How Does the Constitution Protect Liberty?
75 minObjectives
- Students will identify some enumerated and implied rights.
- Students will summarize why the Founders included the Ninth Amendment in the Bill of Rights.
- Students will understand the impact of the Fifth and Fourteenth Amendments on liberty.
- Students will analyze how an invasion of privacy affects an individual.
- Students will evaluate liberty cases in the courts.
- Students will evaluate the balancing of the right of personal liberty with public policy.
Have students read Handout B: Pierce v. Society of Sisters (1925) Brief and answer the questions that follow.
(20-30 minutes class time, 20 minutes research time)
- Review the Ninth and Fourteenth Amendments.
- Divide students into four groups.
- Group 1: The Society of Sisters of the Holy Names of Jesus and Mary
- Group 2: Hill Military Academy
- Group 3: Representatives for the Governor Pierce, the attorney general, and the county district attorney.
- Group 4: The Supreme Court
- Using Handout B and any other research materials available, have students research the case. (Note: The teacher may want to print the arguments from www.oyez.com for the students to use in while researching.)
- Groups 1-3 should research the arguments for their sides.
- Group 4 should research the case as a whole and determine which argument makes the most sense.
- The students should base their arguments on the Constitution or Bill of Rights.
- Have Groups 1-3 share their arguments with Group 4.
- Group 4 should make its decision based on the arguments and the constitutionality of the law. Its members should announce their decision to the group.
- Have students read Handout C: Pierce v. Society of Sisters (1925) Unanimous Opinion.
- Have a class discussion about the opinion. Ask these questions:
- Did the Courts’ ruling match Group 4’s decision? How was the ruling similar? How was it different?
- Do you think the Court’s decision was correct? Why or why not?
- Have a class discussion about the opinion. Ask these questions:
- Have students complete Handout D: Newspaper Story Guideline in which they will write a newspaper article about the Ninth Amendment.
- Students should design a security policy for their school that protects public and private property, students’ safety, and also protects the rights of the population of the school.
- What problems do they encounter while writing the policy?
- Do they make any sacrifices of security or rights in the final policy?
- Have the students discuss answers to the questions above in small groups or as a class.
Student Handouts
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