Jonah Patel
Students are often asked to apply their knowledge of the First Amendment to specific scenarios to determine when those freedoms are protected and when they are not. This is done through worksheets and activities that deal with the Constitutional Amendments 11-27. Students are asked to read different scenarios and figure out if the individual or group in the scenario had their Constitutional rights violated or not. This generates interesting debate and in-class discussion, and can also be used to better understand how the Supreme Court interprets the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Name | Are You Protected? Scenario Constitutional Worksheet |
| Purpose | To help students understand their rights and freedoms, and how they are protected by the Constitution |
| Format | Scenarios are distributed to students, who must decide whether an individual's or group's Constitutional rights have been violated |
| Content | Scenarios are based on the First Amendment and/or Amendments 11-27 |
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What You'll Learn
First Amendment freedoms
The First Amendment freedoms are the right to criticize the government, complain about policies that negatively affect you and ask for change. These freedoms are protected by the amendments to the Constitution. A law or action taken by the government cannot contradict an amendment. If it does, the law or action can be challenged and reversed.
The First Amendment freedoms are not protected in all situations. For example, they may not be protected in certain places, such as at home, in schools or in newspapers. It is important to understand when these freedoms are protected and when they are not. Students can apply their knowledge of the First Amendment to specific scenarios to determine this. They can also discuss each amendment and give examples of how they exercise each freedom.
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Constitutional Amendments 11-27
The 'Are you protected?' scenario is a teaching activity in which students are asked to read different scenarios and decide whether the individual or group in the scenario had their Constitutional rights violated or not.
Amendment XI (passed by Congress March 4, 1794, and ratified February 7, 1795) established the legal doctrine of "sovereign immunity", which protects government entities or officers acting in their official capacity from being sued over the performance of their duties.
Amendment XII (adopted in 1804) revised the procedures for using the Electoral College to elect the President and Vice-President.
Amendment XIII (passed by Congress September 25, 1865, and ratified December 6, 1865) abolished slavery in the United States.
Amendment XIV (passed by Congress June 13, 1866, and ratified July 9, 1868) granted citizenship to all persons born or naturalised in the United States and guaranteed them due process and equal protection under the law.
Amendment XV (passed by Congress February 26, 1869, and ratified February 3, 1870) prohibited the denial of the right to vote based on race, colour, or previous condition of servitude.
Amendment XVI (passed by Congress July 12, 1909, and ratified February 3, 1913) established the income tax.
Amendment XVII (passed by Congress May 13, 1912, and ratified April 8, 1913) established the direct election of Senators by the people of each state.
Amendment XVIII (passed by Congress December 18, 1917, and ratified January 16, 1919) established Prohibition, or the ban on the manufacture, sale, and transportation of alcoholic beverages.
Amendment XIX (passed by Congress June 4, 1919, and ratified August 18, 1920) granted women the right to vote.
Amendment XX (passed by Congress March 2, 1932, and ratified January 23, 1933) changed the date of the beginning of the term of the President and Vice-President from March 4 to January 20, shortened the time between the election and the beginning of the term, and established procedures for filling vacancies in the office of the Vice-President.
Amendment XXI (passed by Congress February 20, 1933, and ratified December 5, 1933) repealed Prohibition.
Amendment XXII (passed by Congress March 21, 1947, and ratified February 27, 1951) limited the President to two terms in office.
Amendment XXIII (passed by Congress June 16, 1960, and ratified March 29, 1961) granted the right to vote to citizens of the District of Columbia.
Amendment XXIV (passed by Congress August 27, 1962, and ratified January 23, 1964) prohibited the denial of the right to vote based on failure to pay a poll tax.
Amendment XXV (passed by Congress July 6, 1965, and ratified February 10, 1967) established procedures for filling vacancies in the office of the President and Vice-President and for declaring the President unable to discharge the powers and duties of the office.
Amendment XXVI (passed by Congress March 23, 1971, and ratified July 1, 1971) granted the right to vote to citizens who are eighteen years of age or older.
Amendment XXVII (proposed in 1789 and ratified in 1992) established that any change to the compensation of Members of Congress would not take effect until after the next election.
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Basic rights and freedoms
The First Amendment, for example, protects the freedom of speech. This means that you can criticise the government, and complain about policies that affect you negatively and ask for change. However, these freedoms are not always protected in all situations. For example, there may be exceptions at home, in schools, or in newspapers.
Students can apply their knowledge of the First Amendment to specific scenarios to determine when those freedoms are protected and when they are not. They can also learn about the other amendments (11-27) by reading different scenarios and figuring out if the individual or group in the scenario had their Constitutional rights violated or not.
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Petitioning the government
The First Amendment guarantees five freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of assembly, and the right to petition the government. These freedoms are not absolute and may be restricted in certain situations, such as when they infringe on the rights of others.
When petitioning the government, it is important to be aware of the specific amendment or amendments that protect the right being petitioned. For example, if the petition concerns freedom of speech, it would fall under the First Amendment. However, if the petition is about the right to bear arms, it would fall under the Second Amendment.
Additionally, students should understand that a law or action taken by the government cannot contradict an amendment. If it does, the law or action can be challenged and reversed. This is an important check on government power and ensures that the rights and freedoms of citizens are protected.
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The Supreme Court's interpretation of the U.S. Constitution
The Supreme Court has relied on certain "methods" or "modes" of interpretation when exercising its power to review the constitutionality of governmental action. Textualism is one such mode, which focuses on the plain meaning of the text of a legal document.
The Supreme Court's interpretation of the Constitution can also be used to better understand how the Court interprets the U.S. Constitution. For example, in the case of Cooper v. Aaron, the Court read Marbury v. Madison as declaring the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution. This principle has since been respected by the Court and the Country as a permanent and indispensable feature of the U.S. constitutional system.
Justices who view the Constitution as a living document and justices with a generally progressive interpretation style are also expected to vote more often in favour of the individual.
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Frequently asked questions
The First Amendment protects your right to free speech, freedom of religion, freedom of the press, freedom of assembly and the right to petition the government.
The First Amendment means that you are free to criticise the government, complain about policies that affect you negatively and ask for change.
No, there may be exceptions. For example, your right to free speech may be limited in certain situations, such as when it could cause harm to others.
If a law or action taken by the government contradicts the First Amendment, it can be challenged and reversed.
You can find out more about the First Amendment by reading the U.S. Constitution, which outlines the specific rights and freedoms protected by the First Amendment.
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