Teaching about Constitutional Rights With Resources from the

National Archives and the Center for Legislative Archives

The National Archives preserves the records

that document America’s civic legacy of self

government under the Constitution.

http://www.archives.gov/

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From

The Center for Legislative

Archives

Archives.gov/legislative

Guiding Question: What insights about constitutional rights can

students gain from studying how Congress created the Bill of Rights?

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Defining Rights

A Simple Chronology of the Debate on Rights 1787 — 1791

1. September 1787: The Constitutional Convention sends the proposed

Constitution to the States for ratification

1. December 1787 — July 1788: State conventions meet to debate and vote

on ratification of the Constitution

1. June 1788: The Constitution is ratified when the ninth state, New

Hampshire, votes to accept it

1. June – July 1788: Despite 9 states having ratified, the Constitution

depends on the ratification of the two biggest states — Virginia and New

York — for legitimacy

5. During ratification debates, the state conventions have proposed over 200

amendments to the Constitution

5. November 1788: National elections select officials of the new government

5. April 1789: The First Congress convenes in New York

5. June 1789: James Madison proposes that a Bill of Rights be added to the

Constitution

5. October 1789: Congress has finished its work and sent 12 proposed amendments

to the states for ratification

5. December 1791: 10 Amendments have been ratified by the states.

Issue 1: What contributions did Anti-Federalists in state ratifying

conventions make to the Bill of Rights?

What are the sources and limits of constitutional rights?

“There are certain natural rights of which men, when they form a social compact

cannot deprive or divest their posterity, among which are the enjoyment of life and

liberty, with the means of acquiring, possessing and protecting property, and

pursuing and obtaining happiness and safety.”

Virginia Convention, June 27, 1788

“There are certain natural rights of which men, when they

form a social compact cannot deprive or divest their

posterity, among which are the enjoyment of life and liberty,

with the means of acquiring, possessing and protecting

property, and pursuing and obtaining happiness and safety.

Virginia Convention, June 27, 1788

What do they claim is the source of rights?

What limitation is on the actions of constitution

makers?

In

“There are certain natural rights of which men, when they

form a social compact cannot deprive or divest their

posterity, among which are the enjoyment of life and liberty,

with the means of acquiring, possessing and protecting

property, and pursuing and obtaining happiness and safety.

Virginia Convention, June 27, 1788

Source of Rights: There are certain natural rights

Context: when they form a social compact

Limitation: cannot deprive or divest their posterity

Virginia Convention, June 27, 1788

“There are certain natural rights of which men, when they form a social

compact cannot deprive or divest their posterity, among which are the

enjoyment of life and liberty, with the means of acquiring, possessing and

protecting property, and pursuing and obtaining happiness and safety.

What rights do they identify?

1.

2.

3.

What is the significance of this phrase? among which are

Follow up question: Are there other rights? Are their additional sources of rights?

Virginia Convention, June 27, 1788

“There are certain natural rights of which men, when they form a social

compact cannot deprive or divest their posterity, among which are the

enjoyment of life and liberty, with the means of acquiring, possessing and

protecting property, and pursuing and obtaining happiness and safety.

The rights they identify:

• the enjoyment of life and liberty

• the means of acquiring, possessing and protecting property

• pursuing and obtaining happiness and safety

What is the significance of this phrase? among which are

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

What are the source(s) and limits of constitutional rights? (Continued)

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

On what terms is power is granted?

What does this statement suggest about the source of governmental power?

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

On what terms is power is granted?

whensoever it shall become necessary to their Happiness

What is the source of governmental power?

the Powers of Government may be reassumed by the People

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

What burden does this place on Constitution writers?

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

What burden does this place on Constitution writers?

that every Power, Jurisdiction and Right, which is not by the said

Constitution clearly delegated to the Congress of the United

States, or to the departments of the Government thereof, remains

to the People

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

Does this statement reflect federalism or popular sovereignty?

New York Convention, July 26, 1788

“That the Powers of Government may be reassumed by the People,

whensoever it shall become necessary to their Happiness; that every Power,

Jurisdiction and Right, which is not by the said Constitution clearly delegated

to the Congress of the United States, or to the departments of the Government

thereof, remains to the People of the several States or to their respective State

Governments to whom they may have granted the same….”

Federalism or popular sovereignty?

1. remains to the People of the several States

1. or to their respective State Governments to whom

they may have granted the same….”

Statement of the Minority of the Pennsylvania Ratification Convention

December 12, 1787

“Seventh. That the people have a right to bear arms for the defence of

themselves and their own state, or the United States, or for the purpose of killing

game…

Eighth. The inhabitants of the several states shall have liberty to fowl and hunt

in seasonable times, on the lands they hold, and on all other lands in the United

States not (enclosed), and in like manner to fish in all navigable waters, and

others not private property, without being restrained therein by any laws to be

passed by the legislature of the United States.”

What are the source(s) and limits of constitutional rights? (Continued)

“Seventh. That the people have a right to bear arms for the defence of

themselves and their own state, or the United States, or for the

purpose of killing game…

Eighth. The inhabitants of the several states shall have liberty to fowl

and hunt in seasonable times, on the lands they hold, and on all other

lands in the United States not (enclosed), and in like manner to fish in

all navigable waters, and others not private property, without being

restrained therein by any laws to be passed by the legislature of the

United States.”

For what purpose should gun rights be reserved to the people?

“Seventh. That the people have a right to bear arms for the defence of

themselves and their own state, or the United States, or for the

purpose of killing game…”

Should rights be reserved to the people for a purpose?

for the defence of themselves

for the purpose of killing game

Eighth. The inhabitants of the several states shall have liberty to fowl and hunt in

seasonable times, on the lands they hold, and on all other lands in the United States not

(enclosed), and in like manner to fish in all navigable waters, and others not private

property, without being restrained therein by any laws to be passed by the legislature of

the United States.”

Should rights be stated in detailed or general terms?

Should rights be related to actual activities or to principles?

Additional statements from ratifying conventions on gun rights:

“That the people have a right to keep and bear arms; that a well regulated militia

composed of the body of the people trained to arms is the proper, natural and safe

defense of a free state. That standing armies in times of peace are dangerous to

liberty, and therefore ought to be avoided ... That any person religiously

scrupulous of bearing arms ought to be exempted upon payment of an equivalent

to employ another to bear arms in his stead.

Virginia Convention, June 27, 1788

For what purpose?

What right was retained by the people?

What general statement do they add related to the right?

Conditions on the characteristics of the militia and its members:

To what extent was this convention calling for a right to own guns?

“That the people have a right to keep and bear arms; that a well regulated

militia composed of the body of the people trained to arms is the proper,

natural and safe defense of a free state. That standing armies in times of peace

are dangerous to liberty, and therefore ought to be avoided ... That any person

religiously scrupulous of bearing arms ought to be exempted upon payment of

an equivalent to employ another to bear arms in his stead.

Purpose: a well regulated militia composed of the body of the people trained to arms is

the proper, natural and safe defense of a free state.

The right retained by the people: the people have a right to keep and bear arms

General statement related to the right: That standing armies in times of

peace are dangerous to liberty, and therefore ought to be avoided ...

Conditions on the characteristics of the militia and its members:

1. well regulated militia

3. composed of the body of the people

2. trained to arms

4. any person religiously scrupulous of bearing arms ought to be exempted

upon payment of an equivalent to employ another to bear arms in his

stead.

To what extent was this convention calling for a right to own guns?

Additional statements from ratifying conventions on gun rights:

“That the People have a right to keep and bear Arms; that a well regulated Militia,

including the body of the people capable of bearing Arms, is the proper, natural, and

safe defense of a free State.”

New York Convention, June 26, 1788

How do you read these parallel statements?

1. the People have a right to keep and bear Arms

2. a well regulated Militia, including the body of the people capable of

bearing Arms, is the proper, natural, and safe defense of a free State.”

Drawing Conclusions:

What are the sources of rights?

How does the concept of rights relate to the idea of limited government?

How does the concept of rights relate to the idea of popular sovereignty?

What insights about constitutional rights can students gain from studying statements

on rights such as these?

What are the hooks to grab their attention?

Issue 2: How did Congress Formulate the Bill of Rights?

How can you immerse your students in exploring the work of the First Congress

using primary sources? https://www.archives.gov/legislative

Free Digital App Lesson Plans

Congress Creates the Bill of Rights: Completing the Constitution

Congress and the Bill of Rights in History and Today

The Primary Source at the Heart of This Study:

In what sequence are the Articles arranged in the proposed Bill of Rights?Is this pattern significant?

What do the first four Articles suggest about how people and the government relate?

What do the first four Articles suggest about how people and the government relate?

1 Topic?

3

Topic?

2

Topic?

4

Topic?

What is the topic of the Article?

What does it suggest about the relationship of government and the people?

What is the topic of the Article?

What does it suggest about the relationship of government and the people?

Issue 3: How did Congress Negotiate the Content of the Bill of Rights?

Articles 3 and 4 were reshaped in the congressional debate.

1. How do various changes provide insight into the discussion of the five rights protected in

today’s First Amendment?

1. What hooks are there in this text to engage students in a discussion of these rights?

Illustration from

Digital App

Congress Creates the

Bill of Rights

Archives.gov/legislative

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Does your reading of Articles 15 – 17 suggest that the proposed amendments reflect a

Federalist or Anti-federalist point of view?

Amendment II: A well regulated Militia, being necessary to the security of

a free State, the right of the people to keep and bear Arms, shall not be

infringed.

What is the “original meaning of the Second Amendment?

Is proposed Article the Fifth relevant to this discussion?

If so, how? Why?

Guiding Question: What insights about constitutional rights can

students gain from studying how Congress created the Bill of Rights?

Get resources for your students

From

The Center for Legislative

Archives

Archives.gov/legislative