Liberty or Security: Determining the Power of Restricting Individual

Liberties when there is a Threat to National Security

Taylor Smith

Lesson Overview:

In several instances throughout history, the threat to national security has led to the limit
of liberties for Americans. The purpose of this lesson is to collect evidence from the
selected primary source documents in order to debate whether or not the Federal
government has the power to restrict individual liberties during wartime. These lessons
will allow students to dive into the opinions of early American leadersJohn Adams and
Thomas Jeffersonwhile connecting these contentions to the contemporary issues that
concern surveillance today.

This lesson fits particularly well with any U.S. History or American Government course.
This particular lesson fits within a larger thematic study where students learned about
civil liberties took shape over time, and how they were influence by war. Therefore, they
reinforce the understandings of the U.S. Constitution, power of the President,
congressional power, and public opinion and how it shapes policy. Furthermore, students
employ historical thinking skillssourcing, contextualizing, corroboration, and making
evidence-based claims in order to draw authentic conclusions about conditions of the
past, and how they are related to contemporary policy issues. As for content, the main
focus is on the Alien and Sedition Acts, the Kentucky and Virginia Resolutions, the
Quasi-war with France, and how the debates over civil liberties in time of threats to
national security shape policy today during the War on Terror with the PATRIOT Act and
the use of surveillance with the NSA.

Prior to this unit, students must have an understanding of federalism, congressional

powers, presidential powers, and individual liberties. the With this, students will grow in
their understanding of current discussions of individual liberties and how the War on
Terror has yielded an increase in surveillance of phone meta-data, leading to current
legislative reform. As this content is applicable throughout history, teachers may adapt
where they see fit to allow students to make various connections across time; thus, it must
be understood that the Alien and Sedition Acts and the PATRIOT Act are not the only
instances when the question over civil liberties during wartime has arisen.

Lesson Objectives:

The student will be able to

1. Source each document in order to determine the authors perspective.

2. Corroborate historical evidence from a variety of sources in order to develop evidence-
based claims.
3. Analyze the context in which particular decisions or opinions conveyed in the documents
about national security and individual liberties are developed.
 4. Analyze a series of documents for the purpose of evaluating the restrictions of individual
liberties during wartime.
5. Use cooperative learning skills in order to develop a consensus with group members.
6. Draw an informed conclusion through synthesizing textual evidence for the purpose of
supporting a claim.

Essential Question: If there is a threat to national security, should our rights be

protected, or does the government have the power to restrict them?

Number of Class Periods: This particular lesson works best with 2-4 class periods,
depending on the allotted time.

Grade Level: This lesson plan can be applied or adapted for any U.S. history or
American government course.

Common Core State Standards:

Reading:

R. 1- Read closely to determine what the text says explicitly and to make logical inferences from
it; cite specific textual evidence when writing or speaking to support conclusions drawn from the
text.

R.8- delineate and evaluate the argument and specific claims in a text, including the validity of
the reasoning as well as the relevance and sufficiency of the evidence.

R. 9- Integrate information from diverse sources, both primary and secondary, into a coherent
understanding of an idea or event, noting discrepancies among sources.

Writing:

W.1: write arguments to support claims in an analysis of substantive topics of texts using valid
reasoning and relevant and sufficient evidence.

W. 9: Draw evidence from literary or informational texts to support analysis, reflection, and
research.

Speaking and Listening:

SL. 1: Prepare for and participate effectively in a range of conversations and collaborations with
diverse partners, building on others ideas and expressing their own clearly and persuasively
(Objective 3).

SL. 4: Present information, findings, and supporting evidence such that listeners can follow the
line of reasoning and the organization, development, and style are appropriate to task, purpose
and reasoning, and the organization, development and style are appropriate to task, purpose, and
audience (objective 3).
Historical Background:

Throughout history, the threats of enemies from within and without have impacted the
civil liberties of Americans during wartime. These issues include the limit of the press,
suspension of Habeas Corpus, the internment of Japanese-Americans, and the current use
of broadly interpreted legislation that has led to an expansion of surveillance of meta-data
for the purpose of limiting the threat of terrorism. Thus, students are to deliberate whether
or not the Constitution allows for this expansion of limitations is permissive during times
of war, oralthough not specifically definedif the protection of civil liberties are
paramount to the initiatives to ensure national security. This is especially important as the
challenges of our times increase due to advancements in technology, the threat of
terrorism, and global interconnectedness.

Vocabulary:
Alien and Sedition Acts Zone of Privacy
Kentucky and Virginia Resolutions Quasi-war with France
U.S. Constitution War on Terror
Executive Branch 9/11/01
Legislative Branch George W. Bush
Citizenship NSA
PATRIOT Act-Section 215 Metadata
Bill of Rights Terrorism

Materials:

Primary Sources:
1. Kentucky and Virginia Resolutions
2. Alien and Sedition Acts
3. Amendments 1 and 4
4. Enhanced Surveillance- PARTIOT Act sections 213 and 215
5. ACLU opinion of the PATRIOT Act

Student Resources:
1. Guided questions
2. Collecting evidence graphic organizer
3. Group consensus

Assignment:
1.RAFT exercise

Procedure:

1. Hook- Give groups the scenario- You are the President of the United States. Your countrys
largest financial district and its military headquarters were attacked, and there were plans to make
a third attack on the Capitol. You know who the enemy is, however, they are not a part of a
nation. They could be anywhere, even within your country. This group practices what is known as
terrorism, and they have released information about potential future attacks. In the weeks
following the previously stated acts of war, this terrorist group sends biological weapons through
the mail to members of Congress, and some news agencies. As President, you are Commander
and Chief of the Armed Forces, and it is your job to make sure that laws are being enforced
within the US. Again, the enemies made their attacks from within the U.S. How will you make
sure that these sorts of attacks do not happen again? Also, you must make sure that your plan
aligns with the powers of the President.
1. Students will complete this by writing a plan. Each student will have a
different colored marker to record their plan on the poster.
2. Each student will first write their response on a post it.
3. They will put the post-its together, and the group will craft a response

4. Each group will need a copy of the role of each branch of government to
make sure that their plan is Constitutional.

2. Direct instruction- Reveal to students that their scenario was much like what President George
W. Bush faced after the attacks on September 11th. 2001. Draw from some of the ideas that
students came up with to lead into an explanation of how civil liberties have often been limited
during times of war due to threats of national security. Then, present the essential question, and
how students are going to discover how civil liberties were limited with the Alien and Sedition
Acts, as well as how the War on Terror has led to an increase in surveillance. Explain that they
will work through stations to become familiar with the documents, work collaboratively to collect
evidence and present an argument, then use their evidence and deliberations to draft a letter that
responds to the essential question.

3. Primary Source Stations- The teacher will need to set up stations with all of the primary source
documents for student use. While working through stations, the students will travel with their
groups of four to read the documents closely while working through the guided questions. The
guided questions are intended to help students with comprehensions, while practicing their
historical thinking skills.

4. Small Group Discussion- Using the Kagan Cooperative Learning structure of Fan-N-Pick,
students will discuss the following questions with their group:

1. Using your understanding of the documents you read, how have civil liberties
been restricted in the past, as well as today?
2. In what ways have leaders justified their restrictions?
3. What events and ideas shaped the context of these restrictions?
4. What have the opposing sides said about these restrictions?
In order to conduct a Fan-N-Pick, create flash cards with the questions
above. Then, students simply take turns picking cards and answering the
questions with their group. They may also ask other group members for
support, or supplement the answers that are provided.

While students are discussing, the teacher must roam the room in order to check for
understanding.
Debate- Divide students into groups of 4, while assign them to one partner in their group. Then,
give each pair their focus argument. Then, students are to collect evidence from the documents in
order to defend their assigned claim. Once evidence is collected, both pairs will present their
claim and supporting evidence. Here are the focus arguments:

Group A- The Federal government has the power to restrict rights during wartime in order to
ensure that the threats of security are limited or diminished.

Group B- The Constitution does not allow the Federal government to expand their powers during
wartime, as civil liberties must always be protected.

Debate Structure:
o Collect Evidence and fill out graphic organizer for your focus
o Group A Presents, and Group B must record their evidence, and repeat their
points back to Group A.
o Group B Presents, and Group A must record their evidence, and repeat their
points back to Group B.

Consensus- After students have debated, they must outline a consensus in order to
prepare for their letter. While drafting a consensus, the group will participate in a All
Write Round Robin Consensus where each group member will share their idea. However,
before the group can write down a particular idea or point, the entire group must agree to
include it, or provide an explanation for contention amongst the ideas of group members.
Therefore, one consensus paper is filled out for each group, but each student must initial
the response that they contributed.

RAFT- Students will take the evidence they collected and write a letter to a local
member of Congress. Students will use this letter as an opportunity to respond to the
essential question.
Station Readings

Station 1 Virginia and Kentucky Resolutions

Virginia Resolutions- James Madison (1798)

That the General Assembly doth particularly protest against the palpable and
alarming infractions of the Constitution, in the two late cases of the Alien and
Sedition Acts passed at the last session of Congress; the first of which exercises a
power no where delegated to the federal government, and which by uniting
legislative and judicial powers to those of executive, subverts the general
principles of free government; as well as the particular organization, and positive
provisions of the federal constitution; and the other of which acts, exercises in like
manner, a power not delegated by the constitution, but on the contrary, expressly
and positively forbidden by one of the amendments thererto; a power, which more
than any other, ought to produce universal alarm, because it is levelled against that
right of freely examining public characters and measures, and of free
communication among the people thereon, which has ever been justly deemed, the
only effectual guardian of every other right.

Kentucky Resolutions- Thomas Jefferson (1798)

The said alien and sedition laws, are in their opinion, palpable violations of the
said constitution; and however cheerfully it may be disposed to surrender its
opinion to a majority of its sister states in matters of ordinary or doubtful policy;
yet, in momentous regulations like the present, which so vitally wound the best
rights of the citizen
 Station 2- Alien and Sedition Acts

Alien Act, 25 June 1798:

SEC. 1 Be it enacted . . .That it shall be lawful for the President of the

United States at any time during the continuance of this act, to order all such
aliens as he shall judge dangerous to the peace and safety of the United
States, or shall have reasonable grounds to suspect are concerned in any
treasonable or secret machinations against the government thereof to depart
out of the territory of the United States,

The Alien Enemies Act, July 6, 1798:

Section 1: Be it enacted . . . That whenever there shall be a declared war

between the United States and any foreign nation or government, or any
invasion or predatory incursion shall be perpetrated, attempted, or threatened
against the territory of the United States, by any foreign nation or
government . . . all natives, citizens, denizens, or subjects of the hostile
nation or government, being males of the age of fourteen years and upwards,
who shall be within the United States, and not actually naturalized, shall be
liable to be apprehended, restrained, secured and removed, as alien enemies

The Sedition Act of 1798:

SEC. I Be it enacted . . ., That if any persons shall unlawfully combine or conspire
together, with intent to oppose any measure or measures of the government of the United
States, which are or shall be directed by proper authority, or to impede the operation of
any law of the United States shall be punished by a fine not exceeding five thousand
dollars, and by imprisonment during a term not less than six months nor exceeding five
years; and further, at the discretion of the court may be holden to find sureties for his
good behavior in such sum, and for such time, as the said court may direct.

SEC. 2. That if any person shall write, print, utter. Or publish, or shall cause or procure to
be written, printed, uttered or published, or shall knowingly and willingly assist or aid in
writing, printing, uttering or publishing any false, scandalous and malicious writing or
writings against the government of the United States, or either house of the Congress of
the United States, or the President of the United States hall be punished by a fine not
exceeding two thousand dollars, and by imprisonment not exceeding two years.
 Station 3- Amendments 1 and 4

Amendment 1

Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress
of grievances.

Amendment 4

The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized.
Station 4- Enhanced Surveillance procedures of the PATRIOT
Act, 2001

Section 213-

Authority for delaying notice of the execution of a warrant

Section 215-

Access to records and other items under the Foreign Intelligence

Surveillance Act.
Note: Including phone data, as well as library records
and more.
 Station 5- Critique of the PATRIOT Act
The USA FREEDOM Act is Real
Spying Reform
October 29, 2013
By Michelle Richardson, Legislative
Counsel, ACLU Washington Legislative
Office at 10:11am
Over the last several months, members
of Congress have introduced at least two
dozen spying reform and transparency
bills. Today, a new proposal called the
USA FREEDOM Act from Rep. Jim
Sensenbrenner (R-Wis.) and Sen. Patrick
Leahy (D-Vt.) was introduced to
significantly limit the collection and use
of Americans' information under our
nation's spying laws. The ACLU
strongly supports the legislation.
The bill is notable for its sponsors alone.
Rep. Sensenbrenner was the lead author
of the Patriot Act and now is the chair of
the House's Subcommittee on Terrorism
and Crime. A conservative member of
Congress, he has repeatedly supported
surveillance laws in the past, but now
he's leading the charge for reform.
According to Rep. Sensenbrenner, two
consecutive White Houses have wrongly
used his Patriot Act to collect the phone
records of innocent Americans, and he
wants it to stop. "This misinterpretation
of the law threatens our First, Second
and Fourth Amendment rights," Rep.
Sensenbrenner recently said. "Congress
never intended this. I will rein in the
abuse of both the Patriot Act and the
U.S. Constitution with the support of the
American public."
Sen. Leahy is the chairman of the
powerful Senate Judiciary Committee,
which also has jurisdiction over the
Patriot Act and FISA. He also believes
the government's indiscriminate
collection of Americans' records must
end,because the "government has not
made its case that this is an effective
counterterrorism tool, especially in light
of the intrusion on Americans' privacy
rights."
The partnership between these two very
senior members of the House and
Senate, on both the left and the right,
gives this bill legitimacy and a real
chance at passing. But the bill has more
than just names attached to it it has
substance.
It would amend Section 215 of the
Patriot Act which is used to collect the
phone records of almost every American
every day so that it can no longer be
used in such a sweeping fashion. The
secret FISA court would still be able to
issue subpoenas, but they would be
limited to collecting things that directly
pertain to a terrorist, his associates, or
his activities. The bill would also require
this standard for national security letters
and pen registers, two other Patriot Act
tools used to access Americans' records.
The point here is to ensure that bulk
collection doesn't just jump to another
secret authority.
The bill would also make changes to the
FISA Amendments Act (FAA), the
sweeping 2008 law that codified the
warrantless wiretapping program. It
would insert a very important restriction
that would prevent the government from
searching through FAA-collected data
for U.S. person data in the absence of an
emergency or a court order. Finally, the
bill includes the creation of a special
advocate before the FISA court and new
transparency requirements.
Although the USA FREEDOM Act does
not fix every problem with the
government's surveillance authorities
and programs, it is an important first step
and it deserves broad support. It
incorporates the language and principles
of past reform leaders like Sens. Ron
Wyden (D-Ore.) and Rand Paul (R-
Ky.) and Reps. Justin Amash (R-
Mich.) and John Conyers (D-Mich.),
and it is far superior to the proposal
recently described by Senate Intelligence
Chairman Dianne Feinstein (D-Calif.),
which we expect to see shortly.
All members of the House and Senate
should co-sponsor the USA
FREEDOM Act and fight hard for its
passage.
Learn more about the NSA and other
civil liberty issues: Sign up for breaking
news alerts,follow us on Twitter,
and like us on Facebook.
Published on American Civil Liberties
Union (https://www.aclu.org)
Source
URL: https://www.aclu.org/blog/natio
nal-security/usa-freedom-act-real-
spying-reform
Student Resources

Guided Station Questions

When working through the stations, you must support your answers by citing specific
textual evidence from the documents.

Station 1:

1. When looking at the source information, what are the Kentucky and Virginia
Resolutions responding to?
 2. According to the Kentucky and Virginia Resolutions, in what ways is the
Federal government acting in violation of the U.S. Constitution?

3. According to the Kentucky and Virginia Resolution, are individual liberties or

national security more important?

Station 2:

1. According to the Alien and Sedition Acts, what threats is the United States facing
at this time?

2. In what ways may some see the Alien and Sedition Acts as a violation of
individual liberties?

3. Considering the context of the times, in what ways may those, like John Adams,
support the use of the Alien and Sedition Acts?

Station 3:

1. According to the First Amendment, what is congress not allowed to do?

2. According to the Fourth Amendment, how could Americans be protected from

invasions of privacy?
Station 4:

1. What powers do Section 215 and 213 of the PATRIOT Act allow the
Federal government to exercise?

2. In what ways may someone interpret these sections as violations

of individual liberties?

3. What do you think this looks like? In other words, what do you
think the Federal government does because of this section of the
PATRIOT Act?

Station 5:

1. Drawing upon the source information, describe the writers point

of view of the Patriot Act.

2. Why do some individuals, like the ACLU, want to change how the
Federal government collects intelligence for fighting terrorism?

3. According to the article, why does the ACLU see the PATRIOT Act
as a violation of individual liberties?
Name_____________

ORGANIZINGTHEEVIDENCE

Usethisspacetowriteyourmainpointsandthemainpointsmadebytheotherside.

Regardlessofthreatstonationalsecurity,theindividuallibertiesofAmericansshouldbe
PROTECTED.

Intheblankspace,writethetitleofthedocument.Then,inthespacebelowquotethe
mainpointsmadebyeachdocumentinordertosupportyourclaim.

1)FromDocument__________________________________________.

2)FromDocument___________________________________________:

3)FromDocument___________________________________________:

4)FromDocument___________________________________________:

Whenthereisathreattonationalsecurity,theindividuallibertiesofAmericanscanbe
RESTRICTED.

1)FromDocument___________________________________________:

2)FromDocument___________________________________________:

3)FromDocument___________________________________________:

4)FromDocument___________________________________________:
 ComingtoConsensus

Task:Nowyourgroupmustcometoanagreementaboutouressentialquestion.Youmay
usethisopportunitytodiscusswhatYOUthink,ratherthanyourassignedposition.

Procedures:Eachgroupmembermustagreeaboutthepointstoincludeinyour
consensus.
Ifthereisdisagreement,youmustnotewhythereisdisagreement.
Youmustinitialnexttothepointsthatyoucontribute.
 Assignment

While using the evidence you collected from the documents, you must
respond to the essential question by writing a letter to Congress.
Role of the Writer: Citizen
Audience: Member of Congress
Format: A formal letter
Topic: If there is a threat to national security, should our rights be protected, or
does the government have the power to restrict them?

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