Procedure:
The class is encouraged to compare and contrast the different versions of the Bill of Rights. Working alone of in groups the students will read the document and draw conclusions or make educated guesses based on the following leading questions:
1.Which of these 17 amendments became part of the Bill of Rights in their original form? Which did not? [LS12]
2. Which of these original 17 were altered and then included in the Bill of Rights?
Can you speculate on the reason for their alteration?
3. Which of the original 17 were rejected entirely by the Senate and/ or the states?
4. Speculate as to why these proposals were rejected.[LS13]
5. Nos. I and II of the original 17 were approved by the Senate but failed to be ratified by all the states. How many states had to ratify an amendment in 1791? How many are required in 1994?[LS14]
6. James Madison claimed that no. XIV was the most important of all. Why? Do you agree with his assessment? Why do you think it was not made part of the original Bill of Rights? Which factions might have been against it? Has it since been added? What effect has it had on our system of justice? Name three important Supreme Court cases that have made use of this doctrine.[LS15]
7. Research Assignment: One of the original 17 recently became part of the Constitution as Amendment 27. Find out which one it is. Why did it pass after 200 years? What does that tell you about the Constitution being a "Living Document".[LS16]
Procedure: Class debate on the following resolution:
Ask: In May 1992, a new amendment to the Constitution was ratified by the required 3/4 of the states. That amendment was proposed in 1789. Although it is 200 years old, could it have passed if it were not still relevant today?
Distribute Document
Say: This document contains 17 amendments which were approved by a 2/3 vote of the House of Representatives. Why don't we have a Bill of Rights with 17 amendments? Which of the 17 were eventually left out of the Bill of Rights?
If one of these amendments is good enough to pass today, why not all of them?
Class is then divided into two groups each supporting one side of the issue.
Possible arguments for the resolution include:
Madison would not have proposed them nor Congress approved them if they were not good.
Possible arguments against the resolution include:
The Constitutional requirement that the Senate review and the states ratify the proposals was satisfied in 1791.
Procedure:
Class is divided into groups of 5-6 students , each group chooses a leader, a secretary and a spokes person. The students compare the original text with the accepted version of the Bill of Rights. They change the amendmetns or let it stand as it is and be prepared to support their choice.
Once the amendments are prepared, the class acts as the State legislature and must pass or reject the proposed amendments.
STRATEGY 2: Cooperative learning
Level: 11, 12 grade; 2-3 day lesson
RESOLVED: THE Constitution SHOULD BE CHANGED TO INCLUDE THE ORIGINAL 17 AMENDMENTS APPROVED BY THE HOUSE OF REPRESENTATIVES IN 1789.
We will debate the merits of the resolution (Write resolution on blackboard).
The regional and sectional differences that existed then do not exist today.
The wording in the original 17 is more precise than the wording in the Bill of Rights.
Approving these "new" rights might "pave the way" to suggesting others.
(reference might be made to the rights mentioned in the UN Declaration of Human Rights).
Later amendments and Supreme Court cases have guaranteed these rights.
The proposals made in these amendments are not relevant to our lives today. STRATEGY 3: Cooperative learning
Amending The Bill Of Rights
Level: 11th and 12th grade; 1 day lesson