How safe are your secrets? Does the Constitution let the government track personal calls and e-mail? If so, what does that say about our right to privacy?

** Objectives

Students should be able to:

* understand the controversy over the government's eavesdropping program.

* state how and why federal power is divided into three branches.

** Word to Know

* National Security Agency: a federal agency established in 1952 by President Harry S. Truman, to protect "sensitive" government information stored or transmitted electronically, and to encode and decode secret communications.

** Background

In 1952, President Truman declared September 17 Citizenship Day, commemorating the date in 1787 when the Constitution was signed. In 2004, it was renamed Constitution Day and Citizenship Day. If the 17th falls on a weekend, observance is moved to the nearest Friday or Monday, so schools may take part in related programs. This year, it is on September 18.

** Critical Thinking

RECALLING DETAILS: Which federal agency runs the eavesdropping program? (National Security Agency)

MAKING INFERENCES: The Fourth Amendment mandates obtaining warrants before "searches and seizures." Why do you think the Constitution's crafters wanted judges' approval before searches were allowed? (Answers will vary.)

** Activity

GETTING STARTED: Hand out photocopies of the Preamble to the Constitution. Read it phrase by phrase with students, discussing what each means. Then discuss: How important are the first three words? Why?

STANDARD

SOCIAL STUDIES, GRADES 5-8

** Civic ideals and practices: The Constitution works only as long as public officials and private citizens understand and are guided by it.

RESOURCES

PRINT

** Justice Learning, The United States Constitution: What It Says, What It Means (Oxford University Press, 2005). Grades 6-12.

** Wetterer, Charles M., The Fourth Amendment: Search and Seizure (Enslow Publishers, 1998). grades 6-12.

WEB SITES

** Constitution Facts Fun Zone constitution facts.com /fun zone/Fun_Zone.htm

** Historical Documents archives.gov/historical-docs

Punch the speed-dial button on your cell, and up pops your best friend's number. Within seconds, your friend answers. After exchanging some gossip and ways to download music for free, you end the call. Before your phone's screen goes black, it tells you that you talked for 17 minutes, 8 seconds. End of story? Maybe--and maybe not.

Liberty vs. Security

Earlier this year, news broke that the U.S. government has been secretly tracking millions of private phone calls and e-mail messages. A National Security Agency (NSA) computer program has been keeping records of what numbers people call, when, and how often. Certain words or phrases may trigger further investigation--including listening in on calls and scanning e-mail. By law, that kind of surveillance requires warrants. But the NSA did not request any before tapping in.

President George W. Bush says that the program's speed and secrecy are important tools in the fight against terrorism. The President also says that the Constitution gives him the power to approve such programs, and that Congress granted him special powers following the terrorist attacks of September 11, 2001. (See September 4 JS, p. 4.)

Vice President Dick Cheney defends the NSA program. "When we were hit on 9/11," he said recently, "[President Bush] was granted authority by the Congress to use all means necessary to take on the terrorists, and that's what we've done."

Going Too Far?

Many critics, including members of the President's party, think that the NSA has overstepped constitutional limits. Originally, the program was supposed to track calls and e-mail only to or from people and countries suspected of terrorist activity. However, it has been more widespread than that.

Earlier this year, newspapers reported that the program was spying on domestic (within the country) calls as well as international ones. Also, the NSA was monitoring the communications of countless ordinary Americans, who had no suspected terrorist connections. Rep. Peter Hoekstra (R-Michigan) was one of the Congress members criticizing the NSA's far-reaching surveillance. Obeying limits set by the Constitution and rules of Congress, said Hoekstra, "is not optional for this President or any President or people in the executive [branch]."

Last month, a federal judge ruled the government's spy program unconstitutional. The Bush administration said that it would appeal that decision.

Rules to Live By

The Constitution divides federal power among three branches of government: the legislative, the executive, and the judicial. (The NSA is part of the executive branch.)

The separation of powers under the Constitution has been debated ever since the nation's Founders wrote it in 1787. The Constitution of the United States has been in use longer than any other written constitution. It is the most famous, admired, and imitated constitution in the world.

The Constitution's strength lies in the American people's willingness to live by its rules. That doesn't mean everyone interprets it the same way. But the Constitution's writers took great care to divide and define federal power. Their young nation had just fought a revolution to break free of Britain's domineering King. They wanted to be sure that no one person or group could ever gain that much power in the U.S.

Whom Can You Trust?

The debate over what the President can and cannot do under the Constitution will go on. How far should your right to privacy extend?

Some people don't mind if the NSA listens in. "If I'm not doing anything wrong, I don't have anything to worry about," they say.

But many other Americans are worried. "The government could misunderstand what is said in a private conversation," these people say. Misunderstandings could harm the innocent.

What do you think? Should the government be able to tap into personal phone calls and e-mail? How important is your right to privacy?

Words to Know

* executive: branch headed by the President. It takes care of the business of government, including enforcement of laws.

* judicial: branch that interprets the nation's laws. It consists of several levels of courts, the highest of which is the U.S. Supreme Court.

* legislative: lawmaking branch. It is split into two chambers, the Senate and the House of Representatives. Together they are called Congress.

* warrants: legal documents, signed by a judge, granting the right to carry out certain actions.

Info-bites on the Constitution

* Six signers of the Constitution also signed the 1776 Declaration of Independence: George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson.

* The word democracy does not appear in the Constitution.

* The first Thanksgiving celebrated nationwide was November 26, 1789. It had nothing to do with Pilgrims. President George Washington and Congress declared it to give thanks for the Constitution.

* When not on display, the original documents of the Declaration of Independence, the Constitution, and the Bill of Rights are kept in an underground vault that is bombproof, fireproof, and shockproof.

Think About It

1. Why did the Constitution's crafters divide the federal government into three branches?

2. How important is it to you that your private matters remain private? Explain.

QUICK QUIZ

* Match each person in the left column with the
correct description in the right column.

--1. Dick Cheney                A. onetime King of Britain

--2. Benjamin Franklin          B. current U.S. Vice
                                   President

--3. George III                 C. Republican U.S. Representative
                                   from Michigan

--4. Peter Hoekstra             D. Chief Justice of the U.S.

--5. John G. Roberts Jr.        E. signer of the Declaration
                                   of Independence
                                   and the Constitution

ANSWER

1. B

2. E

3. A

4. C

5. D