The Patriot Act

Today, Congress will send a bill to extend parts of the controversial Patriot Act to Pres. Obama. Without passing the legislation, provisions of the Patriot Act will expire this Sunday.

Some say the Patriot Act provides the government with necessary tools for the fight against terrorism, both domestically and internationally. Others say the Patriot Act violates civil liberties.

This topic presents an excellent opportunity to instill the habits of active citizenship in your students. First, have your students get informed. You can have your students read more about this story here on our Constitution Newswire, and conduct additional research on the Patriot Act.

Then, have your students check out the bill for themselves. Reading the bill (in whole or in parts you pre-select) can also be used as a media literacy activity where students can see if what they are reading in the news is similar to what they find in the bill. You can search the bill and track the legislative process directly from our website at www.constitutioncenter.org/action.

Your students can then deliberate the issue in class, citing what they've learned about the legislation and the Constitution. For information on how to conduct a successful deliberation in your class, visit the newly redesigned Exchange website.

Finally, return to the Citizen's Help Desk to have your students write the president and their members of Congress to tell them what they think of the legislation and why.

The Impeachment of Andrew Johnson

February 24 marks the 142nd anniversary of the date on which the United States House of Representatives passed articles of impeachment of President Andrew Johnson. This marked the first time (out of only two in our country’s history) that this particular check on presidential power contained in the Constitution was tested. America's Founding Fathers had a deep fear of executive power, which stemmed from their experience with what they deemed the tyrannical rule of the English monarchy. They had included several checks on the president when they wrote the Constitution, and impeachment was seen as perhaps the last resort in checking presidential tyranny.

But what exactly is impeachment? Have your students read Article II, Section 4 of the Constitution, which explains when a president maybe impeached, and Article 1, Section 2.

Once they understand the process, students can consider the impeachment of President Johnson, which occurred amidst an atmosphere of bitter political struggle between the Radical Republicans who controlled Congress and Democrat Johnson, who opposed the Radicals' desire to inflict a harsh program of Reconstruction on the South. (Johnson was a United States Senator from Tennesee in 1861 but remained loyal to the Union when his state seceded that year.)

Johnson was formally impeached in the House of Representatives on February 24, 1868, in an indictment of eleven articles for alleged “high crimes and misdemeanors.” The House’s main charge was that President Johnson violated the Tenure of Office Act when he replaced Edwin M. Stanton as Secretary of War with Lorenzo Thomas. The Tenure of Office Act, passed in 1867, provided that the president could not remove anyone from office who had been confirmed by the Senate without the consent of the Senate. Radical Republicans had passed the law over Johnson's veto in 1867, in the hope that Johnson would violate the act by trying to remove unilaterally the Radical Stanton from his cabinet post.

The impeachment trial began on March 5, 1868 with Supreme Court Chief Justice Salmon P. Chase presiding. President Johnson was acquitted on May 16, by a very close vote – only one shy of the number required for conviction.

Have your students review the cases of both the prosecution and the defense. How would your students have voted if they had been in the Senate? It mightbe interesting to hold a mock impeachment trial in your classroom.

Does Jury Duty Violate the Thirteenth Amendment?

"The term 'involuntary servitude' was intended to cover those forms of compulsory labor akin to African slavery which, in practical operation, would tend to produce like undesirable results."
- Justice McReynolds’ majority opinion in Butler v. Perry (1916)

It has been argued that mandatory national service violates the 13th Amendment’s prohibition against “involuntary servitude.” Proponents of mandatory national service have said that it strengthens America’s civil society and directly involves citizens in their democracy.

The controversy over mandatory national service has been argued in school hallways, the halls of Congress, and the chambers of the Supreme Court since the nation's founding. Usually the debate has centered on military conscription and the draft, but it has also dealt with civilian conscription by the government.

It has been argued that the 13th Amendment bans any form of mandatory service including jury duty, but that opinion has been countered by the need for mandatory jury duty in order to secure another individual right guaranteed by the Constitution: the right to a trial by jury under the 6th and 7th Amendments.

Is mandatory jury duty necessary to ensure that juries are a representative sample of the citizenry? Or should juries be comprised of citizen-volunteers? What are the consequences of having mandatory jury duty and volunteer jury duty? Why does our Constitution mandate trials by jury? How can we balance the need for citizens to serve their nation on the one hand, and individual freedom on the other?

During The Exchange from 12:30 to 1:30 PM on March 18th, high school students from across the nation will try to answer these questions and more during a real time video conference when they deliberate the question: “Should a year of national service be required for all Americans?” All modes of national service--voluntary, mandatory, civilian and military--will be discussed at our student roundtable.

Join the conversation by visiting The Exchange website to learn how to participate in the live interactive video conference, take our nationwide Web Poll, or contact your elected representatives and tell them how you feel about this important national issue.

The Confederate Constitution vs. The United States Constitution

On February 22, 1862, Jefferson Davis was formally inaugurated as the first President of the Confederate States of America (he had been made provisional president a year before). The new Confederate Constitution provided that Davis would serve a single six-year term as president. This was a change from the United States Constitution, which originally allowed its president to serve an unlimited number of four-year terms.

The Confederate Constitution was indeed modeled on the United States Constitution, but it contained several crucial changes of wording, which reflected southerners' perceived flaws in the original Constitution of 1787. These differences help explain why southern leaders had taken the drastic step of leading their states out of the Union.

Have your students compare the Confederate Constitution to the United States Constitution. Specifically, have your students look at the following sections of the two frames of government: the Preamble; Article I, section 1; Article I, section 7; Article I, section 8; Article I, section 9; Article IV, section 2; Article V. Have them discuss why the Confederate delegates made the changes in wording to the United States Constitution. What do these changes indicate about the political philosophy of the South in contrast to that of the North?

Think Summer!

With much of the country still recovering from Snowmaggedon, we encourage you to think warm thoughts and considering spending a week of your summer with us!

Classroom teachers have just under two weeks left to apply for our Summer Teacher Institutes, and we don't want you to miss this remarkable opportunity. This year's topics are:

A Revolution in Government: Philadelphia, American Independence and the Constitution, 1765-1791

America's Constitution and the World
*New topic!

Changing the Constitution,
*This institute is offered simultaneously on both the East and West coasts, and will take advantage of the National Constitution Center's unique collections and exhibits, as well as the resources of the Ronald Reagan Presidential Library & Foundation.

We hope you consider applying to one or more of our institutes. If accepted, you will receive a stipend of more than $1000 to attend.

Please visit www.constitutioncenter.org/summer to apply today!

SIDE NOTE:
Also, for our local educators, we are holding a FREE Educator Open House on February 24, 2010 from 4-7pm at the National Constitution Center. All teachers, community educators and professors are welcome to attend this fun and informative night, and will have a chance to see the world debut of the Ancient Rome & America exhibition. Click here for more information.

The Year-Long Road to Recovery

Tomorrow marks the one-year anniversary of the passage of the American Recovery and Reinvestment Act, signed by President Obama in an effort to address the worst economic crisis the United States has seen since the Great Depression. Since its inception, the plan--an almost 800-billion-dollar package meant to jump-start the economy by saving and creating jobs--has been highly controversial. Proponents of the act contend that by cutting income taxes for certain individuals, giving money to states and large businesses, extending unemployment benefits, and commissioning public works projects, the act will stimulate the economy. They believe that America must spend its way out of the recession.

Opponents of the act have asserted that spending at this high level is incredibly irresponsible, as it increases the government's budget deficits and burdens future generations with a huge amount of debt. They also argue that government spending will only serve to worsen economic conditions, and that what is needed is fiscal restraint and tax relief for all individuals and businesses.

Each side seems to have conflicting data supporting its position, with the White House reporting a dramatic increase in job creation and preservation, and watchdog groups reporting that the stimulus money has not done nearly enough good to justify the cost.

Ask your students to take a look and decide for themselves. They can access the details of the Recovery Act and can also look at the website of a watchdog group. Once your students understand the basic principles of the plan, stage a deliberation in your class in which students discuss the merits and drawbacks of th Recovery Act.

Students might also compare the government's response to the current crisis with previous administrations' responses to American economic crises, such as the Great Depression. Students could also assess the success of similar large-scale government spending programs like the New Deal of the 1930s and the Great Society programs of the 1960s.

How the Twelfth Amendment might have saved Alexander Hamilton's life!

Tomorrow, February 17, will be the 209th anniversary of the tie-breaking decision in the election of 1800, between Thomas Jefferson and Aaron Burr. This election, only the fourth in America’s history, had far reaching outcomes and ultimately changed the way elections in our country work.

In 1800, Thomas Jefferson ran against John Adams for the Presidency. According to the original version of Article II of the Constitution, whoever got the most number of votes in the Electoral College became president, while whoever came in second became vice president. When the Founding Fathers wrote the Constitution, they did so in the hope that America would not have political parties. But parties formed anyway, the first two being the Democratic-Republicans and the Federalists.

This “first party system” caused electoral problems in 1796 when John Adams, a Federalist, became president, and Thomas Jefferson, a Democratic-Republican, became his vice president. The two clashed over how they thought the country should be run. In 1800, Jefferson ran against Adams and hoped to secure Aaron Burr, also a Democratic-Republican, as his vice president. When the Electoral College casts its votes, however, there was a tie between Jefferson and Burr.

Do you students know what happens when there is a tie among candidates in the Electoral College? Have your students read Article II, section 1 of the Constitution, which stipulates that in the event of a tie, the House of Representatives decides who will be president.

But back to the election of 1800 – after much debate and struggle, and ironically with the help of his longtime nemesis Alexander Hamilton, Jefferson was elected president by the House of Representatives, with Burr becoming vice president. The first vote in the House of Representatives was held on February 17, 1801.

The 1800 election testified to the fact that political parties were to be a feature of American politics despite the Founders’ wishes. In the wake of the contentious election, there was a movement to adjust the Constitution to take account of this reality. The Twelfth Amendment, ratified on June 15, 1804, stipulated that the Electoral College would cast separate ballots for the president and vice president, thus making a tie between candidates much less likely.

Another outcome of this important election was to ignite enmity between Aaron Burr and Alexander Hamilton, which ultimately resulted in the duel between the two men on July 11, 1804, in which Burr shot and killed Hamilton, less that a month after the ratification of the Twelfth Amendment. Had the Twelfth Amendment’s language been part of the original Constitution, might this duel have been avoided?

Washington's Birthday/Presidents' Day

Today, February 15, the nation recognizes the contributions of. . . well, one or more of our presidents, depending on where you live and what guidelines--federal, state, or commercial--you choose to follow.

In the late nineteenth century, the United States Congress recognized George Washington's Birthday (which is actually February 22) as an official federal holiday. In the twentieth century, there was a push--including by business--to rename the holiday "Presidents' Day," in honor either of Washington and Abraham Lincoln (whose birthday is February 12) or of all the presidents.

Today, the federal holiday is still officially deemed "Washington's Birthday," but several states recognize other presidents on this day, and many Americans commonly refer to the day as "Presidents' Day" (or "President's Day," or "Presidents Day").

No matter which president(s) you celebrate today, it is a good time to reflect on which presidents were the greatest. Rating the presidents is a favorite pastime of historians and great fun for anyone interested in American history.

Ask your students to imagine that erosion caused by weather has caused the carvings of the presidents on Mount Rushmore--Washington, Thomas Jefferson, Theodore Roosevelt, and Lincoln--to wear away. Your students are tasked with recommending which four presidents' images should be newly carved into the stone.

Break the students up into groups and ask them to develop criteria for judging the presidents. You might want to use the criteria used by recent surveys, such as the C-SPAN survey. Alternatively, as another survey has suggested, perhaps the criteria for judging presidents should simply be how well they maintained peace, prosperity, and liberty for Americans. The Wall Street Journal 's 2005 presidential ranking results can be found here. Try not to prejudice your students by revealing the results of these polls until they have completed this activity.