| • The First Amendment & the Supreme Court |
| • Rights Under Consitution |
| • Amendments 1 to 10 |
| • Chief Justices of the Supreme Court |
| • To Read or Not to Read: An Exploration of Citizenship |
History-Social Science Content Standards
5.7 Students describe the people and events associated with the development of the U.S. Constitution and analyze the Constitution's significance as the foundation of the American republic.
5.7.2 Explain the significance of the new Constitution of 1787, including the struggles over its ratification and the reasons for the addition of the Bill of Rights.English-Language Arts Content Standards
Reading Comprehension
2.3 Discern main ideas and concepts presented in texts, identifying and assessing evidence that supports those ideas.
Writing strategies
2.3 Write research reports about important ideas, issues, or events...
Listening and Speaking Strategies, Organization and Delivery of Oral Communication
1.4 Select a focus, organizational structure, and point of view for an oral presentation.
1.5 Clarify and support spoken ideas with evidence and examples.
1.6 Engage the audience with appropriate verbal cues, facial expressions, and gestures.
abridging |
dissent |
prohibit |
affirm |
establishment of religion |
sedition |
Bill of Rights |
free exercise of religion |
slander |
censor |
chief justice |
symbolic speech |
concur |
judicial review |
unconstitutional |
This lesson focuses on the role of the Supreme Court in interpreting our rights. To make this a manageable subject for 5 th graders, the lesson moves from a broad view of rights as contained in the Bill of Rights to a specific focus on three aspects of the First Amendment: freedom of religion, freedom of speech and freedom of the press. The lesson starts with students imagining a world without rights. Students then work in groups acting as representatives to the First Federal Congress ranking the importance of the rights included in the Bill of Rights. Students explore some landmark Supreme Court cases to illustrate the role of the court in interpreting the Constitution and familiarize students with some of the basic liberties provided by the First Amendment.
1. Understand how the courts protect our rights.
2. Analyze and evaluate rights as listed in the U.S. Constitution.
3. Understand the concept of judicial review.
4. Become familiar with three of the five freedoms provided by the First Amendment
5. Explore conflicts among competing rights and values• teacher copy-Amendments to the Constitution of the United States
• student copies worksheet-Our Rights
• one copy Marbury v. Madison
• enough student copies for one third of the class: worksheet First Amendment, Freedom of Religion,
• enough student copies for one third of the class: worksheet First Amendment, Freedom of Speech,
• enough student copies for one third of the class: worksheet First Amendment, Freedom of the Press
1. The Constitution was ratified by the people on the promise of a Bill of Rights. Why was a Bill of Rights so important? To help students understand the importance of written laws about these freedoms, have them imagine a world without rights. Give some examples to get them thinking or read the introduction to In Defense of Liberty The Story of America's Bill of Rights, page 1-2 or from the Cobblestone issue Our Bill of Rights, page 2.
2. Distribute the Worksheet-Our Rights Under the U.S. Constitution. This sheet represents some of the more familiar rights included under the Bill of Rights. (A copy of all ten amendments is included for teacher reference on pages 32-33). Class discusses what each right means as a group. Students review the rights individually and select five rights they think are the most important.
Organize students in small groups of 3-4. Students imagine they are part of the First Federal Congress in 1789 debating which rights they think are important enough to become part of the Constitution. Instruct each group to come up with a consensus as to which rights to keep. Request a spokesperson from each group to report on their group's decision. Teacher tallies responses on the board or on a flip-chart. As a class discuss the rights that were selected and those that were not.
3. The Supreme Court has been asked many times in our history to decide whether individuals have been denied liberties guaranteed to them under the Bill of Rights. The Supreme Court is able to do this because of its power of judicial review: the power to say that a law is in conflict with the Constitution and therefore is not valid. Teacher selects a volunteer student to read Marbury v. Madison , the case that established the power of judicial review. Initiate a class discussion regarding this power. Do students agree that there should be one government body to interpret the Constitution? Should it be the Courts? If not, why not? Would it work if it were the President? Should all the branches have this authority? What problems might result if they did?
4. Lead a class discussion, " What checks are there to make sure that the courts don't have too much power?" Teachers may wish to write these on the board or a flip chart to increase discussion opportunities and clarify the points for students.
• The courts can only make decisions on the cases that come before them. They have to wait for people to initiate cases; they don't go out and get cases.
• Courts don't control the budget or the military. These duties are assigned to other branches.
• The power to enforce court orders comes from our society's foundation on the rule of law. We follow court orders because it makes our society more peaceful and orderly.
• Judges do not declare laws unconstitutional very often.
5. How has the power of judicial review been used to decide court cases involving the First Amendment? Organize students into three groups: freedom of religion, freedom of speech and freedom of the press. Each of these groups should be divided into manageable sized student teams of 3-4 students. These teams will work together through the remainder of the lesson.
6. Students will complete a mini-research project for their First Amendment topic, described on the appropriate worksheet: Freedom of Religion, Freedom of Speech and Freedom of the Press. The activity will conclude with each student team making a presentation to the class about their topic.
a. Distribute copies of the appropriate case worksheet to each group.
b. Student teams complete the research assignment on their worksheet, using the print and non-print resources identified on the worksheet or any appropriate classroom or library materials.
c. Students read the facts in the Supreme Court case assigned to their group (information is included on the worksheet). Each student writes a brief summary of how he or she thinks the case should have been decided.
d. When groups have finished their worksheets, teacher provides them with a summary of the actual Supreme Court decision in their assigned case:
• Freedom of Religion case - West Virginia Board of Education v. Barnette. The Justices upheld the claims of the Jehovah Witnesses and struck down the requirement that students must salute the flag and recite the Pledge of Allegiance each school day. The court did not prohibit patriotic ceremonies but said that students may be excused if there is a conflict with their religious beliefs.
• Freedom of Speech case - Tinker v. Des Moines The Court ruled that the "armbands were a legitimate form of "symbolic speech", protected by the First Amendment". The Justices said that since the armbands did not "materially and substantially disrupt the work and discipline of the school" the students should not have been prohibited from wearing them.
• Freedom of the Press case - Hazelwood School District v. Kuhlmeier. The Court ruled that although schools may not limit the personal expression of students that happens to occur on school grounds, they do not have to promote student speech that they do not agree with. This decision gave schools the power to censor activities such as school plays and school newspapers as long as the school finances the activities and there are grounds for the censorship.
• Students discuss the decision among the group and be prepared to tell the class during their presentation if they agree or disagree with the Supreme Court decision and why.
7. Class meets as a group. Student teams take turns making their presentations to the class. What did they learn about their First Amendment topic? Do they have the same belief about the importance of this liberty as they did when the lesson started? Did the majority of the group agree or disagree with the Supreme Court's decision? Why or why not?The following quote is from the majority Supreme Court opinion in the Barnette case:
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes [changing nature] of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
Students work in pairs, with access to a dictionary and thesaurus. Student pairs read the quote and rewrite in their own words. Do you agree with Justice Jackson's view of the Bill of Rights? Why or why not?
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) Justice Jackson, majority opinion, page 639.
1. Students read Before We Were Free. Students draw a picture or write a poem about the story that contrasts the life without freedom described in the story with the rights we have in the United States.
2. Create a class newspaper about three of the five freedoms found in the First Amendment that were the focus of this lesson: freedom of speech, freedom of press and freedom of religion. Some ideas that could be included are: an advertisement promoting the highlights of one of the freedoms, student essays, photos from newspapers, magazines or taken by the students that illustrate the freedoms, student developed comic strips that illustrate something about the First Amendment. Many websites are provided in Resources to assist with this activity.
3. Organize the class into 10 groups, one for each amendment in the Bill of Rights. Each group picks a number from one to ten out of a jar. The number corresponds to the amendment in the Bill of Rights they are assigned. The group does research on the amendment, as needed. The print section includes books to assist with this research including In Defense of Liberty and A Kid's Guide to America's Bill of Rights: Curfews, Censorship, and the 100-Pound Giant . The non-print section also includes resources, such as the Bill of Rights Institute website. Each group takes a large sheet of poster paper to create a depiction in words, drawings, and cutouts from magazines and newspapers of their amendment. The posters are titled appropriately and each member of the groups "signs" the creation. The posters are displayed in the hallway or multi-use room for others to learn and enjoy.
4. Students read The Landry News listed in print resources. Students take on the role of "editor in chief" of a newspaper. Using the motto "truth and mercy" of The Landry News to guide them, students write an editorial about the book. What First Amendment freedoms were addressed in the story? What were the different views of the First Amendment held by the principal and Cara's teacher? What did you learn about freedom of the press? Why should others read this story?
5. As of 2004, our nation has had only 16 Chief Justices, including William H. Rehnquist the current Chief Justice, who has served in that role since 1986. A list of the Chief Justices is found on page 39. Assign pairs of students a Chief Justice to research. Students should identify interesting facts about his growing up years, career before becoming a member of the Supreme Court and famous decisions that occurred during his time on the bench. Information about the Court during the each of the Chief Justices tenure can be obtained from the Supreme Court Historical Society website listed in non-print resources. Specific information about the justices can be found at the Federal Judicial Center website, and some of them are included in the Great Justices of the Supreme Court book listed in print resources below. Information can also be found through a basic Internet search as well as through encyclopedias. Students use the information they have gathered to write a report highlighting the Chief Justices' life and career.Aaseng, Nathan. Great Justices of the Supreme Court. Library Binding, 1992. This book profiles eight justices of the Supreme Court, including their life, early career, appointment process and landmark cases. The justices include John Marshall, Roger Taney, John Harlan, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Hugo Black, and Earl Warren. Although written for older students, this book would provide an excellent classroom resource for researching the lives of various justices and learning more about famous Supreme Court decisions.
Alvarez, Julia. Before We Were Free. Knopf, 2002. The setting is the Dominican Republic during the 1960-61 attempt to overthrow Trujillo's dictatorship. The narrator is 12 year old Anita who at first is too self absorbed to realize what is going on but then sees her cousins fleeing to America with their families and that her own family is in serious danger due to involvement with a plot to kill the dictator. Provides an excellent vehicle for contrasting what life is like in a country without the freedoms we often take for granted.
Clements, Andrew. The Landry News. New York, New York: Simon & Shuster Books for Young Readers, 1999. A shy fifth grader publishes a newspaper called the Landry News. Her first editorial is about a teacher "who does not teach", which turns out to be the inspiration the teacher needed to start teaching and a motivator for the whole class to want to help with the newspaper. Unfortunately, the newspaper gives the principal the excuse he has been waiting for to try to get rid of the teacher. Many important issues are covered in this story including the Constitution, free speech, newspaper reporting and the power of words.
Freedman, Russell. In Defense of Liberty: The Story of America's Bill of Rights. New York, New York: Holiday House, 2003. A comprehensive discussion of the Bill of Rights presented through real life case scenarios. Each of the first ten amendments of the Bill of Rights are discussed in individual chapters that include relevant Supreme Court decisions. The writing style, historical information, photographs and drawings make for fascinating reading.
Kathleen, Krull. A Kid's Guide to America's Bill of Rights: Curfews, Censorship, and the 100-Pound Giant New York, New York: Avon, 1999 . The author uses a variety of methods such as stories, case studies and humor to help students understand the first ten amendments to the U.S. Constitution.
Our Bill of Rights. Cobblestone Magazine. Peterborough NH: Cobblestone Publishing. September 1991. This issue explores the process of creating the Bill of Rights in-depth. The debate between the Federalists and Anti-federalists regarding the need for a Bill of Rights is explored, as well as specific points of view of individual delegates; Madison's role is securing the Bill of Rights, and current issues regarding individual freedoms.
Our First Amendment, Freedom of the Press. Discover American History, A Cobblestone Publication. Carus Publishing Company. January, 1999. Provides historical background into freedom of the press issues, covers the famous Zenger case, Nellie Bly's role in using the press to promote social justice, the history of prior restraint, also includes literature resources and activities.
Our First Amendment, Freedom of Religion. Discover American History, A Cobblestone Publication. Carus Publishing Company. January, 2000. Explores the reasons for and the interpretation of the First Amendments freedom of religion clauses, discusses religious freedom during the colonial era, how religious freedom is addressed in public schools, also includes some modern day religious liberty issues.
Our First Amendment, Free Speech. Discover American History, A Cobblestone Publication. Carus Publishing Company. January, 1998. Explores the meaning of free speech and the challenges that it has faced throughout US history, from the Sedition Act to McCarthyism.Issues of direct importance to students such as students' rights to free speech at school and how dress codes and free speech are related are discussed. Supreme Court decisions are interwoven throughout the discussion, including various tests that have been developed to determine the balance between free speech and other rights.
Non-print
Bill of Rights Institute, Landmark Supreme Court Cases http://www.billofrightsinstitute.org
Access a summary of Landmark Supreme Court cases, organized by category, such as freedom of speech, freedom of the press, right of private property, criminal procedure and more.
Exploring Constitutional Conflicts, First Amendment Law http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/firstamendmenthome.htm
Discusses issues and Supreme Court cases related to First Amendment issues including free speech and the establishment clause and freedom of religion. Not all of the information included will be understandable to 5 th graders but the introductory sections will be useful for this lesson.
Federal Judicial Center, History, Judges of the United States Courts http://www.fjc.gov/history/home.nsf
Links to all federal judges who have served on the various courts since 1789. Click on the first initial of the last name or type in the name in the search box to access a judges' biographical information.
National Constitution Center
http://www.constitutioncenter.org/index_no_flash.shtml
The "Interactive Constitution" section of this website is ideally suited for both the procedures and extension activities for this lesson. Students can enter a term in the key words or terms box, such as establishment clause. The search results in the top box will highlight areas where the term is used in the Constitution. Clicking on one of the underlined terms will result in a second box at the bottom of the screen with more information from "The Words We Live By" written by Linda Monk. Users may also choose to search by 300 different topics such as Bill of Rights, or selecting a landmark Supreme Court case to review.
Newseum - The Interactive Museum of News
http://www.newseum.org/
This interactive news museum was created to help the public and the news media understand one another better and to celebrate the uniqueness of the First Amendment in keeping Americans forever free.Includes a timeline of news history, the current date's front pages from newspapers around the world, a journalist memorial dating back to the 1800s. The teaching tools section gives an overview of the history and principles behind the First Amendment that are particularly relevant to this lesson:
http://www.newseum.org/educationcenter/teachingtools/index.htm
Supreme Court Historical Society
http://www.supremecourthistory.org/
Highlights include legal developments (laws, decisions) organized by the service dates of a particular chief justice (photos are included), the various locations of the supreme court prior to its current location are described, a variety of court quizzes based on the information contained in the site, a timeline of the justices, and a historical feature.
Grades 5-8 Content II (A) 1. The American idea of constitutional government. Students should be able to explain the essential ideas of American constitutional government.
Grades 5-8 Content III (E) 1. The place of law in American society. Students should be able to explain the importance of law in the American constitutional system.
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 to peacefully assemble, and to petition the Government for redress of grievances.
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.
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.
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 probably cause, supported by Oath or affirmation, and particularly describing the pace to be searched, and the persons or things to be seized.
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, not 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.
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 or obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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, then according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
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.
• Right to freedom of speech
• Right to bear arms
• Right to legal counsel
• Right to protection from cruel and unusual punishment
• Right to freedom of press
• Right to jury trial
• Right to freedom of religion
• Right to peacefully assemble
• Protection from self-incrimination (testifying against oneself in a criminal trial)
• Right to protection from unreasonable searches and seizures
Marbury v. Madison (1802)
This case started with a judicial appointment for a man named William Marbury. The appointment was made by John Adams at the very end of his presidency. He filled all the judge positions that were open with people he thought shared his political beliefs, so that even when he was not president anymore, his party (the Federalists) would have control over the judiciary.
The law that allowed Adams to make this appointment was the Judiciary Act of 1789, passed by Congress. There was supposed to be a letter delivered to Marbury telling him about his judicial job and making his appointment official. Marbury's appointment letter, however, did not get delivered to him before Adams presidency was over. A new president, Thomas Jefferson took over. He did not consider the appointment of Marbury valid because the letter was never delivered.
Marbury kept waiting for his judicial appointment, it never came. Finally, he appealed to the Supreme Court. He claimed that the Supreme Court had the power under the Judiciary Act (passed by Congress) to order the Secretary of State, Madison, to give him his appointment. The Supreme Court had to decide if Marbury should get his appointment. Chief Justice John Marshall wrote the Court's decision. The decision said that Marbury had a right to his judicial appointment. The Court also said that they could not give Marbury his appointment because the federal law passed by Congress was in conflict with the constitution, thus it was unconstitutional.
Chief Justice John Marshall said "It is emphatically the province and duty of the judicial department to say what the law is." This case did two very important things. It clarified that the Constitution was the "supreme law of the land" and that it was the Court's job to interpret the meaning of the Constitution.
John Jay
John Rutledge
Oliver Ellsworth
John Marshall
Roger Brooke Taney
Salmon Portland Chase
Morrison Remick Waite
Melville Weston Fuller
Edward Douglass White
William Howard Taft
Charles Evans Hughes
Harlan Fiske Stone
Fred Moore Vinson
Earl Warren
Warren Earl Burger
William H. Rehnquist
John Glover Roberts, Jr.
This is an animated, interactive comic exploring the concepts of Free Press in schools, censorship, and symbolic speech under the First Amendment. Flash Player 8 is required to view this section of our site, if you do not have it, you can download the latest Flash Player here.