Articles of the Constitution and the Bill of Rights

Standard 2.5:  Articles of the Constitution and the Bill of Rights

Summarize the Preamble and each Article in the Constitution, and the Rights Enumerated in the Bill of Rights; explain the reasons for the addition of the Bill of Rights to the Constitution in 1791. (Massachusetts Curriculum Framework for History and Social Science) [8.T2.5]

FOCUS QUESTION: What are the Articles of the Constitution and What Rights are in the Bill of Rights?

The Constitution establishes the legal and structural framework of the United States government. Written in secret, behind closed doors guarded by sentries, during the Constitutional Convention in Philadelphia in 1787, it is the oldest and shortest of all the world’s national constitutions. It was originally 4,543 words, including signatures; now with its 27 amendments, it is 7,591 words in length (Constitution of the United States: Fascinating Facts about the U.S. Constitution).

The Constitution set forth the following primary ideas about government (Six Big Ideas in the Constitution):

• Limited government
• Republicanism
• Separation of Powers
• Checks and Balances
• Popular Sovereignty
• Federalism

By 1777, ten states had drafted and adopted their own constitutions. These constitutions stressed the rights of individuals including freedom of religion, a lack of property requirements to vote, and power of government derived from the people. Concerns over the power of the new government and the desire to ensure and protect the rights of individuals led to the inclusion of the Bill of Rights, the Constitution’s first 10 amendments.

As you learn about the Constitution and the Bill of Rights, ask what rights do Americans use the most and what ones do they take for granted? What rights do you use most and what ones do you take for granted?

How have African Americans and other people of color struggled throughout United States history to acquire the rights promised by the Declaration of Independence and guaranteed to all citizens by the Constitution?

The following modules explore this question by examining the articles of the Constitution and the text of the Bill of Rights, the impact of W.E.B. Du Bois and the NAACP, and considering what might be the nation's most influential multicultural documents.

1.INVESTIGATE: The Articles of the Constitution and the Many Bills of Rights in United States History

The Constitution of the United States has a Preamble and seven articles:

• Preamble
• Article I: Legislative Branch
• Article II: Executive Branch
• Article III: Judicial Branch
• Article IV: States, Citizenship, New States
• Article V: Amendments
• Article VI: Debts, Supremacy, Oaths, Religious Tests
• Article VII: Ratification

The Interactive Constitution website from the National Constitution Center has videos, podcasts, and blog posts for exploring and understanding every major clause and amendment. A section of the site called the Drafting Table shows drafts of documents, how they changed, and offers ideas about why. It is a place where students can see how people on OPPOSITE sides can come together to AGREE about a description of a document, what it means, and AGREEMENT is an amazing place to start!

Other resources for you: Constitute: The World's Constitutions to Read, Search and Compare that includes 202 national constitutions worldwide and the Daily Bellringer YouTube Channel featuring videos explaining Articles 1-10 of the U.S. Constitution. 

Watch on YouTube https://edtechbooks.org/-ZFUS

The U.S. Constitution is not the country’s only constitution - each state has its own constitution. There have been nearly 150 state constitutions which have been amended 12,000 times (NBER/Maryland State Constitutions Project). Native American tribes have their own constitutions as well (Native American Tribal Constitutions).

Comparing and contrasting state constitutions at the time of the American Revolution can be a powerful learning experience for students, an idea suggested by teacher Isabelle Morley.

Here are links to the Pennsylvania State Constitution of 1776 (widely regarded as the most democratic of state constitutions) and the South Carolina State Constitution of 1776 (regarded as perhaps the least democratic of state constitutions). What differences do you see in the ideas and structures of democracy set forth in these documents?

The first ten amendments to the U. S. Constitution—the Bill of Rights—set forth the rights and freedoms of citizens living in the United States.  

The first 10 Amendments of the Bill of Rights are:

1. Freedom of speech, press, petition, religion, and peaceful protest
2. The right to bear arms
3. No quartering of troops
4. No unreasonable search and seizure
5. Due process, no self incrimination, no double jeopardy
6. Right to a speedy trial
7. Trial by Jury
8. No cruel or unusual punishment
9. Rights of individuals not outlined in the Bill of Rights
10. Any powers not vested in the federal government are granted to the states and the people

The national Bill of Rights has inspired numerous other bills of rights related to economic life, education, health care, shopping and buying, voting and more:

• Franklin Roosevelt's Economic Bill of Rights (1944)
• GI Bill of Rights (Servicemen's Readjustment Act (1944) 
• Patients Bill of Rights (adopted 1995)
• Student Bill of Rights (National Student Association, 1947)
• Consumer Bill of Rights (1962)
• People with Disabilities' Bill of Rights (1975)
• Voters Bill of Rights (from Democratic National Committee)
• Taxpayer Bill of Rights (1996)
• Health Care Bill of Rights (2019)
• The Lexington Principles on the Rights of Detainees (2009)
• The Human Right to Water in California (2012)
• Weingarten Rights (1975)
• PreK-12 Education Support Professionals (ESP) Bill of Rights, Massachusetts Teachers Association
• Human Rights Education, National Council for the Social Studies, 2021
• Blueprint for an AI Bill of Rights, The White House (2022)
• Foster Parents Bill of Rights (Massachusetts, 2023)

All these Bills of Rights set forth their view of the protections that every member of a free and democratic society should expect to have in their life.

Rights are subject to interpretation and political debates.

Individual rights (life, liberty, property) and social and economic rights (health care, education, housing) have different meanings for different people and political parties.

Conservative political groups and Republicans tend to define rights as individual rights while progressive and liberal groups and Democrats tend to expand individual rights to include social and economic rights (for example, Franklin Roosevelt’s Second Bill of Rights).

In this video, Vermont Senator Bernie Sanders Calls for a 21st Century Bill of Rights:

• • How does Sanders’ vision compare with other bills of rights?
  • When does Sanders stress individual rights and when does he stress social and economic rights?

The Bill of Rights connects directly to students' legal rights at school. Go here for a Student Legal Rights at School Digital Choice Board.

Media Literacy Connections: The Bill of Rights on Twitter

The first 10 amendments to the Constitution known as the Bill of Rights consists of 472 words. It was signed on September 28, 1789. Here is the full text read aloud.

Watch on YouTube https://edtechbooks.org/-xXX

When the Bill of Rights were drafted there were no systems of mass communication - no social media, no television, no streaming services. But what if Twitter had been around at that time? Today, about one in five adults use Twitter, sending some 500 million tweets each day (Twitter by the Numbers, Omnicore, January 6, 2021). How would you have helped James Madison and the other members of Congress spread the word about the Bill of Rights on Twitter?

• Activity: Tweet the Bill of Rights

Online Resources for the Constitution

• Design a Class Constitution Learning Plan
• A New Set of Rules: Create a Classroom Constitution as the School Year Kicks Off, Teaching Tolerance
• U.S. Constitution Primary Source Set, Library of Congress
• PRIMARY SOURCE: 1827 Constitution of the Cherokee Nation
• PRIMARY SOURCE: 1839 Constitution of the Cherokee Nation
• 1868 Louisana Constitution.
  • The first in Louisiana to contain a bill of rights. It enfranchised freed men. It disenfranchised ex-rebels.
  • The constitution established integrated public schools, property rights of married women, and gave a pension to veterans of the War of 181
• The Constitution: Rules for Running the Country, a WebQuest from iCivics (login required)
• Constitutional Conversations and Classroom Exchanges, National Constitution Center

Online Resources for Bills of Rights in United States History

• Visit Teaching with Current Events for learning activities related to the Bill of Rights
• For more information, view this video from TedED: Why wasn't the Bill of Rights originally in the US Constitution? 
• Play Bill of Rights Golf to test your knowledge about the Amendments using Supreme Court cases (from University of Missouri Kansas City).
• Congress and the Bill of Rights in History from the National Archives has learning plans for high school students.
• State Constitutional Provisions on Expressive Rights, First Amendment Encyclopedia.

2.UNCOVER: W.E.B. Du Bois, the Niagara Movement, and the History of the NAACP

Born in 1868 and raised in Great Barrington, Massachusetts, W.E.B. Du Bois was an immensely influential African American educator, writer, activist, and scholar. He was born just before the passage of the 14th Amendment and he lived nearly a century until just one day before the 1963 March on Washington for Jobs and Freedom.

Du Bois was one of the founders of the NAACP (National Association for the Advancement of Colored People) in 1909. His 1935 historical study, Black Reconstruction in America, placed “the struggles and triumphs of African Americans at the center of the Reconstruction story” (Gates, 2019, p. 255). His book, The Souls of Black Folks, sold nearly 20,000 copies between 1903 and 1940. The book contains the famous phrase, “the problem of the Twentieth Century is the problem of the color-line.”

Du Bois was also the founding editor of The Crisis, the official magazine of the NAACP. The first issue appeared in November, 1910.

W.E.B. DuBois’ life and writings, said Henry Louis Gates (2019), “often set the terms of the civil rights debate” and “his critique of white supremacy was insistent" (p. 254).

Read a short biography at NAACP Histoy: W.E.B. Du Bois.

The Niagara Movement (founded by W.E.B. Du Bois and William Trotter in 1905) and the NAACP were political organizations formed to oppose racial segregation and political disenfranchisement of African Americans and to realize the goals of equality for African Americans. In The Niagara Movement's Declaration of Principles (1905), Du Bois declared: "We want full manhood suffrage and we want it now... We are men! We want to be treated as men. And we shall win."

The NAACP set forth a belief in using nonviolent protests and legal actions as the most effective way to achieve full and equal rights for African Americans. In the 1950s and 1960s, civil rights leader Dr. Martin Luther King, Jr. lead the practice of nonviolent resistance against segregation and discrimination faced by African Americans in the United States.

W.E.B. Du Bois and Infographics

The African American sociologist and historian W.E.B. Du Bois was a pioneer in the field of data visualization.

Beginning in 1897, while at Atlanta University, Du Bois, together with students in his sociology lab, began producing full-color maps, charts, graphs, and tables about African American life in the post-Civil War United States. He drew his graphics by free hand printing and coloring. His work dramatically demonstrated both Black progress since slavery and the persistence of institutionalized White racism.

You can view many of these at How a Collection of 1900s W.E.B. Du Bois Infographics Set Out to Refute Racism.

An infographic is a visual display of information, which generally includes a chart, graph, map, diagram, or illustration. An infographic can be static or interactive. Interactive infographics allow viewers to interact with the content of the infographic and learn through inquiry (see Lunar cycle and sleep interactive infographic).

Today, digital tools, such as Piktochart, Easel.ly, and Canva make the design of infographics possible without any graphic design or drawing skills needed. As such, infographics are a popular tool for individuals and organizations who need to convey information in a way that is easy to understand. There are many ways infographics are used, such as hurricane/tsunami trackers, earthquake monitors, fire and smoke maps from wildfires, and COVID-19 pandemic infection and hospitalization rates. 

At the same time, visual displays of data can be confusing and sometimes intentionally biased and false. More than two decades ago, information theorist Edward Tufte (2001) referred to messy, distorted presentations of visual presentations as “chartjunk” (p. 106). Later he called information displays that appear more like sales pitches than thoughtful analyses “phluff” (2006, p. 26). Chartjunk and phluff “often weaken verbal and spatial reasoning” and also serve to “corrupt statistical reasoning,” said Tufte (2006, p. 3).

Activity 1: Create an Infographic about Civil Rights 

• Review the Niagara Movement and History of the NAACP and Accomplishments of the Civil Rights Movement pages in the resourcesforhistoryteachers wiki.
• Create a hand drawn or digital infographic that highlights how the Civil Rights Movement influenced present-day society for Black Americans. 

Activity 2: Create an Infographic about a Social Issue

• Choose a local, state, or national issue you care about. It might be the environment, the pandemic, politics, education policies, or another topic that is impacting your life, your family, and those around you in your community.
• Write down a series of “I Wonder Questions” about the topic. An "I Wonder Question" is a question you have about the topic - something you want to know more about.
• Conduct Internet research based on your I Wonder Question. Collect information from reliable sources such as government and college/university websites, major newspapers, and foundations. You can consult our Where to Find Reliable Resources Infographic (2020) for more possible sources of information.
• Develop an infographic display of your findings. For online infographic building tools, consult 16 Best Infographic Makers on the Web.
• Explain how your infographic offers a clear and unbiased presentation of information.

Online Resources for W.E.B. DuBois and the NAACP

• The NAACP: A Century in the Fight for Freedom, Primary Source Set, Library of Congress
•  W.E.B Du Bois, Booker T. Washington, and Jim Crow, Alabama History Education Initiative
• W.E.B. Du Bois, Hutchins Center for African & African American Research, Harvard University
• W.E.B. Du Bois National Historic Site
• NAACP's Anti-Lynching Campaign in the 1930s, EDSITEment
• Civil Rights Movement Lesson Plans, Wisconsin Historical Society
• NAACP History and Geography, 1909-1980, Mapping Social Movements, University of Washington
• President Obama Addresses the NAACP, July 20, 2009
  • View the video of the Address

3.ENGAGE: What Influential Social Justice and Diverse History Documents Should Every Student Know?

In 2003, the National Archives, in conjunction with National History Day and U.S. News & World Report magazine, conducted a People’s Vote to determine the most influential documents in United States history. Some 39,000 people voted, online and by paper ballot. Based on the results, the documents were ranked from 1 to 100. The Declaration of Independence was first, followed by the Constitution, the Bill of Rights, the Louisiana Purchase Treaty, and the Emancipation Proclamation. Here is the entire list: The Results of the People's Vote: The Most Influential Documents in American History.

How might the list and the vote have been different if people had been asked to choose the most influential social justice and diverse history documents in U.S. history?

For example, have you heard of The Great Treaty of 1722 (also known as the Treaty of Albany), the oldest treaty still in effect in Colonial American and United States history law. That treaty, negotiated between representatives of three British colonies and the Native American leaders of the Haudenosaunee Confederacy set forth ways to resolve conflicts between communities and peoples through peaceful means, what we today would call restorative justice. To learn more, read "A 300-Year-Old Treaty and a Lesson on Justice," Nicole Eustace (The New York Times, December 4, 2022).

Like the Great Treaty of 1722, social justice and diverse history documents are speeches, laws, books, declarations, and other texts that positively impact and feature the lives and freedoms of African Americans, Native Americans, women, Latinos, LBGTQ+ individuals, disabled individuals, and other historically marginalized groups (see Suggested Learning Activities box below as a starting point for developing your own collection of materials).

Social justice and diverse history documents provide a wide-ranging view of what it means for there to be freedom, justice, and democracy for all. They are key experiences within the school curriculum by expanding the what are considered to be founding documents that every student should learn.

What social justice documents that you think every student needs to know? 

Standard 2.5 Conclusion