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constitutional controversies: activity ideas

Activity Ideas | Related Resources

  1. Does Freedom of the Press Go Too Far?

    Grade Level: 6-8; 9-12
    Subject: Social Studies; Reading & Language Arts, Art

    A recent survey of more than 100,000 students illustrated that high school students were not learning enough about First Amendment issues and importance of a free press in their classes. For example, three-fourths incorrectly believed that burning the U.S. flag was illegal and nearly half wrongly thought the U.S. government had the authority to censor the Internet for indecent materials. Furthermore, 36 percent of students said newspapers should receive government approval before publishing stories and another 32 percent thought the press had "too much freedom to do what it wants."

    First, tell students to put their thoughts about freedom of the press and freedom of speech into pictures. Have each student choose one of these two terms and create a poster showing what that term means to him or her. Encourage students to use a variety of materials. Ask your students to research freedom of the press in other countries. (See Press Freedom Survey in Online Resources below.)

    Exactly how far is too far when we talk about "freedom of press"? Many American believe the media has "too much freedom" during wartime -- that the government should curtail what journalists can and cannot report to the public. For years, the Pentagon did not allowed images of fallen soldiers from Iraq and Afghanistan to be released or their caskets to be photographed by media. Under pressure from advocates of open government, the Pentagon released nearly 300 photos of flag-draped coffins.

    Ask your students about their reaction to these photos and the Pentagon's decision. (The photos can be seen at the National Security Archive.) Ask your students to consider these questions:

    • Should pictures of battle scenes and casualties be released for public viewing on television, in newspapers, and in magazines?
    • Is government censorship of wartime photos ever acceptable?

    Have students write a persuasive essay or speech that takes a stand on wartime photos and censorship issues. In the essay, focus on a specific war, perhaps the Iraq War. Discuss what limits, if any, should have been placed on photographers, editors, publishers, and the media in general. Give reasons, facts, examples, and details to support your arguments for or against the censorship or close control of the wartime photos and information. Include a photo that you believe represents and illustrates your point of view. When presenting the essay, show the photo and give a bit of background about it. Then give a brief explanation of how the photo supports what you are saying.

    To examine other controversial issues concerning the limits of freedom of speech, visit the Freedom Forum (See "When May Speech Be Limited?").

    Online Resources

    Freedom: A History of US: The Fourth Estate:
    http://www.pbs.org/wnet/historyofus/web10/segment4.html

    Online NewsHour: Making a Free Press (Iraq):
    http://www.pbs.org/newshour/bb/middle_east/jan-june03/iraq_06-17.html

    P.O.V.: War Feels Like War:
    http://www.pbs.org/pov/pov2004/warfeelslikewar/

    Reporting America At War:
    http://www.pbs.org/weta/reportingamericaatwar/index.html

    First Amendment Center: Press:
    http://www.firstamendmentcenter.org/Press/index.aspx

    Freedom House: Freedom of the Press Survey:
    http://www.freedomhouse.org/template.cfm?page=16&year=2005

    PBS Lesson Plans/Activities

    Flashpoints USA: A Free and Open Press:
    http://www.pbs.org/flashpointsusa/20030916/educators/lessonplan.html

    Frontline World: Freedom of the Press Around the World:
    http://www.pbs.org/frontlineworld/educators/politics_press.html

    Reporting America at War: The Power of Pictures:
    http://www.pbs.org/weta/reportingamericaatwar/teachers/pictures.html

    Reporting America at War: Press Censorship:
    http://www.pbs.org/weta/reportingamericaatwar/teachers/debate.html

    Print Resources

    The First Amendment: Freedom of Speech, Religion, and the Press by Leah Farish
    The U.S. Constitution and You by Syl Sobel, Denise Gilgannon (Illustrator)
    The Words We Live By: Your Annotated Guide to the Constitution by Linda Monk

    More Recommended Resources

  2. Separation of Church and State

    Grade Levels: 6-8; 9-12
    Subjects: Social Studies; Reading & Language Arts; The Arts

    The separation of church and state was a fundamental belief of the founding fathers. The phrase, "separation of church and state," however, does not actually appear in the U.S. Constitution. The basis for this belief is expressed in the First Amendment, which reads:

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

    The First Amendment's section on religion is divided into two parts: the Establishment Clause and the Free Exercise clause. It is this vague language that has fueled passionate debates over what the framers' intention regarding religion in American public life. The presence of religion in government and vice versa was a potent issue in the 2004 presidential election and greatly influenced the recent Congressional effort to intervene in the Terri Schiavo case and the campaign against the Senate filibuster. Other church/state issues in the headlines include disputes over the teaching of evolution, efforts to make a constitutional issue of gay marriage, government-funded faith-based initiatives, senatorial battles over federal appeals court appointees, and the perennial Roe v. Wade issue.

    Instruct your students to read the full text to the Establishment Clause and Free Exercise Clause. Then read the interview with Robert Schenck, president of the national clergy council and an ordained minister with the Evangelical Church Alliance, and Barry Lynn, the executive director of Americans United for Separation of Church and State, and an ordained minister with the United Church of Christ. The issue discussed is the removal of the granite Ten Commandments from the Alabama Supreme Court on grounds that it violated the establishment clause.

    Set up a class panel discussion to address the following issues (Teacher should guide discussion and research):

    • What does freedom of religion mean?
    • Should schools be allowed to teach religious beliefs?
    • Why do we have separation of church and state?
    • Should we have prayer in our schools?
    • Can a government make you believe in God or not allow you to go to church?

    Introduce students to some of the most famous Supreme Court cases about the role of religion in American society. Some of these cases include:

    • Everson v. Board of Education
    • McCollum v. Board of Education
    • School District v. Schemp
    • Walz v. Tax Commission
    • West Virginia State Board v. Burnette
    • Wisconsin v. Yoder
    • Locke v. Davey
    • Zelman v. Simmons-Harris

    Assign groups of students one case to research and prepare a class presentation. The presentation could be in the form of a skit (reeanactment of a Supreme Court hearing, for example), an art project (a mural or timeline) -- encourage them to be creative. Make sure that each group presents an accurate and fair presentation.

    Prior to each group announcing what the Supreme Court decided, ask the class for a show of hands for or against.

    Online Resources

    NOW: God and Government:
    http://www.pbs.org/now/politics/churchandstate.html

    NewsHour Online: Church and State:
    http://www.pbs.org/newshour/bb/religion/july-dec03/church_8-27.html

    NewsHour Extra: School and Religion:
    http://www.pbs.org/newshour/extra/features/jan-june00/prayerdecision.html

    Frontline: The Jesus Factor -- Faith-Based Initiatives:
    http://www.pbs.org/wgbh/pages/frontline/shows/jesus/president/faithbased.html

    Flashpoints USA: God and Country:
    http://www.pbs.org/flashpointsusa/20040127/infocus/

    Exploring Constitutional Conflicts: Free Exercise of Religion:
    http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm

    First Amendment Center:
    http://www.fac.org

    First Amendment Center: History of Religious Liberty in America:
    http://www.fac.org/rel_liberty/history/overview.aspx

    PBS Lesson Plans/Activities

    Flashpoints USA: Church and State Separation:
    http://www.pbs.org/flashpointsusa/20040127/educators/

    NOW: Whose God?:
    http://www.pbs.org/now/classroom/whosegod.html

    Religion and Ethics Newsweekly: Religion in Public Schools:
    http://www.pbs.org/wnet/religionandethics/teachers/lp_rps.html

    Print Resources

    The Separation of Church and State: Writings on a Fundamental Freedom by America's Founders by Forrest Church (Editor)
    The Constitution & Religion: Leading Supreme Court Cases on Church and State by Robert S. Alley (Editor)

    More Recommended Resources

  3. Checks and Balances Off Balance?

    Grade Level: 6-8; 9-12
    Subjects: Social Studies; Math; Reading & Language Arts; The Arts

    During the making of the Constitution, the delegates attending the Constitutional Convention agreed that the new government they were creating needed to be balanced in such a way that no one person or group would be able to control the masses. They divided power to make and implement policy among the president and his advisors (the executive branch), bodies of elected officials like congress or a parliament (the legislative branch) and a judicial branch. Each of the three branches has some power over the other two. The president can veto laws, the congress can refuse to cooperate with a president and the courts can declare laws unconstitutional.

    Students should explore the idea of "checks and balances." How can each branch exert control over the other two branches? See the online resources below for more information.

    The U.S. Constitution (Article II, section 2) requires that the Senate give its advice and consent to the president on war and treaty-making decisions and on appointments to certain key offices. Most presidential appointments require confirmation by a majority vote in the Senate. The vast majority of nominations are to minor positions. Nominees to major positions (federal judges, members of regulatory bodies, and key executive and diplomatic personnel) face the closest scrutiny.

    In April, the confirmation of John Bolton, President Bush's nominee to be the next UN ambassador, was delayed by Democratic opposition and reservations by a few key Republicans. Many believe that the president should be allowed to choose his cabinet and key advisors during his term(s) in office. Others concede that the president should have considerable leeway, but nonetheless has to recognize that no nominee will be "rubber stamped" by the Senate. The most divisive battles, however, have been over federal judges. These men and women, once confirmed, serve lifetime appointments, not just the administration while in office. Over the years, the opposition party has used the filibuster to stop judicial nominees from being brought to a full vote in the Senate.

    Ask students to research the filibuster. Useful sites include:

    Make sure students are familiar with terms such as double-tracking, cloture, supermajority, and recess appointment.

    Have students research how often the filibuster was used during the Clinton administration (1993-2001) and the Bush administration (2001-present). How many judicial appointments did each president make? How many were blocked by opponents in Congress? What percentage of judicial appointments and appointments to other positions (cabinet positions, for example) were derailed by such tactics? Do students believe that eliminating the filibuster -- the so-called "nuclear option" -- is a good idea? Has the filibuster been abused? Have students defend their answer and cite specific examples.

    Students may want to place their thoughts in a letter to the editor of the local newspaper either supporting or opposing the filibuster.

    Online Resources

    NewsHour Extra: Democracy: As American as Apple Pie:
    http://www.pbs.org/newshour/extra/features/jan-june00/

    U.S. Constitution Online:
    http://www.usconstitution.net

    Social Studies Help: How Does Our System of Checks and Balances Help Protect Our Rights?:
    http://www.socialstudieshelp.com/Lesson_13_Notes.htm

    National Constitution Center:
    http://www.constitutioncenter.org/explore/BasicGoverningPrinciples/ ...

    PBS Lesson Plans/Activities

    NewsHour Extra: The President's Cabinet:
    http://www.pbs.org/newshour/extra/teachers/lessonplans/ ...

    NewsHour Extra: Checks and Balances in Supreme Court Nominations:
    http://www.pbs.org/newshour/extra/teachers/lessonplans/ ...

    Print Resources

    A Balancing Act: A Look at Checks and Balances (How Government Works) by Kathiann M. Kowalski
    Politics or Principle: Filibustering in the United States Senate by Sarah A. Binder and Steven S. Smith

    More Recommended Resources

  4. What is "Cruel and Unusual"?

    Grade Level: 9-12
    Subject: Social Studies; Reading & Language Arts

    One of the most controversial and divisive issues in American public life is the death penalty. The Supreme Court reinstated in 1976 by ruling that it did not violate the Eighth amendments "cruel and unusual punishment."

    First, elicit from students what they know about the death penalty by writing the following questions on the board:

    • What is capital punishment/the death penalty?
    • Why do we have it?
    • Why do many support it?
    • Why do many oppose it?
    • What's your position on the death penalty? Why do you hold this position?

    Although the constitutionality of capital punishment is reasonably well-settled, the Supreme Court has over the years considered various limitations on the administration of the penalty. In 1989, the Court held that executions of offenders age 15 and younger at the time they committed their crimes was prohibited by the Eighth Amendment. In 2002, the justices ruled that the execution of mentally retarded criminals also amounted to "cruel and unusual punishment." In 2005, more than a decade after drawing the line on capital punishment at age 15, the Court ruled that executions for juveniles who committed their offenses at age 16 or 17 were also unconstitutional under the Eighth Amendment. Read about the Supreme Court and the death penalty for juveniles case at these PBS web sites:

    Have students return to the Eighth Amendment of the Constitution and read it aloud. Ask them what kinds of punishments might be seen as "cruel or unusual" under the Constitution. For example, what about torture? Also, students should respond that punishment must fit the crime. Why do students think the Supreme Court justices believe executing a juvenile is "cruel and unusual," but executing an adult is not?

    Online Resources

    Religion and Ethics Newsweekly: Capital Punishment -- Retribution or Justice:
    http://www.pbs.org/wnet/religionandethics/week437/cover.html

    NewsHour Online:Supreme Court Watch (recent death penalty cases):
    http://www.pbs.org/newshour/forum/june03/scotus_forum3.html

    Pro-Death Penalty.com:
    http://www.prodeathpenalty.com

    American Civil Liberties Union:
    http://www.aclu.org/capital/index.html

    The National Coalition to Abolish the Death Penalty:
    http://www.ncadp.org

    PBS Lesson Plans/Activities

    And Then One Night: The Making of "Dead Man Walking":
    http://www.pbs.org/kqed/onenight/teachers/

    NewsHour Extra: The Juvenile Death Penalty:
    http://www.pbs.org/newshour/extra/teachers/lessonplans/ ...

    American Experience: "Murder at Harvard":
    http://www.pbs.org/wgbh/amex/murder/tguide/index.html

    More Recommended Resources

Published: May 2005