Overview Day One:
Students
will become familiar with the details of the problems
in Maryland at the start of the Civil War by using information
from the Sun newspaper collection and records
from the U.S. War Department. The students will analyze
the documents, identify the problem(s) for the Union
government and determine if the Constitution provides
information concerning how this problem can be handled.
Motivation:
- Divide students into pairs. Give each student
pair the first part of the “Problems
in Maryland” document
packet (see Materials list.)
- While reading the document, students should complete
the “Five Ws” worksheet.
- Once the pairs have finished examining the documents,
have them share the information they have gathered,
adding to their own worksheets where necessary.
- Pose the question: how might the situation in
Maryland be handled by the government? Record possible
responses on the board or overhead. Note: The
last entry in the document recommends “martial
law.”
Activity:
- Give students time to analyze the Constitution
to determine if any of their recommended solutions
could be enacted based on laws outlined in the document.
Could any recommendations be eliminated?
- Read part two of the “Problems in Maryland” Document
Packet. How did the government attempt to settle
the problems in central Maryland? Based on the information
in the article, what do you think was the public
reaction?
- Point out the term “habeas corpus” at
the start of the article. Give the definition. How
does this term deal with our situation?
- Share with students, Article 1, Section 9, Clause
2 of the Constitution (you may want to write this
out or project it on an overhead):
The privilege of the Writ of Habeas Corpus shall
not be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it
Have students paraphrase the meaning of this clause.
Could it be a possible solution to the situation? What
would have to happen to put the suspension into effect?
What might the reaction of the public be to this decision?
Overview Day Two:
Students will
identify the arguments about the suspension of the
writ of Habeas Corpus from Abraham
Lincoln and Roger
B. Taney {see materials list}. Students will analyze
each individual’s support for his argument in
regards to the U.S. Constitution and decide if Lincoln’s
actions were unconstitutional.
Activity :
- Explain to students that in May 1861, Abraham
Lincoln decided to suspend the Writ of Habeas Corpus.
Many, including Chief Justice Roger B. Taney, felt
that it was unconstitutional for Lincoln to suspend
this clause. Have students discuss this issue. Take
a class vote by show of hands determining if Lincoln
had committed an “unconstitutional act.” Have
some students justify their position.
- Divide the class into two groups; half the class
will examine Lincoln’s response to Congress
concerning the suspension of the writ of Habeas Corpus
and the other half of the class will examine Chief
Justice Taney’s opinion of the suspension.
As students examine the documents, they should complete
the “My Side” worksheet (see materials
list) for their person.
- Have students share the arguments and key points
concerning the suspension of habeas corpus. Record
key points from both individuals on the board or
overhead.
- Was Lincoln’s decision unconstitutional?
Take a new vote of students concerning this question.
Did students’ opinions change based on the
arguments presented?
Assessment:
Have students create a political cartoon offering
support to either Lincoln or Taney concerning the suspension
of habeas corpus. The illustration and caption should
reference details from the arguments as stated by the
individual.
Enrichment:
Have students research wars of the twentieth
century (World War I/II, Korea, Vietnam, the Persian
Gulf War, and the current war in Iraq) and determine
whether or not the sitting President or Congress has
suspended the writ of Habeas Corpus. Compare the situation
to that during Lincoln’s presidency. |
