Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
Instructor Manual
Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026,
9798214112596; Chapter 1: A Historical Overview
TABLE OF CONTENTS
Purpose and Perspective of the Chapter......................................................................2
Chapter Objectives........................................................................................................2
What’s New in This Chapter........................................................................................3
Chapter Outline.............................................................................................................3
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 1
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
PURPOSE AND PERSPECTIVE OF THE CHAPTER
The purpose of this chapter is to provide students with an overview of the origins of the Constitution,
introduce them to the people who were involved in its development, outline the purpose of the
Constitution, and pinpoint the omission in the Constitution and Bill of Rights that contradicted the
Declaration of Independence.
CHAPTER 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 State 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,
identify when this document was signed, and explain what it sought to achieve.
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.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 2
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
WHAT’S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
New key terms: liberty, limited government, sovereign
Global: Reformatted Summary to bullet points
Global: Moved Key Terms to end of chapter
Updated sentence on presidential impeachment
Added cases Trump v. Vance (2020) and Carroll v. Trump (2023) in section discussing the
Executive branch and Constitutional protections
[return to top]
CHAPTER OUTLINE
The following outline organizes activities (including any existing discussion questions in PowerPoints or
other supplements) and assessments by chapter (and therefore by topic), so that you can see how all the
content relates to the topics covered in the text.
I. Introduction (LO1–LO7, PPT Slide 4)
A. Discussion of the roots of the Constitution
B. Examination of how the United States developed
C. Overview of the Constitution and the Bill of Rights
II. Where It All Began (LO1, PPT Slides 5–6)
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 more impressive for its enduring nature
and flexibility.
D. Pluralism refers to a society in which numerous distinct ethnic, religious, or cultural
groups coexist within one nation, each contributing to society.
E. Multiple groups coexisted in the early colonies.
1. American Indians
2. African people who were enslaved
3. Colonists
F. Each group contributed to the fabric of the new country, but most history focuses on the
colonists.
a. Melting pot
b. Benefits in all colonists working together were identified
c. The terms liberty, sovereignty, and limited government represented ideals that
compelled all that was necessary for establishing a new country
i. Liberty is the freedom to live as one chooses and applies to all areas of
one’s life, such as religion, education, and economics.
ii. Sovereignty is the concept that defines where political power rests.
iii. Limited government restricts the power of government and protects the
individual rights and civil liberties of the citizenry.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 3
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
d. Class Discussion/Activity:
Ask students how the various cultures incorporated into the United States have
contributed to the uniqueness of U.S. law.
e. What If Scenario:
In 1775, three large groups coexisted in the United States: the American Indians,
the African people who were enslaved, 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 (LO2, PPT Slides 8–11)
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.
6. 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.
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’s demands were met.
iv. Loyalists or Tory versus Patriot or rebel.
v. Minutemen.
5. In March 1775, Patrick Henry delivered his famous plea for freedom.
6. Class Discussion/Activity:
What were the three important actions accomplished by the First Continental
Congress?
7. What If Scenario:
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 4
publicly accessible website, in whole or in part.
A Historical Overview
Instructor Manual
Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026,
9798214112596; Chapter 1: A Historical Overview
TABLE OF CONTENTS
Purpose and Perspective of the Chapter......................................................................2
Chapter Objectives........................................................................................................2
What’s New in This Chapter........................................................................................3
Chapter Outline.............................................................................................................3
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 1
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
PURPOSE AND PERSPECTIVE OF THE CHAPTER
The purpose of this chapter is to provide students with an overview of the origins of the Constitution,
introduce them to the people who were involved in its development, outline the purpose of the
Constitution, and pinpoint the omission in the Constitution and Bill of Rights that contradicted the
Declaration of Independence.
CHAPTER 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 State 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,
identify when this document was signed, and explain what it sought to achieve.
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.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 2
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
WHAT’S NEW IN THIS CHAPTER
The following elements are improvements in this chapter from the previous edition:
New key terms: liberty, limited government, sovereign
Global: Reformatted Summary to bullet points
Global: Moved Key Terms to end of chapter
Updated sentence on presidential impeachment
Added cases Trump v. Vance (2020) and Carroll v. Trump (2023) in section discussing the
Executive branch and Constitutional protections
[return to top]
CHAPTER OUTLINE
The following outline organizes activities (including any existing discussion questions in PowerPoints or
other supplements) and assessments by chapter (and therefore by topic), so that you can see how all the
content relates to the topics covered in the text.
I. Introduction (LO1–LO7, PPT Slide 4)
A. Discussion of the roots of the Constitution
B. Examination of how the United States developed
C. Overview of the Constitution and the Bill of Rights
II. Where It All Began (LO1, PPT Slides 5–6)
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 more impressive for its enduring nature
and flexibility.
D. Pluralism refers to a society in which numerous distinct ethnic, religious, or cultural
groups coexist within one nation, each contributing to society.
E. Multiple groups coexisted in the early colonies.
1. American Indians
2. African people who were enslaved
3. Colonists
F. Each group contributed to the fabric of the new country, but most history focuses on the
colonists.
a. Melting pot
b. Benefits in all colonists working together were identified
c. The terms liberty, sovereignty, and limited government represented ideals that
compelled all that was necessary for establishing a new country
i. Liberty is the freedom to live as one chooses and applies to all areas of
one’s life, such as religion, education, and economics.
ii. Sovereignty is the concept that defines where political power rests.
iii. Limited government restricts the power of government and protects the
individual rights and civil liberties of the citizenry.
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 3
publicly accessible website, in whole or in part.
, Instructor Manual: Orthmann/Kingsbury/Hess/Harr, Constitutional Law and the Criminal Justice System, 8e, 2026, 9798214112596; Chapter 1:
A Historical Overview
d. Class Discussion/Activity:
Ask students how the various cultures incorporated into the United States have
contributed to the uniqueness of U.S. law.
e. What If Scenario:
In 1775, three large groups coexisted in the United States: the American Indians,
the African people who were enslaved, 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 (LO2, PPT Slides 8–11)
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.
6. 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.
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’s demands were met.
iv. Loyalists or Tory versus Patriot or rebel.
v. Minutemen.
5. In March 1775, Patrick Henry delivered his famous plea for freedom.
6. Class Discussion/Activity:
What were the three important actions accomplished by the First Continental
Congress?
7. What If Scenario:
© 2026 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a 4
publicly accessible website, in whole or in part.
