Missing Links by zhangyun

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									         Missing Links
The Evolution of Our Principles




           Anthony Fitzpatrick
The American Institute for History Education
                 Texas State Standards
•   (4) History. The student understands significant political and economic issues of
    the revolutionary era. The student is expected to:
•   (A) analyze causes of the American Revolution, including mercantilism and British
    economic policies following the French and Indian War;
•   (B) explain the roles played by significant individuals during the American
    Revolution, including Samuel Adams, Benjamin Franklin, King George III, Thomas
    Jefferson, the Marquis de Lafayette, Thomas Paine, and George Washington;
•   (C) explain the issues surrounding important events of the American Revolution,
    including declaring independence; writing the Articles of Confederation; fighting
    the battles of Lexington, Concord, Saratoga, and Yorktown; and signing the Treaty
    of Paris; and
•   (D) analyze the issues of the Philadelphia Convention of 1787, including major
    compromises and arguments for and against ratification.
•   (5) History. The student understands the challenges confronted by the
    government and its leaders in the early years of the Republic. The student is
    expected to:
•   (A) describe major domestic problems faced by the leaders of the new Republic
    such as maintaining national security, creating a stable economic system, setting
    up the court system, and defining the authority of the central government;
•   (B) summarize arguments regarding protective tariffs, taxation, and the banking
    system;
              The Preamble:
• 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.
                              We the People
Publius: The Federalist 46
(January 29, 1788)                                   A Patriotic Citizen (May 10, 1788)
•   The Federal and State Governments are in         •   Finally, let us bear in mind that the people
    fact but different agents and trustees of the        are the sole, the great source from which all
    people, constituted with different powers,           powers delegated to the federal government,
    and designated for different purposes. The           by this truly democratic constitution, are to
    adversaries of the Constitution seem to have         flow; and that if ever they be enslaved, it
    lost sight of the people altogether in their         must be by a spontaneous surrender of their
    reasonings on this subject; and to have              liberties; for they are not only vested with
    viewed these different establishments, not           the power of election, of impeachment, and
    only as mutual rivals and enemies, but as            dismission from office for misdemeanors,
    uncontrouled by any common superior in               and of further punishing the culprits by the
    their efforts to usurp the authorities of each       violated laws of their country; but they will
    other. These gentlemen must here be                  always enjoy the invaluable privilege of
    reminded of their error. They must be told           making such alterations in their constitution
    that the ultimate authority, wherever the            as may, from time to time, be found
    derivative may be found, resides in the              necessary, still further to secure those
    people alone; and that it will not depend            liberties which have been purchased by the
    merely on the comparative ambition or                martyrdom of their fathers, and this, too,
    address of the different governments,                they will be enabled to effect in a manner
    whether either, or which of them, will be            unknown in the political revolutions of other
    able to enlarge its sphere of jurisdiction at        countries- without the effusion of human
    the expence of the other.                            blood.
                    More Perfect Union
A Landholder II (November 12,                      Publius: The Federalist 39
1787)                                              (January 16, 1788)
•   When we call ourselves an independant
    nation it is false, we are neither a nation,   • But it was not sufficient, say the
    nor are we independant. Like thirteen            adversaries of the proposed
    contentious neighbours we devour and             Constitution, for the Convention
    take every advantage of each other, and          to adhere to the republican form.
    are without that system of policy which          They ought, with equal care, to
    gives safety and strength, and constitutes       have preserved the federal form,
    a national structure. Once we were               which regards the union as a
    dependant only on Great-Britain, now we          confederacy of sovereign States;
    are dependant on every petty state in the        instead of which, they have
    world and on every custom house officer          framed national government,
    of foreign ports. If the injured apply for       which regards the union as a
    redress to the assemblies of the several         consolidation of the States. And it
    states, it is in vain, for they are not, and     is asked by what authority this
    cannot be known abroad. If they apply to         bold and radical innovation was
    Congress, it is also vain, for however wise      undertaken.
    and good that body may be, they have not
    power to vindicate either themselves or
    their subjects.
                                  Establish Justice
    Publius: The Federalist 51
    (February 6, 1788)                                       Cato III (October 25, 1787)
•    Justice is the end of government. It is the end     •   The recital, or premises on which this new form of
     of civil society. It ever has been, and ever will       government is erected, declares a consolidation or
     be pursued, untill it be obtained, or untill            union of all the thirteen parts, or states, into one
     liberty be lost in the pursuit. In a society
     under the forms of which the stronger                   great whole, under the firm of the United States, for
     faction can readily unite and oppress the               all the various and important purposes therein set
     weaker, anarchy may as truly be said to reign,          forth.-But whoever seriously considers the immense
     as in a state of nature where the weaker                extent of territory comprehended within the limits
     individual is not secured against the violence
     of the stronger: And as in the latter state             of the United States, together with the variety of its
     even the stronger individuals are prompted              climates, productions, and commerce, the
     by the uncertainty of their condition, to               difference of extent, and number of inhabitants in
     submit to a government which may protect                all; the dissimilitude of interest, morals, and
     the weak as well as themselves: So in the
     former state, will the more powerful factions           policies, in almost everyone, will receive it as an
     or parties be gradually induced by a like               intuitive truth, that a consolidated republican form
     motive, to wish for a government which will             of government therein, can never form a perfect
     protect all parties, the weaker as well as the          union, establish justice, insure domestic tranquility,
     more powerful.
                                                             promote the general welfare, and secure the
                                                             blessings of liberty to you and your posterity, for to
                                                             these objects it must be directed: this unkindred
                                                             legislature therefore, composed of interests
                                                             opposite and dissimilar in their nature, will in its
                                                             exercise, emphatically be, like a house divided
                                                             against itself.
        Insure Domestic Tranquility
Brutus, Junior (November 08,         George Nicholas to James
1787)                                Madison (April 05, 1788)
• 2d. That if the system be not      • Their only object could be to
  received, this country will be       wish to foment a civil war to
                                       destroy government, which
  without any government, and          they suppose not perfect; but
  of consequence, will be              if this government is rejected,
  reduced to a state of anarchy        America will be left without
  and confusion, and involved in       one, at least only in possession
                                       of one which all parties agree
  bloodshed and carnage; and in        is insufficient; it will therefore
  the end, a government will be        be our duty to state to the
  imposed upon us, not the             people the necessity of a
  result of reason and reflection,     change and place in it's true
                                       point of view the one now
  but of force and usurpation.         offered.
    Provide for the Common Defense
Publius: The Federalist 7 (November        Newspaper Report of Massachusetts Ratification
15, 1787)                                  Convention Debates, P.M. (January 18, 1788)
•   America, if not connected at all, or   •   If, says he, a part of the union is attacked by a
                                               foreign enemy and we are disunited, how is it to
    only by the feeble tie of a simple         defend itself? Can it by its own internal force? In the
    league offensive and defensive,            late war, this state singly was attacked, and obliged
                                               to make the first defence. -What has happened may
    would by the operation of such             happen again. The State, oppressed, must exert its
    opposite and jarring alliances be          whole power and bear the whole charge of the
                                               defence: but common danger points out for
    gradually entangled in all the             common exertion; and this Constitution is
    pernicious labyrinths of European          excellently designed to make the danger equal. Why
                                               should one state expend its blood and treasure for
    politics and wars; and by the              the whole? Ought not a controuling authority to
    destructive contentions of the             exist, to call forth, if necessary the whole force and
    parts, into which she was devided,         wealth of all the States? If disunited, the time may
                                               come when we may be attacked by our natural
    would be likely to become a prey to        enemies. -Nova-Scotia, and New-Brunswick, filled
    the artifices and machinations of          with tories and refugees, stand ready to attack and
                                               devour these states, one by one. This will be the
    powers equally the enemies of              case, if we have no power to draw forth the wealth
    them all. Divide et impera must be         and strength of the whole, for the defence of a part.
                                               Then shall we, continues the Hon. Gentleman, see,
    the motto of every nation, that            but too late, the necessity of a power being vested
    either hates, or fears us.                 somewhere, that could command that wealth and
                                               strength when wanted.
       Promote the General Welfare
Journal Notes of the Virginia Ratification   Theophilus Parson's Notes of the
Convention Proceedings (June 24, 1788)       Massachusetts Ratification
•   They will search that paper, and see     Convention, P.M. (January 21, 1788)
    if they have power of
    manumission.-And have they not,          • Gen. BROOKS, of Lincoln.
    Sir-Have they not power to provide
    for the general defence and                Has doubts about the clause
    welfare-May they not think that            of the general welfare—
    these call for the abolition of
    slavery-May they not pronounce all         whether there should not
    slaves free, and will they not be          have been some limitation.
    warranted by that power? There is
    no ambiguous implication, or             • Gen. THOMPSON seems to
    logical deduction-The paper speaks
    to the point. They have the power          think nobody now
    in clear unequivocal terms; and will       understands it.
    clearly and certainly exercise it.
      Secure the Blessings of Liberty
Journal Notes of the Virginia Ratification      Thomas Lloyd's Notes of the Pennsylvania
Convention Proceedings (June 6, 1788)           Ratification Convention (November 28, 1787)
• There are still a multiplicity of             • JAMES WILSON: I concur most sincerely, with
    complaints of the debility of the laws.          the honorable gentleman who was last up, in
    Justice in many instances is so                  one sentiment, that if our liberties will be
    unattainable that commerce may in fact           insecure under this system of government, it
                                                     will become our duty not to adopt, but to
    be said to be stopped entirely. There is         reject it. On the contrary, if it will secure the
    no peace, Sir, in this land: Can peace           liberties of the citizens of America, if it will
    exist with injustice, licentiousness,            not only secure their liberties, but procure
    insecurity, and oppression? These                them happiness, it becomes our duty, on the
    considerations, independent of many              other hand, to assent to and ratify it.
    others which I have not yet                 • But, before I proceed, permit me to make
    enumerated, would be a sufficient                one general remark. Liberty has a formidable
    reason for the adoption of this Consti-          enemy on each hand; on one there is
    tution, because it secures the liberty of        tyranny, on the other licentiousness. In order
                                                     to guard against the latter, proper powers
    the citizen, his person, and property,           ought to be given to government; in order to
    and will invigorate and restore                  guard against the former, those powers
    commerce and industry.                           ought to be properly distributed.
                 Practice time:
• The Preamble was a warm-up.
• Use the document packet to find the missing
  links to the Bill of Rights.
  – There’s some REALLY great stuff to be found!
     • You’ll be assigned 1-2 amendments (depending on
       room set-up).
     • Use the documents in your packet to connect the links!
                                         The Bill of Rights
•   Amendment I
•   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.
•   Amendment II
•   A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be
    infringed.
•   Amendment III
•   No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be
    prescribed by law.
•   Amendment IV
•   The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be
    violated, and no Warrants shall issue , but upon probable cause, supported by Oath or affirmation, and particularly describing the place to
    be searched, and the persons or things to be seized.
•   Amendment V
•   No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,
    except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any
    person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
    witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for
    public use, without just compensation.
•   Amendment VI
•   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district
    wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the
    nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses
    in his favor, and to have the Assistance of Counsel for his defence.
•   Amendment VII
•   In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact
    tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
•   Amendment VIII
•   Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
•   Amendment IX
•   The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
•   Amendment X
•   The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
    respectively, or to the people.
            How I envision it -
• Using the cut-outs provided on the next slides
  to make it a physical project that students can
  create and show the “parent” documents
  linked to the children – etc.

• It can also be done with links of a chain.
                         Insure Domestic
                            Tranquility:


In the body:
Document excerpt
and description of
meaning. With ESP

In the head – the date

In the connecting
arms: “Insure
Domestic Tranquility”
               Not only . . .
• Can we investigate the debate just before and
  during the ratification process – we can also
  see just how nervous and unsure the major
  players were about the stability of our new
  nation.
          Extension Activities
• Compare and Contrast the opposing
  viewpoints and see how their arguments have
  changed over time.
• Use other strategies such as White Out,
  SPEECH, Sow-Sew-So
  And where is the first place I would
                look?
• www.consource.org

• It is INCREDIBLE.
  – (It lacks when it comes to making connections
    with colonial charters but we all can’t be perfect)
  – It is a great (and free) place for your kids to easily
    find the connections within a TON of primary
    sources.
                   SO . . .
• Instead of me lecturing about the connective
  tissue of our founding principles and laws –
  my kids can string them together on their own
  and then (in the most ideal of worlds) come to
  class with some sort of contribution.
 Questions, Comments, Suggestions?
• How can it be used or modified to meet your
  needs?
                  Thank You
• If you have any ideas that come up later . . .

            • afitzpatrick@aihe.info

								
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