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    Presidents and the Constitution:Commander in Chief

    The curriculum, Presidentsand the Constitution, was

    made possible bygenerous grants from theNational Endowment for

    the Humanities through itsWe the People program, as

    well as from Dr. JohnTempleton.

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    Presidents and the Constitution

    Each unit includesScholarly essay

    Primary source activity focusing onArticle II

    Lessons to show how three different

    presidents understood and exercisedtheir constitutional powers

    Volume I Units

    WarSlavery

    Chief Diplomat

    Federal Power

    Electing the President

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    Back of the book resources

    Answer KeyAppendix A: The Declaration

    of IndependenceAppendix B: The ConstitutionAppendix C: The Bill of RightsResourcesSpecial Thanks

    Image CreditsNational Standards

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    Common Core State Standards for English Language Arts &Literacy in History/Social Studies

    8. Delineate and evaluate the reasoning in seminalU.S. texts, including the application ofconstitutional principles and use of legal

    reasoning (e.g., in U.S. Supreme Court majorityopinions and dissents) and the premises,purposes, and arguments in works of publicadvocacy (e.g., The Federalist, presidentialaddresses).

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    In which case did the Supreme Court rule constitutionalthe Espionage Act, which placed significant restrictions

    on speech and press during wartime?

    1. Ex parte Merryman

    2. Ex parte Milligan

    3. Adams v. Callender

    4. Schenck v. U.S.

    5. Not sure

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    Wilson and the Espionage Act, p. 56

    Critical Engagement Question:

    Was the Espionage Act of 1917, signedinto law by President Woodrow Wilson,a constitutional war measure?

    Objectives:

    Understand Wilsons fear of the poison ofdisloyalty.

    Understand challenges to civil liberties

    associated with WWI.Assess constitutional limits on free speechand whether they change in wartime.

    Evaluate the constitutionality of the 1917

    Espionage Act.

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    Wilson and the Espionage Act, p. 56

    Background/Homework: Read Handout A: WoodrowWilson and the Espionage Act, (p. 59-60) and, as timepermits, consider the Critical Thinking Questions.

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    Wilson and the Espionage Act

    Warm Up:

    A. Print out or project images of posters found at www.ArticleII.org/War/Units

    B. Have students examine the images and conduct a large group discussion to answer thequestions:

    What is the topic of these posters?

    How are the different individuals portrayed? Why? What is the goal of these posters?

    What can you conclude about the tenor of the timesin the U.S. before the country entered World War I?

    What is the topic of these posters?How are the different individuals portrayed? Why?What is the goal of these posters?What can you conclude about the tenor of the times in the

    U.S. before the country entered World War I?

    Images of posters found atwww.billofrightsinstitute.org

    Presidents and the Constitution link

    http://www.articleii.org/War/Unitshttp://www.billofrightsinstitute.org/http://www.billofrightsinstitute.org/http://www.billofrightsinstitute.org/http://www.billofrightsinstitute.org/http://www.articleii.org/War/Units
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    Have a student assume the personaof Wilson and dramatically readthe excerpt from his 1915 State ofthe Union Address on Handout B:

    Wilsons Request.

    Wilson and the Espionage Act

    Distribute Handout C: The EspionageAct (1917). Read the law and clarify

    any questions students have.

    poison of

    disloyalty

    we are withoutadequate federal

    lawsSuch

    creaturesmust becrushed out

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    A. Read Handout D (P. 63): NoConscription Newsletter What is this newsletter asking

    you to do? Did the author of the No

    Conscription newsletter violatethe Espionage Act?

    B. Tell students that next class they willput the newsletters author, EmmaGoldman, on trial. DistributeHandout E: The Trial of EmmaGoldman.

    C. Assign the following roles:

    Narrator Emma Goldman Lead Counsel for Miss Goldman US Attorney Leon Frank Czolgosz President Woodrow Wilson

    Four judges

    Wilson and the Espionage Act

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    Handout E (along withadditional exhibits andresources fromwww.ArticleII.org )

    The Trial of Emma Goldman,a scripted role play.

    Wilson and the Espionage Act

    http://www.articleii.org/http://www.articleii.org/
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    D. Students may stick to the script or add to it as

    appropriate.E. Additional roles: (See www.ArticleII.org )

    assistant counsel to the attorneys on either side

    law clerks for the judges

    Theodore Roosevelt J. Edgar Hoover

    congressional supporters of the Act

    World War I soldiers

    Kate Richards OHare

    Rose Pastor StokesF. Have students file amicus briefs (e.g. short, historically

    accurate statements in support of either the prosecutionor the defense.)

    Wilson and the Espionage Act

    http://www.articleii.org/http://www.articleii.org/
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    Debrief :

    Did Emma Goldmanbreak the law?

    Wilson and the Espionage Act

    Was the Supreme Courtcorrect to uphold herconviction under theEspionage Act?

    Was the law she wasaccused of breaking, theEspionage Act,constitutional?

    Palmer Raids

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    HomeworkEvaluate the Supreme Courtsactions regarding theEspionage Act and Emma

    Goldmans conviction.Essay topic: What if theEspionage Act were passedtoday?

    Extensions1917 film: Spirit of 76

    Robert Goldstein

    Trial of Sacco & Vanzetti

    Wilson and the Espionage Act

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    The Issues EndureStudents investigate

    Palmer Raids

    Violations of civilliberties during

    WWII, Vietnam War,War on Terror

    Do laws excused on the

    plea of necessity inwartime in fact tend tobecome the fixed rule

    once war is over?

    2007 letter requiring thatcertain email records besurrendered to the FBI

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    In which case did the Supreme Court rule constitutionalthe Espionage Act, which placed significant restrictions

    on speech and press during wartime?

    1. Ex parte Merryman

    2. Ex parte Milligan

    3. Adams v. Callender

    4. Schenck v. U.S.

    5. Not sure

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    We WantYOU

    To use ourcurriculum

    To let us know howthese resources work

    in your classroom

    To pilot or evaluate

    our curriculum