United States Constitution

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United States Constitution

• A Constitution is a country's plan of government.
  The discussion of the US Constitution focuses on
  the features that make our plan of government
  unique and enduring.

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Articles of Confederation (1781-1789) served as
the foundation for this first attempt at a
national government and while a failure, it was
the lessons learned under the articles that
helped strengthen the government formed by the
Constitution
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Legislative BranchThe legislative branch of US
government is the US Congress, created by article
I of the Constitution. The upper-house of
Congress is the US Senate, the lower-house is the
House of Representatives.

• Main roles and powers
• To pass legislation (laws)
• Declare war
• Regulate trade
• Regulate money
• Impeach federal officials
• Override presidential vetoes (2/3 vote in each
  house)

• Senate
• Representation Each state has 2 Senators
• House of Representatives
• Representation Each state's number of
  representatives is proportional to population.
  The number of Representatives is fixed at 435 and
  division among the states is determined by the
  census (population count) conducted ever 10 years
  as required by the Constitution.

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Executive BranchThe executive branch of US
government is composed of the President, his
advisors and all federal agencies and their
heads. The executive was created by article II of
the Constitution.

• Chief Executive
• Enforce the laws passed by Congress
• Issue executive orders, enforcing the law
• Act as the head of the federal bureaucracy and
  all federal agencies
• Nominate judges (including those to the Supreme
  Court, requiring Senate confirmation)
• Appoint government officials (some requiring
  Senate confirmation, some not)
• Chief Diplomat
• Act a representative of the United States to
  foreign governments
• Make treaties with foreign nations (require 2/3
  vote in Senate for approval)
• Extend or rescind diplomatic recognition of
  foreign nations

• Chief Legislator
• Propose a federal budget
• Recommend proposed laws to Congress
• Veto legislation
• Approve legislation passed by Congress
• Commander-in-Chief of Armed Forces
• Supreme commander of all branches of US military
• Authorize use of US military for up to 60 days
  (without approval of Congress or declaration of
  war)
• Chief of State
• Serve as ceremonial head of US Government
• Judicial
• Grant pardon (forgiving an individual of his/her
  crime(s))
• Grant amnesty (forgiving a group of people of a
  specific class of crime)

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Judicial BranchThe judicial branch of US
government is composed of the Supreme Court and
all of the lower federal courts as created by
Congress. The judicial branch was created by
article III of the Constitution. The most
significant power of the judicial branch is that
of judicial review, first stated by Chief Justice
John Marshall in the 1803 case of Marbury vs.
Madison, but not expressly granted the court by
the Constitution.

• Main roles and powers
• Interpret the law
• Exercise the power of judicial review
• Chief Justice presides over trials of
  presidential impeachment
• Judicial review
• Determine if laws passed by Congress are
  allowable by the Constitution
• Determine if treaties negotiated by the President
  and approved by the Senate are allowable by the
  Constitution
• Determine if actions by the President in
  enforcing the law are allowable by the
  Constitution
• Determine if laws passed by states are allowable
  by the Constitution

• Jurisdiction (Supreme Court)
• The Supreme Court hears cases of appeal from
  lower federal and state courts
• The Supreme Court has original jurisdiction (may
  hear a case first) in cases involving a state vs.
  state matter or a branch vs. branch matter
• Requirements and terms of service
• Terms Judges serve for life, they are nominated
  by the president and approved by the Senate but
  may be removed by an impeachment proceeding
• Requirements There are no specific requirement
  for judgeship in the Constitution

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Checks and Balances

• Executive Branch Checks on the Legislative Branch
• President has the power to veto laws passed by
  the Congress
• Proposes laws to Congress
• Submits the Federal Budget to the House of
  Representatives
• Appoints federal officials, who carry out and
  enforce laws

• Executive Branch Checks on the Judicial Branch
• Nominates judges to the Supreme Court
• Nominates judges to the federal court system
• President has the power to pardon individuals
  convicted of crimes
• President can grant amnesty, forgiving a class of
  crime

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• Legislative Branch Checks on the Executive Branch
• Congress can overturn a Presidential veto with a
  2/3 vote of both houses
• Senate can reject proposed treaties (2/3 vote to
  approve)
• Senate can reject presidential nominations of
  federal officials or judges
• Congress can impeach and remove the President
  (House serves as prosecution, Senate serves as
  jury)

• Legislative Branch Checks on the Judicial Branch
  
• Congress can create lower courts
• Senate can reject nominees to the federal
  courts/Supreme Court
• Congress can amend the Constitution to overturn
  decisions of the Supreme Court
• Congress can impeach judges and remove from the
  bench

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• Judicial Branch Checks on the Executive Branch
• Supreme Court can use the power of judicial
  review to rule laws unconstitutional

• Judicial Branch Checks on the Legislative Branch
  
• Supreme Court can use the power of judicial
  review to rule presidential actions
  unconstitutional
• Supreme Court can use the power of judicial
  review to rule treaties unconstitutional

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FederalismBalancing of power between a Federal
Government and State Governments

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Question 1

• Which method was used in developing the United
  States Constitution at the Constitutional
  Convention of 1787?
• Individual citizens in each state voted on each
  section of the Constitution.
• Representatives of the English King participated
  in the writing of the Constitution.
• Delegates from the smallest states wrote the
  Constitution.
• The delegates reached a series of compromises to
  settle their differences of opinion.

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Question 2

• As a basis of government in the United States,
  the Federal Constitution has been successful
  because it is
• used by other countries
• flexible and can be changed
• based on the ideas of European kings
• opposed to the commercial interests of cities and
  towns

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Question 3

• A major task facing the delegates to the
  Constitutional Convention in 1787 was to create a
  government powerful enough to get things done but
  not so powerful that the government would
• become more powerful than the church
• become too costly
• threaten the rights of the people
• discourage people from running for office

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Question 4

• What do the hats in this cartoon represent?
• the official titles the President holds after
  leaving office
• the different roles a President has while in
  office
• the political offices a person must hold before
  becoming President
• the different positions a President must fill
  with qualified people

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Question 5

• An important principle of the United States
  Constitution is that
• states have no basic right to act on their own
• a one-house legislature is the most democratic
  type of representation
• the President should have absolute power
• limits must be placed on governmental power

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Question 6

• To become official, the United States
  Constitution had to be ratified by elected
  delegates in at least nine states. This
  requirement is an example of which principle of
  government?
• All people are equal under the law.
• Government gets its power from the consent of the
  people.
• Government needs a system of checks and balances.
• Confederation is better than federation.

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Question 7

• Which statement about the United States
  Constitution is an opinion?
• The New York State Constitution served as a model
  for the development of the United States
  Constitution.
• The writing of the constitution involved a series
  of compromises.
• The United States Constitution was drawn up
  because many people were dissatisfied with the
  Articles of Confederation.
• The United States Constitution is the best
  working plan of government in the world.

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Question 8

• A major argument against ratification of the
  United States Constitution in 1787 was that it
• gave too much power to state government
• was not based on compromises
• did not contain a bill of rights
• established a legislative branch of government

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Question 9

• The dispute over representation in Congress
  between large and small states was settled in the
  United States Constitution by
• forming the electoral college
• establishing the reserved powers
• adopting the Three-Fifths Compromise
• creating a two-house legislature

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Question 10

• The United States Constitution established a
  government based on the basic concepts of
  separation of powers and checks and balances. The
  authors of the Constitution included these two
  concepts because they
• continue concepts from the Articles of
  Confederation
• ensure that government branches would operate
  without disagreement
• give most of the power to the executive branch
• prevent any one branch of government from
  becoming too powerful

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Question 11

• The elastic clause and the amending procedure in
  the United States Constitution have often been
  used to
• give more power to the President
• allow the government to adjust to changing times
• limit the role of minorities in government
• limit democracy in the United States

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Question 12

• A constitution is best described as a
• government's plan for getting and spending money
• military plan of attack
• plan to get candidates elected to office
• plan describing the organization and operation of
  a government

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Question 13

• Which statement best explains the great number of
  disagreements between delegates to the
  Constitutional Convention in 1787?
• Most of the delegates had little experience in
  government.
• The delegates did not have enough time to
  consider different points of view.
• The delegates represented states with very
  different needs and interests.
• Most of the delegates opposed doing away with the
  Articles of Confederation.

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Question 14

• Which part of the United States Government
  resulted from the Great Compromise on the issue
  of representation?
• Supreme Court
• Presidency
• Congress
• Cabinet

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Question 15

• The United States Constitution established a
  government based on the basic concepts of
  separation of powers and of checks and balances
  The authors of the Constitution wanted to
• insure that government branches would operate
  without disagreement
• prevent any one branch of government from
  becoming too powerful
• give most of the power to the executive branch
• continue concepts from the Articles of
  Confederation

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Question 16

• Although times have changed, the United States
  Constitution has survived because the writers of
  the Constitution
• provided for a system that would never need
  changing
• did not limit the power of the government
• included ways to adjust to change
• accurately predicted the problems that would
  arise

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Question 17

• By which process can the United States
  Constitution be changed?
• Resolution
• Amendment
• legislative hearing
• veto

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Question 18

• Congress could not levy and collect taxes.
• Congress could not regulate interstate or
  foreign trade.
• There was no national court system to settle
  disputes.
• The thirteen separate states lacked national
  unity. Which document is characterized by these
  statements?
• Northwest Ordinance
• United States Constitution
• Articles of Confederation
• Federalist Papers

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Question 19

• Supreme Court decisions based on First Amendment
  issues usually involve the
• control of big business
• rights of individuals
• corruption in government
• collection of taxes on income

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Question 20

• The case Marbury v. Madison was a landmark
  Supreme Court decision because it
• increased the power of the Federalists in the
  legislative branch
• resulted in an increase in the number of Supreme
  Court justices
• established the power of the Supreme Court to
  declare a law unconstitutional
• reinforced the power of the president as
  commander in chief

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Questions 21

• At the Constitutional Convention, the Great
  Compromise settled the dispute over
• representation in Congress
• the issue of slavery
• the presidential veto power
• judicial review

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Questions 22

• Delegates at the Constitutional Convention of
  1787 agreed to the Three-Fifths Compromise as a
  way to
• settle differences over representation in
  Congress
• establish term lengths for senators
• provide legal rights for women
• limit the power of the president

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Question 23

• The Preamble of the United States Constitution
  says that the power to govern originates with the
• States
• President
• Supreme Court
• people

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Questions 24

• During the struggle over ratification of the
  Constitution, Federalists and Anti-Federalists
  disagreed mainly over the
• wisdom of maintaining friendship with England
• election of George Washington as the first
  president
• need for the continuation of slavery
• division of power between the national government
  and the states

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Questions 25

• Which statement illustrates the system of checks
  and balances at work?
• The president sends American troops on a
  peacekeeping mission to Europe.
• Congress passes a law regulating the sale of
  handguns.
• The governor of New York discusses policy with
  the president.
• The Senate refuses to approve the president's
  choice for a Supreme Court justice

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Question 26

• Delegates to the Constitutional Convention of
  1787 wrote a new constitution because
• the Revolutionary War was over
• they believed that a stronger central government
  was necessary
• they wanted to increase the power of the states
• the Articles of Confederation were about to
  expire

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Question 27

• -The president appoints new members to the
  Supreme Court.
• -The Senate must approve presidential
  appointments to the Supreme Court.
• -The Supreme Court can declare laws made by
  Congress unconstitutional.
• Which constitutional principle do these
  statements illustrate?
• federal supremacy
• Flexibility
• Federalism
• checks and balances

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Question 28

• In this debate between Speaker A and Speaker B,
  Speaker A would most likely agree that the
  leaders of the nation should
• limit the right to vote to property owners
• establish a monarchy
• add a bill of rights to the Constitution
• increase the power of the federal government

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CORRECT!!!!!!!!

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• Questions 15
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• Questions 19
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• Questions 21
• Questions 22
• Questions 23
• Questions 24
• Questions 25
• Question 26
• Question 27
• Question 28

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INCORRECT!!!!!!!!

• Question 1
• Question 2
• Question 3
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• Question 5
• Question 6
• Question 7
• Question 8
• Question 9
• Question 10
• Question 11
• Question 12
• Question 13
• Question 14

• Question 15
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• Question 17
• Question 18
• Question 19
• Question 20
• Question 21
• Question 22
• Question 23
• Question 24
• Question 25
• Question 26
• Question 27
• Question 28