brrl founders unit profdev
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Bill of Rights for Real Life:The Founders
The curriculum, The
Bill of Rights for RealLife, was madepossible by a
generous grant fromthe Cortopassi
Institute.
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Mission Statement
Established in 1999, the Institute is a 501(c)(3) notfor profit charity focused on providing educationalresources on America's Founding documents and
principles for teachers and students of AmericanHistory and Civics. Our mission is to educateyoung people about the words and ideas of theFounders, the liberties guaranteed in our Founding
documents, and how our Founding principlescontinue to affect and shape a free society.
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Bill of Rights Institute Summary Map
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Components of Professional Development
Enhance our own knowledge
Explore new teachingstrategies
Enrich the expertise ofother teachers
There is no knowledge that is not power.~Ralph Waldo Emerson
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Overview of Our Curricula
Written by Teachers
Evaluated by Teachers
Tested by Teachers in the classroom
Research-based best practices in civic education
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Resources Designed for:
Higher level classrooms
Heterogeneous classrooms
Low achieving students
High School classrooms
Middle School classrooms
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The Bill of Rights
for Real Life
Designed for less academically-
inclined high school students
21 core lesson plans 8th GradeReading Level
Strong literacy/media literacycomponent
Research-based best teaching practices
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Unit Introduction
Essay8th grade level
LessonOverviewStandardsObjectivesMaterials
Lesson PlanHandouts
DVDIntroductionReinforcement
ReviewExtension Options
HomeworkExtensions
Real Life Portal
Back of the Book ResourcesAnswer Key (pgs. 205-218)Reading Quizzes (pgs. 221-241)Landmark Sup. Court Cases (pgs. 245-257)DVD Guides (pgs. 261-266)Glossary (pgs. 269-273)Educational Resources (pgs. 277-280)Legal Experts & Scholars (pgs 283-289)
Parent Letter (p. 290)
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Common Core State Standards for English Language Arts &Literacy in History/Social Studies
8. Delineate and evaluate the reasoning in seminal U.S. texts,
including the application of constitutional principles anduse of legal reasoning (e.g., in U.S. Supreme Courtmajority opinions and dissents) and the premises,purposes, and arguments in works of public advocacy
(e.g., The Federalist, presidential addresses).9. Analyze seventeenth-, eighteenth-, and nineteenth-
century foundational U.S. documents of historical andliterary significance (including The Declaration of
Independence, the Preamble to the Constitution, the Bill ofRights, and Lincolns Second Inaugural Address) for theirthemes, purposes, and rhetorical features.
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Which of these documents did NOT influence theFounders ideas about natural rights?
1. Magna Carta
2. John Lockes Two Treatises of
Government
3. English Declaration of Rights
4. Frances Declaration of the Rights ofMan
5. Not sure
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Which of these groups believed the Constitution as itwas originally written in 1787 provided for a strong
national government and sufficiently protectedindividual rights at the same time?
1. Federalists
2. Anti-Federalists
3. Democratic-Republicans
4. Know-Nothings
5. Not sure
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Which of these statements would have been made byan Anti-Federalist?
1. The vigor of government is essential to the securityof liberty.
2. State legislatures have no security for the powersnow presumed to remain to them
3. I do not conceive we can exist long as a nationwithout havinga power which will pervade thewhole Union
4. Repeated violations of these parchment barriershave been committed by overbearing majorities inevery State.
5. Not sure
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The process by which the Supreme Court has used the
due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:
Guaranteeing Rights
1. incorporation
2. federalization
3. privileges and immunities
4. naturalization
5. Not sure
i S A i i Ri h A i d
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What rights are most important to you?
Select your personal top 5, starting with the most important.1. Freedom of speech
2. Freedom of religion
3. Right to a jury trial
4. Freedom of the press
5. Freedom from cruel and unusual punishment
6. Right to keep and bear arms
7. Right to control ones own property
8. Freedom of assembly
9. Freedom from quartering troops in ones home
10. Freedom from unreasonable search and seizure
Primary Source Activity: Rights AttitudeInventory
P i S A i i Ri h A i d
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Primary Source Activity: Rights AttitudeInventory
Step 1: Using the Rights AttitudeInventory, get into groups of 6. Your
group must come to a consensus,ranking rights from MOST (1)
important to LEAST (10) important.
Consensus: shared decision-making not simply based on
majority rule. Everyone in thegroup gets a fair hearing.
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What rights are most important to your group?Select your groups top 5, starting with the most important.
Primary Source Activity: Rights Attitude Inventory
1. Freedom of speech
2. Freedom of religion
3. Right to a jury trial
4. Freedom of the press
5. Freedom from cruel and unusual punishment
6. Right to keep and bear arms
7. Right to control ones own property
8. Freedom of assembly
9. Freedom from quartering troops in ones home
10. Freedom from unreasonable search and seizure
D b i f Ri ht Attit d I t
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Debrief Rights Attitude Inventory
Step 2: Re-rank the rights asthough you were all Founders.
You undoubtedly
encountered disputes. Whatdoes this tell us about thechallenges the Foundersfaced in the decision toinclude a Bill of Rights?
Did YOUR individual opinionas to the right(s) you most
value change as you listened toothers arguments?
How has the importance ofvarious individual rights
changed over time? How hasit stayed the same?
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Primary Source Activity: Rights Attitude Inventory
Founders Unit Lesson 1, BRRL p. 10
Rights Attitude Inventory:
List the following rights in order of
importance to you. Number 1 will bethe most important; Number 10 the leastimportant:
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Primary Source Activity: Rights Attitude Inventory
Prioritizing our rightshelps highlight theconnections andinterdependence amongthe liberties enshrined inthe Bill of Rights.
An extension for thisactivity is to havestudents make a tableshowing a civicresponsibility thatcorresponds to eachliberty. For example:
Right Responsibility
Speech Listeningthoughtfully
Fair jury trial Serving on ajury
Religion
PressAssembly
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What are the Origins of the Bill of Rights?
See BRRL page 4 for Lesson Plan 1. Background/Homework:
Students read the backgroundessay, p. 7,8,9.
Color code
Documents written inEngland: yellow
Documents written inAmerica: green
Violations of rights: red
John Locke,Sir Godfrey Kneller,
1697
Thomas Jefferson,Rembrandt Peale,
1800
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2. Rights Attitude Inventory
3. Student Handout B Foundations ofOur Rightsp.11: Summarizes documentsthat guaranteed rights.
Magna Carta
1215
Petition ofRight 1628
Declaration ofRight (English
Bill of Rights)1689
What are the Origins of the Bill of Rights?
http://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpghttp://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpghttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.consource.org/consource/files/manuscriptpages/IMAGEFILENAME/000000002978/pdfbill_rights_c.pdfhttp://www.archives.gov/exhibits/featured_documents/magna_carta/images/magna_carta.jpg -
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Right Right Right Right Right Right Right
US Bill of Rights(1791)
First:freedom ofreligion,speech,press,assembly,petition
Second:right to keepand beararms
Third:freedomfromquarteringtroops
Fourth:search andseizurerights
Fifth: dueprocess rights
Sixth: fairtrial rights
Eighth:freedom fromexcessivefines, crueland unusualpunishment
Magna Carta(1215)
Petition of Right(1628)
MassachusettsBody of Liberties
(1641)
Declaration ofRights andToleration Acts(1689)
Right violated inthe colonies?(1763-1776)
Using the Background Essay and your discussions as your guide, discuss Handout Bp. 11.
Origins of the Bill of Rights
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4. Student Handout C Founding
Documents and Philosophiesp. 12:Compare & contrast documents.
What are the Origins of the Bill of Rights?
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James Madison: If
men were angels, nogovernment wouldbe necessary.(Federalist #51, 1788)
Pastor Martin Niemoller:
--First they came for theCommunists, but I was nota Communist, so I saidnothing.
--Then they came for the SocialDemocrats, but I was not a SocialDemocrat, so I did nothing.
--Then came the tradeunionists, but I was not a tradeunionist.
--And then they came for the
Jews, but I was not a Jew, so I didlittle.
--Then when they came for me,there was no one left to stand upfor me.
Enrichment Activities, p. 5
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1. Why did the original writers
of the Constitution leave outa bill of rights?
2. What political groupdemanded a bill of rights?
3. Who wrote the Bill ofRights? Why did he write it?
4. What did Thomas Jeffersonsay about a bill of rights?
5. Why did James Madison
fear that bill of rights mightnot work?
6. How many Amendmentswere originally proposed to
Congress?7. Why was the Bill of Rights
added at the end of theConstitution?
DVD Viewing Guide Founders Lesson 2 (Pg. 261)
Discussion: Madison feared that a bill of rights would not protectindividuals from the abuse of their rights by popular majorities. Can youthink of examples of a majority taking away rights from individuals? Inthe country? In your town? At school? How do you think those rights
might be made more secure?
http://images.google.com/imgres?imgurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/UC-47-6-250px-DVD-R_bottom-side.jpg&imgrefurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/index.html&h=241&w=249&sz=9&hl=en&start=2&tbnid=nCqpTGp1ysWW1M:&tbnh=107&tbnw=111&prev=/images?q=dvd&svnum=10&hl=en&lr=http://images.google.com/imgres?imgurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/UC-47-6-250px-DVD-R_bottom-side.jpg&imgrefurl=http://bebas.vlsm.org/v06/Kuliah/SistemOperasi/BUKU/img/index.html&h=241&w=249&sz=9&hl=en&start=2&tbnid=nCqpTGp1ysWW1M:&tbnh=107&tbnw=111&prev=/images?q=dvd&svnum=10&hl=en&lr= -
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Founders Unit Lesson Plans
Lesson 2, p. 13: Why a Bill of Rights? What
Impact Does it Have? This lesson explores the debate between the
Federalists and Anti-Federalists.
Federalists believed the Constitution as itwas originally written in 1787 provided fora strong national government andprotected individual rights at the same
time. The Anti-Federalists feared a strong central
government and insisted that a Bill ofRights be added to the Constitution to
protect individual rights.
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On what issues
did theFederalists andAnti-Federalists
agree?
Securing LibertyDebate over the Bill of Rights
The Federalists and Anti-Federalists
James Madison,John Vanderlyn,
1816 Patrick Henry,George B. Matthews,
1883
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Federalists Anti-FederalistsBOTH
Bill of rights not
neededConstitutioncreates a LIMITEDgovernment
Specific listingcould be dangerous
Strong central
government neededto protect rights
States have theirown declarations of
rights
Did not trust a
strong centralgovernment
Some statesdemanded a bill
of rights
Popular opinionfavored a list ofrights
Purpose ofgovernment is to
protect rights
Give someauthority to states,some to national
government
Foundational(First) Principles:
popular sovereignty,
government byconsent, limited
government,property rights,
civic virtue...
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Learning Stations: Quote Classification
Washington
Sherman
Hamilton
Madison
Jefferson
Working with a partner ortwo
Prepare an answer sheetby numbering 1-8
Mason
Read the quotes onsigns and classify each
quote:
Federalist or
Anti-Federalist
Identify the author of
each quote.
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Who said it???? (See p. 19 & jot down your answers)
1
2
3
45
6
7
8
Federalist
Federalist
Federalist
Federalist
Anti-Federalist
Anti-Federalist
Anti-Federalist
Anti-Federalist
Washington
Sherman
Hamilton
Madison
Mason
Mason
Mason
Jefferson
I ti U it 187
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Incorporation Unit, p. 187
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Incorporation:
the application
of parts of the Bill of Rights
to the statesthrough the Due Process
Clause of the
Fourteenth Amendment
The Bill of Rights and Incorporation
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The Bill of Rights and Incorporation, p. 187
Justice Hugo Black argued for totalincorporation:
The words No State shall make orenforce any law which shall abridgethe privileges or immunities of
citizens of the United States seem tome an eminently reasonable way ofexpressing the idea that henceforththe Bill of Rights shall apply to the
States. (p. 230) Justice Hugo Black,(concurring) Duncan v. Louisiana(1968)
However, the Court took the path of
selective incorporation.
I ti U it
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Incorporation Unit
Key Terms, p. 190
Background Essay, p. 191
Flow Chart, p. 193
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h ll f h d I
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Questions, p. 193
Is an essential or fundamental right being denied by a state?Is incorporating the only way to ensure the right will be
protected?
If the answer to both questions is YESthe FourteenthAmendment is used to incorporate the concept and apply
it to the states to protect a fundamental right.
The Bill of Rights and Incorporation
h ll f h d I
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Read the background essay for Lesson 1, pp. 191-192.
Review student activities on pp. 193-195.Discuss with a partnerhow would these activities work for
your students?Read the background essay for Lesson 2, pp. 198-199.
Review student activities on pp. 200-202.Discuss with a partnerhow would these activities work for
your students?
The Bill of Rights and Incorporation
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Early Incorporation CasesYear Case Amendment/
Fundamental Right
1897 Quincy Railway Co. v. Chicago 5th -takings clause
1925 Gitlow v. New York 1st -political speech
1931 Near v. Minnesota 1st -press
1937 DeJonge v. Oregon 1st -peacefulassembly/petition
1940 Cantwell v. Connecticut 1st -free exercise ofreligion
1947 Everson v. Board of Education 1st -establishment ofreligion
1948 In re Oliver 6th-public trial
1949 Wolf v. Colorado 4th-search and seizure
1958 NAACP v. Alabama 1st-freedom of association
L I C
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Later Incorporation CasesYear Case Amendment/ Fundamental Right
1961 Mapp v. Ohio 4th
exclusionary rule1962 Robinson v. California 8th -cruel & unusual punishment
1963 Gideon v. Wainwright 6th -right to counsel in all felony cases
1964 Malloy v. Hogan 5th -self-incrimination
1965 Pointer v. Texas 6th
-confront witnesses1965 Griswold v. Connecticut Penumbra of 1,3,4,5- privacy
1966 Parker v. Gladden 6th- impartial jury
1967 Klopfer v. N. Carolina 6th -speedy trial
1967 Washington v. Texas 6th-compulsory process to obtain witnesses1968 Duncan v. Louisiana 6th -jury trial in non-petty cases
1969 Benton v. Maryland 5th -double jeopardy
1972 Argersinger v. Hamlin 6th-counsel in all criminal cases involving jail term
2010 McDonald v. Chicago 2nd-individual right to handguns
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Incorporation
Not incorporated:3rd Amendment
5th Amendments grand jury clause
7th Amendment
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Which of these documents did NOT influence theFounders ideas about natural rights?
1. Magna Carta
2. John Lockes Two Treatises of
Government
3. English Declaration of Rights
4. Frances Declaration of the Rights ofMan
5. Not sure
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Which of these groups believed the Constitution as itwas originally written in 1787 provided for a strong
national government and sufficiently protectedindividual rights at the same time?
1. Federalists
2. Anti-Federalists
3. Democratic-Republicans
4. Know-Nothings
5. Not sure
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Which of these statements would have been made byan Anti-Federalist?
1. The vigor of government is essential to the securityof liberty.
2. State legislatures have no security for the powersnow presumed to remain to them
3. I do not conceive we can exist long as a nationwithout havinga power which will pervade thewhole Union
4. Repeated violations of these parchment barriershave been committed by overbearing majorities inevery State.
5. Not sure
Guaranteeing Rights
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The process by which the Supreme Court has used the
due process clause of the 14th
Amendment to apply theBill of Rights against state governments is known as:
Guaranteeing Rights
1. incorporation
2. federalization
3. privileges and immunities
4. naturalization
5. Not sure
Website
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Website
www.billofrightsinstitute.org James Madison Memorial Fellowship Foundation
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Become a constitutional scholar
Receive funding for aMaster of Arts (MA)Master of Arts in Teaching (MAT)Master of Education (MEd)
with an emphasis on Constitutional history
Attend the four-week Summer Institute,"The Foundations of AmericanConstitutionalism" in Washington, D.C.
Complete your degree in five years
Teach for another two years (approximately)
Submit an application by March 1
James Madison Memorial Fellowship Foundation
T hi ith C t E t
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Teaching with Current EventsTopics: Federalism, Freedom of Religion, Gun Rights, Property Rights,Personal Liberty, Citizen Juries, Freedom of Speech, Due Process
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F M thl L
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Free Monthly eLessonsLandmark Supreme Court CasesBill of Rights in the News
Current Events and the ConstitutionElections and the Constitution
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St i T h ith !
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Stay in Touch with us!
Like us on Facebook: /BillofRightsInstitute
Follow us on Twitter: @BRInstituteCheck out our blog: blog.BillofRightsInstitute.org
Visit our blog to hear from our staff members oncurrent events, education topics, and teaching tips!
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G t T l f Y St d t
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Great Tools for Your Students
GamesVideos
Co titutio Day Se t 17th
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Online Resources:
Constitution Duel Quiz
Constitutional Principles videos Madisons Notes are Missing
Constitution Day lesson plans
Life Without the Bill of Rights
PDFs of the Founding documents Effective ANY time of year!
Constitution Day Sept. 17th
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Bill of Rights Day Dec 15th
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Bill of Rights Day Dec. 15th
You and Your Students will Explore:
The text and history of each of the first 10 Amendments
Landmark Supreme Court cases
Engaging activities, handouts, and games
How the 14th
Amendment and Incorporation hasimpacted the Bill of Rights
www.BillofRightsDay.com53
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We WantYOU
To use ourcurriculum
To let us know how
these resources work
in your classroom
To pilot or evaluate
our curriculum