Presidents and the Constitution: Commander in Chief

The curriculum, Presidents and the Constitution, was made possible by generous grants from the National Endowment for the Humanities through its We the People program, as well as from Dr. John Templeton.

Presidents and the Constitution

Each unit includes Scholarly essay

Primary source activity focusing on Article II

Lessons to show how three different presidents understood and exercised their constitutional powers

Volume I Units
War

Slavery
Chief Diplomat Federal Power Electing the President

Back of the book resources

Answer Key Appendix A: The Declaration of Independence Appendix B: The Constitution Appendix C: The Bill of Rights Resources Special Thanks Image Credits National Standards

Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

In which case did the Supreme Court rule constitutional the Espionage Act, which placed significant restrictions on speech and press during wartime?

1. Ex parte Merryman 2. Ex parte Milligan

3. Adams v. Callender
4. Schenck v. U.S. 5. Not sure

Wilson and the Espionage Act, p. 56

Critical Engagement Question: Was the Espionage Act of 1917, signed into law by President Woodrow Wilson, a constitutional war measure? Objectives: Understand Wilsons fear of the poison of disloyalty. Understand challenges to civil liberties associated with WWI.

Assess constitutional limits on free speech and whether they change in wartime.
Evaluate the constitutionality of the 1917 Espionage Act.

Wilson and the Espionage Act, p. 56

Background/Homework: Read Handout A: Woodrow Wilson and the Espionage Act, (p. 59-60) and, as time permits, consider the Critical Thinking Questions.

Wilson and the Espionage Act

Warm Up: A. Print out or project images of posters found at www.ArticleII.org/War/Units B. Have students examine the images and conduct a large group discussion to answer the questions:

What is the topic of these posters? How are the different individuals portrayed? Why? What is the goal of these posters? What can you conclude about the tenor of the times in the U.S. before the country entered World War I?

Presidents and the Constitution link

What is the topic of these posters? How are the different individuals portrayed? Why? Images of posters found at What is the goal of these posters? What can you conclude about the tenor of the times in the www.billofrightsinstitute.org U.S. before the country entered World War I?

Wilson and the Espionage Act

poison of disloyalty Have a student assume the persona of Wilson and dramatically read the excerpt from his 1915 State of the Union Address on Handout B: Wilsons Request. we are without adequate federal laws Such creaturesmust be crushed out

Distribute Handout C: The Espionage Act (1917). Read the law and clarify any questions students have.

Wilson and the Espionage Act

A. Read Handout D (P. 63): No Conscription Newsletter What is this newsletter asking you to do? Did the author of the No Conscription newsletter violate the Espionage Act? B. Tell students that next class they will put the newsletters author, Emma Goldman, on trial. Distribute Handout E: The Trial of Emma Goldman. C. Assign the following roles: Narrator Emma Goldman Lead Counsel for Miss Goldman US Attorney Leon Frank Czolgosz President Woodrow Wilson Four judges

Wilson and the Espionage Act

Handout E (along with additional exhibits and resources from www.ArticleII.org ) The Trial of Emma Goldman, a scripted role play.

Wilson and the Espionage Act

D. Students may stick to the script or add to it as appropriate. E. Additional roles: (See www.ArticleII.org )
assistant counsel to the attorneys on either side law clerks for the judges Theodore Roosevelt J. Edgar Hoover congressional supporters of the Act World War I soldiers Kate Richards OHare Rose Pastor Stokes

F. Have students file amicus briefs (e.g. short, historically accurate statements in support of either the prosecution or the defense.)

Wilson and the Espionage Act

Debrief : Did Emma Goldman break the law? Was the law she was accused of breaking, the Espionage Act, constitutional?

Was the Supreme Court correct to uphold her conviction under the Espionage Act?

Palmer Raids

Wilson and the Espionage Act

Homework Evaluate the Supreme Courts actions regarding the Espionage Act and Emma Goldmans conviction. Essay topic: What if the Espionage Act were passed today? Extensions 1917 film: Spirit of 76 Robert Goldstein Trial of Sacco & Vanzetti

The Issues Endure

Students investigate Palmer Raids Violations of civil liberties during WWII, Vietnam War, War on Terror Do laws excused on the plea of necessity in wartime in fact tend to become the fixed rule once war is over?

2007 letter requiring that certain email records be surrendered to the FBI

In which case did the Supreme Court rule constitutional the Espionage Act, which placed significant restrictions on speech and press during wartime?

1. Ex parte Merryman 2. Ex parte Milligan

3. Adams v. Callender
4. Schenck v. U.S. 5. Not sure

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