Teaching about Constitutional Rights With Resources from the
National Archives and the Center for Legislative Archives
The National Archives preserves the records
that document America’s civic legacy of self
government under the Constitution.
http://www.archives.gov/
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From
The Center for Legislative
Archives
Archives.gov/legislative
Guiding Question: What insights about constitutional rights can
students gain from studying how Congress created the Bill of Rights?
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Defining Rights
A Simple Chronology of the Debate on Rights 1787 — 1791
1. September 1787: The Constitutional Convention sends the proposed
Constitution to the States for ratification
1. December 1787 — July 1788: State conventions meet to debate and vote
on ratification of the Constitution
1. June 1788: The Constitution is ratified when the ninth state, New
Hampshire, votes to accept it
1. June – July 1788: Despite 9 states having ratified, the Constitution
depends on the ratification of the two biggest states — Virginia and New
York — for legitimacy
5. During ratification debates, the state conventions have proposed over 200
amendments to the Constitution
5. November 1788: National elections select officials of the new government
5. April 1789: The First Congress convenes in New York
5. June 1789: James Madison proposes that a Bill of Rights be added to the
Constitution
5. October 1789: Congress has finished its work and sent 12 proposed amendments
to the states for ratification
5. December 1791: 10 Amendments have been ratified by the states.
Issue 1: What contributions did Anti-Federalists in state ratifying
conventions make to the Bill of Rights?
What are the sources and limits of constitutional rights?
“There are certain natural rights of which men, when they form a social compact
cannot deprive or divest their posterity, among which are the enjoyment of life and
liberty, with the means of acquiring, possessing and protecting property, and
pursuing and obtaining happiness and safety.”
Virginia Convention, June 27, 1788
“There are certain natural rights of which men, when they
form a social compact cannot deprive or divest their
posterity, among which are the enjoyment of life and liberty,
with the means of acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety.
Virginia Convention, June 27, 1788
What do they claim is the source of rights?
What limitation is on the actions of constitution
makers?
In
“There are certain natural rights of which men, when they
form a social compact cannot deprive or divest their
posterity, among which are the enjoyment of life and liberty,
with the means of acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety.
Virginia Convention, June 27, 1788
Source of Rights: There are certain natural rights
Context: when they form a social compact
Limitation: cannot deprive or divest their posterity
Virginia Convention, June 27, 1788
“There are certain natural rights of which men, when they form a social
compact cannot deprive or divest their posterity, among which are the
enjoyment of life and liberty, with the means of acquiring, possessing and
protecting property, and pursuing and obtaining happiness and safety.
What rights do they identify?
1.
2.
3.
What is the significance of this phrase? among which are
Follow up question: Are there other rights? Are their additional sources of rights?
Virginia Convention, June 27, 1788
“There are certain natural rights of which men, when they form a social
compact cannot deprive or divest their posterity, among which are the
enjoyment of life and liberty, with the means of acquiring, possessing and
protecting property, and pursuing and obtaining happiness and safety.
The rights they identify:
• the enjoyment of life and liberty
• the means of acquiring, possessing and protecting property
• pursuing and obtaining happiness and safety
What is the significance of this phrase? among which are
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
What are the source(s) and limits of constitutional rights? (Continued)
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
On what terms is power is granted?
What does this statement suggest about the source of governmental power?
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
On what terms is power is granted?
whensoever it shall become necessary to their Happiness
What is the source of governmental power?
the Powers of Government may be reassumed by the People
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
What burden does this place on Constitution writers?
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
What burden does this place on Constitution writers?
that every Power, Jurisdiction and Right, which is not by the said
Constitution clearly delegated to the Congress of the United
States, or to the departments of the Government thereof, remains
to the People
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
Does this statement reflect federalism or popular sovereignty?
New York Convention, July 26, 1788
“That the Powers of Government may be reassumed by the People,
whensoever it shall become necessary to their Happiness; that every Power,
Jurisdiction and Right, which is not by the said Constitution clearly delegated
to the Congress of the United States, or to the departments of the Government
thereof, remains to the People of the several States or to their respective State
Governments to whom they may have granted the same….”
Federalism or popular sovereignty?
1. remains to the People of the several States
1. or to their respective State Governments to whom
they may have granted the same….”
Statement of the Minority of the Pennsylvania Ratification Convention
December 12, 1787
“Seventh. That the people have a right to bear arms for the defence of
themselves and their own state, or the United States, or for the purpose of killing
game…
Eighth. The inhabitants of the several states shall have liberty to fowl and hunt
in seasonable times, on the lands they hold, and on all other lands in the United
States not (enclosed), and in like manner to fish in all navigable waters, and
others not private property, without being restrained therein by any laws to be
passed by the legislature of the United States.”
What are the source(s) and limits of constitutional rights? (Continued)
“Seventh. That the people have a right to bear arms for the defence of
themselves and their own state, or the United States, or for the
purpose of killing game…
Eighth. The inhabitants of the several states shall have liberty to fowl
and hunt in seasonable times, on the lands they hold, and on all other
lands in the United States not (enclosed), and in like manner to fish in
all navigable waters, and others not private property, without being
restrained therein by any laws to be passed by the legislature of the
United States.”
For what purpose should gun rights be reserved to the people?
“Seventh. That the people have a right to bear arms for the defence of
themselves and their own state, or the United States, or for the
purpose of killing game…”
Should rights be reserved to the people for a purpose?
for the defence of themselves
for the purpose of killing game
Eighth. The inhabitants of the several states shall have liberty to fowl and hunt in
seasonable times, on the lands they hold, and on all other lands in the United States not
(enclosed), and in like manner to fish in all navigable waters, and others not private
property, without being restrained therein by any laws to be passed by the legislature of
the United States.”
Should rights be stated in detailed or general terms?
Should rights be related to actual activities or to principles?
Additional statements from ratifying conventions on gun rights:
“That the people have a right to keep and bear arms; that a well regulated militia
composed of the body of the people trained to arms is the proper, natural and safe
defense of a free state. That standing armies in times of peace are dangerous to
liberty, and therefore ought to be avoided ... That any person religiously
scrupulous of bearing arms ought to be exempted upon payment of an equivalent
to employ another to bear arms in his stead.
Virginia Convention, June 27, 1788
For what purpose?
What right was retained by the people?
What general statement do they add related to the right?
Conditions on the characteristics of the militia and its members:
To what extent was this convention calling for a right to own guns?
“That the people have a right to keep and bear arms; that a well regulated
militia composed of the body of the people trained to arms is the proper,
natural and safe defense of a free state. That standing armies in times of peace
are dangerous to liberty, and therefore ought to be avoided ... That any person
religiously scrupulous of bearing arms ought to be exempted upon payment of
an equivalent to employ another to bear arms in his stead.
Purpose: a well regulated militia composed of the body of the people trained to arms is
the proper, natural and safe defense of a free state.
The right retained by the people: the people have a right to keep and bear arms
General statement related to the right: That standing armies in times of
peace are dangerous to liberty, and therefore ought to be avoided ...
Conditions on the characteristics of the militia and its members:
1. well regulated militia
3. composed of the body of the people
2. trained to arms
4. any person religiously scrupulous of bearing arms ought to be exempted
upon payment of an equivalent to employ another to bear arms in his
stead.
To what extent was this convention calling for a right to own guns?
Additional statements from ratifying conventions on gun rights:
“That the People have a right to keep and bear Arms; that a well regulated Militia,
including the body of the people capable of bearing Arms, is the proper, natural, and
safe defense of a free State.”
New York Convention, June 26, 1788
How do you read these parallel statements?
1. the People have a right to keep and bear Arms
2. a well regulated Militia, including the body of the people capable of
bearing Arms, is the proper, natural, and safe defense of a free State.”
Drawing Conclusions:
What are the sources of rights?
How does the concept of rights relate to the idea of limited government?
How does the concept of rights relate to the idea of popular sovereignty?
What insights about constitutional rights can students gain from studying statements
on rights such as these?
What are the hooks to grab their attention?
Issue 2: How did Congress Formulate the Bill of Rights?
How can you immerse your students in exploring the work of the First Congress
using primary sources? https://www.archives.gov/legislative
Free Digital App Lesson Plans
Congress Creates the Bill of Rights: Completing the Constitution
Congress and the Bill of Rights in History and Today
The Primary Source at the Heart of This Study:
In what sequence are the Articles arranged in the proposed Bill of Rights?Is this pattern significant?
What do the first four Articles suggest about how people and the government relate?
What do the first four Articles suggest about how people and the government relate?
1 Topic?
3
Topic?
2
Topic?
4
Topic?
What is the topic of the Article?
What does it suggest about the relationship of government and the people?
What is the topic of the Article?
What does it suggest about the relationship of government and the people?
Issue 3: How did Congress Negotiate the Content of the Bill of Rights?
Articles 3 and 4 were reshaped in the congressional debate.
1. How do various changes provide insight into the discussion of the five rights protected in
today’s First Amendment?
1. What hooks are there in this text to engage students in a discussion of these rights?
Illustration from
Digital App
Congress Creates the
Bill of Rights
Archives.gov/legislative
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Does your reading of Articles 15 – 17 suggest that the proposed amendments reflect a
Federalist or Anti-federalist point of view?
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.
What is the “original meaning of the Second Amendment?
Is proposed Article the Fifth relevant to this discussion?
If so, how? Why?
Guiding Question: What insights about constitutional rights can
students gain from studying how Congress created the Bill of Rights?
Get resources for your students
From
The Center for Legislative
Archives
Archives.gov/legislative