The Constitution in Action: Strict vs. Loose Construction

History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students in the Early Republic and asks them to engage with questions of Constitutional interpretation faced by President Washington and the First Federal Congress. Did the Constitution empower Congress to charter a national bank? Finance and maintain lighthouses? Regulate working conditions of merchant seamen? Support higher education?

The Constitution in Action: The Early Republic

This unit presents students with several such issues faced by Americans in the Early Republic as they tried to interpret and implement the Constitution. Lessons address “Origin of the Bill of Rights,” “Strict v. Loose Construction,” “Who Shapes Foreign Policy?” “State Challenges to Federal Authority: The Kentucky and Virginia Resolutions,” and “Political Parties and Presidential Electors: The Election of 1800.”

Turning Points in the American Revolution

This short video traces the crises of the 1760s (e.g., the Stamp Act, the Townshend Act) through to the relatively quiet early 1770s, culminating in the Boston Tea Party of 1773. Professor Jack Rakove emphasizes the role of individual in history. Governor Thomas Hutchinson forced a crisis—the Boston Tea Party–by insisting on strict enforcement of the Tea Act. He could have chosen a different tactic (as did other governors), but chose not to.

Grades 10, 11, 12
Foundations of Democracy
Video

Grade 9-12 Methods of Interpreting the Constitution

The purpose of this lesson is to explain the two overarching modes of constitutional interpretation, strict and loose construction, and their use and application to particular Supreme Court cases. After an in-class investigation activity to explore the methods of interpretation, students will be given the opportunity to express their opinions of the merits and limitations of each method during a mock Supreme Court session where students will revisit two Supreme Court opinions.

Grades 11, 12, 9, 10
Judicial Branch/Supreme Court
Lesson Plans