A Day for the Constitution

Having declared and won their independence from Great Britain, Americans enjoyed the freedom to establish for themselves state governments based on the principles of liberty, consent of the governed, and protection of natural rights. Most state constitutions included declarations of these principles, including the Virginia Declaration of Rights of 1776 and the Massachusetts Constitution of 1780. The thirteen states had also entered "into a firm league of friendship with each other" under the Articles of Confederation, adopted in 1781, in order to promote "their common defense, the security of their liberties, and their mutual and general welfare." The Articles of Confederation established a Congress charged with the "management of the general interests of the United States." Americans, therefore, had established for themselves state governments to provide for the safety and happiness of their own citizens, and a national government to take care of the general interests of all the states. Such were the promising circumstances in which American citizens found themselves during the early 1780s.

The above video produced by the National Archives uses primary sources stored in the vaults to illustrate how the compromises made at the Constitutional Convention in Philadelphia came together to become the U.S. Constitution. 

By 1786 it had become apparent to many Americans that all was not well. There were three general problems that contributed to the "melancholy situation" (as Alexander Hamilton called it in The Federalist No. 15) of the 1780s: first, problems within the states themselves; second, violations of the Articles of Confederation and of national treaties by the states; and third, the lack of powers on the part of Congress to get states to comply with the Articles and acts of national legislation. Within the states, the governments often acted in ways contrary to the ideal of good government as held forth in the state declarations of rights. The state governments also seemed incapable of dealing with the problem of majority factions. State governments flagrantly violated national treaties, ignored requisitions for funds passed by Congress, and continued to exercise powers prohibited by the Articles of Confederation. But arguably the most pressing problem was that the states frequently disregarded Congressional requisitions for funds to pay for national defense.

Many Americans came to believe that the problems of the 1780s arose largely from defects in the Articles of Confederation, which had given Congress too little power and therefore made it incapable of dealing effectively with national problems, and of keeping the state governments in compliance. In August of 1786, some members of Congress made an attempt to remedy these problems by proposing amendments to the Articles of Confederation, but the attempt failed because of division among Congressional delegates.

A discussion of these defects of the Articles took place among delegates from five states - Virginia, Delaware, Pennsylvania, New Jersey and New York - at Annapolis, Maryland in September of 1786. The delegates to the Annapolis Convention issued a report to their respective states, noting that "there are important defects in the system of the Federal Government," and recommending that Congress authorize a convention in the following May for the purpose of addressing these defects. On February 21, 1787, Congress passed a resolution authorizing "a Convention of delegates who shall have been appointed by the several states be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall…render the federal constitution adequate to the exigencies of Government & the preservation of the Union." Even as the states began to commission delegates to the Philadelphia Convention, however, different opinions formed about what the delegates should try to accomplish there. All of the delegates agreed that the Articles of Confederation should be amended, but many disagreed over how drastic the changes should be. The differences between the two groups over the purpose of the Convention would eventually lead to deadlock during the first two months of the Convention.

September 17th is Constitution Day, commemorating the day in 1787 when, at the end of a long hot summer of discussion, debate and deliberation, the delegates to the Constitutional Convention signed America’s most important document. George Washington, on behalf of the Convention, transmitted the proposed Constitution to the Congress assembled under the Articles of Confederation. Eleven days later, the Congress by unanimous resolution passed the proposal on to conventions of delegates to be chosen in each state. It was in these state conventions that the Constitution was thoroughly discussed, debated and eventually ratified.

NCSS.D1.1.9-12. Explain how a question reflects an enduring issue in the field.

NCSS.D1.2.9-12. Explain points of agreement and disagreement experts have about interpretations and applications of disciplinary concepts and ideas associated with a compelling question.

NCSS.D2.Civ.1.9-12. Distinguish the powers and responsibilities of local, state, tribal, national, and international civic and political institutions.

NCSS.D2.Civ.2.9-12. Analyze the role of citizens in the U.S. political system, with attention to various theories of democracy, changes in Americans’ participation over time, and alternative models from other countries, past and present.

NCSS.D2.Civ.3.9-12. Analyze the impact of constitutions, laws, treaties, and international agreements on the maintenance of national and international order.

NCSS.D2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

NCSS.D2.Civ.8.9-12. Evaluate social and political systems in different contexts, times, and places, that promote civic virtues and enact democratic principles.

NCSS.D4.1.9-12. Construct arguments using precise and knowledgeable claims, with evidence from multiple sources, while acknowledging counterclaims and evidentiary weaknesses.

NCSS.D4.3.9-12. Present adaptations of arguments and explanations that feature evocative ideas and perspectives on issues and topics to reach a range of audiences and venues outside the classroom using print and oral technologies (e.g., posters, essays, letters, debates, speeches, reports, and maps) and digital technologies (e.g., Internet, social media, and digital documentary).

Introducing the U.S. Constitution

The Preamble to the U.S. Constitution reads:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

At first, the Preamble may appear to be just an introduction to a document that lays out how the government of the United States will be organized and how laws shall be enacted. The Preamble, however, does more than just introduce one to the document. As the below video from The Aspen Institute discusses, the Preamble reflects the historical circumstances of the time and serves as a declaration of intent for how the document should be interpreted and applied.

Analysis and discussion questions:

• Develop a shared understanding of the terms and concepts within the Preamble: What is meant by a more perfect union? Justice? Tranquility? Common defense? General welfare? Liberty?

• Compare the meaning and intent behind these aspirations at the time of the writing of the Constitution with the purpose of government today.

• What personal responsibility do you feel toward acting in support of the goals established in the Preamble?

Select and analyze one of the aspirations (responsibilities?) included within the Preamble. Evaluate the extent to which it has been or is enacted faithfully by the government, the American public, and on an individual level. That is, have you upheld the responsibilities laid out in the Preamble?

• Form a more perfect union;
• Establish justice;
• Insure domestic tranquility;
• Provide for the common defense;
• Promote the general welfare;
• Secure the blessings of liberty.

Discuss these responsibilities in small groups or as a class or develop another way of unpacking and analyzing the Preamble to the U.S. Constitution as part of the Civics Renewal Network's Preamble Challenge.

Activity One. Students’ Rights and the Constitution

Do the rights of students cease or change from those of the public upon entering a school? This compelling question has been argued in a variety of ways by and on behalf of numerous students—including before the Supreme Court—and centers around interpreting the Constitution and Bill of Rights in relation to schools.

Recommended: This activity can be adapted by inviting a building Principal or Assistant Principal(s) to discuss how students’ rights decisions and the creation of policies at the school or in a district are informed by state and federal rulings. Topics such as school press, freedom of expression, reasonable suspicion for a search, and more come up in schools and have been decided by state and federal courts.

Begin by reviewing the Bill of Rights and reflect on the following: Other than the First Amendment, which amendment do you consider to be the most significant to your life? If you had to rank the amendments in order of importance to you and society, what would your top three amendments be and why?

Discuss the varied responses with particular attention to the rationale provided for each selection. Which amendments emerged as the most significant? Which were not mentioned? Does not being mentioned indicate something about priorities or rather an oversight regarding the significance of an amendment?

The First Amendment and School

Article III of the U.S. Constitution outlines the roles and responsibilities of the Supreme Court of the United States. According to Article III, Section 1:

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."

Since 1869, the Supreme Court has consisted of nine members, with one Chief Justice and eight Associate Justices. Traditionally, the Supreme Court begins its term on the first Monday of October and concludes its work in June. The following resources offer more on the history of the institution, its rulings, those who have served on the bench, and other relevant information about the highest court in the country. 

The First Amendment to the U.S. Constitution states:

"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."

Since its adoption, the First Amendment has been tested and debates around censorship, discrimination, restrictions, and other perceived and actual violations of the rights enumerated within this amendment have proliferated. Can the right to free speech go too far? Is requiring a permit to demonstrate an infringement on the right to assemble?  Are the rights of students in a school the same as those rights they are afforded outside of school?

To bring the Supreme Court and the First Amendment together, begin with an examination of the landmark Tinker v. Des Moines (1969) and use the activity handout provided to organize notes and analysis. The above video includes a short interview with Mary Beth Tinker who was at the center of the Supreme Court case about free speech in schools. The Tinker case involved a group of students who wore black armbands to school in protest of the Vietnam War. At issue: Did the decision to prohibit students from wearing armbands violate their free speech rights?

Supreme Court Case Research

If a school Principal or Assistant Principal is unavailable to discuss interpretations of the First Amendment in a school setting, choose from the list of Supreme Court cases below to learn more about how the first amendment has been enacted, restricted, and reinterpreted in relation to students and schools. After learning about the opposing viewpoints, decide how the first amendment should be interpreted and issue a ruling with justification based on the first amendment. Only after a decision has been rendered should students read how the case was decided.

• Hazelwood School District v. Kuhlmeier (1988)
• Bethel School District No. 403 v. Fraser (1986)
• Island Trees School District v. Pico (1985)
• School District of Abington Township, Pennsylvania v. Schempp (1963)
• New Jersey v. TLO (1985)
• Goss v. Lopez (1975)
• Roper v. Simmons (2005)

EDSITEment’s Oyez! Oyez! Oyez!: Simulating the Supreme Court lesson provides a fuller activity on analyzing Supreme Court cases related to students’ rights and facilitating a simulation.

Consider the Comparing Constitutions activity below to draw comparisons between how freedoms protected by the First Amendment in the U.S. Bill of Rights are enumerated in the constitutions of other nations.

Activity Two. Whose Rights?: Interpreting the 9th and 10th Amendments

The men who wrote the U.S. Constitution represented states varying in population size, wealth, power, and influence. As a result, there were concerns as to how representation in Congress and the Senate would be determined and whether geography would result in an unequal distribution of power within the new government. Steps were taken during the writing of the Constitution to ensure presidential elections would not be dictated by larger states (the Electoral College) and representation in the Senate would not favor one state over another (two Senators for every state), but concerns remained as to how states would maintain autonomy and local decision-making power.

With the creation of the Bill of Rights, rights granted to the people and the states remained an issue, so the 9th and 10th Amendments were created to assuage concerns.  To what extent, however, have these amendments fulfilled their intent?

Begin by reviewing the EDSITEment handout containing primary sources produced during the debates between the Federalists and Anti-federalists. This secondary source provided by U.S. History offers insight into some of the perspectives presented during the 1770s and 1780s on the debate over federal and state Constitutions. 

Analyze the 9th and 10th Amendments provided in the EDSITEment handout to determine the degree to which they address concerns raised by the Federalists and Anti-federalists over the rights of states and individuals under a federal Constitution. 

This short video produced by James Madison's Montpelier explains the arguments made in favor of the Tenth Amendment during the writing of the Bill of Rights and why it remains relevant today.

To go further in your inquiry on states’ rights and the Bill of Rights, investigate issues that have emerged in your state that bring the 10th Amendment into question and determine how best to resolve the issue. Begin by analyzing your state Constitution and reviewing local news to identify an issue or issues that have emerged within your state over time regarding federalism.

Consider the following questions when comparing your state constitution with the U.S. Constitution: 

• How are amendments made to the U.S. Constitution?
• How are amendments made to your State Constitution?
• How has the Supreme Court interpreted the 9th and 10th Amendments?
• Compare the arguments offered by the scholars included in the Constitution Center materials on the 10th Amendment before constructing your response to the essential question: To what extent has the 10th Amendment fulfilled its intent?

Activity Three. Comparative Constitutions

The Constitution of the United States, the great experiment in democracy, remains a unique and influential document in the history of governance across the world. As such, many nations have borrowed from the U.S. Constitution when forming their own government and chose to include topics and issues that history has shown to be of great concern and controversy if left unaddressed.

How old does someone have to be before they can run for President in Mexico? What is the difference between a Prime Minister and a President, and why might a country have both? Which countries include education and employment within their Constitution? These questions and a host of other scan be explored and evaluated through this comparative analysis activity.

The Global Change Lab at the University of Oxford provides a collection of data to learn about the state of democracy and democracies in the world. Use the “Our World in Data: Democracy” and the Pew Research Center, along with any individual research you conduct, to answer the following:

• What nations are identified as having a democratic form of government?
• What trends regarding democracy and democratic practices across the world do the data reveal?
• What events or issues do you think account for changes regarding democratic practices in a nation and/or the world?

Comparing Constitutions

Familiarize yourself with the home page of The Constitute Project. Note that there are tools to the left and right of the screen for comparing two constitutions and analyzing these documents according to topics and subjects. You can also choose to focus on specific components of a government (Executive, Legislative, Judicial), Rights and Duties, Elections, and more. Perhaps comparing the Preambles for both documents is of interest. Before proceeding, scroll down to select the U.S. Constitution as one of the two constitutions you will analyze.

Select a second nation with which to compare the U.S. Constitution. Draw from the global data about democracy and democratic governments you analyzed when choosing your second constitution. As an example, the video below produced by the Civics Academy of South Africa explains how the Republic of South Africa developed its Constitution following the first free elections in 1994, the structure of the South African government, and what the document means for rights and responsibilities.

Using The Constitute Project, select an issue or topic (Education, Voting, Citizenship, etc.) to investigate. Use the search feature or the drop-down menus available at The Constitute Project to help you identify those contained across the database.

Consider the following questions as you analyze the two Constitutions and design your own inquiry questions:

• What elements of the U.S. Constitution are present in the second Constitution you are analyzing?
• What differences regarding rights and cultural or social issues exist between the two documents? To consider further why this is the case, conduct independent research using newspapers and primary source resources produced by those living in the nation you are studying.
• Based on your analysis of other national Constitutions, what amendments would you propose to the U.S. Constitution and what difference do you think this would make (refer back to the Preamble activity when constructing your response). This question can be answered individually or collaboratively with a student or students who studied a different constitution. 

Reflect on the discussions and primary source analysis as closure for the Constitution Day lesson. Consider the Preamble, rights versus responsibilities, evaluating the proper role of government, and other issues that emerged during the lesson. Consider the following questions and prompts when designing your closure activity:

• What does it mean to “form a more perfect union” and how can we do it?
• Are you more concerned with violations of your rights or taking up your responsibilities to uphold your rights?
• What is your stake in the state of democracy in the U.S. and abroad?
• How and why should we commemorate the U.S. Constitution?
• Compose a social media post with an original image of your own design on something you learned about the Constitution today.
• Have you been involved in an issue or circumstance related to the first or fourth amendment? What was the circumstance, how was it resolved, and what did you learn about the Constitution today that informs your understanding of how these decisions are made?
• Is there an issue or debate being covered in the news that is related to today’s discussion about the Constitution? What is the issue, what are the competing perspectives, and, based on your knowledge of the U.S. Constitution, how should it be resolved?
• Examine your local and state courts to learn more about who the Judges are, if they are elected or appointed, and how their decisions may have affected you and the laws you are expected to follow.

• American Bar Association
• Annenberg Learner
• Annenberg Public Policy Center of the University of Pennsylvania
• The Bill of Rights Institute
• Center for Civic Education
• Center for the Study of the American Constitution at the University of Wisconsin-Madison
• Civics Renewal Network
• Constitution Day
• Constitutional Rights Foundation
• The Constitutional Sources Project
• Florida Joint Center for Citizenship at the Louis Frey Institute
• Gilder Lehrman Institute of American History
• iCivics
• Library of Congress
• National Archives and Records Administration
• National Constitution Center
• National History Day
• Street Law
• Youth Leadership Initiative