November 19, 2001

VALUABLE LESSONS
Examining the Role of Civil Liberties in the American Value System

Grades:  6-8,9-12

Subjects:  American History, Civics, Social Studies

Related New York Times Article
"Testing the Resilience of American Values", By JEFFREY ROSEN, November 19, 2001

Overview of Lesson Plan: In this lesson, students explore how immigration, citizenship, due process of law, and the freedoms of speech and assembly have shaped American values throughout American history.

SUGGESTED TIME ALLOWANCE:
1 hour

OBJECTIVES:
Students will:

1. Define "American values."
2. Examine the impact of the restriction of liberties on American values by reading and discussing "Testing the Resilience of American Values."
3. Research periods in American history through the lens of certain core American values.
4. Synthesize their research and discussion in a skit or other presentation about various American values.

RESOURCES / MATERIALS:

• student journals
• pens/pencils
• paper
• classroom blackboard
• copies of "Testing the Resilience of American Values" (one per student)
• poster board (four pieces; one per small group)
• research materials (civics and American history textbooks, encyclopedias, computers with Internet access)

ACTIVITIES / PROCEDURES:

1. WARM-UP/DO-NOW: Students respond to the following questions in their journals, written on the board prior to class: "How do you define the phrase 'American values'? What do you believe some of these core values to be? For each, how does this value manifest itself in your everyday life?" Students then share their answers. Write students' suggested "core values" on the board.
2. As a class, read and discuss "Testing the Resilience of American Values," focusing on the following questions:
   1. For what did President Bush's executive order allow?
   2. What was the reaction of many people on the left and the right to President Bush's executive order?
   3. What does the author of the article mean when he characterizes American values as "both malleable and resilient over the course of American history"?
   4. Who have been the most "reliable defenders" of American values over the course of American history?
   5. What happened to American protections for free speech and due process of law during the 19th and 20th centuries?
   6. According to the article, how did World War II and its aftermath affect American values?
   7. What has typically happened to civil liberties during wartime? What has happened after?
   8. According to Alexis de Toqueville, how will American democracy change in the long term?
   9. The author states that there are "minimal requirements" of democracy and limited government. What are these "minimal requirements"?
   10. How can institutions be adapted to fit the needs of a moment in history?
   11. How does the author feel about the restrictions imposed by the federal government that have "crossed" the line that separates the United States from Chile under Pinochet?
   12. What do some critics of the Bush administration claim about its new powers?
   13. How does Herman Schwartz, a law professor at American University, define "soft authoritarianism"?
   14. From where do pressures to curb free speech come today?
   15. From where did pressures to curb free speech come in the periods of World War I and II?
   16. How do critics of the administration feel about depriving non-citizens of due process?
   17. What is an example given in the article of a criticism of the new Bush administration's powers?
   18. When does the Constitution allow Congress to suspend habeas corpus?
   19. What does the writ of habeas corpus guarantee?
   20. Why are some scholars of immigration impressed?
   21. How has immigration policy shifted over the last few decades?
   22. What is the most "plausible" criticism of wartime emergency measures?
   23. According to the author, what has been one heartening response, by civil libertarians on both the right and the left, to the events of September 11, 2001?
3. Divide students into four groups, and assign each group one American value examined in the article (habeas corpus/due process, free speech/free assembly, immigration and citizenship). Explain to students that they will be exploring the history of these American values through researching key related events and legislation, and then presenting their findings to the class. Using all available classroom materials, each group should locate or develop the following information (written on the board for easier student reference):
   • clear definition of the assigned American value
   • timeline of influential related events
   • key legislative acts and Supreme Court decisions related to the issue
   • full explanation of how one of these events, legislative acts or Supreme Court decisions epitomizes the shaping of this American value
   You may want to point students to key historic events and eras for their topics (e.g., habeas corpus or due process - the internment of Japanese Americans during World War II; freedom of speech and assembly - the Palmer Raids or the McCarthy era; immigration - changes in immigration policy and quotas, the "Know Nothings" and other anti-Immigrant parties; citizenship -rights of citizens and non-citizens and changes in citizenship laws over history).
4. HOMEWORK/WRAP-UP: After completing their research, each group should prepare a presentation for their class based on their findings. Presentations can be in the forms of skits, oral reports, historical reenactments, or any other format that relays all of the required research information. Encourage students to be as interesting as possible in their presentations. Students should present in a future class.

DISCUSSION QUESTIONS:

• Can there ever be agreement across the United States about what constitutes American values? Why or why not?
• Is the suspension of some rights okay in wartime? What rights or liberties would you be willing to give up, if any?
• Which is more important, civil liberties or security? Who should make that decision?
• Do you believe that a free press is integral to a democratic society? Why or why not?
• Do you believe that freedom of speech and assembly are integral to a democratic society? Why or why not?

EVALUATION / ASSESSMENT:
Students will be evaluated based on initial journal response, thoughtful class discussion, thoughtful participation in small group research, and well-crafted presentations.

VOCABULARY:
tribunal, seized, dictatorial, betrayed, malleable, resilient, unalterable, permissible, hindsight, egalitarian, constitutionalism, jettisoned, adapted, authoritarian, totalitarian, suppression, dissent, habeas corpus, prerogative, counsel, draconian, elastic

EXTENSION ACTIVITIES:

1. What is an executive order? Define the term. Then, choose one executive order of each of the past four Presidents of the United States and report upon them, focusing on the following questions: Why do presidents typically use executive orders? What situations call for executive orders? What were some of the political ramifications of these executive orders?
2. In "Testing the Resilience of American Values," Jeffrey Rosen asserts, "After World War II, the nation grew more individualistic, more egalitarian, more inclusive, more suspicious of authority and more enamored with legalistic procedures." In an essay or class debate, prove or disprove each of these assertions, using an event or period in American history as evidence.
3. Read an excerpt of Alexis de Toqueville's "American Democracy." Imagine that you must "translate" it for your classmates. Re-write it using modern language, making it more accessible to your peers.
4. Empty your locker and your backpack or book bag. Examine all of the objects you find there as if they are artifacts. Imagine that you are an archaeologist two hundred years from now looking for evidence of American values. How do these artifacts embody American values? Write a scientific log sharing your views.

INTERDISCIPLINARY CONNECTIONS:
Fine Arts- Create a collage of images that you believe embody American values. Then, write a review of your work, either as the artist or as an art critic.

Global Studies- Research the Pinochet era in Chile, mentioned in the article, focusing on one issue, such as the secret police or education. Write a letter to the editor of an American or Chilean newspaper about that issue from the point of view of a supporter of General Pinochet. When you are finished, write a letter to the editor about that issue from the point of view of an opponent of General Pinochet.

Language Arts- Read a novel that examines a society that has given up some freedoms in exchange for security. ("The Giver" by Lois Lowry and "The Handmaid's Tale" by Margaret Atwood are two good examples.) Respond to the novel either in a reflective essay or in an artistic mode.

Teaching with The Times- Research the role of a free press in a democratic society and in wartime. Who introduced the idea of free press in the United States? How is a free press curtailed during times of national struggle? Write an editorial about the role of the free press in a free society engaged in war.

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Copyright 2001
The New York Times Company