, giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us;

For protecting them, by a mock trial, from punishment for any murders which they should commit on

the inhabitants of these states;

For cutting off our trade with all parts of the world;

For imposing taxes on us without our consent;

For depriving us, in many cases, of the benefits of trial by jury;

For transporting us beyond seas to be tried for pretended offenses;

For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary

government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing

the same absolute rule into these colonies;

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the

forms of our governments;





For suspending our own legislatures, and declaring themselves invested with power to legislate for us inall cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us.

He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our

people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death,

desolation, and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the

most barbarous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow-citizens taken captive on the high seas to bear arms against their country,

to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of

our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of

all ages, sexes, and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms: Our

repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by

every act which may define a tyrant is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our British brethren. We have warned them from time to

time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them

of the circumstances of our emigration and settlement here. We have appealed to their native justice and

magnanimity, and we have conjured them by the ties our common kindred to disavow these usurpations whichwould inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice

and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and

hold them, as we hold the rest of mankind, enemies in war, in peace friends.

WWWWWe, therefore, the Representatives of the United States of America, in

General Congress assembled, appealing to the Supreme Judge of the

world for the rectitude of our intentions, do, in the name, and by authority of the

good people of these colonies, solemnly publish and declare, That these United Colonies are, and of

right out to be, free and independent states; that they are absolved from all allegiance to the British

crown, and that all political connection between them and the state of Great Britain, is and ought to

be, totally dissolved; and that, as free and independent states, they have full power to levy war,

conclude peace, contract alliances, establish commerce, and to do all other acts and things which

independent states may of right do. And for the support of this declaration, with a firm reliance on

the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our

sacred honor.



When, in the course of human events, it becomes necessary forone people to dissolve the political bands which have connectedthem with another, and to assume, among the powers of the earth, theseparate and equal station to which the laws of nature and of nature’sGod entitle them, a decent respect to the opinions of mankind requiresthat they should declare the causes which impel them to the separation.

We hold these truths to be self-evident: that all men arecreated equal; that they are endowed by their Creator with certainunalienable rights; that among

these are life, liberty, and the pursuit of happiness. That, to securethese rights, governments are instituted among men, deriving their justpowers from the consent of the governed. That, whenever any form of

government becomes destructive of these ends, it is the right of the peopleto alter or to abolish it and to institute new government, laying itsfoundation on such principles and organizing its powers in such form asto them shall seem most likely to effect their safety and happiness.Prudence, indeed, will dictate that governments long established shouldnot be changed for light and transient causes; and accordingly allexperience hath shown

that mankind are more disposed to suffer, while evils are sufferable,than to right themselves by abolishing the forms to which they areaccustomed. But when a long train of abuses and usurpations, pursuinginvariably the same object, evinces a design to reduce them underabsolute despotism, it is their right, it is their duty, to throw off suchgovernment, and to provide new guards for their future security. Suchhas been the patient sufferance of these colonies; and such is now thenecessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a historyof repeated injuries and

IIIIINNNNN CCCCCONGRESSONGRESSONGRESSONGRESSONGRESS, J, J, J, J, JULULULULULYYYYY 4, 17764, 17764, 17764, 17764, 1776

THETHETHETHETHE UUUUUNANIMOUSNANIMOUSNANIMOUSNANIMOUSNANIMOUS DDDDDECLARAECLARAECLARAECLARAECLARATIONTIONTIONTIONTION

OFOFOFOFOF THETHETHETHETHE TTTTTHIRTEENHIRTEENHIRTEENHIRTEENHIRTEEN

UUUUUNITEDNITEDNITEDNITEDNITED SSSSSTTTTTAAAAATESTESTESTESTES OFOFOFOFOF AAAAAMERICAMERICAMERICAMERICAMERICA

T T T T T EXT EXT EXT EXT EXT S S S S S CRAMBLE CRAMBLE CRAMBLE CRAMBLE CRAMBLE



usurpations, all having in direct object the establishment of an absolutetyranny over these states. To prove this, let facts be submitted to acandid world.

He has refused his assent to laws, the most wholesome andnecessary for the public good.

He has forbidden his governors to pass laws of immediate and

pressing importance, unless suspended in their operation till his assentshould be obtained; and, when so suspended, he has utterly neglectedto attend to them.

He has refused to pass other laws for the accommodation of largedistricts of people, unless those people would relinquish the right of representation in the

legislature, a right inestimable to them and formidable to tyrantsonly.

He has called together legislative bodies at places unusual,

uncomfortable, and distant from the depository of their public records,for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposingwith manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to causeothers to be elected; whereby the legislative powers, incapable of annihilation, have returned to

the people at large for their exercise; the state remaining in themeantime exposed to all the dangers of invasion from without, andconvulsions within.

He has endeavored to prevent the population of these states; forthat purpose obstructing the laws for naturalization of foreigners, refusingto pass others to encourage their migration hither, and raising theconditions of new appropriations of lands.

He has obstructed the administration of justice by refusing hisassent to laws for establishing judiciary powers.

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarmsof officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, standing armies, withoutthe consent of our legislatures.

He has affected to render the military independent of , and superiorto, the civil power.

He has combined with others to subject us to a jurisdiction foreignto our constitution and unacknowledged by our laws, giving his assent



to their acts of pretended legislation:For quartering large bodies of armed troops among us;For protecting them, by a mock trial, from punishment for any

murders which they should commit on the inhabitants of these states;For cutting off our trade with all parts of the world;For imposing taxes on us without our consent;

For depriving us, in many cases, of the benefits of trial by jury;

For transporting us beyond seas to be tried for pretended offenses;For abolishing the free system of English laws in a neighboring

province, establishing therein an arbitrary government, and enlargingits boundaries so as to render it at once an example and fit instrumentfor introducing the same absolute rule into these colonies;

For taking away our charters, abolishing our most valuable laws,

and altering fundamentally the forms of our governments;For suspending our own legislatures, and declaring themselves

invested with

power to legislate for us in all cases whatsoever.He has abdicated government here, by declaring us out of his

protection and waging war against us.He has plundered our seas, ravaged our coasts, burned our towns,

and destroyed the lives of our people.He is at this time transporting large armies of foreign mercenaries

to complete the works of death, desolation, and tyranny, already begunwith circumstances of cruelty and perfidy scarcely paralleled in the mostbarbarous ages,

and totally unworthy the head of a civilized nation.

He has constrained our fellow-citizens taken captive on the highseas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and hasendeavored to bring on the inhabitants of our frontiers, the mercilessIndian savages, whose known rule of warfare is an undistinguisheddestruction of all ages, sexes, and conditions.

In every stage of these oppressions we have petitioned for redressin the most



humble terms: Our repeated petitions have been answered onlyby repeated injury. A prince, whose character is thus marked by everyact which may define a tyrant is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our British brethren.We have warned them from time to time of attempts by their legislature

to extend an unwarrantable jurisdiction over us. We have remindedthem of the circumstances of our emigration and settlement here. Wehave appealed to their native justice

and magnanimity, and we have conjured them by the ties of ourcommon kindred to disavow these usurpations which would inevitablyinterrupt our connections and correspondence. They too have beendeaf to the voice of justice and of consanguinity. We must, therefore,

acquiesce in the necessity, which denounces our separation, and holdthem, as we hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the Representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name,and by authority of the good people of

these colonies, solemnly publish and declare, That these UnitedColonies are, and of right ought to be, free and independent states; thatthey are absolved from all allegiance to the British crown, and that allpolitical connection between them and the state of Great Britain, is andought to be, totally dissolved; and that, as free and independent states,they have full power to levy war, conclude peace, contract alliances,establish commerce, and to do all other acts and things whichindependent states may of right do. And for the support of thisdeclaration, with a firm reliance on the protection of Divine Providence,we mutually pledge to each other our lives, our fortunes, and our sacred

honor.



Declaration of Independence

Analysis Worksheet

Purpose of Government:

Basic Human Rights:

Wrongs of the King:

Declaration by Colonists:





★ FFFFFederalisederalisederalisederalisederalis t 4 t 4 t 4 t 4 t 477777 ★

PurposePurposePurposePurposePurposeThe purpose of this lesson is for

students to examine the propaganda

used to present two opposing viewpoints

during the ratification of theConstitution.

Object iveObject iveObject iveObject iveObject ive1. The student will analyze and

summarize the Federalist arguments forforforforfor

the ratification of the Constitution using

the Federalist Papers # 47, 48, 49, or 50

by Alexander Hamilton, James Madison,

and John Jay.

2. The student will analyze and

summarize the Anti-Federalist argumentsagainstagainstagainstagainstagainst the ratification of the

Constitution using the writings of Agrippa,

Brutus, the Federal Farmer, and Cato.

Theme-Theme-Theme-Theme-Theme-ResponsibilityResponsibilityResponsibilityResponsibilityResponsibility

Federalist Paper Number 47 discusses

the importance of the three branches of

government and the responsibility each

has to protect their area of authority.

This mutually exclusive responsibility is

an important element in the checks andbalances system.



within and across cultures....

IIe. investigate, interpret, and analyze

multiple historical and contemporary

FocusFocusFocusFocusFocusAsk students to decide on a policy for a specific issue like the wearing of identification badges,

a school dress code, a minimum smoking age, driving permits, etc. (something you know they

will not be able to agree on). Have the class debate the issue for 20 minutes and at the end of

that time everyone will vote on a secret ballot. (Have students use scratch paper--no names.)

Count up the ballots and then have the students try to figure out why they could not get

everyone to agree. Then ask the students to figure out what these terms mean: Majority,

Simple Majority, Quorum, and Unanimous.

viewpoints within and across cultures....

VIa. examine persistent issues involving the

rights, roles, and status of the individual in

relation to the general welfare.

VIc. analyze and explain ideas and mechanisms

to meet needs and wants of citizens, regulate

territory, manage conflict, establish order and

security, and balance competing conceptions of

a just society.

Xc. locate, access, analyze, organize,

synthesize, evaluate, and apply information

about selected public issues--identifying,

describing, and evaluating multiple points of

view.

Xg. evaluate the effectiveness of public opinion

in influencing and shaping public policy

development and decisionp-making.

TimeTimeTimeTimeTime60 minutes (up to 3 days)

Mater ialsMater ialsMater ialsMater ialsMater ials★ Dictionaries

★ Federalist Papers (Numbers 47-50) (see

www.constitution.org/fed/federa00.htm)

★ Anti-Federalist readings from Agrippa,

Brutus, Federal Farmer, Cato, etc. (seehttp://www.constitution.org/afp.htm)

★ Articles from local newspapers and

national magazines



★ Gather supplies (as needed).



★ Federalist 47Federalist 47Federalist 47Federalist 47Federalist 47 ★

continuedA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t y

1. Tell the Students about the Constitutional Convention and how it worked. State representatives

gathered in Philadelphia to discuss changes needed in the Articles of Confederation. Each state

received one vote. When an issue was voted on, regardless of whether it either passed or failed, it

could be brought back for more debate. (See Links page on www.americanheritage.org for addi-

tional resources on the Constitutional Convention and the Articles of Confederation.)

2. Next, explain that after the Constitution was written and agreed upon by the representatives, each

state had to ratify it. In an effort to convince the voters of each state, a series of letters was

written to the editors of nearly every newspaper in the 13 states. These letters were written under

the pseudonym Publius, an ancient Roman Senator and model citizen. Of course several other

people wrote in support of and in complaint against these letters. They too were written under

pseudonyms such at Cato, Brutus, Federal Farmer, and Agrippa. Most people chose names of

honorable Roman citizens, politicians, and scholars. (See Links page on www.americanheritage.org

for additional resources on the Federalist and Anti-Federalist Papers and bios of their authors.)

3. Pass out Federalist handout. Divide the class into small groups of 4 or 5, asking each group to read

the handout and annotate it. Beside each paragraph, students will make notes regarding the ideasand issues presented and jot questions, keeping comments limited to the space available on the

handout. As groups work, circulate among the groups to help determine definitions and meanings.

As the class winds down ask some leading questions about the authors or the need for false

names, etc. Require students to finish the annotation for homework.

4. Students individually or in groups may take cut-out segments of the document and analyze/re-

search and discuss their specific terms and meanings. Students may share their analyses with the

rest of the group/class.

5. Day Two: Ask students to review their notes and question their ideas and thoughts. Point out how

different their notes are from those of other students. Remind them again how hard it was for

them to reach a unanimous group/class decision on one simple issue as compared to what colo-nists 212 + years ago were fighting to accomplish.

6. Next, give half the class a copy of the Federalist argument and the other half an Anti-Federalist

argument. Read each one silently or aloud in two separate groups. As the students read, ask them

to make notes in one color ink of points that are positives or pluses for the writer’s arguments. In a

second color, write out what some people may argue against the writer’s ideas and plans. Let each

half of the class compare notes and discuss whether they like the author’s point-of-view, ideas,

and/or goal of a defined government and what role each citizen plays in that government.

7. Let each half of the class discuss and eventually debate their articles. As a teacher, monitor and

facilitate discussion. Start the activity off by asking a student from each side to summarize his orher article. Then begin asking leading questions of each group. Encourage the students to start

formulating their own questions.

8. Day Three: Pass out copies of the political sections of several issues of newspapers and magazines

like Time, U.S. News and World Report, and Newsweek . Ask students to read or skim through as

many articles as they can in 15-20 minutes. Evaluate the U.S. government’s response to those

issues. Were the Anti-Federalists correct to worry about the far-reaching effects of a strong central

government? Do the checks and balances proposed by the Federalists guarantee a fair and unified

Constitution and government? As a class spend some time debriefing what the articles say and

defend.



Federalist 47Purpose

The Federalist papers were written by Alexander Hamilton, James Madison, and John Jay to promote ratification of the U.S.Constitution. They first appeared in New York newspapers during1787 and 1788. These 85 essays helped win ratification by thenecessary nine states by June 1788 and by all thirteen states byMay 1790.

History The Articles of Confederation, the first American constitution,

was more a “league of friendship” among independent nations thana true act of union among the several states. True, many will claimthe Articles a dismal failure. But if it was looked upon as an interimregime, the government of the Articles had considerable success.

Congress provided national direction for the waging of theRevolutionary War, established peace, passed the NorthwestOrdinances, and developed precedents and influence for the makingof the Constitution of 1787.

On the other hand, the government established by the Articleswas too flawed to be permanent. Because of the fear of tyranny, allpower was held by the individual states so that the citizenry wouldbe over government—to ensure that the power of government lay inthe hands of citizens—except those few powers relinquished to thegovernment.

As a result, a consensus of all 13 states was required for any

alteration of the Articles, and no chief executive or judiciary existed,only the representative legislature (Congress). These conditionsgreatly hindered the government. Additionally, the Congress hadno power over the civilian population, and those powers relinquishedto the legislature still required a three-fourths majority of states.Further, disputes between states could not be resolved satisfactorilywhile total sovereignty remained with the states: states could notbe compelled to pay taxes to support the cost of government,including the cost of the Revolution; no permanent U.S. Capitolcould be established; no power or money existed to raise an army ornavy (as Shays’ Rebellion revealed); and since each state had itsown specie of money, they could not settle disputes regarding the

western lands. The Confederation grew weaker. Goaded by the inadequacies

of the Articles of Confederation, Congress called for

ratificationratificationratificationratificationratification

Formal approval to; madeofficially valid; confirmed

interim rinterim rinterim rinterim rinterim regimeegimeegimeegimeegime

Temporary government or

administration

Northwest OrNorthwest OrNorthwest OrNorthwest OrNorthwest Ordinancesdinancesdinancesdinancesdinances

Three Ordinances adopted

to decide questions about

the Western lands:

• Ordinance of 1784Ordinance of 1784Ordinance of 1784Ordinance of 1784Ordinance of 1784

Divided the Western

lands into districts andoutlined the first

prerequisites for

statehood;


Provided for surveying

and sale of new lands;

and,


Created the Northwest

Territory, which

prohibited slavery.

Shays’ RebellionShays’ RebellionShays’ RebellionShays’ RebellionShays’ Rebellion

An uprising in 1786-87 inwestern Massachusetts by

debt-burdened farmers,

led by Daniel Shays. This

strengthened the idea for

a stronger central

government, as the

government under the

Confederation had neither

the power nor the money

to raise an army to stop

Shays.

soversoversoversoversovereigntyeigntyeigntyeigntyeignty

Supremacy of authority orrule

Additional Reading Additional Reading Additional Reading Additional Reading Additional Reading

★ Bradf Bradf Bradf Bradf Bradf ororororord, M. E..d, M. E..d, M. E..d, M. E..d, M. E.. Original Intentions: On the Making and Ratification of the United States Constitution . AAAAAthens:thens:thens:thens:thens:

University of Georgia Press, 1993.University of Georgia Press, 1993.University of Georgia Press, 1993.University of Georgia Press, 1993.University of Georgia Press, 1993.

★ Eidsmore, John.Eidsmore, John.Eidsmore, John.Eidsmore, John.Eidsmore, John. Christianity and the Constitution: The Faith of the Founding Fathers . Grand Rapids, MI: BakGrand Rapids, MI: BakGrand Rapids, MI: BakGrand Rapids, MI: BakGrand Rapids, MI: Bakererererer

Books, 1987.Books, 1987.Books, 1987.Books, 1987.Books, 1987.

★ LeLeLeLeLevyvyvyvyvy, Leonar, Leonar, Leonar, Leonar, Leonard Wd Wd Wd Wd W., ed.., ed.., ed.., ed.., ed. Essays on the Making of the Constitution . NeNeNeNeNew Y w Y w Y w Y w Y ororororork: Oxf k: Oxf k: Oxf k: Oxf k: Oxf ororororord Ud Ud Ud Ud Univnivnivnivnivererererersity Press, 1sity Press, 1sity Press, 1sity Press, 1sity Press, 1989898989877777.....





delegates to Philadelphia’s Independence Hall to amend the Articles.Work began immediately, on May 25, 1787, to write a totally newConstitution. There were impassioned political battles, primarilyover representation. Finally, on September 17, 1787, the work of the convention came to an end.

The new Constitution still needed to be ratified by the statesbut now only by nine rather than by all thirteen of them. TheFederalists Hamilton, Madison, and Jay, with the support andprestige of such men as Washington and Franklin, wrote articles tobe published in newspapers that would eventually be collected underthe title The Federalist. These were written to persuade a wary publicof the need to ratify the newly drafted U.S. Constitution. On May29, 1790, the thirteenth and last of the states, Rhode Island, votedto ratify the new Constitution.

The Federalist

Number 47 — James Madison

Federalist 47 describes the particular structure of the newgovernment and the distribution of power among its different parts:

“The accumulation of all powers, legislative, executive,and judiciary, in the same hands, whether of one, afew, or many, and whether hereditary, self-appointed,

or elective, may justly be pronounced the very definitionof tyranny” (third paragraph).

This statement encapsulates the intense fear that manyAmericans had for government. Any government, they suspected,without a well-defined “separation of powers” and “checks andbalances,” could coerce the people. They dreaded an unrestrainedcentralized government—a government that would undoubtedlybecome tyrannical, ruling arbitrarily and without the consent of the people. The citizens of this new young United States of Americahad already experienced despotism under the monarchical rule of England. These same citizens had fought a war so that man was

over government and not government over man.Americans demanded the freedom to choose and the absence

of coercion and did not want to be “swallowed up by the states.”“What emerged from this discussion was a clear delineation of thefederal balance [among the executive, legislative, and judicialbranches] explaining the state and national jurisdictions and the

tyrannytyrannytyrannytyrannytyranny

A government in which a

single ruler is vested with

absolute power, especially

when exercised unjustly,

severely, cruelly, or

arbitrarily

coerce

To force to act or think ina given manner by

pressure, threats, or

intimidation; to compel;

to bring about by force

despotism

The rule by an absolute

power or authority;

tyranny; oppression

monarchical

Of, pertaining to,characteristic of, or ruled

by a sole and absolute

ruler of the state, usually

a hereditary sovereign

such as a king or emperor





relationships between them. It was to be a system of dual

sovereigntie s, each with its appropriate powers and field of action”

(M. Stanton Evans, The Theme Is Freedom: Religion, Politics, and the American Tradition, Regnery Publishing, Inc., Washington, D.C.,1994, pp. 263-64). Although giving up a portion of state powers tothe federal government, with the appropriate balance of power, theFederalists argued, Americans would be safe from tyranny. Thisbalance of power was defined by the Constitution as each branchwas designed to help restrain the other branches from any violationof the Constitution—hence, “checks and balances.”

To convince the delegates at state conventions to ratifypromptly, the Constitution’s three prime supporters—AlexanderHamilton, James Madison, and John Jay—joined together inpublishing 85 essays, under the pseudonym “Publius” (after thelegendary Roman emperor and defender of the Republic, PubliusValerius), which defended the Constitution and argued for its speedyratification.

Thus, “the method of establishing and tightly controlling powerthrough conventions, the written Constitution, federalism, thedoctrine of ‘enumerated power,’ and other techniques for limitingall authority whatsoever” had been created and instituted (Evans,p. 311). This work became a reality on June 21, 1788, when NewHampshire—the ninth state to do so—ratified the U.S. Constitutionand it became the law of the land. The people had consented to givelimited power to the new federal government.

Constitutional Era / Founding Father Quotations Supporting

Separation of Powers

“The use of checks and balances in the forms of government, is to create delays and multiply diversities of

interests, by which the tendency on a sudden to violate them may be counteracted.” John Adams, “On Government,” 1778

“But there is a Degree of Watchfulness over all Men possessed of Power or Influence upon which the Liberties

of mankind much depend. It is necessary to guard against the Infirmities of the best as well as the Wickedness

of the worst of Men. Such is the Weakness of human Nature that Tyranny has oftener sprang from that than

any other Source. It is this that unravels the Mystery of Millions being enslaved by a few.” (Original

capitalizations)

Samuel Adams, Letter to Elbridge Gerry, 1784





Federalist Authorship Notes

“The task for the Federalist authors was marked out for them the day the newConstitution for the United States was made known to the people of New York State. On thesame day it was published, and immediately beside it in the papers, appeared an attackupon the Constitution, signed by Cato who was known to be Governor Clinton. Thereafter,many of the most powerful figures in New York political life, writing under the name of renowned Romans, came out in opposition to the new instrument of government” (Great

Books of the Western World , Robert Maynard Hutchins, Editor in Chief, The University of Chicago, 1952, Vol. 43, p. 23).

Alexander Hamilton, under the pseudonym Caesar, responded bitterly and personallyto answer Clinton. After two articles, Hamilton was persuaded that this tactic would nothelp in the ratification of the Constitution. He relinquished this tactic and began a newapproach, arguing directly in favor of the ratification. James Madison and John Jay almost

immediately joined with Hamilton in writing well-reasoned arguments for the adoption of the new Constitution.

Each author was a specialist in his field: Hamilton wrote 50 essays emphasizingeconomic and other financial issues and argued persuasively for a strong central executive(a president); Madison wrote 30 articles focused on political theory, arguing that Federalpower, rather than oppressing the people, would prevent self-seekers from imposing theirwill and wishes on all; and Jay offered 5 essays on foreign affairs.

Biographical Notes

Alexander HamiltonAlexander HamiltonAlexander HamiltonAlexander HamiltonAlexander Hamilton 1755-1804, U.S. statesman; born in the West Indies1755-1804, U.S. statesman; born in the West Indies1755-1804, U.S. statesman; born in the West Indies1755-1804, U.S. statesman; born in the West Indies1755-1804, U.S. statesman; born in the West IndiesHamilton emigrated to New York in 1772 to further his studies. Within two years, he

was in the thick of the Revolutionary turmoil and wrote pamphlets advocating the grievancesof the patriots against the crown. In the American Revolution, he was General Washington’saide and private secretary for four years (1777-81) until he took over a field command.

Following the war, he concentrated on his law practice. Within a few years, Hamiltonwas among the slowly growing movement for a strong national government. As a delegateto the Annapolis Convention (1786), he took the lead in calling for a ConstitutionalConvention. Although Hamilton thought the new Constitution “puny,” he realized that itwas a much needed improvement over the Articles of Confederation. He was soon writingpamphlets as “Publius.”

After the first inauguration, Hamilton was once again working with Washington, now

President, in his cabinet as Secretary of the Treasury. A bitterness arose between Hamilton,a Federalist, and Thomas Jefferson, Secretary of State, who was devoted to the principles of rural democracy. From their disputes arose two factions which formed the first two politicalparties—Hamilton’s own Federalist Party and Jefferson’s Anti-Federalists, later theDemocratic-Republican Party. As Secretary of the Treasury, Hamilton created the basis of the U.S. fiscal system, secured the Nation’s credit and increased the power of the federalgovernment.





In the presidential election of 1801, Jefferson was tied in the Electoral College withAaron Burr. Hamilton, though he loathed Jefferson’s democratic principles, feared Burr’slack of principles even more. Thus, with Hamilton’s support, Jefferson was elected President;

Burr became Vice President. In 1804, when Burr ran for the governorship of New York,Hamilton once again stepped in and crushed his hopes. Burr sought revenge and challengedHamilton to a duel. On the morning of July 11, 1804, the two men met in a field inWeehawken, New Jersey. Each fired a shot; Burr’s struck his opponent, and Hamilton laymortally wounded in the mud. Hamilton died the next day.

James MadisonJames MadisonJames MadisonJames MadisonJames Madison 1751-1836, 4th president of the U.S. (1809-17); born in1751-1836, 4th president of the U.S. (1809-17); born in1751-1836, 4th president of the U.S. (1809-17); born in1751-1836, 4th president of the U.S. (1809-17); born in1751-1836, 4th president of the U.S. (1809-17); born in

Port Conway, VirginiaPort Conway, VirginiaPort Conway, VirginiaPort Conway, VirginiaPort Conway, Virginia

An early opponent of British colonial measures, Madison helped draft the Constitutionfor the new state of Virginia (1776), served in the Continental Congress (1780-83 and 1787),and was a member of the Virginia legislature (1784-86). He was active in the call for theAnnapolis Convention (1786), and his contributions at the Federal Constitutional Convention

(1787) earned him the title “master builder of the Constitution.” A principal contributor tothe Federalist papers, he was largely responsible for securing ratification of the Constitutionin Virginia. As a congressman from Virginia (1789-97), Madison was a strong advocate of the Bill of Rights. A steadfast enemy of the financial measures of Alexander Hamilton, hewas a leading Jeffersonian.

After Jefferson triumphed in the presidential election of 1800, Madison became hisSecretary of State. He succeeded Jefferson as president in 1809. The unpopular andunsuccessful War of 1812, known disparagingly as “Mr. Madison’s War,” was the chief event of his administration. National expansion began during his term in office.

Retiring in 1817, he lived quietly with his wife, Dolley Madison. She married Madisonin 1794 (her first husband had died in 1793). As official White House hostess for Thomas

Jefferson (who was a widower) and for her husband, she was noted for the magnificence of her entertainments, as well as for her charm, tact, and grace.

John JayJohn JayJohn JayJohn JayJohn Jay 1745-1829, American statesman, the first Chief Justice of the1745-1829, American statesman, the first Chief Justice of the1745-1829, American statesman, the first Chief Justice of the1745-1829, American statesman, the first Chief Justice of the1745-1829, American statesman, the first Chief Justice of the

United States (1789-95); born in New York City United States (1789-95); born in New York City United States (1789-95); born in New York City United States (1789-95); born in New York City United States (1789-95); born in New York City

Born into a wealthy and prestigious family, John Jay grew into manhood believingthat the monied classes represented the only safe repository of power. He said, “Those whoown the country ought to govern it.” He first feared that independence for the Colonieswould lead to mob rule and chaos, but he slowly became a leader of the Revolution.

Later, as a lawyer, he guided the drafting of the New York State constitution. Jay waspresident of the Continental Congress (1778-79) and one of the commissioners who negotiatedpeace with Great Britain (1781-83). As secretary of foreign affairs (1784-89), he advocated

a strong central government. During Jay’s tenure as Chief Justice, he was sent on a missionto England where he negotiated what became known as “Jay’s Treaty” (1794). Although thepact prevented war, he was violently criticized for its concessions to the British.

Jay resigned from the Supreme Court in 1795 when he was elected governor of NewYork, a position he held until 1801. While in that office he signed the act ending slavery inthat state. Upon leaving the governorship, Jay retired to his farm in Bedford, New York,and remained a private citizen until his death in 1829.





Federalist No. 47Federalist No. 47Federalist No. 47Federalist No. 47Federalist No. 47 by James Madison January 30, 1788

To the People of the State of New York.Having reviewed the general form of the proposed government, and the general

mass of power allotted to it: I proceed to examine the particular structure of thisgovernment, and the distribution of this mass of power among its constituent parts.

One of the principal objections inculcated by the more respectable adversaries tothe constitution, is its supposed violation of the political maxim, that the legislative,executive and judiciary departments ought to be separate and distinct. In the structureof the federal government, no regard, it is said, seems to have been paid to this essentialprecaution in favor of liberty. The several departments of power are distributed and

blended in such a manner, as at once to destroy all symmetry and beauty of form; andto expose some of the essential parts of the edifice to the danger of being crushed by thedisproportionate weight of other parts.

No political truth is certainly of greater intrinsic value or is stamped with theauthority of more enlightened patrons of liberty than that on which the objection isfounded. The accumulation of all powers legislative, executive and judiciary in the samehands, whether of one, a few or many, and whether hereditary, self appointed, or elective,may justly be pronounced the very definition of tyranny. Were the federal constitutiontherefore really chargeable with this accumulation of power or with a mixture of powershaving a dangerous tendency to such an accumulation, no further arguments would benecessary to inspire a universal reprobation of the system. I persuade myself however,

that it will be made apparent to every one, that the charge cannot be supported, andthat the maxim on which it relies, has been totally misconceived and misapplied. Inorder to form correct ideas on this important subject, it will be proper to investigate thesense, in which the preservation of liberty requires, that the three great departments of power should be separate and distinct.

The oracle who is always consulted and cited on this subject, is the celebratedMontesquieu. If he be not the author of this invaluable precept in the science of politics,he has the merit at least of displaying, and recommending it most effectually to theattention of mankind. Let us endeavour in the first place to ascertain his meaning onthis point.

The British constitution was to Montesquieu, what Homer has been to the didactic

writers on epic poetry. As the latter have considered the work of the immortal Bard, asthe perfect model from which the principles and rules of the epic art were to be drawn,and by which all similar works were to be judged; so this great political critic appears tohave viewed the constitution of England, as the standard, or to use his own expression,as the mirrour of political liberty; and to have delivered in the form of elementary truths,the several characteristic principles of that particular system. That we may be sure thennot to mistake his meaning in this case, let us recur to the source from which themaxim was drawn.

On the slightest view of the British constitution we must perceive, that thelegislative, executive and judiciary departments are by no means totally separate and





distinct from each other. The executive magistrate forms an integral part of the legislativeauthority. He alone has the prerogative of making treaties with foreign sovereigns, which

when made have, under certain limitations, the force of legislative acts. All the membersof the judiciary department are appointed by him; can be removed by him on the addressof the two Houses of Parliament, and form, when he pleases to consult them, one of hisconstitutional councils. One branch of the legislative department forms also, a greatconstitutional council to the executive chief; as on another hand, it is the sole depositaryof judicial power in cases of impeachment, and is invested with the supreme appellate jurisdiction, in all other cases. The judges again are so far connected with the legislativedepartment, as often to attend and participate in its deliberations, though not admittedto a legislative vote.

From these facts by which Montesquieu was guided it may clearly be inferred,that in saying “there can be no liberty where the legislative and executive powers are

united in the same person, or body of magistrates,” or “if the power of judging be notseparated from the legislative and executive powers,” he did not mean that thesedepartments ought to have no partial agency in, or no controul over the acts of eachother. His meaning, as his own words import, and still more conclusively as illustratedby the example in his eye, can amount to no more than this, that where the whole powerof one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution, are subverted. This would have been the case in the constitution examined by him, if the King who isthe sole executive magistrate, had possessed also the compleat legislative power, or thesupreme administration of justice; or if the entire legislative body, had possessed thesupreme judiciary, or the supreme executive authority. This however is not among the

vices of that constitution. The magistrate in whom the whole executive power residescannot of himself make a law, though he can put a negative on every law, nor administer justice in person, though he has the appointment of those who do administer it. The judges can exercise no executive prerogative, though they are shoots from the executivestock, nor any legislative function, though they may be advised with by the legislativecouncils. The entire legislature, can perform no judiciary act, though by the joint act of two of its branches, the judges may be removed from their offices; and though one of itsbranches is possessed of the judicial power in the last resort. The entire legislatureagain can exercise no executive prerogative, though one of its branches constitutes thesupreme executive magistracy; and another, on the impeachment of a third, can try andcondemn all the subordinate officers in the executive department.

The reasons on which Montesquieu grounds his maxim are a further demonstrationof his meaning. “When the legislative and executive powers are united in the sameperson or body” says he, “there can be no liberty, because apprehensions may arise lestthe same monarch or senate should enact tyrannical laws, to execute them in a tyrannicalmanner.” Again “Were the power of judging joined with the legislative, the life and libertyof the subject would be exposed to arbitrary controul, for the judge would then be the legislator . Were it joined to the executive power, the judge might behave with all theviolence of an oppressor .” Some of these reasons are more fully explained in otherpassages; but briefly stated as they are here, they sufficiently establish the meaningwhich we have put on this celebrated maxim of this celebrated author.





If we look into the constitutions of the several states we find that notwithstandingthe emphatical, and in some instances, the unqualified terms in which this axiom has

been laid down, there is not a single instance in which the several departments of powerhave been kept absolutely separate and distinct. New-Hampshire, whose constitutionwas the last formed, seems to have been fully aware of the impossibility and inexpediencyof avoiding any mixture whatever of these departments; and has qualified the doctrineby declaring “that the legislative, executive and judiciary powers ought to be kept asseparate from, and independent of each other as the nature of a free government will

admit; or as is consistent with that chain of connection, that binds the whole fabric of the constitution in one indissoluble bond of unity and amity .” Her constitution accordinglymixes these departments in several respects. The senate which is a branch of thelegislative department is also a judicial tribunal for the trial of empeachments. Thepresident who is the head of the executive department, is the presiding member also of

the senate; and besides an equal vote in all cases, has a casting vote in case of a tie. Theexecutive head is himself eventually elective every year by the legislative department;and his council is every year chosen by and from the members of the same department.Several of the officers of state are also appointed by the legislature. And the members of the judiciary department are appointed by the executive department.

The constitution of Massachusetts has observed a sufficient though less pointedcaution in expressing this fundamental article of liberty. It declares “that the legislativedepartment shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legislative and executive powers, or either of them.” This declaration corresponds precisely with the doctrine of Montesquieu as it has been

explained, and is not in a single point violated by the plan of the Convention. It goes nofarther than to prohibit any one of the entire departments from exercising the powers of another department. In the very constitution to which it is prefixed, a partial mixture of powers has been admitted. The Executive Magistrate has a qualified negative on theLegislative body; and the Senate, which is a part of the Legislature, is a court of impeachment for members both of the executive and judiciary departments. The membersof the judiciary department again are appointable by the executive department, andremovable by the same authority, on the address of the two legislative branches. Lastly,a number of the officers of government are annually appointed by the legislativedepartment. As the appointment to offices, particularly executive offices, is in its naturean executive function, the compilers of the Constitution have in this last point at least,

violated the rule established by themselves.I pass over the constitutions of Rhode-Island and Connecticut, because they wereformed prior to the revolution; and even before the principle under examination hadbecome an object of political attention.

The constitution of New-York contains no declaration on this subject; but appearsvery clearly to have been framed with an eye to the danger of improperly blending thedifferent departments. It gives nevertheless to the executive magistrate a partial controulover the legislative department; and what is more, gives a like controul to the judiciarydepartment, and even blends the executive and judiciary departments in the exercise of this controul. In its council of appointment, members of the legislative are associated





with the executive authority in the appointment of officers both executive and judiciary.And its court for the trial of impeachments and correction of errors, is to consist of one

branch of the legislature and the principal members of the judiciary department. The constitution of New-Jersey has blended the different powers of governmentmore than any of the preceding. The governor, who is the executive magistrate, isappointed by the legislature; is chancellor and ordinary or surrogate of the state; is amember of the supreme court of appeals, and president with a casting vote, of one of thelegislative branches. The same legislative branch acts again as executive council to thegovernor, and with him constitutes the court of appeals. The members of the judiciarydepartment are appointed by the legislative department, and removable by one branchof it, on the impeachment of the other.

According to the constitution of Pennsylvania, the president, who is head of theexecutive department, is annually elected by a vote in which the legislative department

predominates. In conjunction with an executive council, he appoints the members of the judiciary department, and forms a court of impeachments for trial of all officers, judiciary as well as executive. The judges of the supreme court, and justices of thepeace, seem also to be removeable by the legislature; and the executive power of pardoningin certain cases to be referred to the same department. The members of the executivecouncil are made EX OFFICIO justices of peace throughout the state.

In Delaware, the chief executive magistrate is annually elected by the legislativedepartment. The speakers of the two legislative branches are vice-presidents in theexecutive department. The executive chief, with six others, appointed three by each of the legislative branches, constitute the supreme court of appeals: He is joined with thelegislative department in the appointment of the other judges. Throughout the states it

appears that the members of the legislature may at the same time be justices of thepeace. In this state, the members of one branch of it are EX OFFICIO justices of peace;as are also the members of the executive council. The principal officers of the executivedepartment are appointed by the legislative; and one branch of the latter forms a courtof impeachments. All officers may be removed on address of the legislature.

Maryland has adopted the maxim in the most unqualified terms; declaring thatthe legislative, executive and judicial powers of government, ought to be forever separateand distinct from each other. Her constitution, notwithstanding makes the executivemagistrate appointable by the legislative department; and the members of the judiciary,by the executive department.

The language of Virginia is still more pointed on this subject. Her constitution

declares, “that the legislative, executive and judiciary departments, shall be separateand distinct; so that neither exercise the powers properly belonging to the other; norshall any person exercise the powers of more than one of them at the same time; exceptthat the justices of the county courts shall be eligible to either house of assembly.” Yetwe find not only this express exception, with respect to the members of the inferiorcourts; but that the chief magistrate with his executive council are appointable by thelegislature; that two members of the latter are triennially displaced at the pleasure of the legislature; and that all the principal offices, both executive and judiciary, are filledby the same department. The executive prerogative of pardon, also is in one case vestedin the legislative department.





The constitution of North-Carolina, which declares, “that the legislative, executiveand supreme judicial powers of government, ought to be forever separate and distinct

from each other,” refers at the same time to the legislative department, the appointmentnot only of the executive chief, but all the principal officers within both that and the judiciary department.

In South-Carolina, the constitution makes the executive magistracy eligible bythe legislative department. It gives to the latter also the appointment of the members of the judiciary department, including even justices of the peace and sheriffs; and theappointment of officers in the executive department, down to captains in the army andnavy of the state.

In the constitution of Georgia, where it is declared, “that the legislative, executiveand judiciary departments shall be separate and distinct, so that neither exercise thepowers properly belonging to the other.” We find that the executive department is to be

filled by appointments of the legislature; and the executive prerogative of pardon, to befinally exercised by the same authority. Even justices of the peace are to be appointedby the legislature.

In citing these cases in which the legislative, executive and judiciary departments,have not been kept totally separate and distinct, I wish not to be regarded as an advocatefor the particular organizations of the several state governments. I am fully aware thatamong the many excellent principles which they exemplify, they carry strong marks of the haste, and still stronger of the inexperience, under which they were framed. It is buttoo obvious that in some instances, the fundamental principle under consideration hasbeen violated by too great a mixture, and even an actual consolidation of the differentpowers; and that in no instance has a competent provision been made for maintaining

in practice the separation delineated on paper. What I have wished to evince is, that thecharge brought against the proposed constitution, of violating a sacred maxim of freegovernment, is warranted neither by the real meaning annexed to that maxim by itsauthor; nor by the sense in which it has hitherto been understood in America. Thisinteresting subject will be resumed in the ensuing paper.

Publius

(Pseudonym)



Federalist No. 47Federalist No. 47Federalist No. 47Federalist No. 47Federalist No. 47 James Madison January 30, 1788

To the People of the State of New York.

Text Analysis

Having reviewed the general form of the proposed government, and the general massof power allotted to it: I proceed to examine the particular structure of this government, andthe distribution of this mass of power among its constituent parts.

One of the principal objections inculcated by the more respectable adversaries to theconstitution, is its supposed violation of the political maxim, that the legislative, executiveand judiciary departments ought to be separate and distinct. In the structure of the federalgovernment, no regard, it is said, seems to have been paid to this essential precaution infavor of liberty. The several departments of power are distributed and blended in such amanner, as at once to destroy all symmetry and beauty of form; and to expose some of the

essential parts of the edifice to the danger of being crushed by the disproportionate weightof other parts.

No political truth is certainly of greater intrinsic value or is stamped with the authorityof more enlightened patrons of liberty than that on which the objection is founded. Theaccumulation of all powers legislative, executive and judiciary in the same hands, whetherof one, a few or many, and whether hereditary, self appointed, or elective, may justly bepronounced the very definition of tyranny. Were the federal constitution therefore reallychargeable with this accumulation of power or with a mixture of powers having a dangeroustendency to such an accumulation, no further arguments would be necessary to inspire a

universal reprobation of the system. I persuade myself however, that it will be made apparentto every one, that the charge cannot be supported, and that the maxim on which it relies,has been totally misconceived and misapplied. In order to form correct ideas on this importantsubject, it will be proper to investigate the sense, in which the preservation of liberty requires,that the three great departments of power should be separate and distinct.

The oracle who is always consulted and cited on this subject, is the celebratedMontesquieu. If he be not the author of this invaluable precept in the science of politics, hehas the merit at least of displaying, and recommending it most effectually to the attention of mankind. Let us endeavour in the first place to ascertain his meaning on this point.

The British constitution was to Montesquieu, what Homer has been to the didacticwriters on epic poetry. As the latter have considered the work of the immortal Bard, as theperfect model from which the principles and rules of the epic art were to be drawn, and bywhich all similar works were to be judged; so this great political critic appears to haveviewed the constitution of England, as the standard, or to use his own expression, as themirrour of political liberty; and to have delivered in the form of elementary truths, theseveral characteristic principles of that particular system. That we may be sure then not tomistake his meaning in this case, let us recur to the source from which the maxim wasdrawn.



On the slightest view of the British constitution we must perceive, that the legislative,executive and judiciary departments are by no means totally separate and distinct fromeach other. The executive magistrate forms an integral part of the legislative authority. Healone has the prerogative of making treaties with foreign sovereigns, which when madehave, under certain limitations, the force of legislative acts. All the members of the judiciarydepartment are appointed by him; can be removed by him on the address of the two Housesof Parliament, and form, when he pleases to consult them, one of his constitutional councils.

One branch of the legislative department forms also, a great constitutional council to theexecutive chief; as on another hand, it is the sole depositary of judicial power in cases of impeachment, and is invested with the supreme appellate jurisdiction, in all other cases.

The judges again are so far connected with the legislative department, as often to attendand participate in its deliberations, though not admitted to a legislative vote.

From these facts by which Montesquieu was guided it may clearly be inferred, that insaying “there can be no liberty where the legislative and executive powers are united in thesame person, or body of magistrates,” or “if the power of judging be not separated from thelegislative and executive powers,” he did not mean that these departments ought to have no partial agency in, or no controul over the acts of each other. His meaning, as his own wordsimport, and still more conclusively as illustrated by the example in his eye, can amount tono more than this, that where the whole power of one department is exercised by the samehands which possess the whole power of another department, the fundamental principlesof a free constitution, are subverted. This would have been the case in the constitutionexamined by him, if the King who is the sole executive magistrate, had possessed also thecompleat legislative power, or the supreme administration of justice; or if the entire legislativebody, had possessed the supreme judiciary, or the supreme executive authority. This howeveris not among the vices of that constitution.

The magistrate in whom the whole executive power resides cannot of himself make a law,

though he can put a negative on every law, nor administer justice in person, though he hasthe appointment of those who do administer it. The judges can exercise no executiveprerogative, though they are shoots from the executive stock, nor any legislative function,though they may be advised with by the legislative councils. The entire legislature, canperform no judiciary act, though by the joint act of two of its branches, the judges may beremoved from their offices; and though one of its branches is possessed of the judicialpower in the last resort. The entire legislature again can exercise no executive prerogative,though one of its branches constitutes the supreme executive magistracy; and another, onthe impeachment of a third, can try and condemn all the subordinate officers in the executivedepartment.

The reasons on which Montesquieu grounds his maxim are a further demonstrationof his meaning. “When the legislative and executive powers are united in the same personor body” says he, “there can be no liberty, because apprehensions may arise lest the same

monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”Again “Were the power of judging joined with the legislative, the life and liberty of thesubject would be exposed to arbitrary controul, for the judge would then be the legislator .Were it joined to the executive power, the judge might behave with all the violence of an

oppressor .” Some of these reasons are more fully explained in other passages; but brieflystated as they are here, they sufficiently establish the meaning which we have put on thiscelebrated maxim of this celebrated author.



If we look into the constitutions of the several states we find that notwithstandingthe emphatical, and in some instances, the unqualified terms in which this axiom has beenlaid down, there is not a single instance in which the several departments of power havebeen kept absolutely separate and distinct. New-Hampshire, whose constitution was thelast formed, seems to have been fully aware of the impossibility and inexpediency of avoidingany mixture whatever of these departments; and has qualified the doctrine by declaring“that the legislative, executive and judiciary powers ought to be kept as separate from, and

independent of each other as the nature of a free government will admit; or as is consistent with that chain of connection, that binds the whole fabric of the constitution in one indissoluble

bond of unity and amity .” Her constitution accordingly mixes these departments in severalrespects. The senate which is a branch of the legislative department is also a judicial tribunalfor the trial of empeachments. The president who is the head of the executive department,is the presiding member also of the senate; and besides an equal vote in all cases, has acasting vote in case of a tie. The executive head is himself eventually elective every year bythe legislative department; and his council is every year chosen by and from the membersof the same department. Several of the officers of state are also appointed by the legislature.And the members of the judiciary department are appointed by the executive department.

The constitution of Massachusetts has observed a sufficient though less pointedcaution in expressing this fundamental article of liberty. It declares “that the legislativedepartment shall never exercise the executive and judicial powers, or either of them: Theexecutive shall never exercise the legislative and judicial powers, or either of them: The

judicial shall never exercise the legislative and executive powers, or either of them.” Thisdeclaration corresponds precisely with the doctrine of Montesquieu as it has been explained,and is not in a single point violated by the plan of the Convention. It goes no farther than toprohibit any one of the entire departments from exercising the powers of another department.In the very constitution to which it is prefixed, a partial mixture of powers has been admitted.

The Executive Magistrate has a qualified negative on the Legislative body; and the Senate,which is a part of the Legislature, is a court of impeachment for members both of theexecutive and judiciary departments. The members of the judiciary department again areappointable by the executive department, and removable by the same authority, on theaddress of the two legislative branches. Lastly, a number of the officers of government areannually appointed by the legislative department. As the appointment to offices, particularlyexecutive offices, is in its nature an executive function, the compilers of the Constitutionhave in this last point at least, violated the rule established by themselves.

I pass over the constitutions of Rhode-Island and Connecticut, because they wereformed prior to the revolution; and even before the principle under examination had becomean object of political attention.

The constitution of New-York contains no declaration on this subject; but appearsvery clearly to have been framed with an eye to the danger of improperly blending thedifferent departments. It gives nevertheless to the executive magistrate a partial controulover the legislative department; and what is more, gives a like controul to the judiciarydepartment, and even blends the executive and judiciary departments in the exercise of this controul. In its council of appointment, members of the legislative are associated withthe executive authority in the appointment of officers both executive and judiciary. And itscourt for the trial of impeachments and correction of errors, is to consist of one branch of the legislature and the principal members of the judiciary department.



The constitution of New-Jersey has blended the different powers of government morethan any of the preceding. The governor, who is the executive magistrate, is appointed bythe legislature; is chancellor and ordinary or surrogate of the state; is a member of thesupreme court of appeals, and president with a casting vote, of one of the legislative branches.

The same legislative branch acts again as executive council to the governor, and with himconstitutes the court of appeals. The members of the judiciary department are appointed bythe legislative department, and removable by one branch of it, on the impeachment of the

other.According to the constitution of Pennsylvania, the president, who is head of the

executive department, is annually elected by a vote in which the legislative departmentpredominates. In conjunction with an executive council, he appoints the members of the

judiciary department, and forms a court of impeachments for trial of all officers, judiciaryas well as executive. The judges of the supreme court, and justices of the peace, seem alsoto be removeable by the legislature; and the executive power of pardoning in certain casesto be referred to the same department. The members of the executive council are made EXOFFICIO justices of peace throughout the state.

In Delaware, the chief executive magistrate is annually elected by the legislativedepartment. The speakers of the two legislative branches are vice-presidents in the executivedepartment. The executive chief, with six others, appointed three by each of the legislativebranches, constitute the supreme court of appeals: He is joined with the legislativedepartment in the appointment of the other judges. Throughout the states it appears thatthe members of the legislature may at the same time be justices of the peace. In this state,the members of one branch of it are EX OFFICIO justices of peace; as are also the membersof the executive council. The principal officers of the executive department are appointed bythe legislative; and one branch of the latter forms a court of impeachments. All officers maybe removed on address of the legislature.

Maryland has adopted the maxim in the most unqualified terms; declaring that thelegislative, executive and judicial powers of government, ought to be forever separate anddistinct from each other. Her constitution, notwithstanding makes the executive magistrateappointable by the legislative department; and the members of the judiciary, by the executivedepartment.

The language of Virginia is still more pointed on this subject. Her constitution declares,“that the legislative, executive and judiciary departments, shall be separate and distinct; sothat neither exercise the powers properly belonging to the other; nor shall any personexercise the powers of more than one of them at the same time; except that the justices of the county courts shall be eligible to either house of assembly.” Yet we find not only thisexpress exception, with respect to the members of the inferior courts; but that the chief magistrate with his executive council are appointable by the legislature; that two membersof the latter are triennially displaced at the pleasure of the legislature; and that all theprincipal offices, both executive and judiciary, are filled by the same department. Theexecutive prerogative of pardon, also is in one case vested in the legislative department.

The constitution of North-Carolina, which declares, “that the legislative, executiveand supreme judicial powers of government, ought to be forever separate and distinct fromeach other,” refers at the same time to the legislative department, the appointment not onlyof the executive chief, but all the principal officers within both that and the judiciarydepartment.



In South-Carolina, the constitution makes the executive magistracy eligible by thelegislative department. It gives to the latter also the appointment of the members of the

judiciary department, including even justices of the peace and sheriffs; and the appointmentof officers in the executive department, down to captains in the army and navy of the state.

In the constitution of Georgia, where it is declared, “that the legislative, executiveand judiciary departments shall be separate and distinct, so that neither exercise the powersproperly belonging to the other.” We find that the executive department is to be filled by

appointments of the legislature; and the executive prerogative of pardon, to be finally exercisedby the same authority. Even justices of the peace are to be appointed by the legislature.

In citing these cases in which the legislative, executive and judiciary departments,have not been kept totally separate and distinct, I wish not to be regarded as an advocatefor the particular organizations of the several state governments. I am fully aware thatamong the many excellent principles which they exemplify, they carry strong marks of thehaste, and still stronger of the inexperience, under which they were framed. It is but tooobvious that in some instances, the fundamental principle under consideration has beenviolated by too great a mixture, and even an actual consolidation of the different powers;

and that in no instance has a competent provision been made for maintaining in practicethe separation delineated on paper. What I have wished to evince is, that the charge broughtagainst the proposed constitution, of violating a sacred maxim of free government, iswarranted neither by the real meaning annexed to that maxim by its author; nor by thesense in which it has hitherto been understood in America. This interesting subject will beresumed in the ensuing paper.

Publius



An Anti-Federalist Viewpoint

by Federal Farmer (pseudonym)

Text provided by the Constitution Society (www.constitution.org/afp/fedfarmer.txt)Anti-Federalist Papers, Constitution Society (www.constitution.org/afp.htm)

ObservationsLeading to a Fair Examination of the System

Of GovernmentProposed by the Late Convention;

And to Several Essential and NecessaryAlterations in It.

In a Number of Letters from the

Federal Farmer to the Republican

Dear Sir, October 8th, 1787

My letters to you last winter, on the subject of a well balanced national government for the UnitedStates, were the result of free enquiry; when I passed from that subject to enquiries relative to ourcommerce, revenues, past administration, etc. I anticipated the anxieties I feel, on carefully exam-

ining the plan of government proposed by the convention. It appears to be a plan retaining somefederal features; but to be the first important step, and to aim strongly to one consolidated govern-ment of the United States. It leaves the powers of government, and the representation of thepeople, so unnaturally divided between the general and state governments, that the operations of our system must be very uncertain. My uniform federal attachments, and the interest I have in theprotection of property, and a steady execution of the laws, will convince you, that, if I am underany biass at all, it is in favor of any general system which shall promise those advantages. Theinstability of our laws increases my wishes for firm and steady government; but then, I can consentto no government, which, in my opinion, is not calculated equally to preserve the rights of allorders of men in the community. My object has been to join with those who have endeavoured tosupply the defects in the forms of our governments by a steady and proper administration of them.

Though I have long apprehended that fraudalent debtors, and embarrassed men, on the one hand,and men, on the other, unfriendly to republican equality, would produce an uneasiness among the

people, and prepare the way, not for cool and deliberate reforms in the governments, but forchanges calculated to promote the interests of particular orders of men. Acquit me, sir, of anyagency in the formation of the new system; I shall be satisfied with seeing, if it shall be adopted, aprudent administration. Indeed I am so much convinced of the truth of Pope’s maxim, that “Thatwhich is best administered is best,” that I am much inclined to subscribe to it from experience. Iam not disposed to unreasonably contend about forms. I know our situation is critical, and itbehoves us to make the best of it. A federal government of some sort is necessary. We have sufferedthe present to languish; and whether the confederation was capable or not originally of answeringany valuable purposes, it is now but of little importance. I will pass by the men, and states, whohave been particularly instrumental in preparing the way for a change, and, perhaps, for govern-ments not very favourable to the people at large. A constitution is now presented which we mayreject, or which we may accept, with or without amendments; and to which point we ought todirect our exertions, is the question. To determine this question, with propriety, we must atten-tively examine the system itself, and the probable consequences of either step. This I shall endeav-our to do, so far as I am able, with candor and fairness; and leave you to decide upon the proprietyof my opinions, the weight of my reasons, and how far my conclusions are well drawn. Whatevermay be the conduct of others, on the present occasion, I do not mean, hastily and positively todecide on the merits of the constitution proposed. I shall be open to conviction, and always dis-posed to adopt that which, all things considered, shall appear to me to be most for the happiness of the community. It must be granted, that if men hastily and blindly adopt a system of government,they will as hastily and as blindly be led to alter or abolish it; and changes must ensue, one afteranother, till the peaceable and better part of the community will grow weary with changes, tu-mults and disorders, and be disposed to accept any government, however despotic, that shallpromise stability and firmness.



The first principal question that occurs, is. Whether, considering our situation, we ought toprecipitate the adoption of the proposed constitution? If we remain cool and temperate, we are inno immediate danger of any commotions; we are in a state of perfect peace, and in no danger of invasions; the state governments are in the full exercise of their powers; and our governmentsanswer all present exigencies, except the regulation of trade, securing credit, in some cases, andproviding for the interest, in some instances, of the public debts; and whether we adopt a change,three or nine months hence, can make but little odds with the private circumstances of individu-

als; their happiness and prosperity, after all, depend principally upon their own exertions. We arehardly recovered from a long and distressing war: The farmers, fishmen, &c. have not yet fullyrepaired the waste made by it. Industry and frugality are again assuming their proper station.Private debts are lessened, and public debts incurred by the war have been, by various ways,diminished; and the public lands have now become a productive source for diminishing them muchmore. I know uneasy men, who wish very much to precipitate, do not admit all these facts; butthey are facts well known to all men who are thoroughly informed in the affairs of this country. Itmust, however, be admitted, that our federal system is defective, and that some of the state gov-ernments are not well administered; but, then, we impute to the defects in our governments manyevils and embarrassments which are most clearly the result of the late war. We must allow men toconduct on the present occasion, as on all similar ones. They will urge a thousand pretences toanswer their purposes on both sides. When we want a man to change his condition, we describe itas miserable, wretched, and despised; and draw a pleasing picture of that which we would havehim assume. And when we wish the contrary, we reverse our descriptions. Whenever a clamor israised, and idle men get to work, it is highly necessary to examine facts carefully, and withoutunreasonably suspecting men of falshood, to examine, and enquire attentively, under what impres-sions they act. It is too often the case in political concerns, that men state facts not as they are,but as they wish them to be; and almost every man, by calling to mind past scenes, will find this tobe true.

Nothing but the passions of ambitious, impatient, or disorderly men, I conceive, will plunge us intocommotions, if time should be taken fully to examine and consider the system proposed. Men whofeel easy in their circumstances, and such as are not sanguine in their expectations relative to theconsequences of the proposed change, will remain quiet under the existing governments. Manycommercial and monied men, who are uneasy, not without just cause, ought to be respected; and,

by no means, unreasonably disappointed in their expectations and hopes; but as to those whoexpect employments under the new constitution; as to those weak and ardent men who alwaysexpect to be gainers by revolutions, and whose lot it generally is to get out of one difficulty intoanother, they are very little to be regarded: and as to those who designedly avail themselves of thisweakness and ardor, they are to be despised. It is natural for men, who wish to hasten the adop-tion of a measure, to tell us, now is the crisis — now is the critical moment which must be seized,or all will be lost: and to shut the door against free enquiry, whenever conscious the thing pre-sented has defects in it, which time and investigation will probably discover. This has been thecustom of tyrants and their dependants in all ages. If it is true, what has been so often said, thatthe people of this country cannot change their condition for the worse, I presume it still behovesthem to endeavour deliberately to change it for the better. The fickle and ardent, in any commu-nity, are the proper tools for establishing despotic government. But it is deliberate and thinkingmen, who must establish and secure governments on free principles. Before they decide on the

plan proposed, they will enquire whether it will probably be a blessing or a curse to this people.

The present moment discovers a new face in our affairs. Our object has been all along, to reformour federal system, and to strengthen our governments — to establish peace, order and justice inthe community — but a new object now presents. The plan of government now proposed is evi-dently calculated totally to change, in time, our condition as a people. Instead of being thirteenrepublics, under a federal head, it is clearly designed to make us one consolidated government. Of this, I think, I shall fully convince you, in my following letters on this subject. This consolidationof the states has been the object of several men in this country for some time past. Whether sucha change can ever be effected in any manner; whether it can be effected without convulsions andcivil wars; whether such a change will not totally destroy the liberties of this country — time onlycan determine.





the consolidating aristocracy, would have been more restrained than they have been. Eleven statesmet in the convention, and after four months close attention presented the new constitution, to beadopted or rejected by the people. The uneasy and fickle part of the community may be prepared toreceive any form of government; but, I presume, the enlightened and substantial part will give anyconstitution presented for their adoption, a candid and thorough examination; and silence thosedesigning or empty men, who weakly and rashly attempt to precipitate the adoption of a system of so much importance — We shall view the convention with proper respect — and, at the same time,that we reflect there were men of abilities and integrity in it, we must recollect how

disproportionably the democratic and aristocratic parts of the community were represented — Perhaps the judicious friends and opposers of the new constitution will agree, that it is best to let itrest solely on its own merits, or be condemned for its own defects.

In the first place, I shall premise, that the plan proposed is a plan of accommodation — and that itis in this way only, and by giving up a part of our opinions, that we can ever expect to obtain agovernment founded in freedom and compact. This circumstance candid men will always keep inview, in the discussion of this subject.

The plan proposed appears to be partly federal, but principally however, calculated ultimately tomake the states one consolidated government.

The first interesting question, therefore suggested, is, how far the states can be consolidated intoone entire government on free principles. In considering this question extensive objects are to betaken into view, and important changes in the forms of government to be carefully attended to inall their consequences. The happiness of the people at large must be the great object with everyhonest statesman, and he will direct every movement to this point. If we are so situated as apeople, as not to be able to enjoy equal happiness and advantages under one government, theconsolidation of the states cannot be admitted.

There are three different forms of free government under which the United States may exist as onenation; and now is, perhaps, the time to determine to which we will direct our views. 1. Distinctrepublics connected under a federal head. In this case the respective state governments must bethe principal guardians of the peoples rights, and exclusively regulate their internal police; in themmust rest the balance of government. The congress of the states, or federal head, must consist of

delegates amenable to, and removeable by the respective states: This congress must have generaldirecting powers; powers to require men and monies of the states; to make treaties, peace and war;to direct the operations of armies, etc. Under this federal modification of government, the powers of congress would be rather advisary or recommendatory than coercive. 2. We may do away theseveral state governments, and form or consolidate all the states into one entire government, withone executive, one judiciary, and one legislature, consisting of senators and representatives col-lected from all parts of the union: In this case there would be a compleat consolidation of thestates. 3. We may consolidate the states as to certain national objects, and leave them severallydistinct independent republics, as to internal police generally. Let the general government consistof an executive, a judiciary, and balanced legislature, and its powers extend exclusively to allforeign concerns, causes arising on the seas to commerce, imports, armies, navies, Indian affairs,peace and war, and to a few internal concerns of the community; to the coin, post-offices, weightsand measures, a general plan for the militia, to naturalization, and, perhaps to bankruptcies,

leaving the internal police of the community, in other respects, exclusively to the state govern-ments; as the administration of justice in all causes arising internally, the laying and collecting of internal taxes, and the forming of the militia according to a general plan prescribed. In this casethere would be a compleat consolidation, quoad certain objects only.

Touching the first, or federal plan, I do not think much can be said in its favor: The sovereignty of the nation, without coercive and efficient powers to collect the strength of it, cannot always bedepended on to answer the purposes of government; and in a congress of representatives of sover-eign states, there must necessarily be an unreasonable mixture of powers in the same hands.

As to the second, or compleat consolidating plan, it deserves to be carefully considered at thistime, by every American: If it be impracticable, it is a fatal error to model our governments,



directing our views ultimately to it.

The third plan, or partial consolidation, is, in my opinion, the only one that can secure the free-dom and happiness of this people. I once had some general ideas that the second plan was practi-cable, but from long attention, and the proceedings of the convention, I am fully satisfied, that thisthird plan is the only one we can with safety and propriety proceed upon. Making this the standardto point out, with candor and fairness, the parts of the new constitution which appear to be im-proper, is my object. The convention appears to have proposed the partial consolidation evidently

with a view to collect all powers ultimately, in the United States into one entire government; andfrom its views in this respect, and from the tenacity of the small states to have an equal vote inthe senate, probably originated the greatest defects in the proposed plan.

Independant of the opinions of many great authors, that a free elective government cannot beextended over large territories, a few reflections must evince, that one government and generallegislation alone, never can extend equal benefits to all parts of the United States: Different laws,customs, and opinions exist in the different states, which by a uniform system of laws would beunreasonably invaded. The United States contain about a million of square miles, and in half acentury will, probably, contain ten millions of people; and from the center to the extremes is about800 miles.

Before we do away the state governments, or adopt measures that will tend to abolish them, and toconsolidate the states into one entire government, several principles should be considered andfacts ascertained: — These, and my examination into the essential parts of the proposed plan, Ishall pursue in my next.

Your’s &c. The Federal Farmer.




students to understand how historical

documents including the Bill of Rights

and the U. S. Constitution haveclarified and secured individual rights

for citizens and outlined the role of

government in the United States in

order to insure that a just, free

society is maintained.

ObjectiveObjectiveObjectiveObjectiveObjectiveThe student will 1) understand the

American beliefs and principles

reflected in the U. S. Constitution, 2)understand the rights guaranteed by

the U. S. Constitution, and 3) apply

critical-thinking skills to organize and

use information acquired from a

variety of sources.

Theme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomHistorical documents of the United

States including the Declaration of

Independence, the Bill of Rights, andthe U. S. Constitution clarify and

secure individual rights and liberties

and the role of government, laying

foundations for a just, free society.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsII. Time, Continuity, & Change

C. Identify and describe significant


within and across cultures....VI. Power, Authority, and Governance A.

Examine persistent issues involving the

★ U. S. ConstitutionU. S. ConstitutionU. S. ConstitutionU. S. ConstitutionU. S. Constitution ★


relation to the general welfare. B.

explain the purpose of government and analyze

how its powers are acquired, used, and

justified. C. analyze and explain ideas and

mechanisms to meet needs and wants of

citizens, regulate territory, manage conflict,

establish order and security, and balance

competing conceptions of a just society.

X. Civic Ideals and Practices A. Explain the

origins and interpret the continuing influence

of key ideals of the democratic republican

form of government, such as individual

human dignity, liberty, justice, equality, and

the rule of law. B. Identify, analyze,

interpret, and evaluate sources and examples

of citizens’ rights and responsibilities.

TimeTimeTimeTimeTime1-4 days, 1 hour per session

MaterialsMaterialsMaterialsMaterialsMaterials★ K-W-L Chart

★ U. S. Constitution (see also U. S. Archives

and Records Administration,

www.archives.gov)

★ U. S. Constitution text analysis

★ Declaration of Independence text (see

“Declaration of Independence” unit))

★ Understanding the Meanings and

Purposes of Our National Documents by

Dr. Richard J. Gonzalez (see “Our

National Documents” lesson unit)

★ Citizenship Day and Constitution Week

proclamation


PreparationPreparationPreparationPreparationPreparation★ Copy materials/handouts.

FFFFFocusocusocusocusocusHave students brainstorm on K-W-L charts or write on the board what they know about

the U. S. Constitution, its purpose, content, author(s), ideals and philosophy, main concepts,

context of its creation, etc. Have students then write their questions regarding the



Constitution and things they want to know. Discuss and/or write them board. Discuss colonial

America before the Constitution including the social, cultural, and political climate before and at

its creation. What articles were being read? What issues/ideas were being debated, consid-

ered? (See Links page on www.americanheritage.org for more resources on the Constitution.)


1. “U“U“U“U“U. S. Constitution T. S. Constitution T. S. Constitution T. S. Constitution T. S. Constitution Teeeeext Analysis.”xt Analysis.”xt Analysis.”xt Analysis.”xt Analysis.” Students individually or in groups piece together cut

out, scrambled text segments or articles of the Constitution. Each student/group may take one

excerpt/segment from the document and read, research/analyze, and discuss its meaning.

Students share with the class the meaning and importance of that segment or article.

2. “U. S. Constitution: A Living Document.”“U. S. Constitution: A Living Document.”“U. S. Constitution: A Living Document.”“U. S. Constitution: A Living Document.”“U. S. Constitution: A Living Document.” A. Divide the class into pairs or small groups

and assign each group an article (or articles) of the Constitution to review. Students consider

the main ideas, concepts, issues, and rights addressed in each article and summarize the

article(s) for the rest of the class in writing and in oral presentation. Copies of summaries maybe distributed to other students for reference, or students may take notes.

B. Students look in magazines or newspapers for illustrations and words relating to the

article(s) they analyzed and make a picture or word collage reflecting the ideas of their article.

Display these collages with the summaries in room to illustrate the Constitution “at work.”

C. Students research the background of the original Constitutional Convention in Philadelphia

and important members of that convention. Students may write essays related to an issue

regarding the creation of the constitution and/or the context in which the Constitution was

written. (See Links page on www.americanheritage.org for additional resources on the Constitu-

tional Convention and the Constitution.)

3. “F“F“F“F“Fulf ulf ulf ulf ulf illing the Purilling the Purilling the Purilling the Purilling the Purposes.”poses.”poses.”poses.”poses.” Before or after this activity, have students read and discuss

Understanding the Meanings and Purposes of Our National Documents by Richard Gonzalez

(see “Our National Documents” lesson unit). Divide the students into six groups. Assign each

group one of the six purposes of government discussed in the Preamble. Using a copy of the

Constitution, each group should locate specific provisions in the Constitution which grant the

government power to fulfill that particular purpose. Have each group write their findings with

markers on butcher paper which can be displayed around the room. Have groups select a

spokesperson to explain their findings to the class. As an extension of this activity, have stu-

dents bring newspaper articles to class that reflect passages located in the Constitution.

4. “Picture the Pur“Picture the Pur“Picture the Pur“Picture the Pur“Picture the Purposes.”poses.”poses.”poses.”poses.” Referring to the essay by Dr. Richard Gonzalez, Understanding the Meanings and Purposes of Our National Documents (see “Our National Documents” lesson

unit), have students cut out magazine or newspaper pictures and words or draw illustrations to

create collages to illustrate the six purposes for government and the reasons for which the

Constitution was written, as stated in the Preamble. This can be done in several different ways:

a) Students work alone or in pairs to illustrate all six purposes on one collage, b) divide the class

into six groups, and have each group create a collage that illustrates one of the six purposes, or

c) have students bring in appropriate pictures and place them on the bulletin board that be-

comes a class collage.

★ U. S. Constitution ★



5. “The Declaration of Independence vs. the U. S. Constitution.”“The Declaration of Independence vs. the U. S. Constitution.”“The Declaration of Independence vs. the U. S. Constitution.”“The Declaration of Independence vs. the U. S. Constitution.”“The Declaration of Independence vs. the U. S. Constitution.” A. Have students

consider the similarities and differences between the Declaration and the Constitution including

purpose and goal, ideals and philosophy, focus, time/date of writing, context of writing,

author(s), main ideas, concepts, issues, etc. Discuss and create a T-chart or vend diagram on

the board or have students do them individually or in pairs in order to organize comparisons and

contrasts between the documents. Students may color code their own charts/diagrams andlaminate them or encase them in plastic sleeves.

B. Divide the class into small groups and give each a copy of the Declaration and the Constitu-

tion. Read the charges against King George III, assign each group four or five grievances, and

ask them to search the Constitution for specific provisions relating to these grievances. Each

group shares its findings with the class. Make a list of each group’s responses. Example:

King’s Offense Constitutional Provision

1) “...quartering large bodies of troops among us....” Amendment 3

2) “...Cutting off our trade....” Article I, Sec. 8, Clause 3

6. “Citizenship Day and Constitution Week.”“Citizenship Day and Constitution Week.”“Citizenship Day and Constitution Week.”“Citizenship Day and Constitution Week.”“Citizenship Day and Constitution Week.” Read and discuss the proclamation includ-

ing its main points, purpose, and importance. Why is it important to remember, recognize and

honor citizenship and the U. S. Constitution? (See Links page on www.americanheritage.org for

additional resources on Citizenship Day and Constitution Week.)

ClosureClosureClosureClosureClosureStudents write down on K-W-L charts what they learned about the U. S. Constitution, its context,

principles, author(s), similarities and differences with and relationship to the Declaration of

Independence, Citizenship Day and Constitution Week, etc. Discuss. Also discuss: What are

some of the possible dangers of not having a written constitution? Can you think of real lifeexamples in other countries? What are the benefits of having a written Constitution? How has it

changed our lives? What rights do you most appreciate having? Why do we need to exercise our

rights responsibly?

AssessmentAssessmentAssessmentAssessmentAssessmentStudents write a composition or essay addressing one of the issues discussed

in closure or a related issue.

★ U. S. Constitution ★



K - W

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W h a t I K

n o w

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I W a n t t o K n o w

W h a t I L e a

r n e d



Citizenship DaCitizenship DaCitizenship DaCitizenship DaCitizenship Day and Constitution Wy and Constitution Wy and Constitution Wy and Constitution Wy and Constitution Week Preek Preek Preek Preek Proclamationoclamationoclamationoclamationoclamation

Citizenship Day and Constitution Week, 2001 The White House

Office of the Press Secretary For Immediate Release

By the President of the United States of America September 17, 2001

A Proclamation www.whitehouse.gov

As the delegates to the 1787 Constitutional Convention in Philadelphia began working on what would become the United

States Constitution, they grasped that a great democracy must be built on the twin foundations of national consent to aFederal Government and respect for individual rights. After more than two centuries of continual cultural, legal, and

economic change, our unique experiment in self-government has borne successful witness to the prescient genius and

timeless wisdom of our Founding Fathers. Throughout America’s history, in times of turmoil and peace, liberty and oppres-

sion, our faith in the Constitution’s promise of freedom and democracy has been a steadfast rock of national stability

against the raging seas of political change. Today, in the face of the terrorist attacks of September 11, 2001, we must call

upon, more than ever, the Constitutional principles that make our country great.

In creating our Nation’s Constitutional framework, the Convention’s delegates recognized the dangers inherent in concen-

trating too much power in one person, branch, or institution. They wisely crafted a Government that balanced the functions

and authority of a Federal system among three separate but equal branches: the Executive, the Legislative, and the

Judicial. As a further check on central power, the Framers granted citizens the right to vote, giving them the power to

express their political preferences peacefully and thereby to effect change in the Government.

The Convention delegates ratified the Constitution on September 17, 1787, and submitted it to the States for approval.

After much deliberation and discussion at the State level, the following two concerns emerged from among those who

feared the Constitution’s proposed centralization of Federal power: (1) the threat of tyranny; and (2) the loss of local

control. To address these fears, our Founders amended the Constitution by adding a Bill of Rights. These ten amendments

provided a series of clear limits on Federal power and a litany of protective rights to citizens. This development under-

scored the important and enduring Constitutional principle of enumerated powers, and it set our national course on a

route that would eventually enhance and expand individual rights and liberties.

Today, our Nation celebrates not only the longest-lived written Constitution in world history, but also the enduring commit-

ment of our forebears who upheld the Constitution’s core principles through the travails of American history. They pursued

a more perfect Union as abolitionists, as suffragists, or as civil rights activists, successfully seeking Constitutional amend-

ments that have strengthened the protections provided to all Americans under law. In so doing, they rendered the moral

resolve of our Nation stronger and clearer.

Our Republic would surely founder but for the faith and confidence that we collectively place in our Constitution. And it

could not prosper without our diligent commitment to upholding the Constitution’s original words and implementing its

founding principles. From the noble efforts of public servants to the civic acts of local people, our continuous Constitu-

tional engagement has proved to be an exceptional feature of our Nation’s prosperous development.

To continue this legacy, each of us must recognize that we bear a solemn responsibility to promote the ideals of freedom

and opportunity throughout our land. We each should serve our Nation by actively supporting and shaping our

Government’s institutions, by working together to build strong communities, and by loving our neighbors. Doing this will

ensure that the American dream will become real for every willing citizen; and, in fulfilling this call together, we will honor

the spirit of our powerful and enduring Constitution.

The Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as “Citizenship Day,”

and by joint resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as “Constitution Week.”

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by

the Constitution and laws of the United States, do hereby proclaim September 17, 2001, as Citizenship Day and Septem-

ber 17 through September 23, 2001, as Constitution Week. I encourage Federal, State, and local officials, as well as

leaders of civic, social, and educational organizations, to conduct ceremonies and programs that celebrate our Constitu-

tion and reaffirm our commitment as citizens of our great Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of September, in the year of our Lord two

thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth.

GEORGE W. BUSH



The Preamble of the U. S. Constitution in Sign Language

WE (right thumb pointing to chest)

THE PEOPLE (arms outstretched)

OF THE UNITED STATES (fingers of both hands

interlocked),

IN ORDER TO FORM (hands held as though

moldling something)

A MORE PERFECT UNION (fingers interlocked

palm to palm),

ESTABLISH (outstretched hands pressing down)

JUSTICE (turn hands over and simulate balancing

of scales)

INSURE (cover left thumb with right hand as protection)

DOMESTIC TRANQUILITY (folded hands to

cheek simulating sleep),

PROVIDE (open hands pushing outward as though

offering something)

FOR THE COMMON DEFENSE (fists doubled in

posture of defense)



PROMOTE THE GENERAL

(miilitary salute)

WELFARE (hand over heart),

AND SECURE (right hand grasping in air)

THE BLESSINGS OF LIBERTY (right

arm high in a Statue of Liberty pose)

FOR OURSELVES (hand on chest)

AND OUR POSTERITY (lift right hand

stairstep fashion to indictae different heights),

DO ORDAIN (laying on of hands)

AND ESTABLISH (outstretched hands

pressing down)

THE CONSTITUTION (simulate unrolling

a scroll)

FOR THE UNITED STATES (fingers of

both hands interlocked)

OF AMERICA (arms outstretched

simulating an eagle in flight).

Source: Celebrating Constitution Week in Your

Community. National Center for Constitutional Studies.



The Constitution of the United StatesU. S. National Archives and Records Administration

www.archives.gov

We the People of the United States, in Order to form a more perfect Union, establish Justice,

insure domestic Tranquility, provide for the common defence, promote the general Welfare, andsecure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Consti-tution for the United States of America.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, whichshall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by thePeople of the several States, and the Electors in each State shall have the Qualifications requisitefor Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years,and been seven Years a Citizen of the United States, and who shall not, when elected, be anInhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may beincluded within this Union, according to their respective Numbers, which shall be determined byadding to the whole Number of free Persons, including those bound to Service for a Term of Years,and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall bemade within three Years after the first Meeting of the Congress of the United States, and withinevery subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have atLeast one Representative; and until such enumeration shall be made, the State of New Hamp-shire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Planta-tions one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one,Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have thesole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by theLegislature thereof for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall bedivided as equally as may be into three Classes. The Seats of the Senators of the first Class shallbe vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourthYear, and of the third Class at the Expiration of the sixth Year, so that one third may be chosenevery second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of theLegislature of any State, the Executive thereof may make temporary Appointments until the nextMeeting of the Legislature, which shall then fill such Vacancies.



No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nineYears a Citizen of the United States, and who shall not, when elected, be an Inhabitant of thatState for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote,unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, theyshall be on Oath or Affirmation. When the President of the United States is tried, the Chief Jus-tice shall preside: And no Person shall be convicted without the Concurrence of two thirds of theMembers present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, anddisqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: butthe Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment andPunishment, according to Law.

Section. 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall beprescribed in each State by the Legislature thereof; but the Congress may at any time by Lawmake or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the firstMonday in December, unless they shall by Law appoint a different Day.

Section. 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,

and a Majority of each shall constitute a Quorum to do Business; but a smaller Number mayadjourn from day to day, and may be authorized to compel the Attendance of absent Members, insuch Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderlyBehaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same,excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of theMembers of either House on any question shall, at the Desire of one fifth of those Present, beentered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn

for more than three days, nor to any other Place than that in which the two Houses shall besitting.

Section. 6.

The Senators and Representatives shall receive a Compensation for their Services, to be ascer-tained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except

Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at theSession of their respective Houses, and in going to and returning from the same; and for anySpeech or Debate in either House, they shall not be questioned in any other Place.



No Senator or Representative shall, during the Time for which he was elected, be appointed to anycivil Office under the Authority of the United States, which shall have been created, or the Emolu-ments whereof shall have been encreased during such time; and no Person holding any Officeunder the United States, shall be a Member of either House during his Continuance in Office.

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may

propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before itbecome a Law, be presented to the President of the United States: If he approve he shall sign it,but if not he shall return it, with his Objections to that House in which it shall have originated,who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after suchReconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together withthe Objections, to the other House, by which it shall likewise be reconsidered, and if approved bytwo thirds of that House, it shall become a Law. But in all such Cases the Votes of both Housesshall be determined by yeas and Nays, and the Names of the Persons voting for and against theBill shall be entered on the Journal of each House respectively. If any Bill shall not be returned bythe President within ten Days (Sundays excepted) after it shall have been presented to him, theSame shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjourn-ment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Represen-tatives may be necessary (except on a question of Adjournment) shall be presented to the Presi-dent of the United States; and before the Same shall take Effect, shall be approved by him, or

being disapproved by him, shall be repassed by two thirds of the Senate and House of Representa-tives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay theDebts and provide for the common Defence and general Welfare of the United States; but all

Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptciesthroughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weightsand Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the UnitedStates;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors andInventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the



Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures onLand and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Termthan two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrectionsand repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respec-tively, the Appointment of the Officers, and the Authority of training the Militia according to thediscipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding tenMiles square) as may, by Cession of particular States, and the Acceptance of Congress, becomethe Seat of the Government of the United States, and to exercise like Authority over all Placespurchased by the Consent of the Legislature of the State in which the Same shall be, for theErection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoingPowers, and all other Powers vested by this Constitution in the Government of the United States,or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper

to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred andeight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for eachPerson.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumera-tion herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Stateover those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, orpay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;and a regular Statement and Account of the Receipts and Expenditures of all public Money shall bepublished from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profitor Trust under them, shall, without the Consent of the Congress, accept of any present, Emolu



ment, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque andReprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender inPayment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports orExports, except what may be absolutely necessary for executing it’s inspection Laws: and the netProduce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controulof the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreignPower, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

_____________________________________________________________________________________________

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall holdhis Office during the Term of four Years, and, together with the Vice President, chosen for thesame Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may beentitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust orProfit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom oneat least shall not be an Inhabitant of the same State with themselves. And they shall make a Listof all the Persons voted for, and of the Number of Votes for each; which List they shall sign andcertify, and transmit sealed to the Seat of the Government of the United States, directed to thePresident of the Senate. The President of the Senate shall, in the Presence of the Senate andHouse of Representatives, open all the Certificates, and the Votes shall then be counted. ThePerson having the greatest Number of Votes shall be the President, if such Number be a Majorityof the whole Number of Electors appointed; and if there be more than one who have such Majority,and have an equal Number of Votes, then the House of Representatives shall immediately chuseby Ballot one of them for President; and if no Person have a Majority, then from the five highest onthe List the said House shall in like Manner chuse the President. But in chusing the President,the Votes shall be taken by States, the Representation from each State having one Vote; A quo-

rum for this purpose shall consist of a Member or Members from two thirds of the States, and aMajority of all the States shall be necessary to a Choice. In every Case, after the Choice of thePresident, the Person having the greatest Number of Votes of the Electors shall be the Vice Presi-dent. But if there should remain two or more who have equal Votes, the Senate shall chuse fromthem by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shallgive their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of theAdoption of this Constitution, shall be eligible to the Office of President; neither shall any Person



be eligible to that Office who shall not have attained to the Age of thirty five Years, and beenfourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability todischarge the Powers and Duties of the said Office, the Same shall devolve on the Vice President,and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability,both of the President and Vice President, declaring what Officer shall then act as President, andsuch Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shallneither be increased nor diminished during the Period for which he shall have been elected, andhe shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”Ido solemnly swear (or affirm) that I will faithfully execute the Office of President of the UnitedStates, and will to the best of my Ability, preserve, protect and defend the Constitution of theUnited 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 mayrequire 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 togrant Reprieves and Pardons for Offences against the United States, except in Cases of Impeach-ment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, pro-vided two thirds of the Senators present concur; and he shall nominate, and by and with theAdvice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls,

Judges of the supreme Court, and all other Officers of the United States, whose Appointments arenot herein otherwise provided for, and which shall be established by Law: but the Congress may byLaw vest the Appointment of such inferior Officers, as they think proper, in the President alone,in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of theSenate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recom-mend to their Consideration such Measures as he shall judge necessary and expedient; he may,on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreementbetween them, with Respect to the Time of Adjournment, he may adjourn them to such Time ashe shall think proper; he shall receive Ambassadors and other public Ministers; he shall takeCare that the Laws be faithfully executed, and shall Commission all the Officers of the United

States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed fromOffice on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misde-meanors.

_____________________________________________________________________________________________

Article III.



Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferiorCourts as the Congress may from time to time ordain and establish. The Judges, both of thesupreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated

Times, receive for their Services a Compensation, which shall not be diminished during theirContinuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,the Laws of the United States, and Treaties made, or which shall be made, under their Author-ity;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be aParty;—to Controversies between two or more States;— between a State and Citizens of anotherState;—between Citizens of different States;—between Citizens of the same State claiming Landsunder Grants of different States, and between a State, or the Citizens thereof, and foreign States,Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which aState shall be Party, the supreme Court shall have original Jurisdiction. In all the other Casesbefore mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall beheld in the State where the said Crimes shall have been committed; but when not committedwithin any State, the Trial shall be at such Place or Places as the Congress may by Law havedirected.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adheringto their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on

the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treasonshall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

_____________________________________________________________________________________________

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceed-ings of every other State. And the Congress may by general Laws prescribe the Manner in which

such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in theseveral States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice,and be found in another State, shall on Demand of the executive Authority of the State from whichhe fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.



No Person held to Service or Labour in one State, under the Laws thereof, escaping into another,shall, in Consequence of any Law or Regulation therein, be discharged from such Service orLabour, but shall be delivered up on Claim of the Party to whom such Service or Labour may bedue.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed orerected within the Jurisdiction of any other State; nor any State be formed by the Junction of twoor more States, or Parts of States, without the Consent of the Legislatures of the States concernedas well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respect-ing the Territory or other Property belonging to the United States; and nothing in this Constitu-tion shall be so construed as to Prejudice any Claims of the United States, or of any particularState.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government,

and shall protect each of them against Invasion; and on Application of the Legislature, or of theExecutive (when the Legislature cannot be convened), against domestic Violence.

_____________________________________________________________________________________________

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amend-ments to this Constitution, or, on the Application of the Legislatures of two thirds of the severalStates, shall call a Convention for proposing Amendments, which, in either Case, shall be valid toall Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of threefourths of the several States, or by Conventions in three fourths thereof, as the one or the otherMode of Ratification may be proposed by the Congress; Provided that no Amendment which may be

made prior to the Year One thousand eight hundred and eight shall in any Manner affect the firstand fourth Clauses in the Ninth Section of the first Article; and that no State, without its Con-sent, shall be deprived of its equal Suffrage in the Senate.

_____________________________________________________________________________________________

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall

be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;and all Treaties made, or which shall be made, under the Authority of the United States, shall bethe supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing inthe Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several StateLegislatures, and all executive and judicial Officers, both of the United States and of the severalStates, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Testshall ever be required as a Qualification to any Office or public Trust under the United States.

_____________________________________________________________________________________________



Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of thisConstitution between the States so ratifying the Same.

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word“Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “istried” being interlined between the thirty second and thirty third Lines of the first Page and the

Word “the” being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of theIndependence of the United States of America the Twelfth In witness whereof We have hereuntosubscribed our Names,

George WashingtonPresident and deputy from Virginia

DelawareGeorge ReadGunning Bedford Jr.

John DickinsonRichard Bassett

Jacob Broom

Maryland James McHenryDaniel of St Thomas JeniferDaniel Carroll

Virginia

John Blair James Madison Jr.

North CarolinaWilliam BlountRichd. Dobbs SpaightHugh Williamson

South Carolina J. RutledgeCharles Cotesworth PinckneyCharles PinckneyPierce Butler

GeorgiaWilliam FewAbraham Baldwin

New Hampshire John LangdonNicholas Gilman

MassachusettsNathaniel GorhamRufus King



ConnecticutWilliam Samuel JohnsonRoger Sherman

New YorkAlexander Hamilton

New Jersey

William LivingstonDavid BrearleyWilliam Paterson

Jonathan Dayton

PennsylvaniaBenjamin Franklin

Thomas MifflinRobert MorrisGeorge Clymer

Thomas FitzSimons Jared Ingersoll James Wilson

Gouverneur Morris



The Constitution of the United StatesText Analysis

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We the People of the United States, in Order to form a more perfect Union, establish Justice,insure domestic Tranquility, provide for the common defence, promote the general Welfare, and

secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Consti-tution for the United States of America.

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Article. I., Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, whichshall consist of a Senate and House of Representatives.

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Article I, Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by thePeople of the several States, and the Electors in each State shall have the Qualifications requisitefor Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years,and been seven Years a Citizen of the United States, and who shall not, when elected, be anInhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may beincluded within this Union, according to their respective Numbers, which shall be determined byadding to the whole Number of free Persons, including those bound to Service for a Term of Years,and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be

made within three Years after the first Meeting of the Congress of the United States, and withinevery subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have atLeast one Representative; and until such enumeration shall be made, the State of New Hamp-shire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Planta-tions one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one,Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have thesole Power of Impeachment.

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Article I, Section. 3. (1 of 2 cut outs)

The Senate of the United States shall be composed of two Senators from each State, chosen by theLegislature thereof for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall bedivided as equally as may be into three Classes. The Seats of the Senators of the first Class shallbe vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourthYear, and of the third Class at the Expiration of the sixth Year, so that one third may be chosenevery second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the



Article I, Section 3. (2 of 2 cut outs)

Legislature of any State, the Executive thereof may make temporary Appointments until the nextMeeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nineYears a Citizen of the United States, and who shall not, when elected, be an Inhabitant of thatState for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote,unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, theyshall be on Oath or Affirmation. When the President of the United States is tried, the Chief Jus-tice shall preside: And no Person shall be convicted without the Concurrence of two thirds of theMembers present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and

disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: butthe Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment andPunishment, according to Law.

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The Times, Places and Manner of holding Elections for Senators and Representatives, shall beprescribed in each State by the Legislature thereof; but the Congress may at any time by Lawmake or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the firstMonday in December, unless they shall by Law appoint a different Day.

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Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number mayadjourn from day to day, and may be authorized to compel the Attendance of absent Members, insuch Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly

Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same,excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of theMembers of either House on any question shall, at the Desire of one fifth of those Present, beentered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjournfor more than three days, nor to any other Place than that in which the two Houses shall besitting.




The Senators and Representatives shall receive a Compensation for their Services, to be ascer-tained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except

Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at theSession of their respective Houses, and in going to and returning from the same; and for anySpeech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to anycivil Office under the Authority of the United States, which shall have been created, or the Emolu-ments whereof shall have been encreased during such time; and no Person holding any Officeunder the United States, shall be a Member of either House during his Continuance in Office.

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All Bills for raising Revenue shall originate in the House of Representatives; but the Senate maypropose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before itbecome a Law, be presented to the President of the United States: If he approve he shall sign it,but if not he shall return it, with his Objections to that House in which it shall have originated,who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after suchReconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together withthe Objections, to the other House, by which it shall likewise be reconsidered, and if approved bytwo thirds of that House, it shall become a Law. But in all such Cases the Votes of both Housesshall be determined by yeas and Nays, and the Names of the Persons voting for and against theBill shall be entered on the Journal of each House respectively. If any Bill shall not be returned bythe President within ten Days (Sundays excepted) after it shall have been presented to him, theSame shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjourn-ment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Represen-tatives may be necessary (except on a question of Adjournment) shall be presented to the Presi-dent of the United States; and before the Same shall take Effect, shall be approved by him, or

being disapproved by him, shall be repassed by two thirds of the Senate and House of Representa-tives, according to the Rules and Limitations prescribed in the Case of a Bill.

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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay theDebts and provide for the common Defence and general Welfare of the United States; but allDuties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptciesthroughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weightsand Measures;




To provide for the Punishment of counterfeiting the Securities and current Coin of the UnitedStates;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and

Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against theLaw of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures onLand and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Termthan two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrectionsand repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respec-tively, the Appointment of the Officers, and the Authority of training the Militia according to thediscipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding tenMiles square) as may, by Cession of particular States, and the Acceptance of Congress, becomethe Seat of the Government of the United States, and to exercise like Authority over all Placespurchased by the Consent of the Legislature of the State in which the Same shall be, for theErection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoingPowers, and all other Powers vested by this Constitution in the Government of the United States,or in any Department or Officer thereof.

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The Migration or Importation of such Persons as any of the States now existing shall think properto admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred andeight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for eachPerson.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.




No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumera-tion herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State

over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, orpay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;and a regular Statement and Account of the Receipts and Expenditures of all public Money shall bepublished from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profitor Trust under them, shall, without the Consent of the Congress, accept of any present, Emolu-ment, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

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No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque andReprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender inPayment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports orExports, except what may be absolutely necessary for executing it’s inspection Laws: and the netProduce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controulof the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreignPower, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

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Article. II., Section. 1. (1 of 2 cut outs)

The executive Power shall be vested in a President of the United States of America. He shall holdhis Office during the Term of four Years, and, together with the Vice President, chosen for thesame Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may beentitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust orProfit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom oneat least shall not be an Inhabitant of the same State with themselves. And they shall make a Listof all the Persons voted for, and of the Number of Votes for each; which List they shall sign andcertify, and transmit sealed to the Seat of the Government of the United States, directed to thePresident of the Senate. The President of the Senate shall, in the Presence of the Senate andHouse of Representatives, open all the Certificates, and the Votes shall then be counted. The



Article. II., Section. 1. (2 of 2 cut outs)

Person having the greatest Number of Votes shall be the President, if such Number be a Majorityof the whole Number of Electors appointed; and if there be more than one who have such Majority,and have an equal Number of Votes, then the House of Representatives shall immediately chuse

by Ballot one of them for President; and if no Person have a Majority, then from the five highest onthe List the said House shall in like Manner chuse the President. But in chusing the President,

the Votes shall be taken by States, the Representation from each State having one Vote; A quo-rum for this purpose shall consist of a Member or Members from two thirds of the States, and aMajority of all the States shall be necessary to a Choice. In every Case, after the Choice of thePresident, the Person having the greatest Number of Votes of the Electors shall be the Vice Presi-dent. But if there should remain two or more who have equal Votes, the Senate shall chuse fromthem by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shallgive their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of theAdoption of this Constitution, shall be eligible to the Office of President; neither shall any Personbe eligible to that Office who shall not have attained to the Age of thirty five Years, and beenfourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability todischarge the Powers and Duties of the said Office, the Same shall devolve on the Vice President,and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability,both of the President and Vice President, declaring what Officer shall then act as President, andsuch Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shallneither be increased nor diminished during the Period for which he shall have been elected, andhe shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”Ido solemnly swear (or affirm) that I will faithfully execute the Office of President of the UnitedStates, and will to the best of my Ability, preserve, protect and defend the Constitution of theUnited States.”

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Article II, Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of theMilitia of the several States, when called into the actual Service of the United States; he mayrequire 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 Impeach-ment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, pro-vided two thirds of the Senators present concur; and he shall nominate, and by and with theAdvice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls,

Judges of the supreme Court, and all other Officers of the United States, whose Appointments arenot herein otherwise provided for, and which shall be established by Law: but the Congress may byLaw vest the Appointment of such inferior Officers, as they think proper, in the President alone,in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of theSenate, by granting Commissions which shall expire at the End of their next Session.




He shall from time to time give to the Congress Information of the State of the Union, and recom-mend to their Consideration such Measures as he shall judge necessary and expedient; he may,on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreementbetween them, with Respect to the Time of Adjournment, he may adjourn them to such Time ashe shall think proper; he shall receive Ambassadors and other public Ministers; he shall takeCare that the Laws be faithfully executed, and shall Commission all the Officers of the United

States.

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The President, Vice President and all civil Officers of the United States, shall be removed fromOffice on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misde-meanors.

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Article III., Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferiorCourts as the Congress may from time to time ordain and establish. The Judges, both of thesupreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated

Times, receive for their Services a Compensation, which shall not be diminished during theirContinuance in Office.

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Article III, Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,

the Laws of the United States, and Treaties made, or which shall be made, under their Author-ity;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be aParty;—to Controversies between two or more States;— between a State and Citizens of anotherState;—between Citizens of different States;—between Citizens of the same State claiming Landsunder Grants of different States, and between a State, or the Citizens thereof, and foreign States,Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which aState shall be Party, the supreme Court shall have original Jurisdiction. In all the other Casesbefore mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall beheld in the State where the said Crimes shall have been committed; but when not committedwithin any State, the Trial shall be at such Place or Places as the Congress may by Law havedirected.

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Article III, Section. 3. (1 of 2 cut outs)

Treason against the United States, shall consist only in levying War against them, or in adheringto their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless onthe Testimony of two Witnesses to the same overt Act, or on Confession in open Court.



Article III, Section. 3. (2 of 2 cut outs)

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treasonshall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

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Article. IV., Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceed-ings of every other State. And the Congress may by general Laws prescribe the Manner in whichsuch Acts, Records and Proceedings shall be proved, and the Effect thereof.

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Article IV, Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in theseveral States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice,and be found in another State, shall on Demand of the executive Authority of the State from whichhe fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another,shall, in Consequence of any Law or Regulation therein, be discharged from such Service orLabour, but shall be delivered up on Claim of the Party to whom such Service or Labour may bedue.

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New States may be admitted by the Congress into this Union; but no new State shall be formed orerected within the Jurisdiction of any other State; nor any State be formed by the Junction of twoor more States, or Parts of States, without the Consent of the Legislatures of the States concernedas well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respect-ing the Territory or other Property belonging to the United States; and nothing in this Constitu-tion shall be so construed as to Prejudice any Claims of the United States, or of any particularState.

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The United States shall guarantee to every State in this Union a Republican Form of Government,and shall protect each of them against Invasion; and on Application of the Legislature, or of theExecutive (when the Legislature cannot be convened), against domestic Violence.

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Article. V. (1 of 2 cut outs)

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amend-ments to this Constitution, or, on the Application of the Legislatures of two thirds of the severalStates, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to



Article. V. (2 of 2 cut outs)

all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of threefourths of the several States, or by Conventions in three fourths thereof, as the one or the otherMode of Ratification may be proposed by the Congress; Provided that no Amendment which may bemade prior to the Year One thousand eight hundred and eight shall in any Manner affect the firstand fourth Clauses in the Ninth Section of the first Article; and that no State, without its Con-sent, shall be deprived of its equal Suffrage in the Senate.

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Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shallbe as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;and all Treaties made, or which shall be made, under the Authority of the United States, shall bethe supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing inthe Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several StateLegislatures, and all executive and judicial Officers, both of the United States and of the severalStates, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Testshall ever be required as a Qualification to any Office or public Trust under the United States.

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Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of thisConstitution between the States so ratifying the Same.

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word“Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “istried” being interlined between the thirty second and thirty third Lines of the first Page and theWord “the” being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of theIndependence of the United States of America the Twelfth In witness whereof We have hereuntosubscribed our Names,



PurposePurposePurposePurposePurposeThe purpose of this lesson is to provide the

student with opportunities to describe how

written and unwritten laws and rules (plus

mores and customs) of a society affectindividual and group behavior.

ObjectiveObjectiveObjectiveObjectiveObjectiveThe student will 1) consider the importance

of individual liberties found in the Bill of

Rights, 2) recognize the significance of the

Fifth through Eighth Amendments, 3)

recognize the significance of the Declaration

of Independence, and 4) recognize that

American citizens not only enjoy many rights

guaranteed by the Constitution but alsohave many responsibilities associated with

those rights.

Theme-ResponsibilityTheme-ResponsibilityTheme-ResponsibilityTheme-ResponsibilityTheme-ResponsibilityThe Bill of Rights in the U. S. Constitution

guarantees citizens freedom through

unalienable and established rights. With

these rights also come our responsibility as

citizens to understand their purpose and to

exercise them appropriately.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsVI. Power, Authority, and Governance A.

Examine persistant issues involving the

★ Bill of Rights:Bill of Rights:Bill of Rights:Bill of Rights:Bill of Rights: Rights and ResponsibilitiesRights and ResponsibilitiesRights and ResponsibilitiesRights and ResponsibilitiesRights and Responsibilities ★


relation to the general welfare.

X. Civic Ideals and Practices A. Examine the

origins and continuing influence of key ideals of

the democratic republican form of government,such as individual human dignity, liberty, justice,

equality, and the rule of law. B. Identify,

analyze, interpret and evaluate sources and

examples of citizens’ rights and responsibilities.

H. Evaluate the degree to which public policies

and citizen behaviors reflect or foster the

stated ideals of a democratic republican form

of government.


MaterialsMaterialsMaterialsMaterialsMaterials★ Bill of Rights handout

★ Abridged Bill of Rights handout

★ My Bill of Rights handout

★ Surveying the American People handout

★ Rights and Freedoms handout

★ Instructor Magazine (Sept 1991, pp.42-43)



FFFFFocusocusocusocusocus

Discuss: “What is so important about freedom?” Freedom is “the state or condition of being free.” John Locke, whose ideas provided Jefferson with the basis for the Declaration of Indepen-

dence, described freedom as “...our being able to act or not act according as well shall we

choose or will.” Two synonyms for freedom are liberty and independence. These denote being

able to act without interference or control by another. Freedom emphasizes the power to exer-

cise rights. Liberty emphasizes the responsibility that balances each freedom. (For example,

freedom of speech does not mean the liberty to gossip or tell lies.) Independence emphasizes

the power to stand alone--sometimes supported by, but never dependent upon, someone or

something else.



★Rights and Responsibilities★

continued


1. “The Bill of Rights: What Are Our Rights?”“The Bill of Rights: What Are Our Rights?”“The Bill of Rights: What Are Our Rights?”“The Bill of Rights: What Are Our Rights?”“The Bill of Rights: What Are Our Rights?” A. Students research and discuss the

context and reasons for the creation of the Bill of Rights of 1791. Consider the order, placement,and significance of the Bill of Rights in the Constitution. (See Links page on

www.americanheritage.org for additional resources on the Bill of Rights.)

B. Students research and analyze each amendment’s meaning and significance. Consider their

order and importance. Give some illustrations of these rights applied in students’ everyday

lives. Students record the provisions of each amendment, writing each amendment in their own

words and providing examples. Consider how these amendments and rights affect Americans

today.

C. The student chooses the amendment he or she thinks is the most important and writes anessay or composition defending his or her position. The student may use logic, ethics, and

emotional appeal along with examples and other forms of support to defend his or her position/

opinion. These compositions can be shared with other classmates, perhaps in the form of a

debate.

2. “Surveying the American People.”“Surveying the American People.”“Surveying the American People.”“Surveying the American People.”“Surveying the American People.” Distribute or present the following scenario, “Survey-

ing the American People,” to students. Read the instructions and story and ask students to list

the rights in order from most important to least important or from most impacting to least

impacting. This may be done individually, in pairs, or in small groups. Ask students to defend

their choices of why they ranked the amendments as they did. Further, have students provide

three to five reasons why they chose as #1 one amendment as being the most important orhaving the most impact. Place these reasons in descending order of importance. Why did they

like this amendment? Which rights do they most appreciate having? Why? After students have

ranked their items, compile a list of the five highest-ranking items. Discuss the importance of all

the rights. (Teachers may want to list rights on index cards and have students rank them accord-

ingly.)

3. “Select an Amendment.”“Select an Amendment.”“Select an Amendment.”“Select an Amendment.”“Select an Amendment.” Students select a constitutional amendment that: 1) has the

greatest impact on religious groups, 2) offers the greatest protection for school publications, 3)

most effects voting days, 4) most effects term limits, 5) has the greatest impact on women, 6)

represents the ideas of the progressive movement, 7) most effects a particular kind of industry

(restaurant business, etc.) etc. Various criteria of selections can be chosen by the teacher.

4. “““““A Mock TA Mock TA Mock TA Mock TA Mock Trial.”rial.”rial.”rial.”rial.” This activity helps students understand the Fifth through Eighth amend-

ments as they conduct a mock trial. Decide on a good case appropriate for the grade level.

Randomly select or appoint students to role play the judge, the lawyers, and the witnesses.

Then review, discuss, and elaborate on the Fifth through Eighth amendments so that the stu-

dents can understand the rules. Students prepare scripts in order to continue with the drama.

Create crime scenarios for the case like: 1) young boys arrested for stealing, 2) teenagers

flogged for vandalizing cars, etc.



AssessmentAssessmentAssessmentAssessmentAssessmentStudents will write a composition/essay addressing one of the issues discussed in closure

or a related issue.

5. “Rights and Responsibilities.”“Rights and Responsibilities.”“Rights and Responsibilities.”“Rights and Responsibilities.”“Rights and Responsibilities.” A. Put the following statement on the chalkboard:

“Citizens of the United States have rights and responsibilities.” Have students define and think

about the following terms:

Right: a priviledge given to you by law, something to which you are entitled.

Responsibility: something you are obligated to do.

Examples: Citizens have a right to free speech.

Citizens have a responsibility to speak truthfully.

Students generate a T-chart or vend diagram, including in the left column their rights and in the

right column one or more corresponding responsibilities. Students consider the possibility that

an item might be both a right and a responsibility. Find examples in everyday life that illustrate

each as well as possible violations of each. Compare and contrast rights and responsibilities.

B. Discuss the balance and relationship between rights and responsibilities. How are theysimilar or different from one another? Why are they both important? Why is it important to

exercise our rights responsibly? Have students write a brief response or a longer essay address-

ing one of these issues/questions and share it with the class.

C. Students review some of the specific responsibilities that go along with each right. Then

have students work in pairs to create a collage, chart, cartoon, drawing, or other visual that

creatively illustrates one or more of these rights and responsibilities and their characteristic

importance. Students may give their visual a tone which may be serious, inspiring, humorous,

dramatic, patriotic, educational, etc. Publish a Bill of Rights class book using the illustrations/

visuals.

ClosureClosureClosureClosureClosureDiscuss: What would life be like without the rights guaranteed in the Constitution? Students

may write down or visualize through illustration their perceptions of life without a certain right or

rights. What are some of the possible dangers of not having a national, agreed upon Bill of

Rights and Constitution? What is or might life be like in other countries where such rights are

not protected? Think about real-life historical or present-day examples.



TTTTThe Bill of Rights:he Bill of Rights:he Bill of Rights:he Bill of Rights:he Bill of Rights:The Original (First) Ten Amendments of the ConstitutionThe Original (First) Ten Amendments of the ConstitutionThe Original (First) Ten Amendments of the ConstitutionThe Original (First) Ten Amendments of the ConstitutionThe Original (First) Ten Amendments of the Constitution

Passed by Congress September 25, 1789. Ratified December 15, 1791

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT I.I.I.I.I. Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the

right of the people peaceably to assemble, and to petition the Government for a redress of

grievances.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT II.II.II.II.II. A well regulated Militia, being necessary to the security of a free State, the

right of the people to keep and bear Arms shall not be infringed.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT III.III.III.III.III. No Soldier shall, in time of peace be quartered in any house, without the

consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT IVIVIVIVIV..... The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall

issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the

place to be searched, and the persons or things to be seized.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT V V V V V..... No person shall be held to answer for a capital, or otherwise infamous crime,

unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval

forces, or in the Militia, when in actual service in time of War or public danger; nor shall any

person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be taken for public use, without

just compensation.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT VI. VI. VI. VI. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy

and public trial, by an impartial jury of the State and district wherein the crime shall have been

committed, which district shall have been previously ascertained by law, and to be informed of the

nature and cause of the accusation; to be confronted with the witnesses against him; to have

compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for

his defence.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT VII. VII. VII. VII. VII. In Suits at common law, where the value in controversy shall exceed twenty

dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise

re-examined in any Court of the United States, than according to the rules of the common law.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT VIII. VIII. VIII. VIII. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel

and unusual punishments inflicted.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT IX.IX.IX.IX.IX. The enumeration in the Constitution, of certain rights, shall not be construed

to deny or disparage others retained by the people.

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT X.X.X.X.X. The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to the people.



An Abridged

Bill of Rights:The Original (First) Ten Amendments of the Constitution

ratified 1971

By Thomas Dyer

First Amendment: Freedom of Religion, Assembly, and the Press. Congress cannot pass

laws that take away the freedom to believe and worship as you wish, and shall not limit freedom of speech

or freedom of the press (the ability to write what you want). The right of people to peacefully get together,

and to ask the government to correct wrongs, shall be protected.

Second Amendment: Freedom to Bear Arms. Because a fighting force of citizens might be

necessary to protect a free state, states have a right to allow people to keep weapons in their homes.

Third Amendment: Limits on the Quartering of Soldiers. People don’t have to allow

soldiers to stay in their homes during peacetime, nor in time of war unless a special rule is made by thegovernment.

Fourth Amendment: Limits on Searches and Seizures. Unless the government (including

the police) has good reason, people, their homes, and their things cannot be searched or taken away. To

conduct a search, officials must have reason to believe they will find a stolen object or discover a person

breaking the law.

Fifth Amendment: The Right to Due Process of Law, Including Protection Against

Incriminating Yourself. People don’t have to give evidence against themselves in court. If they have been

found innnocent of a crime, they can’t be tried again for the same crime. People have to be treated fairly bythe law, and cannot have their lives, liberty, or property taken from them unless it is fair.

Sixth Amendment: The Right to Legal Counsel and a Fair Trial. People accused of a

crime can have a lawyer and a trial by jury. They have to be told what they are accused of, and they can

ask questions about it.

Seventh Amendment: The Right to a Jury Trial in Civil Cases. If a disagreement be-

tween people is about something more than $20.00, then they can have a jury trial.

Eighth Amendment: Unfair Punishment Is Forbidden. People arrested on a charge can

be free while they wait for their trial if they pay money to the court as bail, which is a way of promising they

will return for their trial. If they show up, they get this money back. Fines have to be fair. And people

found guilty cannot be punished in a cruel or unusual way that is not allowed by law.

Ninth Amendment: Other Rights Are Protected by the Constitution. The rights listed in

Amendments 1-8 aren’t the only ones people have.

Tenth Amendment: Any Powers that Do Not Belong to the National Government Belong

to the States. The U. S. government has only those powers listed in the Constitution.



My Bill of RightsUse this form to write your own personal Bill of Rights!

Be it known to all people that I,____________________________________, being a citizen in good standing of _____________________________________,

and being of sound mind and body, do wish to state that every one of the following

rights is mine and that I accept the responsibility that accompanies these rights.

1. The right to spend time with my friends ___________________ and

___________________, knowing it is my responsibility to return home in time to eat

dinner and do homework.

2. The right to stay up and______________________________, knowing it is my

responsibility to ____________________________________.

3. The right to___________________________________________, knowing it is

my responsibility to ____________________________________.

4. The right to __________________________________________, knowing it is


5. The right to _________________________________________, knowing it is


This Bill of Rights is hereby signed, sealed, and ratified this day of

______________________, in the year _______________________.

Signed:

Witnessed by:

Excerpted with permission from “A Bill of Rights K-12 Resource Packet” published by the Michigan Commis-

sion on the Bicentennial of the United States Constitution.



Surveying the American People

Scenario:

You and your family recently read a story together about the formation of a new coun-

try. In the story, the leader of the country decides to survey the American people

about their government and their rights. He makes a request: “We have looked at

some of your laws and the way your government operates and have found that they

seem to work very well and provide the right amount of freedoms and responsibilities

for the individual so that everyone can get along and live together harmoniously and

safely. Therefore, we would like to conduct a survey among the people of the United

States to try and arrive at a decision about which rights would be important to adopt.

Therefore, I have created a list of the Bill of Rights in your Constitution for you to rank

in order. Please look over the list and decide which of the ten are most

important to you and in what order. Make a note among yourselves of the top FIVE of

the ten rights, the five which get the most votes from all the citizens of the United

States.” To do this activity, you will need to think about each right and why it is

important. Think about how each right functions and serves the American people.

Consider what life would be like without these rights. Follow the directions for and

complete the survey about our rights.



Rights and FreedomsYou and your classmates are to rank the following rights in order of importance or in

the order in which you would give them up, with 1 being the most important right (the

right you would give up last) and 10 being the least important right (the one you would

give up first). Discuss each right and why it is important. Think about how each right

functions and serves the American people.

Directions: Rank from 1 to 10 your most important rights (1-most important, 10-least

important).

_______ Right to bear arms

_______ Right to freedom of speech

_______ Right to legal counsel

_______ Right to protection from cruel and unusual punishment

_______ Right to freedom of the press

_______ Right to jury trial

_______ Right to freedom of religion

_______ Right to peacefully assemble

_______ Protection from self-incrimination

_______ Right to protection from unreasonable searches and

seizures



★ The First AmendmentThe First AmendmentThe First AmendmentThe First AmendmentThe First Amendment ★

PurposePurposePurposePurposePurposeStudents will examine the freedoms and

rights provided for in the First

Amendment.

Object iveObject iveObject iveObject iveObject iveThe student will explore activities in which

he or she participates daily that are

guaranteed under the First Amendment.

Theme-UnityTheme-UnityTheme-UnityTheme-UnityTheme-UnityThe First Amendment to the Constitution

was written to provide for unity among the

people and to prevent the persecution

and disharmony that occurred when the

king supported only one religion.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIa. analyze and explain the ways groups,

societies, and cultures address human

needs and concerns.

IIf. apply ideas, theories, and modes of

historical inquiry to analyze historical and

contemporary developmentss, and to

inform and evaluate actions concerning

public policy issues.

Vd. identify and analyze examples of

tensions between expressions of

FFFFFocusocusocusocusocusStudents list their rights as citizens as expressed in the Bill of Rights and where they learned about

these rights. Remind them of the video infomercial, “School House Rocks,” and how their sources of

information might have been from television. The teacher may discuss any of the other rights. Show

or play Bill of Rights song from “School House Rocks.” Discuss. Evaluate and think about our rights

and how they affect our lives.

ActivityActivityActivityActivityActivity1. Introduce the terms and readings associated with the First Amendment. Review main points and

significance of rights addressed. Discuss and answer questions. What do they mean? (See Links

page on www.americanheritage.org for additional resources on the First Amendment.)

2. Divide class into groups and pass out supplies to each group. Each group will create a collage

displaying the rights the First Amendment guarantees them. Share and discuss.

3. Students review court cases examining First Amendment freedoms. What is the meaning of

separation of church and state? Why is it important? What are examples representing the action,

benefit, and possible misinterpretation of this idea? What about freedom of press, etc.?

individuality and efforts used to promote social

conformity by groups and institutions.


institutions meet individual needs and promote

the common good in contemporary and

historical settings.IXf. analyze or formulate policy statements

demonstrating an understanding of concerns,

standards, issues, and conflicts related to

universal human rights.

Xb. identify, analyze, interpret, and evaluate

sources and examples of citizens’ rights and

responsibilities.


Mater ialsMater ialsMater ialsMater ialsMater ials★ American Heritage handouts

★ Dictionaries & Art Supplies

★ National News Magazines

★ First Amendment Supreme Court decisions

★ ”School House Rocks” song


PreparationPreparationPreparationPreparationPreparation★ Copy handouts★ Gather supplies (as needed).



The Fir The Fir The Fir The Fir The Fir ssssst Amendmentt Amendmentt Amendmentt Amendmentt Amendment—Religion Clauses

Historical Background

AAAAAMENDMENTMENDMENTMENDMENTMENDMENTMENDMENT IIIII::::: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Early Roots for a Bill of Rights and Religious Liberty—

“Toleration”

Many of the colonists settling in the New World during theseventeenth and eighteenth centuries were refugees from religiousoppression. Puritan, Catholic, Quaker, and other dissenters whoemigrated to the Colonies had often suffered bitterly at the hands of the law—“Ruler’s Law.” Upon arrival in America, the religious dissenterstended to be particularly sensitive to the threat of ecclesiastical andjudicial tyranny. Whenever they had the opportunity, they sought toprotect their civil and religious liberties through legal codes—man-made laws protecting themselves from government. These early codesestablished a tradition of “bills of rights” in America that eventually led to the Bill of Rights, the first ten Amendments to the U.S.Constitution.

Early bills of rights were deeply influenced by the principle of a“higher” or fundamental law that the religiously persecuted maintainedcame from God. They argued that man is called by God to obey ahigher law than men can make. This further led them to believe that no magistrate had the power to deny this “higher law” to the people.

The Puritans were the first English Protestants to adopt thisrevolutionary creed—and they suffered for their disobedience. Whenthey arrived in Massachusetts Bay, the Puritans were determined that the civil government would not subvert their fundamental religiousfreedom.

dissentersdissentersdissentersdissentersdissenters

The refusal to conform to

the authority or doctrine

of an established or

national church, esp., a

Protestant who differs

with the Church of

England

ecclesiasticalecclesiasticalecclesiasticalecclesiasticalecclesiastical

Of or pertaining to a

church, esp., as an

organized institution

Quotations Regarding “Religious Toleration”

“At length, sailing from this place [England], we reached the cape, which they call Point Comfort, in Virginia,on the 27th of February, full of apprehension . . . . On the day of the Ascension of the Most Holy Virgin Mary

in the year 1634, we celebrated the mass for the first time, on the island. This had never been done before

in this part of the world.” (italics in the original)

Fr. Andrew White, S.J., “English America’s First Mass,”

Gaustad, A Documentary History , pp. 113-14

“That there is such a thing as conscience, and the liberty of it, in reference to faith and worship towards God,

must not be denied, even by those that are most scandalized at the ill use some seem to have made of such

pretenses.”

William Penn, “Liberty of Conscience,”

Gaustad, A Documentary History , p. 119





Although the Puritans disliked the established Church of England,it was the nature of the established religion, not the fact that it wasestablished, that they deplored. When the opportunity arose in the

Colonies, these Puritans established their own faith and persecuted allothers—once again becoming a government over man. Interestingly, few of the first colonists valued the principle of “religious toleration.”

Others persecuted, such as the Quakers, suffered far worse thanthe Puritans for their beliefs. Although they had “no ministry, nosacraments, no liturgy, no structure, no weapons,” a number of unusualpractices—greetings of “thee” and “thou,” honoring neither man nor law, and taking no oaths against their conscience—made them obvioustargets for persecution in an age of intolerance. Hundreds of Quakers,including William Penn, suffered trial and imprisonment for exercising their religious beliefs. When Penn set out to frame the government and

laws of Pennsylvania, he was careful to include a fully developed bill of rights.

In 1636, Penn issued “A Persuasive to Moderation to ChurchDissenters in Prudence and Conscience,” wherein he pleads against theprejudices of the times.

“Penn’s Holy Experiment [Pennsylvania, a Quaker refuge]rested upon the conviction that men and women were not to be coerced in matters of religion, for true religionflourished best where force was found least. . . . —hecontinued to argue that religious persecution was a costly

as well as a bloody business” (Edwin S, Gaustad, ed., ADocumentary History of Religion in America: to the Civil War, William B. Eerdmans Publishing Company, Grand Rapids,1982, p. 119).

Catholics were the most despised religious group in Englishsociety. Toleration was soon established by Lord Baltimore in Maryland, which was initially a refuge for Catholics. Knowing that not enoughCatholics would come to establish the new Colony and that others wouldcome, Baltimore made religious liberty and toleration a basic part of Maryland’s civil law.

“Recognizing their minority status, Catholics under Baltimore invited Protestants to settle there; in 1649, theformer even passed an ‘Act of Toleration’ to guaranteereligious liberty to such Protestants. Unhappily, whenProtestants later seized control of the colony, similar guarantees were not extended to Catholics” (Gaustad, ADocumentary History , pp. 112-13).

The first Colony to establish religious tolerance was Rhode Island.

QuakersQuakersQuakersQuakersQuakers

(Society of Friends)

Seemed to the vast

majority of their

seventeenth-century

English countrymen an

example of religion gone

mad. They originated in

England in 1651 under the

ministrations of George

Fox. When the opportunity

came in 1681 to establish

a refuge in the New

World, William Penn

seized the opportunity and

founded Pennsylvania.

sacramentssacramentssacramentssacramentssacraments

Formal Christian rites,

such as baptism, esp., one

considered to have been

instituted by Jesus as a

means of grace

liturliturliturliturliturgygygygygy

The prescribed form for a

religious service; ritual

oathsoathsoathsoathsoaths

A declaration or promise

to act in a certain way,

made with God as witness





“Massachusetts saw itself as pursuing a grand ‘errand intothe wilderness,’ creating there a model community and a

pure church. No one was to be allowed to frustrate that errand. When some tried, they were either exiled (Roger Williams in 1635, Anne Hutchinson in 1638) or hanged(four Quakers in Boston, 1659-61). Roger Williams, exiledfor contending that the puritans must separate themselvesfrom the impure Church of England and must separate their civil from their ecclesiastical estates, left Massachusetts tofound Rhode Island in 1636. That beleaguered little colony was to become a religious refuge for religious liberty, with Williams himself continuing to be (for nearly half a century)that liberty’s leading advocate” (Gaustad, A Documentary

History , p. 114). (italics added)

Early American Roots for the “Separation

of Church and State” The origins, development, and practice of “separation of church

and state” in the New World during the seventeenth and eighteenthcenturies are important for at least two primary reasons. First, the practice

of “separation” was an anomaly in that this had never occurred in England,in other European countries, or on any other continent. These institutions,church and state, had usually been mutually supportive, except when oneattempted to control the other. Countries having “established churches,”that is, churches approved of, sponsored, funded, and protected, to theexclusion of others, by the host government, always demanded swornallegiance to the national church. The radical American “experiment”became something much different.

And second, Supreme Court decisions to this day are supposed toreflect and interpret the intended meanings of statements and extant documents including letters, pamphlets, the Constitution with the Bill of

Rights (the first ten Amendments) of the “Founding Fathers” and “Framers”and other eminent earlier men, laws of the individual states, and the“customs of the people.” Following the establishment of earlier SupremeCourt decisions, the Court Justices, interpreting the above tradition andlaw, then began to place a much stronger emphasis on “precedence”—previous Court decisions.

Anne HutchinsonAnne HutchinsonAnne HutchinsonAnne HutchinsonAnne Hutchinson

A Massachusetts dissident.

Because she was a threat

to the local ministers forclaiming that only grace

gained by faith brought

salvation, an idea called

Antinomianism, they

brought charges against

her claiming her a threat

to local ministerial

authority. She was first

exiled and then

excommunicated. After

initial jailing, Hutchinson

fled with her husband and

seven children to Williams’

Rhode Island and foundeda new settlement.

extantextantextantextantextant

Still existing, such as

documents





Further, the concept and convention of the “separation of churchand state” had its beginnings in colonial America long before the Founding

Fathers penned the Constitution and the Bill of Rights in the late eighteenthcentury. But it was usually rejected as heretical or as the wailing of nonconforming dissidents such as Roger Williams.

Paradoxically, many of those who had fled Europe and come to America to escape the established and intolerant religions believed deeply that it was natural for religion and state to embrace each other. They established institutional relations much like those they had left behind,including religious intolerance. The church and state were likewiseintertwined in the new American Colonial settlements. With few exceptions(such as Penn and Baltimore, noted above), those that fled Europeanpersecution were no more tolerant of religious dissenters than those from

whom they had fled. These dissenters were seen as heretical—a threat toboth the state and religious orthodoxy—and were shunned, banished, and/or excommunicated. The result was that established churches became thenorm in early colonial British America.

But America’s religious history is not quite so simple. Althoughestablishment was the standard practice, there were aberrations. The first was that brought about by Roger Williams. He had accepted anappointment as minister at the Puritan Boston Church. He thenimmediately admonished church members that there must be a radicalseparation between the church and the material world. He had little successin Boston. Williams thought that he might fare better at Plymouth becausethese Puritan “separatists” (Pilgrims) had stressed and adhered to anabsolute separation from the Church of England. He discovered upon arrivalthat the Pilgrim separation was not as clear-cut as he had thought. Williamsretreated back to Massachusetts.

For the next two years, Roger Williams was in one predicament after another with the General Court in Boston. For Williams, the differencebetween the church and the world was absolute, one pure, one impure, with every part of worship kept separate from the world. He was souncompromising about the principle of separation that he was deemed aliability and threat to the civil order. This threat could not be tolerated.Boston pastor John Cotton voiced thoughts of various colonial authoritiesregarding Williams, and referred to Williams’

“violent and tumultuous disposition; his condemnation of the Puritan State—Church system; his conscientiousobjection to certain oaths; his statement that the civilauthorities had no power to

herherherherhereticaleticaleticaleticaletical

Of, or relating to, an

opinion or doctrine at

variance with established

religious beliefs

excommunicatedexcommunicatedexcommunicatedexcommunicatedexcommunicated

Excluded from

membership in a church

by ecclesiastical authority





enforce the religious injunctions of the ten

commandments;” (Anson Phelps Stokes, Church and Statein the United States, Harper & Brothers, New York, 1950, p.195).

After being charged and confronted by the General Court, Roger Williamsresponded with his own opening salvo and charged that when God’s peopleopen

“a gap in the hedge or wall of separation between the gardenof the church and the wilderness of the world, God hathever broke down the wall itself . . . and made his garden a

wilderness, as at this day. And that there fore if He will eer please to restore His garden and paradise again, it must of necessity be walled in peculiarly unto Himself from the world . . .” (John Eidsmore, Christianity and the Constitution:The Faith of the Founding Fathers, Baker Books, Grand Rapids,p. 243). (italics added)

He further told the Court, more pointedly Rev. John Cotton, that the wholeof the dispute was that they had “allowed the world to invade and corrupt the church.” Roger Williams was ordered exiled from the New World andback to England.

After banishment on October 9, 1635, Roger Williams slipped away and founded a new colony, Providence (Rhode Island). He wanted a colony which would shelter all “distressed in conscience”; Although Williams’authority for the doctrine of “separation of church and state” was basedon various biblical texts, Cotton Mather, another Bay Colony minister,nevertheless claimed that Williams was the “first rebel against the divinechurch-order established in the wilderness [Colonial America].”

Williams’ theory of the church was that of a “voluntary association”and in which civil government, which rested on the consent of the people,ought only concern itself with civil affairs because any attempt by the stateto force uniformity of religion caused civil wars. For him, religious liberty

and freedom of conscience had never been surrendered to the state but was something retained by the people when they formed their government—not a gift of the government. And regardless of the fact that reactionary contemporaries referred to Williams’ colony of Rhode Island as “RoguesIsland,” history has recorded his vital contribution to American freedom(Eidsmore, pp. 196-97).

For Williams, the chief function of the State was the protection of the individual in all his natural and civil rights and





liberties. Williams thought that the realms of Church authority and Stateauthority belonged in, and must remain in, two separate spheres: “All

Civill States with their Officers of justice in their respective constitutionsand administrations are proved essentially Civill, and therefore not Judges,Governors or Defendours of the Spirituall or Christian State and Worship”(Eidsmore, pp. 196-97). Roger Williams was the most radical and criticalintellect in the early Colonies. He was the first to found a colony upon theprinciple of “separation of church and state.”

Regardless, 140 years later at the beginning of the AmericanRevolution in 1776, nine of the thirteen colonies had “established”churches. The Anglican Church had been first established in the New World in Virginia in 1609, later in New York’s lower counties in 1693, inMaryland in 1702, in South Carolina in 1706, and nominally in North

Carolina and Georgia in 1711 and 1758, respectively. The CongregationalChurch was established in Massachusetts, Connecticut, and New Hampshire upon settlement.

But a new mood was developing by the time of the ConstitutionalConvention in Philadelphia in the summer of 1787. Eleven years later,only five states still retained religious “establishment”: Connecticut,Georgia, Massachusetts, New Hampshire, and South Carolina. The Anglican Church had been disestablished in Virginia, New York, and NorthCarolina during the Revolutionary War and then in Maryland in 1786. The continuing elimination of established churches after ratification of the Federal Constitution in 1789 culminated in the disestablishment of

the Anglican Church in Georgia in 1789 and the Congregational Churchin Connecticut in 1818, in New Hampshire in 1819, and finally inMassachusetts in 1833, the last hold-out (Richard B. Morris,The Encyclopediaof Modern History , Harper and Row, New York, Bicentennial Edition, 1976,p. 82).

After two hundred years of “established” churches in America, withthe first in Virginia in 1609 and for those claiming a “separation of churchand state,” beginning with Rhode Island in 1636, the nation was free of formal establishment of religion, and liberty of conscience was in place.Or was it?

Anglican ChurAnglican ChurAnglican ChurAnglican ChurAnglican Churchchchchch

The Church of England

and the churches in

other nations that are in

complete agreement

with it as to doctrine

and discipline and are in

communion with the

Archbishop of Canterbury

CongrCongrCongrCongrCongregational Churegational Churegational Churegational Churegational Churchchchchch

The autonomous

churches formed in New

England by the non-

separatist Puritans who

sought to reform the

Church of England

Additional Reading★★★★★ Ball, William BentleBall, William BentleBall, William BentleBall, William BentleBall, William Bentleyyyyy..... Mere Creatures of the State?: Education, Religion, and the Courts: A View

from the Courtroom. Notre Dame, IN: Crisis Books, 1994.Notre Dame, IN: Crisis Books, 1994.Notre Dame, IN: Crisis Books, 1994.Notre Dame, IN: Crisis Books, 1994.Notre Dame, IN: Crisis Books, 1994.

★ CurrCurrCurrCurrCurryyyyy, Thomas J., Thomas J., Thomas J., Thomas J., Thomas J. The First Freedoms: Church and State in America to the Passage of the First

Amendment. Ne. Ne. Ne. Ne. New Y w Y w Y w Y w Y ororororork: Oxf k: Oxf k: Oxf k: Oxf k: Oxf ororororord Ud Ud Ud Ud Univnivnivnivnivererererersity Press, 1sity Press, 1sity Press, 1sity Press, 1sity Press, 1986.986.986.986.986.

★★★★★Gaustad, Edwin.Gaustad, Edwin.Gaustad, Edwin.Gaustad, Edwin.Gaustad, Edwin. Liberty of Conscience: Roger Williams in America. Grand Rapids, MI: William B.. Grand Rapids, MI: William B.. Grand Rapids, MI: William B.. Grand Rapids, MI: William B.. Grand Rapids, MI: William B.

EerEerEerEerEerdmans Publishing Comdmans Publishing Comdmans Publishing Comdmans Publishing Comdmans Publishing Companpanpanpanpanyyyyy, 1, 1, 1, 1, 1999999999911111.....

★★★★★Goldwin, RGoldwin, RGoldwin, RGoldwin, RGoldwin, Roberoberoberoberobert At At At At A..... From Parchment to Power: How James Madison Used the Bill of Rights to Save

the Constitution. W. W. W. W. Washingtashingtashingtashingtashington, D.C.: The AEI Press, 1on, D.C.: The AEI Press, 1on, D.C.: The AEI Press, 1on, D.C.: The AEI Press, 1on, D.C.: The AEI Press, 1999999999977777.....

★★★★★ LoLoLoLoLowwwwwenthal, Daenthal, Daenthal, Daenthal, Daenthal, David.vid.vid.vid.vid. No Liberty for License: The Forgotten Logic of the First Amendment. Dallas:. Dallas:. Dallas:. Dallas:. Dallas:

Spence Publishing ComSpence Publishing ComSpence Publishing ComSpence Publishing ComSpence Publishing Companpanpanpanpanyyyyy, 1, 1, 1, 1, 1999999999977777.....





Purpose of Amendments

Because of the opposition to the adoption of the Constitution by anti-Federalists, severalstates proposed amending the document to better protect the states as well as individuals from theincursions of the newly proposed centralized federal government. The people were frightened andsuspicious of new and untried national control. This anti-Federal sentiment was particularly strong in Rhode Island. This state did not bother to send a delegate to the Constitutional Convention.

The Rhode Island government refused to call for a ratifying convention until the spring of 1790, more than one year after the Federal government had begun operating in New York. Ascitizens of the smallest state, Rhode Island saw little advantage in a consolidated government in which the views of the larger states would naturally dominate. But its chief objection was the lack of a “bill of rights.” When the state government finally called for a ratifying convention, severalamendments were attached. Protection of the right of religious liberty was most prominent among the other proposals. Rhode Island finally ratified the U.S. Constitution and became the last of theoriginal thirteen states to enter the Union.

Thus, ten additional Articles were drafted, debated, and eventually adopted. They becamethe first ten Amendments to the Constitution and were finally ratified on December 15, 1791. We will examine the First Amendment, in part.

Article I (First Amendment—Religion Clauses)

“Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; . . . .”

The American civil “experiment” is indeed radical. Its citizens have not only created ademocratic republic but have built into the Constitution through the First Amendment not only freedom of religion but freedom from religion. Eventually the Supreme Court gave a title to each of these clauses—“The Establishment Clause” and “The Free Exercise Clause.”

The Court has made some dramatic decisions during these past five decades, since its decisionin Everson v. Board of Education (1947). Lawyers, educators, jurists, and others have written many volumes about the first sixteen words of Article I and the Court’s interpretations.

Note: Because of the breadth and depth of work, especially by the Supreme Court, this discussionregarding the “Religion Clauses” of the First Amendment can be divided into three parts as follows:

Part I The “wall of separation between church and state”Part II The Establishment ClausePart III The Free Exercise Clause

A discussion of Part I is included here.







“Using Jefferson’s letter, the Court showed that while the government was not free to

interfere with opinions on religion, which is what frequently distinguishes onedenomination from another, it was responsible to enforce civil laws according togeneral Christian standards. In other words, separation of church and state pertainedto denominational differences, not to basic Christian principles” (David Barton, The

Myth of separation: What is the correct relationship between Church and State?, WallBuilder Press, Aledo, Texas, 1992, p. 43). (emphasis in the original)

There are still other reasons to believe that Thomas Jefferson was not a strict-separationist,and therefore his meaning for the “wall of separation” is different than that of the Supreme Court that ruled for complete separation. Another part of his letter states:

“Believing with you that religion is a matter which lies solely between man and hisGod, that he owes account to none other for his faith or his worship, that the legislativepowers of government reach actions only, and not opinions . . . ” (Merrill D. Peterson,ed., “Reply to the Danbury Baptist Association, in Connecticut, January 1, 1802,” ThePolitical Writings of Thomas Jefferson, Thomas Jefferson Memorial Foundation, 1993,p. 145).

In an earlier document written by Jefferson, Kentucky Resolutions, he stipulates that the U.S.Constitution delegates “no power over the freedom of religion” and that the First Amendment guardsthe freedom of religion” (Peterson, “Draft of the Kentucky Resolutions (1798),” p. 127).

In a later letter to Reverend Samuel Miller, January 23, 1808, Jefferson claims that the federal

government is prohibited by the Constitution from “intermeddling with religious institutions, their doctrines, disciplines, or exercises.” His argument is against a nationally prescribed “day of fasting & prayer”:

“But it is only proposed that I should recommend, not prescribe a day of fasting &prayer [Jefferson was the President of the U.S.]. That is, that I should indirectly assumeto the U.S. an authority over religious exercises which the Constitution has precludedthem from” (Peterson, “Religious Freedom,” p. 159). (italics in original)

But it was not only Jefferson that thought that the church was to be protected from thegovernment. Others did not view the “separation” as the contemporary Supreme Court does. To

wit: the armed forces have always had chaplains, “In God We Trust” is still on all U.S. currency,“One nation under God” is still a part of “The Pledge of Allegiance,” and every session of Congressis opened with prayer. Even at the beginning of the Constitutional Convention, five hours of prayer came first.



PurposePurposePurposePurposePurposeThe purpose of this lesson is for students to

gain an understanding of the significant

historical documents that contributed to or

played a role in the formation anddevelopment of the United States.

Students will be able to identify the main

purposes, characteristics, and time frame

of each of these documents and how they

related to and/or differed from one

another.

ObjectiveObjectiveObjectiveObjectiveObjectiveThe student will understand 1) traditional

historical points of reference in U. S. history

through 1877, 2) the foundations of representative government in the United

States, and 3) the American beliefs and

principles reflected in important historic

documents.

Theme-ProgressTheme-ProgressTheme-ProgressTheme-ProgressTheme-ProgressEach of the founding documents of the

United States contributed to, furthered, or

secured the development and progress of

the country with regard to individualliberties, government, and society.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsI. Culture A. Analyze and explain the ways

groups, societies, and cultures address

human needs and concerns.

II. Time, Continuity, and Change

B. Apply key concepts such as time,

chronology, causality, change, conflict, and

★ Our National DocumentsOur National DocumentsOur National DocumentsOur National DocumentsOur National Documents ★

complexity to explain, analyze, and show

connections among patterns of historical

change and continuity.

V. Individuals, Groups, and Institutions

G. Analyze the extent to which groups and

institutions meet individual needs and promotethe common good in contemporary and

historical settings.

X. Civic Ideals & Practices A. Explain the

origins and continuing influence of key ideals of

the democratic republican form of government,

such as individual human dignity, liberty, justice,

equality, and the rule of law.


MaterialsMaterialsMaterialsMaterialsMaterials★ K-W-L Chart

★ Bill of Rights (for text see “Rights and

Responsibilities” lesson unit.)

★ U. S. Constitution (for text see “U. S.

Constitution” lesson unit or U. S. Archives

and Records Administration,

www.archives.gov.)

★ Declaration of Independence (for text see

“Declaration of Independence” lesson unitfor text or www.archives.gov.)

★ Understanding the Meanings and Purposes

of Our National Documents by Dr. Richard

J. Gonzalez



FFFFFocusocusocusocusocusHave students brainstorm and discuss all the major founding documents and related events

that come to mind in the United States’ history (particularly early or colonial history). Jot these

items on the board. Develop a K-W-L for the whole class or have students each do one on their

own. Explore and discuss with students what they know about each of these documents and

what they want to know.



★Our National Documents★

continued

ActivityActivityActivityActivityActivity“““““An IntrAn IntrAn IntrAn IntrAn Introductoductoductoductoductororororor y or Conclusivy or Conclusivy or Conclusivy or Conclusivy or Conclusive Ove Ove Ove Ove Overerererervievievievieview of Our National Documents”w of Our National Documents”w of Our National Documents”w of Our National Documents”w of Our National Documents”

1. “The Big Picture.”“The Big Picture.”“The Big Picture.”“The Big Picture.”“The Big Picture.” Before or after students explore and analyze each historical document indetail, have students read/discuss Understanding the Meanings and Purposes of Our National

Documents by Richard Gonzalez. Introduce and discuss the major primary documents that serve

as foundations for the establishment and functioning of our nation, including the Declaration of

Independence, the Constitution of 1787, and the first ten amendments approved in 1791 known

as the Bill of Rights. Discuss the general purposes, concepts, qualities, and parts/sections of the

documents. (See Links page on www.americanheritage.org for additional resources on America’s

founding and important documents.)

2. “Create a Timeline.”“Create a Timeline.”“Create a Timeline.”“Create a Timeline.”“Create a Timeline.” Have students individually or in small groups create a timeline of

major historical events in the U. S. and include on it dates of the development of significant

national documents. Students may color code or illustrate timelines, laminate them or encasethem in plastic sleeves, and/or display them. Have some students or groups present and/or

discuss with the class the major points on their timeline.

3. “Compare, Contrast, and Highlight.”“Compare, Contrast, and Highlight.”“Compare, Contrast, and Highlight.”“Compare, Contrast, and Highlight.”“Compare, Contrast, and Highlight.” Have students individually or in small groups create

outlines or charts to differentiate, compare, and contrast these major historical documents from

and/or with one another. Highlight each document’s author(s), context and time in which it was

written, focus, purpose and goal, ideals and philosophy, format, characteristics, and key points or

concepts. Students may color code these charts, laminate them or encase them in plastic

sleeves, and/or display them. Discuss/review as a class the components of students’ charts,

creating on the board a chart for the whole class to review.

ClosureClosureClosureClosureClosureHave students complete the K-W-L chart, writing down what they learned about each of the

significant historical events and documents of the United States. Discuss as a whole class what

was learned about our national documents, writing them on the board for a class K-W-L chart. Tell

students where these original documents are on display and where one can access them to read

and study.

AssessmentAssessmentAssessmentAssessmentAssessmentStudents will write an analysis or essay comparing and contrasting significant historical

documents of the United States. Students may also develop their own thesis for an

essay relating to one or more of the historical documents and an aspect of its/their

development, significance, characteristics, historical impact, or philosophy.



K - W

- L C h a r t

W h a t I K

n o w

W h a t I W a n t t o K n o w

W h a t I L e a

r n e d



Understanding the Meanings and Purposes of Our National Documents

American Heritage Education Foundation, Inc. pg 1

Understanding the Meanings and Purposes

of Our National DocumentsBy Richard J. Gonzalez

Senior Research Fellow, University of Texas at Austin

The United States’ basic and important national documents include the Declaration of Indepen-dence of 1776, the Constitution of 1787, and the first ten amendments to the Constitution ap-proved in 1791 known as the Bill of Rights. To understand our heritage from these documents, wemust know their purposes and meanings and the reasons for use of key words and terms at thattime. Such knowledge is essential for continuing appreciation of and adherence to the principlesof government responsible for the remarkable progress achieved by the people of this nation in twocenturies.

The Declaration of Independence established the reasons and philosophical basis for a new form of government based on the principles that all people have equal rights and that governments derivetheir just powers from the consent of the people. The Constitution of 1787 enumerated thespecific limited rights of the national government. The Bill of Rights emphasized the limitedauthority of the national government by stating that all other powers are reserved to the states orto the people. (Article X)

The Declaration of Independence

A New Form of Government

Through the eighteenth century, many countries were ruled by kings. Kings were believed tohave “Divine Rights” from God, and the people had only the limited rights granted to them by theking as their ruler. The powers of the king of Great Britain at that time had been limited by theMagna Carta of 1215 and the English Bill of Rights of 1689 but were still very great. The Britishgovernment also supported the national Church of England. During this time, many people ini-tially traveled to the English colonies in America in order to find religious, social, and economicfreedoms and opportunities and a new, better way of life. When the colonial founders of the UnitedStates of America declared their independence from Great Britain, they knew that they werestarting a new form of government that had never existed before in order to replace the traditionalform of government up to that time in many countries. Such an unprecedented idea was laterreflected and printed on U. S. money in the Latin words, “NOVUS ORDO SECLORUM,” meaning “anew order of the ages.”

Equal and Inalienable Rights

The Declaration of Independence departed from the traditional idea of special rights for the kingand the aristocracy and their children and expressed the principle of equal rights for all by birth.

The British Parliament, for example, consisted of a House of Lords and a House of Commons, asystem reflecting differences in the rights of a hereditary aristocracy from those of the commonpeople. Trial by jury of peers meant that commoners could not try members of the aristocracy

since a peer in that case meant another member of the British nobility. (Today the commonmeaning of the word “peer” now is quite different from that during the eighteenth century.) TheDeclaration set forth a new principle, holding it to be self-evident that “all men are created equal,that they are endowed by their Creator with certain unalienable rights, that among these are life,liberty and the pursuit of happiness.” This revolutionary statement expressed the principle andbelief of the equal rights of all men and that freedom itself was, philosophically, a gift from God andnot “parceled out” by a king or government as a vested right that could be withdrawn at the whimof a monarch or government.







and caused a sharp decline in the value of the dollar, which led to the expression, “Not worth aContinental.”

Some national leaders recognized the need for a stronger national government. A convention atAnnapolis in 1786 adopted a resolution calling for a meeting “to render the constitution of thefederal government adequate to the exigencies of the Union.” In February 1787, the ContinentalCongress invited all states to send delegates to a convention at Philadelphia in the spring of that

year for the purpose of revising the Articles of Confederation. All the states except Rhode Island

sent delegates to the Constitutional Convention which met in Philadelphia in May and completedits work in four months on September 17, 1787. The Constitution was ratified on 1788.

The Constitution was designed to create a federal system of government to replace the weakcentral government that had previously united the thirteen states. The Constitution defined andlimited the powers of the national government. The Constitution authorized the federal govern-ment to levy taxes to pay for carrying out the duties assigned to it in order to form a more perfectunion. It also defined what the states could and could not do and guaranteed “to every State in theUnion a republican form of government.” (Article IV, Section 4) Thus, we regularly pledge ascitizens “allegiance to the flag of the United States of America and to the republic for which itstands.” By the term “republic” the Constitution means the system of government in whichlegislative authority is entrusted by the voters to elected representatives who are expected to usetheir best judgment as to what serves the interests of all the people. Congress is charged withacting in the national interest by serving the interests of its people consistent with the nationalinterest. The War Between the States prevented the secession of the southern states and estab-lished that the national interest is supreme in case of a conflict with the interest of a state. Oursystem provides for democratic elections of responsible representatives charged with serving thebest interests of the people of this nation and of the states by the decision-making process of arepublican form of government limited by a Constitution.

2. To Establish Justice

The second purpose of the Constitution is to “establish justice” which would apply uniformly topeople in all of the states. The Constitution provided for trial by jury and for a system of federalcourts, including a Supreme Court, as part of the system of division of authority among the legis-

lative, executive, and judicial branches of government. This system of checks and balances wasdesigned to prevent concentration of power which could endanger the rights of the states and of the people. The Constitution established federal courts to supplement the work of state courtsand deal with all cases arising under the Constitution and laws of the United States. The inscrip-tion carved above the entrance to the Supreme Court, “Equal Justice Under Law,” indicates theconcept of a government operating under constitutional laws and equal justice for all.

3. To Insure Domestic Tranquility

The third purpose of the Constitution is to “insure domestic tranquility” in order to protect peopleagainst civil disorder. Insurrection in Massachusetts in 1786 led by Daniel Shays was a factorcontributing to awareness of the need for a national government that would establish justice andinsure domestic tranquility. In what became known as Shay’s Rebellion, farmers objecting tohigh taxes on land and debtors seeking to prevent foreclosure on mortgages participated in armedinsurrection. They interfered with and prevented the sitting of state courts and attacked a federalarsenal. The federal government was granted authority by the Constitution to protect the statesagainst domestic violence and civil disorder on application by the legislature or the executive of the state when a state called for help maintaining order.

4. To Provide for the Common Defense

The fourth purpose of the Constitution is “to provide for the common defense.” Failure of the





states to provide adequate financial support for the military forces in the War of Independence hadmade clear the weakness of a national government that could only ask the states for money butcould not levy direct taxes. To correct this problem, the Constitution provided that Congress hadpower to collect taxes to pay the debts and provide for the common defense and general welfare of the United States. It also provided that measures to raise revenue for the national governmentshould be uniform throughout the United States.

5. To Promote the General Welfare

The fifth purpose of the Constitution is to “promote the general welfare.” It was designed toemphasize that all actions of the federal government should serve the interests and promote thegeneral welfare of all of the people of the United States rather than favor the interests of anyparticular state, region, or class of citizens. This provision was designed to require that legisla-tion by Congress should give people in all of the states the opportunity to fare well in their effortsto improve life for themselves and their posterity.

At the time of the Constitution, the term “welfare” did not have the meaning that it has acquiredin recent decades in this century as governmental aid to the needy. Before and for a long timeafter adoption of the Constitution, charity and taking care of the poor, sick, and elderly who wereunable to support themselves was considered the responsibility of families, neighbors, churches,

and local governments and committees, not of the federal government.

6. To Secure the Blessings of Liberty

The sixth important purpose of the Constitution is to “secure the blessings of liberty to ourselvesand our posterity.” The term liberty meant freedom from the oppressive taxation and regulation of the people by governments such as that which had caused the colonies to declare their indepen-dence from Great Britain. This purpose affirmed the principle of the Declaration of Independencethat we are all endowed by our Creator with the same unalienable rights, including life, liberty,and the opportunity to seek happiness through our own efforts without interfering with the rightsof others. The Constitution made clear that the only power of the government was that granted toit by the people. The people rejected the theory prevalent in other countries at that time of the“Divine Right” of kings and that people had only such rights as the king, as head of the state,

granted to them.

Based on principles set forth in the Declaration of Independence, the Constitution rejected theconcept of an aristocracy with special rights by providing that “No title of nobility shall be grantedby the United States.” (Article I, Section 9) The Constitution provided for election of national andstate officials by the people. It also limited the power of democratically elected officials to makesure that majorities could not deprive minorities of their constitutional rights. The Constitutionrequired that the states also should define the limited authority of elected officials in order toprotect the rights of the people.

At the time the Constitution was written, the quest for and value of freedom was prominent in theminds of many leaders and as displayed on national symbols. In a speech in Parliament favoringconciliation with the Colonies, Edmund Burke said, “In the character of the Americans, a love of freedom is the predominating feature which marks and distinguishes the whole.” In a statementon the rights of British America in 1774, Thomas Jefferson said, “The God who gave us life, gaveus liberty at the same time.” The Liberty Bell installed at Philadelphia in Independence Hall in1753 had inscribed on it these words from the Bible: “Proclaim Liberty throughout all the land toall the inhabitants thereof” (Leviticus 25:10).

The Constitution also granted to Congress the power “to promote the progress of science anduseful arts by securing for limited times to authors and inventors the exclusive right to theirrespective writings and discoveries.” Copyrights and patents issued by the federal governmentwere intended to reward people for special contributions considered of benefit to the nation. The





combination of freedom for people to decide how to work for improvement of their lives with mini-mum government interference and taxation and of opportunity to enjoy the reward of good effortsunleashed the creative and productive powers of the people, attracted the most enterprising peoplefrom other countries, and produced remarkable economic progress that raised the nation to aposition of leadership in the world in the first quarter of the 20th century.

Limits on the Role of Government in Religion

In the eighteenth century, it was common practice for governments to have an official nationalchurch supported with tax revenues, such as the Church of England. People could be punished forbeing dissenters from the “established” church. In early America, nine of the colonies had officialchurches, and Connecticut and Massachusetts kept their established churches until 1819 and1833. But while some states in early America had state-supported churches, none of the stateswanted to grant congress the right to establish a church which all of them would have to support.As different religions were dominant in the thirteen states, the people did not want the nationalgovernment to interfere with their free exercise of their chosen religions. For these reasons,Article VI of the Constitution was created and provides that “no religious test shall ever be re-quired as a qualification to any office or public trust under the United States.” Later, in 1791, theFirst Amendment of the Constitution, as part of the Bill of Rights, was approved, stating, “Congressshall make no law respecting an establishment of religion, or prohibiting the free exercise

thereof.” This amendment protected the people against the establishment of an official nationalchurch supported by their taxes and assured their freedom in practicing any religion if theywished to do so. Eventually, official churches in various states were done away with.

Current references to separation of church and state are often based not on the Constitution buton a statement in a letter written by Thomas Jefferson in 1802 in which he offered, given theconditions of his time, that the church should be separate from the state and that no specificreligion should be supported by the state. Jefferson’s letter was to the Danbury, ConnecticutBaptist Convention and was intended to calm the Baptists’ concern, assuring that the nationalgovernment and congress would not 1) establish a national religion or 2) interfere with the busi-ness or activities of any religious group. The founders of our nation and authors of our Declara-tion did not want government to interfere with religious liberty but agreed on the importance of religion and religious principles for good government and human happiness. The First Amend-

ment protects the free exercise of religion. Nothing in the Constitution exists about the separa-tion of church and state often referred to by people who do not understand the meaning of thewords “establishment of religion.”

In fact, since the writing in the Declaration of a “Creator,” a national recognition of faith in aCreator, in God has continued throughout the history of the United States under the right of thefree exercise of religion guaranteed by the First Amendment of the Constitution. The NorthwestOrdinance of July 1787 included the statement that good government and the happiness of man-kind depend on “religion, morality, and knowledge.” President Washington proclaimed the firstnational Thanksgiving in 1789, the year of his inauguration. Thanksgiving has been an officialnational holiday since 1863 when President Lincoln set the last Thursday of November for thiscelebration. He chose Thursday rather than Sunday or Saturday to encourage all people to join ina national day of thanksgiving and faith separate from sectarian religious beliefs. President

Lincoln also used the words “this nation under God” in his Gettysburg Address in 1863. Congressadded the words “under God” to the Pledge of Allegiance in 1954. The words “In God We Trust”appear on the coins and bills issued by the United States Treasury.

The Bill of Rights

To secure approval of the proposed Constitution, promises were made that a Bill of Rights would beadded to the Constitution to protect people against actions by the national government similar tothe abuses experienced under eighteenth-century British rule. In ratifying the Constitution,



Massachusetts, New York, and Virginia proposed amendments to insure protection of individualrights and liberties, which later became the basis for the Bill of Rights, the first ten amendmentssubmitted to the states by the first Congress and ratified in 1791. Also to encourage approval of the Constitution, the founders and early colonists had to accept the ownership of slaves in thesouthern states, but they expected the practice to be abolished in time because it was not consis-tent with the principles of the Constitution. (The Northwest Ordinance of 1787 limited the spreadof slavery across the country by prohibiting slavery in territory west of the Appalachians controlledby the national government.)

Ratified by the states in 1791, the first ten amendments to the Constitution are known as the Billof Rights because they define clearly the rights of people and the states which the federal govern-ment must respect. For example, the First Amendment assured freedom of religion, speech, thepress, peaceable assembly, and the right to petition government for the redress of grievances.

The Fifth Amendment provided protection against self-incrimination; being deprived of life, lib-erty, or property without due process of law; the taking of private property for public use without

just compensation; excessive bail and fines; and cruel and unusual punishment. Other amend-ments assured the right of the people to keep and bear arms and to a speedy public trial by jury incriminal cases. They also protected people against double jeopardy for the same offense andagainst peacetime quartering of troops without consent. The final amendments emphasized thatthe people retained all rights not specifically granted to the national government. The TenthAmendment in the Bill of Rights makes clear the limits placed on the federal government byproviding that “The powers not delegated to the United States by the Constitution, nor prohibitedby it to the States, are reserved to the States, respectively, or to the people.”

Number 45 in the Federalist papers published to encourage approval of the proposed Constitutionstated, “The powers delegated by the proposed Constitution are few and limited” and “will beexercised principally on external objects, as war, peace, negotiation and foreign commerce.” Italso stated, “The powers reserved to the several states will extend to all the objects which, in theordinary course of affairs, concern the lives, liberty, and properties of the people, and the internalorder, improvement and prosperity of the State.” This Constitutional division of authority placedresponsibility on local and state governments for such matters affecting the public as education,public health, and laws about control of traffic, gambling, and the sale of alcoholic beverages. Forexample, some counties prohibited the sale of liquor.

Conclusion

We seldom give much thought to the importance of our national documents such as the Declara-tion of Independence, the Constitution, and the Bill of Rights in the remarkable progress of thepeople of the United States in two centuries. We as a people would be wise to devote more atten-tion to the key role of the Declaration of Independence, the U. S. Constitution, and our otherimportant national documents in the progress and prosperity of the people of this great nation. Tosecure continuation of the blessings of liberty and progress to ourselves and our posterity, all of usshould improve our knowledge and understanding of the meanings and significances of our na-tional documents and dedicate ourselves to support and defend their basic principles.







★ Entrepreneurs in HistoryEntrepreneurs in HistoryEntrepreneurs in HistoryEntrepreneurs in HistoryEntrepreneurs in History ★

PurposePurposePurposePurposePurposeThe purpose of this lesson is to teach the

philosophical roots of the United States of

America that released the ingenuity of the

individual. The biographies of Vanderbilt,

Carnegie, Hill, and Rockefeller illustrate

the impact of providing freedom of

expression to entrepreneurs, allowing

them to gain or lose economically based on

the response of the market.

Object iveObject iveObject iveObject iveObject iveThe student will identify the contributions

of entrepreneurs from United States

history.

Theme-ProgressTheme-ProgressTheme-ProgressTheme-ProgressTheme-ProgressThe captains of industry were interested in

economic progress for the nation. The

change in industry that occurs over time is

a result of the decisions people make, and

laws can be written to deal with new and

different issues that occur because of the

progress of the nation.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIIc. identify and describe significant historical

periods and patterns of change within and

across cultures....

IIIg. describe and compare how people

create places that reflect culture, human

needs, government policy, and current

values and ideals....

IVd. apply concepts, methods, and theories

FocusFocusFocusFocusFocusWrite the word “entrepreneur” on the board. Ask students to tell what they know about the

word. Have them look it up in the dictionary. List examples of famous contemporary

entrepreneurs and their businesses. Discuss the kinds of entrepreneurs that students might find

in their own communities. Explain to students that entrepreneurial activity has contributed to

the growth and prosperity of the United States throughout its history. In this lesson, students will

learn about important entrepreneurs from the past that have contributed to our growth and

success as a nation. (See Links page on www.americanheritage.org for additional resources on

entreprenuership and important American entreprenuers.)

about the study of human growth and

development....

VIg. evaluate the role of technology...as it

contributes to or helps resolve conflicts.

VIIh. apply economic concepts and reasoning

when evaluating historical and contemporarysocial developments and issues.

VIIIa. identify and describe...current and

historical examples of the interaction and

interdependence of science, technology, and

society....

VIIIb. make judgements about how science

and technology have transformed the physical

world and human society and our

understanding of time, space, place, and

human-environment interactions.

VIIIc. analyze how science and technology

influence the core values, beliefs, and

attitudes of society, and how...values...shape

scientific and technological change.

TimeTimeTimeTimeTime2 class periods

MaterialsMaterialsMaterialsMaterialsMaterials★ Entrepreneurs in History biographies

★ Group Activity instruction sheets

★ Art supplies


PreparationPreparationPreparationPreparationPreparation★ Copy biographies and group instruction

sheets for individual or groups.

★ Gather art supplies.




1. Introduce the biographies to the students. Have students read the biographies either

individually or in groups. Discuss characteristics of entrepreneurs and innovators.

Students may think of additional entrepreneurs in history or in contemporary American lifethat reflect these characteristics. What do students learn from these individuals?

2. Divide students into groups to work, and assign or have students choose the

entrepreneur they will focus on in their project. Distribute the Entrepreneur Group Project

instruction sheets. Read and discuss the instructions with the class and complete the

project accordingly. Students present and answer questions. (See Links page on

www.americanheritage.org for additional resources on entrepreneurs.)

3. Discuss the concepts and value of creativity, innovation, and entrepreneurship. Students

may write in a journal entry or essay their definition and view of one or more of these

concepts and/or how they are a part of the American way of life.

4. Discuss basic principles of American capitalism and market economy. Can any

relationships be identified between the American economic approach and

entrepreneurship and innovation? Between the American economic approach and

democratic ideals? Students may hold a forum to discuss these issues and identified

relationships. Students may write a journal entry response or essay on one of these

issues. (See Links on www.americanheritage.org for additional resources on American

economics.)

ClosureClosureClosureClosureClosureRemind students that entrepreneurial activity is an important part of our history. Entrepreneurspast and present have contributed much to the growth and prosperity of our nation.

AssessmentAssessmentAssessmentAssessmentAssessmentWrite an essay describing characteristics of entrepreneurs from

the past that would still contribute to success in the 21 st century.



Entrepreneur Group Project

1. Read and discuss.Research and read the biography and other resources of your entrepreneur. Discuss interesting

and important information with your group. Define unfamiliar vocabulary and terms. Make a

list of other things you would like to know about the entrepreneur. Develop a resarch plan

and project idea presenting the entrepreneur creatively and informatively, including points or

features of signficance or noteworthiness. Students may choose oneof the four entrepreneurs

in the readings or another important entrepreneur in American history.

2. Choose a format.

Discuss with your group the format for your project. You might create a magazinearticle, a newspaper, a textbook chapter, or something else. As a group, agree on the

format you will use.

3. Assign roles and responsibilities.Decide who will be responsible for each part of the project. Remember to include

research, writing, design, layout, artwork, graphics, editing, and any other aspects

important to your project.

4. Draft design.Do a rough draft of the design. Decide how many pages you will need. Decide where to

place text, titles, pictures, and graphics. Be sure to know who will be responsible foreach part.

5. Gather materials.Gather everything you will need to create your project including any resource materials

and art supplies.

6. Produce final project.Do the actual writing and other work. Each person needs to complete the work that

he or she was assigned. Begin with a rough draft of each section and work through to

the final product. Be sure to check each other’s work.

7. Present to class.Decide how you will present your project to the class. Be sure to include important

and interesting information about the entrepreneur you researched. If the final product

can be copied, you may want to provide copies for the class.



Cornelius VanderbiltThe Monopoly Buster(1794—1877)

Many people know about Robert

Fulton, the man who built andoperated America’s first

steamboat, the Clermont . But do they know

the rest of the story of how Americaconquered the waves? In 1817, a young mannamed Cornelius Vanderbilt piloted thefirst steamboat line to compete withFulton’s. The state of New York hadgranted Fulton an exclusive privilege torun steamboats on the Hudson River, butVanderbilt and hisboss ThomasGibbons thoughtsuch a monopolywas unfair.Eluding the lawfor sixty days,V a n d e r b i l ts p e e d e dpassengers upand down theHudson for faresmuch lower thanFulton’s. As astatement of civildisobedience to the unfair law, he flew a

flag that read “New Jersey Must Be Free.” Thanks to hi s legal cha llenge, the

Supreme Court ruled that the law thatgave Fulton a monopoly wasunconstitutional. Citizens living along theHudson hailed Vanderbilt as a hero, andhe decided to leave his job as a pilot tostart his own steamboat line. Heconstantly researched better designs thatwould allow his boats

to run faster, last longer, and consumeless fuel. As a result, he was able to chargelower rates and attract more passengersthan most of his competitors. In the 1830s

he cut the standard New York to Albanyfare from $3.00 to $1.00, and finally tonothing! He sold meals on his boats andfound he could make a better profit fromfull boats of hungry passengers than hecould by charging for the passage. Alwayslooking for ways to satisfy the customer

better, Vanderbiltactually helpedinvent the potatochip to serve as asnack on his boats.

By the 1840s,b o a t b u i l d i n gtechnology hadimproved so muchthat steamboats hadbecome steamships,many times biggerthan Fulton’sClermont and sturdyenough to cross the

Atlantic. Edward Collins wanted to be the

first American to carry passengers betweenNew York and England entirely understeam power, and he had an idea of howhe might accomplish the difficult (andcostly) feat. He approached Congress withan offer: for $3 million down and $385,000a year, he would build five ships and makebimonthly trips carrying



★ Cornelius VCornelius VCornelius VCornelius VCornelius Vanderbiltanderbiltanderbiltanderbiltanderbilt::::: The Monopoly Buster ★


mail and passengers. This was perhaps theequivalent of a businessman today asking

Congress for a few billion dollars to buildhis own space shuttle. But Congress was notto be outdone by the English government,which was already subsidizing anEnglishman named Cunard to run atransatlantic line. They approved the dealand Collins started building an impressivefleet.

Commodore Vanderbilt watched asCollins built four luxurious steamliners (notthe promised five) and started carryingwealthy passengers to England and back. Henoticed that Collins’ ships were poorly built(though elegant and fabulous to look at) andthat they burned too much coal to beprofitable, even with the governmentsubsidies. In fact, Collins had to plead forbigger subsidies every few years in order tokeep his line afloat.

This situation bothered Vanderbilt.He offered to run his own line to Englandwith less than half of the government moneyCollins was accepting. But Congress did not

want to admit it was wrong about supportingCollins, who lavishly dined and entertainedWashington politicians on several occasions.

The subsidies continued to increase. Finally,Vanderbilt decided to challenge Collinswithout any subsidy at all. To keep costslow he built seaworthy ships that requiredlittle maintenance and sliced through thewaves without as much

fuel. To keep his revenues high, heintroduced low third class fares that even

people of modest income could afford, so hepacked his ships with passengers.

Collins became desperate. Two of hisaccident-prone ships sank, killing almost500 passengers. Congress reluctantly paidhim over a million dollars to build a giganticreplacement. Meanwhile, Vanderbiltcontinued to lower his fares and improve hisservice. When Collins’ poorly constructedship had to be scrapped at a $900,000 lossafter only two trips, Congress finally realized

their mistake. “The whole system was wrong,”said Senator Robert Hunter of Virginia: “itought to have been left, like any other trade,to competition.” They revoked Collins’ aidand left him to compete with Vanderbilt onhis own. Says historian Burton Folsom,“Collins quickly went bankrupt, andVanderbilt became the leading Americansteamship operator.”

With the California Gold Rush in1849, thousands of men headed West andVanderbilt saw a new opportunity. With the

conviction that there was more gold to bemade in steamships than in the hills of California, he set out to establish a new linefrom New York to San Francisco. Congresshad quickly forgotten any lessons that mighthave been learned from the Collins subsidies,and Vanderbilt found himself in competitionwith two heavily subsidized competitors thatcarried passengers and





mail through the Panama Canal. Heslashed his fares to one fourth of thosethat the subsidized lines charged and cut

500 miles off the route by building a canalthrough Nicaragua. Hoping to demonstrateonce and for all the corruption andfoolishness of using the taxpayers’ moneyto fund inefficiententerprises, Vanderbilt wasappalled to learn that thecompetition hadsuccessfully lobbiedCongress for an 80 percentincrease in their subsidy!

The Commodore was

undaunted, even whenpolitical instability inNicaragua forced him toabandon his canal. Heswitched to the longerPanama route and cut hisfares even more aggressively.But when he was offered$672,000 by his competitorsif he would quietly leave theNew York-California route, he

accepted the offer. Thisuncharacteristic move drewcriticism. However, it is likelythat Vanderbilt thought thatthis was the best way toexpose the corruption of thesubsidy system, since thepayment he was offered wasfully three-fourths of whatCongress paid the other lineseach year. Congress endedthe subsidies when it saw the glaring

contrast between Vanderbilt’s efficientservice to consumers and the back-roomdealing the other lines engaged in at thepublic’s expense.

It is also likely that Vanderbilt wasstarting to leave the steamship industryanyway because he saw a new businessfrontier to explore and was preparing a new

stage in his career. Once the Civil Warhad ended, he sold his steamships andbegan to invest in railroads. His business

philosophy remained the same: seek outmarkets that are poorly served by othercompanies and inject new competition byoffering lower rates and better service.

There is litt le doubt that hefound his share of corruptcompetitors, many of whichtested his entrepreneurialskills to their limits.

Vanderbilt investedheavily in the Erie Railroad, runby financiers James Fisk, Daniel

Drew, and Jay Gould, whosemain strategy to keep the lineprofitable was to use politics tokeep competitors at bay.Vanderbilt wanted a differentapproach and he began to buyup stock so that he would havea controlling interest in the Erie.Gould, Fisk, and Drew wouldhave nothing of it andmanipulated the company’sstock to prevent Vanderbilt fromgaining control. They “watereddown” the stock by flooding themarket with new illegitimateshares that Vanderbilt wouldhave to buy up if he wanted thecompany. This practice was, of course, illegal, but they managedto get away with it by pullingstrings in the legislature. Aspecial law was passed thateffectively legalized their action

and stopped Vanderbilt’s “hostile” takeoverof the Erie.

Never one to be daunted by suchtactics, the Commodore took a differentapproach. Buying up several smaller linesand building some new ones, he assembledthe New York Central railroad to competehead





to head with the Erie on the profitable NewYork to Chicago route. Adopting his classictactic of undercutting the competition’s

rates, Vanderbilt forced the Erie to play hisgame. With each successive month theCentral and the Erie announced newrounds of rate cuts. Each line tried tocapture the market for freight andpassengers and to force its competitor torelent. Soon the going rate for shippingcattle from the Chicago stockyards to NewYork had fallen from several dollars perhead to only 25 cents. No matter howefficient they were, neither railroad waslikely to have kept its rates this low for long,

so when the Erie dropped its rate to 10cents a head, Vanderbilt let them believethey had won the price war. What Gouldand company soon learned, though, wasthat Vanderbilt had bought every head of cattle he could get his hands on in Chicagoand shipped them all over the Erie—makingan enormous profit, thanks to the 10 centrate! Although the rates went back upwhen the Erie owners realized they hadbeen outsmarted, they stayed much lowerthan before Vanderbilt’s arrival in themarket, and commerce between New Yorkand Chicago prospered.

Cornelius Vanderbilt was a fearsomecompetitor and a tenacious businessman,but the public at large was always thebeneficiary of his drive to succeed. Earlyin Vanderbilt’s career as a boatman, theNew

York Evening Post dubbed him “thegreatest practical anti-monopolist in thecountry.” This in many respects describes

his entire life as a businessman. If he couldbe said to be “ruthless” (and he was oftenso described) his ruthlessness was onlytoward those who thought to profit throughinefficiency or extortion of the public.Vanderbilt’s wealth was always a rewardfor giving the common man choicespreviously available mainly to thewealthier classes, including opportunitiesto travel to start a new life in a land of opportunity, or simply to find a market forthe fruits of his labor.

Vanderbilt was not a perfect man.His manner was often vulgar and coarseand he mistreated his family, disinheritinghis own son and once committing his wifeto an asylum for a time following anargument. But much can be learned fromhis business integrity and “can-do”persistence, which defined trueentrepreneurship for generations of businesspeople to come. These charactertraits enabled Vanderbilt to become thewealthiest man of his day, accumulatingan estate worth almost $100 million. Inaddition to his service as an entrepreneur,he also set a precedent as a greatphilanthropist in his later years. Amonghis many endowments was one of a milliondollars to establish Vanderbilt University,still one of the finest universities in thecountry.

Additional Readings★★★★★ Croffut, William A. The Vanderbilts and the Story of Their Fortune. Garden City,

N.Y.: Doubleday, 1962.

★★★★★ Folsom, Jr., Burton, W. The Myth of the Robber Barons. Herndon, VA: Young

America’s Foundation, 1991.

★★★★★ Lane, Wheaton J. Commodore Vanderbilt: An Epic of the Steam Age. New York:

Alfred A. Knopf, 1942.



AndrAndrAndrAndrAndrew Carnegieew Carnegieew Carnegieew Carnegieew Carnegie

The Steel King (1835-1919)

When twelve-year-old Andrew

Carnegie stepped off the shipwith his parents onto the

bustling, chaotic streets of New York City in

1848, there was not much to distinguish himfrom the other 150,000 Scottish immigrantswho made the arduous 50-day voyage that

year. Like most of those who came, he andhis family were destitute and weak fromhunger, but they carried a hope of buildinga better life in America. His father, like thefathers of many other Scottish boys his age,was a weaver whose skills with a handloomhad once commanded a respectable income;however, machines could now do the work

of weavers more cheaply.While most of the immigrants of hisgeneration would succeed in findingeconomic opportunity and a better livingstandard in their adopted country, the youngCarnegie would prove himself quite specialin this regard. Where his father saw onlyhopelessness in the changing economy,Andy saw boundless opportunity. By the ageof 28, Carnegie would have an annualincome of over $48,000 (comparable tosomeone making $400,000 a year today). At

retirement in 1901, his holdings in America’slargest steel company, Carnegie Steel, wouldbe valued at about one sixtieth of what theentire population of the United States wouldearn that year, and he would be called “therichest man in the world.”

Andrew Carnegie defined the Americandream: the belief that in an atmosphere of

freedom even the poorest had a chance tosucceed. What accounts for Carnegie’sextraordinary success? Many of thecharacteristics that distinguished him as the

head of Carnegie Steel can be observed inhis teenage years. Within a few weeks of arriving at their destination in Pittsburgh,Pennsylvania, the young Carnegie found a

job as a bobbin boy in a local textile mill for$1.20 a week. “I have made millions since,”Carnegie later wrote, “but none of these gaveme so much happiness as my first week’searnings. I was now a helper of the family, abread winner.” But he was determined todo better. So after a twelve-hour day tendingboilers and oil vats in the mill, Carnegie tooknight classes in bookkeeping.

Soon he found a job as a messenger boyfor a telegraph company—the first of manycareer moves that illustrated Carnegie’sunfailing knack for recognizing new productsor services that would open still greaterpossibilities for him in the future. Thetelegraph was the electronic “nervoussystem” of the new industrial world, muchlike the Internet in today’s economy. In hisrounds delivering telegrams, he made it his

goal to learn about every business inPittsburgh and to know the name and faceof every proprietor. He spent his time in theoffice learning the art of telegraphy. Still a

young teenager, he quickly surpassed theolder operators by becoming one of the firstAmericans to read telegraph code by ear asit came over the line rather than by



★ AndrAndrAndrAndrAndrew Carnegie:ew Carnegie:ew Carnegie:ew Carnegie:ew Carnegie: The Steel King ★continuedcontinuedcontinuedcontinuedcontinued

reading the tape. Bright and observant,Carnegie soon had an encyclopedicknowledge of the commercial affairs of nearlyevery businessman in the city—whosucceeded, who failed, and how it allhappened—since this information passedthrough his hands daily. At the same timehe continued his schooling, studying historyat night and reading the classics on theweekends.

If the telegraph was the nervous systemof the new American economy, its circulatorysystem was the

railroads. Railroadspumped workersand capital fromthe cities to thecountryside whileraw materialscirculated from thecountryside back tothe cities. It wasn’tlong beforeCarnegie wasworking as a

telegraph operatorfor the westerndivision of theP e n n s y l v a n i aRailroad, where hecaught the eye of its superintendent, Tom Scott. One morning,Carnegie arrived early at the office to findthat a derailment had brought all rail trafficto a standstill. Scott had not appeared yet,so the nineteen-year-old operator quickly

sized up the situation and fired off severalorders that got the traffic moving again. Onlythe superintendent was authorized to givesuch orders, so he signed the messages“T.A.S.” When Scott arrived at the office hewas shocked to realize that the young mannot only had mastered the telegraphoperations, but also had a mental blueprintof every track, siding, switch, and station onthe most

sophisticated railroad operation in thecountry. Within a year, Carnegie was

regularly entrusted with the operation of therailroad and was rapidly becomingindispensable to his boss.

Scott taught the young Carnegie someimportant lessons about business andmoney. Businesses in those days weremostly run according to traditions and rulesof thumb. Railroads were far too complexand far-flung to operate on such a basis, asshown by the many railroads that failed inthe early years of the industry. The

Pennsylvania’ssuccess lay in itscare to recordevery revenueand expenditurein minute detailso that businesspractices andp e r f o r m a n c ecould constantlybe evaluated andimproved. Scott

used the data topromote and firesupervisors aswell. Those whofound ways toreduce costs were

rewarded with higher pay and greaterresponsibility, while those who failed to doso were told to find a way to save money orto get a new job. When Carnegie formed hisown company later in life, he was well-knownfor rewarding workers for their productivitywithout regard for their family backgroundor the length of time they had been employedby him. Anyone who was alert, hard working,and creative in dealing with problems hadthe opportunity to excel in this environment.Charles Schwab, a poor but ambitious youngimmigrant who started as a dollar-a-daystake driver in one of Carnegie’s steel mills,became an assistant




to the supervisor in six months, and apartner in the company soon after that.

Carnegie’s time with the Pennsylvania

Railroad taught him another principle thatcontemporaries like Cornelius Vanderbiltand John D. Rockefeller were learning.Profits were made not by charging thehighest price the market would bear, butby keeping prices low and demand high.Whether he was running trains or blastfurnaces, this idea helped him to “run themfull and run them fast” so that he got themost out of his investment. While someentrepreneurs of his day tried to form “pools”to reduce competition andkeep prices high, Carnegietypically foiled their plansby “scooping the market”and stealing theircustomers with his lowprices. He was among thefirst businesses to hirescientists to performresearch and developmentin order to be able to offerthe best products and

services at the lowestprices.Carnegie was not only

an extraordinarybusinessman but was alsoa brilliant capitalist. By1865, when he was offered the position of general superintendent to the entirePennsylvania Railroad system, he hadparlayed his money into investments thatpaid him an annual income many times theamount of his salary with the railroad. He

resigned from the railroad and for a timedevoted his attention to financing otherpeoples’ ventures. Although he wassuccessful at finance, Carnegie wanted tobe making things himself, not merelyprofiting from helping others to make things.

After successful, but short-termexperiments in oil, railroading, bridge-

building, and iron, it was steel that wouldbecome Carnegie’s life—steel for rails, steelfor shipbuilding, and steel for constructing

the new buildings that were reaching for thesky. His tireless attention to cost-cutting andendless innovation made Carnegie Steel aformidable competitor that soon became thelargest steel company in the world. His mottowas “mind the costs and the profits will takecare of themselves.” He expected—andrewarded—creativity in discovering new waysto make better steel with less waste.Employees who proved themselves to beproblem-solvers were not only promoted;

they were made partners inthe company—a practiceunheard of in the corporateAmerica of his day.

Carnegie’s attitudetoward wealth was alsounusual. He rarely allowedCarnegie Steel to paydividends to him or any of theother stockholders, despitethe enormous profits thatwere generated by the

company’s efficiency andcreativity. Instead, theseprofits were plowed back intothe company to buy betterequipment and acquire newfacilities. Carnegie was far

more interested in becoming the beststeelmaker the world had known than to leada life of extravagant leisure. To a large extent,it was his love of the process of makingmoney, not the love of the money itself, whichmade him such a success.

Most surprising to the workers andbusinessman of his day, Carnegie was a vocalchampion of labor rights. In his day, laborunions were widely considered to bedangerous intrusions on the rights of factoryowners. If workers went on strike to demandhigher wages or shorter hours, it




was normal for owners to hire new workersrather than to negotiate with the unions.Carnegie wrote that workers had as much

right to organize as did businessmen, andpublicly objected to the practice of breakingstrikes by hiring new workers. He inventedthe concept of profit sharing as a method of encouraging productivity and maintainingharmony between his own workers and theCarnegie Steel partners. This is not to sayhe was soft in his bargains with labor,however. High wages were reserved for thosewho performed exceptionally—they were nota right that anyone could claim, certainly notby striking or threatening violence as some

workers were doing elsewhere. If workerswent on strike, Carnegie instructed his mento lock the plant down and wait until theworkers were ready to accept a settlementon his own terms. Such a policy toward laborseems harsh by comparison with modernlabor relations, but in the 19 th centuryCarnegie’s willingness to lose hundreds of thousands of dollars during a shutdownrather than hire strikebreakers wasconsidered extraordinary.

Unfortunately, as much as Carnegiewanted to be admired for his enlightenedattitude toward labor, he did not alwaysdemonstrate the courage of his convictions.His idealistic publications and speeches werean embarrassment to many of his partnerswho considered his views to invite more labortrouble. When a strike occurred at theHomestead steelworks, Carnegie wastravelling abroad, and Chairman Henry ClayFrick handled the dispute in his own way.Frick hired 300 armed guards from the

notorious Pinkerton Detective Agency

to help bring in replacement workers— apparently with Carnegie’s support. Whenthe strikers were tipped off about Frick’saction, a violent clash between thePinkertons and the strikers erupted. Threestrikers and seven Pinkertons were killed,and dozens of other guards were savagelybeaten when they tried to enter the factory.

The violence of the strikers dampened publicsympathy for the labor movement, but thegreatest target of public anger was Carnegie,who was viewed as a hypocrite and a moralcoward.

Carnegie was deeply hurt, both by theappalling violence of the fight and by his own

disgrace in the public eye. Only when he tookhis most extraordinary step many years laterdid the public again remember him for hisbenevolence rather than for the Homesteadincident. When Carnegie Steel had reachedthe peak of its success, Carnegie fulfilled apromise he had made many years earlier.He sold his entire controlling interest inCarnegie Steel to financier J. P. Morgan, leftbusiness completely, and occupied himself full-time with philanthropy. Carnegie nevertouched the money he made in the sale of Carnegie Steel. As he had promised, he gaveevery penny of it away to the worthiestcauses he could find. Carnegie built manydozens of university buildings, concert halls,and churches, but free libraries especiallyappealed to his belief in self-improvementand were among the greatest recipients of his generosity. In the end, his fondest hopewas that others would be able to share theAmerican dream—a dream that Carnegiehimself had pioneered.

Additional Readings★★★★★ Hendrick, Burton J. The Life of Andrew Carnegie. New York, 1932.

★★★★★ Livesay, Harold C. Andrew Carnegie and the Rise of Big Business. Glenview, IL: Scott

Foresman and Co., 1975.

★★★★★ Wall, Joseph Frasier. Andrew Carnegie. New York: Oxford University Press, 1970.



James J. HillJames J. HillJames J. HillJames J. HillJames J. Hill

The Empire Builder(1838—1916)

The story of the first

transcontinental railroads isa dramatic tale that is familiar

to many. Two great railroad lines—the UnionPacific building from the East and theCentral Pacific building from California—laidthousands of miles of track, battlingmarauding Indians, brutal weather, ruggedmountains, and each other. Despiteenormous obstacles, the two lines met atPromontory Point, Utah, and celebrated thecompletion of America’s firsttranscontinental railway by driving a goldenrailroad spike. The western frontier openedup as a place for Americans to find newopportunity and led to great economicgrowth in the 20th century.

This story also has a darker, lessnoble side: the notorious graft, corruption,and waste of the Union Pacific and CentralPacific defrauded the public and poisonednational politics for decades to come.Leaders of both companies collected millionsof dollars in government subsidies and landgrants and then constructed elaborateschemes to pour the money into their own

pockets rather than into the operation of therailroads. Despite the fact that federalsubsidies attracted more quick-buck artiststhan good railroad men, many historiansargue that government support wasnecessary if the first transcontinentalrailroad was ever to be built. Corruption

and greed were simply the price of having a“free market” system—and justification foreven more government intervention in the

economy. This argument ignores the fact that

government financing and regulation keptthe first transcontinentals from operating inanything remotely like a free market. Buteven more so, it ignores the history of America’s most successful transcontinentalrailroad and its founder James J. Hill. Hill’sGreat Northern Railroad was constructedwithout the aid of subsidies or land grantsfrom the government, and according tohistorian Burton Folsom, it was “the bestbuilt, the least corrupt, the most popular,and the only transcontinental never to gobankrupt.” How did Hill accomplish withhis own resources what others backed bythe vast power of the federal governmentcould not?

Hill’s story says a great deal abouthow a free market system really works andthe kind of character required to succeed insuch a system. Born in a log cabin inOntario, Canada, and beset by the early

death of his father, the young Jamessupported his mother with a $4.00-a-month job at a grocery store. After losing the use of his right eye in an accident, most would havesaid that his prospects for success wererather bleak, but he was a risk-taker with aknack for creating his own opportunities.



★ James J. Hill:James J. Hill:James J. Hill:James J. Hill:James J. Hill: The Empire Builder ★continuedcontinuedcontinuedcontinuedcontinued

At age 17, he set out to seek hisfortune as a trader and adventurer in the

Orient. At first, his ambitious plan met withpredictable obstacles and he found himself standing with empty pockets on a street inSt. Paul, Minnesota, instead of the deck of aship to Shanghai. So, in St. Paul he took a

job as a shipping clerk and began to learnthe transportation business.

Hill learned to buy and sell goods at aprofit, soon recognizing that finding cheaperways to move them to market allowed himto set attractive prices for customers whiledoing well for himself. With the money he

began to save, Hill invested first in shippingand then in steam ships, but soon it wasthe railroad business that caught hisimagination. Working as an agent for thestruggling St. Paul and Pacific Railroad, hesaw the possibility of fueling train engineswith coal instead of wood. Soon he found apartner to start a successful fuel, freighting,merchandising, and warehouse company.Hill discovered that he had a talent forrecognizing opportunities in the

transportation business.In 1878, he made a fateful leap. Withthe help of some Canadian friends, Hillbought the now bankrupt St. Paul and

Pacific Railroad from a group of Europeanbondholders who were happy to get back

even a fraction of their original investmentin the failed enterprise. Consisting of scarcelyten miles of patched together track, the St.Paul and Pacific had no better chance of reaching its destination in Winnipeg, Canadathan it did of reaching the moon—or sothought the critics, who dubbed it “Hill’sFolly” when they learned of his intention tocomplete it. Undaunted, Hill bought rails,rolling stock, and locomotives with the seedcapital he and his partners had invested. Hehired workers and personally supervised

them much of the time. With Hill drivingthem on, the workers laid more than a mileof track a day, reaching a branch line fromWinnipeg in only a year. Two years of goodharvests and burgeoning immigration fromNorway and Sweden helped the new line toprosper, but Hill had already set his sightson a bigger goal. He took his crews westinto North Dakota with plans to eventuallyreach the pacific coast.

Hill had a three-part business strategy

that set him apart from other railroadbuilders. First, he saw that the success of his business depended on the success of thefarms and towns along his




route. So he actively invested in building

the exports of each new community helinked to his line before moving fartherwest. The Northwest was cold, dry, andbarren—part of what pioneers called theGreat American Desert. Hill was notbuilding his line toward thrivingcommunities with warehouses of grainready to be shipped—he had to help createthese communities with each new lengthof track he laid. So he offered passage toimmigrants for only $10 on theunderstanding that they would settle alonghis route. Then he invested hisown funds to give them everypossible advantage for success.From what he learned onexperimental farms that heestablished, Hill promoted the bestfarming techniques of the day. Healso supplied new settlers with free cattle,seed, and fertilizers. “You are now ourchildren,” Hill would tell them, “but weare in the same boat with you, and we

have got to prosper with you or we havegot to be poor with you.”

The second part of his businessstrategy was a commitment to durabilityand long-run efficiency in everything hedid. He paid extra to import the highestquality Bessemer rails from Europe,knowing that the strongest rails would cutcosts in the long run, resulting in a moreefficient, smooth-running line. Long beforehis line reached the Rocky Mountains, Hillhad men searching the mountains for the

route that would yield the best gradientwith the least curvature. Rediscoveringthe legendary Marias Pass, first describedby the Lewis and Clark expedition in 1805,he cut almost one hundred miles off hisroute through western Montana. Later,Hill’s care in finding the shortest, flattestroute would pay off by cutting the timerequired to ship goods and passengersbetween the coasts.

Finally, a major difference between

Hill’s strategy and that of his competitors tothe south was that Hill refused to seekgovernment aid in building his railroad. TheUnion Pacific, Central Pacific, and NorthernPacific all received millions of dollars incapital from the taxpayers, in addition toenormous grants of public land. Hill paidcash for the right-of-way he used andcriticized those who wanted taxpayers to footthe bill for the land and capital they required.He knew that their attention to politics ratherthan the efficient operation of their railroads

would ultimately be their undoing— and he was right. When a sharpdepression hit the nation in 1893 itwas Hill’s line, now called the GreatNorthern Railway Company, thatbest weathered the economic storm.

The UP, the NP, and the Santa Ferailroads all went bankrupt. Meanwhile,Hill continued to cut his costs and supplythe most competitive rates.

Not only did Hill receive no aid from

the government, but the legislature waseven used as a weapon against him by hisless-scrupulous competitors. The NorthernPacific, a federally funded transcontinentalrun by Henry Villard, had a specialdispensation to pass through Indian land.Hill had no such privilege, and though hewas willing to pay fair market value to theIndians for the right-of-way, he had to seekpermission from Congress first. Villard andothers urged their supporters in Congressto block Hill by denying him the right-of-

way, and succeeded in delaying him severaltimes on this issue. Hill later wrote, “Itreally seems hard, when we look back atwhat we have done in opening the countryand carrying at the lowest rates, that weshould be compelled to fight politicaladventurers.” who have never doneanything but pose and draw a salary.”




Hill never lost his youthful desire

to become a modern-day Marco Polo,fostering trade between the West andexotic East Asia. When the Great Northernfinally reached the west coast of theUnited States, he put his mind to how thismight be done. In 1900, he plowed sixmillion dollars of his earnings from therailroad into the Great NorthernSteamship Company, which establishedroutes between Seattle,

Japan, and Hong Kong.His goal was to sell

midwestern wheat,Southern cotton, and NewEngland textiles in Asia.His “pump-priming”philosophy made himenormously successful.He shipped these productsat drastically reducedrates—sometimes forfree—to convince theChinese and Japanese to

try these unfamiliarWestern products. As aresult of this aggressive marketing, exportsto Japan increased seven fold in only nine

years. Many of the products he carried overhis railroad and steamship lines wereitems that could not possibly have beensold competitively had he not been willingto offer lower rates to encourage thesemarkets.

Unfortunately, Hill’s competitors didnot view this success with the same

appreciation as the farmers and

manufacturers whose businesses

benefitted. Unable to match his efficiencyin the free marketplace, they sought todefeat him again in the political arena.

The Interstate Commerce Commission andthe Sherman Anti-trust Act were laws thathad been enacted to thwart monopolistsand the high rates they were able to imposeon the public. Despite the fact that Hillbuilt his shipping empire by continually

cutting his rates, theselaws were now used toprevent Hill from

offering special rates incertain markets andfrom buying up new linesto add to his railroad.

The ICC forced him togive all shippersanywhere the samespecial discounts hewas offering the Asiansto capture theirbusiness. He could not

afford these discounts,so he eventually sold hisships and almost completely abandonedthe trade with Asia.

Despite these setbacks, by the endof his life James Hill could truly be judgedthe hero in the story of thetranscontinental railroads. His exampledemonstrated a principle that still bearsgreater attention today: that success inbusiness for oneself often requires firstcreating opportunities for others to be

successful. In building America’s best-runrailroad, Hill never lost sight of thisprinciple.

“...successin businessfor oneself

often requiresfirst creatingopportunities

for others to be successful.”

Additional Readings★★★★★ Folsom, Jr., Burton W. The Myth of the Robber Barons. Herndon, VA: Young America’s

Foundation, 1991.

★★★★★ Holbrook, Stewart. James J. Hill: A Great Life in Brief . New York: Alfred A. Knopf, 1955.

★★★★★ Martin, Albro. James J. Hill and the Opening of the Northwest. New York: Oxford University

Press, 1976.





★ John D. Rockefeller:John D. Rockefeller:John D. Rockefeller:John D. Rockefeller:John D. Rockefeller: Champion for Cheap Oil ★continuedcontinuedcontinuedcontinuedcontinued

Refining oil was not without itsfinancial risks. Although the equipment was

not complicated or expensive in the early1860s, the price of the product fluctuatedwildly from less than a penny a gallon to asmuch as 33 cents. When prices were high,new refineries sprung up everywhere, butwhen prices fell, many of these hastilyconstructed operations failed. Rockefellerwas convinced that he and Andrews couldweather these stormy markets by keepingcosts down and eliminating waste. Sincekerosene and lubricants were the mostvaluable products of the distilling process,

many refiners threw away the “waste”products such as gasoline, naphtha, tar andparaffin. On a few occasions the CuyahogaRiver became so polluted with refinery wastethat it ignited and burned for days.Rockefeller and Andrews deplored thisaspect of the business and found ways toturn these wastes into products that couldbe profitably sold.

By 1870, Rockefeller and Andrewshad become the largest refiners in Cleveland.

They took on new partners, reorganized thebusiness, and named it Standard Oil. UnderRockefeller’s leadership, they followed abusiness strategy that focused oncontinually improving the efficiency of turning crude oil into valuable products andservices. As the business became moreprofitable, most of the profits were plowedback into better equipment and personnel.Especially important to Standard were theresearchers who developed three hundreduseful by-products of oil, ranging from paints

and varnishes, to anesthetics.Rockefeller concentrated on finding

ways to cut the cost of producing andmarketing their main product, kerosene.Inventing cheaper ways to make strongbarrels, building machinery that required

less maintenance, or developing a methodto extract a little more kerosene from each

barrel of crude—these were all a regular partof doing business for Rockefeller. Each timeStandard lowered its production costs, itpassed the savings on to consumers in orderto expand its market. This growth, in turn,allowed Standard to take advantage of certain“economies of scale.” The railroads thatshipped the oil, for example, customarilyoffered special rebates to those who madelarge, regular shipments. This practice,which dated back to the earliest days of theoil industry, reflected the fact that large,

predictable shipments were cheaper for therailroads than smaller, less predictable ones.It also reflected the desire by railroaders suchas Cornelius Vanderbilt to attract thebusiness of high-volume shippers. Standardwas the largest shipper and also providedits own loading and unloading services, soVanderbilt extended it the biggest rebates.

Rockefeller’s success has sometimesbeen attributed to the “unfair” advantage hehad over his competitors in shipping hisproduct—an advantage that some historiansargued almost assured him a monopolyposition in his market. Certainly it wasdifficult for many smaller refiners to competewith a company that was able to sell atcontinually lower prices and still make aprofit. Some went out of business and manysold their refineries to Rockefeller and wentto work for Standard, which always paid wellfor talent and hard workers.

The claim that Standard succeededbecause of unfair competition and could, as

one history text put it, “crush any remainingcompetitors at will,” overlooks manyimportant facts, though. In the first place,Rockefeller did not receive the best rates fromthe railroads until after he had alreadybeaten the competition in the efficiency




game, playing on a level field. Secondly,Standard never occupied a position in themarket where an increase of more than a

penny or two in the price of itsproduct couldn’t have turnedthe market over to formidablecompetitors overseas.Standard was only able tomaintain its dominant positionthrough steady improvementsin its product, its service, andits prices.

In the early 1880’s,when Standard had eitherbuilt or bought most of the

refining capacity in thecountry, Rockefeller faced thegreatest challenge of hiscareer. Difficulties seemed tocome from every direction.First of all, the Pennsylvaniaoil fields were running dry, andthe discovery of oil fields on the

Texas Gulf Coast was st il lmany years away. Electricitywas beginning to compete with

kerosene as an illuminant,thanks to the inventions of Thomas Edison. Few at thistime suspected that thegasoline engine would be thepower source of the future. Asif these were not enoughtrouble for Standard, theRussians had discovered therichest oil field in the worldand were beginning to exportit cheaply throughout Europe,

one of Standard’s largestmarkets. So daunting werethese challenges that manypredicted the demise of theAmerican oil industry. Evenloyal officers of Standard started to sell someof their stock in the company.

Rockefeller knew that new oil hadbeen found near Lima, Ohio, but the oilcontained so much sulfur that it stank likerotten eggs, making it completely unusable.

Many chemists had tried topurify the oil, but none hadsucceeded. Nevertheless,Rockefeller staked Standard’sfuture on the Lima fields,buying leases and stockpilingmore than 40 million barrelsof the worthless oil. EvenStandard’s Board of Directorswas skeptical and votedagainst Rockefeller’s proposal

to expand investment in thatregion. Rockefeller replied,“Very well, gentlemen. At myown personal risk, I will putup the money to care for thisproduct: $2 million—$3million, if necessary.” Hiswillingness to risk his ownmoney persuaded the boardto support him, and thesearch for a way to clarify thesour oil went on with feverishintensity.

The secret to clarifyingthe oil was finally uncovered,cries of “Eureka” went up, andthe Lima oil changedovernight from useless sludgeto black gold. But this alonewas not enough to meet theRussian challenge. TheRussian wells in Bakuproduced on average 280

barrels per well per day,compared to the 4.5-barrelaverage of American wells.

The Baku oil was easier torefine and much nearer to theEuropean markets, but

Europe was not the only concern: theenormous natural




advantages possessed by the Russiansraised questions about whether Standard

would even be able to hold on to theAmerican market.

Standard had to watch every costwithout sacrificing the reputation for qualitythat was one of the few advantages they heldover the Russians. Rockefeller’s engineersand scientistsperfected thesteamship oil tanker,invented “cracking”technology to extracteven more usefulproduct from a barrelof crude, andimplemented dozens of c o s t - s a v i n ginnovations. His menstudied the foreignmarkets and spied onthe competition toensure that thequality, price andservice provided by

Standard Oil wasappropriate to localdemands and surpassed what hiscompetitors were offering.

The battle with Russian oil lastedalmost 30 years. Standard finally won thewar by meeting the low prices of the Bakuproduct while providing higher, moreconsistent quality than his less efficientcompetitors could match. Rockefellerreminded his partners that “we are refiningoil for the poor man, and he must have it

cheap and good.” They succeeded

impressively in pushing oil prices down from58 cents to eight cents a gallon. When

Rockefeller entered the scene, burning lampsto read, work or socialize by in the eveningswas a luxury for the rich—working classpeople simply went to bed when it got dark.When Standard reached the peak of itsdominance even the poor could afford the

one cent an hour it cost tolight their homes. It isdoubtful that theautomobile could havebeen much more than anovelty for the upper class

except for Rockefeller’stireless efforts to cut costsand boost efficiency.

R o c k e f e l l e r ’ scontribution to societydidn’t end with hisentrepreneurial genius. Hewas the greatestphilanthropist the worldhad ever known. By thetime of his death at age 98,

Rockefeller had given awayabout $550 million—moremoney than any American before him hadever owned. This generosity wasn’t a traitthat emerged only in his later, wealthier

years, however. Giving had been a way of life for Rockefeller from his very first $2.50paycheck at age 16. Perhaps his greatestlegacy is not his $900,000,000 net worth,but the enormous impact he had on thequality of life experienced by millions of others.

“By the timeof his death

at age 98,Rockefellerhad given away

about $550 million— more money than

any American before him

had ever owned.”

Additional Readings★★★★★ Chernow, Ron. Titan: The Life of John D. Rockefeller, Sr. New York: Random

House, 1998.

★★★★★ Folsom, Jr., Burton W. The Myth of the Robber Barons. Herndon, VA: Young

America’s Foundation, 1991.

★★★★★ Nevins, Allan. Study in Power: John D. Rockefeller . New York: Charles Scribner’s

Sons, 1953.





★ The American’s CreedThe American’s CreedThe American’s CreedThe American’s CreedThe American’s Creed ★

PurposePurposePurposePurposePurposeThe purpose of this lesson is for students

to gain an understanding of the creed

that was written in response to a

contest to provide a summary of thefundamentals of American history and

tradition. The American’s Creed

provides a summary of the freedoms and

history of the nation.

Object iveObject iveObject iveObject iveObject iveThe student will be able to discuss the

elements of American history and

tradition found in the American’s Creed.

Theme-Theme-Theme-Theme-Theme- ResponsibilityResponsibilityResponsibilityResponsibilityResponsibilityCitizens have both personal and civic

responsibilities which need to be

recognized and upheld. The American’s

Creed is a citizen’s statement of his or

her responsibility, care, and service for

our nation.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIVa. articulate personal connections to

time, place, and social/cultural systems.

FocusFocusFocusFocusFocusStudents will gain an understanding of the American’s Creed and the ideas represented within

it. The creed was commissioned as a tool to be used to reinforce the freedoms of the nation

at a time when half of the world was at war. The creed is not an official government

document, but it was created as a gift to the nation by the people of Baltimore, Maryland. (See

Links page on www.americanheritage.org for additional resources on the American’s Creed.)

A c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yStudents divide into four groups, and each group creates a paragraph that represents a brief

summary of American political faith as it is founded upon the fundamentals of American

history and tradition. Students will read, compare, and explain their creed to the other class

members. Ask students to make a comparison between the creed they write and the version

by William Tyler Page.

ClosureClosureClosureClosureClosureStudents can enter into a discussion about the creed and identify an order of importance for

the ideas and principles expressed in it.



democratic republican form of government....



citzens in a democratic republic.Xh. evaluate the degree to which public

policies and citizen behaviors reflect or foster

the stated ideals of a democratic republican

form of government.


Mater ialsMater ialsMater ialsMater ialsMater ials★ The American’s Creed reading ★ Dictionaries

★ Poster paper, tape and glue



★ Arrange a location in the community to

post the posters.



In 1916, when half the world was at war, there were many in America who believed that

citizens should think more about their blessings, privileges, and obligations as Americans.

By 1917, magazines and newspapers from coast to coast were announcing a contest for the

writing of the best national creed, a “brief summary of American political faith . . . founded

upon the fundamentals of American history and tradition.”

In March, the city of Baltimore offered the prize of $1,000 for the winning creed. Every

state in the Union responded. In all, 3,000 entries were submitted. Judges chose a 100

word creed by William Tyler Page compiled from phrases found in American documents and

in the words of American patriots.

The American’s CreedThe American’s CreedThe American’s CreedThe American’s CreedThe American’s Creedby William Tyler Page, 1918

I believe in the United States of America as a government of

the people, by the people, for the people; whose just powers

are derived from the consent of the governed; a democracy in

a republic, a sovereign nation of many sovereign States; a

perfect union one and inseparable; established upon those

principles of freedom, equality, justice, and humanity for

which American patriots sacrificed their lives and fortunes. I

therefore believe it is my duty to my country to love it, to

support its constitution, to obey its laws, to respect its flag,

and to defend it against all enemies.

Appel, David H., ed. An Album for Americans: A Treasury of American Patriotism. New York:

Triangle Publications, Crown Publishers, 1983, pp. 132 and 170.

The American's CreedThe American's CreedThe American's CreedThe American's CreedThe American's Creed



★ The United States FlagThe United States FlagThe United States FlagThe United States FlagThe United States Flag ★

PurposePurposePurposePurposePurposeStudents gain an understanding that the U.

S. flag is both a symbolic representation of

the historical founding of the United States

and a representation of freedoms earnedby its citizens. The U. S. flag is a known

symbol in the world representing our

nation’s freedoms and ideas.

Object iveObject iveObject iveObject iveObject ive1. The student will be able to discuss the

importance and meaning of freedom

represented by the United States Flag.

2. The student will examine and practice

elements of the United States Flag Code.

Theme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomTheme-FreedomThe flag represents the freedom provided

to all citizens of the fifty states. The flag

serves all of the people of the nation as a

common symbol that represents our

collective presence anywhere in the world.

The flag represents the freedoms earned

by citizens through conflict and persuasion.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsVe. describe and examine belief systems

basic to specific traditions and laws in

contemporary and historical movements.

FFFFFocusocusocusocusocusStudents gain an understanding of the rules regulating display of the American flag as it

represents American freedoms. The rules for display of the flag are designed to provide andmaintain a standard of respect for this national symbol and for the people who have died

fighting for the freedoms that it represents. (See Links page on www.americanheritage.org for

additional resources on the U. S. flag.) Have the students brainstorm (make a list) of the top

three symbols of America. Discuss their decisions/choices. Have the class vote on the top three

nominations. (Hopefully the flag will be in the top 3.) Consider the U. S. flag as an American

symbol and why it is so important. (See Links page on www.americanheritage.org for additional

resources on the U. S. flag.)

IXa. explain how language, art, music, belief

systems, and other cultural elements can

facilitate global understanding....


continuing influence of key ideas of the

democratic republican form of government.



citizens ina democratic republic.

Xj. participate in activities to strengthen the

“common good,” based upon careful evaluation

of possible options for citizen action.


Mater ialsMater ialsMater ialsMater ialsMater ials★ The U. S. Flag reading and Flag Code

★ Poster paper, tape, glue, and dictionaries

★ Two or three U.S. flags



★ Find a location in the community where

students can hang their posters.





The flag of the United States is a symbol of our country. To salute the flag andto say the Pledge of Allegiance are ways of showing patriotism. The colors, numberof stars, and number of stripes are all significant because they tell about the history

of the United States and what Americans value. The first flag had thirteen red and white stripes with thirteen white stars on a

field of blue to represent the original thirteen states. When two new states wereadded in 1792, the flag was changed to fifteen stripes and fifteen stars. Since 1818,the flag has had thirteen stripes which represent the original thirteen states, andonly stars have been added for new states. The colors used in the national flag aresignificant. White stands for purity, blue for perseverance, and red for valor.

The United States flag was given the nickname “Old Glory” by William Driver.Driver lived in Tennessee during the Civil War. When Union forces captured thecapitol in Nashville, Driver said, “Thank God, I have lived to raise Old Glory over thecapitol of Tennessee.”

Group Activity

Step 1: Each person in the group will read part of the story above to othermembers of the group.

Step 2: Each person will use a dictionary to write definitions for at least threebold words. Every bold word must be defined by at least one member of the group.

Step 3: When the group is finished defining all the bold words, each student willread aloud their definitions to the others in the group.

Step 4: Discuss as a group why you think purity, valor, and perseverance arequalities that might represent the American people. Also discuss why itis important for citizens to show respect for the flag. Report to the classthe meaning of the number of stars, stripes, and colors of the flag andhow they are symbols of our nation.

TheTheTheTheThe

United StatesUnited StatesUnited StatesUnited StatesUnited StatesFlagFlagFlagFlagFlag



The following document is known as the Federal Flag Code. It prescribes proper display of and

respect for the United States Flag. This code does not impose penalties for misuse of the United

States Flag. Enforcment of the code is left to the states and to the District of Columbia. Each state

has its own flag law. The Federal Flag Code is the guide for all handling and display of the Stars

and Stripes. Here is the code in its entirety:

PUBLIC LAPUBLIC LAPUBLIC LAPUBLIC LAPUBLIC LAW 94-344W 94-344W 94-344W 94-344W 94-344

94th CONGRESS, S. J. Res. 4994th CONGRESS, S. J. Res. 4994th CONGRESS, S. J. Res. 4994th CONGRESS, S. J. Res. 4994th CONGRESS, S. J. Res. 49

July 7, 1976July 7, 1976July 7, 1976July 7, 1976July 7, 1976

JOINT RESOLUTIONJOINT RESOLUTIONJOINT RESOLUTIONJOINT RESOLUTIONJOINT RESOLUTION

To amend the joint resolution entitled “Joint resolution

to codify and emphasize existing rules and customspertaining to the display and use of the flag of the United

States of America.”

Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled ,

That the joint resolution entitled “Joint resolution to

codify and emphasize existing rules and customs

pertaining to the display and use of the flag of the United

States of America,” as amended (36 U.S.C. 171-178), is

amended —

SEC 1 That the following codification of existing rules and customs pertaining to the

display and use of the flag of the United States of America be, and is hereby,

established for the use of such civilians or civilian groups or organizations as may

not be required to conform with regulations promulgated by one or more executive

departments of the Government of the United States. The flag of the United

States for the purpose of this chapter shall be defined according to title 4, United

States Code, Chapter 1, section 1 and section 2 and Executive Order 10834 issued

pursuant thereto.

SEC 2 (a) It is the universal custom to display the flag only from sunrise to sunset on

buildings and on stationary flagstaffs in the open. However, when a patriotic

effect is desired, the flag may be displayed twenty-four hours a day if properly

illuminated during the hours of darkness.

(b ) The flag should be hoisted briskly and lowered ceremoniously.

(c ) The flag should not be displayed on days when the weather is inclement,

except when an all-weather flag is displayed.

Federal Flag CodeFederal Flag CodeFederal Flag CodeFederal Flag CodeFederal Flag CodeSource: Veterans of Foreign Wars Americanism Department



(d ) The flag should be displayed on all days, especially on:

New Year’s Day January 1

Inauguration Day January 20

Lincoln’s Birthday February 12Washington’s Birthday Third Monday in February

Easter Sunday Variable

Mother’s Day Second Sunday in May

Armed Forces Day Third Saturday in May

Memorial Day (half-staff until noon) Last Monday in May

Flag Day June 14

Independence Day July 4

Labor Day First Monday in September

Constitution Day September 17

Columbus Day Second Monday in October

Navy Day October 27

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

and such other days as may be proclaimed by the President of the United

States; the birthdays of States (date of admission); and on State holidays.

(e) The flag should be displayed daily on or near the main administration building

of every public institution.

( f ) The flag should be displayed in or near every polling place on election days.

(g) The flag should be displayed during school days in or near every schoolhouse.

SEC 3 That the flag, when carried in a procession with another flag or flags, should be

either on the marching right; that is, the flag’s own right, or, if there is a line of

other flags, in front of the center of that line.

(a ) The flag should not be displayed on a float in a parade except from a staff, or

as provided in subsection (i).

(b ) The flag should not be draped over the hood, top, sides, or back of a vehicle

or of a railroad train or a boat. When the flag is displayed on a motor car, the

staff should be fixed firmly to the chassis or clamped to the right fender.

(c) No other flag or pennant should be placed above or, if on the same level, to the right

of the flag of the United States of America, except during church services conducted

by naval chaplains at sea, when the church pennant may

Federal Flag CodeFederal Flag CodeFederal Flag CodeFederal Flag CodeFederal Flag Code



be flown above the flag during church services for the personnel of the Navy. (See

Public Law 107, page 4.)

(d ) The flag of the United States of America, when it is displayed with another

flag against a wall from crossed staffs, should be on the right, the flag’s ownright, and its staff should be in front of the staff of the other flag.

(e ) The flag of the United States of America should be at the center and at the

highest point of the group when a number of flags of States or localities or

pennants of societies are grouped and displayed from staffs.

( f ) When flags of States, cities, or localities, or pennants of societies are flown

on the same halyard with the flag of the United States, the latter should

always be at the peak. When the flags are flown from adjacent staffs, the

flag of the United States should be hoisted first and lowered last. No such flag

or pennant may be placed above the flag of the United States or to the UnitedStates Flag’s right.

(g ) When flags of two or more nations are displayed, they are to be flown from

separate staffs of the same height. The flags should be of approximately

equal size. International usage forbids the display of the flag of one nation

above that of another nation in times of peace.

(h) When the flag of the United States is displayed from a staff projecting

horizontally or at an angle from the window sill, balcony, or front of a building,

the union of the flag should be placed at the peak of the staff unless the flag

is at half-staff. When the flag is suspended over a sidewalk from a rope

extending from a house to a pole at the edge of the sidewalk, the flag should

be hoisted out, union first, from the building.

(i ) When displayed either horizontally or vertically against a wall, the union

should be uppermost and to the flag’s own right, that is, to the observer’s

left. When displayed in a window, the flag should be displayed in the same

way, with the union or blue field to the left of the observer in the street.

( j ) When the flag is displayed over the middle of the street, it should be suspended

vertically with the union to the north in an east and west street or to the eastin a north and south street.

(k) When used on a speaker’s platform, the flag, if displayed flat, should be

displayed above and behind the speaker. When displayed from a staff in a

church or public auditorium, the flag of the United States of America should

hold the position of superior prominence, in advance of the audience, and in the

position of honor at the clergyman’s or speaker’s right as he faces the audience.

Any other flag so displayed should be placed on the left of the clergyman or speaker

or the right of the audience.




(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or

monument, but it should never be used as the covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted to the peak for an

instant and then lowered to the half-staff position. The flag should be againraised to the peak before it is lowered for the day. On Memorial Day the flag

should be displayed at half-staff until noon only, then raised to the top of the

staff. By order of the President, the flag shall be flown at half-staff upon the

death of principal figures of the United States Government and the Governor

of a State, territory, or possession, as a mark of respect to their memory. In

the event of the death of other officials or foreign dignitaries, the flag is to be

displayed at half-staff according to Presidential instructions or orders, or in

accordance with recognized customs or practices not inconsistent with law. In

the event of the death of a present or former official of the government of any

State, territory, or possession may proclaim that the National flag shall be

flown at half-staff. The flag shall be flown at half-staff:

• thirty days from the death of the President or a former President

• ten days from the day of death of the Vice-President, the Chief Justice

or a retired Chief Justice of the United States, or the Speaker of the

House of Representatives

• from the day of death until interment of an Associate Justice of the

Supreme Court, a Secretary of an executive or military department, a

former Vice-President, or the Governor of a State, territory, or possession

• on the day of death and the following day for a Member of Congress.

As used in this subsection:

1. the term ‘half-staff’ means the position of the flag when it is one-half

the distance between the top and bottom of the staff;

2. the term ‘executive or military department’ means any agency listed

under sections 101 and 102 of title 5, United States Code; and

3. the term ‘Member of Congress’ means a Senator, a Representative, a

Delegate, or the Resident Commissioner from Puerto Rico.

(n) When the flag is used to cover a casket, it should be so placed that the union is at

the head and over the left shoulder. The flag should not be lowered into the grave

or allowed to touch the ground.

(o) When the flag is suspended across a corridor or lobby in a building with only one

main entrance, it should be suspended vertically with the union of the flag to the

observer’s left upon entering. If the building has more than one main entrance, the

flag should be suspended vertically near the center of the corridor or lobby with the

union to the north, when entrances are to the east




and west or the east when entrances are to the north and south. If there are entrances

in more than two directions, the union should be to the east.

SEC 4 That no disrespect should be shown to the flag of the United States of America,

the flag should not be dipped to any person or thing. Regimental colors, Stateflags, and organization or institution flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down, except as a signal of

dire distress in instances of extreme danger to life or property.

(b ) The flag should never touch anything beneath it, such as the ground, the

floor, water, or merchandise.

(c ) The flag should never be carried flat or horizontally, but always aloft and

free.

(d ) The flag should never be used as wearing apparel, bedding, or drapery. It

should never be festooned, drawn back, nor up, in folds, but always allowed

to fall free. Bunting of blue, white,and red, always arranged with the blue

above, the white in the middle, and the red below, should be used for covering

a speaker’s desk, draping the front of the platform, and for decoration in

general.

(e) The flag should never be fastened, displayed, used, or stored in such a manner

as to permit it to be easily torn, soiled, or damaged in any way.

( f ) The flag should never be used as a covering for a ceiling.

(g) The flag should never have placed upon it, nor on any part of it, nor attached

to it any mark, insignia, letter, word, figure, design, picture, or drawing of

any nature.

(h ) The flag should never be used as a receptacle for receiving, holding, carrying

or delivering anything.

(i ) The flag should never be used for advertising purposes in any manner

whatsoever. It should not be embroidered on such articles as cushions orhandkerchiefs and the like, printed or otherwise impressed on paper napkins

or boxes or anything that is designed for temporary use and discard. Advertising

signs should not be fastened to a staff or halyard from which the flag is flown.

(j) No part of the flag should ever be used as a costume or athletic uniform. However,

a flag patch may be affixed to the uniform of military personnel, firemen, policemen,

and members of patriotic organizations. The flag represents a living country and is

itself considered a living thing. Therefore the lapel flag pin being a replica, should

be worn on the left lapel near the heart.




(k) The flag, when it is in such condition that it is no longer a fitting emblem for display,

should be destroyed in a dignified way, preferably by burning.

SEC 5 During the ceremony of hoisting or lowering the flag or when the flag is passing in

a parade or in review, all persons present except those in uniform should face theflag and stand at attention with the right hand over the heart. Those present in

uniform should render the military salute. When not in uniform, men should remove

their headdress with their right hand and hold it at the left shoulder, the hand

being over the heart. Aliens should stand at attention. The salute to the flag in a

moving column should be rendered at the moment the flag passes.

SEC 6 During rendition of the national anthem when the flag is displayed, all present

except those in uniform should stand at attention facing the flag with the right

hand over the heart. Men not in uniform should remove their headdress with their

right hand and hold it at the left shoulder, the hand being over the heart. Personsin uniform should render the military salute at the first note of the anthem and

retain this position until the last note. When the flag is not displayed, those

present should face toward the music and act in the same manner they would if

the flag were displayed there.

SEC 7 The Pledge of Allegiance to the Flag:

“I pledge allegiance to the Flag of the United States of America, and to

the Republic for which it stands, one Nation under God, indivisible, with

liberty and justice for all,”

should be rendered by standing at attention facing the flag with the right hand

over the heart. When not in uniform men should remove their headdress with

their right hand and hold it at the left shoulder, the hand being over the heart.

Persons in uniform should remain silent, face the flag and render the military

salute.

SEC 8 Any rule or custom pertaining to the display of the flag of the United States of

America, set forth herein, may be altered, modified, or repealed, or additional

rules with respect thereto may be prescribed, by the Commander-in-Chief of the

Armed Forces of the United States, whenever he deems it to be appropriate or

desirable, and any such alteration or additional rule shall be set forth in a

proclamation.






★ Religious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public Schools ★

PurposePurposePurposePurposePurposeStudents will gain an understanding that

religious expression is a historical factor in

the founding of the United States. The

tolerance of religious expression is known

around the world as a key element in thefounding freedoms and ideas of our

nation.

Object iveObject iveObject iveObject iveObject ive1. The student will discuss the importance

and meaning of religious freedom as

represented in the letter and guidelines

provided by the U. S. Department of

Education.

2. The student will evaluate the impact

of the 1995 letter on Religious Expression

in Public Schools and the legal guidelines

provided by the U. S. Department of

Education.

Theme-UnityTheme-UnityTheme-UnityTheme-UnityTheme-UnityReligious freedom was one of the major

forces that drew people to America in

the colonial period. The principle of

tolerance in religious expression exists in

all areas of society including the public

schools. The nation was unified in its

beginning to allow religious expression in

all areas of society consistent with the

First Amendment.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIe. demonstrate the value of cultural

diversity, as well as cohesion, within and

across groups.

IVf. analyze the role of perceptions,

attitudes, values, and beliefs in the

FFFFFocusocusocusocusocusAsk students to complete the “Know” and “Want to Know” sections on the KWL Chart in considering

the issue of religious expression in public schools. Students should respond to the issues of: teaching

about religion, official neutrality regarding religious activity, graduation prayer, student dress, and

other issues where they have a knowledge base.

development of personal identity.

Ve. describe and examine belief systems

basic to specific traditions and laws in

contemporary and historical movements.


institutions meet individual needs andpromote the common good in contemporary

and historical settings.

Xb. identify analyze, interpret, and evaluate

sources and examples of citizens’ rights and

responsibilities.

Xh. evaluate the degree to which public

policies and citizen behaviors rflect or foster

the stated ideals of a democratic republican

form of government.

Xj. participate in activities to strengthen the

“common good,” based upon careful

evaluation of possible options for citizen

action.


MaterialsMaterialsMaterialsMaterialsMaterials★ Riley Letter and “Legal guidelines” from

the U. S. Secretary of Education

★ Religious Freedom Day proclamation

★ Paige Letter and “Guidance on Protected

Prayer in Schools”

★ Dictionaries

★ Poster paper, tape, and glue

★ KWL Charts



★ Find a location in the community where

students can hang posters.



Students are to gain an understanding of the voluntary guidelines that regulate religious expression

in public schools. The guidelines represent one method that government has used to communicate

the impact of the First Amendment of the Constitution on the issue of religious expression in public

schools. (See Links page on www.americanheritage.org for additional resources on the First

Amendment and religious expression in public schools.)


1. A. Students divide into pairs or small groups. Each pair takes one of the sections of the letter

from Secretary Riley, “Legal Guidelines on Religious Expression in Public Schools,” the letter from

Secretary Paige, and the document “Guidance on Constitutionally Protected Prayer in Public Elementary

and Secondary Schools” to read and explain to the other class members.

B. Students in small groups then take sections of the “Legal Guidelines” and the “Guidance on

Constitutionally Protected Prayer” to read, analyze, and explain. Ask students to summarize in writing

in their own words the main points and meaning of the sections they selected or were assigned to

analyze. How and why are these guidelines signficant? What do they mean for students and public

schools? Students share their analyses with the class.

2. Students can perform additional research on religious expression and prayer in public schools and

report their findings. Students may also consider related court cases and discuss or debate various

circumstances. What examples, court cases, experiences, events, or other associations come to

mind?

3. Students write one or more journal entries or reflective essays related to their personal thoughts,

feelings, experiences, comments, and insights related to the department of education documents.

Do they or someone they know have personal experiences relating to some of the issues and rights

being examined?

4. Students make a poster size drawing, collage, chart, cartoon, or other visual aid that represents

sections of one or both of the department of education documents they were assigned to learn or the

whole document. The pairs or groups can explain to the class their section of the religious expression

guidelines, share their posters, and then hang their posters around the class, building, or community.

5. Students read about and research Religious Freedom Day and consider what it means for religious

freedom as expressed by students in public school. Students write a reflection journal entry or essay

on this or a related issue such as how it affects them individually or as a whole school, what it means

to them, and why it is important. How does this tie in or relate to the department of education

documents and the issues and rights it addresses.

6. Students can enter into a discussion to create campus guidelines based on the Education

Department’s religious expression guidelines as they are evidenced or considered in the context of

their school and classrooms. These guidelines could be written on a poster or on letterhead, signed

by the students, and presented to a campus administrator in a formal forum in the class.

ClosureClosureClosureClosureClosureStudents complete the “Learned” section of the KWL chart, thinking about the new insights, issues,

facts, etc. they have gained from readings, research, discussion, and projects.

Religious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public SchoolsReligious Expression in Public Schoolscontinued



W h a t I K n o w

W h a t I W a n t t o K n o w

W h a t I L e a r

n e d

K - W

- L C h a r t



RRRRReligious Feligious Feligious Feligious Feligious Frrrrreedom Daeedom Daeedom Daeedom Daeedom Da y y y y y

JanuarJanuarJanuarJanuarJanuar y 1 y 1 y 1 y 1 y 16t6t6t6t6thhhhh

In 1993, President George H. W. Bush with Congress designated January 16th as National

Religious Freedom Day, recognizing the First Amendment right of the Bill of Rights that provides

for the American’s freedom to believe and worship as he or she wishes. Presidents Clinton and

George W. Bush have also recognized and proclaimed Religious Freedom Day throughout their

presidencies. In his 2002 proclamation, President George W. Bush states:

“Religious freedom is a cornerstone of our Republic, a core principle of our

Constitution, and a fundamental human right. Many of those who first settled in

America, such as Pilgrims, came for the freedom of worship and belief that this new

land promised. ...Our Founders constitutionally limited our Federal Government’s

capacity to interfere with religious belief by prohibiting the Congress from passing any

law ‘respecting an establishment of religion, or prohibiting the free exercise thereof.’

These constitutional limits have allowed the flourishing of faith across our country,which greatly blesses our land....

...I urge all Americans to observe this day by asking for the blessing and protection of

Almighty God for our Nation, and to engage in appropriate ceremonies and activities in

their homes, schools, and places of worship as a sign of our resolve to protect and

preserve our religious freedom.”

President George W. Bush

Proclamation of Religious Freedom Day

January 16, 2002

www.whitehouse.gov

In 1992, President H. W. Bush also designated Human Rights Day, Bill of Rights Day, and

Human Rights week. Find out when these days are!

Additional Reading:Additional Reading:Additional Reading:Additional Reading:Additional Reading:

“Religion and the Public Schools: State of Freedom or Fear?”

Family Research Council

www.frc.org

Issue No.: 245by: Miriam Moore & Crystal Roberts

May 2, 2006

The paper summarizes student religious rights, including rights under the U.S. Constitution and the

Equal Access Act of 1984. It also answers frequently asked questions regarding student religious

rights, such as whether students are allowed to share their faith with classmates, wear religious

articles, or pray during school hours or at a graduation ceremony. The paper also discusses released

time education, celebration of religious holidays in schools, and teaching about religion.



U. S. Department of EducationU. S. Department of EducationU. S. Department of EducationU. S. Department of EducationU. S. Department of Education

Letters & Guidelines on Religious ExpressionLetters & Guidelines on Religious ExpressionLetters & Guidelines on Religious ExpressionLetters & Guidelines on Religious ExpressionLetters & Guidelines on Religious Expressionwww.ed.gov

In 1995, President William Clinton directed U. S. Secretary of Education Richard Riley, in consultation

with the Attorney General, to provide public school districts in America with guidelines on the extent to

which religious expression and activity are allowed in public schools, so as to end confusion on the issue.The guidelines were revised in 1998. In 2003, U. S. Secretary of Education Rod Paige, under President

Bush, updated the guidelines by outlining specific occasions when prayer in public school is protected.

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“...Schools do more than train children’s minds. They also help to nurture their souls by

reinforcing the values they learn at home and in their communities. I believe that one of

the best ways we can help out schools to do this is by supporting students’ rights tovoluntarily practice their religious beliefs, including prayer in schools.... For more than

200 years, the First Amendment has protected our religious freedom and allowed many

faiths to flourish in our homes, in our work place, and in our schools. Clearly understood

and sensibly applied, it works.”

President Clinton

May 30, 1998

Dear American Educator,

Almost three years ago, President Clinton directed me, as U.S. Secretary of Education, in consultationwith the Attorney General, to provide every public school district in America with a statement of prin-

ciples addressing the extent to which religious expression and activity are permitted in our public schools.

In accordance with the President’s directive, I sent every school superintendent in the country guide-

lines on Religious Expression in Public Schools in August of 1995.

The purpose of promulgating these presidential guidelines was to end much of the confusion regard-

ing religious expression in our nation’s public schools that had developed over more than thirty

years since the U.S. Supreme Court decision in 1962 regarding state sponsored school prayer. I

believe that these guidelines have helped school officials, teachers, students, and parents find a

new common ground on the important issue of religious freedom consistent with constitutional

requirements.

In July of 1996, for example, the Saint Louis School Board adopted a district wide policy using these

guidelines. While the school district had previously allowed certain religious activities, it had never

spelled them out before, resulting in a lawsuit over the right of a student to pray before lunch in the

cafeteria. The creation of a clearly defined policy using the guidelines allowed the school board and the

family of the student to arrive at a mutually satisfactory settlement.

In a case decided last year in a United States District Court in Alabama (Chandler v. James) involving

student initiated prayer at school related events, the court instructed the DeKalb County School District

to maintain for circulation in the library of each school a copy of the presidential guidelines.





The statement of principles set forth below derives from the First Amendment. Implementation of

these principles, of course, will depend on specific factual contexts and will require careful consid-

eration in particular cases.

In issuing these revised guidelines I encourage every school district to make sure that principals,

teachers, students, and parents are familiar with their content. To that end I offer three sugges-

tions:

First, school districts should use these guidelines to revise or develop their own district wide policy

regarding religious expression. In developing such a policy, school officials can engage parents,

teachers, the various faith communities, and the broader community in a positive dialogue to define

a common ground that gives all parties the assurance that when questions do arise regarding reli-

gious expression the community is well prepared to apply these guidelines to specific cases. The

Davis County School District in Farmington, Utah, is an example of a school district that has taken

the affirmative step of developing such a policy.

At a time of increasing religious diversity in our country such a proactive step can help school

districts create a framework of civility that reaffirms and strengthens the community consensus

regarding religious liberty. School districts that do not make the effort to develop their own policy

may find themselves unprepared for the intensity of the debate that can engage a community when

positions harden around a live controversy involving religious expression in public schools.

Second, I encourage principals and administrators to take the additional step of making sure that

teachers, so often on the front line of any dispute regarding religious expression, are fully informed

about the guidelines. The Gwinnett County School system in Georgia, for example, begins every

school year with workshops for teachers that include the distribution of these presidential guide-lines. Our nation’s schools of education can also do their part by ensuring that prospective teachers

are knowledgeable about religious expression in the classroom.

Third, I encourage schools to actively take steps to inform parents and students about religious

expression in school using these guidelines. The Carter County School District in Elizabethton,

Tennessee, included the subject of religious expression in a character education program that it

developed in the fall of 1997. This effort included sending home to every parent a copy of the

“Parent’s Guide to Religion in the Public Schools.”

Help is available for those school districts that seek to develop policies on religious expression. I

have enclosed a list of associations and groups that can provide information to school districts and

parents who seek to learn more about religious expression in our nation’s public schools.

In addition, citizens can turn to the U.S. Department of Education web site (http://www.ed.gov) for

information about the guidelines and other activities of the Department that support the growing

effort of educators and religious communities to support the education of our nation’s children.

Finally, I encourage teachers and principals to see the First Amendment as something more than a

piece of dry, old parchment locked away in the national attic gathering dust. It is a vital living




principle, a call to action, and a demand that each generation reaffirm its connection to the basic

idea that is America--that we are a free people who protect our freedoms by respecting the freedom

of others who differ from us.

Our history as a nation reflects the history of the Puritan, the Quaker, the Baptist, the Catholic, the

Jew, and many others fleeing persecution to find religious freedom in America. The United States

remains the most successful experiment in religious freedom that the world has ever known because

the First Amendment uniquely balances freedom of private religious belief and expression with

freedom from state-imposed religious expression.

Public schools can neither foster religion nor preclude it. Our public schools must treat religion

with fairness and respect and vigorously protect religious expression as well as the freedom of

conscience of all other students. In so doing our public schools reaffirm the First Amendment and

enrich the lives of their students.

I encourage you to share this information widely and in the most appropriate manner with your

school community. Please accept my sincere thanks for your continuing work on behalf of all of

America’s children.

Sincerely,

Richard W. Riley

U. S. Secretary of Education




UNITED SUNITED SUNITED SUNITED SUNITED STTTTTAAAAATES DEPTES DEPTES DEPTES DEPTES DEPARARARARARTMENT OF EDUCTMENT OF EDUCTMENT OF EDUCTMENT OF EDUCTMENT OF EDUCAAAAATIONTIONTIONTIONTION

LEGAL GUIDELINES ONLEGAL GUIDELINES ONLEGAL GUIDELINES ONLEGAL GUIDELINES ONLEGAL GUIDELINES ON

RELIGIOUS EXPRESSION IN PUBLIC SCHOOLSRELIGIOUS EXPRESSION IN PUBLIC SCHOOLSRELIGIOUS EXPRESSION IN PUBLIC SCHOOLSRELIGIOUS EXPRESSION IN PUBLIC SCHOOLSRELIGIOUS EXPRESSION IN PUBLIC SCHOOLSwww.ed.gov

Student prayer and religious discussion Student prayer and religious discussion Student prayer and religious discussion Student prayer and religious discussion Student prayer and religious discussion::::: The Establishment Clause of the First Amendment

does not prohibit purely private religious speech by students. Students therefore have the same right to

engage in individual or group prayer and religious discussion during the school day as they do to engage

in other comparable activity. For example, students may read their Bibles or other scriptures, say grace

before meals, and pray before tests to the same extent that they may engage in comparable nondisruptive

activities. Local school authorities possess substantial discretion to impose rules of order and other

pedagogical restrictions on student activities, but they may not structure or administer such rules to

discriminate against religious activity or speech.

Generally, students may pray in a nondisruptive manner when not engaged in school activities or

instruction, and subject to the rules that normally pertain in the applicable setting. Specifically,

students in informal settings, such as cafeterias and hallways, may pray and discuss their religious

views with each other, subject to the same rules of order as apply to other student activities and

speech. Students may also speak to, and attempt to persuade, their peers about religious topics

just as they do with regard to political topics. School officials, however, should intercede to stop

student speech that constitutes harassment aimed at a student or a group of students.

Students may also participate in before or after school events with religious content, such as “see

you at the flag pole” gatherings, on the same terms as they may participate in other noncurriculum

activities on school premises. School officials may neither discourage nor encourage participation in

such an event.

The right to engage in voluntary prayer or religious discussion free from discrimination does not

include the right to have a captive audience listen, or to compel other students to participate.

Teachers and school administrators should ensure that no student is in any way coerced to partici-

pate in religious activity.

Graduation prayer and baccalaureatesGraduation prayer and baccalaureatesGraduation prayer and baccalaureatesGraduation prayer and baccalaureatesGraduation prayer and baccalaureates ::::: Under current Supreme Court decisions, school

officials may not mandate or organize prayer at graduation, nor organize religious baccalaureate

ceremonies. If a school generally opens its facilities to private groups, it must make its facilities

available on the same terms to organizers of privately sponsored religious baccalaureate services. A

school may not extend preferential treatment to baccalaureate ceremonies and may in some in-

stances be obliged to disclaim official endorsement of such ceremonies.

OfOfOfOfOfficial neutrality regarding religious activityficial neutrality regarding religious activityficial neutrality regarding religious activityficial neutrality regarding religious activityficial neutrality regarding religious activity ::::: Teachers and school administra-

tors, when acting in those capacities, are representatives of the state and are prohibited by the

establishment clause from soliciting or encouraging religious activity, and from participating in such

activity with students. Teachers and administrators also are prohibited from discouraging activity

because of its religious content, and from soliciting or encouraging antireligious activity.



TTTTTeaceaceaceaceaching about religionhing about religionhing about religionhing about religionhing about religion::::: Public schools may not provide religious instruction, but they may teach

aboutaboutaboutaboutabout religion, including the Bible or other scripture: the history of religion, comparative religion, the

Bible (or other scripture)-as-literature, and the role of religion in the history of the United States and

other countries all are permissible public school subjects. Similarly, it is permissible to consider religiousinfluences on art, music, literature, and social studies. Although public schools may teach about reli-

gious holidays, including their religious aspects, and may celebrate the secular aspects of holidays,

schools may not observe holidays as religious events or promote such observance by students.

Student assignments Student assignments Student assignments Student assignments Student assignments ::::: Students may express their beliefs about religion in the form of home-

work, artwork, and other written and oral assignments free of discrimination based on the religious

content of their submissions. Such home and classroom work should be judged by ordinary aca-

demic standards of substance and relevance, and against other legitimate pedagogical concerns

identified by the school.

Religious literatureReligious literatureReligious literatureReligious literatureReligious literature::::: Students have a right to distribute religious literature to their school-mates on the same terms as they are permitted to distribute other literature that is unrelated to

school curriculum or activities. Schools may impose the same reasonable time, place, and manner

or other constitutional restrictions on distribution of religious literature as they do on nonschool

literature generally, but they may not single out religious literature for special regulation.

Religious excusalsReligious excusalsReligious excusalsReligious excusalsReligious excusals::::: Subject to applicable State laws, schools enjoy substantial discretion to

excuse individual students from lessons that are objectionable to the student or the students’

parents on religious or other conscientious grounds. However, students generally do not have a

Federal right to be excused from lessons that may be inconsistent with their religious beliefs or

practices. School officials may neither encourage nor discourage students from availing themselves

of an excusal option.

Released timeReleased timeReleased timeReleased timeReleased time::::: Subject to applicable State laws, schools have the discretion to dismiss students

to off-premises religious instruction, provided that schools do not encourage or discourage partici-

pation or penalize those who do not attend. Schools may not allow religious instruction by outsiders

on school premises during the school day.

TTTTTeaceaceaceaceaching vhing vhing vhing vhing valuesaluesaluesaluesalues::::: Though schools must be neutral with respect to religion, they may play an

active role with respect to teaching civic values and virtue, and the moral code that holds us

together as a community. The fact that some of these values are held also by religions does not

make it unlawful to teach them in school.

Student garb Student garb Student garb Student garb Student garb::::: Schools enjoy substantial discretion in adopting policies relating to student dress

and school uniforms. Students generally have no Federal right to be exempted from religiously-

neutral and generally applicable school dress rules based on their religious beliefs or practices;

however, schools may not single out religious attire in general, or attire of a particular religion, for

prohibition or regulation. Students may display religious messages on items of clothing to the same

extent that they are permitted to display other comparable messages. Religious messages may not

be singled out for suppression, but rather are subject to the same rules as generally apply

to comparable messages.




LeLeLeLeLetttttttttter on Conser on Conser on Conser on Conser on Constitutionalltitutionalltitutionalltitutionalltitutionall y Pr y Pr y Pr y Pr y Proooootttttectectectectected Pred Pred Pred Pred Praaaaa y y y y y er iner iner iner iner in

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UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

February 7, 2003

Dear Colleague:

As part of the implementation of the No Child Left Behind Act of 2001 (NCLB), I am issuing guidance

today on constitutionally protected prayer in public elementary and secondary schools. The purpose of

this guidance is to provide State educational agencies (SEAs), local educational agencies (LEAs) and

the public with information on this important topic. The guidance also sets forth and explains the

responsibilities of SEAs and LEAs with respect to this aspect of the NCLB Act. Most significantly, as a

condition of receiving funds under the Elementary and Secondary Education Act (ESEA), an LEA must

certify in writing to its SEA that it has no policy that prevents, or otherwise denies participation in,

constitutionally protected prayer in public schools as set forth in this guidance.

The guidance clarifies the rights of students to pray in public schools. As stated in the guidance,

“...the First Amendment forbids religious activity that is sponsored by the government but protects

religious activity that is initiated by private individuals” such as students. Therefore, “[a]mong other

things, students may read their Bibles or other scriptures, say grace before meals, and pray or study

religious materials with fellow students during recess, the lunch hour, or other noninstructional time tothe same extent that they may engage in nonreligious activities.” Public schools should not be hostile

to the religious rights of their students and their families.

At the same time, school officials may not “compel students to participate in prayer or other religious

activities.” Nor may teachers, school administrators and other school employees, when acting in their

official capacities as representatives of the state, encourage or discourage prayer, or participate in

such activities with students.

In these challenging times, it is more important than ever to recognize the freedoms we have. I hope

that this guidance can contribute to a common understanding of the meaning of the First Amendment

in the public school setting. I encourage you to distribute this guidance widely in your community and

to discuss its contents and importance with school administrators, teachers, parents, and students.

Sincerely,

Rod Paige

U. S. Secretary of Education



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February 7, 2003

IntroductionIntroductionIntroductionIntroductionIntroduction

Section 9524 of the Elementary and Secondary Education Act (“ESEA”) of 1965, as amended by the

No Child Left Behind Act of 2001, requires the Secretary to issue guidance on constitutionally pro-

tected prayer in public elementary and secondary schools. In addition, Section 9524 requires that, as

a condition of receiving ESEA funds, a local educational agency (“LEA”) must certify in writing to its

State educational agency (“SEA”) that it has no policy that prevents, or otherwise denies participation

in, constitutionally protected prayer in public schools as set forth in this guidance.

The purpose of this guidance is to provide SEAs, LEAs, and the public with information on the current

state of the law concerning constitutionally protected prayer in the public schools, and thus to clarify

the extent to which prayer in public schools is legally protected. This guidance also sets forth the

responsibilities of SEAs and LEAs with respect to Section 9524 of the ESEA. As required by the Act,

this guidance has been jointly approved by the Office of the General Counsel in the Department of

Education and the Office of Legal Counsel in the Department of Justice as reflecting the current state

of the law. It will be made available on the Internet through the Department of Education’s web site

(www.ed.gov). The guidance will be updated on a biennial basis, beginning in September 2004, and

provided to SEAs, LEAs, and the public.

The Section 9524 Certification ProcessThe Section 9524 Certification ProcessThe Section 9524 Certification ProcessThe Section 9524 Certification ProcessThe Section 9524 Certification Process

In order to receive funds under the ESEA, an LEA must certify in writing to its SEA that no policy of theLEA prevents, or otherwise denies participation in, constitutionally protected prayer in public elemen-

tary and secondary schools as set forth in this guidance. An LEA must provide this certification to the

SEA by October 1, 2002, and by October 1 of each subsequent year during which the LEA participates

in an ESEA program. However, as a transitional matter, given the timing of this guidance, the initial

certification must be provided by an LEA to the SEA by March 15, 2003.

The SEA should establish a process by which LEAs may provide the necessary certification. There is no

specific Federal form that an LEA must use in providing this certification to its SEA. The certification

may be provided as part of the application process for ESEA programs, or separately, and in whatever

form the SEA finds most appropriate, as long as the certification is in writing and clearly states that

the LEA has no policy that prevents, or otherwise denies participation in, constitutionally protected

prayer in public elementary and secondary schools as set forth in this guidance.

By November 1 of each year, starting in 2002, the SEA must send to the Secretary a list of those

LEAs that have not filed the required certification or against which complaints have been made to the

SEA that the LEA is not in compliance with this guidance. However, as a transitional matter, given the

timing of this guidance, the list otherwise due November 1, 2002, must be sent to the Secretary by

April 15, 2003. This list should be sent to:



Office of Elementary and Secondary Education

Attention: Jeanette Lim

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, D.C. 20202

The SEA’s submission should describe what investigation or enforcement action the SEA has initiated

with respect to each listed LEA and the status of the investigation or action. The SEA should not sendthe LEA certifications to the Secretary, but should maintain these records in accordance with its usual

records retention policy.

Enforcement of Section 9524Enforcement of Section 9524Enforcement of Section 9524Enforcement of Section 9524Enforcement of Section 9524

LEAs are required to file the certification as a condition of receiving funds under the ESEA. If an LEA

fails to file the required certification, or files it in bad faith, the SEA should ensure compliance in

accordance with its regular enforcement procedures. The Secretary considers an LEA to have filed a

certification in bad faith if the LEA files the certification even though it has a policy that prevents, or

otherwise denies participation in, constitutionally protected prayer in public elementary and secondary

schools as set forth in this guidance.

The General Education Provisions Act (“GEPA”) authorizes the Secretary to bring enforcement actions

against recipients of Federal education funds that are not in compliance with the law. Such measures

may include withholding funds until the recipient comes into compliance. Section 9524 provides the

Secretary with specific authority to issue and enforce orders with respect to an LEA that fails to

provide the required certification to its SEA or files the certification in bad faith.

Overview of Governing Constitutional PrinciplesOverview of Governing Constitutional PrinciplesOverview of Governing Constitutional PrinciplesOverview of Governing Constitutional PrinciplesOverview of Governing Constitutional Principles

The relationship between religion and government in the United States is governed by the FirstAmendment to the Constitution, which both prevents the government from establishing religion and

protects privately initiated religious expression and activities from government interference and

discrimination. [ 1 ] The First Amendment thus establishes certain limits on the conduct of public school

officials as it relates to religious activity, including prayer.

The legal rules that govern the issue of constitutionally protected prayer in the public schools are

similar to those that govern religious expression generally. Thus, in discussing the operation of Section

9524 of the ESEA, this guidance sometimes speaks in terms of “religious expression.” There are a

variety of issues relating to religion in the public schools, however, that this guidance is not intended

to address.

The Supreme Court has repeatedly held that the First Amendment requires public school officials tobe neutral in their treatment of religion, showing neither favoritism toward nor hostility against reli-

gious expression such as prayer. [ 2 ] Accordingly, the First Amendment forbids religious activity that is

sponsored by the government but protects religious activity that is initiated by private individuals, and

the line between government-sponsored and privately initiated religious expression is vital to a proper

understanding of the First Amendment’s scope. As the Court has explained in several cases, “there is

a crucial difference between government government government government government speech endorsing religion, which the Establishment Clause

forbids, and priv priv priv priv priv atatatatateeeee speech endorsing religion, which the Free Speech and Free Exercise Clauses

protect.” [ 3 ]



The Supreme Court’s decisions over the past forty years set forth principles that distinguish impermis-

sible governmental religious speech from the constitutionally protected private religious speech of

students. For example, teachers and other public school officials may not lead their classes in prayer,

devotional readings from the Bible, or other religious activities. [ 4 ] Nor may school officials attempt to

persuade or compel students to participate in prayer or other religious activities. [ 5 ] Such conduct is

“attributable to the State” and thus violates the Establishment Clause. [ 6 ]

Similarly, public school officials may not themselves decide that prayer should be included in school-

sponsored events. In Lee v. Weisman [ 7 ], for example, the Supreme Court held that public school

officials violated the Constitution in inviting a member of the clergy to deliver a prayer at a graduation

ceremony. Nor may school officials grant religious speakers preferential access to public audiences,

or otherwise select public speakers on a basis that favors religious speech. In Santa Fe Independent

School District v. Doe [ 8 ], for example, the Court invalidated a school’s football game speaker policy

on the ground that it was designed by school officials to result in pregame prayer, thus favoring

religious expression over secular expression.

Although the Constitution forbids public school officials from directing or favoring prayer, students do

not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” [ 9 ]

and the Supreme Court has made clear that “private religious speech, far from being a First Amend-

ment orphan, is as fully protected under the Free Speech Clause as secular private expression.” [ 10 ]

Moreover, not all religious speech that takes place in the public schools or at school-sponsored

events is governmental speech. [ 11 ] For example, “nothing in the Constitution ... prohibits any public

school student from voluntarily praying at any time before, during, or after the school day,” [ 12 ] and

students may pray with fellow students during the school day on the same terms and conditions that

they may engage in other conversation or speech. Likewise, local school authorities possess substan-

tial discretion to impose rules of order and pedagogical restrictions on student activities, [ 13 ] but they

may not structure or administer such rules to discriminate against student prayer or religious speech.

For instance, where schools permit student expression on the basis of genuinely neutral criteria and

students retain primary control over the content of their expression, the speech of students who

choose to express themselves through religious means such as prayer is not attributable to the stateand therefore may not be restricted because of its religious content. [ 14 ] Student remarks are not

attributable to the state simply because they are delivered in a public setting or to a public audience. [

15 ] As the Supreme Court has explained: “The proposition that schools do not endorse everything they

fail to censor is not complicated,” [ 16 ] and the Constitution mandates neutrality rather than hostility

toward privately initiated religious expression. [ 17 ]

Applying the Governing Principles in Particular ContextsApplying the Governing Principles in Particular ContextsApplying the Governing Principles in Particular ContextsApplying the Governing Principles in Particular ContextsApplying the Governing Principles in Particular Contexts

Prayer During Noninstructional TimePrayer During Noninstructional TimePrayer During Noninstructional TimePrayer During Noninstructional TimePrayer During Noninstructional Time

Students may pray when not engaged in school activities or instruction, subject to the same rules

designed to prevent material disruption of the educational program that are applied to other privately

initiated expressive activities. Among other things, students may read their Bibles or other scriptures,

say grace before meals, and pray or study religious materials with fellow students during recess, the

lunch hour, or other noninstructional time to the same extent that they may engage in nonreligious

activities. While school authorities may impose rules of order and pedagogical restrictions on student

activities, they may not discriminate against student prayer or religious speech in applying such rules

and restrictions.



Organized Prayer Groups and ActivitiesOrganized Prayer Groups and ActivitiesOrganized Prayer Groups and ActivitiesOrganized Prayer Groups and ActivitiesOrganized Prayer Groups and Activities

Students may organize prayer groups, religious clubs, and “see you at the pole” gatherings before

school to the same extent that students are permitted to organize other non-curricular student

activities groups. Such groups must be given the same access to school facilities for assembling as is

given to other non-curricular groups, without discrimination because of the religious content of their

expression. School authorities possess substantial discretion concerning whether to permit the use of

school media for student advertising or announcements regarding non-curricular activities. However,where student groups that meet for nonreligious activities are permitted to advertise or announce

their meetings—for example, by advertising in a student newspaper, making announcements on a

student activities bulletin board or public address system, or handing out leaflets—school authorities

may not discriminate against groups who meet to pray. School authorities may disclaim sponsorship

of non-curricular groups and events, provided they administer such disclaimers in a manner that

neither favors nor disfavors groups that meet to engage in prayer or religious speech.

T T T T T eaceaceaceaceache r he r he r he r he r s, A s, A s, A s, A s, Adminisdminisdminisdminisdministrattrattrattrattrator or or or or s, and o s, an d o s, and o s, an d o s, and other Scther Scther Scther Scther School Emhool Emhool Emhool Emhool Emploploploploplo y y y y y eeseeseeseesees

When acting in their official capacities as representatives of the state, teachers, school administra-

tors, and other school employees are prohibited by the Establishment Clause from encouraging or

discouraging prayer, and from actively participating in such activity with students. Teachers may,

however, take part in religious activities where the overall context makes clear that they are not

participating in their official capacities. Before school or during lunch, for example, teachers may meet

with other teachers for prayer or Bible study to the same extent that they may engage in other con-

versation or nonreligious activities. Similarly, teachers may participate in their personal capacities in

privately sponsored baccalaureate ceremonies.

Moments of SilenceMoments of SilenceMoments of SilenceMoments of SilenceMoments of Silence

If a school has a “minute of silence” or other quiet periods during the school day, students are free topray silently, or not to pray, during these periods of time. Teachers and other school employees may

neither encourage nor discourage students from praying during such time periods.

Accommodat ion of Prayer During Instructional Time Accommodat ion of Prayer During Inst ruct ional Time Accommodat ion of Prayer During Instructional Time Accommodat ion of Prayer During Inst ruct ional Time Accommodat ion of Prayer During Instructional Time

It has long been established that schools have the discretion to dismiss students to off-premises

religious instruction, provided that schools do not encourage or discourage participation in such

instruction or penalize students for attending or not attending. Similarly, schools may excuse students

from class to remove a significant burden on their religious exercise, where doing so would not im-

pose material burdens on other students. For example, it would be lawful for schools to excuse

Muslim students briefly from class to enable them to fulfill their religious obligations to pray during Ramadan.

Where school officials have a practice of excusing students from class on the basis of parents’

requests for accommodation of nonreligious needs, religiously motivated requests for excusal may

not be accorded less favorable treatment. In addition, in some circumstances, based on federal or

state constitutional law or pursuant to state statutes, schools may be required to make accommoda-

tions that relieve substantial burdens on students’ religious exercise. Schools officials are therefore

encouraged to consult with their attorneys regarding such obligations.



Religious Expression and Prayer in Class AssignmentsReligious Expression and Prayer in Class AssignmentsReligious Expression and Prayer in Class AssignmentsReligious Expression and Prayer in Class AssignmentsReligious Expression and Prayer in Class Assignments

Students may express their beliefs about religion in homework, artwork, and other written and oral

assignments free from discrimination based on the religious content of their submissions. Such home

and classroom work should be judged by ordinary academic standards of substance and relevance

and against other legitimate pedagogical concerns identified by the school. Thus, if a teacher’s

assignment involves writing a poem, the work of a student who submits a poem in the form of aprayer (for example, a psalm) should be judged on the basis of academic standards (such as literary

quality) and neither penalized nor rewarded on account of its religious content.

Student Assemblies and Extracurricular EventsStudent Assemblies and Extracurricular EventsStudent Assemblies and Extracurricular EventsStudent Assemblies and Extracurricular EventsStudent Assemblies and Extracurricular Events

Student speakers at student assemblies and extracurricular activities such as sporting events may

not be selected on a basis that either favors or disfavors religious speech. Where student speakers

are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over

the content of their expression, that expression is not attributable to the school and therefore may

not be restricted because of its religious (or anti-religious) content. By contrast, where school officials

determine or substantially control the content of what is expressed, such speech is attributable to the

school and may not include prayer or other specifically religious (or anti-religious) content. To avoid any

mistaken perception that a school endorses student speech that is not in fact attributable to the

school, school officials may make appropriate, neutral disclaimers to clarify that such speech

(whether religious or nonreligious) is the speaker’s and not the school’s.

Prayer at GraduationPrayer at GraduationPrayer at GraduationPrayer at GraduationPrayer at Graduation

School officials may not mandate or organize prayer at graduation or select speakers for such events

in a manner that favors religious speech such as prayer. Where students or other private graduation

speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primarycontrol over the content of their expression, however, that expression is not attributable to the school

and therefore may not be restricted because of its religious (or anti-religious) content. To avoid any

mistaken perception that a school endorses student or other private speech that is not in fact

attributable to the school, school officials may make appropriate, neutral disclaimers to clarify that

such speech (whether religious or nonreligious) is the speaker’s and not the school’s.

Baccalaureate CeremoniesBaccalaureate CeremoniesBaccalaureate CeremoniesBaccalaureate CeremoniesBaccalaureate Ceremonies

School officials may not mandate or organize religious ceremonies. However, if a school makes its

facilities and related services available to other private groups, it must make its facilities and services

available on the same terms to organizers of privately sponsored religious baccalaureate ceremonies.In addition, a school may disclaim official endorsement of events sponsored by private groups,

provided it does so in a manner that neither favors nor disfavors groups that meet to engage in

prayer or religious speech.





496 U.S. 226 (1990); Good News Club v. Milford Cent. Sch., 533 U.S. 98 (2001); Lamb’s Chapel v.

Center Moriches Union Free Sch. Dist., 508 U.S. 384 (1993); Widmar v. Vincent, 454 U.S. 263

(1981); Santa Fe, 530 U.S. at 304 n.15. In addition, in circumstances where students are entitled to

pray, public schools may not restrict or censor their prayers on the ground that they might be deemed

“too religious” to others. The Establishment Clause prohibits state officials from making judgments

about what constitutes an appropriate prayer, and from favoring or disfavoring certain types of

prayers—be they “nonsectarian” and “nonproselytizing” or the opposite—over others. See Engel v.

Vitale, 370 U.S. 421, 429-30 (1962) (explaining that “one of the greatest dangers to the freedom of the individual to worship in his own way lay in the Government’s placing its official stamp of approval

upon one particular kind of prayer or one particular form of religious services,” that “neither the

power nor the prestige” of state officials may “be used to control, support or influence the kinds of

prayer the American people can say,” and that the state is “without power to prescribe by law any

particular form of prayer”); Weisman, 505 U.S. at 594. [ Return to text ]

[ 15 ] Santa Fe, 530 U.S. at 302; Mergens, 496 U.S. at 248-50. [ Return to text ]

[ 16 ] Mergens, 496 U.S. at 250 (plurality opinion); id. at 260-61 (Kennedy, J., concurring in part and

in judgment). [ Return to text ]

[ 17 ] Rosenberger , 515 U.S. at 845-46; Mergens, 496 U.S. at 248 (plurality opinion); id. at 260-61

(Kennedy, J., concurring in part and in judgment). [ Return to text ]



★ What is An American?What is An American?What is An American?What is An American?What is An American? ★


students to develop an understanding

of what it means ttttto be an Americano be an Americano be an Americano be an Americano be an American

and to stress the idea of individualresponsibility. The idea of

responsibility was a central concept of

the Founding Fathers as they discussed

the formation of the United States.

Students will evaluate their role as

students to uphold, protect, and

demonstrate to the world the American

idea of individual responsibility.

Object iveObject iveObject iveObject iveObject ive

The student will define responsibility interms of the acts of individuals and,

collectively, of the people of a nation.

Theme-Theme-Theme-Theme-Theme- ResponsibilityResponsibilityResponsibilityResponsibilityResponsibility

Americans are responsible for

communicating a blueprint to future

generations the ideas of how the

country was formed, how it gained

freedom, and how its citizens unite and

progress toward a better life for ALL

people.

NCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsNCSS StandardsIb. explain how information and

FocusFocusFocusFocusFocus

Write “What is an American?” on the board. Have students think about/reflect on whatthey have learned about America and its history and heritage, democratic ideals,

philosophy, etc.. Discuss American themes (freedom, unity, progress, and responsibility)

and ideals and possible brainstorming about what it means to be “American.” Consider

reasons why various groups have come to America. Discuss with the students the fact

that while there is much diversity among Americans, there are important things that we

share.

experiences may be interpreted by people

from diverse cultural perspectives and frames

of reference.

IVb. describe personal connections to place--

as associated with community, nation, and

world.IVc. describe the ways family, gender, ethnicity,

nationality, and institutional affiliations

contribute to personal identity.

IVh. work independently and cooperatively to

accomplish goals.

Xb. identify and intepret sources and

examples of the rights and responsibilities of

citizens.


Mater ialsMater ialsMater ialsMater ialsMater ials★ Rolls of butcher paper

★ Contemporary magazines,

newspapers, and copies of

historical documents (to be cut up)

★ Poster paper, tape, and glue

PreparationPreparationPreparationPreparationPreparation★ Gather art supplies★ Find a location in the community where

students can hang their posters.



A c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t yA c t i v i t y

Teachers may select one or more of these activities for their students:

1. Have students compare the “American family” of 281,000,000 citizens to their ownfamilies. They can do a T-chart, vend diagram, collage of all members in their families, or

other activity to brainstorm and note unique as well as American traits of their families.

Students can brainstorm answers in two columns labeled “Different” and “Similar.”

Remind students that just as each of them is a vital member of their own families, so also

is each citizen a vital member of the American family. Furthermore, just as individual

family members can draw strength from one another, so can American citizens of one

nation draw strength from all other citizens to enjoy and improve each of their lives.

2. Students may work in groups to create collages titled “What is an American?” Remind

students to include images and symbols that represent the diversity of individuals living

together as a united “American family” in one nation. Students may present their collages

to the class when they are finished.

3. A. Group the students into cooperative work groups. Each student, with the help of

others in the group, uses butcher paper to draw a full-size outline of his or her body. Using

magazines, articles, documents, illustrations, or their own drawing skills, students create

or cut out concepts that represent themselves and paste them on the inside of their body

outline. They then draw a line from each article to a space outside of the body outline and

label articles as one of the four themes it represents: Freedom, Unity, Progress, or

Responsibility. Students should also label characteristics of other articles that

demonstrate their individuality. Students can title the poster “What is an American?”

Display the posters around the school and area businesses.

4. B. The goal of this activity is for students to be able to see how they are interconnected

with others and to show how, even as individuals, they possess characteristics similar to

those of others. Students place their posters in front of themselves on the ground and sit

in a large circle. A student holds a ball of yarn and, while taking a thread of the yarn,

passes the ball to another student across the circle with an identical characteristic. That

student in turn passes the yarn to yet another student. When all of the students with that

characteristic are holding the string, select another characteristic and repeat the process.

The activity will result in a web of people holding string and showing they are connected or

unified in many different ways. Ask the students to state how a responsible person

demonstrates one of the characteristics they have on their posters. For example, a driver

is responsible for obeying traffic laws.

5. Ask the students to write a poem titled or themed “What is an American?” Poem format:

Line 1 One of the four themes

Line 2 Two adjectives

Line 3 Three action verbs

Line 4 Write a sentence about the theme

Line 5 A synonym for the theme



ClosureClosureClosureClosureClosure1. Review the brainstorming and list made in the Focus as well as the other activities to find

things Americans have in common. Discuss.

2. Think about and discuss what was learned about America and its heritage and history.Students should consider American Heritage themes and what they learned through lessons

and activities about America and its history and heritage including its democratic ideals,

philosophy, founding and important documents, national symbols, significant events, important

individuals and leaders, citizenship, national identity, etc.

AssessmentAssessmentAssessmentAssessmentAssessmentTo answer the question, “What is an American?,” students will write an essay defining an Ameri-

can, describing both differences and similarities among Americans. Students should consider

American Heritage themes and what they learned through lessons and activities about Americaand its history and heritage including its democratic ideals, philosophy, founding and important

documents national symbols significant events important individuals and leaders citizenship