The United States Constitution

(2nd attempt by the 13 United States of America)

New and Improved !!!

•Written in 1787•Ratified in 1789

•Amended in 1791

Created by Mr. Steve Hauprich for acceleration and remediation of US History students

The Articles of Confederation was the 1st US Constitution

Preamble Article I - Style

Article II - States Rights Article III - Mutual defense

Article IV - Laws of other states to be abided; extradition Article V - The Legislature

Article VI - Rights denied the States Article VII - Appointment of military officers

Article VIII - United States to pay for defense; taxes Article IX - Rights granted the Federal Government

Article X - Committee of States Article XI - Canada may join the United States

Article XII - Assumption of debt Article XIII - Articles are Supreme Law, amendment

Conclusion Signatories

The US Constitution would be the 2nd

US ConstitutionPreamble

Article I - The Legislative Branch Section 1 - The Legislature

Section 2 - The House Section 3 - The Senate

Section 4 - Elections, Meetings Section 5 - Membership, Rules, Journals, Adjournment

Section 6 - Compensation Section 7 - Revenue Bills, Legislative Process, Presidential Veto

Section 8 - Powers of Congress Section 9 - Limits on Congress

Section 10 - Powers prohibited of States

Article II - The Executive Branch Section 1 - The President

Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments Section 3 - State of the Union, Convening Congress

Section 4 - Disqualification

Article III - The Judicial Branch Section 1 - Judicial Powers

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

Section 3 - Treason

Article IV - The States Section 1 - Each State to Honor all others

Section 2 - State citizens, Extradition Section 3 - New States

Section 4 - Republican government

Article V - Amendment Article VI - The United States

Article VII - Ratification Signatories

Why change from the original Constitution to theNew and Improved ?

Financial Reasons!!!

Why change to new Constitution?

Alexander Hamiltonwas persuasive in 1786-1787advocating change.

Why change to a new Constitution?

…Angry citizens…

… Shay’s Rebellion……it seemed the chaos and confusion of…

…weak governments…

…states deeply in debt …

…uncertainty about thevalue of paper and property…

…was leading to violence,rioting, and paranoia…

…Hamilton, Washington,Franklin, Madison, etc… decided to meet in Philadelphia

The basic plan was to modify to an improvedFederal Government…replacing the “old” Articles

The Preamble of thenew US Constitutionexplained the purposeof the document.

1st the powers of Congress would have to beimproved (increased)

Next a Chief Executive / Commander in Chief positionwould be created to help lead and protect the country

George Washington seemedthe type of person with the rightcharacter to fill this position.

The 3rd modification needed was to create anational JUDICIAL Branch…the US Supreme Court

This 3rd branch would help to balance the power of governmentwith the all important safety, rights, and happiness of the people.

The Founding Fathers were incorporating the best ofEnlightenment ideas into their new framework for a republic.

The 4th area of concern was making sure the individual States would cooperatewith each other and the new US Govt.

Articles of Confederation

Article 2…Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right,

which is not by this Confederation

expressly delegated to the United States,

in Congress assembled.

The United States Constitution

Article 4…Article IV - The States Section 1 - Each State to Honor all others Section 2 - State citizens, Extradition Section 3 - New States Section 4 - Republican government

States would continueto be related to each otherin the new US Government

The 5th area of concern was Amendingi.e. changing the US Constitution when the need should arise…

…no less than 2/3 ofboth houses of Congress

…no less than ¾ of the States would need to consent to

new Amendments

…the ability to change was very important

The 6th Article would declare the US Constitution…the Supreme Law of the Land…

The 7th Article declared 9 of the 13 states were needed to ratify the new Constitution

North Carolina and Rhode Islandwere the last two states to ratify…

Rhode Island didn’t even attend theConstitutional Convention in 1787

Although there were many compromises involved to pleaseconcerns of small states and slave owners…

the 1787 Constitutional Convention created a potential masterpiece.

Federalists and Anti-Federalistswould debate the old and new Constitutions…

The result was ratification of thenew US Constitution… 1789

with the ratification of the 1st 10 Amendmentsthe Bill of Rights … 1791

Jefferson wonthe confidence of the opposition…although he was notan Anti-Federalist.

Hamilton wasthe motivatorof the Federalists…campaigning forratification.

Anti-Federalists were generally concerned about the potential power of the new US Government…and especially concerned about the

lack of a Bill of Rights.

Sam Adams…

Leader of the Boston Tea Party

Signer of the Declaration of Independence

Patrick Henry…

Firebrand of the American Revolution

Governor of the State of Virginia

Federalists eventually prevailed using logic,propaganda, and star power.

Anti-Federalist sentiments were so strongthat Federalist James Madison sponsored

the Bill of Rights soon added to the US Constitution in 1791.

Amendments # 1-10

1. Free speech, press, religion, assembly, petition2. Right to bear arms and form militias for defense

3. No soldiers can take over your house in times of peace4. Freedom from unwarranted search and seizure by government

5. Right to Due Process, property protection, cross examine witnesses,accused defendants may remain silent, no double jeopardy

6. Right to a fair and speedy trial by jury, right to have legal counsel7. Civil trials also have the right to a fair and impartial jury

8. No cruel or unusual punishment, no excessive bail9. People have rights not listed in the Constitution

10. Powers reserved to the States and People

The new US Constitution with a Bill of Rights was a winning combination of government strength

and protection for individual rights…

The 1780’s also has a legacy of the women writerswho supported revolution and debated

governmental power.

Mercy Otis Warren

Abigail Adams

Phyllis Wheatley

For many who fought in the American Revolution andmade great sacrifices for Liberty, the Constitution

did not offer full participation in government.

The 1780’s were turbulent years that resulted inthe establishment of a stronger

Central Governmentuniting STATES

and PEOPLE…E Pluribus Unum…

…protecting rights of minorities…

…promoting free speech…

…encouraging enterprise…

…fostering positive change…

The possibilities for changeand a better world still areguided by the US Constitution.

Ultimately… the new Constitution openedthe doors for full participation of all

willing citizens.

Field Trip

___1. The Articles of Confederation and the United States Constitution aresimilar in that both provide for

1 a lawmaking body2 a system of Federal taxation

3 an elected chief executive4 the power of judicial review

__2. One difference between the Constitution and the Articles of Confederation is that the Constitution

1 created separate, independent branches of government2 granted greater power to the States than to the Federal Government

3 granted more authority to the Chief Executive than to the national legislature4 reduced the power of the Federal courts

__3. The United States Constitution attempted to solve a major problem thatexisted under the Articles of Confederation by providing for

1 Federal control of interstate commerce2 the direct election of the President by the people

3 stronger state governments4 a balanced Federal budget

__4. To address the weaknesses of the Articles of Confederation, delegates at the Constitutional Convention agreed to

(1) eliminate the slave trade(2) increase the powers of the central government

(3) decrease the number of states(4) allow states to set tariff rates

"We, the people of the United States, in order to form a more perfect union, establish justice, . . . and secure the blessings of liberty . . . do ordain and establish

this Constitution for the United States of America."

 - Preamble to the United States Constitution

___5. This quotation from the Preamble illustrates the constitutional principlethat people

1 have a right to a trial by jury2 are guaranteed an adequate standard of living

3 are the true source of political power4 have the right to assemble

__6. At the Constitutional Convention of 1787, a major obstacle to drafting anew constitution was the

1 disagreement between the states over representation in Congress2 controversy over the separation between church and state3 delegates' lack of talent and lack of government experience

4 hostility of the Federalists

__7. By establishing a two-house legislature, the framers of the United States

Constitution agreed to a compromise on the issue of

1 control of interstate commerce2 civilian control of the military

3 limits on the power of the President4 representation in Congress

__8. The purpose of the Three-fifths Compromise, which was adopted by theConstitutional Convention of 1787, was to

1 balance power between states with large populations and those withsmaller populations

2 provide a means of deciding disputed Presidential elections3 allow Congress to override a Presidential veto of an act passed by both Houses

4 reduce the fear of loss of representation by Southern States with large slave populations

__9. The writers of the United States Constitution created a federal form ofgovernment primarily to

(1) limit the powers of the Senate(2) develop a criminal justice system

(3) provide for civilian control over the military(4) divide power between levels of government

“. . . it is the opinion of this committee that a national government ought to be established consisting of a Supreme Legislature,

Judiciary, and Executive. . . .”

— Resolution submitted by Edmund Randolph, delegate to the Constitutional Convention, 1787

__10. In adopting this resolution, the framers of the Constitution showed

their belief in the idea of

(1) judicial review(2) an elastic clause

(3) States rights(4) separation of powers

"The accumulation of all powers, legislative, executive, and judicial, in the same hands ...may justly be pronounced the very definition of tyranny.“

__11. The writers of the United States Constitution intended to prevent the situation described in this quotation by

1 developing a system of checks and balances2 relying on an electoral college3 establishing political parties

4 including the implied powers clause

___12. The Supreme Court has the power to

(1) control the federal budget(2) vote to end a tie in the Senate

(3) approve presidential appointments(4) interpret the Constitution

___13. Which newspaper headline shows the operation of the system of checks and balances?

(1) “Senate Rejects President’s Choice of Supreme Court Justice”(2) “Florida To Gain Two Seats in the United States House of

Representatives”(3) “Albany County Receives $4 Million from Congress for

Transportation Development”(4) “New York State Rejects Federal Regulations on Drug Testing”

__14. Separation of powers and federalism are constitutional principles that

1 establish limits on the powers of government2 ensure legislative and executive equality

3 increase the power of the national government and decrease the power of the states

4 settle conflicts between state and national authorities

__15. A system of checks and balances was included in the United States Constitution because the authors were concerned about

(1) one branch of government becoming too strong(2) the states having too much power

(3) the people having a voice in government(4) the military gaining control of the United States

__16. The purpose of adding the Bill of Rights to the United States Constitutionwas to

1 assure the end of slavery2 strengthen the power of the Federal Government

3 allow the adoption of new amendments4 protect the people from abuse by the Federal Government

__17. Those who supported the ratification of the United States Constitution promised to add a bill of rights in order to

1 encourage economic development2 prevent the return of English control over the new nation

3 increase the power of the National Government over the states4 persuade the anti-Federalists to accept the Constitution

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the

people." - United States Constitution, 10th amendment

___18. Which principle of government is expressed in this amendment?

1 The states have only those powers that are listed in the Constitution.2 Congress decides which powers the states can exercise.3 Congress has the power to pass any law that it wishes.

4 The powers of the National Government are limited.

___19. Under the United States Constitution, the states are given the power to

1 issue paper money2 provide for education

3 negotiate treaties with foreign nations4 regulate interstate commerce

___20. Which power is shared by the federal government and the New York

State government?

(1) enacting immigration laws(2) levying taxes

(3) granting patents and copyrights(4) issuing passports

___21. New York State and the United States have republican forms of government because both have

(1) a bill of rights(2) a written constitution(3) an elected legislature

(4) three branches of government

___22. The Federalist Papers were published in 1787 and 1788 to help gain support for

(1) a bill of rights(2) the ratification of the Constitution

(3) a weaker central government(4) the abolition of slavery and the slave trade

___23. Which statement from the United States Constitution is referred to as the elastic clause?

(1) “All legislative powers herein granted shall be vested in a Congress of the United States. . . . ”

(2) “Congress shall make no law respecting an establishment of religion. . . . ”(3) “All bills for raising revenue shall originate in the House of Representatives. . . . ”

(4) “Congress shall have power . . . to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. . . . ”

___24. During the ratification debates of 1788 to 1791,the activities of theAnti-federalists led to the

1 drafting of the Declaration of Independence2 strengthening of the Articles of Confederation

3 adoption of the Northwest Ordinance4 addition of the Bill of Rights to the Constitution

___25. The framers of the United States Constitution showed the strongest commitment to democratic principles in their decisions regarding the

1 method for choosing members of the Cabinet2 election of members of the House of Representatives

3 election of Senators4 selection of Supreme Court justices

“. . . Now, one of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet,

he is as well guarded as a prince in his castle. . . .” James Otis, Against the Writs of Assistance, 1761

___26. Which provision in the Bill of Rights includes this same belief?

(1) right to a fair trial(2) protection against unreasonable search and seizure

(3) guarantee against double jeopardy(4) prohibition of cruel and unusual punishment

___27. The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to

(1) protect freedom of expression(2) assure that laws are properly enacted

(3) ensure fair treatment for those accused of crimes(4) provide for judicial review of laws

___28. The Declaration of Independence and the Bill of Rights are similar in that both

(1) support a federal system of government(2) maintain the importance of a strong chief executive

(3) provide for a system of checks and balances(4) support limitations on governmental power

__29. What has been the most frequent criticism of the electoral college system?

1 An excessive number of third-party candidates have been encouraged to run for office.

2 Electors frequently ignore the vote of the people.3 The person who wins the popular vote has not always been

chosen as President.4 The electors are not chosen by political parties.

__30. Which action illustrates the president’s power as commander in chief ?

(1) ordering American troops into a foreign country(2) appointing the secretary of state

(3) entertaining a foreign leader at the White House(4) delivering the State of the Union address

___31. The requirement to conduct a census was included in the United StatesConstitution to

(1) control the numbers of immigrants(2) determine income tax rates

(3) determine the number of members from each state in the House of Representatives

(4) record the birth and death rates of the population

• Alien and Sedition Acts•Virginia and Kentucky Resolutions

___32. These pieces of legislation reflected the conflict between

(1) Congress and the president(2) states’ rights and federal supremacy

(3) the military and the civilian government(4) the United States Supreme Court and state courts

___33. As a strict constructionist, President Thomas Jefferson questioned theconstitutional right to

(1) receive diplomats from foreign nations(2) purchase the Louisiana Territory

(3) grant pardons to convicted criminals(4) veto legislation passed by Congress

__35. Conflicts between Jeffersonians and Hamiltonians during President George Washington’s first administration led directly to the

(1) end of the Era of Good Feelings(2) decision to replace the Articles of Confederation(3) addition of the elastic clause to the Constitution

(4) start of the first political parties

__34. The implied powers suggested by the United States Constitution show that the writers recognized the

(I) powers of government needed to be able to adapt to change(2) rights of the states had to be protected

(3) powers of the Supreme Court needed to be checked(4) rights of the citizens were the first concern of government

___37. Which proposal was included in Secretary of the Treasury

Alexander Hamilton’s financial plans in the 1790s?

(1) incentives to encourage agricultural expansion(2) creation of a national bank

(3) direct taxes on the states to support governmentoperations

(4) free trade with other nations

___36. Alexander Hamilton urged Congress to pass a protective tariff to Encourage the growth of

(1) labor unions (2) manufacturing (3) agriculture  (4) slavery

__38. Alexander Hamilton’s financial plan helped to establish the credit ofthe United States government by

(1) providing for the payment of the nation’s debts(2) taxing only the people most able to pay

(3) favoring agriculture over industry(4) encouraging spending for national defense

__39. Most historians consider Alexander Hamilton to have been a successfulSecretary of the Treasury because he

(1) expanded trade with all nations(2) established a sound financial plan for the new nation

(3) eliminated tariffs between the states(4) opposed payment of previous federal government debts

__40. President Thomas Jefferson used the implied powers of the Constitution when he

1 expressed support for States rights2 purchased the Louisiana Territory

3 started the Republican Party4 founded the University of Virginia

__41. When President Thomas Jefferson acquired the Louisiana Territory from France, he demonstrated that he had modified his belief that

(1) the Constitution should be strictly interpreted(2) the federal government should limit individual rights

(3) adding territory would lead to regional rivalries(4) commercial development was the main goal of the federal

government

__42. Soon after the United States Constitution was adopted, disagreement

arose over the proper role of government in the economy. These disagreements led to the development of the first

1 corporations2 political parties3 Cabinet offices

4 civil rights movements

__43. What is an example of the "unwritten constitution" in the United States?

1 system of political parties2 operation of checks and balances3 guarantee of freedom of religion

4 sharing of power between state and national governments

__45. The main political function of lobbyists for special interest groups is to

1 influence public officials to support or oppose specific programs2 provide a source of unbiased information for legislators

3 nominate candidates for elective offices4 simplify the process of developing and passing laws

__44. Which aspect of the Presidency is part of the unwritten constitution?

1 consultation with members of the Cabinet2 election under the electoral college system

3 role as Commander in Chief4 duty to inform Congress about the state of the Union

___46. Which role of the president is considered part of the unwritten constitution?

(1) nominating federal judges

(2) signing or vetoing legislation(3) acting as the leader of his political party

(4) serving as commander in chief of the armed forces

                                             

___47. What is the main idea of this cartoon?

1 Wealthy persons should be discouraged from running for public  office.2 Efforts to limit political contributions from special interest groups  are not successful.3 Special interest groups from foreign nations have too much  influence on American politics.4 Placing limits on terms in office for elected officials would solve  campaign funding problems

                                                

___48. What is the main idea of this cartoon?

(1) Americans fail to adequately support the expenses of political candidates.(2) Campaign advertising has no influence on voter turnout.(3) Campaign costs are a major cause of the national debt.(4) High campaign costs negatively affect the political process.

__50. Which action would be necessary to place a legal limit on the number of terms served by members of Congress?

1 an amendment to the Federal Constitution2 a United States Supreme Court ruling

3 an agreement between political parties4 a Presidential order

__49. The amendment process was included in the United States Constitution in order to

(1) remove government officials from political office(2) check the power of the Supreme Court

(3) allow government to meet the changing needs of society(4) preserve the federal system of government

__51. The change to the direct election of senators, the lowering of the voting age to eighteen, and the establishment of a two-term limit for presidents

are all examples of the use of

(1) judicial review(2) checks and balances(3) executive privilege

(4) the amendment process

___52. One reason the United States Constitution is considered a flexible document is that it

(1) can be rewritten every ten years

(2) allows for the creation of a multiparty political system(3) gives the states the power to change federal laws

(4) includes the elastic clause

"The Constitution is as the Supreme Court interprets it." - President Dwight D. Eisenhower

___53. Which constitutional principle does this quotation best describe?

1 judicial review          3 federalism2 reserved powers       4 concurrent powers

__54. The Supreme Court has ruled that burning the United States flag is a form of protest protected by the first amendment. Which action would be

necessary to overturn this ruling?

1 issue of an Executive order by the President2 passage of a law by Congress

3 ratification of an amendment to the Constitution4 adoption of a formal resolution by each state's legislature