History of the Constitution

The History of the Constitution

Constitution Day Considerations

Objectives:

• To encourage students to think about the philosophical and historical roots of the Constitution.

• To have students consider modern government in light of the Framers’ original intentions.

Instructional suggestions:

1. Review with students the events leading up to the Constitutional Convention and the writing and ratification of the Constitution. Two excellent resources are www.archives.gov and www.constitutioncenter.org . The Missouri Bar highly recommends the Random House’s The Constitution of the United States of America: A Teacher’s Guide, found at www.constitutioncenter.org

2. Distribute the student handout and discuss the questions in class or in small groups. Have the class consider if they would like for The Missouri Bar Constitution Day panelists to comment on any of these issues. If so, formulate questions for consideration.

Enrichment and extension:

1. The Preamble is an important philosophical part of the Constitution. Reflect on it by using the lesson plan on it found on www.mobar.org in the Constitution Day section.

2. Research both the Magna Carta and the English Bill of Rights. What ideas from these documents are contained in our Constitution? Compare and contrast a parliamentary government (Great Britain) and a republican form of government (United States).

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Student Handout—The History of the Constitution

The History of the Constitution

Constitution Day Considerations

1. How did the Framers’ early experiences with democratic colonial governments and their beliefs about government influence how they set up the new government? How did the abuses the Framers suffered under British rule affect how they wrote the Constitution?

2. As he left the Constitutional Convention, Benjamin Franklin allegedly was asked what had come out of the convention and he responded, “A republic, if you can keep it.” What do you think he meant by that? Why do you think we have been able to keep this republic?

3. Consider some of the compromises the Framers made at the Constitutional Convention. Do you think the Great Compromise, which resulted in two houses of Congress, is still a good idea today? As you discuss this issue, consider how the formula for deciding the number of each state’s congressional delegation is the number of electoral votes each state gets. The other major compromises were about slaves—3/5 clause, Fugitive Slave provision, allowing importation of slaves until 1808. How would you have handled the slavery issue if you had been a delegate? Why do you think anti-slavery Framers agreed to these compromises?

4. Do you think we need a constitutional convention to consider writing a new constitution? Why or why not. Why do you think our Constitution has survived for over 200 years? Do you think the proceedings of a modern constitutional convention could be kept as secret as the first one?

5. What do you think of the idea of federalism—the states have some powers and the national government has others? What powers do you think each should have—what decisions are better made at the national level? At the state level?

6. Our government is one of separation of powers and checks and balances. What do we mean by that? How does the Constitution provide for both of these concepts? Do you think the branches have equal power? Why or why not?

7. The Founders and Framers both feared an executive branch that was too strong; they did not want a king. How do you think they would view how the role of the president has changed over the last 200 years?