Hello – My name is (go ahead and introduce yourself, tell the class a little bit about your background)
I would like to wish you all a Happy Constitution Day!
Refer to a topic the class has been studying….(When coordinating with the teacher, ask what the class has been studying)
Example question for very young students:
By now you have all studied the pilgrims, and why they came to our country in the 1600s
*So, can anyone tell me what the pilgrims were looking for and why they came here?
‐‐They were angry at the King of England and wanted to make their own rules
‐‐They had left the Church of England over different religious beliefs, and wanted freedom of religion
Example questions for fourth graders:
You are studying Indiana history and the structure of the government.
*Why did the people who formed the government believe there was a need to have a set of laws?
*Who is responsible for making laws, enforcing laws and interpreting laws in Indiana?
Example question for middle schoolers:
You’ve learned about the American Civil War and the end of slavery in this country.
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*The Civil War ended slavery for 3.5 million blacks in the Confederacy, and was the catalyst for what constitutional amendment? When was the amendment passed?
‐‐Thirteenth Amendment passed in December, 1865. Slaves in the border states and those located in some former Confederate territory occupied before the Emancipation Proclamation were freed by state action or by the Thirteenth Amendment (Neither slavery nor involuntary servitude…. shall exist within the United States….)
*Can anyone tell me what a Constitution is?
(Lots of possible answers but some might include)
‐‐a list of laws or rules
‐‐the rights and or responsibilities that we have as citizens
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*So what is a Constitution?
‐‐A constitution is an agreement among people. It is a “deal” or a contract we make with each other and with the government. We write down this agreement so it can be more easily understood and enforced.
Look at your study guide, “The U.S. Constitution”….
‐‐The United States Constitution was originally signed more than 200 years ago today, in 1787. ‐‐It has an introduction called a Preamble and it has 7 Articles.
‐‐Later, we would add 27 different amendments to it.
*Can anyone tell me how the Preamble starts?
‐‐We the people of the United States, in order to form a more perfect Union….
*Does anyone know what we call the first 10 of those amendments? ‐‐The Bill of Rights (Your study guide, the “Bill of Rights” tells you about those amendments.)
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So why are Constitutions important?
‐‐Imagine for just a second that your classroom was all on its own. There is no teacher, no principal, no parents, and no rules.
*What do you think that would be like?
‐‐Yes, you would be able to do whatever you wanted
‐‐But, there would probably also be a great deal of disorder
‐‐Some people might even be unfair and mean to other people who are less powerful than they are
‐‐And at some point, some of you would probably decide to create a set iof rules for the benefit of everyone in the class, and to protect those who can’t protect themselves.
So Constitutions are important because they give us those rules.
Our Constitution:
‐‐Helps to define our responsibilities as citizens (For example our responsibility to serve on a jury, to follow laws, to vote and to pay taxes)
‐‐Helps the government understand its responsibilities (Such as listening to and serving the people, following the law)
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Without a Constitution, we risk having a government that has too much power and a society that is too chaotic.
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Look at your study guide “Bill of Rights.”
*What are some of the rights that the Constitution protects?
The first one I’ll talk about is the First Amendment.
‐‐It says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….”
The first right it deals with is Freedom of Religion.
*Why is the freedom of religion so important?
‐‐Without our Constitution, government would be able to force religious beliefs on its citizens
‐‐Without our Constitution, government might be able to prevent you from practicing your religion
We see this happening in other places in the world that don’t have constitutions.
Sometimes we see it in our own communities:
‐‐A judge in Indiana stopped the city of Evansville from letting some people put up 31 six‐
foot‐tall plastic crosses on city‐owned property along the riverfront. The judge said the display violated the First Amendment. She said, “A display of that magnitude crosses the 4
line into endorsement of a specific religion.”
*When does a religious display on public property cross a constitutional line?
‐‐When a judge rules that it endorses a specific religion
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Look at the First Amendment again….
You’ll notice that it doesn’t just deal with religion.
‐‐It also says that Congress shall make no law… “abridging the freedom of speech, or of the press, or the right of the people to assemble and petition the government for a redress of grievances.”
*So what does this mean?
Freedom of speech
‐‐Means that although your parents and some adults can tell you what you can and cannot say‐‐by and large‐‐ the government can’t.
‐‐Look at this slide… A judge ruled that the government could not stop a police officer from having a license plate that says “0INK”
Freedom of the press
‐‐Means that the government can’t stop the news media from reporting and publishing the news, unlike some countries whose governments put reporters in jail.
Freedom to assemble
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‐‐Means the government has to allow us to gather in groups to discuss and protest the things we want to change.
*Can you name a protest you have heard about?
‐‐The March on Washington in 1963
‐‐Women’s Suffrage marchers in the early part of the 20th Century
‐‐Protests against wars in Vietnam, Iraq and other places
‐‐Occupy Wall Street
‐‐#BlackLivesMatter
Freedom to petition
‐‐Means the government has to provide us with a way to complain and make changes, known as a petitioning the government for a redress of grievances.
‐‐Right now there are petitions to make Election Day a national holiday; to close the military prison in Guantanamo Bay, Cuba; and there’s even one to transfer the manufacture of Hostess Twinkies to the federal government for safe‐keeping.
*What would you petition the government to change?
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Look at your Bill of Rights handout.
The Fourth Amendment reads:
‐‐“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated.”
‐‐It also says that the government must have a reason to conduct a search and that this reason must be demonstrated by a “warrant” that is issued by a judge.
Without our Constitution, what would stop police officers from indiscriminately arresting and searching people?
‐‐A judge in Indiana struck down a law that permitted police to arrest and search people who had immigration documents ‐‐ for no other reason than the fact that they had those documents.
*When do you think it is OK for government officials to question people and search their personal possessions?
‐‐A woman was held by government officials at the airport who told her they’d been “reading her emails for a year.” They asked her very personal questions and did not permit her to leave for almost six hours.
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*What are some things you think the government doesn’t have the right to search without a good reason?
‐‐Your desk or locker
‐‐Your back pack
‐‐Your house
‐‐Your computer or cell phone
‐‐Your body
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Look at your “Bill of Rights” handout
The 14th Amendment requires that States give everyone “equal protection of the laws.”
So this means that the government can’t practice discrimination.
*What are some times when discrimination has been allowed or even endorsed in our society?
‐‐Japanese internment camps during World War II
‐‐Prohibition of interracial marriage in a case called Loving v. Virginia
‐‐Discrimination in military colleges based on sex (1996 U.S. Supreme Court ruling in U.S. v. Virginia, which struck down the Virginia Military Institute’s male‐only admission policy)
• Without our Constitution a girl in Winamac, Indiana would have been prohibited from even trying out for her school’s football team. A judge decided the prohibition violated the Equal Protection Clause of the 14th Amendment and the case was dismissed. The girl was given the opportunity to try out for the team.
• Two women just graduated from Army Ranger school and over the past year, three 7
women have entered into professional sports in roles held traditionally by males: Jen Welter, Arizona Cardinals football coaching staff; Becky Hammon, assistant coach for the San Antonio Spurs basketball; and Sarah Thomas, first full‐time woman referee in the National Football league.
• Where would women in professional sports be without equal protection of the laws and federal laws that allowed them to participate in school programs? (Title IX)
Perhaps discuss Loving v. Virginia (states may not prohibit interracial marriage) or Obergefell v. Hodges (states may not prohibit marriage between members of the same sex).
• How does equal protection of the laws apply to marriage? What did these decisions mean?
*Can you think of some examples of discrimination?
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Periodic elections keep government officials accountable to the people they represent:
‐‐The President of the United States runs for election and if he wins, he can run again in four more years.
‐‐Members of the House of Representatives must run for election every 2 years.
‐‐United States Senators must run for election every 6 years.
*So why is it important to vote?
‐‐Periodic elections force candidates for political office to constantly check back with us, the American people. Because we don’t just elect them and walk away. We elect them, then we watch them and consider their actions before the next election.
*How old do you have to be in order to vote?
‐‐The Twenty‐sixth Amendment, passed in 1971, prohibits states and the federal government from using age as a reason for denying citizens who are at least 18 years old the right to vote. The drive to lower the voting age from 21 to 18 grew across the country during the 1960s, driven in large part by student activism to protest the Vietnam War.
*Bonus: Why would the Vietnam War be a catalyst to change the voting age?
‐‐People thought that if you were old enough to fight in a war, you were old enough to 8
vote.
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James Madison, our 4th U.S. President, argued that the best way to limit government was to have “ambition counteract ambition.”
What does this mean?
‐‐It means that we should have different parts of government watch each other, limit each other and check each other.
‐‐It’s a way to keep any one person or group from having too much power
So we have a separation of powers in three branches of government:
*Who can name a branch of government?
‐‐Executive
‐‐Legislative
‐‐Judicial
These branches of government provide something we call “checks and balances” and they also slow down the decision‐making process.
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Consider for a moment the silliest thing you did today or yesterday.
*Would you have done that silly thing if you stopped and thought about it first?
*Would you have done it if you first consulted your family, friends or teachers?
‐‐That’s the beauty of slowing down the decision‐making process and checking your actions with others.
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What makes our Constitution work?
‐‐It is us… elections reflect our will… so we have to be informed, and we have to be involved.
‐‐The Constitution and the Bill of Rights protect the individual and help prevent the abuse of power, but only if we assert our rights.
‐‐Constitutional mechanisms slow the process down, but it only works when we think about each other and care about each other’s welfare.
What the Constitution really is…
It’s a tool we use to make all our lives better.
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So what is a constitution?
‐‐Tool we use to make our lives better
‐‐Deal or contract we make with ourselves and our government
Bonus: Does anyone know where the original Constitution of the United States currently is?
‐‐National Archives in Washington, D.C.
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How do we limit government?
‐‐Bill of Rights
‐‐Periodic Elections
‐‐Constitutional Mechanisms (separation of powers and checks and balances… three branches of government)
Why do we limit government?
‐‐To keep it from having too much power
Can anyone name the three branches of government?
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Name some of the rights or amendments we talked about
‐‐First Amendment
‐‐Freedom of Religion
‐‐Freedom of Speech
‐‐Fourth Amendment
‐‐Prohibition of Searches and Seizures
‐‐Fourteenth Amendment
‐‐Equal Protection of the Laws
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*What are some rights and Amendments we didn’t discuss?
‐‐Voting rights (We discussed the need to vote, but we didn’t talk about the RIGHT to vote. The Constitution recognizes a fundamental right to vote)
‐‐Second Amendment right to bear arms
‐‐Third Amendment quartering soldiers in houses
‐‐etc.
*How might the Constitution have looked different if different people had been involved in writing it?
‐‐Equal rights for minorities
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Thank you for having me in your class!
Be sure to play some fun games on the Constitution Day website https://constitutionday.aclu.org! 16