|
 In
Congress Assembled
LESSON TWO: The Bill of Rights
On 12 September 1787, during the final days of the Constitutional
Convention, George Mason of Virginia expressed the desire that
the Constitution be prefaced by a Bill of Rights. Elbridge Gerry
of Massachusetts proposed a motion to form a committee to incorporate
such a declaration of rights; however the motion was defeated.
This lesson examines the First Congress's addition of a Bill of
Rights as the first ten amendments to the Constitution.
Preliminary Activity:
Review the amendment process outlined in Article V of the Constitution.
Discussion:
- Examine the documents entitled Richmond, State of Virginia.
In Convention . . .. Consider such questions as:
- What were the concerns expressed by the Virginia Ratifying
Convention?
- Why did a minority of the Convention desire to have amendments
attached before agreeing upon ratification?
- On what conditions did the Convention agree to ratify the Constitution?
- Within groups, assume responsibility for examining several
of the Virginia resolutions adopted Friday, 27 June 1788, so
that all 20 articles are studied. Report to the class on
the scope of the reviewed articles. Consider such questions as:
- What is the purpose of government?
- Why did Virginia feel that it was necessary to propose amendments to the Constitution?
- What are the limitations these proposed articles would place
on government?
- How do these proposed amendments reflect on the experiences
under the British system?
- To what extent are the proposed amendments either stated or
implied in the Constitution?
- Discuss why the majority of Virginia's ratification convention
felt it was necessary to include these articles.
- Read the proposed amendments passed by the Congress of
the United States meeting in New York on 4 March 1789. Consider
such questions as:
- How do the first two amendments differ from the remaining ten?
- What may account for the failure of three-fourths of the states
to ratify the first two of the proposed twelve amendments?
- Compare Virginia's proposed amendments to the Bill of Rights which
were ratified in 1791.
Culminating Activity:
Debate the proposition: Resolved, the inclusion of a Bill
of Rights in the Constitution was necessary and prudent.
Extension Activities
- The Bill of Rights
- Read Federalist 84 from The Federalist Papers edited by Clinton Rossiter (See Selected Resources.), regarding the reasons why a Bill of
Rights was not included in the Constitution and evaluate Alexander
Hamilton's assertion that a bill of rights is " ...not only
unnecessary in the proposed Constitution but would even be dangerous."
- Read Brutus' letter, To the Citizens of the State of New York, 1 November
1787, in The Antifederalist Writings by the Opponents of the Constitution, Herbert J. Storing, ed.((See Selected Resources.), on the need for a Bill of Rights.
- What are the arguments
used to convince the people that specific guarantees of rights
are necessary?
- Review Thomas Jefferson's Letter to James Madison
[extension activity for Lesson One] for Jefferson's concern regarding
the failure to include a Bill of Rights.
- Amendments proposed by the House of Representatives
Examine the seventeen amendments in the House of Representatives'
Resolution and Articles of Amendment passed on 24 August 1789, from The Founders" Constitution: Major Themes, edited by Philip Kurland and Ralph Lerner. (See Selected Resources.) How do these seventeen amendments differ from the twelve approved by the
Senate on 14 September 1789?
- Amending the Constitution
- Review Article V of the Constitution and explain the two ways
in which the Constitution may be amended.
- Examine H.J.Res.
2, H.J.Res. 73, and S.J.Res. 21 (104th Congress, 1st Session), proposed amendments
to the Constitution with respect to the number of terms of office
of Members of Congress. To track the legislative history for those bills, see the Bill Summary and Status Information for each bill.
- Read editorials in newspapers and magazines which
help provide a survey of public reaction to the proposed amendment.
- Write a position paper expressing your views on limiting terms
of member of Congress.
|
