One of the most persistent and overarching complaints the American colonists had about the rule of the British monarchy was the extent of its power. One of the most persistent and overarching complaints about the early government of the U.S. under the Articles of Confederation was the weakness of the federal government. Attempting to form a more perfect union, the framers of the Constitution designed a government that clearly assigned power to three branches, while at the same time guaranteeing that the power of any branch could be checked by another.
Using primary source documents, your students can see clear demonstrations of how one branch of our government can check another.
What are some ways the three branches of our government check one another?
Name the three branches of our government.
Give examples of how each branch can check the others.

September 17th is Constitution Day, commemorating the day in 1787 when, at the end of a long hot summer of discussion, debate and deliberation, the delegates to the Constitutional Convention signed America’s most important document. George Washington, on behalf of the Convention, transmitted the proposed Constitution to the Congress assembled under the Articles of Confederation. Eleven days later, the Congress by unanimous resolution passed the proposal on to conventions of delegates to be chosen in each state. It was in these state conventions that the Constitution was thoroughly discussed, debated and eventually ratified.

The United States Constitution is the oldest written national constitution still in operation, and many of the nations that have established themselves in the centuries since have turned to this document as a model for their own constitutions. As a document that defines the structure of our federal government and delineates the rights of the states within the union, and of individual citizens within the nation, the Constitution has become a symbol to Americans and to the world of our political principles and the democratic way of life that flows from them.
Who is included in the phrase "We the People"?
How do we form "a more perfect union"?
What makes the U.S. Constitution a living document?
To what extent does the Constitution influence people's lives on a daily basis?

This lesson plan introduces students to the pivotal role that Congressional committees play in the legislative process, focusing on how their own Congressional representatives influence legislation through their committee appointments. Students begin by reviewing the stages of the legislative process, then learn how committees and subcommittees help determine the outcome of this process by deciding which bills the full Congress will consider and by shaping the legislation upon which votes are finally cast. With this background, students research the committee and subcommittee assignments of their Congressional representatives, then divide into small groups to prepare class reports on the jurisdictions of these different committees and their representatives' special responsibilities on each one. Finally, students consider why representation on these specific committees might be important to the people of their state or community, and examine how the committee system reflects some of the basic principles of American federalism.
What role do Committees play during the legislative process?
How is Committee membership determined?
What role do Committees play with regard to oversight and checks and balances?
Analyze the legislative process of the United States Congress by focusing on the role of Committees.
Evaluate how Congressional representatives can influence legislation through their specific committee assignments.
Evaluate how Committees uphold the Constitutional responsibilities of the Legislative Branch.

When the delegates to the Philadelphia Convention convened in May of 1787 to recommend amendments to the Articles of Confederation, one of the first issues they addressed was the plan for representation in Congress. This lesson will focus on the various plans for representation debated during the Constitutional Convention of 1787.

Website with different lessons focusing on:
1.Analyze primary and secondary sources representing conflicting points of view to determine the proper role of government regarding the rights of individuals.
2.Analyze primary and secondary sources representing conflicting points of view to determine the Constitutionality of an issue.
3.Assess the short and long-term consequences of decisions made during the writing of the U.S. Constitution and the Bill of Rights.
4.Compare the components of the U.S. Constitution and Bill of Rights with the Constitutions of other nations.
5.Evaluate contemporary and personal connections to the U.S. Constitution and the Bill of Rights.
6.Compose a reflection and assessment of the significance of Constitution Day and the U.S. Constitution.

"This was the object of the Declaration of Independence. Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before, but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, not yet copied from any particular and previous writing, it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion. All it's [sic] authority rests on the harmonizing sentiments of the day, whether expressed in conversation, letters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, & c."

—Thomas Jefferson to Henry Lee, May 8, 1825

In an 1825 letter to Richard Henry Lee, Thomas Jefferson, the principal author of the Declaration of Independence, discussed who deserved credit for the ideas contained in that document. Looking back to the early years of the American Revolution, Jefferson related how the decision "to resort to arms for redress" of American grievances led patriots of the American cause to issue "an appeal to the tribunal of the world" with an eye towards explaining and justifying the American actions.

Reflecting back forty-nine years after the fact, did Jefferson accurately portray the process that went into the creation of the Declaration of Independence? If so, what were those "harmonizing sentiments of the day" to which he referred? This lesson plan looks at the major ideas in the Declaration of Independence, their origins, the Americans' key grievances against the King and Parliament, their assertion of sovereignty, and the Declaration's process of revision. Upon completion of the lesson, students will be familiar with the document's origins, and the influences that produced Jefferson's "expression of the American mind."
What are the major ideas expressed in the Declaration of Independence?
What are some of the sources for the language and ideas found in the Declaration of Independence?
Analyze the Declaration of Independence to understand its structure, purpose, and tone.
Compare the language and philosophies presented in the Declaration of Independence with the likely source materials used by the writers.
Evaluate the interconnected nature of the key ideas in the Preamble to the Declaration of Independence: natural rights, the social contract, the right to revolution, popular sovereignty, and the right of self-determination.
Analyze the items and arguments included within the document and assess their merits in relation to the stated goals.

Students will examine grievances from the Founding Fathers and explore the historic development of the Declaration of Independence.

Young people have a profound sense of the importance of fairness. "It's not fair" is often used as a one-size-fits-all argument when a child feels victimized. In situations where the child has an interest in protecting his or her actions, "It's a free country!" is often the argument of choice. On the other hand, children are very sensitive about speech and policies they consider to have a negative effect on their well-being. Almost every day on the playground, the difficult issues surrounding our right to free speech and our responsibility to avoid harming someone else with our speech are debated with as much emotion — if not as much impact — as they have been in the courts, legislatures, and meeting halls of this land.
Balancing rights and responsibilities is difficult, even for the Supreme Court. This lesson demonstrates to students that freedom of speech is an ongoing process.
How does the right to free speech conflict with our responsibility to consider the rights of others?
How is the First Amendment interpreted differently in different contexts?
Under what conditions is some speech limited and other speech protected?
Summarize the contents of the First Amendment
Give examples of speech that is protected by the Constitution and speech that is not protected by the Constitution.

Statue of Chief Justice John Marshall outside the West entrance of the Philadelphia Museum of Art.Photo caption
Statue of Chief Justice John Marshall outside the West entrance of the Philadelphia Museum of Art.

Flickr Creative Commons

"It is emphatically the province and duty of the judicial department to say what the law is."

—Chief Justice John Marshall, in Marbury v. Madison, 1803

Who was the most influential American of the founding era of the United States: George Washington, due to his military and political achievements? Thomas Jefferson, for the Declaration of Independence and the acquisition of the Louisiana Purchase? James Madison, for his "writing" of the Constitution and subsequent service in the House of Representatives, as Secretary of State, and President? Or might it be John Marshall, who served as Chief Justice of the U.S. Supreme Court for 34 years, longer than any other Chief Justice, and whose ground-breaking decisions still affect the lives of every American?

This lesson is designed to help students understand Marshall's strategy in issuing his decision, the significance of the concept of judicial review, and the lasting significance of this watershed case.
What is the proper role of the Supreme Court regarding laws passed by Congress and state legislatures?
How has the establishment of judicial review shaped the power of the Supreme Court in U.S. history?
To what extent does the Supreme Court establish laws?
Explain the role and responsibilities of the Supreme Court with regard to interpreting the U.S. Constitution.
Analyze the competing perspectives that resulted in the Marbury v. Madison case.
Evaluate the lasting significance of Marbury v. Madison and judicial review.
Evaluate the nature of how a system of checks and balances has functioned and changed over time.

The presidential election of 1824 represents a watershed in American politics. The collapse of the Federalist Party and the illness of the "official candidate" of the Democratic-Republicans led to a slate of candidates who were all Democratic-Republicans. This led to the end of the Congressional Caucus system for nominating candidates, and eventually, the development of a new two-party system in the United States. In the election, Andrew Jackson won a plurality of both the popular and electoral vote. But John Quincy Adams became president. Four crucial elements of our election system were highlighted in the election of 1824: the nomination of candidates, the popular election of electors, the Electoral College, and the election of the president in the House when no candidate receives a majority in the Electoral College.
Why was the election of 1824 thrown to the House of Representatives?
What constitutional provisions applied?
What was the result?
Explain why the election of 1824 was decided in the House of Representatives.
Summarize relevant portions of the Constitution on presidential election procedures.

"However [political parties] may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion."

—President George Washington, Farewell Address, 1796.

Fear of factionalism and political parties was deeply rooted in Anglo-American political culture before the American Revolution. Leaders such as George Washington and Thomas Jefferson hoped their new government, founded on the Constitution, would be motivated instead by a common intent, a unity. Though dominant, these sentiments were not held by all Americans. A delegate to the Massachusetts ratifying convention, for example, asserted that “competition of interest…between those persons who are in and those who are out office, will ever form one important check to the abuse of power in our representatives.” (Quoted in Hofstader, p. 36) Hamilton argued from a slightly different perspective in Federalist #70: “In the legislature, promptitude of decision is oftener an evil than a benefit. The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.”

Political parties did form in the United States and had their beginnings in Washington's cabinet. Jefferson, who resigned as Washington's Secretary of State in 1793, and James Madison, who first began to oppose the policies of Alexander Hamilton while a member of the House of Representatives, soon united, as Jefferson wrote in his will, "in the same principles and pursuits of what [they] deemed for the greatest good of our country" (on the Thomas Jefferson Digital Archive, a link from the EDSITEment-reviewed website The American President). Together, they were central to the creation of the first political party in the United States. In the meantime, those who supported Hamilton began to organize their own party, thus leading to the establishment of a two-party system.
What are the chief characteristics of political opposition in a democracy?
What are the essential elements of an organized political party?
Are political parties necessary for the advancement of democracy?
Analyze the factors that to the development of the Federalists and Democratic-Republicans.
Evaluate the immediate effect of the establishment of political parties in the U.S.

Fear of factionalism and political parties was deeply rooted in Anglo-American political culture before the American Revolution. Leaders such as George Washington and Thomas Jefferson hoped their new government, founded on the Constitution, would be motivated instead by a common intent, a unity. Though dominant, these sentiments were not held by all Americans. A delegate to the Massachusetts ratifying convention, for example, asserted that “competition of interest … between those persons who are in and those who are out office, will ever form one important check to the abuse of power in our representatives.” (Quoted in Hofstader, p. 36) Hamilton argued from a slightly different perspective in Federalist #70: “In the legislature, promptitude of decision is oftener an evil than a benefit. The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.”
What are the essential elements of an organized political party?
What differences in philosophy led to the development of the Federalist and Democratic-Republican parties?
Evaluate the factors that led to the development of the Federalists and Democratic-Republicans.
Analyze the events that transpired during the turn of the 19th century to evaluate their impact on the advancement of democracy in the U.S.

When the delegates to the Philadelphia Convention convened in May of 1787 to recommend amendments to the Articles of Confederation, one of the first issues they addressed was the plan for representation in Congress. This question was especially contentious, and kept the delegates embroiled in debate and disagreement for over six weeks. One group of delegates believed that they were not authorized to change the "federal" representational scheme under the Articles of Confederation, according to which the states were equally represented in a unicameral Congress by delegates appointed by the state legislatures. Another group of delegates believed that the current scheme of representation under the Articles of Confederation was flawed and had to be replaced with a better one—a "national" one. The question was finally resolved by the Connecticut Compromise, which resulted in a system of representation that would be "partly national, partly federal," involving a combination of the two kinds of representation.
This lesson will focus on the various plans for representation debated during the Constitutional Convention of 1787. By examining the views of delegates as recorded in James Madison's Notes of Debates in the Federal Convention of 1787, students will understand the arguments of those who supported either the Virginia Plan or New Jersey Plan. Students will also see why the Connecticut Compromise was crucial for the Convention to fulfill its task of remedying the political flaws of the Articles of Confederation.
Why was the question of representation such an important issue to the delegates at the Constitutional Convention of 1787?
In whose interest were the compromises made?
To what extent are the decisions made in 1787 still relevant today?
Identify key delegates to the Constitutional Convention of 1787 and analyze their views concerning representation.
Evaluate the schemes of representation in the Virginia Plan, the New Jersey Plan, and the Hamilton Plan.
Assess how the question of representation affected whether the changes proposed by the Convention would lead to a "national" or a "federal" system.
Evaluate the results of the Connecticut Compromise with regard to representation.
Examine contemporary issues regarding state and federal representation to determine the degree of change that has occurred over time.

At the time the Founders were shaping the future of a new country, John Adams suggested the President should be addressed as “His Excellency.” Happily, others recognized that such a title was inappropriate. Though the proper form of address represents only a small detail, defining everything about the Presidency was central to the idea of America that was a work-in-progress when the nation was young.
How was the role of "President" defined in the Articles of Confederation?
What were the weaknesses in the Articles of Confederation regarding the role of the President?
Describe the role of "President of the United States in Congress Assembled" under the Articles of Confederation.
Explain how the President was elected.

Fear of factionalism and political parties was deeply rooted in Anglo-American political culture before the American Revolution. Leaders such as George Washington and Thomas Jefferson hoped their new government, founded on the Constitution, would be motivated instead by a common intent, a unity. Though dominant, these sentiments were not held by all Americans. A delegate to the Massachusetts ratifying convention, for example, asserted that “competition of interest…between those persons who are in and those who are out office, will ever form one important check to the abuse of power in our representatives.” (Quoted in Hofstader, p. 36) Hamilton argued from a slightly different perspective in Federalist #70: “In the legislature, promptitude of decision is oftener an evil than a benefit. The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.”
What were the key positions of the parties?
How important to the parties' positions were their basic attitudes toward constitutional interpretation?
Which positions of either party resonate in the politics of today?
Summarize the key positions of the Federalists and Democratic-Republicans.
Evaluate the contributions of a political party system to the advancement of democracy in the U.S.

"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.”

—The Constitution of the United States, Amendment I

Do you recognize freedom of speech when you see or hear it? As the United States apprehensively approached World War II, President Franklin Roosevelt listed four American freedoms in his State of the Union address to Congress in 1941. In order to make these abstract ideas more widely understood and appreciated, Norman Rockwell illustrated how these freedoms appear in everyday American life. In this lesson students learn to recognize freedom of speech within their community, state, country, and world. After examining Rockwell’s Freedom of Speech, they will report on a town meeting and create a collage featuring examples of free speech.
How does Norman Rockwell’s painting Freedom of Speech illustrate the American right of free speech?
How is the First Amendment evident in everyday local community life?
Explain how artist Norman Rockwell composed this painting to idealize the right of ordinary American citizens to speak their ideas without fear of censure
Identify the five freedoms in the First Amendment (religion, assembly, press, petition, and speech) and be able to give an example of each in daily/community life, state community, national community, and international community

"The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people."

⁠—Elena Kagan, Associate Justice of the Supreme Court and the first woman to serve as Solicitor General of the United States.

As one of the three branches of the U.S. federal government, the Supreme Court is an essential part of civics education. In this lesson, students will learn about the structure and purpose of the Supreme Court and analyze the landmark Tinker v. Des Moines (1969) case about student free speech in schools. Once students have analyzed the case and its significance in U.S. history, they will participate in a research-based simulation about student free speech and social media before their own Supreme Court.
What are the Constitutional responsibilities and powers of the Supreme Court?
How does the judiciary system function alongside the other two branches of government?
How does the Supreme Court protect your First Amendment rights?
Analyze the Constitutional roles and responsibilities of the judiciary system and the Supreme Court.
Analyze Supreme Court rulings and develop an evidence-based argument regarding the First Amendment.
Simulate how a Supreme Court case is researched and argued, and evaluate the proceedings and outcome.

With the signing of the Treaty of Paris in 1783, the U.S. firmly established itself as an independent nation. In 1789, George Washington was elected the first President, initiating the form of government, based on the Constitution, that we recognize today.

Before 1789, the young nation had been ruled by the Articles of Confederation, written in 1781 in reaction to years of British rule. By 1787, however, it was clear that a more perfect Union was required; while protecting the independence of member states, the Articles of Confederation did not describe the powers of a federal chief executive or a judicial system. The creation of our Constitution and present form of government was informed by these and other considerations that arose during the years of the Confederation.

Archival materials and other resources available through EDSITEment-reviewed websites can help your students begin to understand why the Founders felt a need to establish a more perfect Union and how they proposed to accomplish such a weighty task.
How does the language of the Preamble to the U.S. Constitution reflect historical events and the goals the Founders had for the future?
What does the Preamble mean?
What does "a more perfect union" require?
Explain the purposes of the U.S. Constitution as identified in the Preamble to the Constitution.
Identify fundamental values and principles as they are expressed in the Preamble to the U.S. Constitution.
Create your own interpretation of what the Preamble means.

Students will learn about what a symbol is and how the flag represents our country through primary source analysis. Students will participate in three activities which will lead them through a primary source analysis of the symbols of our nation.

"I believe that the creation of an independent constitutional court, with the authority to declare unconstitutional laws passed by the state or federal legislatures, is probably the most significant single contribution the United States has made to the art of government."

— Chief Justice William Rehnquist’s remarks at the rededication of the National Archives (September 17, 2003).

"The judicial power shall extend to all cases, in law and equity, arising under this constitution…"

— Article III of The United States Constitution

The federal judiciary, which includes the Supreme Court as well as the district and circuit courts, is one of three branches of the federal government. The judiciary has played a key role in American history and remains a powerful voice in resolving contemporary controversies. The first governing document of this nation, the Articles of Confederation, gave Congress certain judicial powers, but did not establish a distinct federal court system. During the Philadelphia Convention, discussion of a federal judiciary was not a critical part of the deliberations that led to the creation of the Constitution. However, debate over the exact nature and role of the federal judiciary did begin in the Constitutional Convention and continue through the ratification process and into the early years of the Republic.

This lesson provides an introduction to the Supreme Court. Students will learn basic facts about the Supreme Court by examining the United States Constitution and one of the landmark cases decided by that court. The lesson is designed to help students understand how the Supreme Court operates.
What powers are given to the judiciary in the Constitution?
How do the Constitution and government institutions protect judicial independence?
How does the federal judiciary system work?
Should Supreme Court justices have term limits?
Identify the key provisions in the Constitution relating the judiciary.
Explain the meaning of an independent judiciary and systems in place to protect this independence.
Evaluate how the power and influence of the Supreme Court over laws has changed over time.
Analyze the difference between a trial conducted in a district court and an appellate court hearing.
Evaluate the extent to which the U.S. judiciary system ensures justice for all.