Founding Fathers

YOUR TASK:
Name as many of the founding
fathers as you can!
There are 89!
0-10 = Poor
11-15 = OK
16-25 = Great
26+ = Genius
 Enquiry Question:
Why was the Bill of Rights added to the constitution?
 Learning Outcomes
• To understand the reasons why and how the Bill of
Rights was added to the constitution
• To explain the rights and restrictions that are defined
by the first five amendments of the Bill of Rights in
the United States Constitution
• To analyse the extent to which there is debate over
the nature of the rights contained in the Bill of Rights
 Why wasn’t the Bill of Rights
originally in the US Constitution?

Watch the video clip!

 Why was the Bill of Rights added?
• On September 17, 1787, in the city of Philadelphia, 39 of the 55
delegates to the Constitutional Convention signed the newly
negotiated United States Constitution.
• Many of those who did not sign refused to do so because the
document did not include a “Bill of Rights” that would both secure
basic civil rights for its citizens and define the limits of the federal
government’s power - Debates raged over this lack of a Bill of Rights.
• In the solution known as the Massachusetts Compromise, 4 states
agreed to ratify the document if their recommendations would be
sent to Congress for consideration. Subsequently, Congress approved
twelve of those amendments to the Constitution in 1789.
• Ten of these were ratified by the states and became the Bill of Rights.
Defining the Constitution Video Clip
 Why was the Bill of Rights added?
• When the Constitution was signed in 1787, it was missing a Bill of
Rights.
• But many people in the ratifying conventions that followed believed
that the Constitution needed a section that preserved fundamental
human rights.
• James Madison set out to write this section. Madison’s Influence on
the Constitution Video Clip
• Madison introduced his ideas at the First United States Congress in
1789, and, on December 15, 1791, the Bill of Rights was ratified by
three-fourths of the states.
• More than 300 years later, the Bill of Rights still protects many of the
rights that Americans hold most dear, including freedom of speech
and of the press, the right to bear arms, and protection from
unreasonable search and seizure.
• What is the purpose of the Bill of Rights, set out
in the preamble?
• Why was this important to the Founding Fathers?
 Learning Outcomes
• To understand the reasons why and how the Bill of
Rights was added to the constitution
• To explain the rights and restrictions that are defined
by the first five amendments of the Bill of Rights in
the United States Constitution
• To analyse the extent to which there is debate over
the nature of the rights contained in the Bill of Rights
 Analysing Constitutional
Documents
YOUR TASK:
• In order to accomplish this the you are going to
do a careful reading as you analyse the text and
then restate the various parts of the amendment
so it makes sense to you.
• Study the exact language of the amendments in
order to understand not only the intent of the
Founding Fathers, but also the way that these
words could have been since been interpreted.
• Complete the worksheet “Analysing the Bill of
Rights”.
 Simplified Bill of Rights
1 Freedom of religion, speech, press, assembly, and petition.
Right to keep and bear arms in order to maintain a well
2
regulated militia.
3 No quartering of soldiers.
4 Freedom from unreasonable searches and seizures.
Right to due process of law, freedom from self-incrimination,
5
double jeopardy.
Rights of accused persons, e.g., right to a speedy and public
6
trial.
7 Right of trial by jury in civil cases.
8 Freedom from excessive bail, cruel and unusual punishments.
9 Other rights of the people.
10 Powers reserved to the states.
 Learning Outcomes
• To understand the reasons why and how the Bill of
Rights was added to the constitution
• To explain the rights and restrictions that are defined
by the first five amendments of the Bill of Rights in
the United States Constitution
• To analyse the extent to which there is debate over
the nature of the rights contained in the Bill of Rights
 What is the nature of the rights
enshrined in the constitution?

YOUR TASK:
• To prepare for a debate on the nature
of rights in the Constitution.
• Read, highlight and annotate the 2
pieces of preparatory reading.
• Use a printed copy or access digital
copies here: Historical Debates on
Rights and Modern Debates on Rights
CASE STUDY: What rights does the 1ST Amendment protect?

“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.”
In theory all of these rights are absolute but how does the
1st amendment work in practice?
 1st Amendment:
Protection of free speech
Protects ALL Free Speech
Except:
• Hate speech (sometimes!)
• Inciting Violence
• Supporting Terrorism
• Public Employee Speech
• Defamation
• Intellectual Property Crash Course:
• True Threats Free Speech
 Thinking Point
Should ALL speech be protected?

Chaplinsky v. State of New Hampshire (1942)

“There are certain well-defined and narrowly limited classes of

speech, the prevention and punishment of which have never been
thought to raise any constitutional problem. These include the
lewd and obscene, the profane, the libellous, and the insulting or
'fighting' words—those which by their very utterance inflict injury
or tend to incite an immediate breach of the peace. It has been
well observed that such utterances are no essential part of any
exposition of ideas, and are of such slight social value as a step to
truth that any benefit that may be derived from them is clearly
outweighed by the social interest in order and morality.”
 CASE STUDY
Should ALL speech be protected?
Dove World Outreach Center Quran-burning Controversy
 How has the Supreme Court protected
freedom of speech?
YOUR TASK:
“Religious beliefs need 1. For each case, identify
not be acceptable, the specific 1st
logical, consistent or amendment right that
comprehensible to others is/is not being protected.
in order to merit First 2. Are there any cases you
Amendment protection” feel the protection of
(Supreme Court Justice Anthony Kennedy) freedom of speech does
not go far enough?
Can a similar argument 3. Are there any cases you
be made for free feel the protection of
freedom of speech goes
speech? too far?
 DEBATE:
Should free speech be free-er?

Current protections of free speech…

Go too far – there is not enough Do not go far enough – too much
restriction on speech speech is not protected
 Learning Outcomes
• To understand the reasons why and how the Bill of
Rights was added to the constitution
• To explain the rights and restrictions that are defined
by the first five amendments of the Bill of Rights in
the United States Constitution
• To analyse the extent to which there is debate over
the nature of the rights contained in the Bill of Rights
Bill of Rights Quiz!
 Homework
Application Task:
What is the separation of powers, and does it
help or hinder the US system of government?
Flipped Learning Preparation Task:
The Amendment Process (Pearson p324-327)
Stretch & Challenge Task
What Rights Does the Constitution Protect? Our
Constitution (p20-27) [5e.]