Chapter 5 Resources APPLICATION AND ENRICHMENT. Linking Past and Present Activity 5. Name Date Class

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1 Copyright by The McGraw-Hill Companies, Inc. Name Date Class Copyright by The McGraw-Hill Companies, Inc Thirteenth Amendment abolishes slavery Twelfth Amendment 1868 Fourteenth requires electors to vote Amendment guarantees equal rights for a president and vicepresident. and protection to all citizens Bill of Rights is added to the Constitution Fifteenth Amendment gives men of every race the right to vote Sixteenth Amendment 1951 Twenty-second gives federal government the Amendment limits president to two terms of office. power to collect income taxes Eighteenth Amendment prohibits the manu- Amendment sets the 1971 Twenty-sixth facture, sale, and voting age at 18 years. transportation of liquor Seventeenth 1933 Twenty-first Amendment allows Amendment repeals senators to be elected the Eighteenth by popular vote. Amendment Nineteenth Amendment gives women the right to vote. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America Twenty-seventh Amendment regulates when pay increases to members of Congress take effect. brutish: animalistic, without the power of reason censure: strong disapproval and criticism suffer me: allow me (continued) Chapter 5 Resources Timesaving Tools Interactive Teacher Edition Access your Teacher Wraparound Edition and your classroom resources with a few easy clicks. Interactive Lesson Planner Planning has never been easier! Organize your week, month, semester, or year with all the lesson helps you need to make teaching creative, timely, and relevant. Use Glencoe s Presentation Plus! multimedia teacher tool to easily present dynamic lessons that visually excite your students. Using Microsoft PowerPoint you can customize the presentations to create your own personalized lessons. TEACHING TRANSPARENCIES Graphic Organizer 5 Why It Matters Chapter Transparency 5 Linking Past and Present Activity 5 APPLICATION AND ENRICHMENT Enrichment Activity 5 Primary Source Reading 5 Graphic Organizer 5: Venn Diagram W hy It Matters A Balance of Power Chapter 5 Name Date Class Linking Past and Present Activity 5 How to Elect a President As the delegates shaped the Constitution at the 1787 convention, one decision they had to make was how to elect a president for the new union. They wanted the people to have direct input, and they saw two ways to do this. The people in the entire nation could vote, and the winner of the popular vote would be the president. As an alternative, the people of each state could elect members of Congress, and those representatives could elect the president. The Founders saw dangers in direct popular election. With no organized political parties yet, there was no way to limit the number of candidates. Also, travel and communication was difficult at the time. A candidate could be popular in one region but unknown elsewhere. The result could be a highly fragmented national vote, with everyone voting for the local favorite. The winner would then not reflect the wishes of the nation as a whole. The Founders also saw dangers in allowing members of Congress to elect the president. Their votes might reflect their own agendas and political deals than the will of the people they represented. As a compromise, the founders set up an indirect system the Electoral College. The people would vote for electors from their state. The electors would be politically informed people who would cast their vote for a president based on merit. T H E N The Electoral College system still works much as the founders designed it. Today, as then, each state is allocated a number of electors equal to the number of its representatives in the Senate and House. With 100 senators and 435 representatives in Congress, plus 3 electors for the District of Columbia, the total Electoral College vote is 538. A majority elects the president. Therefore, it takes 270 electoral votes to win. Unlike the original plan, however, electors today have little power. Political parties choose electors who are pledged to vote for that party s candidate. When you vote for president, you are actually choosing a party s electors. In most states, the winner of the popular vote wins all the state s electors. Over the years, critics have argued for change. With today s communications, the people are better informed. Also, because the winner takes all the state s electoral votes, a candidate could win the presidency while losing the national popular vote. In fact, this occurred three times, most recently in Supporters argue that the system provides stability by encouraging the two-party system. Multiple parties could fragment the vote, leading to a president who might win only a small percentage of the popular vote. Because the state winner takes all electors, splinter parties have little chance. Also, the system enhances national unity by requiring a wide distribution of popular support to win. N O W CRITICAL THINKING Directions: Answer the questions below on a separate sheet of paper. 1. Determining Cause and Effect It is possible for a candidate to win the presidency by winning only 11 states and losing the other 39. How can this be? 2. Making Judgments The Electoral College system supports the two-party political system in this country. Is this good or bad? Support your answer. 3. Analyzing Information Before the 12th Amendment in 1804, electors cast their votes for individual candidates. The majority winner became president, and the runner-up became vice president. What problems might this system cause? Copyright by The McGraw-Hill Companies, Inc. Name Date Class Enrichment Activity 5 Creating a Constitution The framers of the Constitution chose ment but did not allow the government to their words carefully as they laid out a raise taxes or regulate trade. Under the blueprint for the nation in Philadelphia Articles of Confederation, the country in America s leaders knew the country threatened to separate into 13 individual needed a document that would unify and states. In 1787 delegates from all of the strengthen the new nation, but they wanted states except Rhode Island met in a constitution that would not infringe on Philadelphia to rewrite the Articles of the rights of the people. The Articles of Confederation. They eventually wrote a Confederation, enacted in November 1777, new document, the Constitution of the united the colonies under a central govern- United States of America. DIRECTIONS: Read the Preamble to the Constitution. Consider why the framers of the Constitution felt that the ideas in the Preamble were important for the survival of the new country. Then answer the questions that follow. 1. What constitutes justice? The Constitution of the United States Preamble 2. What is meant by domestic tranquility? Questions to Consider 3. How would a government promote general welfare? 4. What is meant by secure the Blessings of Liberty? Why would this be important to the framers of the Constitution? 5. How would the new government provide for the common defense? 6. GO A STEP FURTHER Collect current media images that represent each of the ideas in the Preamble of the Constitution. Present your collection in a creative way. Be prepared to explain your choices. Copyright by The McGraw-Hill Companies, Inc. Copyright by The McGraw-Hill Companies, Inc. Name Date Class Primary Source Reading 5-1 A Plea for Universal Freedom About the Selection Few objections to the enslavement of African Americans were as eloquent as those written by Benjamin Banneker, a free African American, shortly after the Constitution was ratified. Banneker was among the most remarkable Americans of the 1700s. He was a mechanical and mathematical genius, wrote and published popular almanacs, and was one of the three people who surveyed the land for and planned the city of Washington, D.C. Banneker wrote the following in a letter to Thomas Jefferson (1790). The letter so impressed Jefferson that he sent it and Reader s Dictionary an almanac to the Secretary of the Academy of Sciences in Paris. GUIDED READING As you read, note the reason Banneker gives for claiming all people are equal. Then answer the questions that follow. e are a race of beings, who have long labored under the abuse and cen- of the world; that we have long been looked upon with the eye of Wsure contempt; and that we have long been considered rather as brutish than human, and scarcely capable of mental endowments. Sir, I hope I may safely admit, in consequence of that report which has reached me, that you are a man less inflexible in sentiments of this nature... and that you are willing and ready to lend your aid and assistance to our relief, from those many distresses, and natural calamities, to which we are reduced. Now Sir, if this is founded in truth, I apprehend you will embrace every opportunity, to eradicate that train of absurd and false ideas and opinions which so generally prevails with respect to us; and that your sentiments are concurrent with mine, which are, that one universal Father hath given being to us all; and that he hath not only made us all of one flesh, but that he hath also, without partiality, afforded us all the same sensations and endowed us all with the same faculties; and that however variable we may be in society or religion, however diversified in situation or color, we are all in the same family and stand in the same relation to him.... I hope you cannot but acknowledge, that it is the indispensable duty of those, who maintain for themselves the rights of human nature, and who possess the obligations of Christianity, to extend their power and influence to the relief of every part of the human race, from whatever burden or oppression they may unjustly labor under;... REVIEW AND REINFORCEMENT Reteaching Activity 5 Vocabulary Activity 5 Time Line Activity 5 Critical Thinking Skills Activity 5 Name Date Class Name Date Class Name Date Class Reteaching Activity 5 Vocabulary Activity 5 Time Line Activity 5 Critical Thinking Skills Activity 5 Making Inferences Copyright by The McGraw-Hill Companies, Inc. Creating a Constitution, The Articles of Confederation produced a weak central government. Struggling with recession and inflation, strained relationships with Britain and Spain, and internal revolts, the U.S. threatened to dissolve. Delegates gathered to determine how to preserve both the union and state independence. The result was the creation of a new Constitution. DIRECTIONS: Explain how the Constitutional Convention resolved each of the following conflicts during the creation and ratification of the new Constitution. 1. Modification of Articles of Confederation versus new constitution: 2. Equal representation for large and small states: 3. How to count enslaved people for purposes of taxation and representation in Congress: 4. The existence of the slave trade: 5. Limited government and balance of power: 6. National government versus state government (Federalists versus Antifederalists): 7. Critical Thinking George Washington presided over the Constitutional Convention. His leadership was critical to its success. Identify two qualities of presidential leadership he possessed that are crucial to the success of current presidents. Creating a Constitution, DIRECTIONS: Fill in the missing words in the clues below, and circle each word in the puzzle. Then answer the question at the bottom of the page. N C K D I M P U L A R S T O B A C R L V S M E T D O P L A T E N N W S A L V I V R E A N H M B A M E N D M E N T G P T R O S K L A C O R N Y O S L I L T V U K W N E S Y M R H S F E D E R A L I S T K I C H E E T O O R M G P A R L A E D B D H T L S N X D N I E F E R W E M E A T R U P U P S R Y O N R T V Y P T B D M J A M K I G A V E S Y T R I E L M L Y R I L F T B U D D R I N G E M A N I C T N O I S S E C E R H O R S P L I B L M R E S T R U S M T CLUES 1. A tax on imports is referred to as a tax. 2. A was a supporter of the Constitution. 3. An was an opponent of the Constitution. 4. A change to the Constitution is called an 5. An economic slowdown is known as a 6. Popular describes a government that is subject to the will of the people. 7. When you a public official, you formally charge him with misconduct. 8. The power of the president to reject laws of Congress is called power. 9. A political system in which power is divided between national and state governments is known as. 10. On a separate sheet of paper, write a paragraph about the framework of our system of government using the following terms: checks and balances, separation of powers, executive branch, legislative branch, judicial branch. Copyright by The McGraw-Hill Companies, Inc. Copyright by The McGraw-Hill Companies, Inc. Amendments to the Constitution The framers of the Constitution provided a way to make small changes to the Constitution. Congress has made 27 such changes, or amendments, to the Constitution since it was signed in The first 10 amendments were adopted at the same time. These amendments are known as the Bill of Rights because most of them deal with the rights of individuals. DIRECTIONS: Read the time line. Then answer the questions below In what year was the Bill of Rights adopted? 2. Which two amendments deal with the right to vote, and what groups are given this right in each amendment? 3. One amendment repeals, or reverses, a former amendment. Name the original amendment and the issue it dealt with, the amendment that repeals it, and how many years passed between the two amendments. 4. Which amendment is the most recent and in what year was it approved? 5. In what year was the federal government given the power to collect income taxes? 6. Which two amendments deal with the procedures for electing our leaders? 7. In what year was the voting age lowered to 18? 8. In what year was the amendment approved that limits the president to serving two terms of office? LEARNING THE SKILL In reading and in conversation, sometimes the facts are stated directly and conclusions can easily be drawn. At other times, however, all the facts are not stated so clearly. In these instances, you must draw conclusions based on the evidence at hand. This is called making an inference. Making an inference involves combining the known facts at hand and your general knowledge and experience to form a reasonable conclusion. Use the following guidelines to help you make inferences: Read or listen carefully to the material. Identify, confirm, and summarize the clearly stated facts. Use the available information to decide what inferences or conclusions, if any, you can make. PRACTICING THE SKILL DIRECTIONS: Read the excerpt below from The Federalist No. 10 by James Madison and the statements that follow. Mark T if the statement can be inferred to be true from the information in the excerpt; F if the statement can be inferred to be false; or N if no valid inference can be made. By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated [moved to action] by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate [collective] interests of the community. There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects. There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests. It could never be more truly said than of the first remedy, that it is worse than the disease. Liberty is to faction what air is to fire, an aliment [sustenance] without which it instantly expires.... The second expedient is as impracticable as the first would be unwise. As long as the reason of man continues fallible [e.g., capable of making a mistake], and he is at liberty to exercise it, different opinions will be formed Madison believed that faction was a desirable consequence of a free society. 2. Madison believed that faction was inevitable in a free society. 3. Madison thought that free citizens would always behave reasonably. 4. Madison did not think there was any way to control the effects of faction. 5. Madison did not always admire the will of the majority. Copyright by The McGraw-Hill Companies, Inc. Meeting NCSS Standards Local Standards The following standards are highlighted in Chapter 5: Section 1 VI Power, Authority, and Governance: B, C, F, I Section 2 I Culture: B, C Section 3 VI Power, Authority, and Governance: B, C, D, E, F, I 156A

2 Score (continued) R R Legislative Score Branches of Government Executive Judicial (continued) Social Studies Objective: The student will analyze information by comparing and contrasting. Chapter 5 Resources ASSESSMENT AND EVALUATION Chapter 5 Test Form A Chapter 5 Test Form B Standardized Test Skills Practice Workbook Activity 5 Performance Assessment Activities and Rubrics 5 ExamView Pro Testmaker CD-ROM Copyright by The McGraw-Hill Companies, Inc. Name Date Class Chapter 5 Test, Form A Creating a Constitution DIRECTIONS: Matching Match each item in Column A with the items in Column B. Write the correct letters in the blanks. Some answers will be used more than once. (4 points each) Column A Column B 1. voiced the Connecticut Compromise A. James Madison 2. kept a record of the Convention debates B. Benjamin Franklin 3. chosen to become the first president C. Alexander 4. elderly at the time of the Constitutional Convention, his Hamilton experience and good humor helped smooth the debates D. Edmund 5. governor of Virginia who presented the Virginia Plan Randolph 6. main author of the Virginia Plan E. William Paterson 7. proposed the New Jersey Plan F. Roger Sherman 8. chaired the convention committee to resolve the differences G. George between the large and small states Washington 9. delayed the final vote in New York until news arrived that H. Thomas Jefferson New Hampshire and Virginia had both ratified 10. unable to attend the Constitutional Convention because he was serving as American minister to France DIRECTIONS: Multiple Choice Choose the item that best completes each sentence or answers each question. Write the letter in the blank. (4 points each) 11. The Articles of Confederation gave the Confederation Congress all of the following powers EXCEPT the power to: A. declare war. C. raise armies. B. impose taxes. D. sign treaties. 12. After the Revolutionary War, the taxes and restrictions the states imposed on imported goods caused British merchants to A. stop trading with the United States for several years. B. fight back with import taxes on American goods going to England. C. create a triangular trade agreement with France. D. land their goods at states that had the lowest taxes or fewest restrictions. 13. People with greater income saw Shays s Rebellion as a sign that A. the income gap between the rich and poor was becoming too wide. B. the national government was abusing its powers. C. state governments needed to raise more money for security. D. the republic itself was at risk. Copyright by The McGraw-Hill Companies, Inc. Name Date Class Chapter 5 Test, Form B Creating a Constitution DIRECTIONS: Matching Match each item in Column A to the correct branch of government in the diagram. Write the correct letters from the diagram in the blanks. Some items will be used more than once. (4 points each) Column A 1. headed by a president 2. makes laws 3. interprets laws 4. implements and enforces laws 5. renders judgment in cases involving laws 6. has veto power 7. may override vetoes 8. may impeach government officials 9. once appointed, federal members serve for life 10. puts down rebellions A B C DIRECTIONS: Multiple Choice Choose the item that best completes each sentence or answers each question. Write the letter in the blank. (4 points each) 11. Loyalists could not recover the property confiscated from them during the Revolutionary War because A. the Treaty of Paris did not grant them this right. B. the Confederation Congress could not compel the states to fulfill this agreement. C. they owed debts to American lenders, and their property was used as repayment. D. they were considered traitors with no rights of citizenship in the new nation. 12. Shays s Rebellion started because A. the government of Massachusetts decided to issue paper money to pay off its debts instead of raising taxes. B. the paper money in Rhode Island became so worthless that merchants refused to accept it in payment for debts. C. the government of Massachusetts decided to raise taxes to pay off its debts instead of issuing paper money. D. New York taxed goods coming into the state from Connecticut and New Jersey. 13. The delegate chosen as presiding officer of the Constitutional Convention was A. George Washington. C. Alexander Hamilton. B. James Madison. D. Benjamin Franklin. Name Date Class Standardized Test Practice A CTIVITY 5 Comparing and Contrasting When you compare two or more subjects, you explain how they are similar. When you contrast them, you explain how they are different. Writing about comparisons and contrasts, however, involves more than stating similarities and differences. You also explore relationships and draw conclusions. Learning to Compare and Contrast Use the following guidelines to help you compare and contrast and write about your conclusion. Identify or decide what subjects will be compared and contrasted. Determine common categories, or areas, in which comparisons and contrasts can be made. Look for similarities and differences within these areas. Organize your comparisons/contrasts by creating a graphic organizer. Practicing the Skill Read the selection below and complete the activity that follows. The Constitutional Convention In the summer of 1787, delegates from 12 Constitution provides a strong central states assembled in Philadelphia. They had come government to insure domestic Tranquility to address some of the weaknesses in the Articles that is, to keep peace among the people. Fourth, of Confederation. Instead of changing the the Constitution gives the federal government Articles, however, the delegates proposed an the power to maintain armed forces to protect entirely new system of national government the country and its citizens from attack. Fifth, the the Constitution of the United States. Constitution includes measures that promote the The Preamble, or introduction to the general welfare of the people by maintaining Constitution, reflects the basic principle of order and protecting individual liberties. Last, the American government the right of the people Constitution guarantees that no American s basic to govern themselves. It also lists six goals for rights will be taken away. the United States government. First, the The Constitution defines three types of Constitution provides a framework in which government powers. Certain powers belong only states agree to operate as a single country and to the federal government and are called cooperate on major issues, for the benefit of all. enumerated powers. The second kind of powers Second, the Constitution provides a national are those retained by the states, known as system of courts to protect the people s rights reserved powers. The third set of powers are and to hear cases involving violations of federal concurrent powers powers shared by the state law and disputes between the states. Third, the and federal governments. Copyright by The McGraw-Hill Companies, Inc. Copyright by The McGraw-Hill Companies, Inc. Name Date Class Performance Assessment Activity 5 Use with Chapter 5 A New Constitution BACKGROUND The delegates to the Philadelphia Convention in 1787 met to revise the Articles of Confederation. Instead, they ended up framing a new form of government in the Constitution of the United States. The process, however, was not a smooth one. The delegates did not always have the same goals and interests, and tempers often flared. Some delegates proposed scrapping the Articles of Confederation. Others wanted to keep the Articles of Confederation but modify them to make the central government stronger. Delegates from the smaller states demanded changes that would protect them against the voting power of the larger states. The Northern and Southern states were divided over how to treat slavery in the new constitution. Some delegates feared that a strong national government with the power to regulate trade might impose taxes on exports or ban imports from other countries. The only way for the delegates to resolve these issues was to honestly debate their differences and find some middle ground. TASK You are going to participate in a roundtable discussion with six people. During the roundtable discussion, each student will assume the role of a person who attended the Constitutional Convention. Your role may be that of one of the leaders of the Convention, or you may choose to represent a lawyer, planter, or merchant. A moderator will ask each member of the roundtable his or her opinion about issues such as voting rights, taxation, and slavery. Each student will research information about his or her role and present that information during the discussion. AUDIENCE Your group will conduct your roundtable discussion for other students in your class. Other students from your school may also be asked to attend the discussion. PURPOSE The purpose of this roundtable discussion is to provide experience in participating in moderated discussions and to present a political viewpoint by portraying one of the Framers of the Constitution. PROCEDURES 1. The class will be organized into discussion groups of approximately six students each. Each student should decide on a role to portray. Write the name or profession of the delegate you have chosen to portray on the line below. 1 1 MULTIMEDIA SPANISH RESOURCES Vocabulary PuzzleMaker CD-ROM Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Audio Program American History Primary Source Documents Library CD-ROM MindJogger Videoquiz Presentation Plus! CD-ROM TeacherWorks CD-ROM Interactive Student Edition CD-ROM Glencoe Skillbuilder Interactive Workbook CD-ROM, Level 2 The American Vision Video Program American Music: Hits Through History American Music: Cultural Traditions The following Spanish language materials are available in the Spanish Resources Binder: Spanish Guided Reading Activities Spanish Reteaching Activities Spanish Quizzes and Tests Spanish Vocabulary Activities Spanish Summaries The Declaration of Independence and United States Constitution Spanish Translation HISTORY The following videotape programs are available from Glencoe as supplements to Chapter 5: Thomas Jefferson: Philosopher of Freedom (ISBN ) George Washington: Founding Father (ISBN ) Benjamin Franklin: Citizen of the World (ISBN X) To order, call Glencoe at To find classroom resources to accompany many of these videos, check the following home pages: A&E Television: The History Channel: Use our Web site for additional resources. All essential content is covered in the Student Edition. You and your students can visit tav.glencoe.com, the Web site companion to the American Vision. This innovative integration of electronic and print media offers your students a wealth of opportunities. The student text directs students to the Web site for the following options: Chapter Overviews Student Web Activities Self-Check Quizzes Textbook Updates Answers to the student Web activities are provided for you in the Web Activity Lesson Plans. Additional Web resources and Interactive Tutor Puzzles are also available. 156B

3 Chapter 5 Resources SECTION 1 The Confederation 1. List the achievements of the newly formed Confederation Congress. 2. Summarize the weaknesses of the Confederation Congress. SECTION RESOURCES Daily Objectives Reproducible Resources Multimedia Resources Reproducible Lesson Plan 5 1 Daily Lecture and Discussion Notes 5 1 Guided Reading Activity 5 1* Section Quiz 5 1* Reading Essentials and Study Guide 5 1 Performance Assessment Activities and Rubrics Daily Focus Skills Transparency 5 1 Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM Skillbuilder Interactive Workbook, Level 2 TeacherWorks CD-ROM Audio Program SECTION 2 A New Constitution 1. Describe the issues at stake during the Constitutional Convention. 2. Discuss the compromises reached during the convention. SECTION 3 Ratification 1. Summarize the main points in the debate between the Federalists and the Antifederalists. 2. Explain how the Constitution was finally ratified. Reproducible Lesson Plan 5 2 Daily Lecture and Discussion Notes 5 2 Guided Reading Activity 5 2* Section Quiz 5 2* Reading Essentials and Study Guide 5 2 Performance Assessment Activities and Rubrics Reproducible Lesson Plan 5 3 Daily Lecture and Discussion Notes 5 3 Guided Reading Activity 5 3* Section Quiz 5 3* Reading Essentials and Study Guide 5 3 Performance Assessment Activities and Rubrics Daily Focus Skills Transparency 5 2 Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM TeacherWorks CD-ROM Audio Program Daily Focus Skills Transparency 5 3 Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM TeacherWorks CD-ROM Vocabulary PuzzleMaker CD-ROM Audio Program ABCNews Interactive Historic America Electronic Field Trips Assign the Chapter 5 Reading Essentials and Study Guide. Blackline Master Poster Transparency Music Program CD-ROM Audio Program DVD Videocassette *Also Available in Spanish 156C

4 Chapter 5 Resources Teacher s Corner INDEX TO NATIONAL GEOGRAPHIC MAGAZINE The following articles relate to this chapter. George Washington s Patowmack Canal, June 1987 James Madison, Architect of the Constitution, September 1987 L Enfant s Washington, August 1991 The Peales: America s First Family of Art, December 1990 NATIONAL GEOGRAPHIC SOCIETY PRODUCTS AVAILABLE FROM GLENCOE To order the following product for use with this chapter, contact your local Glencoe sales representative, or call Glencoe at : NGS PictureShow: Story of America, Part 1 (CD-ROM) ADDITIONAL NATIONAL GEOGRAPHIC SOCIETY PRODUCTS To order the following, call National Geographic at : Branches of Government Series (Video set) Democratic Government Series, The United States (Video) In the Eyes of the Law (Video) Star-Spangled Banner: Our Nation s Flag (Video) Wall Maps: Laminated North America Political Washington, D.C. (Video) Access National Geographic s Web site for current events, atlas updates, activities, links, interactive features, and archives. From the Classroom of Gary Carmichael Whitefish High School Whitefish, MT Who Was the First President? Ask students to name the first president. The students automatically say, George Washington. You then say, No, he wasn t the first president. Now that you have their attention, begin a discussion of the history of the Articles of Confederation, and point out that the first president, under the Articles of Confederation, was John Hanson. Then go through the list of presidents until you reach number 8 George Washington. The supposedly easy question, Who was the first president? and the surprising answer open the door for a great discussion starter for the Articles of Confederation and the Constitution. Do tell the students at the end of the lesson that if they are ever stopped on the street and asked who was the first president they probably should say George Washington. ADDITIONAL RESOURCES FROM GLENCOE American Music: Cultural Traditions American Art & Architecture Outline Map Resource Book U.S. Desk Map Building Geography Skills for Life Inclusion for the High School Social Studies Classroom Strategies and Activities Teaching Strategies for the American History Classroom (Including Block Scheduling Pacing Guides) KEY TO ABILITY LEVELS Teaching strategies have been coded. L1 BASIC activities for all students L2 AVERAGE activities for average to above-average students L3 CHALLENGING activities for above-average students ELL ENGLISH LANGUAGE LEARNER activities Activities that are suited to use within the block scheduling framework are identified by: 156D

5 Introducing CHAPTER 5 Refer to Activity 5 in the Performance Assessment Activities and Rubrics booklet. Why It Matters Activity Ask students to consider why it was so important to balance federal and state power and divide federal powers into three branches. Students should evaluate their answers after they have completed the chapter. MJ Performance Assessment The American Vision Video Program To learn more about creating a constitution, have students view the Chapter 5 video, The Power of the Constitution, from the American Vision Video Program. Available in DVD and VHS MindJogger Videoquiz Use the MindJogger Videoquiz to preview Chapter 5 content. Available in VHS 1778 James Cook lands on Hawaii Creating a Constitution Why It Matters 1781 The United States s first formal constitution, the Articles of Confederation, ratified by the states 1783 Latin American soldier and statesman Simón Bolivár born 1786 Shays s Rebellion begins in western Massachusetts 1787 Sierra Leone founded by freed Africans After the American Revolution, the new nation struggled to draw up a plan for government. Americans wanted to make sure the government did not have too much power. Eventually they came up with a way to balance federal and state power and to divide federal power into three branches. Promising to add a bill of rights helped win approval for the Constitution. The Impact Today The Constitution is central to American life and ideals. The Constitution continually defines the rights of citizens and the limits of governmental power. The Constitution remains a model for representative government. The American Vision Video The Chapter 5 video, The Power of the Constitution, discusses one of the nation s most important documents Constitutional Convention in Philadelphia writes the Constitution of the United States 1789 George Washington elected president of the United States Washington French Revolution begins 1790 Lavoisier s Table of Thirty-One Chemical Elements published 156 TWO-MINUTE LESSON LAUNCHER Invite a student volunteer to read the Preamble to the U.S. Constitution. (This document can be found on page 188.) Ask students how they think the members of the Constitutional Convention felt when they first heard these words. Ask them how they think ordinary citizens felt when they heard the Preamble. 156

6 Introducing CHAPTER 5 HISTORY Introduce students to chapter content and key terms by having them access the Chapter 5 Overview at tav.glencoe.com. More About the Art 1791 Bill of Rights added to Constitution Ship of State float parading through New York City during the 1788 ratification celebration J. Adams Eli Whitney introduces idea of interchangeable parts in manufacturing Thomas Malthus publishes essay on population explosion GRAPHIC ORGANIZER ACTIVITY HISTORY Chapter Overview Visit the American Vision Web site at tav.glencoe.com and click on Chapter Overviews Chapter 5 to preview chapter information. Organizing Information Have students use a graphic organizer similar to the one below to identify differences between Federalists and Antifederalists. 157 In both Europe and America, artists and cartoonists often used a large sailing ship as a metaphor for government. Political leaders were portrayed as captains, and political crises were portrayed as storms that the ship of state had to weather. After New York ratified the Constitution, Federalists mounted a model ship on wheels and pulled it through New York City. Alexander Hamilton s name was painted on the platform to celebrate his role in convincing New York to ratify the Constitution. Have students duplicate the time line that appears on pages and add the following information to the correct positions on the timeline. Benjamin Franklin invents bifocals, 1784 Congress creates U.S. Mint, 1792 Cornwallis surrenders at Yorktown, 1781 Louis XVI of France is beheaded by guillotine, 1793 Rosetta Stone is found in Egypt, 1799 Treaty of Paris signed, 1783 Whiskey Rebellion, 1794 Federalists supported by large landowners, eastern farmers, artisans, and merchants; more educated and wealthy wanted national government Antifederalists supported by western farmers; less educated and less wealthy did not want strong national government 157

7 Copyright by The McGraw-Hill Companies, Inc. CHAPTER 5 Section 1, The Confederation 1 FOCUS Section Overview This section examines the first attempt made at a national government for the 13 states. Main Idea The 13 states ratified the Articles of Confederation, which created a national government for the new nation. Key Terms and Names Articles of Confederation and Perpetual Union, Northwest Ordinance, duty, recession, Shays s Rebellion Reading Strategy Organizing As you read about the new government created by the Articles of Confederation, complete a graphic organizer similar to the one below by listing the achievements of the Confederation Congress. Achievements of the Confederation Congress Reading Objectives List the achievements of the newly formed Confederation Congress. Summarize the weaknesses of the Confederation Congress. Section Theme Government and Democracy The Articles of Confederation provided a workable but faulty national government. BELLRINGER Skillbuilder Activity Project transparency and have students answer the question. Available as a blackline master Articles of Confederation ratified Newburgh conspiracy 1784 Postwar economic recession begins Shays s Rebellion Northwest Ordinance becomes law Daily Focus Skills Transparency UNIT 2 Chapter 5 DAILY FOCUS SKILLS TRANSPARENCY 5-1 Drawing Conclusions CONFEDERATION CONGRESS POWERS GRANTED BY THE ARTICLES OF CONFEDERATION Congress could raise armies Congress could declare war Congress could sign treaties POWERS WITHHELD BY THE ARTICLES OF CONFEDERATION Congress could not raise revenue through taxes TAX $ Congress could not regulate trade and collect tariffs TARIFF $ & TRADE BARRIERS ANSWER: J Teacher Tip: Explain to students that under the Articles of Confederation, the Confederation Congress would have been the national government, and all other authority would have been left with the individual states. Directions: Answer the following question based on the description of the powers granted to the Confederation Congress by the Articles of Confederation. How are the powers granted by the Articles of Confederation limited by the powers withheld by the Articles? F Congress s ability to regulate trade helped raise supplies for the army. G Congress s ability to sign treaties resulted in increased tax dollars. H Congress s ability to collect tariffs supported the ability to declare war. J Congress s inability to raise money through taxes hindered its ability to pay for the army and fight wars. Guide to Reading Answers to Graphic: Achievements of the Confederation Congress included establishment of a system for surveying the western lands, passage of the Northwest Ordinance, and promotion of trade by signing trade treaties. Preteaching Vocabulary Have students create note cards with the Key Terms and Names on the front of the cards. Instruct students to use the reverse side to make notes about the term or name. George Washington 158 CHAPTER 5 Creating a Constitution Reproducible Masters Reproducible Lesson Plan 5 1 Daily Lecture and Discussion Notes 5 1 Guided Reading Activity 5 1 Section Quiz 5 1 Reading Essentials and Study Guide 5 1 Performance Assessment Activities and Rubrics On March 15, 1783, General George Washington arrived in Newburgh, New York. He had come to convince his officers members of the so-called Newburgh conspiracy not to rebel against the government. Many officers were deeply in debt and angry with Congress for not giving them their back pay and pensions. Several had sent an angry letter to other officers arguing that the time had come to take action. When Washington read a copy of the letter, he called a meeting of all high-ranking officers at Newburgh and criticized their insidious purposes that threatened the separation between military and civil affairs. Washington then said that he wished to read a different letter, and he pulled out a pair of reading glasses. No one had ever seen him wear them before. Gentlemen, Washington began, you must pardon me. I have grown gray in the service of my country and now feel myself growing blind. This simple statement drained the tension from the room. Some officers wept. Shortly afterward, the officers pledged their loyalty to Congress. Washington s integrity had preserved a basic principle that the army should not interfere in politics. adapted from The Forging of the Union The Achievements of the Confederation Congress Even before independence was declared, Patriot leaders at the Continental Congress realized that the colonies needed to be united under some type of central government. In November 1777, the Continental Congress adopted the Articles of Confederation and Perpetual Union a plan for a loose union of the states under the authority of the Congress. SECTION RESOURCES Transparencies Daily Focus Skills Transparency 5 1 Multimedia Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM TeacherWorks CD-ROM Audio Program

8 The Articles of Confederation The Articles of Confederation established a very weak central government. The states had spent several years fighting for independence from Britain. They did not want to give up that independence to a new central government that might become tyrannical. Under the Articles, once a year, each state would select a delegation to send to the capital city. This group, generally referred to as the Confederation Congress, was the entire government. There were no separate executive and judicial branches. The Confederation Congress had the right to declare war, raise armies, and sign treaties. Although these powers were significant, the Congress was not given the power to impose taxes, and it was explicitly denied the power to regulate trade. GEOGRAPHY Western Policies Lacking the power to tax or regulate trade, the only way for the Confederation Congress to raise money to pay its debts and finance its operations was to sell the land it controlled west of the Appalachian Mountains. To get people to buy the land and settle in the region, the Congress had to establish an orderly system for dividing and selling the land and governing the new settlements. The Land Ordinance of 1785 established a method for surveying the western lands. It arranged the land into townships six miles square. Each township was divided into 36 sections, one mile square. Two years later, the Congress passed the Northwest Ordinance, which provided the basis for governing much of the western territory. The law created a new territory north of the Ohio River and east of the Mississippi, which could eventually be divided into three to five states. Initially the Congress would choose a governor, a secretary, and three judges for the territory. When 5,000 adult male citizens had settled in a territory, they could elect a territorial legislature. When the population of a territory reached 60,000, the territory could apply to become a state on an equal footing with the original states. The Northwest Ordinance also guaranteed certain rights to people living in the territory. This included freedom of religion, property rights, and the right to trial by jury. The ordinance also stated that there [would] be neither slavery nor involuntary servitude in the said territory. The exclusion of slavery from the Northwest Territory meant that as the United States expanded in future years, it would be divided between Southern slaveholding states and Northern free states. Success in Trade In addition to organizing western settlement, the Confederation Congress tried to promote trade with other nations. After the Revolutionary War ended, the British government imposed sharp restrictions on American access to British markets. The British insisted that American goods sold to British colonies in the Caribbean had to be carried on British ships. American ships could still carry goods to Britain, but only goods from their respective states. A ship from Massachusetts, for example, could not carry goods from New York. To overcome these problems, representatives from the Congress negotiated several trade treaties with other countries, including Holland, Prussia, and Sweden. A previous commercial treaty with France also permitted American merchants to sell goods to French colonies in the Caribbean. By 1790 the trade of the United States was greater than the trade of the American colonies before the Revolution. Reading Check Describing What were the provisions of the Northwest Ordinance of 1787? The Congress Falters The Confederation Congress s commercial treaties and its system of settling the west were two of its major achievements. Other problems facing the new nation were not so easily solved. Problems With Trade During the boycotts of the 1760s and the Revolutionary War, American artisans and manufacturers had prospered by making goods that people had previously bought from the British. After the war ended, British merchants flooded the United States with inexpensive British goods, driving many American artisans out of business. The problems facing artisans and merchants convinced many American states to fight back by restricting British imports. Unfortunately, the states did not all impose the same duties, or taxes on imported goods. The British would then land their goods at the states that had the lowest taxes or fewest restrictions. Once the British goods were in the United States, they moved overland into the states that had tried to keep them out. Because the Confederation Congress was not allowed to regulate commerce, the states began setting up customs posts on their borders to prevent the British from exploiting the different trade laws. They also levied taxes on each other s goods to raise revenue. New York, for example, taxed firewood from Connecticut and cabbage from New Jersey. COOPERATIVE LEARNING ACTIVITY CHAPTER 5 Creating a Constitution 159 Creating a Time Line Organize students into small groups and have them create a time line that shows the sequence of events prescribed by the Northwest Ordinance for new states to be added to the Union. Ask students to conduct research to add at least three events to the time line that are not referenced in the text. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. CHAPTER 5 Section 1, TEACH Daily Lecture and Discussion Notes 5 1 Copyright by The McGraw-Hill Companies, Inc. Daily Lecture and Discussion Notes Chapter 5, Section 1 Did You Know? Without money or real power over the states, the Confederation Congress got very little respect. Its members often did not bother to attend sessions. I. The Achievements of the Confederation Congress (pages ) A. In November 1777, the Continental Congress adopted the Articles of Confederation and Perpetual Union. This was a plan for a loose union of the states under Congress. B. The Articles of Confederation set up a weak central government. The Confederation Congress met just once a year. It had the power to declare war, raise armies, and sign treaties. It, however, did not have the power to impose taxes or regulate trade. C. The only way the Confederation Congress had to raise money to pay its debts were to ll l d f h A l h M C d h l d Analyzing a Concept Have students list the ways in which the Confederation Congress could raise money. Then have students list the ways in which the federal government raises money today. Discuss the similarities and differences. Ask: Why is selling land not an effective long-term strategy for financing a government? L1 Answer: It created a new territory north of the Ohio River and east of the Mississippi; provided a plan for territorial legislature and application for statehood; guaranteed certain rights; banned slavery from the Northwest Territory. The Second Continental Congress named Benjamin Franklin the postmaster general in Article IX of the Articles of Confederation gave Congress the exclusive right to establish post offices and charge postage to defray the cost of operation. 159

9 CHAPTER 5 Section 1, Guided Reading Activity 5 1 Name Date Class Guided Reading Activity 5-1 DIRECTIONS: Filling in the Blanks In the space provided, write the word or words that best complete the sentence. Refer to your textbook to fill in the blanks. 1. In November 1777, the Continental Congress adopted the a plan for a loose union of the states under the authority of the Congress. 2. The Articles of Confederation established a very weak. 3. The Confederation Congress had the right to,, and. 4. The only way for the Confederation Congress to raise money to pay its debts and finance its operations was to. 5. The created a new territory north of the Ohio River and east of the Mississippi. 6. When the population of a territory reached 60,000, the territory could apply to become a. Using Map Skills Have students use a local road map to gain a better understanding of the size of the townships created by the Land Ordinance of Have students outline an area six miles square that includes their current location. L1 When the Revolutionary War began, seven states claimed land west of the Appalachian Mountains. Some claims were based on their colonial charters and other claims resulted from treaties with Native Americans. These states eventually ceded the land to the Confederation. The Land Ordinance of 1785 provided the framework for surveying and selling the western lands. The land was measured and divided into townships, which were subdivided into 36 sections, each one-mile square. These sections, 640 acres, were sold at auction for at least one dollar per acre. The Northwest Ordinance of 1787 is important because it created the Northwest Territory and provided a framework for governing in the territory. The ordinance outlined the territorial government and how the territory would eventually be divided into new states. The ordinance also guaranteed certain rights to the people living in the territory and prohibited slavery. New Jersey retaliated by charging New York for a harbor lighthouse on the New Jersey side of the Hudson River. Each state was beginning to act as an independent country, and this behavior threatened the unity of the new United States. Problems With Diplomacy The Confederation Congress also had problems in other areas of foreign policy. The first problems surfaced immediately after the Treaty of Paris, which ended the Revolutionary War, was signed. Before the war, many American merchants and planters had borrowed money from British lenders. In the peace treaty, the United States had agreed that the states should allow these lenders to recover their prewar debts by suing in American courts. The Congress had no power to compel the states to do this, however, and many states restricted Britain s ability to collect its debts. The United States also had agreed that the states should return the property that had been confiscated from Loyalists during the war. Again, the Congress could not compel the states to do this, which further angered the British. In retaliation, the British refused to evacuate American soil as specified in the treaty. They continued to occupy a string of frontier posts south of the Great Lakes inside American territory. Congress had no way to resolve these problems. It did not have the power to impose taxes, so it could not raise the money to pay a financial settlement to Britain for the debts and Loyalist property. Since it could not regulate trade, it also had no way to pressure the British into a settlement. American dealings with Spain also showed the weaknesses of the Confederation Congress. The major dispute with Spain involved the border between Spanish territory and the state of Georgia. The Spanish stopped Americans from depositing their goods on Spanish territory at the mouth of the Mississippi River. This effectively closed the river to American farmers who used it to ship their goods to market. Again, the Confederation Congress had no leverage to pressure the Spanish, and the dispute over Georgia s border and navigation on the Mississippi remained unresolved. Once more, the limited powers of the Confederation Congress had prevented any diplomatic solution from being worked out. The Economic Crisis While the Confederation Congress struggled with diplomatic issues, many other Americans were struggling economically. The end of the Revolutionary War and the reining in of economic activity with Britain plunged the new United States into a severe recession, or economic slowdown. 160 CHAPTER 5 Creating a Constitution MEETING SPECIAL NEEDS Farmers were among those most affected by the recession. Although they were not earning as much money as they once did, they had to keep borrowing to get their next crop in the ground. Many also had mortgages to pay. At the same time, the Revolutionary War had left both the Confederation Congress and many states in debt. To pay for the war, many states had issued bonds as a way to borrow money from wealthy merchants and planters. With the war over, the people holding those bonds wanted to redeem them for gold or silver. To pay off their debts, the states could raise taxes, but farmers and other people in debt urged the state governments to issue paper money instead. They also wanted the states to make the paper money available to farmers through government loans on farm mortgages. Since paper money would not be backed up by gold and silver, and people would not trust it, inflation a decline in the value of money would begin. Debtors would be able to pay their debts using paper money that was worth less than the value printed on it. This would let them pay off their debts more easily. Lenders, on the other hand, including many merchants The Northwest Ordinance One of the major challenges facing the Confederation Congress was formulating a plan for dealing with the territory west of the Appalachian Mountains. Formerly claimed by individual states, these vast lands were now the territory of the entire United States. The Northwest Ordinance that the Congress adopted stands as one of the few successes of the Confederation. The Ordinance provided for the survey of land west of the Appalachian Mountains, including the present-day states of Ohio, Illinois, Wisconsin, Michigan, and Indiana. It also set up a clear and orderly process by which new states were admitted on an equal basis to the Union. Interpersonal Have students select one portion of Section 1 to teach to another student. Ask students to read the passage and then to teach it to a partner. Have the student doing the teaching ask questions about the lesson. Direct the student/teacher to review any concepts that the student/learner did not understand. L1 ELL Refer to Inclusion for the High School Social Studies Classroom Strategies and Activities in the TCR. 160

10 and importers, strongly opposed paper money because they would not be receiving the true amount they were owed. Beginning in 1785, seven states began issuing paper money. In Rhode Island, the paper money eventually became so worthless that merchants refused to accept it in payment for debts. After an angry mob rioted against the merchants, Rhode Island s assembly passed a law forcing people to accept paper money at its stated value. Those who refused could be arrested and fined. To people with property, this signaled danger. If states were passing such laws, it was because poorer, debt-ridden citizens controlled them. With the spread of democratic ideals and a lowering of property qualifications for voting, many states had begun electing such citizens to office Mississippi River W N Northwest Territory Present-day state boundaries Date state admitted to Union Townships In many parts of the nation, roads follow the grids originally set up by the Land Ordinance of These patchwork grids are easily visible from the air. S E Northwest Territory, 1780s Lake WISCONSIN 1848 Superior ILLINOIS 1818 Lake Michigan Ohio River Shays s Rebellion The property owners fears seemed justified when a full-scale rebellion, known as Shays s Rebellion, erupted in Massachusetts in The rebellion started when the government of Massachusetts decided to raise taxes instead of issuing paper money to pay off its debts. The taxes fell most heavily on farmers, particularly poor farmers in the western part of the state. As the recession grew worse, many found it impossible to pay their taxes as well as their mortgages and other debts. Those who could not pay often faced the loss of their farms. Angry at the legislature s indifference to their plight, in late August 1786, farmers in western Massachusetts rebelled. They closed down several county courthouses to prevent farm foreclosures, BRITISH NORTH AMERICA Lake Huron MICHIGAN 1837 INDIANA 1816 The Seven Ranges OHIO Lake Erie Lake Ontario 200 miles kilometers Albers Equal-Area projection Range Line TOWNSHIP Base Line 6 miles Section 19 Half section 320 Acres Quarter section 160 Acres 1 mile 6 miles 1 mile As the nation added territory over the years, the township system of rectangular grids provided the basis for surveying. In providing for the layout of townships, the Land Ordinance of 1785 reserved the income from the 16th section for the support of public schools. This helped promote public education early in the nation s history. 74 W CHAPTER 5 Section 1, Creating a List Ask students to create a list of demands that Daniel Shays and other rebels might have prepared had their seizure of the state arsenal been successful. L1 3 ASSESS Assign Section 1 Assessment as homework or as an in-class activity. Have students use the Interactive Tutor Self- Assessment CD-ROM. Reading Essentials and Study Guide 5 1 Name Date Class Study Guide Chapter 5, Section 1 For use with textbook pages THE CONFEDERATION KEY TERMS AND NAMES Articles of Confederation and Perpetual Union a plan for a loose union of the states under the authority of Congress (page 158) Northwest Ordinance law that provided the basis for governing much of the western territory (page 159) duty a tax on imported goods (page 159) recession an economic slowdown (page 160) Shays s Rebellion (page 161) a rebellion by farmers in Massachusetts against the state government Section Quiz 5 1 Name Date Class Chapter 5 Section Quiz 5-1 DIRECTIONS: Matching Match each item in Column A with the items in Column B. Write the correct letters in the blanks. (10 points each) Column A Column B 1. provided the basis for governing much of the western A. duties territory B. recession 2. taxes on imported goods C. Northwest 3. plan for a loose union of the states under the authority Ordinance of Congress D. Shays s Rebellion 4. when farmers in western Massachusetts rebelled against E. Articles of increased taxes Confederation 5. economic slowdown and Perpetual Union DIRECTIONS: Multiple Choice In the blank at the left write the letter of the choice that Score INTERDISCIPLINARY CONNECTIONS ACTIVITY Economics Invite the economics teacher to discuss with the class the economic uses of taxation. Ask the teacher to compare and contrast the various forms of taxation (sales, property, and income). Have students use the information presented to create a Venn diagram of the three basic forms of taxation. L2 161

11 CHAPTER 5 Section 1, Answer: 1. Any one state could block changes making it difficult to adapt the articles to changing conditions. 2. They feared a strong central government would become tyrannical. Chart Skills Practice Ask: How much respect do you think the Confederation Congress received from other countries? Explain your reasoning. (It received little respect since it lacked power to enforce treaties.) Reteach Have students create a section outline using complete sentences. Enrich Have interested students research a current issue that involves states rights versus the rights of the federal government. Ask students to prepare a onepage summary of the state s position and a one-page summary of the federal government s position. 4 CLOSE Have students list the strengths and weaknesses of the Articles of Confederation. Some Weaknesses of the Articles of Confederation Provision Congress has no power to tax Congress has no power to enforce treaties Every state, despite size, has one vote Congress has no power to regulate commerce Amendment requires unanimous vote of states and then marched on the state supreme court. At this point, Daniel Shays, a former captain in the Continental Army who was now a bankrupt farmer, emerged as one of the rebellion s leaders. Checking for Understanding 1. Define: duty, recession. 2. Identify: Articles of Confederation and Perpetual Union, Northwest Ordinance, Shays s Rebellion. 3. Describe the conditions that led to Shays s Rebellion. Reviewing Themes 4. Government and Democracy What do you think was the most serious flaw of the Articles of Confederation? Why do you think so? Problem Created Weak currency and growing debt Inability to pay army leads to threats of mutiny Foreign countries angry when treaties are not honored; for example, Britain keeps troops on American soil Populous states not equally represented Trade hindered by states imposing high tariffs on each other Difficult to adapt articles to changing needs 1. Interpreting Charts What was the problem with requiring a unanimous vote of the states to create changes in the Articles of Confederation? 2. Understanding Cause and Effect Why do you think the states approved a government with so many weaknesses? In January 1787, Shays and about 1,200 farmers headed to a state arsenal intending to seize weapons before marching on Boston. In response, the governor sent more than 4,000 volunteers under the command of General Benjamin Lincoln to defend the arsenal. Before they arrived, Shays attacked, and the militia defending the arsenal opened fire. Four farmers died in the fighting. The rest scattered. The next day Lincoln s troops arrived and ended the rebellion. The fears the rebellion had raised, however, were harder to disperse. A Call for Change People with greater income and social status tended to see the rebellion, as well as inflation and an unstable currency, as signs that the republic itself was at risk. They feared that as state legislatures became more democratic and responsive to poor people, they would weaken property rights and vote to take property from the wealthy. As General Henry Knox, a close aide to George Washington, concluded: What is to afford our security against the violence of lawless men? Our government must be braced, changed, or altered to secure our lives and property. These concerns were an important reason why many people, including merchants, artisans, and creditors, began to argue for a stronger central government, and several members of the Confederation Congress called on the states to correct such defects as may be discovered to exist in the present government. The Confederation s failure to deal with conditions that might lead to rebellion, as well as the problems with trade and diplomacy, only added fuel to their argument. Reading Check Rebellion? Critical Thinking 5. Comparing How are the issues faced by the federal government today similar to those that were faced by the Confederation Congress? 6. Organizing Use a graphic organizer similar to the one below to list the weaknesses of the Confederation Congress. Weaknesses of the Confederation Congress Explaining What caused Shays s Analyzing Visuals 7. Examining Maps Study the map of the Northwest Ordinance on page 161. What significant provision of this law would contribute to dividing the nation into competing regions? Writing About History 8. Persuasive Writing Take on the role of a journalist during the time of the Confederation Congress. Write an editorial expressing your opinion of Shays s Rebellion, and suggest how the government might handle such situations better in the future. 162 CHAPTER 5 Creating a Constitution 162 Answer: When Massachusetts raised taxes to pay off debts instead of using paper money, poor farmers in the western part of the state found it impossible to pay their taxes, mortgages, and other debts. 1. Terms are in blue. 2. Articles of Confederation and Perpetual Union (p. 158), Northwest Ordinance (p. 159), Shays s Rebellion (p. 161) 3. When Massachusetts raised taxes to pay off debts, poor farmers in the western part of the state found it impossible to pay their taxes, mortgages, and other debts. 4. Students answers will vary but should state a specific flaw. 5. Students answers will vary but should focus on specific issues. 6. no power to impose taxes, to regulate trade, to force states to abide by the peace treaty, or to regulate currency 7. The exclusion of slavery from the Northwest Territory meant that as the United States expanded, it would be divided between Southern slave-holding states and Northern free states. 8. Students editorials will vary. Editorials should express an opinion and offer a suggestion.

12 Critical Thinking Critical Thinking Why Learn This Skill? Suppose you want to buy a portable compact disc (CD) player, and you must choose among three models. You would probably compare characteristics of the three models, such as price, sound quality, and size to figure out which model is best for you. In the study of American history, you often compare people or events from one time period with those from a different time period. Learning the Skill When making comparisons, you examine two or more groups, situations, events, or documents. Then you identify any similarities and differences. For example, the chart on this page compares two documents with regard to the powers they gave the central government. The Articles of Confederation were passed and implemented before the United States Constitution, which took their place. The chart includes a check mark in each column that applies. For example, the entry Protect copyrights does not have a check under Articles of Confederation. This shows that the government under the Articles lacked that power. The entry is checked under United States Constitution, showing that the government under the Constitution does have that power. When making comparisons, you first decide what items will be compared and determine which characteristics you will use to compare them. Then you identify similarities and differences in these characteristics. Practicing the Skill Analyze the information on the chart on this page. Then answer the questions. 1 What items are being compared? How are they being compared? 2 What are the similarities and differences of the documents? 3 Which document had the most power regarding legal matters? How can you tell? Making Comparisons The Articles of Confederation and the United States Constitution Powers of the Central Government Articles of Confederation United States Constitution Declare war; make peace Coin money Manage foreign affairs Establish a postal system Impose taxes Regulate trade Organize a court system Call state militia for service Protect copyrights Take other necessary actions to run the federal government 4 Which document had the most power in dealing with other nations? How can you tell? Skills Assessment Complete the Practicing Skills questions on page 177 and the Chapter 5 Skill Reinforcement Activity to assess your mastery of this skill. Applying the Skill Making Comparisons On the editorial page of your local newspaper, read two columns that express different viewpoints on the same issue. Identify the similarities and differences between the two points of view. Glencoe s Skillbuilder Interactive Workbook CD-ROM, Level 2, provides instruction and practice in key social studies skills. 163 TEACH Making Comparisons Making comparisons is an important life skill that can be applied to many different situations. It is particularly helpful when trying to make choices. Hold up a pen and a pencil and ask a student volunteer to use the board to create a simple table comparing the two items that you are holding. Point out that a table is a valuable tool when you are making comparisons, regardless of the topic. Additional Practice Reinforcing Skills Activity 5 Name Date Class Reinforcing Skills Activity 5 Making Comparisons LEARNING THE SKILL When you make comparisons, you determine similarities and differences among ideas, objects, or events. To make a comparison, identify or decide what will be compared. Then determine a common area or areas in which comparisons can be drawn. Finally, look for similarities and differences within these areas. PRACTICING THE SKILL DIRECTIONS: Study the chart below listing characteristics of the British and Continental armies. Then answer the questions that follow on a separate sheet of paper. Size of army Opposing Armies British Army Continental Army 32,000 men 230,000 men CD-ROM Glencoe Skillbuilder Interactive Workbook CD-ROM, Level 2 This interactive CD-ROM reinforces student mastery of essential social studies skills. 1 the powers of the federal government in the Articles of Confederation and United States Constitution 2 Check marks in both columns indicate similarities. Check marks in only one column show differences. 3 Check marks indicate that the Constitution gives the federal government more power in legal matters. ANSWERS TO PRACTICING THE SKILL 4 Comparing powers related to other nations shows that the U.S. Constitution gives more power. Applying the Skill Students answers should be presented as a table. 163

13 Copyright by The McGraw-Hill Companies, Inc. CHAPTER 5 Section 2, A New Constitution 1 FOCUS Section Overview This section discusses the Constitutional Convention. BELLRINGER Skillbuilder Activity Project transparency and have students answer the question. Available as a blackline master. Main Idea In 1787 the Constitutional Convention set up a new government. Key Terms and Names Virginia Plan, New Jersey Plan, Great Compromise, Three-Fifths Compromise, popular sovereignty, federalism, separation of powers, legislative branch, executive branch, judicial branch, checks and balances, veto, impeach, amendment April 1787 June1787 August 1787 October 1787 May 14 Constitutional Convention opens in Philadelphia May 29 Virginia Plan introduced Reading Strategy Taking Notes As you read about the new government that the Constitution created, use the major headings of the section to fill in an outline similar to the one below. A New Constitution I. The Constitutional Convention A. B. II. A. B. June 15 New Jersey Plan introduced Reading Objectives Describe the issues at stake during the Constitutional Convention. Discuss the compromises reached during the convention. Section Theme Culture and Traditions The new Constitution tried to uphold the principle of state authority while providing needed national authority. July 2 Ben Franklin s committee begins seeking a compromise September 17 Final draft of Constitution signed Daily Focus Skills Transparency 5 2 UNIT 2 Chapter 5 DAILY FOCUS SKILLS TRANSPARENCY 5-2 ANSWER: C Teacher Tip: Tell students to rely on the information given in the diagram to answer the question. 164 VIRGINIA PLAN Congress is divided into two houses. In both houses, each state is represented according to its population. THE GREAT COMPROMISE CONNECTICUT COMPROMISE Congress is divided into two houses. In the first house, each state is represented according to its population. In the second house, each state has equal representation. Drawing Conclusions NEW JERSEY PLAN Congress has a single house. Each state has equal representation in the house. Directions: Answer the following question based on the diagram. Both the Virginia Plan and the New Jersey Plan were presented at the Constitutional Convention of The convention concluded with the creation of the Connecticut Compromise (or Great Compromise). Why was it named the Great Compromise? A It used aspects of the Virginia Plan only. B It used aspects of the New Jersey Plan only. C It combined aspects of both plans. D It did not use aspects of either plan. Guide to Reading Answers to Graphic: I. The Constitutional Convention A. The Founders B. The Virginia and New Jersey Plans II. A Union Built on Compromise A. The Connecticut Compromise B. Compromise Over Slavery Students should complete the outline by using all the heads in the section. Preteaching Vocabulary Have students make a list of the Key Terms and Names and write a helpful phrase next to each term or name. Suggest that students skip terms or names that are not familiar. Instruct students to add additional information to their list as they read the section. Washington s chair at Constitutional Convention 164 CHAPTER 5 Creating a Constitution Reproducible Masters Reproducible Lesson Plan 5 2 Daily Lecture and Discussion Notes 5 2 Guided Reading Activity 5 2 Section Quiz 5 2 Reading Essentials and Study Guide 5 2 Performance Assessment Activities and Rubrics As Benjamin Franklin arrived at the Pennsylvania statehouse on September 17, 1787, he rejoiced with his colleagues about the freshness of the morning air. For 16 weeks, the 81-year-old Franklin had made the short journey from his home just off Market Street to the statehouse. There, delegates to the Constitutional Convention had exhaustively debated the future of the nation. Today, they would have a chance to sign a draft plan for the nation s new constitution. When it came Franklin s turn to sign, the elderly leader had to be helped forward in order to write his name on the parchment. Tears streamed down his face as he signed. When the remaining delegates had finished signing, a solemn silence enveloped the hall. Franklin relieved the tension with a few well-chosen words. Pointing to the half-sun painted in gold on the back of George Washington s chair, he observed: I have often... looked at that [sun] behind the President [of the Convention] without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know it is a rising, and not a setting, Sun. quoted in An Outline of American History The Constitutional Convention The weakness of the Confederation Congress worried many American leaders, who believed that the United States would not survive without a strong central government. People who supported a stronger central government became known as nationalists. SECTION RESOURCES Transparencies Daily Focus Skills Transparency 5 2 Multimedia Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM TeacherWorks CD-ROM Audio Program

14 Prominent nationalists included George Washington, John Adams, Benjamin Franklin, Alexander Hamilton, and the financier Robert Morris. One of the most influential nationalists was James Madison, a member of the Virginia Assembly and head of its commerce committee. As head of the commerce committee, Madison was well aware of Virginia s trade problems with the other American states and with Britain. He firmly believed that a stronger national government was needed. In 1786 Madison convinced Virginia s assembly to call a convention of all the states to discuss trade and taxation problems. Representatives from the states were to meet in Annapolis, Maryland, but when the convention began, delegates from only five states were present, too few to reach a final decision on the problems facing the states. Many of the delegates did discuss the weakness of the Articles of Confederation and expressed interest in modifying them. New York delegate Alexander Hamilton recommended that the Congress itself call for another convention to be held in Philadelphia in May At first, the Congress was divided over whether or not to call a convention. News of Shays s Rebellion, however, and reports of unrest elsewhere convinced the Congress to call for a convention of the states for the sole purpose of revising the Articles of Confederation. Every state except Rhode Island sent delegates to what became known as the Constitutional Convention. In May 1787 the delegates took their places in the Pennsylvania statehouse in Philadelphia. They knew they faced a daunting task: to balance the rights and aspirations of the states with the need for a stronger national government. The Founders The 55 delegates who attended the convention in Philadelphia included some of the shrewdest and most distinguished leaders in the United States. The majority were lawyers, and most of the others were planters and merchants. Most had experience in colonial, state, or national government. Seven had served as state governors. Thirty-nine had been members of the Confederation Congress. Eight had signed the Declaration of Independence. In the words of Thomas Jefferson, who was unable to attend the convention because he was serving as American minister to France, the convention in Philadelphia was no less than an assembly of demigods. The delegates chose stern and proper George Washington of Virginia, hero of the American Revolution, as presiding officer. Benjamin Franklin was a delegate from Pennsylvania. Now 81 years old, he tired easily and had other state delegates read his speeches for him. He provided assistance to many of his younger colleagues, and his experience and good humor helped smooth the debates. Other notable delegates included New York s Alexander Hamilton and Connecticut s Roger Sherman. Virginia sent a well-prepared delegation, including the scholarly James Madison, who kept a record of the debates. Madison s records provide the best source of information about what went on in the sessions. The meetings were closed to the public to help ensure honest and open discussion free from outside political pressures. James Madison Although many individuals contributed to the framing of the United States Constitution, the master builder was James Madison. An avid reader, the 36-year-old Virginia planter spent the better part of the year preceding the Philadelphia Convention with his nose in books. Madison read volume after volume on governments throughout history. He scoured the records of ancient Greece and Rome and delved into the administrations of Italian city-states such as Florence and Venice. He even looked at the systems used by federal alliances like Switzerland and the Netherlands. From a spirit of industry and application, said one colleague, Madison was the best-informed man on any point in debate. Bringing together his research and his experience in helping to draft Virginia s constitution, Madison created the Virginia Plan. His proposal strongly influenced the final document. Perhaps Madison s greatest achievement was in defining the true source of political in History power. He argued that all power, at all levels of government, flowed ultimately from the people. At the Constitutional Convention, Madison served his nation well. The ordeal, he later said, almost killed him. In the years to come, though, the nation would call on him again. In 1801 he became President Thomas Jefferson s secretary of state. In 1808 he was elected the fourth president of the United States. CHAPTER 5 Creating a Constitution 165 CHAPTER 5 Section 2, TEACH Daily Lecture and Discussion Notes 5 2 Copyright by The McGraw-Hill Companies, Inc. Daily Lecture and Discussion Notes Chapter 5, Section 2 Did You Know? In 1744 the Iroquois Chief Canassatego first suggested a federal model of government to unify the colonies. The members of the Constitutional Convention, held 43 years later, incorporated elements of the League of the Iroquois which had six united Native American nations and its constitution, the Great Law of Peace. I. The Constitutional Convention (pages ) A. People who supported a stronger central government were called nationalists. George Washington, Benjamin Franklin, James Madison, and Alexander Hamilton were among the prominent nationalists. Hamilton suggested that a convention of states be set up to revise the Articles of Confederation. All states, except Rhode Island, sent Writing a Newspaper Article Have students choose a date from the time line on page 164 and write a newspaper article about the event. L1 Use the rubric for a magazine/newspaper/web site article or help-wanted ad on pages in the Performance Assessment Activities and Rubrics. in History Have students review the profile of James Madison and write down three questions about Madison s life that cannot be answered by reading the passage. Instruct students to use library and Internet resources to find the answers. Use these questions and answers as a basis for a classroom discussion about James Madison. COOPERATIVE LEARNING ACTIVITY Forming a Government Organize students into small groups. Have each group act as if the members are the founders of a new country. Have them set up the legislative branch of the government using the Virginia Plan or the New Jersey Plan. Provide the following population data for the states involved in the new country: Anderson, 748,000; Blanchester, 85,000; Carlisle, 320,000; Destin, 60,000; Essex, 238,000; Fairmount, 142,000; Gallatin, 434,000; Henderson, 70,000; Jansen, 379,000. Have each group list reasons to support their plan. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. Although 55 delegates attended the Constitutional Convention, each state had only one vote. 165

15 CHAPTER 5 Section 2, Guided Reading Activity 5 2 Name Date Class Guided Reading Activity 5-2 DIRECTIONS: Outlining Read the section and complete the outline below. Refer to your textbook to fill in the blanks. I. The Constitutional Convention A. People who supported a became known as nationalists. B. One of the most influential nationalists was, a member of the Virginia Assembly and head of its commerce committee. C. News of Shays s Rebellion and reports of unrest elsewhere convinced the Congress to call for a convention of the states for the sole purpose of. D. Thomas Jefferson, commenting on the distinguished leaders who attended, said the Constitutional Convention was no less than. E. The did not abandon the Articles of Confederation but instead Making Comparisons Have students create a table to compare and contrast the basis for representation in the Virginia Plan, the New Jersey Plan, and the Connecticut Compromise. L2 Use the rubric for creating a map, display, or chart on pages in the Performance Assessment Activities and Rubrics. The Virginia and New Jersey Plans The Virginia delegation arrived at the convention with a detailed plan mostly the work of James Madison for a new national government. A few days after the proceedings began, the governor of Virginia, Edmund Randolph, introduced the plan. A national government, declared Randolph, ought to be established, consisting of a supreme Legislative, Executive, and Judiciary. The Virginia Plan, as it came to be called, proposed scrapping the Articles of Confederation entirely and creating a new national government with the power to make laws binding upon the states and to raise its own money through taxes. The Virginia Plan proposed that the legislature be divided into two houses. The voters in each state would elect members of the first house. Members of the second house would be nominated by the state governments but actually elected by the first house. In both houses, the number of representatives for each state would reflect that state s population. The Virginia Plan, therefore, would benefit large states like Virginia, New York, and Massachusetts, which had more votes than the smaller states. The Virginia Plan drew sharp reactions. The delegates accepted the idea of dividing the government History Through Art A New Government Signing the Constitution of the United States by Thomas Pritchard Rossiter, 1867, depicts the members of the Constitutional Convention formally endorsing their new plan of government. This silver inkwell (right) was used to sign both the Declaration of Independence and the Constitution. What were the most common professions of the Convention delegates? into executive, legislative, and judicial branches, but the smaller states strongly opposed any changes that would decrease their influence by basing representation on population. They feared that the larger states would outvote them. William Paterson, a delegate from New Jersey, offered a counterproposal that came to be called the New Jersey Plan. The New Jersey Plan did not abandon the Articles of Confederation. Instead it modified them to make the central government stronger. Under the plan, Congress would have a single house in which each state was equally represented, but it would also have the power to raise taxes and regulate trade. If progress was to be made, the delegates had to choose one plan for further negotiation. After debating on June 19, the convention voted to proceed with the Virginia Plan. With this vote, the convention delegates decided to go beyond their original purpose of revising the Articles of Confederation. Instead, they began work on a new constitution for the United States. Reading Check Explaining Why did small states oppose the Virginia Plan? Answer: Smaller states feared larger states would outvote them if representation was based on population. History Through Art Answer: The majority were lawyers; most of the others were planters and merchants. Ask: Why was George Washington chosen to be the presiding officer? (He was a widely respected war hero.)... to form a more perfect union... Preamble to the Constitution Thomas Jefferson did not attend the Constitutional Convention. He was representing the United States in France at the time. MEETING SPECIAL NEEDS Auditory/Musical Have students write and perform a song that will help them remember the details of one of the following: the Virginia and New Jersey Plans, the Connecticut Compromise, the system of checks and balances built into the Constitution, or the process for amending the Constitution. Encourage students to learn more about the topic to help them compose their song. L2 Refer to Inclusion for the High School Social Studies Classroom Strategies and Activities in the TCR. 166

16 A Union Built on Compromise As the convention hammered out the details of the new constitution, the delegates found themselves divided geographically. The small states demanded changes that would protect them against the voting power of the big states. At the same time, Northern and Southern states were divided over how to treat slavery in the new constitution. The only way to resolve these differences was through compromise. TURNING POINT The Connecticut Compromise After the convention voted to proceed with the Virginia Plan, tempers flared as delegates from the small states insisted that each state had to have an equal vote in Congress. The hot Philadelphia summer offered no relief, and angry delegates from the larger states threatened to walk out. By early July 1787, the convention had reached a turning point. As a delegate from North Carolina warned, If we do not concede on both sides, our business must soon end. In an attempt to find a solution, the convention appointed a special committee to resolve the differences between the large and small states. Delegates who were strongly committed to one side or the other were left off the committee, leaving only those who were undecided or willing to change their minds. Ben Franklin was chosen to chair the proceedings. Throughout the proceedings, Franklin remained a calm voice of conciliation. Here, he warns the delegates about what would happen if they failed to agree: [You will] become a reproach and by-word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing governments by human wisdom, and leave it to chance, war, and conquest. quoted in Benjamin Franklin: A Biography The compromise that the committee worked out was based on an idea Roger Sherman of Connecticut proposed, which is why it is sometimes known as the Connecticut Compromise. Other historians refer to it as the Great Compromise. Roger Sherman Roger Sherman was born in Newton, Massachusetts, where he worked as a shoemaker as a young man. In 1743 he moved to Connecticut, where he studied law. He served in the Connecticut legislature before being appointed a superior court judge. Sherman was enormously respected for his knowledge, judgment, and integrity. He was a delegate to the Continental Congress, and he served on the special Committee of Five that drafted the Declaration of Independence. He also helped write the Articles of Confederation. A skilled legislator and master of political compromise, Sherman was a logical choice to serve as one of Connecticut s delegates to the Constitutional Convention in There, he ably defended the interests of the smaller states, and he developed the famous compromise that saved the convention from breaking up. Following the ratification of the Constitution, Sherman was elected to the House of Representatives, where he helped prepare the Bill of in History Rights. He was the only person to sign the Declaration of Independence, the Articles of Confederation, and the Constitution and he played an important role in drafting all three documents. Thomas Jefferson described Roger Sherman as a man who never said a foolish thing in his life. Nathaniel Macon, a member of Congress from North Carolina, declared that Sherman had more common sense than any man I have ever known. Franklin s committee proposed that in one house of Congress the House of Representatives the states would be represented according to the size of their populations. In the other house the Senate each state would have equal representation. The eligible voters in each state would elect the House of Representatives, but the state legislatures would choose senators. Compromise Over Slavery Franklin s committee also proposed that each state could elect one member to the House of Representatives for every 40,000 people in the state. This proposal caused a split between Northern and Southern delegates. Southern delegates wanted to count enslaved people when determining how many representatives they could elect. Northern delegates objected, pointing out that enslaved people could not vote. Northern delegates also suggested that if slaves were going to be counted for representation, they should be counted for purposes of taxation as well. In the end, a solution, referred to as the Three-Fifths Compromise, was worked out. Every five enslaved INTERDISCIPLINARY CONNECTIONS ACTIVITY CHAPTER 5 Creating a Constitution 167 Mathematics Write the approximate population of the states in 1790 on the board: Connecticut, 238,000; Delaware, 59,000; Georgia, 83,000; Maryland, 320,000; Massachusetts, 379,000; New Hampshire, 142,000; New Jersey, 184,000; New York, 340,000; North Carolina, 395,000; Pennsylvania, 434,000; Rhode Island, 69,000; South Carolina, 249,000; Virginia, 750,000. Ask students to determine if it was possible for the Constitution to have been ratified by nine states with a combined population of less than half of the people living in the 13 colonies. (Yes, because the total of the nine smallest colonies is less than half the total population.) L2 CHAPTER 5 Section 2, in History Have students create a bulleted list of Roger Sherman s accomplishments as described in the profile. Ask students the following question: Why do you think Roger Sherman is not as well known as some other historical figures such as George Washington, Thomas Jefferson, and James Madison? (A possible answer is that he did not serve as president.) Interpreting a Quotation Have students write a brief explanation of the quotation from Benjamin Franklin that appears on this page. L2 Drawing Conclusions Have students imagine that they represent groups not included at the Constitutional Convention in Philadelphia (women, Native Americans, African Americans, men who did not own property). Have students pair up to discuss how they might have reacted to the decisions made at the convention. Then ask students to share their ideas with the class. L1 Bicameral System The Connecticut Compromise offered a bicameral system for the legislative branch of government. Bicameral means two chambers. 167

17 CHAPTER 5 Section 2, History Answer: the Connecticut Compromise, the Three-Fifths Compromise, and compromises limiting the federal government s power to impose certain types of taxes and to regulate slavery Ask: How long did the Constitutional Convention last? (about 4 months, from May to September 1787) Answer: The South wanted each enslaved person counted in the same manner as a free person in determining a state s population. HISTORY Objectives and answers to the student activity can be found in the Web Activity Lesson Plan at tav.glencoe.com. 3 ASSESS Assign Section 2 Assessment as homework or as an in-class activity. Have students use the Interactive Tutor Self- Assessment CD-ROM. Reading Essentials and Study Guide 5 2 Historic Landmark The Philadelphia Statehouse, the site of the Constitutional Convention, was later renamed Independence Hall. What compromises were necessary to complete the Constitution? people in a state would count as three free persons for determining both representation and taxes. The dispute over how to count enslaved people was not the only issue dividing the delegates. Southerners feared that a strong national government with the power to regulate trade might impose taxes on the export of farm products or ban the import of enslaved Africans. These Southern delegates insisted that the new constitution forbid interference with the slave trade and limit Congress s power to regulate trade. Northern delegates, on the other hand, knew that Northern merchants and artisans needed a government capable of controlling foreign imports into the United States. Eventually, another compromise was worked out. The delegates agreed that the new Congress could not tax exports. They also agreed that it could not ban the slave trade until 1808 or impose high taxes on the import of enslaved persons. The Great Compromise and the compromises between Northern and Southern delegates ended most of the major disputes between the state delegations. This enabled the convention to focus on the details of how the new government would operate. HISTORY History Student Web Activity Visit the American Vision Web site at tav.glencoe.com and click on Student Web Activities Chapter 5 for an activity about the Constitution. 168 CHAPTER 5 Creating a Constitution By mid-september, the delegates had completed their task. Although everyone had had to compromise, the 39 delegates who signed the new Constitution believed it was a vast improvement over the Articles of Confederation. On September 20, they sent it to the Confederation Congress for approval. Eight days later, the Congress voted to submit the Constitution to the states for approval. The struggle for the Constitution now moved into a new phase. Nine of the thirteen states had to ratify the Constitution for it to take effect. Reading Check Describing How did the South want to count enslaved persons when counting the population of the states? A Framework for Limited Government The new constitution that the states were considering was based on the principle of popular sovereignty, (SAH vuhrn tee) or rule by the people. Rather than a direct democracy, it created a representative system of government in which elected officials represented the voice of the people. The Constitution also created a system of government known as federalism. It divided government power between the federal, or national, government and the state governments. The Constitution provided for a separation of powers among the three branches of the federal government. The two houses of Congress made up the legislative branch of the government. They would make the laws. The executive branch, headed by a president, would implement and enforce the laws passed by Congress. The judicial branch a system of federal courts would interpret federal laws and render judgment in cases involving those laws. No one serving in one branch could serve in either of the other branches at the same time. Checks and Balances In addition to separating the powers of the government into three branches, the delegates to the convention created a system of Name Date Class Study Guide Chapter 5, Section 2 For use with textbook pages A NEW CONSTITUTION KEY TERMS AND NAMES Virginia Plan plan of government developed by the Virginia delegates to the Constitutional Convention (page 166) New Jersey Plan plan of government developed by the New Jersey delegates to the Constitutional Convention (page 166) Great Compromise a compromise that solved the problem of representation in Congress (page 167) Three-Fifths Compromise a compromise that solved the problem of how enslaved people were to be counted in determining representation in Congress (page 167) popular sovereignty rule by the people (page 168) CRITICAL THINKING ACTIVITY Drawing Conclusions Ask students why they think both the Northern states and the Southern states agreed to the Three-Fifths Compromise. (Answers should reflect the idea that both sides benefited from the compromise. The Northern states benefited because enslaved persons would be counted for purposes of taxation, thus generating more revenue for the country. The Southern states benefited because five enslaved persons would be counted as three persons when collecting population data to be used to calculate representation. This method of calculation would increase the South s population figures and result in additional representation.) L2 168

18 checks and balances to prevent any one of the three branches from becoming too powerful. Within this system, each branch of government had the ability to limit the power of the other branches. Under the Constitution, the president as head of the executive branch was given far-reaching powers. The president could propose legislation, appoint judges, put down rebellions, and veto, or reject, acts of Congress. The president would also be the commander in chief of the armed forces. According to one delegate in Philadelphia, these powers might not have been so great had not many of the members cast their eyes towards George Washington as president. Although the president could veto acts of Congress, the legislature could override the veto with a two-thirds vote in both houses. The Senate also had to approve or reject presidential appointments to the executive branch as well as any treaties the president negotiated. Furthermore, Congress could, if necessary, impeach, or formally accuse of misconduct, and then remove the president or any other high official in the executive or judicial branch. Members of the judicial branch of government could hear all cases arising under federal law and the Constitution. The powers of the judiciary were balanced by the other two branches. The president could nominate members of the judiciary, but the Senate had to confirm or reject such nominations. Once appointed, however, federal judges would serve for life, thus ensuring their independence from both the executive and the legislative branches. Amending the Constitution The delegates in Philadelphia recognized that the Constitution they wrote in the summer of 1787 might need to be The Preamble The original draft of the Constitution s preamble began, We the undersigned delegates of the States of New Hampshire, Massachusettsbay.... Governor Morris of Pennsylvania, a member of Benjamin Franklin s compromise committee, rewrote it to read, We, the People of the United States.... amended, or changed over time. To ensure this could happen, they created a clear system for making amendments, or changes to the Constitution. To prevent the government from being changed constantly, they made it difficult for amendments to be adopted. The delegates established a two-step process for amending the Constitution proposal and ratification. An amendment could be proposed by a vote of two-thirds of the members of both houses of Congress. Alternatively, two-thirds of the states could call a constitutional convention to propose new amendments. To become effective, the proposed amendment then had to be ratified by three-fourths of the state legislatures or by conventions in threefourths of the states. The success of the Philadelphia Convention in creating a government that reflected the country s many different viewpoints was, in Washington s words, little short of a miracle. The convention, John Adams declared, was the single greatest effort of national deliberation that the world has ever seen. Reading Check Explaining How is power divided under the system of federalism? CHAPTER 5 Section 2, Section Quiz 5 2 Name Date Class Chapter 5 Section Quiz 5-2 DIRECTIONS: Matching Match each item in Column A with the items in Column B. Write the correct letters in the blanks. (10 points each) Column A Column B 1. people who supported a stronger central government A. New Jersey Plan 2. modified the Articles of Confederation to make the central B. legislative branch government stronger of government 3. system of federal courts that would interpret the laws C. judicial branch 4. two houses of Congress that would make the laws of government 5. headed by a president who would implement and enforce D. executive branch the laws of government E. nationalists DIRECTIONS: Multiple Choice In the blank at the left, write the letter of the choice that bestcompletesthestatementoranswersthequestion (10 points each) Although James Madison is often considered the master builder of the Constitution, a committee did the actual drafting of the document. In July 1787, a five-man Committee of Detail was charged with preparing a draft of the proceedings. A second five-man committee, the Committee of Style, was given the assignment of preparing the final draft. Governor Morris is credited with doing most of the work on the final draft. Score Checking for Understanding 1. Define: popular sovereignty, federalism, separation of powers, legislative branch, executive branch, judicial branch, checks and balances, veto, impeach, amendment. 2. Identify: Virginia Plan, New Jersey Plan, Great Compromise, Three-Fifths Compromise. Reviewing Themes 3. Culture and Traditions Were the delegates to the Constitutional Convention representative of the American public? Why or why not? Critical Thinking 4. Analyzing Do you think the Founders were right in making the amendment process difficult? Why or why not? 5. Organizing Use a graphic organizer similar to the one below to list the compromises that the Founders reached in creating the new Constitution. Compromises Reached Analyzing Visuals 6. Examining Art Study the painting of the members of the Constitutional Convention on page 166. Why did the delegates choose to conduct the convention behind closed doors? Writing About History 7. Descriptive Writing Take on the role of an observer at the Constitutional Convention. Write a journal entry describing what you witnessed. Be sure to record the arguments you heard from each side of the issues discussed, and relate your own opinion on the issues. CHAPTER 5 Creating a Constitution 169 Answer: Power is divided between the federal government, also known as the national government, and state governments. Reteach Have students review the time line on page 164 and explain the significance of each event. Enrich Have students create a diagram that shows the powers granted to each branch of government and how each branch can limit the power of the other two branches. 1. Terms are in blue. 2. Virginia Plan (p. 166), New Jersey Plan (p. 166), Great Compromise (p. 167), Three-Fifths Compromise (p. 167) 3. Yes and no. They were chosen by state governments elected by the people, but they were not representative of American society. 4. Students answers should be supported by a logical explanation. 5. Compromises reached: Connecticut or Great Compromise, Three-Fifths Compromise, compromise on trade and slavery 6. Meetings were closed to ensure honest and open discussion, free from outside political pressures. 7. Students journal entries should focus on actual events. 4 CLOSE Ask students to explain the heading on page 167, A Union Built on Compromise. 169

19 NOTEBOOK TEACH Verbatim Have students review the quotes in the Verbatim section and discuss each item as it relates to the people and themes found in their textbooks. Have students research a current political, economic, or social issue. Have them create a list of quotations about the issue along with a brief statement explaining the quote, identifying the person quoted, and describing how the quote relates to the issue. Ask students to share their lists in a class discussion. Profile Have students read the list of rules of civil behavior. Have students state these rules in modern language. Ask volunteers to share their versions. Ask: Which of these rules may still be widely observed today? (Possible answers: to not put your hands on any part of the body that is usually covered; to stay awake while people are speaking; to not show yourself glad at another s misfortune; think before you speak) Why do you think some rules of civil behavior change little over time, while others change significantly? (Customs and manners tend to follow trends. Today s more casual society lives by different rules, but some behaviors, such as thinking before you speak, will always apply.) Visit the Web site at for up-to-date news, weekly magazine articles, editorials, online polls, and an archive of past magazine and Web articles. 170 Profile NOTEBOOK GEORGE WASHINGTON At the age of 16, George Washington carefully transcribed in his own hand the Rules of Civility and Decent Behaviour in Company and Conversation. Among the rules our first president lived by: Every action done in company ought to be with some sign of respect to those that are present. When in company, put not your hands to any part of the body, not usually [un]covered. Put not off your clothes in the presence of others, nor go out your chamber half dressed. Sleep not when others speak. Spit not in the fire, nor stoop low before it. Neither put your hands into the flames to warm them, nor set your feet upon the fire, especially if there is meat before it. Shake not the head, feet or legs. Roll not the eyes. Lift not one eyebrow higher than the other. Wry not the mouth, and bedew no man s face with your spittle, by approaching too near him when you speak. Show not yourself glad at the misfortune of another though he were your enemy. Be not hasty to believe flying reports to the disparagement of any. Think before you speak. Cleanse not your teeth with the Table Cloth. 170 CHAPTER 5 Creating a Constitution COOPERATIVE LEARNING ACTIVITY HULTON GETTY VERBATIM WAR S END I hope you will not consider yourself as commander-in-chief of your own house, but be convinced, that there is such a thing as equal command. LUCY FLUCKER KNOX, to her husband Henry Knox, upon his return as a hero from the Revolutionary War The American war is over, but this is far from being the case with the American Revolution. Nothing but the first act of the drama is closed. BENJAMIN RUSH, signer of the Declaration of Independence and member of the Constitutional Convention You could not have found a person to whom your schemes were more disagreeable. GEORGE WASHINGTON, to Colonel Lewis Nicola, in response to his letter urging Washington to seize power and proclaim himself king It appears to me, then, little short of a miracle that the delegates from so many states... should unite in forming a system of national government. GEORGE WASHINGTON, in a letter to the Marquis de Lafayette at the close of the Constitutional Convention It astonishes me to find this system approaching to near perfection as it does; and I think it will astonish our enemies. BENJAMIN FRANKLIN, remarking on the structure of the new United States government Creating a Magazine Spread Organize the class into small groups. Assign each group one of the decades in the 1700s and ask them to create their own two-page magazine spread for the decade. Encourage students to use elements similar to those that appear in the Time Notebook but to be creative as they select information that is of particular interest. Students should look at current magazines and books for ideas about page design. This activity can be completed using desktop publishing software or the more traditional cut-and-paste method. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. LEONARD de SELVA/CORBIS

20 FORGING A NATION: Annual Salaries Annual federal employee salaries, 1789 President (he refused it)...$25,000 Vice President...$5,000 Secretary of State...$3,500 Chief Justice...$4,000 Senator...$6 per day Representative...$6 per day Army Captain...$420 Army Private...$48 Milestones SETTLED, LOS ANGELES, by a group of 46 men and women, most of whom are of Native American and African descent. CALLED, LEMUEL HAYNES, as minister to a church in Torrington, Connecticut. Haynes, a veteran of the Revolutionary War who fought in Lexington, is the first African American to minister to a white congregation. A parishioner insulted Haynes by refusing to remove his hat in church, but minutes into the sermon, the parishioner was so moved that the hat came off. He is now a prayerful and loyal member of the congregation. PUBLISHED, THE ELEMENTARY SPELLING BOOK, by Noah Webster, a 25-year-old teacher from Goshen, N.Y. The book standardizes American spelling and usage that differs from the British. 1780s WORD PLAY Dressing the Little Pudding Heads Can you match these common items of Early American clothing with their descriptions? NUMBERS 5 Number of years younger in age of average American brides compared to their European counterparts 6 Average number of children per family to survive to adulthood 7 Average number of children born per family 8 Number of Daniel Boone s surviving children 68 Number of Daniel Boone s grandchildren $5 Average monthly wage for male agricultural laborer, 1784 $3 Average monthly wage for female agricultural laborer, clout a. a band of strong fabric wrapped around a baby to suppress the navel 2. stays b. a diaper 3. surcingle c. the wool cover worn over a diaper 4. pilch d. a head covering for a child learning to walk to protect its brain from falls 5. pudding cap e. a garment worn by children to foster good posture, made from linen and wood or baleen splints BETTMANN/CORBIS CORBIS answers: 1. b; 2. e; 3. a; 4. c; 5. d PIX/FPG NOTEBOOK Portfolio Writing Project Have students research one of the following people: George Washington, Benjamin Rush, Benjamin Franklin, Lemuel Haynes, Noah Webster, or Lucy and Henry Knox. Ask students to write a one-page essay about the person s contribution to history. Comparing and Contrasting Have students research to find how the salary of the president and vice president have changed over time. Based on the information, have students create a line graph that shows the growth in salary. Ask students if they think today s salaries for these offices reflect the importance of the job. Encourage students to explain their reasoning. CLOSE Have students create a matching game for popular items of clothing. If possible, have older adults see if they can make the correct matches. CHAPTER 5 Creating a Constitution 171 EXTENDING THE CONTENT American Spelling Book Noah Webster s Elementary Spelling Book was used by schoolchildren for nearly a century. It had a blue-green cover and was nicknamed the blue-backed speller. The book contains a large collection of maxims, proverbs, fables, and some very stern views of how children should behave, including the following quote: As for those boys and girls that mind not their books, and love not the church and school, but play with such as tell tales, tell lies, curse, swear, and steal, they will come to some bad end, and must be whipt till they mend their ways. 171

21 Copyright by The McGraw-Hill Companies, Inc. CHAPTER 5 Section 3, Ratification 1 FOCUS Section Overview This section focuses on the differences between the Federalists and the Antifederalists. BELLRINGER Skillbuilder Activity Project transparency and have students answer the question. Available as a blackline master. Main Idea Ratification of the Constitution moved to the individual states, where Federalists and Antifederalists argued their opposing views. Key Terms and Names Federalist, Antifederalist, John Hancock, Patrick Henry 1786 October 1787 First Federalist Paper published Reading Strategy Categorizing As you read about the efforts to ratify the Constitution, complete a graphic organizer similar to the one below by listing the supporters and goals of the Federalists and the Antifederalists December 1787 Delaware becomes first state to ratify the Constitution Source of Support Goals Federalists June 21, 1788 New Hampshire ratifies the Constitution Antifederalists 1790 Reading Objectives Summarize the main points in the debate between the Federalists and Antifederalists. Explain how the Constitution was finally ratified. Section Theme Government and Democracy The state governments approved the Constitution through individual conventions. May 1790 Rhode Island becomes last state to ratify the Constitution 1792 December 1791 Bill of Rights added to the Constitution Daily Focus Skills Transparency UNIT 2 Chapter 5 DAILY FOCUS SKILLS TRANSPARENCY 5-3 Interpreting Maps THE STATES RATIFY THE CONSTITUTION 4. GEORGIA 9. NEW HAMPSHIRE 2. PENNSYLVANIA 10. VIRGINIA 12. NORTH CAROLINA 8. SOUTH CAROLINA 11. NEW YORK 13. RHODE ISLAND 5. CONNECTICUT 3. NEW JERSEY 1. DELAWARE 7. MARYLAND 6. MASSACHUSETTS ANSWER: G (1. Delaware, 12/7/1787; 2. Pennsylvania, 12/11/1787; 3. New Jersey, 12/18/1787) Teacher Tip: Tell students that the numbers on the map indicate the order in which the states ratified the Constitution. Directions: Answer the following question based on the map. Which three states were the first to ratify the Constitution of the United States? F Rhode Island, New York, and New Jersey G Delaware, Pennsylvania, and New Jersey H Maryland, Rhode Island, and Delaware J New Jersey, Pennsylvania, and Virginia Guide to Reading Answers to Graphic: Federalists supporters: large landowners, merchants, artisans, and eastern farmers; goal: federal system that divided power between an effective federal government and the states. Antifederalists supporters: western farmers; goals: national government with limited powers and a bill of rights Preteaching Vocabulary Have students make a two-column list with the column headings Federalists and Antifederalists. Instruct students to skim the chapter looking for names for their list. Patrick Henry 172 CHAPTER 5 Creating a Constitution Reproducible Masters Reproducible Lesson Plan 5 3 Daily Lecture and Discussion Notes 5 3 Guided Reading Activity 5 3 Section Quiz 5 3 Reading Essentials and Study Guide 5 3 Performance Assessment Activities and Rubrics The windows of Virginia s statehouse stood open as Patrick Henry rose to speak. The man who had once declared, Give me liberty, or give me death! was fearful for the future of the United States. For most of June 1788, he had argued against accepting the new federal Constitution drawn up in Philadelphia the previous summer. The afternoon of June 25 marked the final day of debate in Richmond. Henry immediately took aim at the framers of the Constitution. What right had they to say We, the People? he demanded. Who authorized them to speak the language of We, the People, instead of We, the States? The future of liberty around the world was at stake, he declared. We have it in our power to secure the happiness of one half the human race. In his closing remarks, Henry announced he would accept the will of his colleagues: If I shall be in the minority, I shall have those powerful sensations which arise from a conviction of being overpowered in a good cause. Yet I will be a peaceable citizen. My head, my hand, and my heart, shall be at liberty to retrieve the loss of liberty, and remove the defects of that system in a constitutional way. quoted in Patrick Henry: A Biography A Great Debate As soon as the Philadelphia Convention closed its doors, delegates had rushed home to begin the campaign for ratification. Each state would elect a convention to vote on the new Constitution. Nine states had to vote in favor of the Constitution to put it into effect. As soon as Americans learned about the new Constitution, they began to argue over SECTION RESOURCES Transparencies Daily Focus Skills Transparency 5 3 Multimedia Interactive Tutor Self-Assessment CD-ROM ExamView Pro Testmaker CD-ROM Presentation Plus! CD-ROM TeacherWorks CD-ROM Audio Program

22 whether it should be ratified. The debate took place in state legislatures, in mass meetings, in the columns of newspapers, and in everyday conversations. Federalists and Antifederalists Supporters of the Constitution called themselves Federalists. The name was chosen with care. It emphasized that the Constitution would create a federal system. Power would be divided between a central government and regional governments. They hoped the name would remind those Americans who feared a central government that the states would retain many of their powers. Supporters of the Federalists and the new Constitution included large landowners who wanted the property protection a strong central government could provide. Supporters also included merchants and artisans living in large coastal cities. The inability of the Confederation Congress to regulate trade had hit these citizens hard. They believed that an effective federal government that could impose taxes on foreign goods would help their businesses. Many farmers who lived near the coast or along rivers that led to the coast also supported the Constitution, as did farmers who shipped goods across state borders. These farmers depended on trade for their livelihood and had been frustrated by the different tariffs and duties the states imposed. They wanted a strong central government that could regulate trade consistently. Opponents to the Constitution were called Antifederalists, a somewhat misleading name, as they were not truly against federalism. They accepted the need for a national government. The real issue, as far as they were concerned, was whether the national government or the state governments would be supreme. Prominent Antifederalists included John Hancock, Patrick Henry, Richard Henry Lee of Virginia, and George Clinton, governor of New York. Two members of the Constitutional Convention, Edmund Randolph and George Mason, became Antifederalists because they believed the new Constitution should have included a bill of rights. Sam Adams agreed. He opposed the Constitution because he believed it endangered the independence of the states. Many Antifederalists were western farmers living far from the coast. These people considered themselves self-sufficient and were suspicious of the wealthy and powerful. Many of them were also deeply in debt and suspected that the new Constitution was simply a way for wealthy creditors to get rid of paper money and foreclose on their farms. One farmer named Amos Singletary wrote to the Massachusetts Gazette expressing views that many western farmers shared: These lawyers and men of learning, and moneyed men, that talk so finely, and gloss over matters so smoothly, to make us poor, illiterate people swallow down the pill, expect to get into Congress themselves; they expect to be managers of this Constitution, and get all the power and all the money into their own hands, and then they will swallow up all us little folks, like the great Leviathan, Mr. President; yes, just like the whale swallowed up Jonah. GOVERNMENT The Federalist Although many influential American leaders opposed the new Constitution, several factors worked against the Antifederalists. First of all, their campaign was a negative one. The Federalists presented a definite program to meet the nation s problems. Although the Antifederalists Analyzing Political Cartoons Support for Ratification A pro-federalist cartoon celebrates New Hampshire becoming the ninth state to ratify the Constitution in Based on the imagery of the cartoon, which state was the first to ratify the Constitution? CHAPTER 5 Section 3, TEACH Daily Lecture and Discussion Notes 5 3 Copyright by The McGraw-Hill Companies, Inc. Daily Lecture and Discussion Notes Chapter 5, Section 3 Did You Know? The Federalists and the Antifederalists developed into the first political parties in the United States. I. A Great Debate (pages ) A. People who supported the Constitution were called Federalists. Supporters of the Federalists and the new Constitution included large landowners, merchants and artisans from large coastal cities, and many farmers who lived near the coast or along rivers that led to the coast. B. Opponents to the Constitution were called Antifederalists. Many opponents believed the new Constitution should include a bill of rights. Many opposed the Constitution because they thought it endangered the independence of the states. Antifederalists included some prominent American leaders and western farmers living far from the Drawing a Political Cartoon Have students select an event or issue in this section and draw a political cartoon. Suggest that students look at examples of political cartoons in several newspapers to get ideas for their own cartoon. L2 Analyzing Political Cartoons Answer: Delaware Ask: When only nine states were needed to ratify the Constitution, why was the approval of Virginia and New York so important? (They were large, powerful states needed to make the new federal government work.) CHAPTER 5 Creating a Constitution 173 COOPERATIVE LEARNING ACTIVITY Writing a Biography Write the following names on small slips of paper: Samuel Adams, Richard Henry Lee, George Mason, Edmund Randolph, James Madison, Alexander Hamilton, and John Jay. Repeat until you have enough slips for each student to have one. Have students draw the names without looking. Organize the class into groups according to the names the students selected. For example, all students who drew Samuel Adams are in the same group. Have each group work together to create a biography of the person whose name they selected. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. VIDEOCASSETTE Historic America Electronic Field Trips View Tape 1, Chapter 7: Independence Hall. 173

23 CHAPTER 5 Section 3, Answers: 1. possible answer: the majority or a large faction making decisions in its own interest to the detriment of all others 2. Answers may vary. Some students may say the constitutional system, not the people, has preserved liberty. Others may note that slavery and civil rights issues required a struggle to achieve liberty. Ask: Do you think that Thomas Jefferson supported Shays s Rebellion? (He probably did not support the rebellion. Rather he supported the idea that people have the right to protest against their government or against laws that oppress them.) Guided Reading Activity 5 3 Name Date Class Guided Reading Activity 5-3 DIRECTIONS: Recalling Facts Read the section and answer the questions below. Refer to your textbook to write the answers. 1. Where did the debate over the ratification of the new Constitution take place? 2. Who supported the Federalists and the Constitution? 3. Why were farmers who lived near the coast and farmers who shipped goods across state borders in favor of the new Constitution? 4. What was the real issue the Antifederalists had with the new Constitution? Answer: large landowners, merchants, artisans, and farmers who exported crops Should the Majority Rule? James Madison argued persuasively for the Constitution s ratification. In The Federalist #10, Madison explained that the Constitution would prevent the effects of faction the self-seeking party spirit of a democracy. In contrast, Thomas Jefferson argued that the will of the majority would thwart the tyranny of oppressive government. James Madison opposes majority rule: When a majority is included in a faction, the form of popular government... enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.... [A] pure democracy...can admit of no cure for the mischiefs of faction [and has always] been found incompatible with personal security or the rights of property.... A republic, by which I mean a government in which the scheme of representation takes place... promises the cure for which we are seeking.... The effect of [a republic] is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. complained that the Constitution failed to protect basic rights, they had nothing to offer in its place. The Federalists were also better organized than their opponents. Most of the nation s newspapers supported them. The Federalists were able to present a very convincing case in their speeches, pamphlets, and debates in state conventions. The Federalists arguments for ratification were summarized in The Federalist a collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay. Under the joint pen name of Publius, the three men published most of the essays in New York newspapers in late 1787 and early 1788 before collecting them in The Federalist. ; (See pages for examples of Federalist writings.) The essays explained how the new Constitution worked and why it was needed. They were very Thomas Jefferson defends majority rule: I own I am not a friend to a very energetic government. It is always oppressive. The late rebellion in Massachusetts has given more alarm than I think it should have done. Calculate that one rebellion in 13 states in the course of 11 years, is but one for each state in a century & a half. No country should be so long without one.... After all, it is my principle that the will of the Majority should always prevail. If they approve the proposed [Constitution] in all its parts, I shall concur in it chearfully, in hopes that they will amend it whenever they shall find it works wrong.... Above all things I hope the education of the common people will be attended to; convinced that on their good sense we may rely with the most security for the preservation of a due degree of liberty. Learning From History 1. What were the mischiefs that Madison believed republican government could prevent? 2. Was Jefferson correct in believing the voice of the common people would preserve liberty? Explain. influential. Even today, judges, lawyers, legislators, and historians rely upon The Federalist to help them interpret the Constitution and understand what the original framers intended. Reading Check Summarizing Which groups of people tended to support the new Constitution? The Fight for Ratification As the ratifying conventions began to gather, the Federalists knew that they had clear majorities in some states but that the vote was going to be much closer in others, including the large and important states of Massachusetts, Virginia, and New York. The first state conventions took place in December 1787 and January Although Delaware, 3 ASSESS Assign Section 3 Assessment as homework or as an in-class activity. Have students use the Interactive Tutor Self- Assessment CD-ROM. 174 CHAPTER 5 Creating a Constitution MEETING SPECIAL NEEDS Kinesthetic Have students work in small groups to create maps showing the order in which the states ratified the Constitution. Each group should come up with its own color-coding scheme and key to explain its map. Students may wish to elaborate on their maps by working written explanations or time lines into their color-coding scheme. Groups should share their finished maps with each other. L2 Refer to Inclusion for the High School Social Studies Classroom Strategies and Activities in the TCR. 174

24 Pennsylvania, New Jersey, Georgia, and Connecticut all quickly ratified the Constitution, the most important battles still lay ahead. Ratification in Massachusetts In Massachusetts, opponents of the Constitution held a clear majority when the convention met in January They included the great patriot Samuel Adams. Federalists moved quickly to meet Adams s objections to the Constitution. They promised to attach a bill of rights to the Constitution once it was ratified. They also agreed to support an amendment that would reserve for the states all powers not specifically granted to the federal government. These concessions, in combination with the fact that most artisans sided with the Federalists, persuaded Adams to vote for ratification. In the final vote, 187 members of the convention voted in favor of the Constitution while 168 voted against it. By the end of June 1788, Maryland, South Carolina, and New Hampshire had ratified the Constitution. The Federalists had reached the minimum number of states required to put the new Constitution into effect, but Virginia and New York still had not ratified. Without the support of these two large states, many feared the new government would not succeed. Virginia and New York George Washington and James Madison presented strong arguments for ratification to the Virginia convention. Patrick Henry, Richard Henry Lee, and other Antifederalists made several strong arguments against it. In the end, Madison s promise to add a bill of rights won the day for the Federalists. In New York, two-thirds of the members elected to the state convention, including Governor George Clinton, were Antifederalists. The Federalists, led by Alexander Hamilton and John Jay, managed to delay the final vote until news arrived that New Hampshire and Virginia had both ratified the Constitution and that the new federal government was now in effect. If New York refused to ratify, it would be in a very awkward position. It would have to operate independently of all of the surrounding states. This argument convinced enough Antifederalists to change sides. The vote was very close, 30 to 27, but the Federalists won. By July 1788, all the states except Rhode Island and North Carolina had ratified the Constitution. Because ratification by nine states was all that the Constitution required, the new government could be launched without them. In mid-september 1788, the Confederation Congress established a timetable for the election of the new government. It chose March 4, 1789, as the date for the first meeting of the new Congress. The two states that had held out finally ratified the Constitution after the new government was in place. North Carolina waited until a bill of rights had actually been proposed, then voted to ratify the Constitution in November Rhode Island, still nervous about losing its independence, did not ratify the Constitution until May 1790, and even then the vote was very close 34 to 32. The United States now had a new government, but no one knew if the new Constitution would work any better than the Articles of Confederation. With both anticipation and nervousness, the American people waited for their new government to begin. Many expressed great confidence, because George Washington had been chosen to become the first president under the new Constitution. Reading Check Examining Why was it important for Virginia and New York to ratify the Constitution, even after the required nine states had done so? CHAPTER 5 Section 3, Reading Essentials and Study Guide 5 3 Name Date Class Study Guide Chapter 5, Section 3 For use with textbook pages RATIFICATION KEY TERMS AND NAMES Federalists those who supported the Constitution (page 173) Antifederalists those who opposed the Constitution (page 173) John Hancock prominent Antifederalist (page 173) Patrick Henry prominent Antifederalist (page 173) DRAWING FROM EXPERIENCEII Imagine that you are a delegate to one of the state conventions called to ratify the Constitution. Would you support ratification or oppose it? Why? Section Quiz 5 3 Name Date Class Chapter 5 Section Quiz 5-3 DIRECTIONS: Matching Match each item in Column A with the items in Column B. Write the correct letters in the blanks. (10 points each) Column A Column B 1. great patriot from Massachusetts who had objections to the A. John Hancock Constitution B. Antifederalists 2. prominent Antifederalist C. Samuel Adams 3. supporters of the Constitution D. Federalists 4. a collection of essays written by James Madison E. The Federalist 5. opponents to the Constitution DIRECTIONS: Multiple Choice In the blank at the left, write the letter of the choice that best completes the statement or answers the question. (10 points each) 6. Antifederalists opposed the Constitution because they thought it Answer: Without the support of these two large, influential states, many feared that the new government would not succeed. Score Checking for Understanding 1. Define: Federalist, Antifederalist. 2. Identify: John Hancock, Patrick Henry. 3. List the groups of people who opposed ratification of the Constitution. 4. Explain why the Federalists had an advantage over the Antifederalists. Reviewing Themes 5. Government and Democracy Do you think it was important for all the states to ratify the Constitution? Why or why not? Critical Thinking 6. Analyzing How did the Federalists attempt to assure ratification of the Constitution? 7. Organizing Use a graphic organizer similar to the one below to list the factors that worked against the Antifederalists. Factors Working Against Antifederalists Analyzing Visuals 8. Studying Cartoons Examine the cartoon on page 173. Why was New Hampshire s ratification of the Constitution important? Writing About History 9. Persuasive Writing Take on the role of a Federalist or an Antifederalist at a state ratifying convention. Write a speech in which you try to convince your audience to either accept or reject the new Constitution. Reteach Have students choose sides and debate the issue of ratification. Enrich Have students read one of the essays from The Federalist. Ask them to write a short report summarizing the essay and indicating to which section of the Constitution it is related. 1. Terms are in blue. 2. John Hancock (p. 173), Patrick Henry (p. 173) 3. Ratification was opposed by western farmers, people who wanted a weak national government, and people who wanted a bill of rights. 4. Federalists had a plan while the Antifederalists did not. The Federalists were better organized and had the support of the newspapers. 5. Students answers should include a logical explanation. 6. Federalists gave speeches, held debates, and wrote pamphlets and articles including The Federalist. 7. Factors working against CHAPTER 5 Creating a Constitution 175 Antifederalists: negative campaign, not well organized, did not have support of newspapers, were not as wealthy as the Federalists. 8. New Hampshire was the ninth state to ratify, which meant the Constitution was adopted. 9. Students speeches will vary but should be persuasive. 4 CLOSE Ask students to speculate why a Bill of Rights was so important to many of the state conventions. 175

25 CHAPTER 5 Assessment and Activities MindJogger Videoquiz Use the MindJogger Videoquiz to review Chapter 5 content. Reviewing Key Terms Students answers will vary. The pages where the words appear in the text are shown in parentheses. 1. duty (p. 159) 2. recession (p. 160) 3. popular sovereignty (p. 168) 4. federalism (p. 168) 5. separation of powers (p. 168) 6. legislative branch (p. 168) 7. executive branch (p. 168) 8. judicial branch (p. 168) 9. checks and balances (p. 169) 10. veto (p. 169) 11. impeach (p. 169) 12. amendment (p. 169) 13. Federalist (p. 173) 14. Antifederalist (p. 173) Reviewing Key Facts 15. Northwest Ordinance (p. 159), Shays s Rebellion (p. 161), Three-Fifths Compromise (p. 167), John Hancock (p. 173), Patrick Henry (p. 173) 16. Shays s Rebellion focused attention on the weakness of the states in solving economic problems. 17. The separation of powers was achieved by creating three branches of government: legislative, executive, and judicial. 18. Landowners wanted the property protection a strong central government could provide. Merchants supported the Constitution because it gave the federal government the power to regulate trade. 19. The collection of 85 essays summarized the arguments for ratification of the Constitution. 176 Available in VHS Reviewing Key Terms On a sheet of paper, use each of these terms in a sentence. 1. duty 2. recession 3. popular sovereignty 4. federalism 5. separation of powers 6. legislative branch 7. executive branch Reviewing Key Facts 8. judicial branch 9. checks and balances 10. veto 11. impeach 12. amendment 13. Federalist 14. Antifederalist 15. Identify: Northwest Ordinance, Shays s Rebellion, Three- Fifths Compromise, John Hancock, Patrick Henry. 16. How did Shays s Rebellion indicate the need for a stronger national government? 17. How did the Founders provide for a separation of powers in the federal government? 18. Why did large landowners and merchants support the Constitution? Problem The newly independent colonies needed a central government. The weak central government created by the Articles led to diplomatic problems with other nations. The states began to act as independent countries to protect their trade rights. Opponents of the proposed new federal government feared that it would become too powerful. Constitutional delegates feared that one branch of the federal government would become too powerful. Delegates realized that the Constitution might need to be changed over time. Critical Thinking 20. Students answers will vary. Answers should focus on one of the actual flaws such as no power to impose taxes, no power to regulate trade, and no power to force states to abide by the peace treaty. 21. limited government: separation of powers, checks and balances, veto, and impeachment 19. What was the purpose of The Federalist? Critical Thinking 20. Analyzing Themes: Government and Democracy What do you think was the most serious flaw of the Articles of Confederation? Why do you think so? 21. Organizing Use a graphic organizer similar to the one below to indicate what details the Founders included in the Constitution to provide for a limited government. Limited Government 22. Interpreting Primary Sources In his 1789 textbook The American Geography, Reverend Jedidiah Morse discusses the defects of the Articles of Confederation. Read the excerpt and answer the questions that follow. Solution The Articles of Confederation were adopted as the country s first constitution. Delegates at the Constitutional Convention adopted the Virginia Plan, which proposed the creation of a new federal government. The Constitution divided power between the federal government and the state governments and established three branches of power in the federal government. The Constitution gave each branch of the federal government the ability to limit the power of the other branches. A system for making amendments was added, and the Constitution was ratified. 22. a. They had no power to compel obedience. b.they were effective during the Revolution when states had a common goal. Practicing Skills 23. a. New Jersey Plan; b. It gave Congress the power to raise taxes and regulate trade.

26 HISTORY Self-Check Quiz Visit the American Vision Web site at tav.glencoe.com and click on Self-Check Quizzes Chapter 5 to assess your knowledge of chapter content. [The Articles of Confederation] were framed during the rage of war, when a principle of common safety supplied the place of a coercive power in government.... When resolutions were passed in Congress, there was no power to compel obedience.... Had one state been invaded by its neighbour, the union was not constitutionally bound to assist in repelling the invasion.... quoted in Readings in American History a. What defects in the Articles does Morse see? b. Why does Morse think the Articles were effective during the American Revolution but not afterward? Practicing Skills 23. Making Comparisons Reread the passage about the Virginia and New Jersey Plans from Chapter 5, Section 2, on page 166. Then answer the following questions. a. Which plan gave more power to the states? b. What new power did the New Jersey plan grant to Congress? Writing Activity 24. Portfolio Writing Take on the role of an American living during the Constitution s ratification. Write a letter to a friend in Britain describing the form of the new government. Explain why you support or oppose ratification and what you think life will be like under the new government. Chapter Activity 25. Technology Activity: Sending an Use the Internet to find the latest bills that are pending in Congress. Choose one of these bills or choose an issue that is important to you and your community. Send an to your senator or representative, persuading him or her how to vote on the issue. Provide reasons for your position. Geography and History 26. The map on this page shows the western land claims of the original states. Study the map and answer these questions. a. Interpreting Maps Which state had the largest land claims in the West? 0 Mississippi River L O U I S (Ceded to by Spain, 1800) France I A N A South Carolina, miles kilometers Albers Conic Equal-Area projection Lake Superior BRITISH NORTH AMERICA Massachusetts, 1785 Lake Michigan Ohio River Lake Huron Connecticut, 1786 Ceded by Connecticut, 1800 North Carolina, 1790 Georgia, 1802 Ceded by Spain, 1795 Ceded by Georgia, W Lake Erie GA. SPANISH FLORIDA VT., 1791 (Claimed by N.Y., Mass., and N.H.) Lake Ontario S.C. PA. VA. N.C. N.Y. MD. MAINE (Part of MASS.) N.H. MASS. N.J. DEL. R.I. CONN. Land ceded Boundary of land ceded by New York, 1782 Boundary of land ceded by Virginia, 1784 State of Franklin Thirteen original 80 W states after land cessions b. Applying Geography Skills Why do you think the states eventually agreed to surrender their land claims to the Confederation Congress? Standardized Test Practice Directions: Choose the best answer to the following question. Which of the following is an opinion about the Constitution? F By 1790 all states had ratified the Constitution. G A major concern in writing the Constitution was how many representatives each state would have. H Under the Constitution, the federal government could raise money to operate the government. J Western Land Claims of the Original States, 1787 CHAPTER 5 Because of the Constitution, the United States has a better democracy than other countries. Test-Taking Tip: An opinion is not a proven fact (such as answer F). Opinions often contain subjective words, like best. W N S E 30 N 45 N 40 N 75 W Atlantic Ocean CHAPTER 5 Creating a Constitution N Assessment and Activities HISTORY Have students visit the Web site at tav.glencoe.com to review Chapter 5 and take the Self-Check Quiz. Geography and History 26. a. Virginia; b. possible answers: to support the Confederation Congress or because they thought governing the land would be too difficult Standardized Test Practice Answer: J Test-Taking Tip: Since the question asks for an opinion, encourage students to look for subjective words such as better, best, worse, worst. Only J uses a subjective expression, a better democracy. Bonus Question? Ask: How did Robert Morris assist the Continental Congress? (He personally pledged large amounts of money for the war effort, backing the worthless paper currency the Continental Congress had issued. He set up an efficient method of buying rations and uniforms, arranged for foreign loans, and convinced the Congress to create the Bank of North America to finance the military.) Writing Activity 24. Students letters will vary. Students should take on a specific role such as landowner or western farmer when writing their letters. Letters should accurately reflect the sentiments that were prevalent at the time of ratification. Chapter Activity 25. Remind students to use proper netiquette in their contacts with elected officials. Information about bills pending in Congress and contact information for representatives and senators can be found at and 177

27 Beginning the Handbook Inform students that when members of the first Congress gathered in New York in 1789, a bill of rights had not been added to the Constitution. These amendments were important because a number of states made their ratification conditional on such an addition. Other states had threatened to revoke their ratification if the bill of rights proved too radical. Have students speculate why Congress moved so quickly to inaugurate the new government. (The country was eager for a new government. Congress perhaps felt that if the process of government had begun, it would be harder for wavering states to leave the Union.) Constitutions vary from country to country. For example, Article XXIII of Japan s constitution guarantees academic freedom. During the era of communism, the constitutions of Communist countries emphasized economic and social rights such as the right to work, the right to choose an occupation, and the right to leisure. EXTENDING THE CONTENT Constitutions The United States has the oldest written national constitution still in effect. Compared to other written constitutions, it might be characterized as succinct. The average federal constitution contains about 26,500 words, whereas the United States Constitution with its 27 amendments has fewer than 7,500 words. 178

28 Main Idea The Constitution was designed to provide the United States with a stronger national government while remaining flexible enough to meet the changing circumstances of the growing nation. Key Terms and Names popular sovereignty, federalism, enumerated powers, reserved powers, concurrent powers, override, appropriate, impeach, constituent, bill, standing committee, select committee, joint committee, conference committee, cabinet, judicial review, due process September 1786 Annapolis Convention begins May 1787 Constitutional Convention begins Reading Strategy Taking Notes As you read about the Constitution, use the major headings of the handbook to fill in an outline similar to the one below. I. Major Principles A. B. C. D. E. F. G. II. September 1787 Constitution signed and Convention adjourns Reading Objectives: Identify the branches of the federal government and their separate areas of power. Understand and describe the responsibilities that American citizens share. Section Theme Civic Rights and Responsibilities The success of the American system of government depends on citizens being informed. An understanding of the Constitution is key to understanding how the American government operates. June 1788 New Hampshire ratifies Constitution, making it the new form of government December 1791 The Bill of Rights becomes part of the Constitution 1 FOCUS BELLRINGER Motivational Activity Provide pairs of students with board games, such as chess or checkers. Have pairs play the game, but tell them there are no rules. They are to make up their own rules as they go along. After a few minutes, initiate a discussion about the needs for rules and organization. Conclude by asking students to consider why the Constitution might be regarded as rule book for government. In 1987 the United States began a four-year celebration commemorating the Constitution s bicentennial. In a series of ceremonies that lasted to 1991, the nation reflected on the writing and ratifying of the document providing the country s foundation of government. Proclaiming the creation of Citizenship Day and Constitution Week in August 1990, President George Bush quoted the words of Daniel Webster: We may be tossed upon an ocean where we can see no land nor, perhaps, the sun or stars. But there is a chart and a compass for us to study, to con- sult, and to obey. That chart is the Constitution. Serving as the framework of national government and the source of American citizens basic rights, the Constitution is the United States s most important document. As President Bush reminded the nation in his proclamation: [I]f we are to continue to enjoy the blessings of freedom and self-government, each of us must understand our rights and responsibilities as citizens. adapted from Proclamation of Citizenship Day and Constitution Week Guide to Reading Answers to Graphic: I. Major Principles A. Popular Sovereignty B. Republicanism C. Limited Government D. Federalism Students should complete the outline by including all heads in the section. Preteaching Vocabulary Ask students to write definitions of each of the entries listed in the Key Terms. Have them check their definitions as they read the section. Daniel Webster and George Bush EXTENDING THE CONTENT The Constitution Handbook 179 Historic Building The red brick building in which the Framers met to draw up the Constitution is now known as Independence Hall. Several important events took place there, including the meetings of the First and Second Continental Congresses and Jefferson s reading of the Declaration of Independence. Not many governments have had the stability that the United States Constitution has provided. France, for example, has had more than a dozen different constitutions. Peru, independent since 1821, has had

29 2 TEACH Discussing Precedents Have groups of students recall aspects of self-government with which American colonists had experimented. (Answers include the Mayflower Compact, the Articles of Confederation, and organizations such as the Virginia House of Burgesses and the Continental Congress.) Explain that this handbook will help them see how those experiments helped shape the American system of government L1 ELL History Answer: the authority of the people Ask: How is the concept of limited government a reflection of popular sovereignty? (The central government is not all powerful, it is limited. The people give consent to be governed.) The power to award titles of nobility is denied to Congress. This clause was written into the Constitution to prevent the development of a noble class in the United States. Major Principles The principles outlined in the Constitution were the Framers solution to the complex problems of a representative government. The Constitution rests on seven major principles of government: (1) popular sovereignty, (2) republicanism, (3) limited government, (4) federalism, (5) separation of powers, (6) checks and balances, and (7) individual rights. Popular Sovereignty The opening words of the Constitution, We the people, reinforce the idea of popular sovereignty, or authority of the people. In the Constitution, the people consent to be governed and specify the powers and rules by which they shall be governed. The Articles of Confederation form of government had few powers, and it was unable to cope with the many challenges facing the nation. The new constitutional government had greater powers and influence, but it also had specific limitations. A system of interlocking responsibilities kept any one branch of government from becoming too powerful. Republicanism Voters hold sovereign power in a republican system. The people elect representatives and give them the responsibility to make laws and conduct government. For most Americans today, the terms republic and representative democracy mean the same thing: a system of limited government where the people are the final source of authority. Limited Government Although the Framers agreed that the nation needed a stronger central authority, they feared misuse of power. They wanted to prevent the government from using its power to give one group special advantages or to deprive another group of its rights. By creating a limited government, they restricted the government s authority to specific powers granted by the people. The Federal System Enumerated Concurrent Powers Powers Powers enumerated Powers concurrent to national to national and government; state governments; for example, for example, declaring war the power to tax 180 The Constitution Handbook Reserved Powers Powers reserved for state governments; for example, setting up educational system The Right to Vote The voting booth is a symbol of one of the Constitution s major principles popular sovereignty. What does popular sovereignty mean? The members of the Constitutional Convention wished to list the range of powers granted to the new government as specifically as possible. Their decision to write down the governmental outline also served as a clear record of what they intended. Article I of the Constitution states the powers that the government has and does not have. Other limits on government appear in the Bill of Rights, which guarantees certain rights and liberties to the people. Federalism In establishing a strong central government, the Framers did not deprive states of all authority. The states would give up some powers to the national government while retaining others. States could no longer print their own money or tax items imported from other states, but mostly, each state continued to govern itself much as it had in the past. This principle of shared power is federalism. Our federal government allows the people of each state to deal with their needs in their own way. At the same time, it lets the states act together to deal with matters that affect all Americans. The Constitution defines three types of government powers. Certain powers belong only to the COOPERATIVE LEARNING ACTIVITY Exploring Key Concepts Organize the class into groups of four students, one group for each of the Constitution s underlying principles: popular sovereignty, limited government, federalism, and separation of powers. Have each group define the principle and locate at least one part of the Constitution that addresses that principle. Allow time for presentations of each group s work. Follow up with a class vote about which principle they think affects their lives the most today. 180 Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics.

30 Legislative Branch Congress Makes the Law Checks and Balances Judicial Branch Supreme Court Interprets the Law Checks on the Judicial Branch: Creates lower federal courts Can impeach and remove judges Can propose amendments to overrule judicial decisions Approves appointments of federal judges Checks on the Executive Branch: Can override presidential veto Confirms executive appointments Ratifies treaties Can declare war Appropriates money Can impeach and remove president federal government. These enumerated powers include the power to coin money, regulate interstate and foreign trade, maintain the armed forces, and create federal courts (Article I, Section 8). The second kind of powers are those retained by the states, known as reserved powers, including the power to establish schools, pass marriage and divorce laws, and regulate trade within a state. Although specific reserved powers are not listed in the Constitution, the Tenth Amendment says that all powers not specifically granted to the federal government are reserved to the States. The third set of powers defined by the Constitution are concurrent powers powers the state and federal governments share. They include the right to raise taxes, borrow money, provide for public welfare, and administer criminal justice. Conflicts between state law and federal law must be settled in a federal court. The Constitution declares that it is the supreme Law of the Land. Separation of Powers To prevent any single group or institution in government from gaining too much authority, the Framers divided the federal government into three branches: legislative, executive, and judicial. Each branch has its own functions Checks on the Legislative Branch: Can declare acts of Congress unconstitutional Checks on the Legislative Branch: Can propose laws Can veto laws Can call special sessions of Congress Makes appointments to federal posts Negotiates foreign treaties Checks on the Executive Branch: Can declare executive actions unconstitutional Executive Branch President Carries Out the Law Checks on the Judicial Branch: Appoints federal judges Can pardon federal offenders Each branch can limit the others power. Analyzing Information How can the president help control the judiciary? and powers. The legislative branch, Congress, makes the laws. The executive branch, headed by the president, carries out the laws. The judicial branch, consisting of the Supreme Court and other federal courts, interprets and applies the laws. In addition to giving separate responsibility to separate branches, the membership of each branch is chosen in different ways. The president nominates federal judges and the Senate confirms the appointments. People vote for members of Congress. Voters cast ballots for president, but the method of election is indirect. On Election Day the votes in each state are counted. Whatever candidate receives a majority receives that state s electoral votes, which total the number of senators and representatives the state has in Congress. Electors from all states meet in December after the November election to formally elect a president. A candidate must receive at least 270 of 538 electoral votes to win. Checks and Balances The Framers also established a system of checks and balances in which each branch of government can check, or limit, the Answer: The president nominates federal judges and can grant federal pardons. Chart Skills Practice Ask: Of the three branches of government, which one interprets the law? (the judicial branch) Check The term check comes from Persian and is related to the royal title shah. It is also a sports term, relating to a blocking action in hockey. Students may hear so much grumbling about governmental issues today that they may wonder why we say that the government is empowered by popular sovereignty. Point out that popular comes from the Latin word populus, meaning the people. The same Latin word also gives us population and populate. The Constitution Handbook 181 MEETING SPECIAL NEEDS Verbal/Linguistic Committing the Preamble of the Constitution to memory provides a useful language model for students spoken language development. To aid in this memory task, structure the activity by asking students to write the words who, why, and what in their notebooks. Have students write the various phrases of the Preamble under the words to which they are most closely related. L3 Refer to Inclusion for the High School Social Studies Classroom Strategies and Activities in the TCR. 181

31 Answer: to protect individual rights by limiting the powers of the police Chart Skills Practice Ask: Why do you think a higher degree of approval is needed to ratify an amendment than to propose one? (Students may suggest that this is one way in which the Framers sought to discourage minor or frequent changes to the Constitution.) Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 The Bill of Rights: The First Ten Amendments Guarantees freedom of religion, of speech, and of the press, and the right to assemble peaceably and to petition the government Guarantees the right to organize state militias and bear arms Prohibits quartering soldiers in private homes in peacetime and limits it in time of war Prohibits the unreasonable search and seizure of persons and property without a valid warrant Requires a grand jury for serious criminal charges; prohibits double jeopardy; prohibits forcing accused persons to testify against themselves; guarantees that no one may be deprived of life, liberty, or property, without due process of law; prohibits government taking private property for public use without just compensation Guarantees suspects the right to a speedy trial by jury in criminal cases; to know all charges; to question and obtain witnesses; and to have counsel Guarantees a jury trial in most civil cases Prohibits excessive bail and fines and cruel and unusual punishment Assures people that they may have other basic rights in addition to those mentioned in the Constitution Guarantees that rights not given to the federal government, nor denied to the states, are reserved to the states or to the people Constitution A filibuster is an attempt to delay for as long as possible or stop altogether the passage of a bill through the Senate. A filibuster exploits the long-held tradition in the Senate of not limiting debate. A senator can hold the floor as long as he or she wants to, as long as he or she remains talking. The Senate can halt a filibuster by passing a vote of cloture to force a vote. power of the other branches. This system helps balance the power of the three branches. For example, imagine that Congress passes a law. Then the president can reject the law by vetoing it. However, Congress can override, or reverse, the president s veto if two-thirds of the members of both the Senate and the House of Representatives vote again to approve the law. Individual Rights The Bill of Rights became part of the Constitution in These first 10 amendments protect basic liberties and rights that some Americans may take for granted including freedom of speech, freedom of the press, freedom of assembly, freedom of religion, and the right to a trial by jury. The 17 amendments that follow the Bill of Rights expand the rights of Americans and adjust certain provisions of the Constitution. Included among them are amendments that abolish slavery, define citizenship, guarantee voting rights, authorize an income tax, and set a two-term limit on the presidency. 182 The Constitution Handbook Antifederalists demanded a specific list of individual rights and freedoms. Analyzing Information Why did the Framers include Amendment 4, prohibiting unreasonable searches? The Legislative Branch The legislative branch includes the two houses of Congress: the House of Representatives and the Senate. Congress s two primary roles are to make the nation s laws and to control federal spending. The Role of Congress The government cannot spend any money unless Congress appropriates, or sets aside, funds. All tax and spending bills must originate in the House of Representatives and gain approval in both the House and the Senate before moving on to the president for signature. Congress also monitors the executive branch and investigates possible abuses of power. The House of Representatives can impeach, or bring formal charges against, any federal official it suspects of wrongdoing or misconduct. If an official is impeached, the Senate acts as a court and tries the accused official. Officials who are found guilty may be removed from office. INTERDISCIPLINARY CONNECTIONS ACTIVITY Civics Federalism can be graphically illustrated in many ways. After reading the section on federalism, ask students to graphically represent federalism. Encourage them to reflect shared powers as well as independent powers in their graphics. L1 182

32 The Senate also holds certain special powers. Only the Senate can ratify treaties made by the president and confirm presidential appointments of federal officials such as department heads, ambassadors, and federal judges. All members of Congress have the responsibility of representing their constituents, the people of their home states and districts. As a constituent, you can expect your senators and representative to promote national and state interests. Congress at Work Thousands of bills proposed laws are introduced in Congress every year. Because individual members of Congress cannot possibly study all these bills carefully, both houses use committees of selected members to evaluate proposed legislation. Standing committees are permanent committees in both the House and the Senate that specialize in a particular topic, such as agriculture, commerce, or veterans affairs. These committees are usually divided into subcommittees that focus on a particular aspect of an issue. The House and the Senate sometimes form temporary select committees to deal with issues requiring special attention. These committees meet only until they complete their task. 1. A legislator introduces a bill in the House or Senate, where it is referred to a committee for review. 4. If the House and Senate pass different versions of the bill, the houses must meet in a conference committee to decide on a compromise version. How a Bill Becomes Law 2. After review, the committee decides whether to shelve it or to send it back to the House or Senate with or without revisions. 5. The compromise bill is then sent to both houses. Occasionally the House and the Senate form joint committees with members from both houses. These committees meet to consider specific issues, such as the system of federal taxation. One type of joint committee, a conference committee, has a special function. If the House and the Senate pass different versions of the same bill, a conference committee tries to work out a compromise bill acceptable to both houses. Once a committee in either house of Congress approves a bill, it is sent to the full Senate or House for debate. After debate the bill may be passed, rejected, or returned to the committee for further changes. When both houses pass a bill, it goes to the president. If the president approves the bill and signs it, the bill becomes law. If the president vetoes the bill, it does not become law unless Congress overrides the veto. The Executive Branch The executive branch of government includes the president, the vice president, and various executive offices, departments, and agencies. The executive branch carries out the laws that Congress passes. The president plays a number of different roles in government, each of which has specific powers and responsibilities. These roles include the nation s 3. The House or Senate then debates the bill, making revisions if desired. If the bill is passed, it is sent to the other house. 6. If both houses pass the bill, it is sent to the president to sign. Answer: A conference committee composes a version of a bill both houses of Congress can agree to. Chart Skills Practice Ask: When does a bill officially become law? (A bill becomes law when the president signs it or when Congress overrides a presidential veto.) Refer to The Living Constitution for student activities and information related to the Constitution. Discussing the Process Discuss with students the power the Constitution gives the president by allowing him or her to veto any bill received from Congress. Ask: How is the power of the veto part of the checks and balances system? (The veto is a check on Congress s ability to make laws.) How can Congress override a presidential veto? (Congress can override the veto with a two-thirds majority vote in both House and Senate.) L2 7. If the president signs the bill, it becomes law. 8. The president may veto the bill, but if two-thirds of the House and Senate vote to approve it, it becomes law without the president s approval. The legislative process is complex. Analyzing Information What is the role of a conference committee? The Constitution Handbook 183 CRITICAL THINKING ACTIVITY Analyzing More than 9,000 amendments to the Constitution have been proposed, but only 27 have become part of the Constitution. Using this numerical information, ask students to calculate the odds of a proposed amendment being approved. Ask them to discuss the wisdom of making the amendment process so difficult. L3 183

33 The Amendment Process Proposal Ratification Answer: Two-thirds of the states can request a national convention to propose amendments. States must approve amendments before they can be added to the Constitution. They can do so in one of two ways. Legislatures in three-fourths of the states may approve the amendment, or conventions in three-fourths of the states may approve the amendment. Chart Skills Practice Ask: How can Congress propose an amendment to the Constitution? (with a two-thirds majority in both houses of Congress) Researching Amendments The Constitution states that either Congress or a national convention requested by two-thirds of the states may propose changes to the Constitution. Tell students that of the 27 amendments to the Constitution, all were proposed by Congress; not a single ratified amendment to the Constitution has come via the states requesting a national convention. Tell students to research the amendment process and come up with at least two reasons why Congress has proposed all of the amendments. L3 Amendment proposed by a vote of two-thirds of both houses of Congress or Amendment proposed by a national convention requested by two-thirds of states chief executive, chief diplomat, commander in chief of the military, chief of state, and legislative leader. The President s Roles Chief Executive and Chief Diplomat As chief executive, the president is responsible for carrying out the nation s laws. As chief diplomat, the president directs foreign policy, appoints ambassadors, and negotiates treaties with other nations. Commander in Chief As commander in chief of the armed forces, the president can use the military to intervene or offer assistance in crises at home and around the world. The president cannot declare war; only Congress holds this power. The president can send troops to other parts of the world for up to 60 days but must notify Congress when doing so. The troops may remain longer only if Congress gives its approval or declares war. Chief of State As chief of state, the president serves a symbolic role as the representative of all Americans. The president fulfills this role when receiving foreign ambassadors or heads of state, visiting foreign nations, or honoring Americans. Legislative Leader The president serves as a legislative leader by proposing laws to Congress and working to see that they are passed. In the annual State of the Union address, the president presents goals for legislation. The Executive Branch at Work Many executive offices, departments, and independent agencies help the president carry out and enforce the nation s laws. The Executive Office of the President (EOP) is made up of individuals and agencies that directly assist the president. Presidents rely heavily After approval by three-fourths of state legislatures or After approval by three-fourths of state ratifying conventions New amendment to the Constitution Amending the Constitution helps it adapt to changing times. Analyzing Information What role do the states play in the amendment process? on the EOP for advice and for gathering information needed for decision making. The executive branch also includes 14 executive departments, each responsible for a different area of government. For example, the Department of State plans and carries out foreign policy, and the Department of the Interior manages and protects the nation s public lands and natural resources. The heads of these departments, who have the title of secretary, are members of the president s cabinet. This group helps the president make decisions and set government policy. The Judicial Branch Article III of the Constitution calls for the creation of a Supreme Court and such inferior [lower] courts as Congress may from time to time ordain and establish. Today the judicial branch consists of three main categories of courts, including: District Courts United States district courts are the lowest level of the federal court system. These courts consider criminal and civil cases that come under federal authority, including such criminal offenses as kidnapping and federal tax evasion. Civil cases cover claims against the federal government and cases involving constitutional rights, such as free speech. There are 91 district courts, with at least one in every state. Appellate Courts The appellate courts, or appeals courts, consider district court decisions in which the losing side has asked for a review of the 184 The Constitution Handbook EXTENDING THE CONTENT Ambassadors As part of the duties as chief diplomat for the United States, the president appoints ambassadors who carry the title Ambassador Extraordinary and Plenipotentiary to foreign posts. As official representatives of the United States, ambassadors protect the political, economic, and social interests of the United States government. 184

34 verdict. If an appeals court disagrees with the lower court s decision, it can either overturn the verdict or order a retrial. There are 14 appeals courts in the United States, one for each of the 12 federal districts, a military appeals court, and an appellate court for the federal circuit. The Supreme Court The Supreme Court, the final authority in the federal court system, consists of a chief justice and eight associate justices. Most of the Supreme Court s cases come from appeals of lower court decisions. Only cases involving foreign ambassadors or disputes between states can begin in the Supreme Court. Supreme Court Independence The Supreme Court is the least public of the government s branches. The president appoints the Court s justices for life, and the Senate confirms the appointments. The public has no input. The Framers hoped that because judges were appointed rather than elected, they would be free to evaluate the law with no consideration of pleasing a group of electors. Judicial Review The role of the judicial branch is not described in very much detail in the Constitution, but the role of the courts has grown as powers implied in the Constitution have been put into practice. In 1803 Chief Justice John Marshall expanded the powers of the Supreme Court by The Federal Court System U.S. Supreme Court striking down an act of Congress in the case of Marbury v. Madison. Although not mentioned in the Constitution, judicial review has become a major power of the judicial branch. Judicial review gives the Supreme Court the ultimate authority to interpret the meaning of constitutional provisions and explain how the words of this 200-year-old document apply to our modern nation. ; (See page 1081 for more information on Marbury v. Madison.) The Rights of American Citizens The rights of Americans fall into three broad categories: the right to be protected from unfair actions of the government, to receive equal treatment under the law, and to retain basic freedoms. Protection from Unfair Actions Parts of the Constitution and the Bill of Rights protect all Americans from unfair treatment by the government or the law. Among these rights are the right to a lawyer when accused of a crime and the right to trial by jury when charged with a crime. In addition, the Fourth Amendment protects us from unreasonable searches and seizures. This provision requires police to have a court order before searching a person s home for criminal evidence. To obtain this, the police must have a very strong reason to suspect the person of committing a crime. Discussing Appointments Presidents appoint Supreme Court justices for life. Have students create a pro con chart that deals with limiting Supreme Court terms. Organize students in groups, and have them share their ideas and create a group chart. Of the approximately 7,000 cases that get sent to the U.S. Supreme Court each year, the Court agrees to hear only 160 or so. Many cases are rejected simply because they were improperly filed. Answer: A case originating in Puerto Rico would be appealed through one of the 12 U.S. Courts of Appeals. U.S. Court of Military Appeals 12 U.S. Courts of Appeals U.S. Court of Appeals for the Federal Circuit Chart Skills Practice Ask: Cases that are appealed in U.S. Tax Courts go to which court? (the U.S. Court of Appeals) Military Courts U.S. Tax Courts Territorial Courts 91 U.S. District Courts U.S. Court of International Trade U.S. Claims Courts U.S. Court of Veterans Appeals Federal Regulatory Agencies U.S. Courts of the District of Columbia Highest State Courts 1. Interpreting Charts How many routes to the U.S. Supreme Court are depicted in the chart? 2. Applying Chart Skills How would a case originating in Puerto Rico be appealed to the U.S. Supreme Court? CRITICAL THINKING ACTIVITY Analyzing Ask students to create a chart with the following presidents in the headings: Franklin D. Roosevelt, Richard M. Nixon, Harry S Truman, Ulysses S. Grant, and Ronald Reagan. Have students research the following information for each president: the total number of vetoes, the number of overturned vetoes, and the number of pocket vetoes. Then have students compare each president s acts and offer suggestions for them. L2 185

35 Discussing the Limits of Rights The First Amendment guarantees an individual s right to free speech. The First Amendment does not, however, give individuals the right to shout fire in a crowded theater. Have students discuss the government s need to balance an individual s constitutional rights with society s need for order and safety. L2 Democracy in Action Town meetings in New England give local residents the chance to express their views. It is a responsibility of American citizens to remain informed about the actions of their local, state, and national government. The Eighteenth Amendment, ratified in 1919, prohibited the manufacture, sale, or transportation of intoxicating liquors, and began what is commonly known as the era of Prohibition. The Twenty-first Amendment, ratified in 1933, repealed the Eighteenth Amendment. This is the only constitutional amendment that has been repealed. Equal Treatment All Americans, regardless of race, religion, or political beliefs, have the right to be treated the same under the law. The Fifth Amendment states that no person shall be deprived of life, liberty, or property, without due process of law. Due process means that the government must follow procedures established by law and guaranteed by the Constitution, treating all people equally. The Fourteenth Amendment requires every state to grant its citizens equal protection of the laws. Basic Freedoms The basic freedoms involve the fundamental liberties outlined in the First Amendment freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and the right to petition. In a democracy, power rests in the hands of the people. Therefore, citizens in a democratic society must be able to exchange ideas freely. The First Amendment allows citizens to criticize the government, in speech or in the press, without fear of punishment. In addition, the Ninth Amendment states that the rights of Americans are not limited to those mentioned in the Constitution. This has allowed basic freedoms to expand over the years through the passage of other amendments and laws. The Twentysixth Amendment, for example, extends the right to vote to American citizens who are at least 18 years of age. Limits on Rights The rights of Americans have certain limitations, based on the principle of respecting everyone s rights equally. For example, many cities and towns require groups to obtain a 186 The Constitution Handbook permit to march on city streets. While such a law does limit free speech, it also protects the community by allowing the police to make provisions so that the march will not disturb the lives of other people. However, a law banning all marches would be unreasonable and would violate the First Amendment rights of free speech and assembly. Similarly, a law preventing only certain groups from marching would be unfair because it would not apply equally to everyone. In this and other cases, the government balances an individual s rights, the rights of others, and the community s health and safety. Most Americans are willing to accept some limitations on their rights to gain these protections as long as the restrictions are reasonable and apply equally to all. Citizens Responsibilities Participation in a democratic society involves certain duties and responsibilities. Duties are actions required by law. Responsibilities are voluntary actions. Fulfilling both your duties and your responsibilities helps ensure good government and protects your rights. Duties One of the fundamental duties of all Americans is to obey the law. Laws serve three important functions. They help maintain order; they protect the health, safety, and property of all citizens; and they make it possible for people to live together peacefully. If you disobey laws, for example, you endanger others and interfere with the smooth functioning of society. If you believe a law COOPERATIVE LEARNING ACTIVITY 186 Debating Rights Organize the class into five groups, one for each of the five rights incorporated in the First Amendment. Tell students they will have 10 minutes to prepare an outline about the right assigned to their group. Also tell them they will have five minutes to persuade the class that the right they represent is more important than the other four. Tell them to include as many factual details and real-life scenarios as possible. After each group has presented, have the class vote on which right they think is most important. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics.

36 needs to be changed, you can work through your electoral representatives to improve it. Americans also have a duty to pay taxes. The government uses tax money to defend the nation, provide health insurance for people over 65, and build roads and bridges. Americans benefit from services provided by the government. Another duty of citizens is to defend the nation. All males aged 18 and older must register with the government in case the nation needs to call on them for military service. Military service is not automatic, but a war could make it necessary. The Constitution guarantees all Americans the right to a trial by a jury of their equals. For this reason, you should be prepared for jury duty when you become eligible at the age of 18. Having a large group of jurors on hand is necessary to guarantee the right to a fair and speedy trial. You also have a duty to serve as a trial witness if called to do so. Most states require you to attend school until a certain age. School is where you gain the knowledge and skills needed to be a good citizen. In school you learn to think more clearly, to express your opinions more accurately, and to analyze the statements and ideas of others. These skills will help you make informed choices when you vote. Responsibilities The responsibilities of citizens are not as clear-cut as their duties. Responsibilities are as important as duties, however, because they help maintain the quality of government and society. One important responsibility is to become well informed. You need to know what is happening in your community, your state, your country, and the world. Knowing what your government representatives are doing and expressing your feelings about their actions can help keep the government responsive to the wishes of the people. You also need to be informed about your rights and to exercise them when necessary. Knowing your rights helps preserve them. Other responsibilities include respecting diversity, accepting responsibility for your actions, and supporting your family. Vote, Vote, Vote! Perhaps your most important responsibility as an American citizen will be to vote when you reach the age of 18. Voting allows you to participate in government and guide its direction. When you vote for people to represent you in government, you will be exercising your right of selfgovernment. If you disapprove of the job your representatives are doing, it will be your responsibility to help elect other people in the next election. You can also let your representatives know how you feel about issues through letters, telephone calls, and petitions and by taking part in public meetings or political rallies. To enjoy your rights to the fullest, you must be prepared to respect the rights of others. Respecting the rights of others also means respecting the rights of people with whom you disagree. Respecting and accepting others regardless of race, religion, beliefs, or other differences is essential in a democracy. Civics Administering criminal justice is a controversial shared power. The Framers regarded execution by beheading and drawing and quartering as cruel and unusual punishments. More recently, opponents have argued that any form of capital punishment is cruel and unusual. The Supreme Court has not upheld that view. Currently, some states impose a death penalty; others do not. 3 ASSESS Assign the Constitution Handbook Assessment as homework or as an in-class activity. Checking for Understanding 1. Define: popular sovereignty, federalism, enumerated powers, reserved powers, concurrent powers, override, appropriate, impeach, constituent, bill, standing committee, select committee, joint committee, conference committee, cabinet, judicial review, due process. 2. Summarize the provisions of the First Amendment. Reviewing Themes 3. Civic Rights and Responsibilities What is the difference between a duty and a responsibility? Critical Thinking 4. Comparing Some people want a limit on the number of terms one can serve in the legislature. What are some of the advantages of the present system, which does not limit the number of terms? What are some of the disadvantages? How would one make term limits an official part of the Constitution? 5. Organizing Use a graphic organizer like the one below to list reasons why the Framers of the Constitution provided for separation of powers. Separation of Powers Analyzing Visuals 6. Analyzing Photographs Study the photograph on page 122. How does the democratic voting process reflect our national identity? Writing About History 7. History and Government Working with a partner, choose one of the constitutional rights listed below. Write a report that traces the right s historical development, from the time the Constitution was ratified to the present. suffrage freedom of speech freedom of religion equal protection of law 4 CLOSE Have students offer one-sentence definitions of the terms legislative, executive, judicial, checks and balances, and amendments. 1. Terms are in blue. 2. freedom of speech, religion, and the press; right of assembly; and the right to petition 3. Duties are actions required by law; responsibilities are voluntary. 4. advantages: system functions more smoothly and efficiently with more experienced legislators; disadvantages: cronyism, willingness to stick to status quo, fewer fresh ideas; through the amendment process 5. to prevent one branch of government from becoming too powerful; to provide a system for each branch of government to check and balance the others; to protect individual rights 6. Answers will vary but should note that the ability to vote is a right shared by all citizens. 7. Reports will vary but must include the historical development of the right. 187

37 FOCUS BELLRINGER Motivational Activity Ask students to read the Preamble to the Constitution. Have them identify which purpose of the Constitution is most important to them personally. The members of the Committee of Style William Samuel Johnson, Alexander Hamilton, Gouverneur Morris, James Madison, and Rufus King wrote the final draft of the Constitution. Constitution The word constitution has various definitions. It can refer to the system of laws and principles that defines the right to rule and distribute power, or it can refer to the document on which those laws and principles are actually written. The Constitution of the United States is a truly remarkable document. It was one of the first written constitutions in modern history. The entire text of the Constitution and its amendments follow. For easier study, those passages that have been set aside or changed by the adoption of amendments are printed in blue. Also included are explanatory notes that will help clarify the meaning of important ideas presented in the Constitution. A burst of fireworks celebrating the 200-year anniversary of the Constitution highlights Independence Hall in Philadelphia. MEETING SPECIAL NEEDS Verbal/Linguistic The Constitution, like the Declaration of Independence, is reproduced in its original language and contains a number of unfamiliar words. Point out to students that many of these words are defined in the margin notes. Suggest that students substitute the definitions for the unfamiliar words as they read through the document. Refer to Inclusion for the High School Social Studies Classroom Strategies and Activities in the TCR. 188

38 Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article I Section 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2 [1.] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. [2.] No person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. [3.] Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within 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 chuse three; Massachusetts 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. [4.] When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. [5.] The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. The Preamble introduces the Constitution and sets forth the general purposes for which the government was established. The Preamble also declares that the power of the government comes from the people. The printed text of the document shows the spelling and punctuation of the parchment original. Article I. The Legislative Branch The Constitution contains seven divisions called articles. Each article covers a general topic. For example, Articles I, II, and III create the three branches of the national government the legislative, executive, and judicial branches. Most of the articles are divided into sections. Section 1. Congress Lawmaking The power to make laws is given to a Congress made up of two chambers to represent different interests: the Senate to represent the states and the House to be more responsive to the people s will. Section 2. House of Representatives Division of Representatives Among the States The number of representatives from each state is based on the size of the state s population. Each state is entitled to at least one representative. The Constitution states that each state may specify who can vote, but the Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth Amendments have established guidelines that all states must follow regarding the right to vote. What are the qualifications for members of the House of Representatives? Vocabulary preamble: introduction constitution: principles and laws of a nation enumeration: census or population count impeachment: bringing charges against an official The Constitution Handbook 189 TEACH Analyzing Information Have students research data from the 1990 and 2000 censuses. Students should create a chart that identifies the populations of each state and the number of representatives each state had in Then students should list the populations each state had in 2000 and whether or not that state lost or gained representation in the House of Representatives. Have students identify which states gained the most seats and speculate as to why those states are gaining populations. L2 Answer: A member of the House of Representatives must be at least 25 years old, be a United States citizen for at least seven years, and be an inhabitant of the state from which he or she was elected. VIDEOCASSETTE Historic America Electronic Field Trips View Tape 1, Chapter 7: Independence Hall. EXTENDING THE CONTENT Sergeants-at-Arms House and Senate sergeants-at-arms are the police officers of Congress. They enforce the rules and maintain order. When they walk down the aisle of the legislature, carrying a ceremonial staff called a mace, Congress must be orderly. Any member of Congress who persists in disorderly conduct is guilty of contempt. The sergeants-at-arms also maintain security within the Capitol and associated buildings and supervise the Capitol police force. Sometimes the sergeantsat-arms round up members for floor votes, personally escorting any member who refuses to attend. 189

39 Analyzing Information Write on the board the following, which George Washington supposedly said to Thomas Jefferson in defense of the Senate: We pour legislation into the senatorial saucer to cool it. Have students speculate on what Washington meant by this. (The Senate was seen as the more deliberative of the two houses of Congress.) L1 Answer: The Senate has the power to remove impeached officials from office and disqualify them from holding office in the future. Experience, Not Age The title Senior Senator refers to the senator from each state who has more experience as a senator. A senior senator may actually be younger than the other senator from his or her state. Section 3. The Senate Voting Procedure Originally, senators were chosen by the legislators of their own states. The Seventeenth Amendment changed this, so that senators are now elected by their state s people. There are 100 senators, 2 from each state. What Might Have Been Electing Senators South Carolina delegate Charles Pinckney suggested during the Convention that the members of the Senate come from four equally proportioned districts within the United States and that the legislature elect the executive every seven years. Section 3. The Senate Trial of Impeachments One of Congress s powers is the power to impeach to accuse government officials of wrongdoing, put them on trial, and, if necessary, remove them from office. The House decides if the offense is impeachable. The Senate acts as a jury, and when the president is impeached, the Chief Justice of the United States serves as the judge. A two-thirds vote of the members present is needed to convict impeached officials. What punishment can the Senate give if an impeached official is convicted? Vocabulary president pro tempore: presiding officer of Senate who serves when the vice president is absent quorum: minimum number of members that must be present to conduct sessions 190 The Constitution Handbook Section 3 [1.] The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. [2.] Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. [3.] 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.] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. [5.] The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice- President, or when he shall exercise the Office of the President of the United States. [6.] The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. [7.] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4 [1.] The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in 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 chusing Senators. [2.] The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5 [1.] Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do CRITICAL THINKING ACTIVITY Analyzing Remind students that representation in the House of Representatives is based on each state s population. Then have students ascertain the number of members in the House currently representing their state, and also the number in 1990 and This information is readily available in many almanacs. Ask students to discuss how a change in the number of House seats might affect a state. L2 190

40 Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. [2.] Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. [3.] Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. [4.] Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6 [1.] 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 privileged 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 questioned in any other Place. [2.] No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7 [1.] All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. [2.] Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it Vocabulary adjourn: to suspend a session concurrence: agreement emoluments: salaries revenue: income raised by government bill: draft of a proposed law Section 6. Privileges and Restrictions Pay and Privileges To strengthen the federal government, the Founders set congressional salaries to be paid by the United States Treasury rather than by members respective states. Originally, members were paid $6 per day. In 2002, all members of Congress received a base salary of $150,000. Section 7. Passing Laws Revenue Bill All tax laws must originate in the House of Representatives. This ensures that the branch of Congress that is elected by the people every two years has the major role in determining taxes. Section 7. Passing Laws How Bills Become Laws A bill may become a law only by passing both houses of Congress and by being signed by the president. The president can check Congress by rejecting vetoing its legislation. How can Congress override the president s veto? Constructing a Chart Have students construct a chart categorizing the legislative powers of Congress. Suggest that they list the powers under the following categories: Monetary, Commerce, Regulatory, Judicial, War, Implied. L1 Republican and pacifist Jeannette Rankin of Montana was the first woman elected to the House of Representatives in In 1917, along with 49 House colleagues, Rankin voted against the United States entering World War I. On December 8, 1941, the day after the bombing of Pearl Harbor, she was the only member of Congress to vote against declaring war on Japan. Answer: A bill can become law, despite not being signed by the president, if two-thirds of the House of Representatives and two-thirds of the Senate approve the bill. The Constitution Handbook 191 COOPERATIVE LEARNING ACTIVITY Understanding Ideas Organize students into groups of five to consider one of the expressed powers of Congress: taxing and spending; regulating commerce, foreign policy, and national defense; and providing for the nation s growth. Have each group discuss why the power it selected was delegated to Congress rather than to the executive branch. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. 191

41 Writing Letters Point out that because of the heavy volume of legislation, both houses of Congress have committees that do much of the work in preparing bills. Each committee deals with a particular issue, such as banking, foreign affairs, or natural resources. Encourage students to write letters asking representatives and senators from your state about the committees on which they serve. Invite volunteers to share the replies they receive. L1 Answer: Article I, Section 8, Clause 11 When the first Congress was called to assemble in New York City in 1789, it took nearly a month for enough members to arrive to make a quorum. Section 8. Powers Granted to Congress Expressed Powers Expressed powers are those powers directly stated in the Constitution. Most of the expressed powers of Congress are itemized in Article I, Section 8. These powers are also called enumerated powers because they are numbered 1to18. Which clause gives Congress the power to declare war? Though Congress has many specific powers, the people have the right of protest. Vocabulary resolution: legislature s formal expression of opinion naturalization: procedure by which a citizen of a foreign nation becomes a citizen of the United States. 192 The Constitution Handbook shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. [3.] Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives 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. Section 8 [1.] The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; [2.] To borrow Money on the credit of the United States; [3.] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [4.] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; [5.] To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; [6.] To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; [7.] To establish Post Offices and post Roads; [8.] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; [9.] To constitute Tribunals inferior to the supreme Court; [10.] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; [11.] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; [12.] To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; [13.] To provide and maintain a Navy; [14.] To make Rules for the Government and Regulation of the land and naval Forces; [15.] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; [16.] 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 prescribed by Congress; CRITICAL THINKING ACTIVITY Synthesizing Call on students to list the qualifications for serving in Congress as set forth in the Constitution. Then ask students what other qualifications, if any, they think should be applied to members of Congress. Discuss with students whether they would like to serve in Congress. L1 192

42 [17.] 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 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 be, for the Erection of Forts, Magazines, Arsenals, dock-yards, and other needful Buildings; And [18.] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section 9 [1.] The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. [2.] The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. [3.] No Bill of Attainder or ex post facto Law shall be passed. [4.] No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. [5.] No Tax or Duty shall be laid on Articles exported from any State. [6.] No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. [7.] No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. [8.] No Title of Nobility shall be granted by the United States:And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section 10 [1.] 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.] No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except Section 8. Powers Granted to Congress Elastic Clause The final enumerated power is often called the elastic clause. This clause gives Congress the right to make all laws necessary and proper to carry out the powers expressed in the other clauses of Article I. It is called the elastic clause because it lets Congress stretch its powers to meet situations the Founders could not have anticipated. What does the phrase necessary and proper in the elastic clause mean? It was a subject of dispute from the beginning. The issue was whether a strict or a broad interpretation of the Constitution should be applied. The dispute was first addressed in 1819, in the case of McCulloch v. Maryland, when the Supreme Court ruled in favor of a broad interpretation. The Court stated that the elastic clause allowed Congress to use its powers in any way that was not specifically prohibited by the Constitution. Section 9. Powers Denied to the Federal Government Original Rights A writ of habeas corpus issued by a judge requires a law official to bring a prisoner to court and show cause for holding the prisoner. A bill of attainder is a bill that punishes a person without a jury trial. An ex post facto law is one that makes an act a crime after the act has been committed. What does the Constitution say about bills of attainder? Section 10. Powers Denied to the States Limitations on Powers Section 10 lists limits on the states. These restrictions were designed, in part, to prevent an overlapping in functions and authority with the federal government. The Constitution Handbook 193 Evaluating Issues Article I, Section 9, prohibits the suspension of the writ of habeas corpus. Discuss with students the protection this offers. Ask students if they think this is an outdated principle today or still necessary to the Constitution. (Most students will see this as a major principle of our legal system.) L2 Answer: No bills of attainder shall be passed. Civics On many occasions when the United States has intervened militarily, Congress has not issued a declaration of war. These undeclared wars of the 1900s and 2000s include the conflicts in Korea and Vietnam and the war against terrorism. All three wars were fought on the president s authority to support governments against external aggression. EXTENDING THE CONTENT The Capitol The interior of the Capitol is a combination of new and old. Many of the furnishings and works of art date from the mid-1800s. However, signs of modern technology are everywhere. Roll-call votes are counted electronically. In addition, members of both houses have access to computers and other electronic information services. There are even electric subways connecting many of the office buildings on Capitol Hill. 193

43 FOCUS BELLRINGER Motivational Activity Point out that one of the difficult questions for the Framers of the Constitution concerned the Chief Executive exactly how much power should the president have? Have students discuss why the Framers set up an office of president with limited powers. (Discussion should focus on the Framers fear of a single leader with uncontrolled powers.) One of the most important traditional measures of public opinion of the president s performance is the Gallup presidential approval survey, or poll. Since 1945 the Gallup Organization has polled members of the public monthly and sometimes more often about whether they approve or disapprove of the president s handling of the job. Article II. The Executive Branch Article II creates an executive branch to carry out laws passed by Congress. Article II lists the powers and duties of the president, describes qualifications for office and procedures for electing the president, and provides for a vice president. What Might Have Been Term of Office Alexander Hamilton also provided his own governmental outline at the Constitutional Convention. Some of its most distinctive elements were that both the executive and the members of the Senate were elected to serve during good behaviour, meaning there was no specified limit on their time in office. Section 1. President and Vice President Former Method of Election In the election of 1800, the top two candidates received the same number of electoral votes, making it necessary for the House of Representatives to decide the election. To eliminate this problem, the Twelfth Amendment, added in 1804, changed the method of electing the president stated in Article II, Section 3. The Twelfth Amendment requires that the electors cast separate ballots for president and vice president. what may be absolutely necessary for executing it s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports and Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. [3.] 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 Compact 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 Section 1 [1.] The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice- President, chosen for the same Term, be elected, as follows [2.] Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [3.] The Electors shall meet in their respective States, and vote by Ballot for two Persons, 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 Certificates, 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 chuse 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 chuse the president. But in chusing 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. 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 chuse from them by Ballot the Vice President. 194 The Constitution Handbook EXTENDING THE CONTENT Two-term Limits The Constitution originally did not limit the number of terms the president could serve. George Washington set a precedent by serving only two terms. Until FDR, no president had served more than two terms. Many people opposed Roosevelt s four terms in office. This opposition eventually led to the ratification of the Twenty-second Amendment in 1951, which limited presidents to two terms. 194

44 [4.] The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. [5.] 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. [6.] In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice-President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice- President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. [7.] The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. [8.] Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. Section 2 [1.] The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. [2.] He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Section 1. President and Vice President Qualifications The president must be a citizen of the United States by birth, at least 35 years of age, and a resident of the United States for 14 years. What Might Have Been Qualifications At the Constitutional Convention, the New Jersey Amendments, sponsored by the smaller states, raised the possibility of making the executive a committee of people rather than a single individual. Also, executives were not allowed to run for a second term of office under this plan. Section 1. President and Vice President Vacancies If the president dies, resigns, is removed from office by impeachment, or is unable to carry out the duties of the office, the vice president becomes president. Section 1. President and Vice President Salary Originally, the president s salary was $25,000 per year. The president s current salary is $400,000 plus a $50,000 nontaxable expense account per year. The president also receives living accommodations in two residences the White House and Camp David. Section 2. Powers of the President Cabinet Mention of the principal officer in each of the executive departments is the only suggestion of the president s cabinet to be found in the Constitution. The cabinet is an advisory body, and its power depends on the president. Section 2, Clause 1 also makes the president the head of the armed forces. This established the principle of civilian control of the military. Section 2. Powers of the President Treaties With Foreign Nations The president is responsible for the conduct of relations with foreign countries. What role does the Senate have in approving treaties? The Constitution Handbook 195 TEACH Classifying Information Have students read Article II to find the powers of the president. Suggest that they classify these powers under the headings Executive, Legislative, Diplomatic, Military, and Judicial. L1 Making Judgments Ask students to discuss why the Framers of the Constitution made the president commander in chief of the armed forces and any state militias called to serve the United States. (The Framers wanted to ensure civilian control of the military.) L2 The electors in the Electoral College almost always vote as expected. Exceptions are rare: there have been only a small number of faithless electors among the more than 17,000 electors chosen since For example, in 1988 Democratic nominee Michael Dukakis was denied one of his 112 electoral votes when a West Virginia elector cast her ballot for Dukakis s running mate, Lloyd Bentsen. She gave her vice presidential vote to Dukakis. Answer: Two-thirds of the senators present must concur in order for a treaty to be approved. CRITICAL THINKING ACTIVITY Determining Cause and Effect Discuss examples showing the increase in presidential power during the 1900s and 2000s. For example, increasing globalization has expanded the president s foreign relations responsibilities, such as negotiating international treaties, military policing interventions, and waging undeclared wars. Write the following statement on the board: The increase in presidential power during the 1900s and 2000s was largely related to crises, whether domestic or foreign. Ask: Do you think this is the true cause of the increase in presidential power? Why or why not? If not, what do you think caused the increase? L3 195

45 FOCUS BELLRINGER Motivational Activity Ask students to consider the meaning of the phrase respect for the law. Guide their discussion by asking the following questions: What is the law? How can the law affect individuals and society? Why is respect for the law necessary to good government? In the first election, the American people had no problem selecting a president. George Washington was the unanimous choice, winning all of the 69 electoral votes that were cast in the 1789 election. No other president has matched that feat, although Franklin D. Roosevelt came close in 1936 with 98.5 percent of the electoral vote. Most other presidential elections have been more competitive, sometimes creating issues the Founders did not foresee. Section 3. Duties of the President Executive Orders An important presidential power is the ability to issue executive orders. An executive order is a rule or command the president issues that has the force of law. Only Congress can make laws under the Constitution, but executive orders are considered part of the president s duty to take care that the laws be faithfully executed. This power is often used during emergencies. During the Civil War, for example, President Lincoln issued an order suspending writs of habeas corpus. Over time the scope of executive orders has expanded, increasing the president s power. Decisions by federal agencies and departments are also considered to be executive orders. Section 4. Impeachment Reasons for Removal From Office This section states the reasons for which the president and vice president may be impeached and removed from office. Only Andrew Johnson and Bill Clinton have been impeached by the House. Richard Nixon resigned before the House could vote on possible impeachment. Article III. The Judicial Branch The term judicial refers to courts. The Constitution set up only the Supreme Court but provided for the establishment of other federal courts. The judiciary of the United States has two different systems of courts. One system consists of the federal courts, whose powers derive from the Constitution and federal laws. The other includes the courts of each of the 50 states, whose powers derive from state constitutions and laws. Section 2. Jurisdiction General Jurisdiction Federal courts deal mostly with statute law, or laws passed by Congress, treaties, and cases involving the Constitution itself. Vocabulary original jurisdiction: authority to be the first court to hear a case appellate jurisdiction: authority to hear cases that have been appealed from lower courts Section 2. Jurisdiction The Supreme Court A court with original jurisdiction has the authority to be the first court to hear a case. The Supreme Court generally has appellate jurisdiction in that it mostly hears cases appealed from lower courts. [3.] The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section 3 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section 4 The President, Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article III Section 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section 2 [1.] The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. [2.] In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 196 The Constitution Handbook EXTENDING THE CONTENT Minorities and the Supreme Court The first African American Supreme Court justice, Thurgood Marshall, was named to the Court by President Lyndon Johnson in President Ronald Reagan nominated the first woman justice, Sandra Day O Connor, in

46 [3.] The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3 [1.] Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, 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.] 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 Section 1 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 [1.] The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. [2.] A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. [3.] No Person held to Service of Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section 3 [1.] New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. [2.] The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section 2. Jurisdiction Jury Trial Except in cases of impeachment, anyone accused of a crime has the right to a trial by jury. The trial must be held in the state where the crime was committed. Jury trial guarantees were strengthened in the Sixth, Seventh, Eighth, and Ninth Amendments. Article IV. Relations Among the States Article IV explains the relationship of the states to one another and to the national government. This article requires each state to give citizens of other states the same rights as its own citizens, addresses the admission of new states, and guarantees that the national government will protect the states. Section 1. Official Acts Recognition by States This provision ensures that each state recognizes the laws, court decisions, and records of all other states. For example, a marriage license issued by one state must be accepted by all states. Vocabulary treason: violation of the allegiance owed by a person to his or her own country, for example, by aiding an enemy Section 3. New States and Territories New States Congress has the power to admit new states. It also determines the basic guidelines for applying for statehood. Two states, Maine and West Virginia, were created within the boundaries of another state. In the case of West Virginia, President Lincoln recognized the West Virginia government as the legal government of Virginia during the Civil War. This allowed West Virginia to secede from Virginia without obtaining approval from the Virginia legislature. TEACH Analyzing Ideas Point out that federal judges are appointed for life and can be removed only by their death, resignation, or impeachment. Ask students why they think the Framers of the Constitution made judgeships lifetime appointments. (The Framers believed that judges who felt secure in their positions would be more likely to make correct decisions, uninfluenced by public opinion.) L2 Writing Reports Encourage students to listen to excerpts from May It Please the Court, recordings of the Supreme Court in session. Have them write a brief report on the case or cases they listened to. L2 Civics The judiciary is only briefly described in the Constitution. The federal court system was established by the Judiciary Act of The Constitution Handbook 197 CRITICAL THINKING ACTIVITY Predicting Outcomes Have students discuss the pros and cons of federal judges being elected rather than appointed. Direct them to list the possible outcomes they foresee if the federal judiciary was subject to the electoral process. Encourage students to share and compare their lists. L3 197

47 FOCUS BELLRINGER Motivational Activity Inform students that one political scientist has called the supremacy clause (Article VI, Section 2) the most important single provision of the Constitution. Ask students to think about why this might be so. (This clause made it clear that the national Constitution and laws are supreme over state constitutions.) TEACH Expressing Viewpoints Have students speculate about why the Framers of the Constitution established the amendment process as they did. (The Framers wanted to make the Constitution flexible, but not so easy to amend that it would not be respected.) Ask: Should the amendment process be made easier? Why or why not? Vocabulary amendment: a change to the Constitution ratification: process by which an amendment is approved Article V. The Amendment Process Article V explains how the Constitution can be amended, or changed. All of the 27 amendments were proposed by a two-thirds vote of both houses of Congress. Only the Twenty-first Amendment was ratified by constitutional conventions of the states. All other amendments have been ratified by state legislatures. What is an amendment? Article VI. Constitutional Supremacy Article VI contains the supremacy clause. This clause establishes that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land. The supremacy clause recognizes the Constitution and federal laws as supreme when in conflict with those of the states. Article VII. Ratification Article VII addresses ratification and states that, unlike the Articles of Confederation, which required approval of all thirteen states for adoption, the Constitution would take effect after it was ratified by nine states. Section 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Article V 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 proposed 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. Article VI [1.] 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. [2.] This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [3.] The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names, 198 The Constitution Handbook COOPERATIVE LEARNING ACTIVITY Writing Reports Organize students into four groups and assign to each group one of the four sections of Article I (Sections 2, 3, 4, and 9) that has been modified by amendment. Have each group research how, why, and when the amendment to its assigned section was made. Encourage groups to present their findings to the rest of the class in brief written reports. Use the rubric for a cooperative group management plan on pages in the Performance Assessment Activities and Rubrics. 198

48 Signers George Washington, President and Deputy from Virginia New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut William Samuel Johnson Roger Sherman New York Alexander Hamilton New Jersey William Livingston David Brearley William Paterson Jonathan Dayton Pennsylvania Benjamin Franklin Thomas Mifflin Robert Morris George Clymer Thomas FitzSimons Jared Ingersoll James Wilson Gouverneur Morris Delaware George Read Gunning Bedford, Jr. John Dickinson Richard Bassett Jacob Broom Maryland James McHenry Daniel of St. Thomas Jenifer Daniel Carroll Virginia John Blair James Madison, Jr. North Carolina William Blount Richard Dobbs Spaight Hugh Williamson South Carolina John Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abraham Baldwin Attest: William Jackson, Secretary FOCUS BELLRINGER Motivational Activity Write the word change on the board. Have students discuss why the Framers included a process for changing the Constitution. (They realized that the needs of the people would eventually change.) Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II 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 infringed. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the The Amendments This part of the Constitution consists of changes and additions. The Constitution has been amended 27 times throughout the nation s history. The Bill of Rights The first 10 amendments are known as the Bill of Rights (1791). These amendments limit the powers of the federal government. The First Amendment protects the civil liberties of individuals in the United States. The amendment freedoms are not absolute, however. They are limited by the rights of other individuals. What freedoms does the First Amendment protect? Vocabulary quarter: to provide living accommodations warrant: document that gives police particular rights or powers probable cause: police must have a reasonable basis to believe a person is linked to a crime The Constitution Handbook 199 TEACH Writing Biographical Sketches Ask students to research and write brief biographical sketches of one of the signers of the Constitution. Suggest that students focus on such factors as background, education, or family life, that might reveal the person s motivation in taking part in the Constitutional Convention. Answer: freedom of religion, freedom of speech, freedom of the press, freedom to peaceably assemble, and freedom to petition the government for a redress of grievances The first five states to ratify the Constitution Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut did so quickly and by large majorities. EXTENDING THE CONTENT Signers of the Constitution Of the 55 delegates who attended the Constitutional Convention, only 38 signed the document. A thirty-ninth signature that of John Dickinson was written by George Read at Dickinson s request. Elbridge Gerry of Massachusetts and Edmund Randolph and George Mason of Virginia refused to sign, while 13 other delegates left the Convention early. 199

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