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Buy Official© Solutions Manual for Constitutional Law and the Criminal Justice System, Harr,7e

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Uploaded on
June 2, 2024
Number of pages
99
Written in
2023/2024
Type
Class notes
Professor(s)
Harr
Contains
All classes

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Chapter 1
A Historical Overview

LEARNING OBJECTIVES

Upon completing this chapter, the students will be able to:

LO1 Identify the three main groups that coexisted in 1775 in the land that would become the
United States of America and which of these groups U.S. history tends to ignore.
LO2 Know when, where, and why the First Continental Congress and the Second Continental
Congress convened and what each resulted in.
LO3 Name the document that formally severed the American colonies’ ties with Great Britain
and know when this document was signed.
LO4 Clarify what the primary purpose of the Constitution is and how it is achieved.
LO5 Describe how the balance of power was established.
LO6 Summarize what the Bill of Rights is and why it was included with the Constitution.
LO7 Pinpoint the glaring omission in the Constitution and Bill of Rights that contradicted the
Declaration of Independence.

LESSON PLAN
Correlated with PowerPoints

I. Introduction
4
A. Discussion of the roots of the Constitution
B. Examination of how the U.S. developed
C. Overview of the Constitution and the Bill of Rights

5 II. Where It All Began
Learning Objective 1: Identify the three main groups that coexisted in 1775 in the land
that would become the United States of American and which of these groups U.S. history
tends to ignore.
A. Law is a body of rules promulgated (established) to support the norms of that society,
enforced through legal means, that is, punishment.
B. A constitution is a system of basic laws and principles that establish the nature,
functions and limits of a government or other institution.
C. The U.S. Constitution is youthful, which makes it all the more impressive for its
enduring nature and flexibility.
6 D. Pluralism refers to a society in which numerous distinct ethnic, religious or cultural
groups coexist within one nation, each contributing to society as a whole.
E. Multiple groups coexisted in the early colonies.
1. American Indians
2. African Slaves
3. Colonists
F. Each group contributed to the fabric of the new country, but most history focuses on
the colonists.

1-1

, Class Discussion/Activity:
Ask students how the various cultures incorporated into the United States have
contributed to the uniqueness of U.S. law.

What If Scenario:
In 1775, three large groups coexisted in the United States: the American Indians, the
African slaves, and the colonists. Tecumseh was a Native American leader of the
Shawnee and a large tribal confederacy. As the colonists expanded West and encroached
on tribal lands, fighting broke out between them, ending in Tecumseh’s defeat. What if,
instead of fighting the Confederation, the United States had recognized the Native
American tribes as having authority over their historical lands and collaborated with
them in the development of the Continent?

III. Development of the United States of America
7
Learning Objective 2: Know when, where, and why the First Continental Congress and
the Second Continental Congress convened and what each resulted in.
A. Colonial Dissension Grows.
1. Great Britain had two major problems
i. Westward settlement by colonists
ii. Huge debt from military action
2. Stamp Act of 1765- required stamps for certain documents and commodities.
3. Quartering Act- required colonists to feed and shelter troops.
4. 1773 Boston Tea Party- colonists boarded three British ships and dumped
cargos of tea overboard.
5. Parliament passed several laws in retaliation for this open act of defiance.

Class Discussion/Activity:
A major problem facing Great Britain was the huge debt resulting from English military
action to expand the empire. The British Parliament felt the colonists should share this
debt. Have students discuss how this was a nexus for what the Patriots were attempting
to do.

8 B. The First Continental Congress
1. Agreement between colonies to stand against Britain.
2. In 1774, 55 delegates from 12 colonies met in Philadelphia.
3. Resulted in the first written agreement among the colonies to stand together in
resistance against Britain.
4. Agreed on three important actions:
i. Adopted a set of resolutions that defined the rights, liberties, and
immunities of the colonists.
ii. Addressed King George III and citizens of Britain calling for a
restoration of American rights.
iii. Established a boycott to prevent the buying of British goods until
Congress’ demands were met.
5. In March 1775, Patrick Henry delivered his famous plea for freedom.


1-2

, Class Discussion/Activity:
What were the three important actions accomplished by the First Continental Congress?

What If Scenario:
What if Patrick Henry had not given the speech that he did? Do you believe that his
speech caused colonists to better understand the circumstances that existed, and led to a
more unified union against the British?

Assignment 1

C. The Revolution Begins.
9 1. Led, financed, and designed by and for those with social and economic power.
2. Battles at Lexington and Concord prompted the colonists to meet again.
D. The Second Continental Congress.
10
1. Made plans to raise money, sought support from other countries.
2. Preparing for war with the British.
3. Colonies form own governments, assume powers of independent states.
Class Discussion/Activity:
George III denounced the American leaders as “rebels” and ordered the British military
to suppress the disobedience and punish the authors of the “treacherous” resolves. What
effect did George III’s edict have?

Media Tool 1:
For more Library of Congress goodies, access The Journals of the Continental
Congress and browse the records of both the First and Second Continental Congresses
(1774–1789) at http://memory.loc.gov/ammem/amlaw/lwjc.html.


IV. The Declaration of Independence
Learning Objective 3: Name the document that formally severed the American colonies’
11 ties with Great Britain, and know when this document was signed.
A. What It Cost the Signers,
1. Signing was an act of treason punishable by death,
12 2. 9 of the 56 signers died during the American Revolution,
3. 18 had their estates looted or burned,

Class Discussion/Activity:
The costs to the signers were significant. Discuss with the class if they believe they
would be willing to make the necessary sacrifices for an issue like this.




13

1-3

, B. The Articles of Confederation.
1. States proclaim “firm league of friendship” and a “perpetual union.”
2. Duties divided among the states and the central government.
3. “Shay’s Rebellion” and the need for a constitution.

V. The Constitution Takes Shape.
Learning Objective 4: Clarify what the primary purpose of the Constitution is and how
it is achieved.
14 A. The Influence of the Magna Carta.
1. The most important instrument of English government.
2. Established supremacy of law over the ruler; ensured individual rights and “due
process.”
3. Precedent for democratic government and individual rights.

Class Discussion/Activity:
Although the colonists rejected British rule, they recognized that a document such as the
Magna Carta provided a stable framework from which to start. Ask why this document
was so important, and, how we are still seeing its effects in the United States today.

Assignment 2

15 B. The 1787 Constitutional Convention of Delegates.
1. Purpose: establish central government, incorporate checks and balances to
16 limit government power.

Media Tool 2:
The Library of Congress web site offers an integrated collection of the official
proceedings of the Federal Convention of 1787, including Madison’s and other delegates’
notes, at http://memory.loc.gov/ammem/amlaw/lwfr.html.
Discussion: Choose one topic to read up on. What parts of the discussion surprise you?

2. Issues.
i. Structure and powers of Congress.
ii. Executive branch.
iii. Judicial system.
iv. Constitutionalism.
v. Rule of secrecy during convention.
vi. The Virginia resolution.
vii. The New Jersey Plan.
viii. The Great Compromise.
ix. Separation of Powers.

Class Discussion/Activity:
A threatened deadlock was averted by the Great Compromise, which gave each state
an equal vote in the Senate and a proportionate vote in the House. Have your students
discuss how this compromise, and others, helped to create the Constitution that we have.


1-4

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