Citizenship Handbook and United States Constitution Handbook and United States Constitution 279...

276 Citizenship Handbook and United States Constitution

For more than 200 years, theUnited States has flourished.As citizens we enjoy therewards of our system ofgovernment, but we alsohave certain responsibilities.Through our participation,this system will continue toprovide the blessings of life,liberty, and the pursuit ofhappiness.

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Citizenship Handbookand

United StatesConstitution

Citizenship Handbookand

United StatesConstitution

GUIDE TO READING

A Lasting Plan of Government★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★

277Citizenship Handbook and United States Constitution

SECTION 1

SETTING THE SCENE

The Constitution is the nation’s mostimportant document. Written in 1787, it setup a system of government that hasweathered crisis and change for more than200 years. Its priceless heritage is its abili-ty to adapt, or change, while preservingthe basic form of American government.

★The ConstitutionThe Constitution is the basic law of the

United States. Although it is a relativelyshort document, it manages to accomplisha great deal in very few words.

The Constitution’s most obvious pur-pose was to provide a framework for theUnited States government. The Constitu-tion does more than outline the structureof our government, however. As the high-est authority of the nation, it has legal andpolitical force. The power of all the

branches of government and all electedofficials, even the President, comes fromthe Constitution.

The PreambleThe Constitution begins with an introduc-tion, or Preamble. The Preamble identifiesideas that the government stands for andstates the purpose of the Constitution.

We, the people of the UnitedStates, in Order to form amore perfect Union, establishJustice, insure domestic Tranquility, provide for thecommon defence, promotethe general Welfare, andsecure the Blessings of Liber-ty to ourselves and our Pos-terity, do ordain and establishthis Constitution for the United States of America. ”

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GUIDE TO READING

Reading StrategyOrganizing Information As you read aboutthe Constitution, list the document’s goalsin a diagram such as the one shown here.

Read to Learn . . .★ what goals shape the Constitution.★ how the Constitution is organized.★ how amendments to the Constitution

have expanded American democracy.

Terms to Know★ Preamble★ article★ checks and balances★ amendment★ federalism

Main IdeaThe Constitution was designed toadapt to changing needs and providean enduring plan of government.

Goals


The GoalsThe middle of the Preamble lists six

goals for the United States government:1. To “form a more perfect Union”—toallow the states to operate as a singlecountry, for the benefit of all2. To “establish Justice”—to make certainthat all citizens are treated fairly andequally3. To “insure domestic Tranquility”—tokeep peace among the people4. To “provide for the commondefense”—to maintain armed forces to pro-tect the country and its citizens from attack5. To “promote the general Welfare”—toensure, as much as possible, that citizenswill be free from poverty, hunger, anddisease6. To “secure the Blessings of Liberty toourselves and our Posterity”—to guaran-tee that no American’s basic rights will betaken away, now or in the future (Posteritymeans generations not yet born.)

The ArticlesFollowing the Preamble, the Constitu-

tion is broken into seven parts, or articles.The Founders saw the Constitution as acontract between people and their gov-ernment. The seven articles set forth theterms of the contract. The first three arti-cles describe the powers and responsibili-ties of the three branches of government.

Article IArticle I states that a Congress made

up of two houses—the Senate and theHouse of Representatives—will carry outthe legislative duties of government. Thearticle then describes how each housewill be organized and how its memberswill be chosen.

The article also lists the powers givento Congress, including the power to tax,to regulate trade, to coin money, and todeclare war. Following this list is anoth-er that tells what powers are denied toCongress.

Article IIArticle II deals with the executive

branch and provides for a President andVice President to carry out the duties ofthis branch. The article explains howthese two leaders are to be chosen. It thengoes on to list the President’s powers,including the power to command thearmed forces, to make treaties with othernations, and to pardon criminals. ThePresident also has the power to appointcertain government officials. Under thesystem of checks and balances, however,the Senate must approve these appoint-ments. The system of checks and balancesis explained in detail in the next section ofthe Handbook.

Article IIIArticle III gives the judicial powers of

government to a Supreme Court and otherfederal courts. The President appoints thejudges of these courts. These judges servefor life or, in the words of the Constitution,

� STUDENTS VIEW ORIGINAL CONSTITUTION


“during good behavior.” Article III statesthat the courts will have the power tojudge “all cases . . . arising under this Con-stitution.” This statement allows theSupreme Court to prevent the otherbranches from violating the Constitution.

Articles IV–VIIArticle IV explains the relationship

between the states and the national gov-ernment. Article V specifies how theConstitution can be changed. Article VIdiscusses general provisions about thegovernment. Article VII states that theConstitution will go into effect after ninestates ratify it.

★ Amending the Constitution

Any change in the Constitution is calledan amendment. Article V of the Constitu-tion explains the two steps in the amend-ment process: An amendment must firstbe proposed, and then it must be ratified.

An amendment may be proposed ineither of two ways: by vote of two-thirdsof the members of both houses of Con-gress or by a national convention. Two-thirds of the state legislatures mustrequest a national convention. (Such aconvention has never been called.)

Ratifying AmendmentsOnce an amendment has been pro-

posed, three-fourths of the states must rat-ify it. The states have two ways to ratifyan amendment: either by a vote in eachstate legislature or by calling special stateconventions. Only one amendment, theTwenty-first Amendment, was ratified bymeans of state conventions. Since 1789more than 9,000 amendments have beenproposed. Only 27 have been ratified.

In addition to deciding which ratifica-tion method will be used, Congress alsosets a time limit on ratification. Since theearly 1900s, Congress has called for a

seven-year time limit. If three-fourths ofthe states have not approved an amend-ment by this time, it dies. Congress, how-ever, can extend the time limit.

★ Bill of RightsThe Constitution describes the powers

and authority of the national government.The first 10 amendments to the Constitu-tion, known as the Bill of Rights, describethe powers and rights of American citi-zens. These amendments, ratified in 1791,reflect the belief of the Framers of theConstitution in the principle of limitedgovernment. The amendments place strictlimits on how the national governmentcan use its power over the people.

First AmendmentThe First Amendment is probably the

best known and most cherished part of theBill of Rights. It protects five basic freedomsthat are essential to the American way oflife: freedom of religion, speech, the press,assembly, and to petition the government.

Second AmendmentThe Second Amendment guarantees

Americans the right to serve in a statemilitia and to bear arms.

Third AmendmentThe Third Amendment limits the

power of the national government to forceAmericans to quarter, or house, soldiers.In peacetime, soldiers may not move intoprivate homes except with the owner’sconsent. In times of war, the practice isalso prohibited unless people are request-ed to do so by law.

Fourth AmendmentThe Fourth Amendment, sometimes

known as the Privacy Amendment, pro-tects Americans against unreasonablesearches and seizures.


Fifth AmendmentThe Fifth Amendment protects the

rights of people accused of a crime. Theamendment states that no one can be puton trial without first being indicted, orformally accused, by a group of citizenscalled a grand jury.

The Fifth Amendment also protectspeople from double jeopardy. This meansthat people who are accused of a crimeand judged not guilty may not be put ontrial again for the same crime.

In addition, the Fifth Amendment pro-tects an accused person’s right to remain

silent. It guarantees that people cannot beforced to testify against themselves.

The Fifth Amendment states that noone may be denied life, liberty, or property without due process of law.This means following procedures estab-lished by law and guaranteed by theConstitution.

Finally, the Fifth Amendment also pro-tects a person’s property rights. It limitsthe government’s power of eminentdomain. Eminent domain is the right ofgovernment to take private property (usu-ally land) for public use.

The Amendment Process

Amending theConstitution helpsit adapt tochanging times.What role do thestates play in theamendmentprocess?

Amendmentproposed byvote of two-thirds ofmembers ofboth housesof Congress

Afterapproval bythree-fourthsof statelegislatures

Amendmentproposed bynationalconventioncalled at therequest oftwo-thirds ofstatelegislatures

Afterapproval bythree-fourthsof ratifyingconventionsheld in eachstate

Newamendment

to theConstitution

or or

Proposal Ratification

Footnotes to HistoryThe Latest Change The most recent amendment to be added to the Constitutionwas the Twenty-seventh Amendment. It was proposed on September 25, 1789, butnot ratified until May 7, 1992. This amendment prevents Congress from passingimmediate salary increases for itself. It delays congressional pay raises until afterthe next election. Congress passed the amendment in 1789 and sent it to the statesfor ratification. Because no time limit was set for its ratification, the proposal didnot become part of the Constitution until Michigan became the 38th state to ratifyit, 202 years later.


Sixth AmendmentThe Sixth Amendment guarantees

additional rights to people accused ofcrimes. It requires that they be told theexact nature of the charges against them.It also requires that the accused beallowed a trial by jury. A person, though,may ask to be tried only by a judge.

Accused individuals must have theright to hear and question all witnessesagainst them. They must also be permit-ted to call witnesses in their own defense.Finally, they are entitled to have a lawyer.Since the amendment was written, theSupreme Court has ruled that if anaccused person cannot afford to hire alawyer, the government must provideone. The government will pay the fees ofthis court-appointed lawyer.

Seventh AmendmentThe Seventh Amendment guarantees

the right to a jury trial in civil cases if theamount of money involved is more than$20. It does not, however, require a trial.Both sides may decide to have their dis-pute settled by a judge instead.

Eighth AmendmentThe Eighth Amendment forbids exces-

sive bail—that is, an amount that is much

too high. The Eighth Amendment alsoforbids “cruel and unusual punish-ments.” For many years, Americans havedebated what this really means. It is gen-erally agreed that it means that punish-ment should be in proportion to the crimecommitted.

Ninth AmendmentThe Ninth Amendment makes clear

that the rights spelled out in the Consti-tution are not the only rights of theAmerican people.

Tenth AmendmentThe Tenth Amendment is also a

reminder of what the Constitution doesnot say. In this case, it concerns the princi-ple of federalism. Federalism is a systemof government in which the power to gov-ern is shared between the national gov-ernment and the states. The Constitutiontalks about certain powers of national andstate governments. Many other powers ofgovernment—such as the power to set upschools or to license lawyers—are notmentioned at all.

Under the Tenth Amendment, anypowers the Constitution does not specifi-cally give to the national government arereserved for the states or for the people.

Checking for Understanding1. Define Preamble, article, checks and bal-

ances, amendment, federalism.2. Why have amendments been added to the

Constitution?

Critical Thinking3. Interpreting Primary Sources Study the Pre-

amble to the Constitution. Why might thissentence encourage good citizenship?

4. Summarizing Create a diagram similar to theone shown here, and list the major sections

into which the United States Constitution isorganized.

INTERDISCIPLINARY ACTIVITY

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5. Citizenship Photograph scenes in yourcommunity that show the freedoms guaran-teed in the Bill of Rights. Put your photoson a poster entitled “The Face of Liberty.”

Constitution

GUIDE TO READING

The nation’s Founders respected lib-erty, or the freedom of people to live asthey choose. Experience had taught them,however, that people do not always choosewisely or fairly. Therefore, they wanted tocreate a government strong enough to con-trol acts of selfishness or injustice.

To balance liberty with a strong govern-ment, the Founders relied on five princi-ples, or rules. These principles include:popular sovereignty, limited govern-ment, federalism, separation of powers,and checks and balances.

★ Popular SovereigntyThe Declaration of Independence says

government gets its power from “the con-

sent of the governed.” This idea is the basisfor the principle of popular sovereignty.Sovereignty means “authority,” and popularmeans “of the people.” So popular sover-eignty is the “authority of the people.” Inother words, the people hold the finalauthority, or ruling power, in government.

Indirect Rule In 1787 popular sovereignty was a con-

troversial idea. Even the Framers wantedto avoid giving the people too muchpower. They did not want to encouragemob rule, or rule by a lawless mass of peo-ple. The Framers also worried that small-er, less powerful groups might suffer. As aresult, they established a representativedemocracy. In this type of government,

Five Principles of the Constitution

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SECTION 2

Reading StrategyClassifying Information As you read aboutthe principles of the Constitution, use achart such as the one shown here to list andexplain each principle of the Constitution.

Read to Learn . . .★ what five principles guided the Framers

of the Constitution.★ how national and state governments

share power.★ how power is divided in the federal

government.★ how the system of checks and balances

works.

Terms to Know★ liberty★ popular sovereignty★ representative

democracy★ direct democracy

Main IdeaThe drafters of the Constitution triedto balance the notion of liberty with astrong government.

★ electoral college★ tyranny★ federalism★ veto

Principles of Constitution


people elect leaders or officials to makedecisions for them.

A representative democracy allowed thegovernment to grow. Even in the late 1700s,the United States had too many people foreveryone to take part directly in decisionmaking. As the nation grew, direct democ-racy—decision making by all the people—would have been even more impossible.

A Growing VoiceThe Constitution as written by the

Founders allowed the people to votedirectly for members of the House of Rep-resentatives in Congress. State legisla-tures, however, chose members of theSenate. As a result, the people—whoelected their state legislatures—votedindirectly for their senators.

The Founders also set up a system forindirect election of the President. Each statewas to choose a group of officials calledelectors according to a method decided bythe state legislature. The electors would

meet to vote on the state’s choice for Presi-dent. This system of indirect election of thePresident is called the electoral college.

Over time, American voters demandeda greater role in government. In 1913, theSeventeenth Amendment ended the indi-rect election of senators. Now people votedirectly for members of both houses ofCongress. The electoral college, however,still chooses the President even thoughcitizens also vote for this office.

Over the past 200 years, more peoplehave won the right to vote. In the late 1700s,only white male property owners over age21 could vote. Today all eligible citizensover age 18 can take part in elections.

★ Limited GovernmentWhile the Founders wanted a govern-

ment stronger than the one under theArticles of Confederation, they also want-ed to guard against tyranny, or cruel andunjust rule. To meet these aims, the

• Regulate interstate andforeign trade

• Raise and support armedforces

• Declare war and make peace• Coin and print money• Grant patents and copyrights• Establish federal courts• Govern territories

and admit new states• Set standards of weights

and measures• Establish a postal system• Regulate immigration

• Regulate trade withinthe state

• Write business/corporationlaws

• Establish and maintainpublic schools

• Set up local governments• Pass marriage and divorce

laws• Conduct elections• Ratify constitutional

amendments

• Collect taxes• Borrow money• Make and enforce

laws• Establish and

maintain courts• Charter banks• Provide for public

welfare

Powers Shared byNational and State

GovernmentsPowers of the

NationalGovernment

Powers Reservedfor State

Governments

The Federal System

The Constitution'sprinciple offederalism dividespower betweenstate and nationallevels. If youattend a publicuniversity, will itbe supported bythe national orby a stategovernment?


Framers set up a limited government, orone that does not have absolute authority.

The biggest limit on government is theConstitution. The Constitution spells outclearly what the members of each branchof government can and cannot do. If lead-ers overstep their power, the Constitutiontells how they may be removed.

In addition, the Constitution denies cer-tain powers to government. Article I, Sec-tion 9, specifically names things the

federal government cannot do. Article I,Section 10, includes a list of things stategovernments cannot do.

★ FederalismThe Framers believed that the best way

to prevent the government from abusingpower was to divide it. Therefore, theydivided and spread authority in severaldifferent ways. One way was to divide

System of Checks and Balances

The system ofchecks andbalances makescertain that noneof the threebranches becomestoo powerful.What checkdoes the judicialbranch have onCongress?

EXECUTIVE

BRANCH

JUDICIAL

BRANCH

LEGISLATIVE

BRANCH

President Carries Out the Law

Supreme CourtInterprets the Law

Congress Makesthe Law

Checks onJudicial Branch:

• Appoints federaljudges

• Can grantpardons tofederal offenders

Checks onExecutive Branch:

• Can declareexecutive actionsunconstitutional

Checks onExecutive Branch:

• Can override presidentialveto

• Confirms executiveappointments

• Ratifies treaties• Can declare war• Appropriates money• Can impeach and

remove President

Checks onLegislative Branch:

• Can propose laws• Can veto laws• Can call special sessions

of Congress• Makes appointments to

federal posts• Negotiates foreign

treaties

Checks onJudicial Branch:

• Creates lower federalcourts

• Can impeach andremove judges

• Can proposeamendments to overrulejudicial decisions

• Approves appointmentsof federal judges

Checks onLegislative Branch:

• Can declare actsof Congress unconstitutional

authority between the national govern-ment and state governments. This sharingof power between different levels of gov-ernments is known as federalism.

Division of PowersTo prevent arguments between federal

and state governments, the Framers dele-gated, or assigned, certain powers to thefederal government. They also reserved, orsaved, certain other powers to the states.Finally, they listed concurrent, or shared,powers that both the federal and state gov-ernments could exercise. The federal sys-tem chart identifies each of these powers.

The Supremacy ClauseIn a federal system, the laws of a state

and the laws of the national governmentmay conflict. To deal with this possibility,the writers of the Constitution includedthe supremacy clause. Found in Article VI,the supremacy clause states that the Con-stitution and the laws of the national gov-ernment are the “supreme law of theland.” In any conflict between nationallaw and state law, the national law has thehigher authority.

★ Separation of PowersAlthough the Framers took power

from the states, they did not give it to the national government unchecked. To

prevent the national government fromabusing its power, the Framers divided it among three branches. Each branchholds part of the power of government.The legislative branch makes the laws.The executive branch, headed by thePresident, carries out the laws. The judi-cial branch, headed by the SupremeCourt, interprets laws.

★ Checks and BalancesThe Framers did not stop at merely sep-

arating the federal government into threebranches. To keep any one of these threebranches from becoming too powerful, theConstitution also set up a system of checksand balances. Under this system eachbranch of government is able to check, orlimit, the power of the others.

The President has an important checkon the power of Congress. The Presidentcan veto, or reject, a bill Congress propos-es and keep it from becoming a law.

Congress can also check the Chief Exec-utive’s power. It has the power to over-ride, or defeat, the President’s veto. To doso, however, requires a vote by two-thirdsof the members of both houses.

The judicial branch can check thepower of both the legislative and execu-tive branches. The Supreme Court hasthe power to decide the meaning of lawsand to declare that a law goes against theConstitution.

Checking for Understanding1. Define liberty, popular sovereignty, represen-

tative democracy, direct democracy, electoralcollege, tyranny, federalism, veto.

Critical Thinking2. Organizing Information

Re-create the diagram shown here, and list the types of powers found in the Constitution.

3. Predicting Consequences Suppose theFramers had set up a direct democracy. Howmight our history have been different?




4. The Arts List the five major principles of the Constitution. Then create drawingsor find magazine clippings that illustrateeach.

Powers

In 1787 nobody knew if the Constitutionwould work. “This is to be a politicalexperiment,” said James Madison. Theexperiment—and the Constitution—suc-ceeded. One reason for the Constitution’ssuccess is that the Framers did not writecomplicated laws to set up the govern-ment. Instead, they used very general lan-guage. They left it up to future generationsto fill in the details of government.

★ A Flexible DocumentHow has the Constitution kept up with

changing times? One way is through theday-to-day practices of government lead-ers and citizens. Over time, these practiceshave brought so-called informal, or non-written, changes to the Constitution.

Elastic ClauseThe Framers gave Congress the power

to make “all laws which shall be necessaryand proper” for carrying out the tasks ofgovernment. This provision—found inArticle I, Section 8, Clause 18—is knownas the elastic clause, or necessary andproper clause.

What does “necessary and proper”mean? The Framers never said. This gavethe government a lot of freedom to act. Asa result, the federal government—throughthe passage of new laws—has expandedits power greatly since 1787.

Commerce ClauseArticle I, Section 8, Clause 3 is another

example of the Constitution’s generallanguage. This clause says that Congress

Government in Action


SECTION 3

GUIDE TO READING

U.S. PRESIDENTIAL SEAL

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Reading StrategyTaking Notes As you read about the Constitution in action, trace how a billintroduced into the House of Representa-tives becomes a law. Use the outline formshown here.

How a Bill Becomes a LawI. Introduction II.

A. A.B. B.

Main IdeaThe Founding Fathers wrote theConstitution in general terms—allowing future generations to fill in the details of government.

Read to Learn . . .★ what clauses in the Constitution have

allowed government to change.★ how a bill becomes a law.★ the roles of the President of the

United States.

Terms to Know★ precedent★ bureaucracy★ diplomacy★ executive agreement★ constituent★ impeach


has the power to “regulate Commercewith foreign Nations, and among theseveral States.”

Over time, the government has used thisclause to exercise authority in a number ofdifferent areas. It has banned discrimina-tion, or unfair treatment, of different races.It has built a sprawling interstate highwaysystem. In the 1990s, it used the commerceclause to pass laws governing informationsent over computer networks.

Judicial ReviewThe power of the Supreme Court to

review government acts and possiblydeclare them unconstitutional is known asjudicial review. The Constitution neverdirectly gave the courts this power. Astrong-willed chief justice named JohnMarshall, however, believed that this waswhat the Founders meant. In 1803, Mar-shall called an act of Congress unconstitu-tional in a landmark case known asMarbury v. Madison. By doing this, heestablished a precedent, or example, forfuture courts to follow.

Practice and TraditionRoutine political practices have changed

government, too. The Constitution, forexample, did not call for the President tohave a cabinet, or panel of advisers. Presi-dent George Washington started the prac-tice by relying on a group of trustedassistants.

★ The Role of the PresidentAs defined by the Constitution, the

President has four main duties.

Chief ExecutiveAn executive is a manager. As Chief

Executive of the United States, the Presi-dent’s job is to manage the government bycarrying out its laws. A great many laws

exist. Therefore, the President relies on ahuge bureaucracy, or organization of gov-ernment workers.

The federal bureaucracy includes thedepartments that make up the cabinet. Italso includes more than 30 executiveagencies. Each agency is in charge of somespecial task or program. The NationalAeronautics and Space Administration(NASA), for example, manages thenation’s space program.

Chief of StateAs chief of state, the President directs

national diplomacy, or relations with

� ROLES OF THE PRESIDENT The President’smain roles are chief executive, chief of state,commander in chief, and chief legislator.Which role allows the President to signlegislation into law?

istoryPicturingH


foreign countries. Three powers help thePresident to carry out this task. Theyinclude the power to appoint ambas-sadors who represent the United Statesin other countries, the power to maketreaties with foreign countries, and thepower to issue executive agreements. Anexecutive agreement is an agreementthat the President makes directly withthe head of state from another country.

Commander in Chief The President serves as the highest-

ranking officer in the armed services.Only Congress can declare war. ThePresident, however, can order troops tobecome involved in serious situations athome and abroad without the approvalof Congress. The President also has thepower to appoint and remove com-manding officers from service.

Chief LegislatorThe Constitution does not give law-

making powers to the President. The Pres-ident still influences the passage of lawsin two important ways. First, the Presi-dent suggests laws to Congress and worksfor their passage. Second, the Presidentcan use the veto to prevent the passage oflaws that the President opposes.

★ The Role of CongressThe President has a great deal of power.

Congress, however, is the branch of gov-ernment that touches our lives most closely.

Structure of CongressCongress is made up of two houses—the

House of Representatives and the Senate.The House has 435 voting members and

How a Federal Bill Becomes a Law

A bill introduced inCongress goesthrough manysteps before itbecomes law.What role doesthe President playin the passage ofa new law?

Floor ActionHouse Debate, Vote on Passage

Floor ActionSenate Debate, Vote on Passage

Committee ActionReferred to House Committee*

Committee ActionReferred to Senate Committee*

IntroductionBill Introduced in House

IntroductionBill Introduced in Senate

Conference ActionCompromise Bill Sent Back to Both Houses

Final ApprovalHouse and Senate Vote on Final Passage,

Approved Bill Sent to President

EnactmentPresident Signs Bill into Law**

*Committee mayaccept, reject,

amend, orpigeonhole the

bill.

**President maysign bill into law

or veto it.Congress may

override veto bytwo-thirds

majority vote.


5 nonvoting delegates from territories. Thenumber of representatives from each statedepends on a state’s population. Stateswith larger populations have more repre-sentatives. The Senate has 100 members—two for each state.

All representatives in the House servetwo-year terms which begin and end atthe same time. This means that every twoyears, the whole House comes up forreelection. Elections usually take place ineven-numbered years. Senators serve six-year terms. Unlike the House, however,terms are staggered. About one-third ofthe Senate comes up for reelection everytwo years.

Representing VotersThe election schedules encourage mem-

bers of Congress to keep in touch with theirconstituents. Constituents are the voterswho elect public officials to represent them.

The election schedule of the Houserequires a representative seeking reelec-tion to campaign among home con-

stituents at least every two years. The Sen-ate’s staggered election schedule meansthat one-third of the senators campaign athome every two years.

LawmakingThousands of bills, or proposed laws,

come before Congress each year. As thechart on page 288 shows, a bill must gothrough several steps to become law. All535 members of Congress, therefore, can-not hope to consider all the bills presentedto them.

To examine bills, Congress has commit-tees in each house. Standing committees,or permanent committees, specialize indifferent areas, such as agriculture, trade,energy, or foreign affairs.

Both the Senate and the House mustpass legislation in exactly the same lan-guage. Whenever they pass different ver-sions of a bill, they create a conferencecommittee of members of both houses toiron out their differences. The House andSenate must then approve the conference

The Federal Court System

Federal courts ofappeal may reviewcases tried bydistrict courts orother courts at thedistrict level.At what higherlevel might casesfrom an appealscourt be heard?

U.S. Court ofInternational

Trade

U.S. Court ofVeteransAppeals

U.S. Court ofMilitaryAppeals

U.S. Court ofFederalClaims

FederalRegulatoryAgencies

U.S. Tax CourtDistrict Courts

U.S. Courtsof Appeals

U.S. SupremeCourt

Highest StateCourts

committee’s version of the bill before itcan be sent to the President.

Most bills never make it out of com-mittee. More than 90 percent of all billsdie in committee before ever coming upfor a vote on the floor of the House or theSenate.

Investigating WrongdoingThe Constitution gives the House of

Representatives the power to impeach, orbring formal charges against, members ofthe other two branches of government. TheSenate has the power to hold a trial thatdecides if the charges are true. Officialsfound guilty may be removed from office.

Article I, Section 3, Clause 2 also directseach house to set rules for the conduct ofits members. Members who break theserules can be punished or expelled by atwo-thirds vote of that house.

★ The Role of the CourtsThe United States federal court system

is only briefly described in the Constitu-tion. However, it is one of the nation’smost important institutions. Its function isto interpret the laws of the land and topreserve and protect the rights the Consti-tution guarantees. As such, it plays a vitalrole in the system of checks and balancesthat protects our democracy.

Article III of the Constitution called forthe creation of a Supreme Court and a sys-tem of lower courts. Congress set up thefederal court system with passage of theJudiciary Act of 1789.

Structure of the Court System The system has three main levels. At

the lowest level are more than 90 districtcourts and a number of specialized courts,such as the Tax Court and the Court ofMilitary Appeals. At the next level are the13 Courts of Appeals and a small numberof specialized courts. At the highest levelis the United States Supreme Court. Thefederal courts consider only cases involv-ing national laws. Each state has its ownseparate court system for hearing casesrelated to state and local laws.

The Appeals Process Most federal cases begin at the district

level. In these courts, either a judge or ajury reaches a decision. Citizens unhap-py with a district-level decision mayappeal, or ask the next highest court toreview the case.

The court of last appeal is the SupremeCourt. Nine justices—including the chiefjustice—sit on the Court. Decisions of theSupreme Court are made by a simplemajority, or a vote of at least five justices.

Checking for Understanding1. Define precedent, bureaucracy, diplomacy,

executive agreement, constituent, impeach.

Critical Thinking2. Summarizing Re-create the chart shown

here, and list the duties of the President as defined by the Constitution.

3. Understanding Cause and Effect How hasthe elastic clause helped government tochange with the times?




4. Citizenship Write a job description forone of the following officials: President,chief justice, member of the House orSenate.

Duties

GUIDE TO READING

Duties and Responsibilities of Citizens


SECTION 4

VOTER AT THE POLLS

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Reading StrategyOrganizing Information As you read about citizenship, use a diagram like the one shown here, and list ways inwhich citizens may pay taxes.

Read to Learn . . .★ what major duties come with

citizenship.★ what the responsibilities of American

citizens are.

Terms to Know★ duties★ responsibilities★ toleration

Main IdeaWhile citizens of the United Statesenjoy many rights, they also have certain duties and responsibilities.

Taxes

As citizens of the United States, weare expected to carry out certain dutiesand responsibilities. Duties are things weare required to do; if we fail to performthem, we are subject to legal penalties,such as fines or imprisonment. Responsi-bilities, on the other hand, are things weshould do; they are obligations that wefulfill voluntarily. Fulfilling both ourduties and our responsibilities helpsensure that we have good governmentand that we continue to enjoy our rights.

★ DutiesSome countries require much from

their citizens. In some countries, for exam-ple, citizens must serve in the armedforces for a period of time each year. In

other countries, citizens are required tolive in cities far away from their familiesand friends to work at jobs assigned tothem by the government.

The United States government asksmuch less of its citizens than many othercountries. Nevertheless, the governmentdoes require its citizens to perform the fol-lowing duties.

Obey the LawsThis is a citizen’s most important duty.

If citizens do not obey the law, the gov-ernment cannot maintain order and pro-tect the health, safety, and property of itscitizens. The laws we must obey, includ-ing criminal laws, traffic laws, and locallaws, all have a purpose. Criminal lawsare designed to prevent citizens from


harming one another; traffic laws preventaccidents; and local laws help people getalong with one another.

Pay TaxesTaxes pay for the government’s activi-

ties. Without them, the federal govern-ment could not pay its employees,maintain an army and navy to defend itscitizens, or help those in need. Your citycould not hire police or firefighters, andyour state could not pave roads or main-tain prisons.

Citizens pay taxes in several ways. Thefederal government and some states andcities collect income taxes, a percentageof the wages people receive. Most statesand some cities collect sales taxes. Yourschool district collects taxes on the resi-dential and commercial property withinthe district.

Defend the NationAll men aged 18 and over are required

to register with the government in casethe country needs to draft, or call up, menfor military service. Since the end of theVietnam War, there has been no draft, andAmerican military service has been volun-tary. Nevertheless, the government hasthe authority to use the draft if the coun-try should suddenly have to go to war.

Serve in CourtThe Constitution guarantees every citi-

zen the right to a trial by jury. To ensurethis, every citizen must be prepared toserve on a jury. People can ask to beexcused from jury duty if they have agood reason, but it is better to serve ifpossible. People on trial depend on theirfellow citizens to give a fair and just ver-dict at their trials. Another duty of citi-zens is to serve as witnesses at a trial, ifcalled to do so.

Attend SchoolIn most states, people are required to

attend school until age 16. This is impor-tant both to you and to the government.School is where you acquire much of theknowledge and skills you will need to bea good citizen.

★ ResponsibilitiesThe responsibilities of citizenship are

not as clear-cut as the duties. Becauseresponsibilities are voluntary, people arenot arrested or punished if they do notfulfill these obligations. The quality of ourgovernment and of our lives will dimin-ish, however, if our responsibilities are notcarried out.

Be InformedKeep in mind that government exists

to serve you. Therefore, one of your

� NATURALIZATION Citizensfrom other nations becomeUnited States citizens througha process called naturaliza-

tion. The process takes several years andinvolves many steps. What are the duties of citizenship?

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responsibilities as a citizen is to knowwhat the government is doing and tovoice your opinion about its actions.When the government learns that mostpeople favor or oppose an action, it usu-ally considers their wishes.

VoteVoting is one of American citizens’

most important responsibilities. By vot-ing, people exercise their right of self-government. Voters choose the peoplewho run the government, and in doingso, they give their consent to that gov-ernment. If people do not like the way anelected official is doing the job, it is theirresponsibility to choose someone else forthat job in the next election. Taking theresponsibility to vote ensures that lead-ership is changed in a peaceful, orderlymanner.

Participate in GovernmentAnother responsibility of citizens is to

participate in their community and intheir government. Participating in yourgovernment and community is extremelyimportant.

Think about what your communitywould be like if no one would serve asmayor, or no one would volunteer to fightfires or coach a baseball team, and if noone would ever speak out or do anythingto help solve community problems.

Respect Rights of Others To enjoy your rights to the fullest, you

must be prepared to respect other people’srights as well. For example, if you live in anapartment building, you have an obligationto keep the volume on your radio or televi-sion down so that it does not disturb your

� CIVIC PARTICIPATION There are many ways for people to be responsible citizens.What makes the responsibilities of citizenship different from the duties of citizenship?istory

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neighbors. You also expect them to do thesame for you. Many of our laws have beenenacted to encourage people to respect eachother’s rights. A person who continues toplay a radio or television too loudly can bearrested for disturbing the peace.

Citizens have a responsibility to showthe same respect for public property andfor the property of others. Sometimes peo-ple who would not dream of breaking aneighbor’s window will vandalize theirschool or a city bus because “no one ownsit.” Yet, such public property belongs toall of us, and we all pay if it is stolen ordamaged.

Respect DiversityCitizens have a responsibility to respect

the rights of people with whom they dis-agree. Respecting and accepting others,regardless of their beliefs, practices, orother differences, is called toleration. Itmeans giving people whose ideas you dis-like a chance to express their opinions.Without toleration for the views of others,a real discussion or exchange of ideas isimpossible.

One of America’s great strengths hasalways been the diversity of its people.Immigrants have brought a variety ofreligions, traditions, and lifestyles to thiscountry, and they continue to do so. Ascitizens, we all have a responsibility to

respect the practices and traditions ofothers when they are different from ourown, just as we expect others to respectour traditions.

Checking for Understanding1. Define duties, responsibilities, toleration.

Critical Thinking2. Comparing Re-create the diagram shown

here, and list the major duties and responsi-bilities of American citizens.

3. Evaluating Information Why are citizens’responsibilities to their communities such animportant part of our democratic system?

� CONSTITUTION BICENTENNIAL

One strength of the UnitedStates and its Constitution isrespect for diversity. What

term describes accepting the beliefs of others?

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4. Citizenship Write a letter to the editor ofyour local newspaper expressing youropinion about an issue in your community.

Duties Responsibilities

American Citizens


Using Key VocabularyMatch each item in Column A with the items

in Column B.

Column A1. Preamble 3. federalism2. duties 4. representative democracy

Column Ba. things citizens are required to do

b. decision making through elected officials

c. opening statement of Constitution

d. sharing of powers between national and stategovernments

Reviewing Facts1. Describe how power is divided in the federal

government.

2. Explain the purpose of the electoral collegeand its membership.

3. List the five main principles of American gov-ernment.

Understanding ConceptsCivil Rights and Liberties1. Re-create the chart shown here, and summa-

rize each of the first five amendments of theBill of Rights.

2. How does due process of law protect individ-ual rights?

American Democracy3. Why is an educated population so important

to maintaining the freedoms of a democraticsociety?

4. Why is the principle of checks and balancesimportant to American democracy?

Critical Thinking1. Analyzing Information Review the six goals

for the United States government as they aredescribed in the Preamble to the Constitu-tion. List them in order of importance as youthink they should be carried out. Why didyou select your first listed goal as mostimportant? What goal would you eliminate ifyou had to? Why?

2. Predicting Consequences Suppose the Con-stitution had not provided for amendments.How might the history of our nation havebeen different?

3. Comparing and Contrasting Compare thepowers of the federal government in 1787with the powers of the federal governmenttoday. Would the Framers of the Constitutionapprove of the changes? Why or why not?

Interdisciplinary Activity:Civics

Form a group to write a constitution for yourschool. Begin the document with a preamble thatlists goals for school government. Next divideyour group into smaller committees, each ofwhich writes an article describing one branch ofthe school government. Be certain to list the func-tions of each branch. Meet again as a group toreview and agree upon the articles.

As a group, decide if you think some powersshould be denied to the school government andlist these in another article. Finally, decide if youthink a bill of rights is necessary. If so, list therights you think should be added.

Cooperative

Learning

HANDBOOK ★ ASSESSMENT

Bill of Rights Amendments

1.2.3.4.5.

Citizenship Handbook and United States Constitution Handbook and United States Constitution 279...

Documents

Transcript of Citizenship Handbook and United States Constitution Handbook and United States Constitution 279...