Constitution Day

Constitution Day September 17, 2019

What is Constitution Day? LAYOUT 1 Why Do We Commemorate This Day? • The United States Constitution is one of the most influential documents in history. It has been studied and modeled by countries around the world. • Constitution Day was established as a national holiday in 2004. Congress mandated (made it law) that any school receiving federal funds must provide educational programming about the Constitution on or near the anniversary of the date it was signed – Sept. 17, 1787.

Class Goals • Illustrate the structure, function and powers of the U.S. government as established in Articles I, II, and III of the Constitution; • Understand how the Bill or Rights and other constitutional amendments safeguard basic freedoms against government intrusion for all people, including non-citizens; and • Learn how the Constitution is a living document that impacts our lives today.

Constitution Day: Trivia Quiz

Question 1 The Bill of Rights refer to the first 10 amendments to the Constitution? • True • False There were twelve Amendments initially enacted by Congress but only ten were ratified and adopted by the states. Interesting fact: the two failed Amendments were one to limit expanding the size of Congress after census showed an increase in the population and the other was to prevent Congress from giving itself a pay raise. This second Amendment would eventually be passed, in 1992, as our 27th Amendment.

Question 2 We celebrate Constitution day on September 17th because that is the anniversary of the day the Constitution was: • Signed • Ratified The Constitution would not be adopted until nine states voted to ratify it, which happened when New Hampshire, the 9th state, ratified it on June 21, 1788. Rhode Island, the last of the original thirteen states to ratify the Constitution, did not do so for another two years, or until May 29, 1790.

Question 3 The First Amendment gives people the right to free speech. • True • False The First Amendment does not provide rights but instead restricts the power of the government. The founders believed people were born with these rights; the government did not need to give them to people. The First Amendment prohibits the government from passing laws or engaging in actions which would interfere with the right to free speech.

Question 4 The Fourteenth Amendment, ratified in 1868, was the first time the Constitution defined citizenship. • True • False The first sentence of the first clause of the 14th Amendment states “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

Question 5 This document was the first U.S. Constitution but it eventually failed because the states kept too many powers and the federal government did not have authority to levy taxes or regulate commerce. • Articles of Confederation • Declaration of Independence

U.S. Constitution: An Overview

What is the Constitution? • It’s the highest law of our nation. • Lays out the structure of our U.S. government. • It grants every individual in the United States certain fundamental rights and freedoms. • Applies to citizens and non-citizens, documented or undocumented

Three Branches = no one branch controls the federal government Article I: Establishes Legislative branch Article II: Establishes Executive branch Article III: Establishes Judicial branch

What is the Constitution? Other Articles to Consider • Article IV: Establishes balance between the states and federal government. • Article V: Describes how to amend the Constitution. • Article VI: Establishes the Constitution as the supreme law of the land. • Article VII: Lists requirements to ratify the Constitution (how to get it accepted by the states.

Bill of Rights • Named for the first 10 amendments made to the U.S. Constitution (added in 1791). • After the Convention in 1787, the absence of a bill of rights became a roadblock for some states’ in their decision about whether to ratify the Constitution. • Guarantees essential rights and civil liberties. • Limits the power of the federal government. • Originally protected white men only.

What Do You Think? • Do you believe the authors of the Constitution intended for all persons in the United States to have rights? How has that impacted our country up to today? • Over the course of time, Constitution has been amended to include more individuals into the document’s framework. • 13th Amendment = ban the use of slavery • 15th Amendment = extend voting rights to former enslaved men • 19th Amendment = extend voting rights to women • Civil Rights Act (1964) = outlaws discrimination on basis of race, color religion, sex or national origin.

Amendments • Authority to amend the Constitution comes from Article V • Proposal process: • 1. Proposed by Congress with 2/3 majority in both house OR • 2. Proposed by constitutional convention = called by 2/3 of state legislatures • Ratification process: • 1. ¾ of state legislatures must approve or • 2. ¾ of state conventions must approve

What Do You Think? • Why is being able to amend the Constitution so important? • Why do you think the authors of the Constitution include an article on how to amend the Constitution? • What are some reasons for changing the Constitution?

What Do You Think? Do you believe that undocumented immigrants have rights under the U.S. Constitution? • YES! Many provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States. • There are laws that apply to every person on U.S. soil, citizen or non-citizen alike.

U.S. Constitution: Rights for All

U.S. Constitution: Rights for All First Amendment • Establishes that government shall not prohibit “freedom of speech, or of the press, or the right of the people peaceably to assemble . . .” • What does this mean? Just because you are a student does not mean you lose your rights to freedom of expression. • How do you exercise this right? You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school as long as you don’t disrupt the functioning of the school or violate school policies.

U.S. Constitution: Rights for All Fourth Amendment • Establishes the right “of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, “against unreasonable searches and seizures . . .” • What does this mean? This amendment requires that all searches be based on “probable cause” and that the person or thing to be searched be described with specificity in a search warrant. • How do you exercise this right? Repeat that you “do not consent to searches” and ask to see the search warrant authorizing the search.

U.S. Constitution: Rights for All Fifth Amendment • The Fifth Amendment states that “no person … 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.” • What does this mean? Gives people the right to not have their testimony used against them. • How do you exercise this right? If you are stopped or detained by police or immigration agents, repeat “I want to use my right to remain silent and not answer questions” and “I want to speak to an attorney.”

U.S. Constitution: Rights for All Fourteenth Amendment – Key Clauses • Establishes that no “State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” • What does this mean? In general, you cannot be stripped of your rights from before given a proper process (notice, hearing, trial, etc.) to determine whether you deserves to lose your rights. • How do you exercise this right? Depends on the situation . . . Many people have to litigate against the government if they believe their due process rights were violated.

U.S. Constitution: Rights for All Fourteenth Amendment Examples • Under the 14th Amendment, undocumented children cannot be prohibited from enrolling in a public school because all children have the right to access to a free, public education. (Plyler v. Doe, 1982) • Public school segregation on the basis of race violated the 14th Amendment’s Equal Protection Clause. (Brown v. Board of Education, 1954) • Under the 14th Amendment, state courts are required to provide counsel in criminal cases to represent defendants who are unable to afford to pay for one on their own. (Gideon v. Wainwright, 1963)

What Do You Think? • What works well within our government? What doesn’t work well in government? • Do you think the authors of the U.S. Constitution did a good job in creating our government? What can be improved upon? • Do you think the authors of the U.S. Constitution would do things differently if they lived in our world today given all the new technology and social changes in the world?

Take Action: How Can You Engage?

Take Action: How You Can Engage? • Think about the rights you have as a student (free speech and assembly, right to remain silent, right to refuse searches, etc.). • How can you use these basic rights to civically engage with others? • Political involvement (volunteer, canvass, pre-register to vote). • Pay it forward. Teach your friends about their rights as individuals in the U.S. • Become a student activist on an issue you are passionate about and get involved with like-minded organizations (like the ACLU!): https://www.accreditedschoolsonline.org/resources/student-activism-on-campus/

Review

Review What do we know now that we didn’t know when we started class? • The Constitution is a living document. It was meant to grow and evolve … to be adapted by future generations in response to our country’s changing social, political, moral and cultural norms; • There are basic rights in the Constitution that apply to everyone, regardless of an individual’s citizenship status; and • As a student, you can hold your government accountable and become engaged in the process to ensure the Constitution continues to protects the rights of everyone.

Questions?

WE THE PEOPLE

Constitution Day