Module 4

The U.S. Constitution

Essential Question
What are the most enduring ideas in the Constitution?

About the Painting: This painting, In this module you will examine domestic challenges the new nation
Washington as Statesman at the faced forming its government. You will also take a close look at the U.S.
Constitutional Convention by Junius Brutus Constitution.
Stearns, depicts George Washington
addressing delegates at the Constitutional What You Will Learn . . .
Convention. Lesson 1: The Articles of Confederation. . . . . . . . . . . . . . . . . . 144
The Big Idea Americans adopted the Articles of Confederation but
found the new government too weak to solve the nation’s problems.
Lesson 2: Drafting the Constitution . . . . . . . . . . . . . . . . . . . . 154
Explore ONLINE! The Big Idea At the Philadelphia convention in 1787, delegates
VIDEOS, including... rejected the Articles of Confederation and created a new constitution.
• Shays’s Rebellion: America’s Lesson 3: Ratifying the Constitution. . . . . . . . . . . . . . . . . . . . 160
First Civil War The Big Idea During the debate on the Constitution, the Federalists
promised to add a bill of rights in order to get the Constitution
• The Roman Republic Is Born ratified.
• Shays’s Rebellion The Constitution of the United States. . . . . . . . . . . . . . . . . . . 168
• America Gets a Constitution

Document-Based Investigations
Graphic Organizers
Interactive Games
Carousel: Political Precedents
Image with Text Slider: Examples of
Ideas in The Federalist

142 Module 4
 Timeline of Events 1780–1789 Explore ONLINE!

United States Events 1780

World Events

1781 The Articles of Confederation, which John 1781 Joseph II allows religious toleration in Austria.
Dickinson helped write five years earlier, go into effect.

1782 Rama I founds a new

dynasty in Siam, with Bangkok
as the capital.

1783 Russia annexes the Crimean Peninsula.

1783 The Treaty of Paris at the end
of the Revolutionary War recognizes 1783 Ludwig van Beethoven’s first works are published.
United States’ independence.

1784 Russians found colony in Alaska.

1784 Spain closes the Mississippi River to U.S. commerce.

1785 New York State outlaws slavery.

1785 Jean-Pierre Blanchard and
John Jeffries cross the English
1785 The Treaty of Hopewell concerning Channel in a balloon.
Native American lands is signed.
1786 Daniel Shays leads a rebellion of
farmers in Massachusetts.
1786 The Annapolis Convention is held. 1786 Charles Cornwallis becomes
governor-general of India.
1786 The Virginia legislature guarantees religious
freedom.
1787 Sierra Leone in Africa becomes a
haven for freed American slaves.
1787 The Northwest Ordinance is passed.

1787 War breaks out between Turkey and Russia.

1788 Austria declares war on Turkey.

1788 The Constitution, which
James Madison helped write at the 1788 Bread riots erupt in France.
Pennsylvania State House, is ratified.

1789

The U.S. Constitution 143

 Lesson 1

The Articles of Confederation

One American’s Story

The Big Idea
Although John Dickinson had once opposed American indepen-
Americans adopted the Articles
dence, he later worked hard to help create a government for the
of Confederation but found the
new United States. In 1779 John Dickinson returned to the Continen-
new government too weak to
solve the nation’s problems. tal Congress as a delegate from Delaware. At that time he explained
the principles that guided his political decisions.
Why It Matters Now
The reaction to the weak Articles
of Confederation led to a stron- “Two rules I have laid down
ger central government that has for myself throughout this
continued to expand its power. contest . . . first, on all occa-
Key Terms and People sions where I am called
upon, as a trustee for my
republic
countrymen, to deliberate
republicanism
on questions important to
Articles of Confederation their happiness, disdaining
confederation all personal advantages to be
Land Ordinance of 1785 derived from a suppression of
Northwest Ordinance of 1787 my real sentiments . . .
openly to avow [declare]
them; and, secondly, . . .
whenever the public resolu-
tions are taken, to regard John Dickinson
them though opposite to my
opinion, as sacred . . . and to join in supporting them as ear-
nestly as if my voice had been given for them.”
—John Dickinson, quoted in The Life and Times of John Dickinson, 1732–1808

Dickinson’s two rules became guiding principles for the leaders

who faced the formidable task of starting a new nation.

144 Module 4
 Americans Debate Republicanism
The task of creating a new government posed a great challenge. Among many
other issues, the relationship between the new states and the national gov-
ernment was difficult to define. The debate over the nature of the new gov-
ernment of the United States would consume the political energies of the new
nation.
COLONIES BECOME STATES British settlers in North America had founded
not one colony but many, each with its own governor, council, and colonial
assembly. This system of distinct, self-governing colonies encouraged people
to think of the colony as the primary political unit. Because of this, most
people’s allegiance was to the colony in which they lived. The Revolutionary
War gave the colonies a common goal. But as these colonies became states,
they remained reluctant to unite under a strong central government. The
challenge was to develop a system of government that balanced the interests
of the several states with those of the nation.
UNITY THROUGH A REPUBLIC Most 18th-century Americans believed
that a democracy, or government directly by the people, placed too
much power in the hands of the uneducated masses. Therefore, they
favored a republic—a government in which citizens rule through their
elected representatives. However, republicanism, the idea that govern-
ments should be based on the consent of the people (which should not
be confused with the republicanism of the modern-day political party),
meant different things to different Americans.
This early flag has 13
stars representing the Some, like John Dickinson, believed that a republic required a virtuous
original 13 colonies. people. The new government could only succeed, they argued, if people placed
the good of the nation above their personal interests.
Background Other Americans, influenced by the writings of the Enlightenment philoso-
In An Inquiry into the pher and economist Adam Smith, believed that a republic would benefit from
Nature and Causes self-interest. They asserted that if a government allowed independent citizens
of the Wealth of
Nations, Adam Smith to pursue their own economic and political interests, the whole nation would
(1723–1790) argued benefit.
that social order
and progress were STATE CONSTITUTIONS As the states created their own constitutions, they
the natural result of wrestled with how to put republican ideals into practice. Many state constitu-
individualism and
self-interest. tions shared certain similarities. They limited the powers of government lead-
ers. They guaranteed specific rights for citizens, including freedom of speech,
religion, and the press. In general, state constitutions emphasized liberty
rather than equality and reflected a fear of centralized authority.
At the same time, state constitutions differed widely in granting the right
to vote. Although the new states were more democratic than any Western
nation at this time, it was still only a very limited democracy by modern
standards. African Americans were generally not allowed to vote. Some states
granted voting rights to all white males. Other states, like Maryland, contin-
ued to make property ownership a requirement for voting.
Despite the more active political role that women had played during the
Revolution, they were still denied the right to vote in most states. However,

The U.S. Constitution 145

 New Jersey gave voting rights to all free property owners but neglected to
specify males. Consequently, some New Jersey women gained the right to
vote—at least until 1807. In that year, this right was revoked.
POLITICAL PRECEDENTS In a world where kings still governed most
nations, there were few political systems that could serve as models for
the new republic. The nation’s founders searched history for political
precedents for the new government. In the previous century, the English
had established a short-lived republic after the execution of King Charles
I. During the Middle Ages, Italian cities such as Florence, Pisa, Genoa, and
Venice had become self-governing city-states. Swiss communities also
had resisted royal control, forming alliances that developed into the Swiss
Confederation. In ancient times, republics and various democratic systems
had existed in Greece and in Rome. However, none of these models could
be adapted easily to the political situation of the new United States, with
its need to balance the concerns of state and national governments.
The new United States also needed to make decisions about participa-
Reading Check tory citizenship, or how average people would participate in their govern-
Compare What ment. Citizens’ involvement can include voting, volunteering for military
relics of the colonial
and social service, attending community meetings, joining political par-
period survived in
the new system of ties, and many other actions. Participatory citizenship is necessary to a
government? successful democratic republic.

Political Precedents

Athens and Rome The English Commonwealth

In the 1700s American leaders revered the political In the mid-1600s the English Parliament executed
achievements of ancient Athens and Rome. the king and established a republic, which
The Greek city of Athens was acknowledged lasted from 1649 to 1660. Oliver Cromwell and
as the birthplace of democracy. The Romans later his son Richard controlled this republic,
were admired for overthrowing monarchy called the Commonwealth and Protectorate. The
and establishing a republic. However, Greek Commonwealth was continually threatened by
democracy, like the democracy of the New anarchy and bad leadership and did not long
England town meeting, was workable only at a survive Cromwell’s death. The failure of the English
local level. It was the democracy of a city, not of Commonwealth must have haunted American
a huge nation. Neither Greek democracy nor the political leaders as they planned the government
Roman republic had endured. of their republic.

Engraving of the ancient Roman Senate The execution of King Charles I

146 Module 4
 The Continental Congress Debates
While the states developed their individual constitutions, the Continental
Congress tried to draft one for the states as a whole. However, there was
much disagreement over the role of the national government. The del-
egates had to answer three basic questions.
REPRESENTATION BY POPULATION OR BY STATE? Although the states
were equal as political entities, they were unequal in size, wealth, and pop-
ulation. These differences posed a serious dilemma. Should delegates to
a new government represent people or states? Should each state elect the
same number of representatives regardless of its population? Or should
states with large populations have more representatives than states with
small populations?
For the time being, the members of the Continental Congress saw
themselves as representing independent states. As a result, they made the
decision that each state would have one vote regardless of population.
SUPREME POWER: CAN IT BE DIVIDED? Until this time, most people
assumed that a government could not share supreme power with smaller
administrative units, such as provinces or states. However, the Congress
proposed a new type of government in a set of laws called the Articles of
Confederation—one in which two levels of government shared funda-
mental powers. State governments were supreme in some matters, while
the national government was supreme in others. The delegates called this
new form of government a confederation, or alliance.
For more than a year, the Congress debated whether to adopt the Arti-
cles of Confederation, formally adopting them in 1777. The Articles of
Confederation gave the new national government power to declare war,
make peace, and sign treaties. It could borrow money, set standards for
coins and for weights and measures, establish a postal service, and deal
with Native American peoples. The Articles, however, created no separate
executive department to carry out and enforce the acts of Congress and no
national court system to interpret the meaning of laws.

Document-Based Investigation Historical Source

A View of the New Government

Here is John Dickinson’s description of an ideal American government:

“Let our government be like that of the solar system. Let the general government be like the sun and
the states the planets, repelled yet attracted, and the whole moving regularly and harmoniously in
their several orbits.”
—John Dickinson, from The Records of the Federal Convention of 1787

Analyze Historical Sources

How does Dickinson’s view of the new government reflect Enlightenment ideals?

The U.S. Constitution 147

 ANOTHER PERSPECTIVE
John Baptist de Coigne “Order your people to be just. They are always trying
to get our lands. They come on our lands, they hunt
John Baptist de Coigne, a Kaskaskia chief, was on them; kill our game and kill us. Keep them on one
among a group of Indians from the Northwest side of the line, and us on the other. Listen, my father,
Territory who met with leaders of the U.S. to what we say, and protect the nations of the Wabash
government in 1793. He expressed the Native and the Mississippi in their lands.”
American view of the westward expansion of
white settlers during the previous ten years:

WESTERN LANDS: WHO GETS THEM? By 1779, 12 states had agreed to

accept the new government. But conflict over western lands delayed final
approval for two more years. Some states had claims to lands west of the
Appalachian Mountains. Maryland, which had no such claims, feared that
states with land claims would expand and overpower smaller states. It
refused to approve the Articles until all states turned over their western
lands to the United States. Consequently, the landed states gave up their
western claims. Then with Maryland’s approval, the Articles of Confedera­
tion went into effect in March 1781.
GOVERNING THE WESTERN LANDS The Confederation Congress then faced
the question of how to govern the public lands west of the Appalachians and
north of the Ohio River—the Northwest Territory. This area offered rich
land for settlers.
Congress passed the Land Ordinance of 1785, which established a plan
for surveying the land. This law changed the landscape of the Northwest Ter­
ritory. As the United States expanded farther west, the same regular grid was
used in other territories. This model ended many boundary disputes.
Years later, when the Northwest Territory became states, the square
townships that were originally designated in the Land Ordinance of 1785
remained. Many of these townships still exist today in midwestern states.
In the Northwest Ordinance of 1787, Congress provided a procedure for
dividing the land into territories. The law promised settlers religious free­
dom and barred slavery from the area. A single governor was put in charge of
the Northwest Territory, even though the law said that it could later become
three to five states. Eventually, the Northwest Territory did become the
states of Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota.
The Northwest Ordinance set requirements for the admission of new
states. However, these requirements mostly overlooked Native American
land claims. There were three basic stages for becoming a state:
1. Congress would appoint a territorial governor and judges.
2. When a territory had 5,000 voting residents, the settlers could write a
temporary constitution and elect their own government.
3. When the total population of a territory reached 60,000 free inhabi­
tants, the settlers could write a state constitution, which Congress had
to approve before it granted statehood.

148 Module 4
 The Northwest Ordinance also required that public education be pro-
Reading Check
Contrast What was vided in the new states. This was one of the first laws to establish federal
the basic difference aid for education in the United States.
between the Land
Ordinance of 1785
The Land Ordinance of 1785 and the Northwest Ordinance of 1787 had
and the Northwest a huge impact. These laws established a blueprint for future growth of the
Ordinance of 1787? nation and set precedents for government.

The Confederation Encounters Problems

After its success in dealing with the Northwest Territory, the Confedera-
tion encountered overwhelming problems in dealing with more immediate
issues. These problems ranged from economic issues, such as taxation and
the national debt, to political issues, such as the nature of congressional
representation. In addition to these domestic issues, there were also many
foreign-relations problems that the Confederation was powerless to solve.
POLITICAL AND ECONOMIC PROBLEMS The most serious problem was
that the country under the Confederation lacked national unity. Each state
functioned independently by pursuing its own interests rather than those
of the nation as a whole. In addition, the Confederation didn’t recognize
the differences in population among the states. Each state, regardless of
its population, had only one vote in Congress. Thus, the political power of
Georgia, with a population of 23,375 in 1770, was equal to that of Massa-
chusetts, with a population of 235,308. Furthermore, the Articles could not
be amended without the consent of every state. A single state could stall
the amendment process. Therefore, changes in government were difficult
to achieve.
The most serious economic problem was the huge debt that Congress had
amassed during the Revolutionary War. The war had cost the nation $190

The colonies and the states issued

currency, such as this early example from
Connecticut.

The U.S. Constitution 149

 Weaknesses of the Articles of Confederation
• Congress could not enact and collect taxes.
• Congress could not regulate interstate or foreign trade.
• Regardless of population, each state had only one vote in Congress.
• Two-thirds majority—9 out of 13 states—needed to agree to pass any law.
• Articles could be amended only if all states approved.
• There was no executive branch to enforce the laws of Congress.
• There was no national court system to settle legal disputes.
• There were 13 separate states that lacked national unity.

Interpret Tables
1. How many states’ votes were needed to approve changes in the
Articles of Confederation?
2. Why did the listed weaknesses lead to an ineffective government?

million—a huge amount of money in those days. The Continental Congress

had borrowed from foreign countries and had printed its own paper money.
After the war, Continental currency became worthless.
Lacking the power to tax, Congress requested the states’ approval to
impose a tariff, or tax on imported goods. It planned to use the revenue to
repay foreign loans. However, one state, Rhode Island, rejected the proposed
tax, so it was not adopted. Unable to impose taxes, the Confederation Con-
gress also had no control over interstate or foreign trade.
BORROWERS VERSUS LENDERS Another problem the debt from the
Revolution caused was the struggle between creditors (lenders of money)
and debtors (borrowers of money). After the war, wealthy people who had
lent money to the states favored high taxes so that the states would be able
to pay them back. However, high taxes sent many farmers into debt. When a
creditor sued a farmer in court for repayment and won the case, the govern-
ment seized the farmer’s land and animals and sold them at auction.
Debtors and creditors also disagreed over the usefulness of paper money.
Debtors wanted to increase the supply of money to lessen its value and
enable them to pay off their debts with cheap currency. Creditors, in con-
trast, wanted to keep the supply of money low so that it would keep its full
value. Both groups had much to lose.
FOREIGN-RELATIONS PROBLEMS The lack of support from states for
national concerns led to foreign-relations problems for Congress. First, since
the United States could not repay its debts to British merchants and would
not compensate Loyalists for property losses suffered during the Revolution-
ary War, Britain refused to evacuate its military forts on the Great Lakes.
Furthermore, Spain’s presence on the borders of the United States posed
another threat to westward expansion. In 1784 Spain closed the Mississippi
River to American navigation. This action meant western farmers could not

150 Module 4
 ship their crops to eastern markets through New Orleans. Though north-
erners were willing to give up navigation rights on the Mississippi in
exchange for more profitable trade concessions, westerners and southern-
ers insisted on access to the Mississippi. However, Congress was too weak
to resolve either of these challenges by Spain and Britain.
John Jay, president of the Continental Congress and part of the commit-
tee sent to negotiate peace with Great Britain, had grave misgivings about
the Articles of Confederation.

“To oppose popular prejudices, to censure the proceedings, and expose

the improprieties [wrongdoing] of states is an unpleasant task, but
it must be done. Our affairs seem to lead to some crisis, some revolu-
tion. . . . [W]e are going and doing wrong, and therefore I look for-
ward to evils and calamities. . . .”
—John Jay, from a letter to George Washington, June 27, 1786

The problems Congress encountered in dealing with foreign nations

Reading Check
Identify Problems revealed the basic weaknesses of the Confederation government. Ameri-
What weakness in cans’ fear of giving the national government too much power had resulted
the Confederation was in a government that lacked sufficient power to deal with the nation’s
highlighted
by the actions of problems. The forthcoming Constitutional Convention would change all
Rhode Island? of this.

Lesson 1 Assessment
1. Organize Information Use a web diagram to describe 3. Predict Do you think that the United States would
the powers given to the national government by the have become a world power if the Articles of
Articles of Confederation. Confederation had remained the basis of government?
Explain the reasons for your opinion.
Articles of Confederation Think About:
• the power that the Articles gave the states
National Government • foreign affairs and the Confederation Congress
• the Confederation Congress’s taxation powers
war and financial Native 4. Analyze Issues Why were the states afraid of
defense matters Americans
centralized authority and a strong national
government?
2. Key Terms and People For each key term in the 5. Identify Problems What was the main problem with
lesson, write a sentence explaining its significance. the system of representation by state (rather than by
population) that the Confederation adopted?

The U.S. Constitution 151

GEOGRAPHY SPOTLIGHT

The Land Ordinance of 1785

When states ceded, or gave up, their western lands to the United States,
the new nation became “land rich” even though it was “money poor.” Gov-
ernment leaders searched for a way to use the land to fund such services
as public education.
The fastest and easiest way to raise money would have been to sell
the land in huge parcels. However, only the rich would have been able to
purchase land. The Land Ordinance of 1785 made the parcels small and
affordable.
The Land Ordinance established a plan for dividing the land. The
government would first survey the land, dividing it into townships of 36
square miles, as shown on the map below. Then each township would be
divided into 36 sections of 1 square mile, or about 640 acres, each. An
Aerial photograph showing individual or a family could purchase a section and divide it into farms or
how the Land Ordinance
smaller units. A typical farm of the period was equal to one-quarter sec-
transformed the landscape
into a patchwork of farms tion, or 160 acres. The minimum price per acre was one dollar.
Government leaders hoped the buyers would develop farms and estab-
lish communities. In this way, settlements would spread across the western territories in an orderly
way. Government surveyors repeated the process thousands of times, imposing frontier geometry on
the land.
In 1787 the Congress further provided for the orderly development of the Northwest Territory by
passing the Northwest Ordinance, which established how states would be created out of the territory.

The map below shows how an eastern section of Ohio has been subdivided into
townships and sections, according to the Land Ordinance of 1785.
Explore ONLINE!
e Superior
Lak
BRITISH TERRITORY

L
M
ak

iss VT.
eH

iss WISCONSIN
an

ip
uro

(1848) N.H.
Lake Michig

N
pi

36 30 24 18 12 6
Rive

MICHIGAN NEW YORK MASS.35 29 23 17 11

r

W E 5
(1837)
CONN. 34R.I.28 22 16 10 4 6
ie
S e Er miles
L ak 33 27 21 15 9 3
32 26 20 14 8 2
NORTHWEST TERRITORY PENN.
SPANISH 31 25 19 13 7 1
TERRITORY OHIO NEW JERSEY
ILLINOIS INDIANA (1803)
(1818) (1816) MD.
DELAWARE
er
Riv

O hio

Established state VIRGINIA

[Link], Inc.
U.S. territory 0 18 36 mi
McDougal-Littell, The Americas Program
0 100 200 mi 0 18 36 km ATLANTIC
Book R/Unit 1/Chapter 2 - arpe-0102gs-15-e
The Land Ordinance of 1785-inset2 OCEAN
TENNESSEE N.C.
0 100 200 km (1796)
Trim size (per page): 7p9 wide X 6p3 deep
S.C.
GEORGIA 1st proof date: 5/20/01

[Link], Inc.

McDougal-Littell, The Americas Program

152 Module 4 Book R/Unit 1/Chapter 2 - arpe-0102gs-14-e
The Land Ordinance of 1785-inset1
 GEOGRAPHY SPOTLIGHT

This map shows how a

township, now in Meigs
County, Ohio, was divided
in 1787 into full square-
mile sections and smaller,
more affordable plots.
The names of the original
buyers are written on the
full sections. 1 3

2
1 RELIGION
To encourage the growth
of religion within the
township, the surveyors
set aside a full section
of land. Most of the land
within the section was
sold to provide funds for
a church and a minister’s
salary. This practice was 3 3
dropped after a few
years because of concern
about the separation of
church and state.
4
2 EDUCATION ­
The ordinance
encouraged public
education by setting
aside section 16 of every
township for school
buildings. Local people
used the money raised
by the sale of land within
this section to build a
school and hire a teacher.
This section was centrally 3 REVENUE 4 WATER
located so that students Congress reserved two or three sections of Rivers and streams were very important
could reach it without each township for sale at a later date. Congress to early settlers, who used them for
traveling too far. planned to sell the sections then at a tidy transportation. Of most interest, however,
profit. The government soon abandoned this was a meandering stream, which indicated
practice because of criticism that it should not flat bottomland that was highly prized for its
be involved in land speculation. fertility.

Critical Thinking
1. Analyze Distributions How did the Land Ordinance 2. Create a Chart Create a chart that organizes and
of 1785 provide for the orderly development of the summarizes the information in the map above. To
Northwest Territory? How did it make land affordable? help you organize your thoughts, pose questions that
the map suggests and that a table could help answer.

The U.S. Constitution 153

 Lesson 2

Drafting the Constitution

One American’s Story

The Big Idea
Daniel Shays was angry. A veteran of the Revolutionary War battles
At the Philadelphia convention
at Bunker Hill and Saratoga, he had returned to his farm in western
in 1787, delegates rejected the
Massachusetts. Because of the heavy debt that he carried, however,
Articles of Confederation and
created a new constitution. he faced debtors’ prison. Shays felt that he was the victim of too
much taxation.
Why It Matters Now
The Constitution remains the During the summer and fall of 1786, farmers like Shays kept demand-
basis of our government.
ing that the courts be closed so they would not lose their farms to
Key Terms and People creditors. Their discontent boiled over into mob action in September
Shays’s Rebellion 1786, when Daniel Shays led an army of farmers to close the courts.
James Madison In 1787 Shays’s army, 1,200 strong, marched through the snow
Roger Sherman toward the arsenal at Springfield.
Great Compromise
State officials hurriedly called out the militia. Four of the rebels were
Three-Fifths Compromise
killed and the rest were scattered. Clearly, though, if so many farm-
federalism
ers were rebelling, there was something seriously wrong.
legislative branch
executive branch
judicial branch
checks and balances
electoral college

Shays’s Rebellion in 1786–1787 not only resulted in the death of four rebels but
also unsettled some of the nation’s leaders.

154 Module 4
 Nationalists Strengthen the Government
Shays’s Rebellion, as the farmers’ protest came to be called, caused panic
and dismay throughout the nation. Every state had debt-ridden farmers.
Would rebellion spread from Massachusetts elsewhere? Not only was pri-
vate property in danger, but so was the new nation’s reputation. As George
Washington himself exclaimed, “What a triumph for our enemies . . . to
find that we are incapable of governing ourselves.”
It was clearly time to talk about a stronger national government. In
order to prevent abuse of power, the states had placed such severe limits
on the government that the government was too weak.
CALL FOR CONVENTION One of the nation’s biggest problems was
trade between the states, which led to quarrels over the taxes that states
imposed on one another’s goods and disagreements over navigation rights.
In September 1786 leaders such as James Madison of Virginia and Alex-
ander Hamilton called a meeting of state delegates to discuss issues of
interstate trade. Only five states sent representatives to the convention,
held in Annapolis, Maryland. Delegates decided to call for another meeting
the following year in Philadelphia to deal with trade and other problems.
Meanwhile, the disturbing news of Shays’s Rebellion in Massachusetts
spread throughout the states. The incident convinced 12 states to send
delegates to the Philadelphia convention.
CONVENTION HIGHLIGHTS In May 1787 delegates from all the states
except Rhode Island gathered at the Philadelphia State House—in the same
room in which the Declaration of Independence had been signed 11 years
earlier. In spite of the sweltering heat, the windows were tightly closed to
prevent outsiders from eavesdropping on the discussions. The delegates
agreed to keep their discussions secret so that they could speak freely.

Document-Based Investigation Historical Source

Washington’s Opinion
Fearing that the new nation was about to disintegrate, George Washington expressed his view of
America’s early government.

“The consequences of . . . [an] inefficient government are too obvious to be dwelt upon. Thirteen
sovereignties pulling against each other, and all tugging at the federal head will soon bring ruin on the
whole. . . . Let us have [government] by which our lives, liberty, and property will be secured or let us
know the worst at once.”
—George Washington, from a letter to James Madison, November 5, 1786

Analyze Historical Sources

According to Washington, what was wrong with the young government?

The U.S. Constitution 155

 Most of the 55 delegates were lawyers, merchants, or planters. Most were
rich, well-educated men in their thirties or forties. They included some of
the most outstanding leaders of the time, such as Benjamin Franklin, Alex-
ander Hamilton, and George Washington. Washington was elected presid-
Reading Check ing officer by a unanimous vote.
Analyze Motives
Why do you think
news of Shays’s
Conflict Leads to Compromise
Rebellion made states Most of the delegates recognized the need to strengthen the central
decide to participate government. Within the first five days of the meeting, they gave up the
in the Philadelphia
convention? idea of revising the Articles of Confederation and decided to form a new
government.
BIG STATES VERSUS SMALL STATES One big issue the delegates faced was
giving fair representation to both large and small states. Madison’s Virginia
Plan proposed a bicameral, or two-house, legislature, with membership
based on each state’s population. The voters would elect members of the
lower house, who would then elect members of the upper house.
Delegates from the small states vigorously objected to the Virginia Plan
because it gave more power to states with large populations. Small states
supported William Paterson’s New Jersey Plan, which proposed a single-
house congress in which each state had an equal vote.
Proponents of the plans became deadlocked. Finally, Roger Sherman, a
political leader from Connecticut, suggested the Great Compromise, which

BIOGRAPHY

James Madison (1751–1836) Roger Sherman (1721–1793)

The oldest of 12 children, Born in Massachusetts,
James Madison grew up in Roger Sherman spoke a
Virginia. He was a sickly child New England dialect
who suffered all his life from that some people found
physical ailments. Because of laughable. As a young
a weak voice, he decided not man, he became a
to become a minister and thus successful merchant.
entered politics. Sherman also studied law
and became so active in politics that he had to
Madison’s Virginia Plan resulted from extensive quit his business.
research on political systems that he had done
before the convention. He asked Edmund Sherman helped draft the Declaration of
Randolph, a fellow delegate from Virginia, to Independence. When he returned to Philadelphia
present the plan because his own voice was too in 1787 for the Constitutional Convention, he was
weak to be heard throughout the assembly. 66 years old. He introduced a plan—later called
the Great Compromise—that resolved the issue
Besides providing brilliant political leadership, of state representation in the national legislature.
Madison kept a record of the debates that took Roger Sherman was the only man to sign the
place at the convention. Because of his plan and Continental Association of 1774, the Declaration of
his leadership, Madison is known as the “Father of Independence, the Articles of Confederation, and
the Constitution.” the Constitution.

156 Module 4
 offered a two-house Congress to satisfy both small and big states. Each
state would have equal representation in the Senate, or upper house. The
size of the population of each state would determine its representation in
the House of Representatives, or lower house. Voters of each state would
choose members of the House. The state legislatures would choose members
of the Senate.
Sherman’s plan pleased those who favored government by the people inso-
far as it allowed voters to choose representatives. It also pleased those who
defended states’ rights insofar as it preserved the power of state legislatures.
SLAVERY-RELATED ISSUES Representation based on population raised the
question of whether slaves should be counted as people. Southern delegates,
whose states had many slaves, wanted slaves included in the population
count that determined the number of representatives in the House. However,
southern delegates did not want slaves counted for taxation purposes, which
would increase their taxes. Northern delegates, whose states had few slaves,
disagreed. Not counting southern slaves would give the northern states more
representatives than the southern states in the House of Representatives. The
delegates eventually agreed to the Three-Fifths Compromise, which called
for three-fifths of a state’s slaves to be counted as population for both repre-
sentation and taxation.
The Three-Fifths Compromise settled the political issue but not the eco-
nomic issue of slavery. Slaveholders, especially in the South, worried that if
Congress were given power to regulate foreign trade, it might do away with
the slave trade. To resolve this issue, the convention gave Congress the power
to regulate trade but prevented it from interfering with the slave trade for at
least 20 years. Although the proposal passed, not all the delegates agreed with
Reading Check it. James Madison predicted, “Twenty years will produce all the mischief that
Analyze Issues can be apprehended from the liberty to import slaves. So long a term will be
Why was Sherman’s
compromise a more dishonorable to the national character than to say nothing about it in
success? the Constitution.”

Key Conflicts in the Constitutional Convention

Strong Central Government vs. Strong States
• Authority derives from the people. • Authority derives from the states.
• The central government should be stronger than the states. • The states should remain stronger than the central
government.

Large States vs. Small States

• Congress should be composed of two houses. • A congress of one house should be preserved.
• Delegates should be assigned according to population. • Each state should have one vote.

North vs. South

• Slaves should not be counted when deciding the number of • Slaves should be counted when determining congressional
delegates. representation.
• Slaves should be counted when levying taxes. • Slaves should not be counted when levying taxes.

The U.S. Constitution 157

 Creating a New Government
After reaching agreement on questions of slavery and representation, the
delegates dealt with other issues. They divided power between the states and
the national government and separated the national government’s power into
three branches.
DIVISION OF POWERS The new system of government was a form of
federalism that divided power between the national government and the
state governments. The sharing of power was meant to eliminate states’ fears
of losing states’ rights and sovereignty. The powers granted to the national
government by the Constitution are known as delegated powers, or enumer-
ated powers. These include such powers as control of foreign affairs, provid-
ing national defense, regulating trade between the states, and coining money.
Powers kept by the states are called reserved powers. These include powers
such as providing and supervising education and regulating trade in a state.
Both levels of government share such important powers as the right to tax, to
borrow money, and to pay debts. They also share the power to establish courts.
SEPARATION OF POWERS The delegates protected the rights of the states,
but they also granted some powers exclusively to the national government.
At the same time, they limited the authority of the government. First, they
created three branches of government—a legislative branch to make laws, an
executive branch to carry out laws, and a judicial branch to interpret laws.
This separation of powers was an idea that came from the Enlightenment
movement. In 1748 the Baron de Montesquieu of France envisioned a republi-
can democracy in which power would be divided to avoid tyranny.
Then the delegates established a system of checks and balances to prevent
one branch from dominating the others. (See the chart below.) For example,
the president has considerable power, but the Senate has to approve some of

The Checks and Balances of the Federal System

Checks on the Executive Branch Checks on the Judicial Branch
■ Congress can override a presidential veto ■ Congress establishes lower federal courts
■ Congress approves funding for presidential programs ■ Senateconfirms or rejects appointments of judges
■ Congress can impeach and remove the president or ■ Congress can impeach and remove federal judges
other high officials
■ Senate confirms or rejects federal appointments

LEGISLATIVE BRANCH

EXECUTIVE BRANCH JUDICIAL BRANCH

Checks on the Checks on the Checks on the Checks on the
Legislative Branch Judicial Branch Executive Branch Legislative Branch
■ Can veto bills of Congress ■ Appoints federal judges ■ Appointed for life, federal ■ Can decide the meaning
■ Can call special sessions ■ Can pardon or reprieve people judges are free from of laws
of Congress convicted of federal crimes presidential control ■ Can declare acts of
■ Can influence public opinion ■ Can declare presidential Congress unconstitutional
■ Can propose legislation actions unconstitutional

158 Module 4
 NOW & THEN the president’s decisions. The president can veto
acts of Congress, but Congress can override a veto
The Electoral College by a two-thirds vote. The Supreme Court assumes
the power to interpret the Constitution, but the
Distrust of popular sovereignty led the framers
president appoints the justices, and Congress can
of the Constitution to devise a complicated
bring them to trial for abuses of power.
system of electing the president. The creation
of an electoral college ensured that a college The procedure for electing the president
of electors, or representatives, would have the reflected two main concerns. Because there were
last say in the vote. no national political parties and because travel and
communication were limited, there was a fear that
In the 2000 presidential election, the electoral the popular vote would be divided among many
college played a decisive role in choosing regional candidates. Also, many among the upper
the president. Even though Al Gore won the classes distrusted and feared the lower classes.
popular vote by a margin of almost 540,000, Some did not trust the common people to vote
the electors gave George W. Bush 271 wisely; others trusted them to vote the upper class
electoral votes—one vote more than the 270 out of power. So the delegates came up with a new
votes needed to win the presidency. system of electing the president. Instead of voters
choosing the president directly, each state would
choose a number of electors equal to the number of
senators and representatives the state had in Congress. The group of electors
chosen by the states, known as the electoral college, would cast ballots for
the candidates.
CREATING THE CONSTITUTION Finally, the delegates provided a means of
changing the Constitution through the amendment process. After nearly four
months of debate and compromise, the delegates succeeded in creating a con-
stitution that was flexible enough to last through the centuries to come. Yet
Reading Check when George Washington adjourned the convention on September 17, 1787,
Summarize he remarked to a fellow delegate, “I do not expect the Constitution to last for
Which powers were more than 20 years.”
granted to the
national government The convention’s work was over, but the new government could not become
and to the state a reality until the voters agreed. So the Constitution was sent to the Congress,
governments? which submitted it to the states for approval.

Lesson 2 Assessment
1. Organize Information Use a web diagram to record 3. Evaluate Do you agree or disagree with the creation
the issues debated at the Constitutional Convention. of a system of checks and balances? Explain your
Choose one issue and explain how the delegates answer.
resolved that issue. Think About:
• the main task of each branch
• how the branches function
• the efficiency of governmental operations
Issues Debated at the
C­onstitutional Convention 4. Analyze Issues In what ways did the new system of
government fulfill the nation’s need for a stronger
central government and at the same time allay its fear
of a government having too much power?
2. Key Terms and People For each term or person in the 5. Summarize What was the Great Compromise, and
lesson, write a sentence explaining its significance. how did it reconcile the interests of the small states
with the interests of the more populous states?

The U.S. Constitution 159

 Lesson 3

Ratifying the Constitution

One American’s Story

The Big Idea
When John Jay was in college, he refused to reveal the identity of
During the debate on the
a student who had broken school property. As he was being inter-
Constitution, the Federalists
rogated, Jay pointed out that the college rules did not require one
promised to add a bill of rights
in order to get the Constitution student to inform on another.
ratified.
Years later, Jay argued for ratification of the newly written Constitu-
Why It Matters Now
tion. He warned how other nations would view the United States if it
The Bill of Rights continues to
did not unify itself.
protect ordinary citizens.
Key Terms and People
ratification
“What a poor pitiful figure
will America make in their
Federalists
eyes! How liable would she
Antifederalists
become not only to their
The Federalist ­contempt, but to their out-
Bill of Rights rage; and how soon would
dear-bought experience pro-
claim that when a people or
family so divide, it never fails
to be against themselves.”
—John Jay, from The Federalist, No. 4

John Jay

Whether Jay was defending his peers or his country’s Constitution,

his strong principles and commitment to unity gave his arguments
tremendous force. Men like John Jay played a key role in ratifying
the Constitution.

160 Module 4
 Federalists and Antifederalists
The delegates to the Philadelphia convention had spent four months drafting
the Constitution. When newspapers printed the full text of the new Consti-
tution, the radical changes it proposed shocked many Americans. They had
expected the convention to merely amend the Articles of Confederation. Sup-
porters and opponents battled over controversies that threatened to shatter
the framers’ hope of uniting the states.
CONTROVERSIES OVER THE CONSTITUTION The framers set up a proce-
dure for ratification that called for each state to hold a special convention.
The voters would elect the delegates to the convention, who would then
vote to accept or reject the Constitution. Ratification—official approval—
required the agreement of at least nine states. This system largely bypassed
the state legislatures, whose members were likely to oppose the Constitution,
since it reduced the power of the states. It also gave the framers an opportu-
nity to campaign for delegates in their states who would support ratification.
Supporters of the Constitution called themselves Federalists, because
they favored the new Constitution’s balance of power between the
states and the national government. Their opponents became known as
­Antifederalists, because they opposed having such a strong central govern-
ment and thus were against the Constitution.
The Federalists insisted that the division of powers and the system of
checks and balances would protect Americans from the tyranny of central-
ized authority. Antifederalists countered with a long list of possible abuses
of power by a strong central government. These included a fear that the
government would serve the interests of privileged factions and ignore
the rights of the majority. Antifederalists also raised doubts that a single
government could manage the affairs of a large country. Their leading argu-
ment, however, centered on the Constitution’s lack of protection of indi-
vidual rights.

NOW & THEN

States vs. Federal Government: Public Tenth Amendment. However, funding for public
Education education in the United States comes from both
the federal and state governments. As a result,
The power struggle between states and the federal
the federal government has been able to exert
government has caused conflict since the nation’s
considerable influence over educational matters.
founding. The Federalists and Antifederalists were
In 2002, for example, Congress passed the No
the first to fight over who should hold what power.
Child Left Behind Act, which required states to
Today, state and federal governments continue to
implement accountability standards for schools
square off over jurisdictional issues such as public
and teachers. Schools that choose not to use
education.
these standards will not receive federal funding.
Opponents of the law, including some teacher
Education is not specifically addressed in the organizations, argue that the federal government
U.S. Constitution. As such, governing education has overstepped its bounds by taking control of
is a power reserved to the states under the education from state and local government.

The U.S. Constitution 161

 THE OPPOSING FORCES Leading Federalists included framers of the
Constitution such as George Washington, James Madison, and Alexander
Hamilton. They used their experience and powers of persuasion to win
support for the document they had drafted. They received heavy sup-
port from urban centers, where merchants, skilled workers, and laborers
saw the benefit of a national government that could regulate trade. Small
states and those with weak economies also favored a strong central gov-
Alexander Hamilton ernment that could protect their interests.
Leading Antifederalists included revolutionary heroes and leaders such
as Patrick Henry, Samuel Adams, and Richard Henry Lee. They received
support from rural areas, where people feared a strong government that
might add to their tax burden. Large states and those with strong econo-
mies, such as New York, which had greater freedom under the Articles of
Confederation, also opposed the Constitution at first.
Both sides waged a war of words in the public debate over ratification. A
series of 85 essays defending the Constitution appeared in New York news-
papers between 1787 and 1788. Later, the essays circulated widely in other
Patrick Henry
states and were collected in a book called The Federalist, also known as the
Federalist Papers. The essays were published under the pseudonym Publius,
but were written by Federalist leaders Alexander Hamilton, James
Madison, and John Jay. The Federalist provided an analysis and an expla-
nation of Constitutional provisions, such as the separation of powers,
individual rights, and the limits on the power of majorities, that remain
important today.

Document-Based Investigation Historical Source

Federalist vs. Antifederalist

In The Federalist, James Madison argued that the states were too powerful under the Articles of
Confederation. Antifederalist Patrick Henry spoke against the proposed Constitution, saying it took
power away from the states.

“Was, then, the American Revolution effected, “Here is a resolution as radical as that which
was the American Confederacy formed, was the separated us from Great Britain. It is radical
precious blood of thousands spilt, . . . not that the in this transition; our rights and privileges are
people of America should enjoy peace, liberty, and endangered, and the sovereignty of the states will
safety, but that the government of the individual be relinquished.”
States . . . might enjoy a certain extent of power, —Patrick Henry, from a speech before the Virginia
Ratifying Convention, June 5, 1788
and be arrayed with certain dignities and
attributes of sovereignty?”
—James Madison, from The Federalist, No. 45

Analyze Historical Sources

What do both arguments have in common? How are they different?

162 Module 4
 Examples of Ideas in The Federalist
Essay Main Idea

No. 10 A republican government would help balance the influence of factions

(groups with specific interests). Also, the government would be large
and diverse enough to balance majority rule with minority rights.

No. 45 The states are too powerful under the Articles of Confederation.

No. 51 The separation of powers described in the Constitution would limit

government powers.

No. 78 An independent judicial branch would be important so it could decide

whether a law is constitutional.

Reading Check Letters from the Federal Farmer, most likely written by Richard Henry
Analyze Issues Lee, was the most widely read Antifederalist publication. Lee listed the
What were the rights the Antifederalists believed should be protected, such as freedom
Antifederalists’ major
arguments against the
of the press and of religion, guarantees against unreasonable searches of
Constitution? people and their homes, and the right to a trial by jury.

The Bill of Rights Leads to Ratification

The proposed U.S. Constitution contained no guarantee that the gov-
ernment would protect the rights of the people. Some supporters of the
Constitution viewed the Constitution’s lack of a bill of rights—a formal
summary of citizens’ rights and freedoms—as a serious drawback to rati-
fication. Echoing the Enlightenment ideals that he included in the Dec-
laration of Independence and other experiences as an American colonist,
Thomas Jefferson said:

“I like much the general idea of framing a government, which should

go on of itself, peaceably, without needing continual recurrence to
the State legislatures. . . . I will now tell you what I do not like. First,
the omission of a bill of rights. . . . Let me add, that a bill of rights is
what the people are entitled to against every government on earth,
general or particular; and what no just government should refuse. . . .”
—Thomas Jefferson, from a letter to James Madison, 1787

PEOPLE DEMAND A BILL OF RIGHTS Antifederalists argued that since

the Constitution weakened the states, the people needed a national bill of
rights. They wanted written guarantees that the people would have free-
dom of speech, of the press, and of religion. They demanded assurance of
the right to trial by jury and the right to bear arms.

The U.S. Constitution 163

 A parade in New York in 1788 celebrates the new Constitution and features the “Ship of
State” float. Alexander Hamilton’s name emphasizes the key role he played in launching the
new government.

Federalists insisted that the Constitution granted only limited powers

to the national government so that it could not violate the rights of the
states or of the people. They also pointed out that the Constitution gave
the people the power to protect their rights through the election of trust-
worthy leaders. In the end, though, the Federalists yielded to people’s over-
whelming desire and promised to add a bill of rights if the states would
ratify the Constitution.
RATIFICATION OF THE CONSTITUTION Delaware led the country in rati-
fying the Constitution in December 1787. In June 1788 New Hampshire
fulfilled the requirement for ratification by becoming the ninth state to
approve the Constitution. Nevertheless, Virginia and New York had not
voted, and the new government needed these very large and influential
states.
Powerful adversaries squared off in Virginia. Patrick Henry, Richard
Henry Lee, and James Monroe led the opposition. Richard Henry Lee, a
prominent political figure of his time, claimed that those in favor of the
Constitution were voluntarily placing themselves under the power of an
absolute ruler.

“‘Tis really astonishing that the same people, who have just emerged
from a long and cruel war in defense of liberty, should now agree to
fix an elective despotism [absolute power] upon themselves and their
posterity.”
—Richard Henry Lee, quoted in The Letters of
Richard Henry Lee: 1779–1794

The struggle for New York pitted John Jay and Alexander Hamilton
against a strong Antifederalist majority. Jay, Hamilton, and Madison
launched an effective public campaign through The Federalist. News of
ratification by New Hampshire and Virginia strengthened the Federalists’

164 Module 4
 cause. On July 26, 1788, New York ratified by a vote of 30 to 27. Although
Rhode Island did not accept the Constitution until 1790, the new govern-
ment became a reality in 1789.
ADOPTION OF A BILL OF RIGHTS In September 1789
The Bill of Rights Congress submitted 12 amendments to the state legis-
1. Religious and political freedom latures for ratification. By December 1791 the required
2. Right to bear arms three-fourths of the states had ratified ten of the amend-
3. Freedom from quartering troops ments, which officially became known as the Bill of
4. Freedom against unreasonable search Rights.
and seizure In several states, ratification had hinged on the Fed-
5. Rights of accused persons eralists’ pledge to add a bill of rights. To write it, Feder-
6. Right to a speedy, public trial alists went back to the Virginia Declaration of Rights
7. Right to a trial by jury from 1776. This declaration was one of the first calls for
8. Limits on fines and punishments American independence. The wording used in it influ-
9. Rights of the people enced not only the Declaration of Independence but also
10. Powers of states and the people the content of the Bill of Rights and many state constitu-
tions. The Virginia Statute for Religious Freedom, passed
in 1786, also influenced the Bill of Rights. This statute
written by Thomas Jefferson held that citizens had the right to worship
freely without interference or persecution from the government. This idea
became part of the First Amendment.
The first eight amendments spell out the personal liberties the states
had requested. The Ninth and Tenth Amendments impose general limits
on the powers of the federal government.
• The First Amendment—guarantees citizens’ rights to freedom of religion, speech, the
press, and political activity.
• The Second and Third Amendments—grant citizens the right to bear arms as members
of a militia of citizen-soldiers and prevent the government from housing troops in
private homes in peacetime.
• The Fourth through Eighth Amendments—guarantee fair treatment for individuals
suspected or accused of crimes.
• The Ninth Amendment—makes it clear that people’s rights are not restricted to just
those specifically mentioned in the Constitution.
• The Tenth Amendment—clarifies that the people and the states have all the powers that
the Constitution does not specifically give to the national government or deny to the
states.
Ideals put forth in the Constitution, such as due process, rule of law, and
individual rights, were not applied to all people. The protection of rights
and freedoms was not given to all Americans at the time the Bill of Rights
was adopted. Native Americans and slaves were excluded, due to long-
Reading Check standing discrimination against them by whites. Traditionally, women
Summarize Why were also not given equal rights as men, and were therefore not mentioned
were women, Native
Americans, and slaves in the Constitution. Although some northern states permitted free blacks
excluded from the to vote, the Bill of Rights offered them no protection against whites’ dis-
protection of rights crimination and hostility. The expansion of democracy came from later
and freedoms at the
time the Bill of Rights amendments. Nevertheless, the flexibility of the U.S. Constitution made it
was adopted? a model for governments around the world.

The U.S. Constitution 165

 Continuing Relevance of the Constitution
The U.S. Constitution is the oldest written national constitution still in use.
Since its ratification, it has served as a model for other democracies. The
Constitution has been one of our nation’s most important exports—influ-
encing the constitutions of dozens of other nations. It is a flexible document
that continues to protect Americans and inspire people around the world.
ADAPTING TO CHANGES The U.S. Constitution is a “living” document,
capable of meeting the changing needs of Americans. One reason for this
capability lies in Article I, Section 8, which gives Congress the power “To
make all laws which shall be necessary and proper for carrying into execu-
tion” the powers that the Constitution enumerates. This clause is referred to
as the “elastic clause” because it stretches the power of the government. The
framers of the Constitution included these implied powers in order to allow
the authority of the government to expand to meet unforeseen circum-
stances. The failed Articles of Confederation did not allow a federal govern-
ment to address several important issues, so the framers of the Constitution
wanted the elastic clause to give them more flexibility on lawmaking.
The Constitution also can be formally changed when necessary through
amendments. The Constitution provides ways for amendments to be pro-
posed and to be ratified. Only 27 amendments have been added to the
Constitution. These amendments have helped the government meet the
challenges of a changing world, while still preserving the rights of the
American people.

A Model for Other Democracies

In 1996 South Africa’s Parliament approved a landmark constitution. Included in this

constitution was a bill of rights modeled in part on the United States Bill of Rights.
Pretoria
Soweto
The South African bill of rights is broader and more detailed than the U.S. Bill of
Rights. For example, two pages are devoted to the rights of arrested, detained, and ATLANTIC
[Link],
OCEAN
INDIAN
Inc. OCEAN
accused persons. One page is devoted to the rights of children. The document forbids SOUTH AFRICA

McDougal-Littell, The Americas Program

discrimination of all kinds and protects the rights of minorities. It guarantees every
BookS/Unit 2/Chapter 5 - aspe-0205s3-e
citizen the right to travel within the country, and it also guarantees a range of social and Locator-South Africa
economic rights, which were often denied blacks in the past. Vital Information Area (per page): 6p wide X 6p deep
Mask Area (per page): 6p wide x 6p deep
HMH— High School U.S. History—2016
1st proof date: 04/18/01
HS_SNLESE454194_885M
People outside the South Africa (World Stage)
Vital Information Area (per page): 6p wide X 6p deep
polling station in the Mask Area (per page): 6p9 wide x 8p10 deep
black township of First proof 04/20/16
Soweto wait to vote
in South Africa’s first
multiracial election.

Nelson Mandela, the first black

president of South Africa, greets
a crowd celebrating the new
constitution, May 8, 1996.

166 Module 4
 VOTING RIGHTS AMENDMENTS Examples of constitutional amendments
made to adapt to changing times are those concerning voting rights. In most
instances before voting rights amendments, white males were the only voters
in America. Four amendments gave more American citizens the right to vote.
In 1865 the Thirteenth Amendment banned U.S. slavery. The Fourteenth
Amendment in 1868 made former slaves citizens of both the United States
and the specific states in which they lived. As a result of these two amend-
ments, the Fifteenth Amendment was ratified in 1870. The purpose of the
Fifteenth Amendment was to give voting rights to African American males. It
states that voting “shall not be denied or abridged by the United States or by
any state on account of race, color, or previous condition of servitude.” How-
ever, states found other ways to deny voting rights to most African American
males, including poll taxes. A poll tax was a tax that had to be paid before
a person was allowed to vote. Almost a century later, in 1964, the Twenty-
Fourth Amendment banned poll taxes, finally removing this obstacle.
In 1920 the Nineteenth Amendment guaranteeing voting rights for Ameri-
can women was ratified. Amendments giving women the right to vote had
been presented to Congress many times in the 40 years prior to ratification of
the Nineteenth Amendment. Many women, including Elizabeth Cady Stanton
and Susan B. Anthony, had worked hard to gain women’s voting rights.
The most recent voting rights amendment is the Twenty-Sixth Amend-
ment of 1971. It gave citizens 18 years and older the right to vote. Before
this amendment, a citizen had to be 21 to vote in federal elections. During
the war, many young Americans were distressed that they were eligible for
Reading Check
the draft at age 18, but were unable to vote for the leaders who were making
Find Main Ideas military decisions.
Which Americans The Constitution’s flexibility and adaptability have made it the enduring
gained voting rights
through constitutional foundation of U.S. government. The ability to amend the Constitution helps
amendments? preserve the rights of Americans as the world changes over time.

Lesson 3 Assessment
1. Organize Information Use a chart to show which 3. Evaluate Do you think the Federalists or the
groups and public figures supported the Federalists Antifederalists had the more valid arguments? Support
and which supported the Antifederalists. your opinion with examples from the text.
Which group would you have supported? Explain why. Think About:
• whom each group represented
Public Groups • Americans’ experience with the Articles of
Figures
Confederation
Federalists
• Americans’ experience with British rule
Antifederalists
4. Analyze Motives Why did the Antifederalists demand
the Bill of Rights?
2. Key Terms and People For each key term in the 5. Predict How might the course of American history
lesson, write a sentence explaining its significance. have changed if the Antifederalists’ fight for the Bill of
Rights had resulted in forbidding discrimination of all
kinds and had protected the rights of all minorities?

The U.S. Constitution 167

 The Constitution
of the United States
“The Constitution was not made to fit us like a straightjacket.
In its elasticity lies its chief greatness.”
—President Woodrow Wilson

Purposes of the Constitution

The official charge to the delegates who met in Philadelphia in 1787 was to amend the
Articles of Confederation. They soon made a fateful decision, however, to ignore the
Articles and to write an entirely new constitution. These delegates—the “framers”—set
themselves five purposes to fulfill in their effort to create an effective constitution.

1. ESTABLISH LEGITIMACY 3. DESCRIBE AND DISTRIBUTE POWER

First, the framers of the Constitution had to The framers had as their third purpose to
establish the new government’s legitimacy—its describe governmental powers and to distrib-
right to rule. The patriots’ theory of government ute them among the structures they created.
was set out in the Declaration of Independence, The powers of the legislative branch, which are
which explained why British rule over the colo- those of Congress, are listed in Article I, Section
nies was illegitimate. Now the framers had to 8, of the Constitution. Many of the executive
demonstrate that their new government met powers belonging to the president are listed in
the standards of legitimacy referred to in the Article II, Sections 2 and 3. The courts are given
Declaration. judicial powers in Article III. The words of Article
 For the framers of the Constitution, legitimacy IV imply that the states retain authority over
had to be based on a contract among those who many public matters.
are to be ruled. The framers held to the principle
called rule of law: Every member of the United 4. LIMIT GOVERNMENT POWERS
States, both citizens and government, must fol- The fourth purpose of the framers was to limit
low its laws. This made a legitimate constitution the powers of the structures they created. Limits
absolutely necessary. on the Congress’s powers are found in Article I,
Section 9. Some of the limits on the powers of
2. CREATE APPROPRIATE STRUCTURES state governments are found in Article I, Section
The framers’ second purpose was to create 10. There the framers enumerate functions that
appropriate structures for the new government. are delegated to the national government and
The framers were committed to the principles so cannot be directed by the states.
of representative democracy. They also believed
that any new government must include an 5. ALLOW FOR CHANGE
important role for state governments and The framers’ fifth purpose was to include some
ensure that the states retained some legitimacy means for changing the Constitution. Here they
to rule within their borders. faced a dilemma: they wanted to make certain
 To achieve their goals, the framers created the that the government endured by changing with
Congress, the presidency, and the judiciary to the times, but they did not want to expose the
share the powers of the national government. basic rules of government to so many changes
They also created a system of division of powers that the system would be unstable. So in Article
between the national government and the state V, they created a difficult, but not impossible,
governments. means for amending the Constitution.

168 Module 4
The original manuscript of the Constitution is now kept in the National Archives in Washington, DC.

HOW TO READ THE CONSTITUTION

The Constitution, starting on the next page, appears in the major column, while
the explanatory notes next to each article, section, or clause appear in the minor
column. Each article is divided into sections, and the sections are subdivided into
clauses. Headings have been added and the spelling and punctuation modernized
for easier reading. Portions of the Constitution no longer in use have been crossed
out. The Constitutional Insight questions and answers will help you understand
significant issues related to the Constitution.

The U.S. Constitution 169

 PREAMBLE
Constitutional Insight Why
does the Preamble say “We the peo-
The Constitution
ple of the United States . . . ordain
and establish” the new govern- Preamble. Purpose of the Constitution
ment? The Articles of Confederation
was an agreement among the states.
But the framers of the Constitution
We the People of the United States, in Order to form a more per-
wanted to be sure its legitimacy came fect Union, establish Justice, insure domestic Tranquility, provide
from the American people, not from the for the common defense, promote the general Welfare, and secure
states, which might decide to withdraw
the Blessings of Liberty to ourselves and our Posterity, do ordain
their support at any time. This is a basic
principle of the Constitution. and establish this Constitution for the United States of America.

ARTICLE I, SECTION 1 Article I. The Legislature

Constitutional Insight Why
does the first article of the Con-
stitution focus on Congress rather
Section 1. Congress
than on the presidency or the All legislative Powers herein granted shall be vested in a Con-
courts? The framers were intent
on stressing the central role of the
gress of the United States, which shall consist of a Senate and
legislative branch in the new govern- House of Representatives.
ment because it is the branch that most
directly represents the people and is Section 2. The House of Representatives
most responsive to them.

Critical Thinking
1. Elections The House of Representatives shall be composed of
Do you think Congress is still the branch Members chosen every second Year by the People of the several
of the federal government that is most States, and the Electors in each State shall have the Qualifica-
directly responsible to the people? Why
or why not?
tions requisite for Electors of the most numerous Branch of the
State Legislature.
ARTICLE I, SECTION 2.1 2. Qualifications No Person shall be a Representative who shall
Constitutional Insight Why not have attained to the Age of twenty five Years, and been seven
are members of the House of
Representatives elected every two Years a Citizen of the United States, and who shall not, when
years? The House of Representatives elected, be an Inhabitant of that State in which he shall be chosen.
was designed to be a truly representa-
tive body, with members who reflect 3. Number of Representatives Representatives and direct Taxes
the concerns and sentiments of their shall be apportioned among the several States which may be
constituents as closely as possible. The
framers achieved this timely represen-
included within this Union, according to their respective Num-
tation by establishing two years as a bers, which shall be determined by adding to the whole Number of
reasonable term for members of the free Persons, including those bound to Service for a Term of Years,
House to serve.
and excluding Indians not taxed, three fifths of all other Persons.
Critical Thinking The actual Enumeration shall be made within three Years after
Do you think electing members of the
the first Meeting of the Congress of the United States, and within
House of Representatives every two
years is a good idea? Why or why not? every subsequent Term of ten Years, in such Manner as they shall
by Law direct. The Number of Representatives shall not exceed
one for every thirty Thousand, but each State shall have at Least
one Representative; and until such enumeration shall be made, the
State of New Hampshire shall be entitled to choose three, Mas-
sachusetts eight, Rhode-Island and Providence Plantations one,
Connecticut five, New-York six, New Jersey four, Pennsylvania
eight, Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and Georgia three.

170 Module 4
 4. Vacancies When vacancies happen in the Representation
from any State, the Executive Authority thereof shall issue Writs
of Election to fill such Vacancies.
5. Officers and Impeachment The House of Representatives
shall choose their Speaker and other Officers; and shall have the
sole Power of impeachment.

Section 3. The Senate

ARTICLE I, SECTION 3.1 1. Number of Senators The Senate of the United States shall be
Constitutional Insight Why composed of two Senators from each State, chosen by the Leg-
are members of the Senate elected
every six years? The framers feared
islature thereof, for six Years; and each Senator shall have one
the possibility of instability in the Vote.
government. So they decided that
senators should have six-year terms 2. Classifying Terms Immediately after they shall be assembled
and be elected by the state legislatures in Consequence of the first Election, they shall be divided as
rather than directly by the people. The equally as may be into three Classes. The Seats of the Senators
Seventeenth Amendment, as you will
see later, changed this. The framers also of the first Class shall be vacated at the Expiration of the second
staggered the terms of the senators Year, of the second Class at the Expiration of the fourth Year, and
so that only one-third of them are of the third Class at the Expiration of the sixth Year, so that one
replaced at any one time. This stabilizes
the Senate still further. third may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legisla-
Critical Thinking
Do you think it is important today for ture of any State, the Executive thereof may make temporary
the Senate to have more stability than Appointments until the next Meeting of the Legislature, which
the House of Representatives? If so, shall then fill such Vacancies.
why?
3. Qualifications No Person shall be a Senator who shall not
have attained to the Age of thirty Years, and been nine Years a
Citizen of the United States, and who shall not, when elected, be
an Inhabitant of that State for which he shall be chosen.
4. Role of Vice President The Vice President of the United
States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
5. Officers The Senate shall choose their other Officers, and
also a President pro tempore, in the Absence of the Vice Presi-
dent, or when he shall exercise the Office of President of the
United States.

Requirements for Holding Federal Office

Position Minimum Age Residency Citizenship

Representative 25 years state in which elected 7 years

Senator 30 years state in which elected 9 years

President 35 years 14 years in the United States natural-born

Supreme Court Justice none none none

The U.S. Constitution 171

 ARTICLE I, SECTION 3.6 6. Impeachment Trials The Senate shall have the sole Power to
Constitutional Insight Must an try all Impeachments. When sitting for that Purpose, they shall
impeached president step down be on Oath or Affirmation. When the President of the United
from office? Not necessarily. An
impeachment is a formal accusation of States is tried, the Chief Justice shall preside: And no Person
criminal behavior or serious misbe- shall be convicted without the Concurrence of two thirds of the
havior. By impeaching the president, Members present.
the U.S. House of Representatives is
officially accusing the nation’s chief 7. Punishment for Impeachment Judgment in Cases of
executive of one or more wrong-doings
that warrant possible removal from
Impeachment shall not extend further than to removal from
office. It is then the responsibility of the Office, and disqualification to hold and enjoy any Office of
Senate to conduct a trial to determine honor, Trust or Profit under the United States: but the Party
whether the president is guilty or
not guilty of the charges—and thus
convicted shall nevertheless be liable and subject to Indictment,
whether or not the president must step Trial, Judgment and Punishment, according to Law.
down. Conviction requires a two-thirds
vote of the Senate. Section 4. Congressional Elections
Critical Thinking
Do you think a president should be put
1. Regulations The Times, Places and Manner of holding Elec-
on trial for a crime while he or she is still tions for Senators and Representatives, shall be prescribed in
in office? Explain. each State by the Legislature thereof; but the Congress may at
any time by Law make or alter such Regulations, except as to the
Places of choosing Senators.
2. Sessions The Congress shall assemble at least once in every
Year, and such Meeting shall be on the first Monday in Decem-
ber, unless they shall by Law appoint a different Day.

ARTICLE I, SECTION 5.2 Section 5. Rules/Procedures

Constitutional Insight What
kinds of rules does Congress make 1. Quorum Each House shall be the Judge of the Elections,
for itself? The Constitution gives Returns and Qualifications of its own Members, and a Majority
each house control over most of its
rules of procedure and membership.
of each shall constitute a Quorum to do Business; but a smaller
Rules are important, for they help shape Number may adjourn from day to day, and may be authorized to
the kinds of laws and policies that compel the Attendance of absent Members, in such Manner, and
pass each body. Senate rules allow a
filibuster, whereby a senator holds the
under such Penalties as each House may provide.
floor as long as he or she likes in order 2. Rules and Conduct Each House may determine the Rules of
to block consideration of a bill he or she
dislikes. In recent years, a “cloture” rule its Proceedings, punish its Members for disorderly Behaviour,
has been used to end debate if 60 or and, with the Concurrence of two thirds, expel a Member.
more members vote to do so.
In contrast, the House of Represen- 3. Records Each House shall keep a Journal of its Proceedings,
tatives has rules to limit debate. The and from time to time publish the same, excepting such Parts as
Rules Committee has the primary task
of determining how long a bill on the
may in their Judgment require Secrecy; and the Yeas and Nays of
floor of the House may be discussed the Members of either House on any question shall, at the Desire
and whether any amendments can of one fifth of those Present, be entered on the Journal.
be offered to the bill. In recent years,
the power of the Rules Committee has 4. Adjournment Neither House, during the Session of Congress,
been limited, but being able to shape
shall, without the Consent of the other, adjourn for more than
the rules remains a powerful tool of
members of Congress. three days, nor to any other Place than that in which the two
Houses shall be sitting.
Critical Thinking
Why do you think the chair of the Rules
Committee is in a powerful position?

172 Module 4
 Section 6. Payment
1. Salary 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 shall in all
Cases, except Treason, Felony and Breach of the Peace, be privi-
leged from Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from the same;
and for any Speech or Debate in either House, they shall not be
ARTICLE I, SECTION 7.1 questioned in any other Place.
Constitutional Insight Why
must all bills to raise revenue 2. Restrictions No Senator or Representative shall, during the
originate in the House? Because
Time for which he was elected, be appointed to any civil Office
its members all stand for election every
two years, the House was expected under the Authority of the United States, which shall have been
to be more directly responsive to the created, or the Emoluments whereof shall have been increased
people. The tradition of restricting the during such time; and no Person holding any Office under the
powers of taxation to the people’s rep-
resentatives dates prior to the English United States, shall be a Member of either House during his
Bill of Rights (1689), which granted to Continuance in Office.
Parliament and withheld from the king
the right to raise taxes. When colonists
protesting the Stamp Act and the
Section 7. How a Bill Becomes a Law
Intolerable Acts protested “no taxation 1. Tax Bills All Bills for raising Revenue shall originate in the
without representation,” they were
appealing to a longstanding right codi- House of Representatives; but the Senate may propose or concur
fied in the English Bill of Rights. with Amendments as on other Bills.

How a Bill in Congress Becomes a Law

1 2 3 4
A bill is introduced in the A bill may be reported out Either house of Congress debates If the House and the Senate pass
House or the Senate and of committee with or without the bill and may make revisions. different versions of a bill, both
referred to a standing changes—or it may be If passed, the bill is sent to the versions go to a conference committee
committee for consideration. shelved. other house. to work out the differences.

5 6 7 8
The conference committee If both houses accept the If the president signs the bill, If the president vetoes the bill, the House
submits a single version of compromise version, the it becomes law. and the Senate may override the veto by a
the bill to the House and the bill is sent to the president vote of two thirds of the members present in
Senate. to be signed. each house, and then the bill becomes law.

Interpret Visuals
How is the constitutional principle of checks and balances reflected in the process of a bill’s becoming a law?

The U.S. Constitution 173

 ARTICLE I, SECTION 7.2 2. Lawmaking Every Bill which shall have passed the House of
Constitutional Insight How Representatives and the Senate, shall, before it become a Law, be
often do presidents use the veto,
presented to the President of the United States: If he approve he
and how often is that action over-
ridden? The use of the veto, which shall sign it, but if not he shall return it, with his Objections to
is the refusal to approve a bill, depends that House in which it shall have originated, who shall enter the
on many factors, especially the political Objections at large on their Journal, and proceed to reconsider
conditions of the time. Until 1865 only
nine presidents exercised the veto it. If after such Reconsideration two thirds of that House shall
for 36 pieces of legislation, including agree to pass the Bill, it shall be sent, together with the Objec-
Andrew Jackson who used it 12 times. tions, to the other House, by which it shall likewise be recon-
Since 1865 every president has used
the veto power, some on relatively few sidered, and if approved by two thirds of that House, it shall
occasions, others as frequently as over become a Law. But in all such Cases the Votes of both Houses
a hundred times. Usually Congress is shall be determined by yeas and Nays, and the Names of the Per-
unable to produce the votes (those of
two-thirds of the members present in sons voting for and against the Bill shall be entered on the Journal
each house) needed to override presi- of each House respectively. If any Bill shall not be returned by the
dential vetoes. President within ten Days (Sundays excepted) after it shall have
Critical Thinking been presented to him, the Same shall be a Law, in like Manner as if
Do you think it should be easier for he had signed it, unless the Congress by their Adjournment prevent
Congress to override a president’s veto?
Why or why not?
its Return, in which Case it shall not be a Law.
3. Role Of The President Every Order, Resolution, or Vote to
which the Concurrence of the Senate and House of Representa-
tives may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States; and
before the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of the
Senate and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
ARTICLE I, SECTION 8 Section 8. Powers Granted to Congress
Constitutional Insight The pow-
ers given to Congress are in Section 8 of 1. Taxation The Congress shall have Power To lay and collect
Article I. The first 17 clauses of Section 8 Taxes, Duties, Imposts and Excises, to pay the Debts and pro-
are often called the enumerated powers
because they name individually Con-
vide for the common Defense and general Welfare of the United
gress’s specific powers. These powers States; but all Duties, Imposts and Excises shall be uniform
deal with issues ranging from taxation throughout the United States;
and the national debt to calling out the
armed forces of the various states to 2. Credit To borrow Money on the credit of the United States;
governing the nation’s capital district
(Washington, DC). 3. Commerce To regulate Commerce with foreign Nations, and
Critical Thinking among the several States, and with the Indian Tribes;
Why do you think it is important to spell
out the powers specifically granted to 4. Naturalization and Bankruptcy To establish an uniform Rule
Congress? of Naturalization, and uniform Laws on the subject of Bankrupt-
cies throughout the United States;
5. Money To coin Money, regulate the Value thereof, and of for-
eign Coin, and fix the Standard of Weights and Measures;
6. Counterfeiting To provide for the Punishment of counterfeit-
ing the Securities and current Coin of the United States;
7. Post Office To establish Post Offices and post Roads;

174 Module 4
 NOW & THEN 8. Patents and Copyrights To promote the Progress of Science
and useful Arts, by securing for limited Times to Authors and
Modern Money Inventors the exclusive Right to their respective Writings and
Technological advances such Discoveries;
as color copiers have led to
increased counterfeiting. 9. Courts To constitute Tribunals inferior to the supreme Court;
In response, the Bureau of
Engraving and Printing (BEP), 10. International Law To define and punish Piracies and Felo-
the federal agency that prints nies committed on the high Seas, and Offences against the Law of
U.S. currency, began adding
advanced security features to
Nations;
paper money. The BEP also made 11. War To declare War, grant Letters of Marque and Reprisal, and
a commitment to redesign the
nation’s currency every seven
make Rules concerning Captures on Land and Water;
to ten years to stay ahead of 12. Army To raise and support Armies, but no Appropriation of
counterfeiters. The $5, $10, $20,
$50, and $100 bills were all rede-
Money to that Use shall be for a longer Term than two Years;
signed between 2003 and 2010. 13. Navy To provide and maintain a Navy;
14. Regulation of the Military To make Rules for the Govern-
ment and Regulation of the land and naval Forces;
15. Militia To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Invasions;
16. Regulation of the Militia To provide for organizing, arming,
and disciplining, the Militia, and for governing such Part of them
as may be employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the discipline pre-
scribed by Congress;
17. District of Columbia To exercise exclusive Legislation in all
Cases whatsoever, over such District (not exceeding ten Miles
square) as may, by Cession of particular States, and the Acceptance
of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased by
the Consent of the Legislature of the State in which the Same shall
ARTICLE I, SECTION 8.18 be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
Constitutional Insight How is other needful Buildings;—And
the last clause different? The 18th
and final clause gives Congress the 18. Necessary and Proper Clause To make all Laws which shall
power to do what is “necessary and be necessary and proper for carrying into Execution the forego-
proper” to carry out the enumerated
powers. Thus, the enumerated powers
ing Powers, and all other Powers vested by this Constitution in the
of Congress “to lay and collect taxes,” “to Government of the United States, or in any Department or Officer
borrow money,” “to regulate commerce,” thereof.
and “to coin money” imply the power to
create a bank in order to execute these
powers. Early in the country’s history,
this “elastic clause,” as it has been called,
was used by Congress to establish the
controversial Bank of the United States
in 1791 and the Second Bank of the
United States in 1816.

Critical Thinking
Why do you think the elastic clause is
still important today?

The U.S. Constitution 175

 ARTICLE I, SECTION 9 Section 9. Powers Denied Congress
Constitutional Insight Why
didn’t the framers include a bill 1. Slave Trade The Migration or Importation of such Persons as
of rights in the original Constitu- any of the States now existing shall think proper to admit, shall
tion? Actually, they did. Article I,
Section 9, defines limits on the powers
not be prohibited by the Congress prior to the Year one thousand
of Congress, just as the first ten amend- eight hundred and eight, but a Tax or duty may be imposed on such
ments (which we call the Bill of Rights) Importation, not exceeding ten dollars for each Person.
do. While some of the provisions focus
on such issues as slavery and taxation, 2. Habeas Corpus The Privilege of the Writ of Habeas Corpus
there are three explicit prohibitions shall not be suspended, unless when in Cases of Rebellion or Inva-
dealing with citizens’ rights:
sion the public Safety may require it.
•• Writ of habeas corpus. Section 9,
Clause 2, says that, except in time of 3. Illegal Punishment No Bill of Attainder or ex post facto Law
rebellion or invasion, Congress can-
not suspend people’s right to a writ
shall be passed.
of habeas corpus. This means that 4. Direct Taxes No Capitation, or other direct, Tax shall be laid,
people cannot be held in prison or jail
without being formally charged with unless in Proportion to the Census or enumeration herein before
a crime. directed to be taken.
•• Bill of attainder. Clause 3 prohibits
the passage of any law that convicts
5. Export Taxes No Tax or Duty shall be laid on Articles
or punishes a person directly and exported from any State.
without a trial. Any legislative action
that would punish someone without 6. No Favorites No Preference shall be given by any Regulation
recourse to a court of law is called a of Commerce or Revenue to the Ports of one State over those of
bill of attainder. another; nor shall Vessels bound to, or from, one State, be obliged
•• Ex post facto law. The same clause to enter, clear, or pay Duties in another.
prohibits ex post facto laws. Such a
law would punish a person for an act 7. Public Money No Money shall be drawn from the Treasury,
that was legal when it was performed.
but in Consequence of Appropriations made by Law; and a regular
The fact that these particular rights Statement and Account of the Receipts and Expenditures of all
were protected by the original docu-
ment issued by the framers reflects public Money shall be published from time to time.
both the framers’ experiences during
the Revolution and their fear of exces-
8. Titles of Nobility No Title of Nobility shall be granted by the
sive government power. United States: And no Person holding any Office of Profit or Trust
Critical Thinking
under them, shall, without the Consent of the Congress, accept
Why are American citizens today so of any present, Emolument, Office, or Title, of any kind whatever,
intent on having protections against from any King, Prince, or foreign State.
government violations of their rights?
Section 10. Powers Denied the States
1. Restrictions No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money;
emit Bills of Credit; make any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility.
2. Import and Export Taxes No State shall, without the Consent
of the Congress, lay any Imposts or Duties on Imports or Exports,
except what may be absolutely necessary for executing it’s inspec-
tion Laws: and the net Produce of all Duties and Imposts, laid by
any State on Imports or Exports, shall be for the Use of the Trea-
sury of the United States; and all such Laws shall be subject to the
Revision and Control of the Congress.

176 Module 4
 3. Peacetime and War Restraints No State shall, without the
Consent of Congress, lay any Duty of Tonnage, keep Troops, or
Ships of War in time of Peace, enter into any Agreement or Com-
pact with another State, or with a foreign Power, or engage in
War, unless actually invaded, or in such imminent Danger as will
not admit of delay.

ARTICLE II. THE EXECUTIVE

Section 1. The Presidency

ARTICLE II, SECTION 1.1 1. Terms of Office The executive Power shall be vested in a
Constitutional Insight What President of the United States of America. He shall hold his
exactly is “executive power”? We Office during the Term of four Years, and, together with the Vice
know the president has it, but nowhere
is it explicitly defined. It is most often President, chosen for the same Term, be elected, as follows:
defined as the power to carry out
the laws of the land, but of course no 2. Electoral College Each State shall appoint, in such Manner as
one person can handle such a chore the Legislature thereof may direct, a Number of Electors, equal
alone. A more appropriate definition is to the whole Number of Senators and Representatives to which
found in Section 3 of this article, which
empowers the president to “take care the State may be entitled in the Congress: but no Senator or Rep-
that the laws be faithfully executed.” resentative, or Person holding an Office of Trust or Profit under
In this sense, the president is the chief the United States, shall be appointed an Elector.
administrator.

Critical Thinking
3. Former Method of Electing President The Electors shall
Why is it important to have an executive meet in their respective States, and vote by Ballot for two Per-
who is the chief administrator? sons, of whom one at least shall not be an Inhabitant of the
same State with themselves. And they shall make a List of all the
Persons voted for, and of the Number of Votes for each; which
List they shall sign and certify, and transmit sealed to the Seat of
the Government of the United States, directed to the President
of the Senate. The President of the Senate shall, in the Presence
of the Senate and House of Representatives, open all the Certifi-
cates, and the Votes shall then be counted. The Person having the
greatest Number of Votes shall be the President, if such Number
be a Majority of the whole Number of Electors appointed; and
if there be more than one who have such Majority, and have an
equal Number of Votes, then the House of Representatives shall
immediately choose by Ballot one of them for President; and if
no Person have a Majority, then from the five highest on the List
the said House shall in like Manner choose the President. But in
choosing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for
this purpose shall consist of a Member or Members from two
thirds of the States, and a Majority of all the States shall be neces-
sary to a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the Electors
shall be the Vice President. But if there should remain two or
more who have equal Votes, the Senate shall choose from them by
Ballot the Vice President.

The U.S. Constitution 177

 4. Election Day The Congress may determine the Time of
choosing the Electors, and the Day on which they shall give their
Votes; which Day shall be the same throughout the United States.
5. Qualifications No Person except a natural born Citizen, or a
Citizen of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen Years
a Resident within the United States.
ARTICLE II, SECTION 1.6 6. Succession In Case of the Removal of the President from
Constitutional Insight What Office, or of his Death, Resignation, or Inability to discharge the
happens when the vice-president Powers and Duties of the said Office, the Same shall devolve on
succeeds a dead or incapacitated
president? Section 1.6 provides the Vice President, and the Congress may by Law provide for the
that the vice-president shall assume Case of Removal, Death, Resignation or Inability, both of the
the powers and duties of the presiden- President and Vice President, declaring what Officer shall then
tial office. But until the Twenty-Fifth
Amendment was added to the Con- act as President, and such Officer shall act accordingly, until the
stitution in 1967, there was no explicit Disability be removed, or a President shall be elected.
statement in the document that the
vice-president is to become president. 7. Salary The President shall, at stated Times, receive for his
That procedure owes its origin to John Services, a Compensation, which shall neither be increased
Tyler, the tenth president of the United
States, who in 1841 succeeded William
nor diminished during the Period for which he shall have been
Henry Harrison—the first president to elected, and he shall not receive within that Period any other
die in office. Tyler decided to take the Emolument from the United States, or any of them.
oath of office and assume the title of
president of the United States. Congress 8. Oath of Office Before he enter on the Execution of his Office,
voted to go along with his decision, and he shall take the following Oath or Affirmation: —“I do sol-
the practice was repeated after Lincoln
was assassinated. It would take another emnly swear (or affirm) that I will faithfully execute the Office
century for the written provisions of of President of the United States, and will to the best of my Abil-
the Constitution to catch up with the ity, preserve, protect and defend the Constitution of the United
practice.
States.”
Critical Thinking
Why is it important to know the order of
succession if a president dies in office?

178 Module 4
 Section 2. Powers of Presidency
ARTICLE II, SECTION 2.1 1. Military Powers The President shall be Commander in Chief
Constitutional Insight Just how of the Army and Navy of the United States, and of the Militia
much authority does the president
of the several States, when called into the actual Service of the
have as “Commander in Chief” of
the armed forces? The president has United States; he may require the Opinion, in writing, of the
the power to give orders to American principal Officer in each of the executive Departments, upon any
military forces. There have been several Subject relating to the Duties of their respective Offices, and he
instances in U.S. history when presidents
have used that authority in spite of shall have Power to grant Reprieves and Pardons for Offences
congressional wishes. against the United States, except in Cases of Impeachment.
President Harry Truman involved U.S.
armed forces in the Korean War from 2. Treaties and Appointments He shall have Power, by and
1950 to 1953 without a congressional with the Advice and Consent of the Senate, to make Treaties,
declaration of war.
Reacting to criticism of the Vietnam
provided two thirds of the Senators present concur; and he shall
War, Congress in 1973 enacted the nominate, and by and with the Advice and Consent of the Senate,
War Powers Resolution, making the shall appoint Ambassadors, other public Ministers and Consuls,
president more accountable to Congress
for any military actions he or she might
Judges of the supreme Court, and all other Officers of the United
take. Every president since Richard Nixon States, whose Appointments are not herein otherwise provided
has called the resolution unconstitu- for, and which shall be established by Law: but the Congress may
tional. Nevertheless, every president has
reported to Congress within 48 hours
by Law vest the Appointment of such inferior Officers, as they
of sending troops into an international think proper, in the President alone, in the Courts of Law, or in
crisis, as is required by the resolution. the Heads of Departments.
Critical Thinking 3. Vacancies The President shall have Power to fill up all Vacan-
Why is it important that the Commander
in Chief of the U.S. armed forces be a cies that may happen during the Recess of the Senate, by grant-
civilian (the president) rather than a ing Commissions which shall expire at the End of their next
military general? Session.

ARTICLE II, SECTION 3 Section 3. Presidential Duties

Constitutional Insight Is it nec-
essary for the president to deliver He shall from time to time give to the Congress Information of
a State of the Union address before the State of the Union, and recommend to their Consideration
a joint session of Congress at the
start of each legislative year? The
such Measures as he shall judge necessary and expedient; he may,
Constitution requires only that the on extraordinary Occasions, convene both Houses, or either of
president report to Congress on the them, and in Case of Disagreement between them, with Respect
state of the Union from time to time,
and nowhere does it call for an annual
to the Time of Adjournment, he may adjourn them to such Time
address. In 1913 President Woodrow as he shall think proper; he shall receive Ambassadors and other
Wilson wanted to influence Congress to public Ministers; he shall take Care that the Laws be faithfully
take action without delay on some leg-
executed, and shall Commission all the Officers of the United
islation that he thought was important.
Wilson revived the tradition—which States.
had been discontinued by Jefferson—
of delivering the State of the Union
address in person.

Critical Thinking
How does the president use the State of
the Union address today?

The U.S. Constitution 179

 ARTICLE II, SECTION 4 Section 4. Impeachment
Constitutional Insight Have
high-level public officials ever The President, Vice President and all civil Officers of the United
been impeached? The House has States, shall be removed from Office on Impeachment for,
impeached only two presidents, and
neither had to leave office. In 1868
and Conviction of, Treason, Bribery, or other high Crimes and
the Senate found President Andrew Misdemeanors.
Johnson not guilty by one vote after the
House impeached him, charging him
with violating a congressional act. In Article III. The Judiciary
1999 senators acquitted President Bill
Clinton after the House impeached him
with charges of lying under oath and Section 1. Federal Courts and Judges
obstructing justice in the attempted
cover-up of a White House scandal. The judicial Power of the United States shall be vested in one
The only other president to come supreme Court, and in such inferior Courts as the Congress may
close to impeachment was Richard from time to time ordain and establish. The Judges, both of the
Nixon. In 1974 the House Judiciary
Committee, in what is the first step supreme and inferior Courts, shall hold their Offices during good
of the impeachment process, recom- Behavior, and shall, at stated Times, receive for their Services a
mended three articles of impeach- Compensation, which shall not be diminished during their Con-
ment against Nixon for his role in the
infamous Watergate scandal. Before tinuance in Office.
the full House could vote for or against
the articles of impeachment, however, Section 2. Authority of the Courts
Nixon resigned from office.
1. General Authority The judicial Power shall extend to all
Critical Thinking
Why do you think the framers of the Cases, in Law and Equity, arising under this Constitution, the
Constitution created such an elabo- Laws of the United States, and Treaties made, or which shall be
rate procedure for removing a sitting made, under their Authority;—to all Cases affecting Ambassa-
president?
dors, other public Ministers and Consuls;—to all Cases of admi-
ralty and maritime Jurisdiction;—to Controversies to which the
ARTICLE III, SECTION 2.1
Constitutional Insight What
United States shall be a Party;—to Controversies between two
is judicial review? Is it the same as or more States—between a State and Citizens of another State;
judicial power? No. Judicial power —between Citizens of different States;—between Citizens of
is the authority to hear cases involving
disputes over the law or the behavior
the same State claiming Lands under Grants of different States,
of people. Judicial review, in contrast, is and between a State, or the Citizens thereof, and foreign States,
a court’s passing judgment on the con- Citizens or Subjects.
stitutionality of a law or government
action that is being disputed. Interest- 2. Supreme Authority In all Cases affecting Ambassadors, other
ingly, nowhere does the Constitution public Ministers and Consuls, and those in which a State shall be
mention judicial review. There are
places where it is implied (for example, Party, the supreme Court shall have original Jurisdiction. In all
in Section 2 of Article VI), but the only the other Cases before mentioned, the supreme Court shall have
explicit description of the responsibil- appellate Jurisdiction, both as to Law and Fact, with such Excep-
ity of the courts is the reference to
judicial power in Section 1 of Article III. tions, and under such Regulations as the Congress shall make.
The Supreme Court’s power to review
laws passed by Congress was explicitly
3. Trial by Jury The Trial of all Crimes, except in Cases of
affirmed by the Court itself in Marbury Impeachment, shall be by Jury; and such Trial shall be held in
v. Madison. the State where the said Crimes shall have been committed; but
Critical Thinking when not committed within any State, the Trial shall be at such
Why is judicial review, although not Place or Places as the Congress may by Law have directed.
mentioned in the Constitution, an
important activity of the Supreme
Court?

180 Module 4
 Section 3. Treason
1. Definition Treason against the United States, shall consist
only in levying War against them, or in adhering to their Ene-
mies, giving them Aid and Comfort. No Person shall be convicted
of Treason unless on the Testimony of two Witnesses to the same
overt Act, or on Confession in open Court.
2. Punishment The Congress shall have Power to declare the
Punishment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of the
Person attainted.

ARTICLE IV. RELATIONS AMONG STATES

Section 1. State Acts and Records

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

Section 2. Rights of Citizens

ARTICLE IV, SECTION 2.1 1. Citizenship The Citizens of each State shall be entitled to all
Constitutional Insight Why do Privileges and Immunities of Citizens in the several States.
college students attending public
universities outside their state 2. Extradition A Person charged in any State with Treason,
of residence have to pay higher Felony, or other Crime, who shall flee from Justice, and be found
tuition fees? The Supreme Court has
interpreted the “privileges and immuni- in another State, shall on Demand of the executive Authority of
ties” clause to allow higher tuition fees the State from which he fled, be delivered up, to be removed to
(and fees for hunting permits, etc.) for the State having Jurisdiction of the Crime.
nonresidents when a state can give a
“substantial reason” for the difference. 3. Fugitive Slaves No Person held to Service or Labour in one
Since state colleges and universities
receive some financial support from
State, under the Laws thereof, escaping into another, shall, in
the states’ taxpayers, the difference is Consequence of any Law or Regulation therein, be discharged
regarded as justified in most states. If from such Service or Labour, but shall be delivered up on Claim
a student establishes residency in the
state, he or she can pay in-state tuition
of the Party to whom such Service or Labour may be due.
after one year.

Critical Thinking
Do you think it is fair that a nonresident
must pay higher tuition fees at a state
college than a resident of the state
must pay? Explain.

The U.S. Constitution 181

 Section 3. New States
ARTICLE IV, SECTION 3.1 1. Admission New States may be admitted by the Congress into
Constitutional Insight Should this Union; but no new State shall be formed or erected within
there be a West Virginia? The
the Jurisdiction of any other State; nor any State be formed by
Constitution states that “no new state
shall be formed or erected within the the Junction of two or more States, or Parts of States, without
jurisdiction of any other state” without the Consent of the Legislatures of the States concerned as well as
the permission of the legislature of the of the Congress.
state involved and of the Congress. Ver-
mont, Kentucky, Tennessee, and Maine 2. Congressional Authority The Congress shall have Power to
were created from territory taken from
existing states, with the approval of the dispose of and make all needful Rules and Regulations respect-
sitting legislatures. ing the Territory or other Property belonging to the United
West Virginia, however, is a differ- States; and nothing in this Constitution shall be so construed as
ent story. During the Civil War, the
residents of the westernmost counties
to Prejudice any Claims of the United States, or of any particular
of Virginia were angry with their state’s State.
decision to secede from the Union. They
petitioned Congress to have their coun- Section 4. Guarantees to the States
ties declared a distinct state. Congress
agreed, and so the state of West Virginia The United States shall guarantee to every State in this Union a
was created. After the Civil War, the
legislature of Virginia gave its formal
Republican Form of Government, and shall protect each of them
approval, perhaps because it was in no against Invasion; and on Application of the Legislature, or of the
position to dispute the matter. Executive (when the Legislature cannot be convened), against
Critical Thinking domestic Violence.
Suppose a section of Texas should
decide to become a new state today.
Could it do this? Why or why not? Article V. Amending the Constitution

The Congress, whenever two thirds of both Houses shall deem

it necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which,
in either Case, shall be valid to all Intents and Purposes, as Part
of this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be pro-
posed by the Congress; Provided that no Amendment which may
be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in the
Ninth Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the Senate.

182 Module 4
 ARTICLE VI. SUPREMACY OF THE NATIONAL GOVERNMENT

Section 1. Valid Debts

All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
ARTICLE VI, SECTION 2 Section 2. Supreme Law
Constitutional Insight Just
how “supreme” is the “law of the This Constitution, and the Laws of the United States which shall
land”? The Constitution and all be made in Pursuance thereof; and all Treaties made, or which
federal laws and treaties are the highest
law of the land. (To be supreme, federal
shall be made, under the Authority of the United States, shall be
laws must be constitutional.) All state the supreme Law of the Land; and the Judges in every State shall
constitutions and laws and all local laws be bound thereby, any Thing in the Constitution or Laws of any
rank below national law and cannot be
enforced if they contradict national law.
State to the Contrary notwithstanding.
For example, if the United States enters
into a treaty protecting migratory Section 3. Loyalty to Constitution
Canadian birds, the states must change
their laws to fit the provisions of that The Senators and Representatives before mentioned, and the
agreement. That was the decision of the Members of the several State Legislatures, and all executive
Supreme Court in the case of Missouri
and judicial Officers, both of the United States and of the sev-
v. Holland (1920). The state of Missouri
argued that the national government eral States, shall be bound by Oath or Affirmation, to support
could not interfere with its power to this Constitution; but no religious Test shall ever be required as
regulate hunting within its borders, but a Qualification to any Office or public Trust under the United
the Supreme Court concluded that the
treaty was a valid exercise of national States.
power and therefore took priority over
state and local laws. The states had
to adjust their rules and regulations
accordingly.

Critical Thinking
What would happen if the national law
were not supreme?

The U.S. Constitution 183

 ARTICLE VII
Article VII. Ratification
Constitutional Insight Why was
ratification by only nine states
sufficient to put the Constitution The Ratification of the Conventions of nine States, shall be suffi-
into effect? In taking such a momen- cient for the Establishment of this Constitution between the States
tous step as replacing one constitution so ratifying the Same.
(the Articles of Confederation) with
another, the framers might have been Done in Convention by the Unanimous Consent of the States
expected to require the agreement of
all 13 states. But the framers were politi-
present the Seventeenth Day of September in the Year of our Lord
cal realists. They knew that they would one thousand seven hundred and Eighty seven and of the Inde-
have a difficult time winning approval pendence of the United States of America the Twelfth In witness
from all 13 states. But they also knew
that they had a good chance of getting
whereof We have hereunto subscribed our Names,
nine or ten of the states “on board”
George Washington—President and deputy from Virginia
and that once that happened, the rest
would follow. Their strategy worked,
but just barely. Although they had the
approval of nine states by the end of
Delaware Massachusetts
June 1788, two of the most important George Read Nathaniel Gorham
states—Virginia and New York—had Gunning Bedford, Jr. Rufus King
not yet decided to ratify. Without the
John Dickinson
approval of these influential states, the Connecticut
new government would have had a dif- Richard Bassett
William Samuel Johnson
ficult time surviving. Finally, by the end Jacob Broom
of July, both had given their blessing to Roger Sherman
the new constitution, but not without Maryland
intense debate.
New York
James McHenry
Then there was the last holdout— Alexander Hamilton
Rhode Island. Not only had Rhode Dan of St. Thomas Jenifer
Island refused to send delegates to Daniel Carroll New Jersey
the Constitutional Convention in 1787, William Livingston
but it turned down ratification several Virginia
David Brearley
times before finally giving its approval John Blair William Paterson
in 1790 under a cloud of economic and
James Madison, Jr. Jonathan Dayton
even military threats from neighboring
states. North Carolina
Pennsylvania
Critical Thinking William Blount
Do you think all 50 states would ratify
Benjamin Franklin
Richard Dobbs Spaight
the Constitution today? Why or why Thomas Mifflin
Hugh Williamson
not? Robert Morris
South Carolina George Clymer
John Rutledge Thomas FitzSimons
Charles Cotesworth Pinckney Jared Ingersoll
Charles Pinckney James Wilson
Pierce Butler Gouverneur Morris
Georgia
Attest:
William Few
William Jackson,
Abraham Baldwin
Secretary
New Hampshire
John Langdon
Nicholas Gilman

184 Module 4
AMENDMENT I Amendments I–X: The Bill of Rights
Constitutional Insight Do PROPOSED BY CONGRESS SEPTEMBER 25, 1786.
Americans have an absolute right to
free speech? The right to free speech RATIFIED DECEMBER 15, 1791.
is not without limits. In the case of
Schenck v. United States (1919), Justice AMENDMENT I RELIGIOUS AND POLITICAL FREEDOM (1791)
Oliver Wendell Holmes wrote that this
right does “not protect a man in falsely
Congress shall make no law respecting an establishment of
shouting fire in a theatre and causing a religion, or prohibiting the free exercise thereof; or abridging
panic.” Thus, some forms of speech are the freedom of speech, or of the press; or the right of the people
not protected by the First Amendment,
and Congress is allowed to make laws
peaceably to assemble, and to petition the Government for a
regarding certain types of expression. redress of grievances.
Critical Thinking AMENDMENT II RIGHT TO BEAR ARMS (1791)
Why is there controversy over freedom
of speech today? A 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
AMENDMENT IV
Constitutional Insight Can the infringed.
police search your car without a
court-issued search warrant when
AMENDMENT III QUARTERING TROOPS (1791)
they stop you for speeding? The
answer, according to Supreme Court
No Soldier shall, in time of peace be quartered in any house,
decisions, depends on whether they without the consent of the Owner, nor in time of war, but in a
have good reasons—called “probable manner to be prescribed by law.
cause”—for doing so. If a state trooper
notices bloody clothing in a vehicle that AMENDMENT IV SEARCH AND SEIZURE (1791)
has been stopped for a traffic violation,
there might be probable cause for a The right of the people to be secure in their persons, houses,
search of the vehicle. There is prob- papers, and effects, against unreasonable searches and seizures,
ably not sufficient reason for a search
if the trooper is merely suspicious of shall not be violated, and no Warrants shall issue, but upon prob-
the driver’s behavior. In such cases, the able cause, supported by Oath or affirmation, and particularly
trooper may make a casual request to describing the place to be searched, and the persons or things to
perform a search. If the driver agrees,
then according to the Court, he or she be seized.
has waived his or her constitutional
right against unreasonable searches. AMENDMENT V RIGHTS OF ACCUSED PERSONS (1791)
Critical Thinking No person shall be held to answer for a capital, or otherwise
Why do you think the right against infamous crime, unless on a presentment or indictment of a
unreasonable searches and seizures is
highly important to most people?
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public
AMENDMENT V danger; nor shall any person be subject for the same offence to
Constitutional Insight Can be twice put in jeopardy of life or limb; nor shall be compelled
you be tried twice for the same
offense? The prohibition against in any criminal case to be a witness against himself, nor be
“double jeopardy” protects you from deprived of life, liberty, or property, without due process of law;
having the same charge brought nor shall private property be taken for public use, without just
against you twice for the same offense,
but you can be tried on different compensation.
charges related to that offense.

Critical Thinking
What do you think could happen if
a person could be tried twice for the
same offense?

The U.S. Constitution 185

 AMENDMENT VI AMENDMENT VI RIGHT TO A SPEEDY, PUBLIC TRIAL (1791)
Constitutional Insight What
are the Miranda rights? The term In all criminal prosecutions, the accused shall enjoy the right to
comes from the Supreme Court’s a speedy and public trial, by an impartial jury of the State and
decision in Miranda v. Arizona (1966), district wherein the crime shall have been committed, which
in which the justices established rules
police must follow when questioning district shall have been previously ascertained by law, and to
a suspect. If suspected of a crime, you be informed of the nature and cause of the accusation; to be
must be told that you have a right to confronted with the witnesses against him; to have compulsory
remain silent and that anything you say
“can and will” be used against you. You
process for obtaining witnesses in his favor, and to have the
also need to be informed that you have Assistance of Counsel for his defence.
a right to an attorney and that the attor-
ney may be present during questioning. AMENDMENT VII TRIAL BY JURY IN CIVIL CASES (1791)
Critical Thinking In suits at common law, where the value in controversy shall
How do Miranda rights protect you?
exceed twenty dollars, the right of trial by jury shall be pre-
AMENDMENT VII served, and no fact tried by a jury, shall be otherwise reexamined
Constitutional Insight What in any Court of the United States, than according to the rules of
are the “rules of the common
law”? The common law is the body
the common law.
of legal practices and decrees devel-
oped in England and English-speaking
AMENDMENT VIII LIMITS OF FINES AND PUNISHMENTS (1791)
America from AD 1066 through the
Excessive bail shall not be required, nor excessive fines imposed,
present. It includes the Magna Carta
(1215), which acknowledges versions nor cruel and unusual punishments inflicted.
of rights affirmed in the Fifth, Sixth,
and Seventh Amendments, as well as AMENDMENT IX RIGHTS OF PEOPLE (1791)
the English Bill of Rights (1689), which
codified rights asserted in the First, The enumeration in the Constitution, of certain rights, shall not
Second, Seventh, and Eighth Amend- be construed to deny or disparage others retained by the people.
ments. It also includes the decisions
and published opinions of state and AMENDMENT X POWERS OF STATES AND PEOPLE (1791)
federal appeals courts, including the
U.S. Supreme Court. The powers not delegated to the United States by the Constitu-
AMENDMENT IX tion, nor prohibited by it to the States, are reserved to the States
Constitutional Insight Do you respectively, or to the people.
have a right to privacy? Until 1965
no such right had ever been explicitly
stated by the courts. That year, in the
case of Griswold v. Connecticut, the
Court said there is an implied right of
American citizens to make certain per-
sonal choices without interference from
the government; this case concerned
the right to use birth control. Years later,
in Roe v. Wade (1973), the same logic
was used to declare unconstitutional
a Texas law restricting a woman’s right
to an abortion in the first stages of
pregnancy. Since that decision, both
the right to privacy and abortion
rights have become major political
controversies.

Critical Thinking
How do you define the right to privacy?

186 Module 4
 Amendments XI–XXVII
AMENDMENT XI AMENDMENT XI LAWSUITS AGAINST STATES (1795)
Article III, Section 2, of the Constitu- PASSED BY CONGRESS MARCH 4, 1794. RATIFIED FEBRUARY 7, 1795.
tion was modified by the Eleventh
Amendment. The Judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or prosecuted
against one of the United States by Citizens of another State, or
by Citizens or Subjects of any Foreign State.
AMENDMENT XII AMENDMENT XII ELECTION OF THE EXECUTIVES (1804)
A portion of Article II, Section 1, of the PASSED BY CONGRESS DECEMBER 9, 1803. RATIFIED JUNE 15, 1804.
Constitution was superseded by the
Twelfth Amendment. The Electors shall meet in their respective states and vote by bal-
Constitutional Insight How lot for President and Vice-President, one of whom, at least, shall
did the election of 1800 lead to not be an inhabitant of the same state with themselves; they
the Twelfth Amendment? The
election ended in a tie vote between shall name in their ballots the person voted for as President, and
the Republican running mates. The in distinct ballots the person voted for as Vice-President, and
election was decided in Jefferson’s they shall make distinct lists of all persons voted for as Presi-
favor on the House’s 36th ballot. Almost
immediately, Alexander Hamilton and dent, and of all persons voted for as Vice-President, and of the
others designed an amendment that number of votes for each, which lists they shall sign and certify,
established that the presidential elec- and transmit sealed to the seat of the government of the United
tors would vote for both a presidential
and a vice-presidential candidate. States, directed to the President of the Senate;—the President
This amendment prevents a repeat of of the Senate shall, in the presence of the Senate and House of
the problem experienced in the 1800 Representatives, open all the certificates and the votes shall then
election.
be counted;—The person having the greatest number of votes
Critical Thinking for President, shall be the President, if such number be a major-
Why is the Twelfth Amendment
important?
ity of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest
numbers not exceeding three on the list of those voted for as
President, the House of Representatives shall choose immedi-
ately, by ballot, the President. But in choosing the President,
the votes shall be taken by states, the representation from each
state having one vote; a quorum for this purpose shall consist
of a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice. And if the
House of Representatives shall not choose a President whenever
the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in case of the death or other constitutional disabil-
ity of the President. —The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such num-
ber be a majority of the whole number of Electors appointed, and
if no person have a majority, then from the two highest numbers
on the list, the Senate shall choose the Vice-President; a quorum
for the purpose shall consist of two-thirds of the whole number
of Senators, and a majority of the whole number shall be neces-
sary to a choice. But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-President of
the United States.

The U.S. Constitution 187

 AMENDMENT XIII AMENDMENT XIII SLAVERY ABOLISHED (1865)
A portion of Article IV, Section 2, of the PASSED BY CONGRESS JANUARY 31, 1865. RATIFIED DECEMBER 6, 1865.
Constitution was superseded by the
Thirteenth Amendment. Section 1 Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject to
their jurisdiction.
Section 2 Congress shall have power to enforce this article by
appropriate legislation.
AMENDMENT XIV AMENDMENT XIV CIVIL RIGHTS (1868)
Article I, Section 2, of the Constitution PASSED BY CONGRESS JUNE 13, 1866. RATIFIED JULY 9, 1868.
was modified by Section 2 of the Four-
teenth Amendment. Section 1 All persons born or naturalized in the United States,
Constitutional Insight Which and subject to the jurisdiction thereof, are citizens of the United
personal status takes priority— States and of the State wherein they reside. No State shall make
that of U.S. citizen or that of state
citizen? The Fourteenth Amendment or enforce any law which shall abridge the privileges or immuni-
firmly notes that Americans are citizens ties of citizens of the United States; nor shall any State deprive
of both the nation and the states, but any person of life, liberty, or property, without due process of law;
that no state can “abridge the privileges
or immunities” of U.S. citizens, deprive
nor deny to any person within its jurisdiction the equal protection
them “of life, liberty, or property, with- of the laws.
out due process of law,” or deny them
“equal protection of the laws.” Section 2 Representatives shall be apportioned among the sev-
What does it mean to have “equal
eral States according to their respective numbers, counting the
protection of the laws”? “Equal whole number of persons in each State, excluding Indians not
protection of the laws” means that the taxed. But when the right to vote at any election for the choice
laws are to be applied to all persons in
the same way. The legal system may
of electors for President and Vice-President of the United States,
discriminate between persons—treat Representatives in Congress, the Executive and Judicial officers
them differently, or unequally—if there of a State, or the members of the Legislature thereof, is denied to
are relevant reasons to do so. For exam-
ple, a person’s income and number of
any of the male inhabitants of such State, being twenty-one years
dependents are relevant for how much of age, and citizens of the United States, or in any way abridged,
income tax the person should pay; a except for participation in rebellion, or other crime, the basis of
person’s gender is not. The Supreme
representation therein shall be reduced in the proportion which
Court’s 1954 decision in Brown v. Board
of Education of Topeka, which declared the number of such male citizens shall bear to the whole number
segregated public schools unconstitu- of male citizens twenty-one years of age in such State.
tional, was based on an Equal Protec-
tion claim; a child’s race is not a relevant Section 3 No person shall be a Senator or Representative in
reason for the state to assign that child Congress, or elector of President and Vice-President, or hold any
to a particular school.
office, civil or military, under the United States, or under any
Critical Thinking State, who, having previously taken an oath, as a member of
Do you agree or disagree with the
Supreme Court’s decision that separate Congress, or as an officer of the United States, or as a member of
educational facilities are unequal? any State legislature, or as an executive or judicial officer of any
Explain your position. State, to support the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same, or given aid
or comfort to the enemies thereof. But Congress may by a vote of
two-thirds of each House, remove such disability.

188 Module 4
AMENDMENT XV Section 4 The validity of the public debt of the United States,
Constitutional Insight Can you authorized by law, including debts incurred for payment of pen-
be denied the right to vote? The
sions and bounties for services in suppressing insurrection or
Fifteenth Amendment prohibits the
United States or any state from keeping rebellion, shall not be questioned. But neither the United States
citizens from voting because of race nor any State shall assume or pay any debt or obligation incurred
or color or because they were once in aid of insurrection or rebellion against the United States, or
slaves. However, a person convicted of
a crime can be denied the right to vote, any claim for the loss or emancipation of any slave; but all such
as can someone found to be mentally debts, obligations and claims shall be held illegal and void.
incompetent.
Section 5 The Congress shall have the power to enforce, by
Critical Thinking
Why do you think so many people do appropriate legislation, the provisions of this article.
not exercise the right to vote?
AMENDMENT XV RIGHT TO VOTE (1870)
AMENDMENT XVI PASSED BY CONGRESS FEBRUARY 26, 1869. RATIFIED FEBRUARY 3, 1870.
Article I, Section 9, of the Constitution was
Section 1 The right of citizens of the United States to vote shall
modified by the Sixteenth Amendment.
not be denied or abridged by the United States or by any State on
Constitutional Insight How has
the ability of Congress to impose account of race, color, or previous condition of servitude.
taxes been amended? The Six-
teenth Amendment permits a federal Section 2 The Congress shall have the power to enforce this
income tax and in so doing changes article by appropriate legislation.
Article I, Section 9, Clause 4, by stat-
ing that Congress has the power to AMENDMENT XVI INCOME TAX (1913)
levy an income tax—which is a direct PASSED BY CONGRESS JULY 2, 1909. RATIFIED FEBRUARY 3, 1913.
tax—without apportioning such a tax
among the states according to their The Congress shall have power to lay and collect taxes on
populations.
incomes, from whatever source derived, without apportionment
Critical Thinking among the several States, and without regard to any census or
Do you think Congress should have
the power to impose an income tax on
enumeration.
the people of the nation? Explain your
answer.
AMENDMENT XVII DIRECT ELECTION OF SENATORS (1913)
PASSED BY CONGRESS MAY 13, 1912. RATIFIED APRIL 8, 1913.
AMENDMENT XVII
Article I, Section 3, of the Constitu-
Clause 1 The Senate of the United States shall be composed of
tion was modified by the Seventeenth two Senators from each State, elected by the people thereof, for
Amendment. six years; and each Senator shall have one vote. The electors in
Constitutional Insight How has each State shall have the qualifications requisite for electors of
the way senators are elected been the most numerous branch of the State legislatures.
changed? The Seventeenth Amend-
ment changes Article I, Section 3, Clause 2 When vacancies happen in the representation of any
Clause 1, by stating that senators shall
be elected by the people of each state State in the Senate, the executive authority of such State shall
rather than by the state legislatures. issue writs of election to fill such vacancies: Provided, That the
Critical Thinking legislature of any State may empower the executive thereof to
Why is the direct election of senators by make temporary appointments until the people fill the vacancies
the people of each state important? by election as the legislature may direct.
Clause 3 This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes
valid as part of the Constitution.

The U.S. Constitution 189

 AMENDMENT XVIII PROHIBITION (1919)
PASSED BY CONGRESS DECEMBER 18, 1917. RATIFIED JANUARY 16,
1919. REPEALED BY AMENDMENT XXI.

Section 1 After one year from the ratification of this article

the manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof
from the United States and all territory subject to the jurisdic-
tion thereof for beverage purposes is hereby prohibited.
Section 2 The Congress and the several States shall have con-
current power to enforce this article by appropriate legislation.
Section 3 This article shall be inoperative unless it shall have
AMENDMENT XIX been ratified as an amendment to the Constitution by the leg-
Constitutional Insight When
did women first get the right to vote islatures of the several States, as provided in the Constitution,
in the United States? Women had within seven years from the date of the submission hereof to the
the right to vote in the state of New States by the Congress.
Jersey between 1776 and 1807. In the
late 19th century, some states and ter- AMENDMENT XIX WOMEN’S SUFFRAGE (1920)
ritories began to extend full or limited
suffrage to women. Then, in 1920 the PASSED BY CONGRESS JUNE 4, 1919. RATIFIED AUGUST 18, 1920.
Nineteenth Amendment prohibited the
United States or any state from denying
Clause 1 The right of citizens of the United States to vote shall
women the right to vote. not be denied or abridged by the United States or by any State on
Critical Thinking
account of sex.
How does the right of women to vote
Clause 2 Congress shall have power to enforce this article by
affect politics today?
appropriate legislation.
AMENDMENT XX AMENDMENT XX “LAME DUCK” SESSIONS (1933)
Article I, Section 4, of the Constitution was PASSED BY CONGRESS MARCH 2, 1932. RATIFIED JANUARY 23, 1933.
modified by Section 2 of this amend-
ment. In addition, a portion of the Twelfth Section 1 The terms of the President and the Vice President shall
Amendment was superseded by Section 3.
end at noon on the 20th day of January, and the terms of Senators
Constitutional Insight Why is
the Twentieth Amendment usually
and Representatives at noon on the 3d day of January, of the years
called the “Lame Duck” amend- in which such terms would have ended if this article had not been
ment? A lame duck is a person who ratified; and the terms of their successors shall then begin.
continues to hold office after his or her
replacement has been elected. Such a Section 2 The Congress shall assemble at least once in every
person is called a lame duck because he year, and such meeting shall begin at noon on the 3d day of
or she no longer has
any strong political influence. The Twen- January, unless they shall by law appoint a different day.
tieth Amendment reduces
the time between the election of a new Section 3 If, at the time fixed for the beginning of the term of the
president and vice-president President, the President elect shall have died, the Vice President
in November and their assumption elect shall become President. If a President shall not have been
of the offices, which it sets at
January 20 instead of March 4. It also
chosen before the time fixed for the beginning of his term, or if
reduces the time new members of Con- the President elect shall have failed to qualify, then the Vice Presi-
gress must wait to take their seats from dent elect shall act as President until a President shall have quali-
four months to about two months. They
are now seated on January 3 following
fied; and the Congress may by law provide for the case wherein
the November election. As a result, the neither a President elect nor a Vice President shall have quali-
lame duck period is now quite short. fied, declaring who shall then act as President, or the manner in
Critical Thinking which one who is to act shall be selected, and such person shall act
Why may the framers have specified a accordingly until a President or Vice President shall have qualified.
longer lame duck period?

190 Module 4
 Section 4 The Congress may by law provide for the case of the
death of any of the persons from whom the House of Representa-
tives may choose a President whenever the right of choice shall
have devolved upon them, and for the case of the death of any of
the persons from whom the Senate may choose a Vice President
whenever the right of choice shall have devolved upon them.
Section 5 Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Section 6 This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legis-
latures of three-fourths of the several States within seven years
from the date of its submission.
AMENDMENT XXI AMENDMENT XXI REPEAL OF PROHIBITION (1933)
Constitutional Insight What PASSED BY CONGRESS FEBRUARY 20, 1933. RATIFIED DECEMBER 5, 1933.
is unique about the Twenty-First
Amendment? Besides being the Section 1 The eighteenth article of amendment to the Constitu-
only amendment that explicitly repeals tion of the United States is hereby repealed.
another, it was the first, and is so far
the only one, to have been ratified by Section 2 The transportation or importation into any State,
the state convention method outlined
in Article V. Congress, probably fearing Territory, or Possession of the United States for delivery or use
that state legislatures would not deal therein of intoxicating liquors, in violation of the laws thereof, is
swiftly with the issue of repeal, chose to hereby prohibited.
have each state call a special conven-
tion to consider the amendment. The Section 3 This article shall be inoperative unless it shall have been
strategy worked well, for the elected ratified as an amendment to the Constitution by conventions in
delegates to the conventions repre-
sented public opinion on the issue and the several States, as provided in the Constitution, within seven
ratified the amendment without delay. years from the date of the submission hereof to the States by the
Critical Thinking Congress.
Why is it necessary to pass another
amendment to revoke or remove an
AMENDMENT XXII LIMIT ON PRESIDENTIAL TERMS (1951)
existing amendment? PASSED BY CONGRESS MARCH 21, 1947. RATIFIED FEBRUARY 27, 1951.

Section 1 No person shall be elected to the office of the Presi-

dent more than twice, and no person who has held the office
of President, or acted as President, for more than two years of
a term to which some other person was elected President shall
be elected to the office of President more than once. But this
Article shall not apply to any person holding the office of Presi-
dent when this Article was proposed by Congress, and shall not
prevent any person who may be holding the office of President,
or acting as President, during the term within which this Article
becomes operative from holding the office of President or acting
as President during the remainder of such term.
Section 2 This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legis-
latures of three-fourths of the several States within seven years
from the date of its submission to the States by the Congress.

The U.S. Constitution 191

 AMENDMENT XXIII AMENDMENT XXIII VOTING IN DISTRICT OF COLUMBIA (1961)
Constitutional Insight Why PASSED BY CONGRESS JUNE 16, 1960. RATIFIED MARCH 29, 1961.
were residents of the District of
Columbia without a vote in presi- Section 1 The District constituting the seat of Government of
dential elections? First, the district the United States shall appoint in such manner as Congress may
was merely an idea at the time the Con-
stitution was written. Second, no one direct:
expected the district to include many
residents. Third, the framers designed
A number of electors of President and Vice President equal to
the electoral college on a state frame- the whole number of Senators and Representatives in Congress
work. By 1960, however, the fact that to which the District would be entitled if it were a State, but
nearly 800,000 Americans living in the
nation’s capital could not vote in presi-
in no event more than the least populous State; they shall be
dential elections was an embarrass- in addition to those appointed by the States, but they shall be
ment. The Twenty-Third Amendment considered, for the purposes of the election of President and
gives Washington, DC, residents the
right to vote in presidential elections by
Vice President, to be electors appointed by a State; and they shall
assigning them electoral votes. meet in the District and perform such duties as provided by the
Critical Thinking
twelfth article of amendment.
Do you think the District of Columbia Section 2 The Congress shall have power to enforce this article
should be made a separate state?
by appropriate legislation.
AMENDMENT XXIV AMENDMENT XXIV ABOLITION OF POLL TAXES (1964)
Constitutional Insight Why PASSED BY CONGRESS AUGUST 27, 1962. RATIFIED JANUARY 23, 1964.
was the poll tax an issue important
enough to require an amend- Section 1 The right of citizens of the United States to vote in
ment? The poll tax was used in some any primary or other election for President or Vice President, for
places to prevent African American vot-
ers—at least the many who were too electors for President or Vice President, or for Senator or Rep-
poor to pay the tax—from participating resentative in Congress, shall not be denied or abridged by the
in elections. As the civil rights move- United States or any State by reason of failure to pay poll tax or
ment gained momentum, the abuse of
the poll tax became a major issue, but other tax.
the national government found it dif-
ficult to change the situation because
Section 2 The Congress shall have power to enforce this article
the constitutional provisions in Article by appropriate legislation.
I, Section 4, leave the qualifications of
voters in the hands of the states. The AMENDMENT XXV PRESIDENTIAL DISABILITY,
Twenty-Fourth Amendment changed SUCCESSION (1967)
this by prohibiting the United States or
PASSED BY CONGRESS JULY 6, 1965. RATIFIED FEBRUARY 10, 1967.
any state from including payment of
any tax as a requirement for voting. Section 1 In case of the removal of the President from office
Critical Thinking or of his death or resignation, the Vice President shall become
What impact do you think the Twenty- President.
Fourth Amendment has had on
elections? Section 2 Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who
AMENDMENT XXV
shall take office upon confirmation by a majority vote of both
Article II, Section 1, of the Constitu-
tion was affected by the Twenty-Fifth Houses of Congress.
Amendment.
Section 3 Whenever the President transmits to the President
pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he trans-
mits to them a written declaration to the contrary, such powers
and duties shall be discharged by the Vice President as Acting
President.

192 Module 4
 Section 4 Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the Pres-
ident pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President pro
AMENDMENT XXVI tempore of the Senate and the Speaker of the House of Represen-
Amendment XIV, Section 2, of the Consti- tatives his written declaration that no inability exists, he shall
tution was modified by Section 1 of the resume the powers and duties of his office unless the Vice Presi-
Twenty-Sixth Amendment. dent and a majority of either the principal officers of the execu-
Constitutional Insight Why tive department or of such other body as Congress may by law
was the Twenty-Sixth Amendment
passed? Granting 18-year-olds the provide, transmit within four days to the President pro tempore
right to vote became a major issue in of the Senate and the Speaker of the House of Representatives
the 1960s, during the Vietnam War, their written declaration that the President is unable to dis-
when people questioned the justice of
requiring 18-year-old men to submit charge the powers and duties of his office. Thereupon Congress
to the military draft but refusing them shall decide the issue, assembling within forty-eight hours for
the right to vote in federal elections. In that purpose if not in session. If the Congress, within twenty-
1970 Congress passed a voting rights
act giving 18-year-olds the right to vote
one days after receipt of the latter written declaration, or, if Con-
in elections. When the constitutionality gress is not in session, within twenty-one days after Congress
of this act was challenged, the Supreme is required to assemble, determines by two-thirds vote of both
Court decided that states had to honor
the 18-year-old vote for congres-
Houses that the President is unable to discharge the powers and
sional and presidential elections but duties of his office, the Vice President shall continue to discharge
could retain higher age requirements the same as Acting President; otherwise, the President shall
for state and local elections. To avoid
confusion at the polls, the Twenty-Sixth
resume the powers and duties of his office.
Amendment was passed. It guaran-
tees 18-year-olds the right to vote in
AMENDMENT XXVI 18-YEAR-OLD VOTE (1971)
national and state elections. PASSED BY CONGRESS MARCH 23, 1971. RATIFIED JULY 1, 1971.
Critical Thinking Section 1 The right of citizens of the United States, who are
Do you think 18-year-olds should have
eighteen years of age or older, to vote shall not be denied or
the right to vote? Why or why not?
abridged by the United States or by any State on account of age.
AMENDMENT XXVII Section 2 The Congress shall have power to enforce this article
Constitutional Insight How by appropriate legislation.
long did it take to ratify this amend-
ment? Although the Twenty-Seventh AMENDMENT XXVII CONGRESSIONAL PAY (1992)
Amendment was one of the 12 amend-
PROPOSED BY CONGRESS SEPTEMBER 25, 1789. RATIFIED MAY 7, 1992.
ments proposed in 1789 as part of the
Bill of Rights, it was not ratified until No law, varying the compensation for the services of the Sena-
1992. This amendment, which deals
with congressional compensation, tors and Representatives, shall take effect, until an election of
allows the members of Congress to representatives shall have intervened.
increase congressional pay, but delays
the increase until after a new Congress
is seated.

Critical Thinking
Do you think members of Congress
should be able to vote themselves a pay
increase? Explain your answer.

The U.S. Constitution 193

Module 4 Assessment
Key Terms and People Ratifying the Constitution
For each term or person below, write a sentence 9. What were the arguments for and against
explaining its significance for the United States in ratifying the Constitution?
the 1780s. 10. What was The Federalist, and what effect did
1. republic this publication have on ratification?
2. Articles of Confederation 11. Why did the states ratify the Constitution
once a bill of rights was promised?
3. Land Ordinance of 1785
12. What two documents influenced the writ-
4. Shays’s Rebellion
ing of the Bill of Rights?
5. James Madison
6. checks and balances The Constitution of the United States
7. electoral college 13. Why does the legislative branch of the
government represent the people most
8. Federalist
directly? What is the principal job of this
9. Antifederalist
branch?
10. Bill of Rights
14. Who officially elects the president of the
United States? Explain.
Main Ideas
15. What kinds of cases go before the Supreme
Use your notes and the information in the module Court? Why is the Court’s decision whether
to answer the following questions. to hear a case important?
The Articles of Confederation 16. How does Article VI establish the suprem-
1. Why did the new states prefer a repub- acy of the Constitution?
lic rather than a democracy for their
government? Critical Thinking
2. Why did the states fear a strong central 1. Categorize Create a chart to list the
government? beliefs and goals of the Federalists and
3. How did the Northwest Ordinance of 1787 Antifederalists.
affect slavery and public education? Beliefs Goals
4. In what ways was the Confederation too Federalists
weak to handle the nation’s problems? Antifederalists
Drafting the Constitution
5. What issues and events led to the Constitu- 2. Develop Historical Perspective How might
tional Convention? the United States have developed if the
6. In what ways did compromise play a critical Articles of Confederation had continued to
role in the drafting of the Constitution? provide the basis for government?
7. Why was the slave trade an issue at the 3. Make Inferences In what ways was the
Constitutional Convention? land of the Northwest Territory distributed
8. Briefly explain the separation of powers democratically?
established by the Constitution. 4. Summarize How does the Constitution
reflect the fear of too strong a central
government?

194 Module 4
Module 4 Assessment, continued
5. Evaluate The Bill of Rights guarantees a Focus on Writing
defendant a speedy, public trial. Do you Do research on differing views of republican-
think it is being observed today? Explain. ism in the early national period using second-
6. Analyze Motives Why did the framers make ary sources. Recall that a secondary source
it so difficult to amend the Constitution? Do interprets or analyzes a primary source, which
you agree or disagree with their philoso- is an eyewitness or firsthand account of history.
phy? Explain. Include republicanism in relation to the Con-
7. Develop Historical Perspective The Fif- stitution and limited government. Find sources
teenth, Nineteenth, and Twenty-Sixth and write a paragraph summarizing them.
Amendments give voting rights to specific
groups. Why was it necessary for Con- Collaborative Learning
gress to spell out these groups’ rights in
Organize into pairs and choose an issue debated
amendments?
at the Constitutional Convention. Read the sec-
8. Evaluate Find a specific part of the Con- tion of the Constitution that contains the final
stitution and develop an argument that it compromise as well as documents that show the
would have helped address a problem fac- various sides of the issue before a compromise
ing the United States in the 1780s. was reached. Then prepare a debate of the issue
9. Synthesize Explain a portion of the Con- to present to the class. Each partner should draft
stitution’s Bill of Rights in terms of how it a three-minute speech defending one side of
reflects Enlightenment ideas. the issue. The opposing partner should give a
short rebuttal after each point of view is pre-
Engage with History sented. Have the class evaluate the two sides
Imagine you are living in the 1780s. Write an of the argument before you remind your class-
article for either The Federalist or Letters from the mates how the issue was resolved.
Federal Farmer, arguing either for or against giv-
ing the national government more power.

The U.S. Constitution 195