THE LIVING CONSTITUTION* ASSESSMENT

Constitution in your book, page 82

Assessment, page 106

U.S. Constitution

Article 1 – Legislature

National legislature is called Congress Two houses

Senate – equal representation, 2 members from each state

House of Representatives – proportional representation, now for about every 600,000 people (Texas has 35 representatives)

Article 1 – Legislature

1. Why does the legislative branch more directly represent the people?A. Think of how branches are selectedB. Senate is now directly elected, every 6 yearsC. House of Representatives is directly elected – whole House, every 2 years

Article 1 – Legislature

2. Why more Representatives than Senators?Answer – House is proportional, “based on population,” while each state has only 2 senators.

Article 1 – Legislature

3. Name four powers of Congress.Answer – See Section 8 of Article I (page 88) – it lists 18 “enumerated” powers of Congress.List 4.

Tax, borrow money, regulate commerce, coin money, establish post offices, create federal courts, declare war, raise an army, make laws

Article 1 – Legislature

4. What powers are denied to Congress?

Can’t suspend habeas corpus, illegally punish people, levy direct taxes, levy export taxes on goods from any state, take money from treasury illegally, issue titles of nobility (no kings in America)

Denied to states? States cannot enter treaties, coin money, levy import/export taxes, wage war on their own.

Article II – The Executive Branch (President)

The Constitution

Article II - Executive

5. Main function of the executive branch?Answer: To carry out the laws made by CongressAlso – to conduct foreign policyMust follow the Constitution

Article II - Executive

6. Who officially elects the president? ExplainAnswer: The Electoral College selects the president, by vote of the states’ electors (see Article II, section 1, paragraph 2 – page 90)Electors are elected by people in the states

Article II - Executive

7. How can the president lose her/his job before the next election?Answer: Impeachment, as listed in the Constitution.Also – death (which the Constitution anticipated) or resignation (which the Constitution does not mention)Two other ways, in elections: Does not run for re-election, or defeated for re-election

Article III - Judiciary

8. How are Supreme Court Justices appointed?Answer: See Article II, Section 2, “Treaties and Appointments” (page 91)The president nominates federal judges, “with the advice and consent of the Senate”In practice, president nominates, Senate confirms

Note: There are nine Supreme Court justices; they serve for life, or until they retire

Article III - Judiciary

9. What kinds of cases does the Supreme Court hear? Why is their decision to hear a case important?Answer: Generally, they hear appeals of cases from the lower federal courts – a decision not to hear a case means the lower court’s ruling stands, with no further appeal

Article IV – The States

10.Extradition, means to send a prisoner to another state for trial. Why is this an example of state relations?It exemplifies (is a good example of) cooperation among the statesOther ways states cooperate: State compacts on river management; State cooperation on commercial laws

Article V - Amendment

11.How many states does it take to ratify an amendment? Why that many?It takes ¾ of the states (we have 50 states; ¾ is 75%, or 38 states when rounded to the whole number)So many states are required to make amendment difficult, to show the gravity of amendments (gravity=“seriousness” or “importance”)

Article VI - Supremacy

12.How does Article VI establish supremacy of the Constitution?ANSWER: It makes the Constitution “the supreme law of the land”All laws at every level of government must uphold the Constitution

Nota bene: Article VI also contains a ban on religious tests for any office

Amendments

13.Does the First Amendment allow complete freedom of speech, the right to say anything you want, any time, any where? ExplainANSWER: No, there are limits – you can’t yell “FIRE!” in a crowded theatre, for example, because that causes panic and people could die. We do not have the right to slander or libel freely, either

Amendments

14.What is the newest amendment? What protection does it give to the American people?ANSWER: The 27th Amendment is the latest amendment; it prevents members of Congress from using taxpayers’ money for their own gain

A few further notes on Amendments

The Constitution

Civil War Amendments

Amendment 13 – abolishes slavery Amendment 14 – Civil Rights –

expands rights of citizens to everyone native or natural born, including rights against states; expands due process rights

Amendment 15 – Expands protection of right to vote to all citizens regardless of race, color, or “previous condition of servitude” (slavery)

Prohibition and repeal

18th Amendment gave states the right to ban the manufacture and sale of liquor and alcoholic beverages – ratified in 1919

21st Amendment repealed Prohibition, repealed the 18th Amendment, December 5, 1933

This is the only amendment to have been repealed

Women’s Suffrage (Right to Vote) 19th Amendment says no state nor

the federal government may prohibit women from voting because they are women

Note “suffrage” means “right to vote,” and has nothing at all to do with suffering

THE LIVING CONSTITUTION* ASSESSMENT

The end. Thank you