Chapter 3: The...

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Summarizing Information Study Foldable Make and use this study guide to record the main ideas of the chapter and information on the United States Constitution. Step 1 Fold a sheet of paper in half from top to bottom. Reading and Writing As you read the chapter, record events that led to the formation, ratification, and implementation of the United States Constitution. Step 3 Label your foldable as shown. Step 2 Fold the paper in half again from side to side. Journal on the U.S. Constitution The Constitution on display CORBIS/Bettmann 50 The Constitution is the nation’s most important document. Written in 1787, it set up a system of government that has flourished for more than 200 years. Realizing that changes would be needed from time to time, the writers of the Constitution set up a process to add amendments. It is this ability to adapt, while preserving the basic form of American government, that is the Constitution’s priceless heritage. Contact the National Archives in Washington, D.C., to learn more about the Constitution. Prepare a brief report that describes what you find. To learn more about the drafting of the Constitution, view the Democracy in Action video lesson 2: The Creation of the Federal Government.

Transcript of Chapter 3: The...

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Summarizing Information Study Foldable Make and use this study guide to record the main ideas of the chapter and information on the United States Constitution.

Step 1 Fold a sheet of paper inhalf from top to bottom.

Reading andWriting As you readthe chapter, recordevents that led to theformation, ratification,and implementation of the United StatesConstitution.

Step 3 Label yourfoldable as shown.

Step 2 Fold the paper in halfagain from side to side.

Journalon the

U.S. Constitution

The Constitution on display ▲

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CORBIS/Bettmann

50

The Constitution is the nation’s most important document.Written in 1787, it set up a system of government thathas flourished for more than 200 years. Realizing thatchanges would be needed from time to time, the writersof the Constitution set up a process to add amendments.It is this ability to adapt, while preserving the basic formof American government, that is the Constitution’spriceless heritage. Contact the National Archives inWashington, D.C., to learn more about the Constitution.Prepare a brief report that describes what you find.

To learn more about the drafting of the Constitution, viewthe Democracy in Action video lesson 2: The Creation ofthe Federal Government.

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Chapter Overview Visit the CivicsToday Web site at civ.glencoe.comand click on Chapter Overviews—Chapter 3 to preview chapterinformation.

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GUIDE TO READING

Main Idea

In 1787 a remarkablegroup of American lead-ers from all but one stategathered in Philadelphiato address the weak-nesses of the Articles ofConfederation, but theysoon decided that a newconstitution was needed.

Key Terms

Constitutional Convention

Reading Strategy

Identifying InformationAs you read, list promi-nent leaders and charac-teristics of delegates tothe ConstitutionalConvention in a web dia-gram like the one below.

Read to Learn

• Who attended theConstitutionalConvention?

• What rules did the dele-gates adopt to conducttheir business?

The Road to theConstitution

SECTION

Charles Pinckney was so intent onimpressing his colleagues—the other delegates to theConstitutional Convention—that he lied about his age.Pinckney’s vanity led him to boast that he was only 24,allowing him to claim distinction as the youngestdelegate. He was, in fact, 30 years old. In spite ofcertain personal qualities, Pinckney distinguishedhimself in the process of creating an improved plan of government for the United States.

A Distinguished GatheringBy early 1787, it was clear that the national government

had to be strengthened. The Congress agreed there were seri-ous problems with the Articles of Confederation. Each statewas asked to send delegates to a convention in Philadelphia to fix the flaws. (This was to become the ConstitutionalConvention.) Only Rhode Island chose not to take partbecause its leaders opposed a stronger central government.

The convention began in Philadelphia’s Independence Hallon May 25, 1787. Rain fell heavily during the opening week,leaving the roads to the city choked with mud. Many delegateshad to travel long distances and arrived late. Once all wereassembled, however, they were an extraordinary group.

Most of the 55 men present were well-educated lawyers,merchants, college presidents, physicians, generals, governors,and planters with considerable political experience. Eight ofthe delegates had signed the Declaration of Independence.Seven had been governors of their states, and forty-one wereor had been members of the Continental Congress. NativeAmericans, African Americans, and women were not consid-ered part of the political process, so none attended.

Benjamin Franklin of Pennsylvania, 81, was the oldest del-egate. He was famous as a diplomat, writer, inventor, and sci-entist. Most delegates, however, were still young men in theirthirties or forties with great careers ahead of them. Two dele-gates, George Washington and James Madison, would go on tobecome presidents of the United States. Nineteen would

CharlesPinckney

52 Chapter 3 The Constitution

Delegates to theConstitutional Convention

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Culver Pictures

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Independence Hall ThePennsylvania State House,later known as IndependenceHall, hosted the Declaration of Independence signing andthe Constitutional Convention.It is now a museum. Whatwas the delegates’ goal when they gathered at theconvention?

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Hulton Archive/Getty Images

become U.S. senators, and thirteen servedin the House of Representatives. Four menwould become federal judges, and four oth-ers would become Supreme Court justices.

A few notable leaders were not at theconvention. Thomas Jefferson and JohnAdams were both in Europe as representa-tives of the American government—Jeffersonin Paris and Adams in London. PatrickHenry, a prominent Virginian, was also miss-ing. Although elected as a delegate, he wasagainst the convention and did not attend.

Generalizing How wouldyou describe the delegates to theConstitutional Convention?

Early DecisionsThe delegates agreed unanimously that

George Washington should preside over theconvention.Widely respected for his leader-ship during the American Revolution,Washington would now call on speakersand make sure that the meetings ran in anorderly, efficient manner. At the start, hereminded the delegates of the importance

of their task. He warned that if they couldnot come up with an acceptable plan ofgovernment, “perhaps another dreadfulconflict is to be sustained.”

Operating Procedures One of Washington’s first actions was to

appoint a committee to set rules for con-ducting the convention. The committeedecided that meetings could not be heldunless delegates from at least seven stateswere present. Decisions were to be made bya majority vote of the states, with each statehaving only one vote. That meant that thedelegates from each state would decide bymajority rule how to cast their single ballot.

The participants at the convention alsoagreed to keep all discussions secret. Thepublic was not allowed to attend meetings,the doors were guarded, and the windowswere kept tightly shut despite the summerheat. Each delegate promised not to telloutsiders what was going on inside.

This secrecy rule enabled the delegatesto speak freely, without worrying about thepublic’s reaction. That made it easier forthem to bargain with one another and to

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Art Resource, NY

Checking for Understanding

1. Key Terms Write a sentenceusing the term below thatexplains the purpose of the gathering in Philadelphia.Constitutional Convention

Reviewing Main Ideas2. Explain Why did Rhode Island

refuse to send a delegate to the Constitutional Convention?What did the delegates have in common?

3. Describe How were decisionsmade by the ConstitutionalConvention? What other deci-sions about operating proce-dures did the delegates make?

Critical Thinking

4. Drawing Conclusions If you had been a delegate to theConstitutional Convention, wouldyou have voted for the secrecyrule? Why or why not?

5. Categorizing InformationOrganize information about the early decisions of theConstitutional Convention bycompleting a graphic organizerlike the one below.

Analyzing Visuals

6. Infer Examine the painting of theConstitutional Convention on thispage. Who is shown leading theConvention? Why did the dele-gates choose him?

SECTION ASSESSMENT

54 Chapter 3 The Constitution

change their minds on the many issuesdebated. However, the secrecy policy alsomeant that no formal records of the con-vention were kept. Most of the details weknow come from a notebook of daily eventswritten by James Madison.

The Need for a New Constitution The Congress had given delegates the

job of revising the Articles of Confederation.They quickly agreed, however, that changing

the Articles was not enough. They decidedinstead to discard the Articles and write anew constitution. All of the delegates set outto strengthen the national government bycreating a new plan of government.Thus themeeting in Philadelphia came to be knownas the Constitutional Convention.

Explaining Why were noformal records kept at the ConstitutionalConvention?

Early Decisions of theConstitutional Convention

The ConstitutionalConvention Delegates to theconvention had to make manycompromises before workingout a plan for a governmentacceptable to all. What werethe rules for conducting theconvention?

�BE AN ACTIVE CITIZEN�7. Research Find out about your

city council and state legislature.What are the secrecy rules forthose bodies? Can they meet in secret like the ConstitutionalConvention did? Under what circumstances can they meetwithout having the public present?Report your findings to the class.

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GUIDE TO READING

Main Idea

Delegates to theConstitutional Conventionarrived with varying ideasand plans of government,which meant that com-promise would be neces-sary to reach agreement.

Key Terms

legislative branch,executive branch,judicial branch, GreatCompromise, Three-FifthsCompromise, ElectoralCollege, Federalists,federalism,Anti-Federalists

Reading Strategy

Comparing andContrasting As you read,compare the Virginia Planto the New Jersey Plan bycompleting a Venn dia-gram like the one below.

Read to Learn

• What plans of govern-ment did delegatesoffer at theConstitutionalConvention?

• What compromiseswere agreed upon bythe delegates?

Creating andRatifying theConstitution

SECTION

Credit for the Great Compromise goes to Roger Sherman, whose name most Americans have never heard. As a boy, he was apprenticed to ashoemaker. Sherman’s thirst for knowledge led himto learn on his own, even resorting to reading whilesitting at his cobbler’s bench. When Sherman was19, his father died, and Sherman became the headof the household. Even as he struggled to supporthis mother and siblings, he read and acquiredknowledge. In time, a self-educated Shermanbecame a practicing attorney. From there,appointments as justice of the peace, as adelegate to the colonial assembly, and as judgeof the court of common pleas led him furtherinto a life of public service.

Two Opposing PlansThe delegates to the Constitutional Convention, like Roger

Sherman, were determined to create a framework of govern-ment that all states could accept. Everyone knew that failurecould mean disaster. Elbridge Gerry of Massachusetts spokefor most when he said,

“I would bury my bones in this city rather than [leave] . . .the convention without anything being done.”

On May 29, 1787, shortly after the convention began, theVirginia delegates proposed a plan for the new government.James Madison had designed what became known as theVirginia Plan.

Under the Articles of Confederation, the national govern-ment had consisted of only a legislative branch with a one-house Congress. The Virginia Plan, by contrast, called for agovernment with three branches. In addition to the legislativebranch (the lawmakers), there would be an executive branch

VirginiaPlan

New JerseyPlan

Both

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Roger Sherman

Chapter 3 The Constitution 55North Wind Picture Archives

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to carry out the laws and a judicialbranch—a system of courts—to interpretand apply the laws. The legislature, more-over, would be divided into two houses. Ineach house, states would be represented onthe basis of their population. Large stateswould have more votes than smaller states.

The Virginia Plan appealed to delegatesfrom Massachusetts, Pennsylvania, and

New York, as well as Virginia. The smallstates, however, feared that a governmentdominated by the large states would ignoretheir interests.

After two weeks of angry discussion,William Paterson of New Jersey presentedan alternative proposal. The New JerseyPlan, as it is known, also called for threebranches of government. However, the leg-islature would have only one house andeach state would get one vote, as under theArticles of Confederation. Delegates fromDelaware, New Jersey, and Marylandapproved of this plan. It made their statesequal in power to the big states. Of course,the large states would not accept this plan.They thought larger states should havemore power than smaller states.

Contrasting How did theVirginia Plan differ from the New Jersey Plan?

Constitutional CompromisesFor six weeks the delegates debated the

merits of the two plans. Neither side wantedto give in. Some delegates even threatenedto leave the convention; yet all the delegatesshared the goal of creating a new constitu-tion, so they kept working.

The Great Compromise A committee headed by Roger Sherman

of Connecticut finally came up with ananswer. The committee proposed thatCongress have two houses—a Senate and aHouse of Representatives. Each state wouldhave equal representation in the Senate,which would please the small states. In theHouse, representation would be based onpopulation, which would please the bigstates. (See Chapter 6 for more information.)

After much discussion, the delegatesdecided to accept Sherman’s plan. No groupwas completely happy, but this was a solution

Sam Ervin (1896–1995)Sam J. Ervin, Jr., described him-self as nothing but an “oldcountry lawyer.” However, mem-bers of the U.S. Senate, wherehe served for 20 years, knewotherwise. Whenever Ervin, thecrusty senator from NorthCarolina, arched his eyebrows,they braced themselves for alecture in constitutional law.“Senator Sam,” as he came to

be known, believed the Constitution should befollowed to the letter.

Born in Morganton, North Carolina, Ervingained his love of the Constitution from hisfather, a fiery, self-taught lawyer. He defendedthe Constitution on the battlefields of WorldWar I and upheld it in the North Carolina statelegislature and on the North Carolina statesupreme court.

In the U.S. Senate, Ervin helped break thepower of Senator Joseph McCarthy, who hadfalsely charged hundreds of Americans in the1950s with communist activities. In 1974 heheaded the committee charged with investigat-ing wrongdoings by President Richard Nixon(known as the Watergate investigation). Ervinbelieved the Constitution was “the wisest instru-ment the earth has ever known.” He spent hislife ensuring that elected officials upheld it.

56 Chapter 3 The Constitution

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CORBIS

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with which all could live. Historians call Sherman’s plan the ConnecticutCompromise or the Great Compromise.(A compromise is a way of resolving dis-agreements in which each side gives upsomething but gains something else.)

The Three-Fifths Compromise Although the Great Compromise set-

tled the structure of Congress, questionsremained about how to calculate the popu-lation for purposes of representation. At thetime of the Constitutional Conventionmore than 550,000 African Americans,mostly in the South, were enslaved. TheSouthern states wanted to count these people as part of their populations toincrease their voting power in the House of Representatives. The Northern states,which had few enslaved persons, opposedthe idea.They argued that because enslavedpersons were not allowed to vote or other-wise participate in government, they shouldnot be used to give Southern states astronger voice in Congress.

In the Three-Fifths Compromise,delegates agreed that every five enslavedpersons would count as three free persons.Thus three-fifths of the slave population ineach state would be used in determiningrepresentation in Congress. That numberwould also be used in figuring taxes.

Other Compromises Northern and Southern delegates to the

convention compromised on trade matters,too. The Northern states felt that Congressshould be able to regulate both foreign com-merce and trade between the states. TheSouthern states, however, feared thatCongress would use this power to taxexports—goods sold to other countries. Ifthis happened, the Southern economywould suffer because it depended heavily onexports of tobacco, rice, and other products.

Southerners also feared that Congressmight stop slave traders from bringingenslaved people into the United States.Again, Southern delegates objected becauseSouthern plantations depended on thelabor of slaves. Again a compromise amongthe delegates would settle the issue.

ATLANTICOCEAN

GeorgiaJan. 2, 1788

SouthCarolina

May 23, 1788

North CarolinaNov. 21, 1789*

VirginiaJune 25, 1788

MarylandApril 28, 1788

DelawareDec. 7, 1787

New JerseyDec. 18, 1787

NewYork

July 26, 1788

ConnecticutJan. 9, 1788

MassachusettsFeb. 6, 1788

RhodeIsland

May 29, 1790

NewHampshireJune 21, 1788

PennsylvaniaDec. 12, 1787

* Ratification wasoriginally defeated;

date representssecond vote.

UnanimouslyratifiedStronglysupportedratificationStronglyopposedratificationRatified afterthe Constitutionbecame fullyeffective

N

E

S

W

0 100 200 miles

0 100 200 kilometers

Albers Equal-Area Projection

The Constitution sur-vived strong oppositionamong many of the 13states. Why were somestates hesitant to ratifythe Constitution?

The delegates signedthe Constitution aboutfour months after theyconvened.

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Chapter 3 The Constitution 57National Archives

Ratifying the Constitution

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58 Chapter 3 The Constitution

After some discussion, the Southernstates agreed that Congress could regulatetrade between the states, as well as withother countries. In exchange, the Northagreed that Congress could not tax exports,nor could it interfere with the slave tradebefore 1808.

The delegates compromised on variousother disagreements about their new gov-ernment. Some delegates, for example,thought members of Congress shouldchoose the president; others believed thatthe people should vote to decide the presi-dency. The solution was the ElectoralCollege, a group of people who would benamed by each state legislature to select thepresident and vice president. The ElectoralCollege system is still used today, but thevoters in each state, not the legislatures,now choose electors.

Cause and Effect Whattwo arguments resulted in the ElectoralCollege compromise?

Approving the ConstitutionAll summer, the delegates to the

Constitutional Convention hammered outthe details of the new government. As theirwork drew to an end, some delegatesheaded home, but 42 remained. OnSeptember 17, 1787, they gathered for thelast time. A committee, headed byGouverneur Morris, had put their ideas inwriting, and the Constitution was ready tobe signed. All but three delegates signedtheir names at the bottom.

The next step was to win ratification, orapproval, of the Constitution.The delegateshad decided that each state would set up aratifying convention to vote “yes” or “no.”When at least 9 of the 13 states had ratifiedit, the Constitution would become thesupreme law of the land.

A Divided Public Americans reacted to the proposed

Constitution in different ways. Supportersof the document called themselvesFederalists. They chose this name toemphasize that the Constitution would create a system of federalism, a form ofgovernment in which power is dividedbetween the federal, or national, govern-ment and the states.

To win support, the Federalistsreminded Americans of the flaws in theArticles of Confederation. They argued thatthe United States would not survive withouta strong national government. In a series ofessays known as The Federalist, AlexanderHamilton, James Madison, and John Jaydefended the Constitution. Madison arguedin The Federalist, No. 10:

“A republic, by which I mean agovernment in which the scheme ofrepresentation takes place . . .promises the cure for which we areseeking. . . .”

Federal Hall New York City became the nation’stemporary capital. George Washington waselected president, and Congress met for the firsttime in 1789 in Federal Hall. The Constitutiontook effect after which state ratified it?

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North Wind Picture Archives

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J.B. Handelsman

Checking for Understanding

1. Key Terms Write short para-graphs about the ConstitutionalConvention using the group ofterms below: Federalists,federalism, Anti-Federalists,Great Compromise.

Reviewing Main Ideas2. Identify With what issue did the

Three-Fifths Compromise deal?How did it resolve this issue?

3. Explain What was the purpose ofThe Federalist? Why did the Anti-Federalists object to theConstitution?

Critical Thinking

4. Drawing Conclusions Why wereSoutherners at the ConstitutionalConvention fearful of governmentcontrol of trade?

5. Comparing and Contrasting Ona graphic organizer like the onebelow, compare the views of theFederalists and the Anti-Federalists.

Analyzing Visuals

6. Interpret Examine the map onpage 57. Which states ratifiedthe Constitution after it tookeffect?

SECTION ASSESSMENT

Those who opposed the Constitution,the Anti-Federalists, felt that it gave toomuch power to the national governmentand took too much away from the states.The Anti-Federalists also objected to theabsence of a bill of rights.They thought theConstitution failed to provide protectionfor certain individual liberties, such as thefreedoms of speech and religion.

Reaching Agreement The Federalists eventually agreed

with the Anti-Federalists that a bill ofrights was a good idea. They promisedthat if the Constitution was adopted,the new government would add a bill ofrights to it.

That promise helped turn the tide.Several states had already voted for rat-ification. On June 21, 1788, New

Hampshire became the ninth state to do so,and the Constitution took effect. In time,the four remaining states ratified theConstitution, ending with Rhode Island in1790. The 13 independent states were nowone nation, the United States of America.

Identifying What promisehelped get the Constitution ratified?

Federalists Anti-Federalists

�BE AN ACTIVE CITIZEN�7. Survey Conduct a survey of at

least 10 adults in which you askthem whether they favor continu-ing the Electoral College oramending the Constitution tohave the presidency determinedby the popular vote. Ask respon-dents to explain their answers.

Chapter 3 The Constitution 59

Analyzing Visuals The writers of theConstitution looked to the future in manyways—including their decision to allowamendments to the document they created.What is the setting for this cartoon? Whatdo you imagine prompted the speaker tomake the statement he did?

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James Madison, author of the Constitution

The Constitution of the United States is truly aremarkable document. It was one of the first writ-ten constitutions in modern history. The Framers

wanted to devise a plan for a strong central governmentthat would unify the country, as well as preserve theideals of the Declaration of Independence. The documentthey wrote created a representative legislature, the officeof president, a system of courts, and a process for addingamendments. For over 200 years, the flexibility andstrength of the Constitution has guided the nation’s polit-ical leaders. The document has become a symbol of prideand a force for national unity.

The entire text of the Constitutionand its amendments follows. For eas-ier study, those passages that havebeen set aside or changed by the adop-tion of amendments are printed inblue. Also included are explanatorynotes that will help clarify the mean-ing of each article and section.

(l)Library of Congress, (r)Wes Thompson/The Stock Market

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PreambleWe the People of the United States, in Order to form

a more perfect Union, establish Justice, insure domesticTranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble introduces the Constitu-tion and sets forth the general purposesfor which the government was estab-lished. The Preamble also declares thatthe power of the government comesfrom the people.

The printed text of the documentshows the spelling and punctuation ofthe parchment original.

What It MeansRepresentation The number of represen-tatives from each state is based on thesize of the state’s population. Each stateis entitled to at least one representative.What are the qualifications for membersof the House of Representatives?

What It MeansArticle I. The Legislative Branch TheConstitution contains seven divisionscalled articles. Each article covers a gen-eral topic. For example, Articles I, II, andIII create the three branches of thenational government—the legislative,executive, and judicial branches. Most ofthe articles are divided into sections.

Vocabularypreamble: introductionconstitution: principles and laws ofa nationenumeration: census or populationcountimpeachment: bringing chargesagainst an official

61

Article ISection 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of aSenate and House of Representatives.

Section 2[1.] The House of Representatives shall be composed of

Members chosen every second Year by the People of theseveral States, and the Electors in each State shall have theQualifications requisite for Electors of the most numerousBranch of the State Legislature.[2.] No person shall be a Representative who shall not have

attained to the Age of twenty five Years, and been seven Yearsa Citizen of the United States, and who shall not, when elected,be an Inhabitant of that State in which he shall be chosen.[3.] Representatives and direct Taxes shall be apportioned

among the several States which may be included within thisUnion, according to their respective Numbers, which shall bedetermined by adding to the whole Number of free Persons,including those bound to Service for a Term of Years, andexcluding Indians not taxed, three fifths of all other Persons.The actual Enumeration shall be made within three Years afterthe first Meeting of the Congress of the United States, andwithin every subsequent Term of ten Years, in such Manner asthey shall by Law direct. The Number of Representatives shallnot exceed one for every thirty Thousand, but each State shallhave at Least one Representative; and until such enumerationshall be made, the State of New Hampshire shall be entitled tochuse three; Massachusetts eight, Rhode-Island andProvidence Plantations one, Connecticut five, New-York six,New Jersey four, Pennsylvania eight, Delaware one, Marylandsix, Virginia ten, North Carolina five, South Carolina five, andGeorgia three.[4.] When vacancies happen in the Representation from any

State, the Executive Authority thereof shall issue Writs ofElection to fill such Vacancies.[5.] The House of Representatives shall chuse their Speaker

and other Officers; and shall have the sole Power ofImpeachment.

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Section 3[1.] The Senate of the United States shall be composed of

two Senators from each State, chosen by the Legislaturethereof, for six Years; and each Senator shall have one Vote.[2.] Immediately after they shall be assembled in

Consequence of the first Election, they shall be divided asequally as may be into three Classes. The Seats of theSenators of the first Class shall be vacated at the Expirationof the second Year, of the second Class at the Expiration ofthe fourth Year, and of the third Class at the Expiration ofthe sixth Year, so that one third may be chosen every secondYear; and if Vacancies happen by Resignation, or otherwise,during the Recess of the Legislature of any State, theExecutive thereof may make temporary Appointments untilthe next Meeting of the Legislature, which shall then fillsuch Vacancies.[3.] No Person shall be a Senator who shall not have

attained to the Age of thirty Years, and been nine Years aCitizen of the United States, and who shall not, whenelected, be an Inhabitant of that State for which he shall be chosen.[4.] The Vice President of the United States shall be

President of the Senate, but shall have no Vote, unless theybe equally divided.[5.] The Senate shall chuse their other Officers, and also a

President pro tempore, in the Absence of the Vice President,or when he shall exercise the Office of the President of theUnited States.[6.] The Senate shall have the sole Power to try all

Impeachments. When sitting for that Purpose, they shall beon Oath or Affirmation. When the President of the UnitedStates is tried, the Chief Justice shall preside: And no Personshall be convicted without the Concurrence of two thirds ofthe Members present.[7.] Judgment in Cases of Impeachment shall not extend

further than to removal from Office, and disqualification tohold and enjoy any Office of honor, Trust or Profit under theUnited States: but the Party convicted shall nevertheless beliable and subject to Indictment, Trial, Judgment andPunishment, according to Law.

Section 4[1.] The Times, Places and Manner of holding Elections for

Senators and Representatives, shall be prescribed in eachState by the Legislature thereof; but the Congress may at anytime by Law make or alter such Regulations, except as to thePlaces of chusing Senators.[2.] The Congress shall assemble at least once in every Year,

and such Meeting shall be on the first Monday in December,unless they shall by Law appoint a different Day.

Vocabularypresident pro tempore: presidingofficer of Senate who serves whenthe vice president is absentindictment: charging a person withan offensequorum: minimum number ofmembers that must be present toconduct sessionsadjourn: to suspend a sessionimmunity privilege: memberscannot be sued or prosecuted foranything they say in Congressemoluments: salariesbill: draft of a proposed lawrevenue: income raised bygovernment

What It MeansElecting Senators Originally, senatorswere chosen by the state legislators of theirown states. The Seventeenth Amendmentchanged this, so that senators are nowelected by the people. There are 100 sena-tors, 2 from each state. The vice presidentserves as president of the Senate.

What It MeansImpeachment One of Congress’s powersis the power to impeach—to accuse gov-ernment officials of wrongdoing, put themon trial, and if necessary remove themfrom office. Which body has the power todecide the official’s guilt or innocence?

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John Adams, the first vice president

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Section 5[1.] Each House shall be the Judge of the Elections, Returns

and Qualifications of its own Members, and a Majority of eachshall constitute a Quorum to do Business; but a smallerNumber may adjourn from day to day, and may be authorizedto compel the Attendance of absent Members, in such Manner,and under such Penalties as each House may provide.[2.] Each House may determine the Rules of its

Proceedings, punish its Members for disorderly Behaviour,and, with the Concurrence of two thirds, expel a Member.[3.] Each House shall keep a Journal of its Proceedings, and

from time to time publish the same, excepting such Parts asmay in their Judgment require Secrecy; and the Yeas and Naysof the Members of either House on any question shall, at theDesire of one fifth of those Present, be entered on the Journal.[4.] Neither House, during the Session of Congress, shall,

without the Consent of the other, adjourn for more thanthree days, nor to any other Place than that in which the twoHouses shall be sitting.

Section 6[1.] The Senators and Representatives shall receive a

Compensation for their Services, to be ascertained by Law,and paid out of the Treasury of the United States. They shallin all Cases, except Treason, Felony and Breach of the Peace,be privileged from Arrest during their Attendance at theSession of their respective Houses, and in going to andreturning from the same; and for any Speech or Debate ineither House, they shall not be questioned in any other Place.[2.] No Senator or Representative shall, during the Time for

which he was elected, be appointed to any civil Office underthe Authority of the United States, which shall have beencreated, or the Emoluments whereof shall have beenencreased during such time; and no Person holding anyOffice under the United States, shall be a Member of eitherHouse during his Continuance in Office.

Section 7[1.] All Bills for raising Revenue shall originate in the

House of Representatives; but the Senate may propose orconcur with Amendments as on other Bills.[2.] Every Bill which shall have passed the House of

Representatives and the Senate, shall, before it become aLaw, be presented to the President of the United States; If heapprove he shall sign it, but if not he shall return it, with hisObjections to that House in which it shall have originated,who shall enter the Objections at large on their Journal, andproceed to reconsider it. If after such Reconsideration twothirds of that House shall agree to pass the Bill, it shall besent, together with the Objections, to the other House, by

Senate gavel

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What It MeansWhere Tax Laws Begin All tax lawsmust originate in the House of Rep-resentatives. This ensures that thebranch of Congress that is elected by thepeople every two years has the majorrole in determining taxes.

What It MeansHow Bills Become Laws A bill maybecome a law only by passing bothhouses of Congress and by being signedby the president. The president cancheck Congress by rejecting—vetoing—itslegislation. How can Congress overridethe president’s veto?

What It MeansCongressional Salaries To strengthenthe federal government, the Founders setcongressional salaries to be paid by theUnited States Treasury rather than bymembers’ respective states. Originally,members were paid $6 per day. In 2005,all members of Congress received a basesalary of $165,200.

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Civil War money

What It MeansPowers of Congress Expressed powersare those powers directly stated in theConstitution. Most of the expressed pow-ers of Congress are listed in Article I,Section 8. These powers are also calledenumerated powers because they arenumbered 1–18. Which clause givesCongress the power to declare war?

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which it shall likewise be reconsidered, and if approved bytwo thirds of that House, it shall become a Law. But in allsuch Cases the Votes of both Houses shall be determined byyeas and Nays, and the Names of the Persons voting for andagainst the Bill shall be entered on the Journal of each Houserespectively. If any Bill shall not be returned by the Presidentwithin ten Days (Sundays excepted) after it shall have beenpresented to him, the Same shall be a Law, in like Manner asif he had signed it, unless the Congress by their Adjourn-ment prevent its Return, in which Case it shall not be a Law.[3.] Every Order, Resolution, or Vote to which the

Concurrence of the Senate and House of Representativesmay be necessary (except on a question of Adjournment)shall be presented to the President of the United States; andbefore the Same shall take Effect, shall be approved by him,or being disapproved by him, shall be repassed by twothirds of the Senate and House of Representatives, accordingto the Rules and Limitations prescribed in the Case of a Bill.

Section 8[1.] The Congress shall have the Power To lay and collect

Taxes, Duties, Imposts and Excises, to pay the Debts andprovide for the common Defence and general Welfare of theUnited States; but all Duties, Imposts and Excises shall beuniform throughout the United States;[2.] To borrow Money on the credit of the United States;[3.] To regulate Commerce with foreign Nations, and

among the several States, and with the Indian Tribes;[4.] To establish an uniform Rule of Naturalization, and

uniform Laws on the subject of Bankruptcies throughout theUnited States;[5.] To coin Money, regulate the Value thereof, and of for-

eign Coin, and fix the Standard of Weights and Measures;[6.] To provide for the Punishment of counterfeiting the

Securities and current Coin of the United States;[7.] To establish Post Offices and post Roads;[8.] To promote the Progress of Science and useful Arts, by

securing for limited Times to Authors and Inventors theexclusive Right to their respective Writings and Discoveries;[9.] To constitute Tribunals inferior to the supreme Court;[10.] To define and punish Piracies and Felonies committed

on the high Seas, and Offences against the Law of Nations;[11.] To declare War, grant Letters of Marque and Reprisal,

and make Rules concerning Captures on Land and Water;[12.] To raise and support Armies, but no Appropriation of

Money to that Use shall be for a longer Term than two Years;[13.] To provide and maintain a Navy;[14.] To make Rules for the Government and Regulation of

the land and naval Forces;[15.] To provide for calling forth the Militia to execute the

Laws of the Union, suppress Insurrections and repel Invasions;

Vocabularyresolution: legislature’s formalexpression of opinionnaturalization: procedure by whicha citizen of a foreign nation becomesa citizen of the United States.tribunal: a courtletter of marque: authority given toa citizen to outfit an armed shipand use it to attack enemy ships intime of warreprisal: taking by force property orterritory belonging to anothercountry or to its citizensinsurrection: rebellion

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[16.] To provide for organizing, arming, and disciplining,the Militia, and for governing such Part of them as may beemployed in the Service of the United States, reserving tothe States respectively, the Appointment of the Officers, andthe Authority of training the Militia according to the disci-pline prescribed by Congress;[17.] To exercise exclusive Legislation in all Cases whatso-

ever, over such District (not exceeding ten Miles square) asmay, by Cession of particular States, and the Acceptance ofCongress, become the Seat of Government of the UnitedStates, and to exercise like Authority over all Places pur-chased by the Consent of the Legislature of the State inwhich the Same shall be, for the Erection of Forts, Magazines,Arsenals, dock-Yards, and other needful Buildings, —And[18.] To make all Laws which shall be necessary and

proper for carrying into Execution the foregoing Powers,and all other Powers vested by this Constitution in theGovernment of the United States, or in any Department orOfficer thereof.

Section 9[1]. The Migration or Importation of such Persons as any of

the States now existing shall think proper to admit, shall notbe prohibited by the Congress prior to the Year one thou-sand eight hundred and eight, but a Tax or duty may beimposed on such Importation, not exceeding ten dollars foreach Person.[2.] The Privilege of the Writ of Habeas Corpus shall not be

suspended, unless when in Cases of Rebellion or Invasionthe public Safety may require it.[3.] No Bill of Attainder or ex post facto Law shall be

passed.[4.] No Capitation, or other direct, Tax shall be laid, unless

in Proportion to the Census or Enumeration herein beforedirected to be taken.[5.] No Tax or Duty shall be laid on Articles exported from

any State.[6.] No Preference shall be given by any Regulation of

Commerce or Revenue to the Ports of one State over those ofanother: nor shall Vessels bound to, or from, one State, beobliged to enter, clear, or pay Duties in another.[7.] No Money shall be drawn from the Treasury, but in

Consequence of Appropriations made by Law; and a regularStatement and Account of the Receipts and Expenditures ofall public Money shall be published from time to time.[8.] No Title of Nobility shall be granted by the United

States: And no Person holding any Office of Profit or Trustunder them, shall, without the Consent of the Congress,accept of any present, Emolument, Office, or Title, of anykind whatever, from any King, Prince, or foreign State.

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What It MeansElastic Clause The final enumeratedpower is often called the “elastic clause.”This clause gives Congress the right tomake all laws “necessary and proper” tocarry out the powers expressed in theother clauses of Article I. It is called theelastic clause because it lets Congress“stretch” its powers to meet situations theFounders could never have anticipated.

What does the phrase “necessary andproper” in the elastic clause mean?Almost from the beginning, this phrasewas a subject of dispute. The issue waswhether a strict or a broad interpretationof the Constitution should be applied.The dispute was first addressed in 1819,in the case of McCulloch v. Maryland,when the Supreme Court ruled in favor ofa broad interpretation.

What It MeansHabeas Corpus A writ of habeas corpusissued by a judge requires a law officialto bring a prisoner to court and showcause for holding the prisoner. A bill ofattainder is a bill that punished a personwithout a jury trial. An “ex post facto” lawis one that makes an act a crime after theact has been committed. What does theConstitution say about bills of attainder?

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Section 10[1.] No State shall enter into any Treaty, Alliance, or

Confederation; grant Letters of Marque and Reprisal; coinMoney; emit Bills of Credit; make any Thing but gold andsilver Coin a Tender in Payment of Debts; pass any Bill ofAttainder, ex post facto Law, or Law impairing theObligation of Contracts, or grant any Title of Nobility.[2.] No State shall, without the Consent of the Congress, lay

any Imposts or Duties on Imports or Exports, except whatmay be absolutely necessary for executing it’s inspectionLaws: and the net Produce of all Duties and Imposts, laid byany State on Imports and Exports, shall be for the Use of theTreasury of the United States; and all such Laws shall besubject to the Revision and Controul of the Congress.[3.] No State shall, without the Consent of Congress, lay

any Duty of Tonnage, keep Troops, or Ships of War in timeof Peace, enter into any Agreement or Compact with anotherState, or with a foreign Power, or engage in War, unless actu-ally invaded, or in such imminent Danger as will not admitof delay.

Article IISection 1[1.] The executive Power shall be vested in a President of

the United States of America. He shall hold his Office duringthe Term of four Years, and, together with the VicePresident, chosen for the same Term, be elected, as follows[2.] Each State shall appoint, in such Manner as the

Legislature thereof may direct, a Number of Electors, equal tothe whole Number of Senators and Representatives to whichthe State may be entitled in the Congress: but no Senator orRepresentative, or Person holding an Office of Trust or Profitunder the United States, shall be appointed an Elector.[3.] The Electors shall meet in their respective States, and

vote by Ballot for two Persons, of whom one at least shallnot be an Inhabitant of the same State with themselves. Andthey shall make a List of all the Persons voted for, and of theNumber of Votes for each; which List they shall sign andcertify, and transmit sealed to the Seat of the Government ofthe United States, directed to the President of the Senate.The President of the Senate shall, in the Presence of theSenate and House of Representatives, open all theCertificates, and the Votes shall then be counted. The Personhaving the greatest Number of Votes shall be the President,if such Number be a Majority of the whole Number ofElectors appointed; and if there be more than one who havesuch Majority, and have an equal Number of Votes, then theHouse of Representatives shall immediately chuse by Ballotone of them for President; and if no person have a Majority,

Vocabularyappropriations: funds set aside fora specific useemolument: paymentimpost: taxduty: tax

What It MeansLimitations on the States Section 10lists limits on the states. These restric-tions were designed, in part, to preventan overlapping in functions and authoritywith the federal government.

United Statescoins

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What It MeansArticle II. The Executive Branch ArticleII creates an executive branch to carry outlaws passed by Congress. Article II liststhe powers and duties of the presidency,describes qualifications for office and pro-cedures for electing the president, andprovides for a vice president.

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then from the five highest on the List the said House shall inlike Manner chuse the President. But in chusing thePresident, the Votes shall be taken by States, the Representa-tion from each State having one Vote; A quorum for thisPurpose shall consist of a Member or Members from twothirds of the States, and a Majority of all the States shall benecessary to a Choice. In every Case, after the Choice of thePresident, the Person having the greatest Number of Votesof the Electors shall be the Vice President. But if there shouldremain two or more who have equal Votes, the Senate shallchuse from them by Ballot the Vice President.[4.] The Congress may determine the Time of chusing the

Electors, and the Day on which they shall give their Votes;which Day shall be the same throughout the United States.[5.] No Person except a natural born Citizen, or a Citizen of

the United States, at the time of the Adoption of thisConstitution, shall be eligible to the Office of President;neither shall any Person be eligible to that Office who shallnot have attained to the Age of thirty five Years, and beenfourteen Years a Resident within the United States.[6.] In Case of the Removal of the President from Office,

or of his Death, Resignation, or Inability to discharge thePowers and Duties of the said Office, the Same shall devolveon the Vice President, and the Congress may by Law pro-vide for the Case of Removal, Death, Resignation orInability, both of the President and Vice President, declaringwhat Officer shall then act as President, and such Officershall act accordingly, until the Disability be removed, or aPresident shall be elected.[7.] The President shall, at stated Times, receive for his

Services, a Compensation, which shall neither be encreasednor diminished during the Period for which he shall havebeen elected, and he shall not receive within that Period anyother Emolument from the United States, or any of them.[8.] Before he enter on the Execution of his Office, he shall

take the following Oath or Affirmation:—“I do solemnlyswear (or affirm) that I will faithfully execute the Office ofPresident of the United States, and will to the best of myAbility, preserve, protect and defend the Constitution of theUnited States.”

Section 2[1.] The President shall be Commander in Chief of the

Army and Navy of the United States, and of the Militia ofthe several States, when called into the actual Service of theUnited States; he may require the Opinion, in writing, of theprincipal Officer in each of the executive Departments, uponany Subject relating to the Duties of their respective Offices,and he shall have Power to grant Reprieves and Pardons forOffences against the United States, except in Cases ofImpeachment.

What It MeansPrevious Elections The Twelfth Amend-ment, added in 1804, changed the methodof electing the president stated in Article II,Section 3. The Twelfth Amendmentrequires that the electors cast separateballots for president and vice president.

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What It MeansQualifications The president must be acitizen of the United States by birth, atleast 35 years of age, and a resident ofthe United States for 14 years.

What It MeansVacancies If the president dies, resigns,is removed from office by impeachment,or is unable to carry out the duties of theoffice, the vice president becomes presi-dent. The Twenty-fifth Amendment setsprocedures for presidential succession.

What It MeansSalary Originally, the president’s salarywas $25,000 per year. The president’scurrent salary is $400,000 plus a$50,000 nontaxable expense accountper year. The president also receives liv-ing accommodations in two residences—the White House and Camp David.

What It MeansThe Cabinet Mention of “the principalofficer in each of the executive depart-ments” is the only suggestion of the pres-ident’s cabinet to be found in theConstitution. The cabinet is an advisorybody, and its power depends on the pres-ident. Section 2, Clause 1 also makes thepresident—a civilian—the head of thearmed services. This established the prin-ciple of civilian control of the military.

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[2.] He shall have Power, by and with the Advice andConsent of the Senate, to make Treaties, provided two thirdsof the Senators present concur; and he shall nominate, andby and with the Advice and Consent of the Senate, shallappoint Ambassadors, other public Ministers and Consuls,Judges of the supreme Court, and all other Officers of theUnited States, whose Appointments are not herein otherwiseprovided for, and which shall be established by Law: but theCongress may by Law vest the Appointment of such inferiorOfficers, as they think proper, in the President alone, in theCourts of Law, or in the Heads of Departments.[3.] The President shall have Power to fill up all Vacancies

that may happen during the Recess of the Senate, by grant-ing Commissions which shall expire at the End of their nextSession.

Section 3He shall from time to time give to the Congress

Information of the State of the Union, and recommend totheir Consideration such Measures as he shall judge necessaryand expedient; he may, on extraordinary Occasions, conveneboth Houses, or either of them, and in Case of Disagreementbetween them, with Respect to the Time of Adjournment, hemay adjourn them to such Time as he shall think proper; heshall receive Ambassadors and other public Ministers; heshall take Care that the Laws be faithfully executed, and shallCommission all the Officers of the United States.

Section 4The President, Vice President and all civil Officers of the

United States, shall be removed from Office on Impeach-ment for, and Conviction of, Treason, Bribery, or other highCrimes and Misdemeanors.

Article IIISection 1

The judicial Power of the United States, shall be vested inone supreme Court, and in such inferior Courts as theCongress may from time to time ordain and establish. TheJudges, both of the supreme and inferior Courts, shall holdtheir Offices during good Behaviour, and shall, at statedTimes, receive for their Services, a Compensation, whichshall not be diminished during their Continuance in Office.

Section 2[1.] The judicial Power shall extend to all Cases, in Law and

Equity, arising under this Constitution, the Laws of theUnited States, and Treaties made, or which shall be made,under their Authority;—to all Cases affecting Ambassadors,

Impeachment ticket

What It MeansStatute Law Federal courts deal mostlywith “statute law,” or laws passed byCongress, treaties, and cases involvingthe Constitution itself.

What It MeansArticle III. The Judicial Branch Theterm judicial refers to courts. TheConstitution set up only the SupremeCourt, but provided for the establish-ment of other federal courts. The judici-ary of the United States has two differentsystems of courts. One system consistsof the federal courts, whose powersderive from the Constitution and federallaws. The other includes the courts ofeach of the 50 states, whose powersderive from state constitutions and laws.

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What It MeansPresidential Powers An executiveorder is a command issued by a presi-dent to exercise a power which he hasbeen given by the U.S. Constitution or bya federal statute. In times of emergency,presidents sometimes have used theexecutive order to override the Con-stitution of the United States and theCongress. During the Civil War, PresidentLincoln suspended many fundamentalrights guaranteed in the Constitutionand the Bill of Rights. He closed downnewspapers that opposed his policiesand imprisoned some who disagreedwith him. Lincoln said that these actionswere justified to preserve the Union.

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other public Ministers and Consuls;—to all Cases of admi-ralty and maritime Jurisdiction;—to Controversies to whichthe United States shall be a Party;—to Controversiesbetween two or more States;—between a State and Citizensof another State;—between Citizens of different States,—between Citizens of the same State claiming Lands underGrants of different States, and between a State, or theCitizens thereof, and foreign States, Citizens or Subjects.[2.] In all Cases affecting Ambassadors, other public

Ministers and Consuls, and those in which a State shall beParty, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Courtshall have appellate Jurisdiction, both as to Law and Fact,with such Exceptions, and under such Regulations as theCongress shall make.[3.] The Trial of all Crimes, except in Cases of Impeach-

ment, shall be by Jury; and such Trial shall be held in theState where the said Crimes shall have been committed; butwhen not committed within any State, the Trial shall be atsuch Place or Places as the Congress may by Law havedirected.

Section 3[1.] Treason against the United States, shall consist only in

levying War against them, or in adhering to their Enemies,giving them Aid and Comfort. No Person shall be convictedof Treason unless on the Testimony of two Witnesses to thesame overt Act, or on Confession in open Court.[2.] The Congress shall have Power to declare the

Punishment of Treason, but no Attainder of Treason shallwork Corruption of Blood, or Forfeiture except during theLife of the Person attainted.

Article IVSection 1

Full Faith and Credit shall be given in each State to thepublic Acts, Records, and judicial Proceedings of every otherState. And the Congress may by general Laws prescribe theManner in which such Acts, Records and Proceedings shallbe proved, and the Effect thereof.

Section 2[1.] The Citizens of each State shall be entitled to all

Privileges and Immunities of Citizens in the several States.[2.] A Person charged in any State with Treason, Felony, or

other Crime, who shall flee from Justice, and be found inanother State, shall on Demand of the executive Authority ofthe State from which he fled, be delivered up, to be removedto the State having Jurisdiction of the Crime.

Vocabularyoriginal jurisdiction: authority tobe the first court to hear a caseappellate jurisdiction: authority tohear cases that have been appealedfrom lower courtstreason: violation of the allegianceowed by a person to his or her owncountry, for example, by aiding anenemy

What It MeansThe Supreme Court A Court with “orig-inal jurisdiction” has the authority to bethe first court to hear a case. TheSupreme Court has “appellate jurisdic-tion” and mostly hears cases appealedfrom lower courts.

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What It MeansArticle IV. Relations Among the StatesArticle IV explains the relationship of thestates to one another and to the nationalgovernment. This article requires eachstate to give citizens of other states thesame rights as its own citizens, addressesadmitting new states, and guaranteesthat the national government will protectthe states.

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[3.] No Person held to Service of Labour in one State, underthe Laws thereof, escaping into another, shall, in Consequenceof any Law or Regulation therein, be discharged from suchService or Labour, but shall be delivered up on Claim of theParty to whom such Service or Labour may be due.

Section 3[1.] New States may be admitted by the Congress into this

Union; but no new State shall be formed or erected withinthe Jurisdiction of any other State; nor any State be formedby the Junction of two or more States, or Parts of States,without the Consent of the Legislatures of the States con-cerned as well as of the Congress.[2.] The Congress shall have Power to dispose of and make

all needful Rules and Regulations respecting the Territory orother Property belonging to the United States; and nothingin this Constitution shall be so construed as to Prejudice anyClaims of the United States, or of any particular State.

Section 4The United States shall guarantee to every State in this

Union a Republican Form of Government, and shall protecteach of them against Invasion; and on Application of theLegislature, or of the Executive (when the Legislature cannotbe convened) against domestic Violence.

Article VThe Congress, whenever two thirds of both Houses shall

deem it necessary, shall propose Amendments to thisConstitution, or, on the Application of the Legislatures of twothirds of the several States, shall call a Convention for pro-posing Amendments, which, in either Case, shall be valid toall Intents and Purposes, as Part of this Constitution, whenratified by the Legislatures of three fourths of the severalStates, or by Conventions in three fourths thereof, as the oneor the other Mode of Ratification may be proposed by theCongress; Provided that no Amendment which may be madeprior to the Year One thousand eight hundred and eight shallin any Manner affect the first and fourth Clauses in the NinthSection of the first Article; and that no State, without itsConsent, shall be deprived of its equal Suffrage in the Senate.

Article VI[1.] All Debts contracted and Engagements entered into,

before the Adoption of this Constitution, shall be as validagainst the United States under this Constitution, as underthe Confederation.

Vocabularyextradition: surrender of a criminalto another authorityamendment: a change to theConstitution ratification: process by which anamendment is approved

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What It MeansNew States Congress has the power toadmit new states. It also determines thebasic guidelines for applying for state-hood. Two states, Maine and WestVirginia, were created within the bound-aries of another state. In the case of WestVirginia, President Lincoln recognized theWest Virginia government as the legalgovernment of Virginia during the CivilWar. This allowed West Virginia to secedefrom Virginia without obtaining approvalfrom the Virginia legislature.

What It MeansRepublic Government can be classifiedin many different ways. The ancient GreekPhilosopher Aristotle classified govern-ment based on the question: Whogoverns? According to Aristotle, all gov-ernments belong to one of three majorgroups: (1) autocracy—rule by one per-son; (2) oligarchy—rule by a few persons;or (3) democracy—rule by many persons.A republic is a form of democracy in whichthe people elect representatives to makethe laws and conduct government.

What It MeansArticle V. The Amendment ProcessArticle V spells out the ways that theConstitution can be amended, orchanged. All of the 27 amendments wereproposed by a two-thirds vote of bothhouses of Congress. Only the Twenty-firstAmendment was ratified by constitutionalconventions of the states. All otheramendments have been ratified by statelegislatures. What is an amendment?

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[2.] This Constitution, and the Laws of the United Stateswhich shall be made in Pursuance thereof; and all Treatiesmade, or which shall be made, under the Authority of theUnited States, shall be the supreme Law of the Land; andthe Judges in every State shall be bound thereby, any Thingin the Constitution or Laws of any State to the Contrarynotwithstanding.[3.] The Senators and Representatives before mentioned,

and the Members of the several State Legislatures, and allexecutive and judicial Officers, both of the United States andof the several States, shall be bound by Oath or Affirmation,to support this Constitution; but no religious Test shall everbe required as a Qualification to any Office or public Trustunder the United States.

Article VIIThe Ratification of the Conventions of nine States, shall

be sufficient for the Establishment of this Constitutionbetween the States so ratifying the Same.

Done in Convention by the Unanimous Consent of theStates present the Seventeenth Day of September in the Yearof our Lord one thousand seven hundred and Eighty sevenand of the Independence of the United States of America theTwelfth. In witness whereof We have hereunto subscribedour Names,

What It MeansArticle VI. National Supremacy ArticleVI contains the “supremacy clause.” Thisclause establishes that the Constitution,laws passed by Congress, and treaties ofthe United States “shall be the supremeLaw of the Land.” The “supremacyclause” recognized the Constitution andfederal laws as supreme when in conflictwith those of the states.

What It MeansArticle VII. Ratification Article VIIaddresses ratification and declares thatthe Constitution would take effect after itwas ratified by nine states.

New HampshireJohn LangdonNicholas Gilman

MassachusettsNathaniel GorhamRufus King

ConnecticutWilliam Samuel JohnsonRoger Sherman

New YorkAlexander Hamilton

New JerseyWilliam LivingstonDavid BrearleyWilliam PatersonJonathan Dayton

PennsylvaniaBenjamin FranklinThomas MifflinRobert MorrisGeorge ClymerThomas FitzSimonsJared IngersollJames WilsonGouverneur Morris

DelawareGeorge ReadGunning Bedford, Jr.John DickinsonRichard BassettJacob Broom

MarylandJames McHenryDaniel of St. Thomas JeniferDaniel Carroll

VirginiaJohn BlairJames Madison, Jr.

North CarolinaWilliam BlountRichard Dobbs SpaightHugh Williamson

South CarolinaJohn RutledgeCharles Cotesworth PinckneyCharles PinckneyPierce Butler

GeorgiaWilliam FewAbraham Baldwin

Attest: William Jackson, Secretary

SignersGeorge Washington, President and Deputy from Virginia

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Amendment ICongress shall make no law respecting an establishment

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

Amendment IIA well regulated Militia, being necessary to the security of

a free State, the right of the people to keep and bear Arms,shall not be infringed.

Amendment IIINo Soldier shall, in time of peace be quartered in any

house, without the consent of the Owner, nor in time of war,but in a manner to be prescribed by law.

Amendment IVThe right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searchesand seizures, shall not be violated, and no Warrants shallissue, but upon probable cause, supported by Oath or affir-mation, and particularly describing the place to be searched,and the persons or things to be seized.

Amendment VNo person shall be held to answer for a capital, or other-

wise infamous crime, unless on a presentment or indict-ment of a Grand Jury, except in cases arising in the land ornaval forces, or in the Militia, when in actual service in timeof War or public danger; nor shall any person be subject forthe same offence to be twice put in jeopardy of life or limb;nor shall be compelled in any criminal case to be a witnessagainst himself, nor be deprived of life, liberty, or property,without due process of law; nor shall private property betaken for public use without just compensation.

Amendment VIIn all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of theState and district wherein the crime shall have been commit-ted, which district shall have been previously ascertained bylaw, and to be informed of the nature and cause of the accu-sation; to be confronted with the witnesses against him; tohave compulsory process for obtaining Witnesses in hisfavor, and to have the assistance of counsel for his defence.

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What It MeansThe Amendments This part of theConstitution consists of amendments, orchanges. The Constitution has beenamended 27 times throughout thenation’s history.

What It MeansBill of Rights The first 10 amendmentsare known as the Bill of Rights (1791).These amendments limit the powers ofgovernment. The First Amendment pro-tects the civil liberties of individuals in theUnited States. The amendment freedomsare not absolute, however. They are limitedby the rights of other individuals. Whatfreedoms does the First Amendmentprotect?

What It MeansRights of the Accused This amend-ment contains important protections forpeople accused of crimes. One of theprotections is that government may notdeprive any person of life, liberty, orproperty without due process of law. Thismeans that the government must followproper constitutional procedures in trialsand in other actions it takes against indi-viduals. According to Amendment V,what is the function of a grand jury?

What It MeansRights to a Speedy, Fair Trial A basicprotection is the right to a speedy, pub-lic trial. The jury must hear witnessesand evidence on both sides before decid-ing the guilt or innocence of a personcharged with a crime. This amendmentalso provides that legal counsel must beprovided to a defendant. In 1963, theSupreme Court ruled, in Gideon v.Wainwright, that if a defendant cannotafford a lawyer, the government mustprovide one to defend him or her. Why isthe right to a “speedy” trial important?

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Amendment VIIIn Suits at common law, where the value in controversy

shall exceed twenty dollars, the right of trial by jury shall bepreserved, and no fact tried by a jury, shall be otherwisereexamined in any Court of the United States, than accord-ing to the rules of common law.

Amendment VIIIExcessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.

Amendment IXThe enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others retainedby the people.

Amendment XThe powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reservedto the States respectively, or to the people.

Amendment XIThe Judicial power of the United States shall not be con-

strued to extend to any suit in law or equity, commencedor prosecuted against one of the United States by Citizensof another State, or by Citizens or Subjects of any ForeignState.

Amendment XIIThe electors shall meet in their respective states and

vote by ballot for President and Vice-President, one ofwhom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots theperson voted for as President, and in distinct ballots theperson voted for as Vice-President, and they shall makedistinct lists of all persons voted for as President, and ofall persons voted for as Vice-President, and of the numberof votes for each, which lists they shall sign and certify,and transmit sealed to the seat of the government of theUnited States, directed to the President of the Senate;—ThePresident of the Senate shall, in the presence of the Senateand House of Representatives, open all the certificates andthe votes shall then be counted;—The person having thegreatest number of votes for President, shall be thePresident, if such number be a majority of the wholenumber of Electors appointed; and if no person have such

What It MeansSuits Against States The EleventhAmendment (1795) limits the jurisdictionof the federal courts. The Supreme Courthad ruled that a federal court could try alawsuit brought by citizens of SouthCarolina against a citizen of Georgia. Thiscase, Chisholm v. Georgia, decided in1793, raised a storm of protest, leadingto passage of the Eleventh Amendment.

Vocabularyquarter: to provide livingaccommodationsprobable cause: police must havea reasonable basis to believe aperson is linked to a crimewarrant: document that givespolice particular rights or powerscommon law: law established byprevious court decisionsbail: money that an accused personprovides to the court as aguarantee that he or she will bepresent for a trial

What It MeansPowers of the People This amendmentprevents government from claiming thatthe only rights people have are thoselisted in the Bill of Rights.

What It MeansPowers of the States The final amend-ment of the Bill of Rights protects thestates and the people from an all-powerful federal government. It estab-lishes that powers not given to thenational government—or denied to thestates—by the Constitution belong tothe states or to the people.

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majority, then from the persons having the highestnumbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But inchoosing the President, the votes shall be taken by states,the representation from each state having one vote; aquorum for this purpose shall consist of a member ormembers from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if theHouse of Representatives shall not choose a Presidentwhenever the right of choice shall devolve upon them,before the fourth day of March next following, then theVice-President shall act as President, as in the case of the death or other constitutional disability of thePresident. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if suchnumber be a majority of the whole number of Electorsappointed, and if no person have a majority, then from thetwo highest numbers on the list, the Senate shall choosethe Vice-President; a quorum for the purpose shall consistof two-thirds of the whole number of Senators, and amajority of the whole number shall be necessary to achoice. But no person constitutionally ineligible to theoffice of President shall be eligible to that of Vice-Presidentof the United States.

Amendment XIIISection 1

Neither slavery nor involuntary servitude, except as apunishment for crime whereof the party shall have beenduly convicted, shall exist within the United States, or anyplace subject to their jurisdiction.

Section 2Congress shall have power to enforce this article by

appropriate legislation.

Amendment XIVSection 1

All persons born or naturalized in the United States,and subject to the jurisdiction thereof, are citizens of theUnited States and of the State wherein they reside. NoState shall make or enforce any law which shall abridgethe privileges or immunities of citizens of the UnitedStates; nor shall any State deprive any person of life, lib-erty, or property, without due process of law; nor deny toany person within its jurisdiction the equal protection ofthe laws.

Vocabularymajority: more than halfdevolve: to pass onabridge: to reduceinsurrection: rebellion against thegovernmentemancipation: freedom fromslavery

What It MeansElections The Twelfth Amendment(1804) corrects a problem that hadarisen in the method of electing the pres-ident and vice president. This amend-ment provides for the Electoral Collegeto use separate ballots in voting for pres-ident and vice president. If no candi-date receives a majority of the electoralvotes, who elects the president?

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What It MeansAbolition of Slavery Amendments Thir-teen (1865), Fourteen (1868), andFifteen (1870) often are called the CivilWar amendments because they grew out of that great conflict. The ThirteenthAmendment outlaws slavery.

What It MeansRights of Citizens The FourteenthAmendment (1868) originally wasintended to protect the legal rights of thefreed slaves. Today it protects the rightsof citizenship in general by prohibiting astate from depriving any person of life,liberty, or property without “due processof law.” In addition, it states that all citi-zens have the right to equal protection ofthe law in all states.

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Section 2Representatives shall be apportioned among the several

States according to their respective numbers, counting thewhole number of persons in each State, excluding Indiansnot taxed. But when the right to vote at any election forthe choice of electors for President and Vice President ofthe United States, Representatives in Congress, theExecutive and Judicial officers of a State, or the membersof the Legislature thereof, is denied to any of the maleinhabitants of such State, being twenty-one years of age,and citizens of the United States, or in any way abridged,except for participation in rebellion, or other crime, thebasis of representation therein shall be reduced in the pro-portion which the number of such male citizens shall bearto the whole number of male citizens twenty-one years ofage in such State.

Section 3No person shall be a Senator or Representative in

Congress, or elector of President and Vice President, or holdany office, civil or military, under the United States, or underany State, who, having previously taken an oath, as a mem-ber of Congress, or as an officer of the United States, or as amember of any State legislature, or as an executive or judi-cial officer of any State, to support the Constitution of theUnited States, shall have engaged in insurrection or rebel-lion against the same, or given aid or comfort to the enemiesthereof. But Congress may by a vote of two-thirds of eachHouse, remove such disability.

Section 4The validity of the public debt of the United States,

authorized by law, including debts incurred for payment of pensions and bounties for service in suppressinginsurrection or rebellion, shall not be questioned. But neitherthe United States nor any State shall assume or pay any debtor obligation incurred in aid of insurrection or rebellionagainst the United States, or any claim for the loss or eman-cipation of any slave; but all such debts, obligations andclaims shall be held illegal and void.

Section 5The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article.

Amendment XVSection 1

The right of citizens of the United States to vote shallnot be denied or abridged by the United States or by any

What It MeansPenalty The leaders of the Confederacywere barred from state or federal officesunless Congress agreed to remove thisban. By the end of Reconstruction all but a few Confederate leaders were allowedto return to public life.

What It MeansRepresentation in Congress This sec-tion reduced the number of members astate had in the House ofRepresentatives if it denied its citizensthe right to vote. Later civil rights lawsand the Twenty-fourth Amendment guar-anteed the vote to African Americans.

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What It MeansPublic Debt The public debt acquired bythe federal government during the CivilWar was valid and could not be ques-tioned by the South. However, the debtsof the Confederacy were declared to beillegal. Could former slaveholders col-lect payment for the loss of their slaves?

What It MeansRight to Vote The Fifteenth Amendment(1870) prohibits the government fromdenying a person’s right to vote on thebasis of race. Despite the law, manystates denied African Americans theright to vote by such means as poll taxes,literacy tests, and white primaries.During the 1950s and 1960s, Congresspassed successively stronger laws to endracial discrimination in voting rights.

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State on account of race, color, or previous condition ofservitude.

Section 2The Congress shall have power to enforce this article by

appropriate legislation.

Amendment XVIThe Congress shall have power to lay and collect taxes on

incomes, from whatever source derived, without apportion-ment among the several States and without regard to anycensus or enumeration.

Amendment XVIISection 1

The Senate of the United States shall be composed oftwo Senators from each State, elected by the peoplethereof, for six years; and each Senator shall have onevote. The electors in each State shall have the qualifica-tions requisite for electors of the most numerous branch ofthe State legislatures.

Section 2When vacancies happen in the representation of any State

in the Senate, the executive authority of such State shallissue writs of election to fill such vacancies: Provided, Thatthe legislature of any State may empower the executivethereof to make temporary appointments until the peoplefill the vacancies by election as the legislature may direct.

Section 3This amendment shall not be so construed as to affect the

election or term of any Senator chosen before it becomesvalid as part of the Constitution.

Amendment XVIIISection 1

After one year from ratification of this article, the man-ufacture, sale, or transportation of intoxicating liquorswithin, the importation thereof into, or the exportationthereof from the United States and all territory subject tothe jurisdiction thereof for beverage purposes is herebyprohibited.

Section 2The Congress and the several States shall have concurrent

power to enforce this article by appropriate legislation.

Vocabularyapportionment: distribution ofseats in House based on populationvacancy: an office or position thatis unfilled or unoccupied

What It MeansElection of Senators The SeventeenthAmendment (1913) states that the peo-ple, instead of state legislatures, electUnited States senators. How many yearsare in a Senate term?

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Internal Revenue Service

What It MeansProhibition The Eighteenth Amendment(1919) prohibited the production, sale,or transportation of alcoholic beveragesin the United States. Prohibition provedto be difficult to enforce. This amend-ment was later repealed by the Twenty-first Amendment.

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Internal Revenue Service

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Section 3This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the legisla-tures of the several States, as provided in the Constitution,within seven years from the date of the submission hereof tothe States by the Congress.

Amendment XIXSection 1

The right of citizens of the United States to vote shall notbe denied or abridged by the United States or by any Stateon account of sex.

Section 2Congress shall have power by appropriate legislation to

enforce the provisions of this article.

Amendment XXSection 1

The terms of the President and Vice President shall end atnoon on the 20th day of January, and the terms of theSenators and Representatives at noon on the 3d day ofJanuary, of the years in which such terms would have endedif this article had not been ratified; and the terms of theirsuccessors shall then begin.

Section 2The Congress shall assemble at least once in every

year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3If, at the time fixed for the beginning of the term of the

President, the President elect shall have died, the VicePresident elect shall become President. If a President shallnot have been chosen before the time fixed for the begin-ning of his term, or if the President elect shall have failedto qualify, then the Vice President elect shall act asPresident until a President shall have qualified; and theCongress may by law provide for the case wherein neithera President elect nor a Vice President elect shall have qual-ified, declaring who shall then act as President, or themanner in which one who is to act shall be selected, andsuch person shall act accordingly until a President or VicePresident shall have qualified.

What It Means“Lame-Duck” Amendments The Twenti-eth Amendment (1933) sets new datesfor Congress to begin its term and for theinauguration of the president and vicepresident. Under the original Constitution,elected officials who retired or who hadbeen defeated remained in office for sev-eral months. For the outgoing president,this period ran from November untilMarch. Such outgoing officials had littleinfluence and accomplished little, andthey were called lame ducks because theywere so inactive. What date was fixed asInauguration Day?

What It MeansWoman Suffrage The Nineteenth Amend-ment (1920) guaranteed women theright to vote. By then women had alreadywon the right to vote in many state elec-tions, but the amendment put their rightto vote in all state and national electionson a constitutional basis.

What It MeansSuccession This section provides that ifthe president-elect dies before takingoffice, the vice president-elect becomespresident.

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Section 4The Congress may by law provide for the case of the

death of any of the persons from whom the House ofRepresentatives may choose a President whenever the rightof choice shall have devolved upon them, and for the case ofthe death of any of the persons from whom the Senate maychoose a Vice President whenever the right of choice shallhave devolved upon them.

Section 5Sections 1 and 2 shall take effect on the 15th day of

October following the ratification of this article.

Section 6This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the legisla-tures of three-fourths of the several States within sevenyears from the date of its submission.

Amendment XXISection 1

The eighteenth article of amendment to the Constitutionof the United States is hereby repealed.

Section 2The transportation or importation into any State,

Territory, or possession of the United States for delivery oruse therein of intoxicating liquors, in violation of the lawsthereof, is hereby prohibited.

Section 3This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by conventionsin the several States, as provided in the Constitution, withinseven years from the date of the submission hereof to theStates by the Congress.

Amendment XXIISection 1

No person shall be elected to the office of the Presidentmore than twice, and no person who had held the office ofPresident, or acted as President, for more than two years of aterm to which some other person was elected President shallbe elected to the office of the President more than once. Butthis Article shall not apply to any person holding the officeof President when this Article was proposed by theCongress, and shall not prevent any person who may be

Vocabularypresident-elect: individual who iselected president but has not yetbegun serving his or her termDistrict of Columbia: site ofnation’s capital, occupying an areabetween Maryland and Virginia

John Tyler was the first vicepresident to become presidentwhen a chief executive died.

What It MeansTerm Limit The Twenty-second Amend-ment (1951) limits presidents to a maxi-mum of two elected terms. It was passedlargely as a reaction to Franklin D.Roosevelt’s election to four termsbetween 1933 and 1945.

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What It MeansRepeal of Prohibition The Twenty-firstAmendment (1933) repeals the Eight-eenth Amendment. It is the only amend-ment ever passed to overturn an earlieramendment. It is also the only amend-ment ratified by special state conven-tions instead of state legislatures.

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holding the office of President, or acting as President, duringthe term within which this Article becomes operative fromholding the office of President or acting as President duringthe remainder of such term.

Section 2This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the legisla-tures of three-fourths of the several States within sevenyears from the date of its submission to the States by theCongress.

Amendment XXIIISection 1

The District constituting the seat of Government of theUnited States shall appoint in such manner as the Congressmay direct:

A number of electors of President and Vice Presidentequal to the whole number of Senators and Representativesin Congress to which the District would be entitled if itwere a State, but in no event more than the least populousState; they shall be in addition to those appointed by theStates, but they shall be considered, for the purposes of theelection of President and Vice President, to be electorsappointed by a State; and they shall meet in the Districtand perform such duties as provided by the twelfth articleof amendment.

Section 2The Congress shall have power to enforce this article by

appropriate legislation.

Amendment XXIVSection 1

The right of citizens of the United States to vote in anyprimary or other election for President or Vice President, forelectors for President or Vice President, or for Senator orRepresentative in Congress, shall not be denied or abridgedby the United States or any State by reason of failure to payany poll tax or other tax.

Section 2The Congress shall have power to enforce this article by

appropriate legislation.

What It MeansElectors for the District of ColumbiaThe Twenty-third Amendment (1961)allows citizens living in Washington,D.C., to vote for president and vice pres-ident, a right previously denied residentsof the nation’s capital. The District ofColumbia now has three presidentialelectors, the number to which it wouldbe entitled if it were a state.

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What It MeansAbolition of Poll Tax The Twenty-fourthAmendment (1964) prohibits poll taxesin federal elections. Prior to the passageof this amendment, some states hadused such taxes to keep low-incomeAfrican Americans from voting. In 1966the Supreme Court banned poll taxes instate elections as well.

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Presidential campaign buttons

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Amendment XXVSection 1

In case of the removal of the President from office or hisdeath or resignation, the Vice President shall becomePresident.

Section 2Whenever there is a vacancy in the office of the Vice

President, the President shall nominate a Vice President whoshall take the office upon confirmation by a majority vote ofboth Houses of Congress.

Section 3Whenever the President transmits to the President pro

tempore of the Senate and the Speaker of the House ofRepresentatives his written declaration that he is unable todischarge the powers and duties of his office, and until hetransmits to them a written declaration to the contrary, suchpowers and duties shall be discharged by the Vice Presidentas Acting President.

Section 4Whenever the Vice President and a majority of either the

principal officers of the executive departments or of suchother body as Congress may by law provide, transmit to thePresident pro tempore of the Senate and the Speaker of the House of Representatives their written declarationthat the President is unable to discharge the powers andduties of his office, the Vice President shall immediatelyassume the power and duties of the office of ActingPresident.

Thereafter, when the President transmits to the Presidentpro tempore of the Senate and the Speaker of the House ofRepresentatives his written declaration that no inabilityexists, he shall resume the powers and duties of his officeunless the Vice President and a majority of either the princi-pal officers of the executive department or of such otherbody as Congress may by law provide, transmit within fourdays to the President pro tempore of the Senate and theSpeaker of the House of Representatives their written decla-ration that the President is unable to discharge the powersand duties of his office. Thereupon Congress shall decidethe issue, assembling within forty-eight hours for that pur-pose if not in session. If the Congress, within twenty-onedays after receipt of the latter written declaration, or, ifCongress is not in session, within twenty-one days afterCongress is required to assemble, determines by two-thirdsvote of both Houses that the President is unable to dis-charge the powers and duties of his office, the Vice

President Gerald Ford

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What It MeansThe Vice President The Twenty-fifthAmendment (1967) established aprocess for the vice president to takeover leadership of the nation when apresident is disabled. It also set proce-dures for filling a vacancy in the office ofvice president.

This amendment was used in 1973,when Vice President Spiro Agnewresigned from office after being chargedwith accepting bribes. President RichardNixon then appointed Gerald R. Ford asvice president in accordance with theprovisions of the 25th Amendment. Ayear later, President Nixon resigned dur-ing the Watergate scandal and Fordbecame president. President Ford thenhad to fill the vice presidency, which hehad left vacant upon assuming the presi-dency. He named Nelson A. Rockefelleras vice president. Thus individuals whohad not been elected held both the pres-idency and the vice presidency. Whomdoes the president inform if he or shecannot carry out the duties of the office?

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President shall continue to discharge the same as ActingPresident; otherwise, the President shall resume the powerand duties of his office.

Amendment XXVISection 1

The right of citizens of the United States, who are eight-een years of age or older, to vote shall not be denied orabridged by the United States or by any State on account of age.

Section 2The Congress shall have power to enforce this article by

appropriate legislation.

Amendment XXVIINo law, varying the compensation for the services of

Senators and Representatives, shall take effect, until anelection of representatives shall have intervened.

Joint meeting of Congress

What It MeansCongressional Pay Raises The Twenty-seventh Amendment (1992) makes con-gressional pay raises effective during theterm following their passage. JamesMadison offered the amendment in1789, but it was never adopted. In 1982Gregory Watson, then a student at theUniversity of Texas, discovered the for-gotten amendment while doing researchfor a school paper. Watson made theamendment’s passage his crusade.

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What It MeansVoting Age The Twenty-sixth Amend-ment (1971) lowered the voting age in both federal and state elections to 18.

Pau

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GUIDE TO READING

Main Idea

The Constitution is aremarkable document,which serves as an adapt-able blueprint for govern-ing the United States.

Key Terms

Preamble, amendment,Bill of Rights, income tax

Reading Strategy

Categorizing InformationAs you read, create andcomplete a chart like theone below by listingimportant features of theU.S. Constitution.

Read to Learn

• How is the Constitutionorganized?

• What do the three partsof the Constitutionaccomplish?

The Structure ofthe Constitution

SECTION

Throughout his remarkable career,Patrick Henry stood out as a supporter of thecolonists and their rights. At the First ContinentalCongress in 1774, he energetically spoke formeasures that assumed the unity of the colonies.At the same time, he was against a strong centralgovernment. Though selected to be a delegate, herefused to attend sessions in 1787 and 1788,while the Constitution was being drafted. Henrywas perhaps the most famous Anti-Federalist tospeak against ratification of the Constitution.With the addition of the Bill of Rights, however,Henry embraced the Constitution. As a Federalist,Henry won a seat in the Virginia legislature. Hedied before he could assume his post, though.

The Constitution and Its PartsMen with strong but often opposing ideas about the role of

government shaped the Constitution. When you read theConstitution, you discover how remarkable it is. In the wordsof Harry S Truman, our thirty-third president, “It’s a plan, butnot a straitjacket, flexible and short.” In very few pages, it man-ages to provide an adaptable framework for government thathas held up for more than 200 years.

Although the main purpose of the Constitution is to pro-vide a framework for the U.S. government, it does much morethan that. It is the highest authority in the nation. It is the basiclaw of the United States.The powers of all the branches of gov-ernment come from the Constitution. Like the American flag,the Constitution is a symbol of our nation. It represents oursystem of government and our basic beliefs and ideals, such asliberty and freedom.

The Constitution has three main parts. First is thePreamble, an introduction that states the goals and purposes ofthe government. Next are seven articles that describe the struc-ture of the government. Third are 27 amendments, or addi-tions and changes, to the Constitution.

Patrick Henry

82 Chapter 3 The Constitution

Preamble: Articles:

The U.S.Constitution

Amendments:

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North Wind Picture Archives

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The Oath of Office EveryAmerican president takes an oathto “preserve, protect, and defendthe Constitution of the UnitedStates.” George Washington andGeorge W. Bush were sworn in asthe first and forty-third presidents.What is the president reallypledging to protect?

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(l)New York Historical Society, (r)Reuters/Kevin Lamarque/Archive Photos

Chapter 3 The Constitution 83

The PreambleThe opening section of the Constitution,

the Preamble, tells why the Constitutionwas written. It consists of a single, concisesentence that begins and ends as follows:

“We the People of the UnitedStates . . . do ordain and establishthis Constitution for the UnitedStates of America.”

These carefully chosen words make clearthat the power of government comes fromthe people.The government depends on thepeople for its power and exists to serve them.

The middle part of the Preamble statessix purposes of the government:

• “To form a more perfect Union”—to unitethe states more effectively so they can oper-ate as a single nation, for the good of all

• “To establish Justice”—to create a systemof fair laws and courts and make certainthat all citizens are treated equally

• “To insure domestic Tranquility”—tomaintain peace and order, keeping citi-zens and their property safe from harm

• “To provide for the common defense”—to be ready militarily to protect the coun-try and its citizens from outside attacks

• “To promote the general Welfare”—to help people live healthy, happy, andprosperous lives

• “To secure the Blessings of Liberty to our-selves and our Posterity”—to guarantee thefreedom and basic rights of all Americans,including future generations (posterity)

The ArticlesThe seven articles that follow the

Preamble explain how the government is towork. The first three articles describe thepowers and responsibilities of each branchof government in turn. The remaining arti-cles address more general matters.

Article I: The Legislative Branch Itis no accident that the first article dealswith the legislative branch. The Framers ofthe Constitution intended the legislature totake the leading role in government.

Article I says that a Congress made oftwo houses—the Senate and the House ofRepresentatives—will have all lawmaking

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Comparing Governments

Senate, with states represented equally,and House of Representatives, apportionedaccording to population, have power to:

Pass laws by majority vote

Declare war

Coin and borrow money

Approve treaties

Amend Constitution by 2/3 vote in bothhouses and approval by 3/4 of states

Tax

Regulate commerce

Confirm presidential appointments

Congress of one house with equalrepresentation of 13 states has power to:

Pass laws by vote of 9 states

Declare war

Coin and borrow money

Make treaties

Amend Articles if all 13 states agree

President chosen by electors has power to:

Enforce laws

Make treaties

Command armedforces

No executive branch

CONSTITUTION ARTICLES OF CONFEDERATION

Supreme Court and lower federal courtshave power to:

Interpret laws

Settle disputes between states

No judicial branch

Legislature

Executive

Judiciary

The Constitution replaced a weak central government with a strong one. Which branches of government did the Constitution add?

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84 Chapter 3 The Constitution

authority. The article then describes howmembers of each house will be chosen andwhat rules they must follow in making laws.For example, a majority of both senatorsand representatives must vote for a billbefore it can become a law.

Article I also lists specific powers thatCongress does and does not have. For exam-ple, Congress may collect taxes, regulate foreign and interstate trade, coin money, anddeclare war. It may not tax exports, however,or favor one state over another.You will learnmore about Congress in Chapter 6.

Article II: The Executive BranchArticle II provides for an executive, orlaw-enforcing, branch of governmentheaded by a president and vice president.Article II explains how these leaders areto be elected and how they can beremoved from office. The article alsodescribes some of the president’s powersand duties. As you will learn in Chapter 7,these include commanding the armedforces, dealing with the leaders of othercountries, and appointing certain govern-ment officials.

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Article III: The Judicial Branch Thejudicial branch is the part of governmentthat interprets the laws and sees that theyare fairly applied. Article III calls for “oneSupreme Court” and such lower courts asCongress deems appropriate.

Article III then lists the powers of thefederal courts and describes the kinds ofcases they may hear. These include casesinvolving the Constitution, federal laws andtreaties, and disputes between states. Readabout our federal judiciary in Chapter 8.

Articles IV–VII In Article IV of theConstitution, the Framers shifted theirfocus to the states. The article says that allstates must respect each other’s laws, courtdecisions, and records. Article IV alsoexplains the process for creating new states,and it promises that the federal governmentwill protect and defend the states.

Article V reveals the foresight of theFramers. They realized that in a changingworld, the Constitution might need modifi-cation over time. Thus they specified howamendments are to be made.

Article VI contains a key statementdeclaring the Constitution the “supremeLaw of the Land.” It adds that if state lawsor court decisions conflict with federal law,the federal law shall prevail.

In Article VII, the Framers dealt withpractical matters. The Constitution wouldtake effect, they wrote, when nine stateshad ratified it.

Describing What is themain purpose of the U.S. Constitution?

Amending the ConstitutionSince the Constitution was signed in

1787, it has been amended 27 times. (Anychange in the Constitution is called anamendment.) The first 10 amendments,known as the Bill of Rights, were added in

1791. Chapter 4 discusses the Bill ofRights, along with other amendments thatsafeguard individual rights and liberties.

A number of amendments addressentirely different matters, such as improvingthe way our government works. For example,the Sixteenth Amendment was passed in1913 to allow Congress to collect an incometax—a tax on people’s earnings.This is nowan important source of money for the gov-ernment, helping it pay for services.

Amending the Constitution

RATIFICATION

Approved by three-fourths of ratifying conventions held in 50 states

RATIFICATION

Approved by three-fourths of 50 state legislatures

NewAmendment to

the Constitution

PROPOSAL

Vote of two-thirds of members of both houses

PROPOSAL

By national convention called at the request of two-thirds of 50 state legislatures

OR

OR

The amendment process allowsthe Constitution to be revised toadapt to changing times. In whatways can this be done?

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The Amendment Process Would it surprise you to know that

thousands of amendments to theConstitution have been considered over theyears? Only 27 have become law becausethe Framers deliberately made the amend-ment process difficult. After months ofdebate and compromise, they knew howdelicately balanced the Constitution was.Changing even one small detail could havedramatic effects throughout the govern-ment.Therefore, the Framers made sure theConstitution could not be altered withoutthe overwhelming support of the people.

At the same time, the ability to amend the Constitution is necessary.Constitutional amendments safeguardmany of our freedoms. For example, theabolition of slavery and the right of womento vote were added in amendments. If theConstitution could not have beenamended to protect the rights of AfricanAmericans, women, and other oppressedgroups, it—and our government—mightnot have survived.

The process for making an amendmentto the Constitution, as outlined in Article V,involves two steps: proposal and ratifica-tion. An amendment may be proposed ineither of two ways. The first method—usedfor all amendments so far—is by congres-sional action. A vote of two-thirds of themembers of both houses of Congress isrequired. The second method is by anational convention requested by two-thirds of the state legislatures.

Once a nationalamendment hasbeen proposed,three-fourths of thestates must ratify it.The states have twoways to do this: bya vote of either thestate legislature or a

special state convention. Only one amend-ment, the Twenty-first Amendment, has beenratified by means of state conventions.Congress proposed and the state legislaturesratified all others.

Inferring Why areamendments to the Constitution necessary?

Interpreting the ConstitutionAlthough the Constitution has been

amended only 27 times, there have beenmany other changes to it. These changeshave taken place through interpretation.The Framers of the Constitution wrote ageneral document, so many matters are leftopen to interpretation.

The Necessary and Proper Clause Article I lists the powers of Congress.

In this article, the Constitution givesCongress the power “to make all Lawswhich shall be necessary and proper” tocarry out its duties. This necessary andproper clause allows Congress to exercisepowers that are not specifically listed inthe Constitution.These powers are knownas “implied powers.”

Americans, though, do not agree aboutwhich laws are “necessary and proper.”Some people feel Congress should beallowed to make any laws the Constitutiondoes not specifically forbid. These peoplebelieve in a loose interpretation of theConstitution. Others believe in a strictinterpretation. They feel Congress shouldmake only the kinds of laws mentioned bythe Constitution.

Interpretation Through Court Decisions

The Supreme Court has the final author-ity on interpreting the Constitution. Over theyears, the Supreme Court has interpreted the

Student Web Activity Visit civ.glencoe.com and click onStudent Web Activities—Chapter 3 to learn moreabout the U.S. Constitution.

86 Chapter 3 The Constitution

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Chapter 3 The Constitution 87

Checking for Understanding

1. Key Terms Write a paragraphabout the Constitution in whichyou use all of the followingterms: Preamble, amendment,Bill of Rights, income tax.

Reviewing Main Ideas 2. Identify What is the purpose

of the Preamble to the U.S.Constitution?

3. Describe In what two ways canan amendment to the U.S.Constitution be ratified? How arethe states involved in theseprocesses?

Critical Thinking

4. Evaluating Information Whichpart of the Constitution do youthink is the most important?Explain your answer.

5. Summarizing Information In achart like the one below,describe the features of ArticlesI, II, and III of the Constitution.

Analyzing Visuals

6. Compare and Contrast Reviewthe chart that compares theArticles of Confederation and the U.S. Constitution onpage 84. How did Congress differ under both forms of government?

SECTION ASSESSMENT

Article I Article II Article III�BE AN ACTIVE CITIZEN�7. Organize Read a section of your

state’s constitution. Find onesimilarity and one differencefrom the U.S. Constitution.

Constitution in different ways—sometimesstrictly, sometimes loosely. With each newinterpretation, our government changes.

Interpretation Through Congressionaland Presidential Actions

Actions taken by Congress and the pres-ident have also caused new interpretationsof the Constitution. The Constitutionallows the House of Representatives toimpeach, or accuse, federal officials, whilethe Senate determines the person’s guilt orinnocence. Congress has investigated morethan 60 people on impeachment charges.

How has the president interpreted theConstitution? In 1841 William HenryHarrison became the first president to die inoffice. Vice President John Tyler assumedthe powers of the president according to theConstitution.The Constitution, however, wasunclear on this matter. Did Tyler automati-cally become president, or was he merely act-ing as president until the next election? Tylerwent ahead and took the presidential oath.Not until 1967, when the Twenty-fifthAmendment was ratified, was Tyler’s actionofficially part of the Constitution.

Presidents interpret the Constitution inother ways, too. Not only does the presidentmake agreements with other countries with-out congressional approval, the presidentalso requests legislation from Congress. TheConstitution does not direct the president totake these actions.

Interpretation Through Custom The interpretation of the Constitution

has also changed through customs that havedeveloped. For example, although theConstitution does not mention political par-ties, they are a very important part of today’spolitical system.Today, parties help organizethe government and conduct elections.

The government under the Constitutiontoday is very different from the governmentset up by the Constitution in 1787. It willprobably go through many more changes,too. However, the basic structure and prin-ciples of our government—a delicate bal-ance between three branches—will nodoubt remain.

Identifying What type ofpowers does the necessary and properclause give to Congress?

Study CentralTMTo review this section, go to

and click on Study CentralTM.civ.glencoe.com

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Critical Thinking

Why Learn This Skill?Students and adult citizens need to acquiremany different kinds of information. You gainknowledge through a variety of activities, suchas observing, listening, and reading. Mapscan present a great deal of information inbrief and interesting formats. Maps can directyou down the street, across the country, oraround the world. To make the most of mapreading, you need to understand the parts of a map.

Learning the SkillFollow these steps to read a map:• Read the title to discover the subject of the

map. The title may include a date, location,or special concept.

• Locate the map key, often found in a cornerof the map. Identify the key’s symbols,including colors and lines.

• Find the scale, which is often located in thekey. The scale tells you what distance onthe earth is represented by the measure-ment on the scale bar. For example, 1 inch(2.54 cm) on the map may represent 100miles (160.9 km) on the earth.

• Note the compass, which shows directionson the map.

• Use the labels on the map, which identifyphysical and political features.

Practicing the SkillLook at the parts of the map on this page andanswer the following questions.

What is the subject of the map?What color are the 13 states?What is the name of the large western territory unclaimed by any states?Along which of the Great Lakes did theBritish hold forts?What other countries claimed land nearthe United States?

5

4

321

88 Chapter 3 The Constitution

Understanding the Parts of a Map

List five types of information found on amap in your history or geography textbook.Describe this information to the class.

Applying the Skill

Practice key skills with Glencoe’sSkillbuilder Interactive WorkbookCD-ROM, Level 1.

NHMA

RICT

NewYork

PennsylvaniaNew Jersey

DelawareMarylandVirginia

North Carolina

SouthCarolina

Georgia

NorthwestTerritory

Claimedby MA

Claimed byNY and NH

BRITISHPOSSESSIONS

SPANISHPOSSESSIONS

SPA

NIS

HP

OS

SE

SS

ION

S

L.M

ichi

gan

Mis

siss

ippi

Rive

r

L. Huron

L. Superior

L. Erie

L. Ontario

ATLANTICOCEAN

Gulf of Mexico

N

E

S

W

0 250 500 miles

0 250 500 kilometers

Albers Equal-Area Projection

United StatesDisputedClaimed by Southern statesBritish forts

Land Area of the United States, 1787

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GUIDE TO READING

Main Idea

The Framers of theConstitution designed agovernment that incorpo-rated the principles ofpopular sovereignty, ruleof law, separation of pow-ers, checks and balances,and federalism.

Key Terms

popular sovereignty,rule of law, separation of powers, checks and balances, expressedpowers, reserved powers,concurrent powers

Reading Strategy

Summarizing InformationAs you read, complete agraphic organizer like theone below to describe thefive principles included inthe U.S. Constitution.

Read to Learn

• How is power distributedin the U.S. government?

• What principles of gov-ernment are containedin the U.S. Constitution?

PrinciplesUnderlying theConstitution

SECTION

As Benjamin Franklin was leaving thelast session of the Constitutional Congress, awoman asked, “What kind of government have yougiven us, Dr. Franklin? A republic or a monarchy?”Franklin answered, “A republic, Madam, if you cankeep it.” Franklin’s response indicated that arepublic—a system of government in which thepeople elect representatives to exercise power forthem—requires citizens to take an active role.

Popular SovereigntyIn designing their plan for government, the delegates to the

Constitutional Convention disagreed on many details. Theyhad a common vision, however, of how the government shouldoperate. It should be representative of the people and limitedin scope. In addition, power should be divided among differentlevels rather than concentrated in a single, central authority.

To achieve these ends, the Framers embraced five funda-mental principles: popular sovereignty, the rule of law, separa-tion of powers, checks and balances, and federalism. Theseprinciples are the backbone of the Constitution.

In Article IV, the Constitution guarantees the Americanpeople “a Republican Form of Government.” Today the word“republic” can mean any representative government headed bya president or similar leader rather than a king or queen whoinherits the position. To the Framers of the Constitution,though, a republic was a representative democracy. In a tradi-tional republic, supreme power belongs to the people, whoexpress their will through elected representatives.This idea wasimportant to the English colonists who came to America.

The notion that power lies with the people is called popularsovereignty. (“Sovereignty” means the right to rule; “popular,”in this case, means the population or public.) The Declaration ofIndependence expresses strong support for popular sovereignty,

BenjaminFranklin

Chapter 3 The Constitution 89

U.S. Constitution

Popular Sovereignty:

Rule of Law:

Separation of Powers:

Checks and Balances:

Federalism:

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Foundations of Our Rights and Freedoms

Trial by jury

Due process

Private property

No unreasonable searchesor seizures

No cruel punishment

No excessive bail or fines

Right to bear arms

Right to petition

Freedom of speech

Freedom of the press

Freedom of religion

RIGHTS AND FREEDOMS

Magna Carta(1215)

Bill of Rights(1791)

English Bill ofRights (1689)

Virginia Declarationof Rights (1776)

PhotoDisc

saying that governments should draw theirpowers “from the consent of the governed.”The Constitution echoes this idea in itsopening statement that “We the People . . .establish this Constitution.”

Further, the Constitution includes sev-eral provisions that ensure the sovereigntyof the people. Of special importance areprovisions about the right of citizens tovote. It is through elections that the peopleexercise their power most clearly. By amajority vote, citizens decide who will rep-resent them in Congress. Through theElectoral College, they also choose thepresident and vice president. Elected offi-cials are always accountable to the people.Elections are regularly scheduled, and vot-ers can reject and replace representativeswho serve them poorly.

Defining What is a republic?

Rule of LawThe Framers firmly believed that the

government should be strong, but not toostrong. As James Madison put it,

“You must first enable thegovernment to control thegoverned, and in the next placeoblige it to control itself.”

To limit the power of both the federal gov-ernment and the states, the Constitutionspecifies what they may and may not do.English monarchs, prior to the MagnaCarta, had unlimited government. Therewere few restrictions on what they did.

Under the Constitution, the govern-ment is also limited by the rule of law.Thismeans that the law applies to everyone, eventhose who govern. No one may break thelaw or escape its reach.

90 Chapter 3 The Constitution

The ideas for the rights and freedoms we enjoy today came fromvarious documents. These rights and freedoms, though, have notalways applied equally to all Americans. Which rights or freedomswere included in all four documents?

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Checks and Balances

LegislativeBranch

Executive Branch Judicial Branch

Can appoint judges

Can impeach president;Can override veto;Can reject appointments;Can refuse to approve treaties Can declare

acts of legislatureunconstitutional

Can declarepresidential actions

unconstitutional

Can impeach judges;Can reject appointment

of judges

Can veto legislation

(l)Getty Images, (r)Joseph Sohm/CORBIS, (bl)Reuters/CORBIS

Chapter 3 The Constitution 91

Separation of PowersTo further protect against abuse of

power and the possibility of one person orgroup gaining too much power, theFramers divided the government into threebranches, each with different functions.The Framers were influenced by the ideasof French philosopher Baron deMontesquieu, who believed that the bestway to protect the liberty of the people wasto clearly separate the legislative, executive,and judicial functions of government andassign each to a separate governmentalbranch. This split of authority among the

legislative, executive, and judicial branchesis called separation of powers.

Checks and BalancesTo keep any one branch from becoming

too powerful, the Constitution also includesa system of checks and balances. Eachbranch of government is able to check, orrestrain, the power of the others. The president, for example, can veto laws pro-posed by Congress and name federal judges.Congress can block presidential appoint-ments and treaties, control spending by the

The three branches of governmentcheck and balance one another. Howcan the legislative branch check thepower of the executive branch?

President George W. Bush gives theState of Union Address in 2005.

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Federal and State Powers

Pass all laws necessaryand proper to carry outits powers

Regulate trade withother countries andamong the states

Conduct foreign affairs

Raise and support anarmy

Coin and print money

Establish a postalsystem

Govern U.S. territories,admit new states, andregulate immigration

Enforce the laws

Establish courts

Collect taxes

Borrow money

Provide for the generalwelfare

Provide for the publicsafety, health, andwelfare within the state

Regulate trade andcommerce withinthe state

Establish localgovernments

Conduct elections,determine qualificationsof voters

Establish a public schoolsystem

ENUMERATED POWERS(Powers given to thefederal government)

CONCURRENT POWERS(Powers shared by state

and federal governments)

RESERVED POWERS(Powers given to

state governments)

92 Chapter 3 The Constitution

executive branch, and, in cases of seriouswrongdoing, remove the president fromoffice. Congress can also reject judicialappointments and remove judges throughthe impeachment process. The SupremeCourt can overturn laws and executive poli-cies that it finds contrary to the Constitution.

Explaining Why did theFramers divide the government into threebranches?

FederalismFurther limits on government arise

from our federal system. Under federalism,as you read in Section 3, power is shared bythe national government and the states.Each level of government—national and

state—has independent authority over peo-ple at the same time. Americans must obeyboth federal and state laws.

Dividing Power In outlining our federal system, the

Constitution gives the national governmentcertain exclusive powers. For example,Article I says that only the national govern-ment may coin money and make treatieswith other nations. None of the 50 stategovernments may do these things.

The powers specifically granted to thenational government are called the enu-merated or expressed powers. You willread more about them in Chapter 6.Powers that the Constitution does not giveto the national government are kept by thestates. These reserved powers, as they

The Constitution is very clear about theexpressed powers of government. Whatare three powers that state and federalgovernments share?

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Chapter 3 The Constitution 93

Checking for Understanding

1. Key Terms Use the group of words below to write a paragraph about the U.S.Constitution.separation of powerspopular sovereigntyrule of lawchecks and balances

Reviewing Main Ideas2. Analyze How are the principles

of separation of powers andchecks and balances related?

3. Evaluate What are the five prin-ciples of government embodiedin the United StatesConstitution?

Critical Thinking

4. Drawing Conclusions Why do you think the Framers of the Constitution thought thesupremacy clause was necessary?

5. Categorizing InformationClassify information about the way the Constitution divides powers by completing a graphic organizer like the one below.

Analyzing Visuals

6. Contrast Review the chart onpage 90. Compare the VirginiaDeclaration of Rights to the Billof Rights. How do the two docu-ments differ?

SECTION ASSESSMENT

are called, include regulating trade withinstate borders, establishing schools, andmaking rules for marriage and divorce.

In some areas, the authority of the statesand the national government overlaps.Powers that both levels of government canexercise are called concurrent powers.Examples include the power to collect taxes,borrow money, and set up courts and prisons.

The Supremacy of the Constitution In a federal system, the laws of a state

and the laws of the nation may conflict. Todeal with this possibility, the Framersincluded the supremacy clause in Article VIof the Constitution. As you read earlier,Article VI declares that the Constitutionand other laws and treaties made by thenational government “shall be the supremeLaw of the Land.”

Because the Constitution is the highestlaw, the national government is not sup-posed to act in violation of it. Likewise,states may do nothing that goes againsteither the Constitution or federal law.

Thomas Jefferson admired the Consti-tution. He wrote,

“I am persuaded no Constitution wasever before so well calculated asours for . . . self-government.”

The Constitution is both durable andadaptable. It expresses our commitment todemocracy, individual liberty, and equaljustice under the law. The principles thatunderpin it—popular sovereignty, the ruleof law, separation of powers, checks andbalances, and federalism—ensure govern-ment restraint as well as power. TheConstitution gives our chosen representa-tives enough power to defend our country’sfreedom, keep order, and protect individu-als’ rights. At the same time, it sets limits sothat Americans need never fear tyranny.The United States Constitution stands as apowerful symbol of American values and asource of pride and unity.

Concluding If a state lawconflicts with a federal law, which law shouldyou follow?

Concurrent Powers:

Expressed Powers:DividedPowers

Reserved Powers:

�BE AN ACTIVE CITIZEN�7. Analyze Read your local or

national newspaper for a week.Find at least one example ofeach of the five principles of government embodied in theConstitution. Share your exam-ples with the class.

Study CentralTMTo review this section, go to

and click on Study CentralTM.civ.glencoe.com

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Reviewing Key TermsChoose the italicized term that best completeseach of the following sentences.

1. The idea of popular sovereignty is representedby separation of powers/the right to vote.

2. Federalists/Anti-Federalists favored ratifica-tion of the new Constitution.

3. The Three-Fifths Compromise/GreatCompromise settled the question of whetherthe Virginia Plan or the New Jersey Planwould be adopted.

4. The first 10 amendments to the Constitutionare called the supremacy clause/Bill of Rights.

5. The issue of how to count enslavedAmericans for the purpose of representationin Congress was settled by the GreatCompromise/Three-Fifths Compromise.

6. The idea of dividing power among differentlevels of government is found in the principleof federalism/separation of powers.

7. Those who opposed the Constitution becauseit gave too much power to the national govern-ment were called Federalists/Anti-Federalists.

8. No state law can conflict with the U.S.Constitution because of the supremacyclause/separation of powers.

9. Checks and balances are most closely asso-ciated with the principle of popular sover-eignty/separation of powers.

10. The notion that governments draw their pow-ers from the consent of the governed is fed-eralism/popular sovereignty.

Reviewing Main Ideas11. For what purpose did the delegates to the

Constitutional Convention originally meet?

12. Why did convention delegates decide to keepthe proceedings secret?

13. What two competing plans did delegates tothe Constitutional Convention debate?

14. Explain the Three-Fifths Compromise.

Section 1

• In 1787, 55 men met at what wouldbecome known as theConstitutional Convention.

• The conventiondelegates agreed onseveral operatingprocedures.

Section 2

• Two major plans were offered at theConstitutional Convention.

• The Great Compromise settled the disputeover the two plans.

Using Your Foldables Study OrganizerUse the foldable journal you havecreated to answer the following essayquestion: What led to the creation ofthe U.S. Constitution, and when andhow was it ratified?

94

Section 3

• The Constitution is divided into three parts.

Section 4

• The Constitutionensures that thegovernment’s powercomes from the peopleand is limited.

• The federal systemfurther limits the U.S.government.

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15. What do the first three articles of theConstitution do?

16. What are the first 10 amendments to theConstitution called and what do they do?

17. What five fundamental principles areembodied by the U.S. Constitution?

18. Explain the difference among expressed,reserved, and concurrent powers.

Critical Thinking19. Predicting What might happen if amend-

ments were easier to propose and ratify?

20. Cause and Effect In a chart like the onebelow, explain the causes and effects ofthe major debate that occurred at theConstitutional Convention.

Practicing Skills 21. Understanding the Parts of a Map Study

the map on page 57. Which states unani-mously ratified the Constitution? How manystates strongly opposed ratification?

Economics Activity22. One of the concurrent powers in the

Constitution is the power to collect taxes.The main source of tax revenue for thenational government is personal and corpo-rate income tax. Investigate your state taxstructure. What taxes comprise the largestsources of revenue in your state?

Analyzing Visuals23. Study the chart on page 91. How does the

judicial branch check the Congress? Howcan the Congress check the president? Doyou think the system works? Explain.

24. With a partner, search your local newspaperfor articles that deal with constitutionalissues. Select an issue from one of the articles and write a letter to your senator or representative expressing your opinionabout the issue.

Technology Activity25. Do an Internet search to find a Supreme

Court case. Use the information you find to write a brief report and describe the constitutional issues raised by the case.

Self-Check Quiz Visit the Civics Today Web site atciv.glencoe.com and click on Self-Check Quizzes—Chapter 3 to prepare for the chapter test.

StandardizedTest Practice

Directions: Choose the bestanswer to the following question.

In what way are the Articles of Confeder-ation and the U.S. Constitution similar? A Under both plans, the national

government could impose taxes.B Under both structures, the national

government could declare war.C The national government could take all

necessary actions to run thegovernment.

D Both documents set up a judicialsystem.

Test-Taking TipReview what you know about these two

documents and note all the areas inwhich the two structures of government

were alike.

Chapter 3 The Constitution 95

CausesNew Jersey

PlanProvisions:

VirginiaPlan

Provisions:

Effects

Debate

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