First Congress Unit - Lesson 2

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The Representative Role of Congress: Should There Be a Right to “Instruct?”

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Procedures

1. Entry Activity: Display the following prompt on the board or overhead. Pass out index cards to the students as they enter the room and ask them to respond to the prompt on an index card (as shown below).

A homeroom representative addresses the homeroom one day with the intent of taking a poll to see if students want a DJ or a band for the end of year dance. Twenty-four out of the 29 students indicate that they want a band. The homeroom representative explains how costly a band will be and points out that they will not be able to satisfy the varied tastes of those who attend the dance.

The day after the poll was taken, the students learn that student council voted for a DJ and that their homeroom representative did as well.

Were the actions of the homeroom representative justified? Explain.

After you have collected the cards, ask students to volunteer their responses.
(The purpose of this prompt is to get the students thinking about the responsibilities of a leader in the decision-making process.)

2. Lesson Description: Tell the students that this lesson is designed to help them understand how changes to the Constitution are made and to get them thinking about the roles that members of Congress play in representing the people.

3. Think-Pair-Share: Begin by asking students to define the word "amendment." Be sure that they understand the term’s meaning. Distribute copies of Handout 2-2 (Graphically Organizing Article V of the Constitution - see Unit Resources). Have the students read Article V then ask them to complete the chart found on the handout with their partners. This chart asks students to organize the steps in the Amendment process in chart form.

4. Debrief: Ask the students what role Congress plays in the Amendment process?

5. Tell the students that they are now going to debate one of the amendments introduced at the First Federal Congress to help them understand the nature of the Bill of Rights and the role that Congress played in creating the protections found therein. Remind the students that they are about to engage in a weeklong role-play and that they are expected to debate within their roles while the mock Congress is “in session.”

6. Parliamentary Rules: Distribute copies of Handout 1 (“Simplified Parliamentary Procedures” - see Unit Resources) so that the students can refer to them during the debates.

7. Distribute or display the top portion of Handout 2-3 (“Proposed Amendment” - see Unit Resources). Ask the students to read the proposal, then open debates on it.

8. Chair Introduces a Motion: At some point in the debates, announce that a motion has been delivered to the chair that requires immediate attention. Congressman Tucker is proposing the following [display the bottom portion of Handout 2-3 "Motion from Mr. Tucker" - see Unit Resources] on the overhead. Have students read the motion. Ask them what they think it means and clarify to the degree that it is possible.

Note to the Teacher: Tucker’s motion is suggesting that the eventual bill of rights ought to include a statement that the people have a right to "instruct" members of Congress. Just what this meant is uncertain. Would it mean that the people have the right to make recommendations to members of Congress? Or, would it be interpreted to suggest that the members of Congress would be bound by the will of the majority of their constituents? The initial interpretation by members of Congress was that the motion would bind them as "instructed delegates" to the will of the majority, thereby denying them the freedom to exercise their independent judgment as "trustees." This motion raised a fundamental question about the role that members of Congress play in representing their constituents and led to a very interesting debate.

9. Sticky Poll: Ask the students to step outside of their roles for a few moments. Take a poll of the students. Ask them to consider the following: "Members of Congress should be required to base their decisions on the opinions of the majority of their constituents." Give each student a sticky note. Ask them to write their name on the sticky note. While the students are writing, put the words "Instructed Delegate" and "Trustee" at opposite ends of the chalkboard. Explain the difference between the "instructed delegate" and "trustee" theories. Tell the students to think of the space in between as part of a continuum. Invite students to walk up to the chalkboard and place their sticky notes on a point on the continuum that best identifies where they stand in terms of their support for the theories (and Mr. Jackson’s resolution).

NOTE: It is possible that some students will take a position in between "instructed delegate" and "trustee." Political scientists refer to a person who swings between "instructed delegate" and "trustee" as a "politico" (see O’Connor and Sabato, 150-151). If you post this position too early in the lesson, however, students may gravitate toward the center. Therefore, you may want to post and explain the label "politico" near the end of the lesson i.e. after the students have identified their own positions and have debated the merits of the two extremes.

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For more information, contact Fran O’Malley (302-831-8443).