The Constitutional Convention: Should Judges Judge Laws?

History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the Constitutional Convention and asks them to engage with a problematic question: Who should have the final say in deciding whether a law or executive action is constitutional? Students will explore this in theoretical, practical, and political contexts. If one branch has the final say, does that negate the separation of powers? But if no branch has the final say, how are inter-branch disputes to be settled? If unelected justices of the Supreme Court can nullify legislative and executive measures, does that fly in the face of popular sovereignty? On the other hand, if constitutional interpretation is left to “the people,” how might that work, and might that lead to political turmoil?

The Constitutional Convention: Creating an Executive

History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the Constitutional Convention and asks them to explore one of the fundamental quandaries faced by the framers: how to create an executive branch that lacked monarchical prerogatives yet could make the government function more efficiently. By discussing and debating the various options, students will gain a deeper understanding of the choices the framers faced and why they opted for particular structures, ones we live with today.

The Constitutional Convention: Composition of Congress

History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the Constitutional Convention and asks them to construct a legislative branch for a proposed new government. Should there be one branch or two? Should each state get an equal voice in the legislative branch? By discussing and debating the various options, they will gain a deeper understanding of the choices the framers faced and why they opted for particular structures, ones we live with today.

The Constitutional Convention: Reform or Revolution?

History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the opening of the Constitutional Convention and asks them to deliberate on the overarching question delegates faced at that moment: Should they propose alterations to the Articles of Confederation, or should they construct an entirely different plan that would supplant the Articles? By engaging with this momentous issue, students will understand the enormity of the “revolution in favor of government” that occurred in 1787.

Choosing to Make a Nation: Constitutional Convention Simulation

The Choosing to Make a Nation Curriculum Project developed by award-winning author Ray Raphael is a student-centered, primary source-rich approach to teaching about American history and our nation‘s founding documents.

An 8-lesson simulation in which students become delegates from specific states and address the same issues the framers faced. Unit includes the following lesson plans –

(1) Reform or Revolution?
(2) Composition of Congress
(3) Creating an Executive Branch
(4) Should Judges Judge Laws?
(5) Balance of Powers
(6) Slavery and the Constitution
(7) Amendments and Ratification
(8) To Sign or Not to Sign?
Option A: The historical Constitution
Option B: Student-generated constitution

Choosing to Make a Nation: Interactive Lessons on the Revolution, Constitution, and Bill of Rights

The Choosing to Make a Nation Curriculum Project developed by award-winning author Ray Raphael is a student-centered, primary source-rich approach to teaching about American history and our nation‘s founding documents. The lesson plans are based on the idea that history is the chronicle of choices made by actors/agents/protagonists in specific contexts. Students understand choices – they make them all the time. These lessons involve students by placing them in the shoes of historical people and asking: “What might you do in such instances?”

How Did the Constitutional Convention Deal with Slavery?

This short video explains the differing perspectives that emerged about the Constitution and slavery. Some, like Frederick Douglass, believed that the Founders put slavery on the road to extinction while others, like Roger Taney, believed that the Constitution was a slaveholders’ document. Professor Gordon Lloyd contends that the slavery clauses in the Constitution both limited and expanded slavery’s impact, and that the Founders alone do not bear responsibility for slavery’s later expansion.

Act IV: How Did the Constitutional Convention Conclude?

This short video analyzes the final days of the Convention, when the delegates were eager to leave but also mindful of the work they had accomplished. They were “smart people who had learned from spending 88 days together” and even those opposed to the Constitution (Randolph, Mason, and Gerry) had the opportunity to dissent. Professor Gordon Lloyd agrees with Franklin that the Constitution did not achieve perfection but, rather, created a “more perfect union.”

Act III: How Did the Constitutional Convention Work Out the Details of Government?

This short video examines the role played by the Committee on Detail in defining the powers of Congress, the most important of which were the power to tax and the power to regulate commerce. The Committee wanted to promote an interstate commercial republic and specified congressional powers to achieve that goal. According to Professor Gordon Lloyd, the inclusion of the “necessary and proper clause” was the most significant contribution of this Committee.

Act II: What Was the Connecticut Compromise at the Constitutional Convention?

This short video explores the Connecticut Compromise, in which the delegates rejected an “either/or” solution to the question of representation and instead “thought out of the box,” creating a government that was partly national and partly federal. Professor Gordon Lloyd points out that although the final vote (5/4/1) on the Compromise did not reflect a bi-partisan consensus, it nevertheless was a significant breakthrough for moving on to other issues.