Download Unit 2 The Foundations, Constitution, and Federalism of American

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Unit 2 Packet
The Foundations, Constitution
and Federalism of American
Democracy
Bring this packet with you to class every day. All of the assignments for
this unit are contained within and will be turned in the day of the unit test.
1
QW: Why is it important to study old documents?
Important Historic Documents
Use your textbook to research the different documents and fill out the chart.
Name of
Document
Magna Carta
(page 29)
Year
History of Document
document (Who wrote it and why) and important clauses in Document
was
(Summary)
written
Signed in Runnymede between King John and the barons (wealthy land owners).
Written because John’s taxes were hurting the barons and they wanted protection.
1215
Importance: First time a monarch lost power. Included the right to trial by jury
and due process of law. King can’t randomly take someone’s life, liberty and
property. Part of the colonist’s political heritage. Monarch is NOT an absolute
power?
Divine Right
Theory vs.
John Locke’s
theories
(pages 7-8)
Petition of
Right
(page 30)
English Bill of
Rights
(page 30)
2
Name of
Document
Year
History of Document
document (Who wrote it and why) and important clauses in Document
was
(Summary)
written
Albany Plan
(page 35)
1st and 2nd
Continental
Congress
(page 36-37)
Declaration of
Independence
(page 38-39)
Generalization: Overall, why are these documents important to our political culture?
QW: Describe life in the early American colonies under British rule.
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America declares its Independence
The Beginnings…
Are you breaking
up with me?
The Coming of Independence
 Britain’s Colonial Policies:
– Colonial issues were left to the _______________ discretion
– That means that London (3000 miles away) was dictating how the ______________
should be run
 Colonies did have some power, however…
– The power of the purse! They could persuade their royal-appointed governors by
not _______________ them until they listened.
$$$$$$$$$$$$$$$
Little was expected of the colonies…
 While London decided how things should be run, the Colonies were off of the radar screen:
– They paid few ____________
– They had few ___________________ to follow
– Life was OK
Freedom _______________________…
 When George III came to the throne, life changed:
– High ________________ imposed
– Restrictive trading acts
– Colonists did not like “____________________________________”…they were mad
– Resentment grew- ____________________________
Growing Colonial Unity
 Colonies learned how to work together:
– New England federation (Massachusetts Bay, Plymouth, New Haven, Connecticut banded together)
– ______________________________________: a congress of delegates met to discuss issues…the Crown
did not like this and it was turned down
England continued to anger the colonists…
 Stamp Act-
 Boston Tea Party The Intolerable ActsThe First and Second Continental Congresses:
 A group of brilliant minded people got together to discuss these issues and insisted that England back
off…but things got ____________________
 The Revolutionary war started
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 But we had our first __________________________________!
The Declaration of Independence is born…
 “Resolved, that these United Colonies are, and of right ought to be, free and independent states, that they are
absolved from all allegiance to the British crown, and that all political connection between them and the state
of Great Britain is, and ought to be, totally dissolved.”
–Resolution of June 7th, 1776
In other words:
 We _____________________________________________________!
 And with these words, America was born
Our first government was __________________________________…
 “It was condemned by the British as an unlawful assembly and a den of traitors”…but it was supported by
the _______________________________.
 It lasted for 5 years (July 1776-March 1781)
 Ultimately a _____________________________ was required to _____________________ our government
The Declaration of Independence through the compromises of the Constitution
1. Let’s start out by filling out the timeline below together:
5
2. In general, most of the colonists involved in the Revolution and the writing of the Declaration of
Independence had been educated on political theory. Based on the political documents we have studied so far,
what beliefs do you think these colonists had about government? In your answer, include the words: limited
government, representative government and divine right.
3. Read the first paragraph of the Declaration of Independence. Then summarize it in your own words. (pg. 40)
4. In the second paragraph: why did the colonists think it was their right and duty to
overthrow the British? (pg. 40)
5. All of page 41 (and onto 42) is a list of grievances the colonists have against the King (reasons why they
were mad at him). Pick three and put them in your own words. Then explain whether or not you think they are
legitimate complaints, based on what you know concerning the situation.
a.
b.
c.
6. In the last paragraph: what powers do the colonists want? (pg. 42-43)
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7. (page 44)The Article of Confederation, ratified (made legal) in ___________, created a
_______________________________. States came together for ___________________ and liberty. The
Articles of Confederation created a ______________________ but not a President or Judicial Branch. Each
State had _________ vote, regardless of population. Congress could make war and peace, make treaties, borrow
money, set up a money system, raise an army by asking the states for troops and settle disputes between states.
The ___________ retained all other powers.
I’m too weak
8. Weaknesses of the Articles are (chart page 45):
1.
2.
3.
4.
5.
6.
7.
8.
9. States grew jealous and bitter. They printed their own money. In the year of_____________ (page 48)
Congress was called into session in Philadelphia. This was known as the Constitutional Convention. The
Articles of Confederation were tossed out entirely! The Framers worked in secrecy all summer to create an
awesome Constitution. Why do you think they worked in secrecy?
10. If you were responsible for creating an important document like the
Constitution, what fears or concerns would be on your mind?
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11. There were two plans, the New Jersey Plan and the Virginia Plan. In the chart below, describe how each
plan was different (consider the size of the state, what branches would be like, and how they would operate,
etc.).
New Jersey Plan
Virginia Plan
12. Answer the 2 questions that are located at the bottom of the visual above:
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13. So, the Framers had to compromise.


The Connecticut Compromise or “The Great Compromise” as it is usually called created a Legislative
Branch that is bicameral. What does this mean? ___________________________________. It made a
House of Representatives based off of the population of each state (so bigger states get more
representatives), but it also made a Senate. Each state gets ______ (#) Senators, NO MATTER WHAT!
The Three Fifths (3/5) Compromise made it that 3/5 of “all other persons” besides free persons were
counted in a States’ population. What group of people did this include? _________________________.
This ended with the 13th Amendment that officially abolished slavery.
14. (page 56) After the compromises were done, the Constitution was written. Nine of the _________ states had
to ratify it to make it legal. Two groups emerged from this: the Federalists and the Anti-Federalists.
The Federalists, led by ___________________, favored ____________________ the
Constitution. They argued ________________________________________________
_____________________________________________________________________.
The Anti-Federalists, led by __________________, opposed ____________________
the Constitution. They disliked it for 3 reasons:
________________________________________________________________,
________________________________________________________________, and
________________________________________________________________.
15. Although nine States voted to ratify, the delegates waited for
_______________________ and _________________________, because without them the agreement wouldn’t
matter.
Goodbye weak
Articles, hello to a
bright future!
Hence we have ……….. the Constitution.
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The Constitution
Use the copy of the Constitution starting on page 758 to completely answer the following questions. Use the
purple “commentary” on the sides to explain many of the complicated ideas.
1. Restate the Preamble in your own words. Why do you think there is a preamble to the Constitution?
2. What does Article I deal with?
3. Describe when elections are for members of the House of Representatives and then list the requirements
to be a rep.
4. Does the House have any special powers? Describe them.
5. How often are senators up for election? What are the requirements to be a senator?
6. Does the Senate have any special powers? Describe them.
7. What is in Article 1 section 6 and 7?
8. List the powers specifically given to Congress in section 8. Then explain why you think they were given
these powers.
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9. What powers does the Constitution specifically deny Congress? Why was it important to the framers to
limit the power of the government?
10. What role does the Vice President play in the senate?
11. What is Article II about?
12. What are the President’s powers and duties as explained by the Constitution? Describe how some of
these powers are limited due to checks and balances. Just a note-we will go into these in more detail
later.
13. What is impeachment?
14. What do you think about the length of article I compared with that of II? What do you think that implies,
if anything?
15. What is article III about?
16. What do the federal courts have jurisdiction (power to decide) over?
17. What is article IV about?
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18. Explain what “full faith and credit” means and how you think it is interpreted.
19. What is article V about? VI?
20. When was the Bill of Rights added to the Constitution? Why?
21. Listed below are the 6 principles of the Constitution. Define each one. Give an example of a place in
the Constitution that illustrates each principle. (ch 3 section 1).
Popular Sovereignty:
Limited Government:
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Separation of Powers:
Checks and Balances:
Judicial Review:
13
Federalism:
22. Using the index of your book,
explain how each of the
following court cases impacted
the power of the Constitution.
Marbury v. Madison
Gibbons v. Ogden
McCulloch v. Maryland
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Constitutional Amendments and Timeline
1. What is an amendment? (page 72)
2. Before an amendment can take effect, it must be proposed to the states by a two-thirds vote of both houses of
Congress and ratified by three-fourths of the states. We only have 27 amendments in all these years since
we’ve been a nation. What does this tell us about the process?
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1st
Amendments
Freedom of religion, of speech, of the press, to assemble, and to petition
2nd Enumerates the right to keep and bear arms
No quartering of soldiers in private houses during peacetime.
3rd
In a time of war, Congress can pass a law stating that soldiers should be
quartered.
Proposal
date
Enactment
date
September 25, December 15,
1789
1791
September 25, December 15,
1789
1791
September 25, December 15,
1789
1791
4th
Interdiction of unreasonable Searches and seizures;search warrant is
required to search belongings.
September 25, December 15,
1789
1791
5th
Indictments; Due process; Self-incrimination; Double jeopardy, and rules
for Eminent Domain.
September 25, December 15,
1789
1791
6th
Rights to a fair and speedy public trial, to notice of accusations, to confront September 25, December 15,
1789
1791
one's accuser, to subpoenas, to counsel
7th
Right to trial by jury in civil cases
September 25, December 15,
1789
1791
8th
No excessive bail and fines or cruel & unusual punishment
September 25, December 15,
1789
1791
15
9th
Unenumerated rights
September 25, December 15,
1789
1791
10th
Limits the powers of the Federal Government to only those specifically
granted to it by the constitution. (states’ powers)
September 25, December 15,
1789
1791
Immunity of states from suits from out-of-state citizens and foreigners not
February 7,
March 4, 1794
11th living within the state borders. Lays the foundation for sovereign
1795
immunity.
12th Revises Presidential election procedures (Pres and running mate)
13th
Abolishes slavery and Involuntary servitude, except as punishment for a
crime.
14th Defines Citizenship and deals with post-Civil War issues.
15th
December 9,
1803
June 15, 1804
January 31,
1865
December 6,
1865
June 13, 1866 July 9, 1868
Prohibits the denial of suffrage based on race, color, or previous condition February 26,
1869
of servitude
February 3,
1870
February 3,
1913
16th Allows federal income tax
July 12, 1909
17th Direct election of Senators
May 13, 1912 April 8, 1913
18th Prohibition of Alcohol (Repealed by 21st amendment)
December 18, January 16,
1917
1919
19th Federal recognition of women's suffrage
June 4, 1919
August 18,
1920
March 2, 1932
January 23,
1933
February 20,
1933
December 5,
1933
22nd Limits the president to two terms
March 24,
1947
February 27,
1951
23rd Representation of Washington, D.C. in the Electoral College
June 16, 1960
March 29,
1961
20th
Term Commencement for Congress (January 3) and the President (January
20).
This amendment is also known as the "lame duck amendment".
21st
24th
Repeals the Eighteenth Amendment; state and local prohibition no longer
required by law.
Prohibition of the restriction of voting rights due to the non-payment of
poll taxes
September 14, January 23,
1962
1964
25th Presidential succession-who takes over when the pres dies
July 6, 1965
February 10,
1967
26th Voting age nationally established at age 18
March 23,
1971
July 1, 1971
27th Variance of congressional compensation
September 25,
May 7, 1992
1789
Vocabulary-suffrage=right to vote
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3. What major issues seem to come up again and again in these amendments?
4. Explain the role of the Bill of Rights and each of its amendments in restraining the power of government over
individuals.
QW: How has the Constitution changed over time?
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The Constitution: A living document?
Looking beyond the text a matter for debate
By Ray Cooklis
Enquirer staff writer
America, it is said, has a "living Constitution." In fact, the notion is so ingrained it has become a cliché. Junior high
students lug home civics textbooks with that title.
But what does that mean? Is it true? If so, is that a good thing?
We can agree the U.S. Constitution - along with the Bill of Rights, now considered part of the core document - is "living"
in one sense: It has been around longer than any other such document, and continues to be our civic touchstone - and the
model for emerging democracies worldwide. On Friday, many Americans will celebrate the 217th anniversary of the
Constitution's signing.
But the other sense - as a growing, flexible thing that should adapt to changing times and a changing society - has been the
subject of controversy for more than a century, and still can generate heated arguments. We see the effects of this debate
in everyday life. In our area, those include concealed-carry laws in Ohio and Kentucky, anti-pornography cases and the
Mapplethorpe exhibit trial, the Klan cross and religious displays on Fountain Square, and even gay rights issues related to
Article 12.
Until the 20th century, the "originalist" view of the Constitution held sway. There are several variations on this
philosophy, but it generally meant that judges should interpret the Constitution as its framers intended it and would
themselves interpret it, using the text itself plus other documents of the time, such as the Federalist Papers.
Joseph Story, a prominent 19th century legal scholar, wrote that the Constitution has "a fixed, uniform, permanent
construction. It should be ... not dependent upon the passions or parties of particular times, but the same yesterday, today
and forever." Judges should not stray from the text's literal meaning, and the only proper way to change the text was by
formal amendment - what Alexander Hamilton called "some solemn and authoritative act."
But another view began to emerge in the mid-19th century, inspired by the cutting-edge science of the time - specifically,
Charles Darwin's theory of evolution. Legal thinkers began to draw an analogy to a living organism that changes and
adapts over time. By the start of the 20th century, Progressivists such as Justice Oliver Wendell Holmes (of "falsely
shouting fire in a theater" fame) were arguing that the Constitution "must be considered in the light of our whole
experience and not merely in that of what was said a hundred years ago." Holmes said the law was not a matter of
absolutes but of the "felt necessities of the time," to be justified by how it contributes "toward reaching a social end."
To put it another way: Where the 19th century saw the Constitution as a set of immutable laws like Newtonian physics,
the 20th century viewed it in terms of Einstein's relativity, in which everything depends on where - or when - the observer
is situated.
The catch is that judges were the ones to decide how it was evolving. In the 1930s, Chief Justice Charles Evans Hughes
put it bluntly: "We are under a Constitution, but the Constitution is what the judges say it is." Others argued that courts
have the right to amend it, and that the Supreme Court is a continuing constitutional convention.
But if, as the Declaration of Independence asserts, government "derives its powers from the consent of the governed,"
how can judges who are unelected by the governed decide to increase those powers?
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That's one of the arguments made as part of an originalist revival in recent years. These critics warn that judges who
decide to make a "politically correct" ruling, then find some way to justify it through a creative interpretation of written
precedent, can't keep doing that forever. The Constitution's language, notes Stanford history professor Jack Rakove,
"cannot be infinitely malleable." Stretch the text too far, and it may snap.
Critics also point out that the Constitution hasn't "evolved" consistently, but only in a socially liberal direction: The power
to forbid any "establishment of religion" expands, for example, while the companion guarantee to the "free exercise
thereof" shrinks.
It's not that the framers didn't foresee these changes - or the turmoil that might result.
James Madison and Thomas Jefferson debated the idea that each generation of Americans should write its own
constitution. Jefferson sneered at the "sanctimonious reverence" some would hold for a mere historic document. Madison
fretted that without some reverence for continuity, a nation could not have the "requisite stability."
Perhaps both were right. Perhaps we really have two constitutions - the written one, which provides a rational continuity,
and an unwritten one, which embodies the basic principles behind the document as we now understand them.
Take the "right to privacy." Many Americans assume it is one of our basic rights, but it is not directly addressed in the
Constitution. Instead, it has been created over many decades, using the Fourth Amendment's guarantee against
"unreasonable searches and seizures," and especially the 14th Amendment's principles of due process and equal
protection. Courts have carved out legal zones of privacy around marriage, families and individuals, overturning laws that
required public school attendance, prohibited the use of contraceptives, and more. Last year in Lawrence vs. Texas, a
decision that threw out a Texas sodomy law, the court argued that because of the constitutional right to privacy, the
government cannot impose a moral point of view on Americans.
Sometimes, the written and unwritten versions conflict. Literally, the Constitution was constructed to preserve the 18th
century status quo regarding slavery, but it was soon read to assert the principle that human rights must be expanded and
extended.
But we live with such conflict, and muddle through the uncertainties the Constitution will always present. As Justice
William Brennan wrote, "It is arrogant to pretend that from our vantage we can gauge accurately the intent of the Framers
on the application of principle to specific, contemporary questions."
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'EVOLVING
STANDARDS'
• Freedom of speech/press:
There's evidence these First
Amendment concepts were
intended to prevent prior
restraint, but not punishment
afterward. The controversial
Sedition Act of 1798, which
expired in 1801, was aimed at
those who would "write, print,
utter or publish ... any false,
scandalous and malicious writing
or writings against the
government ..." Over the years,
consensus grew that a wide
range of expression could not be
punished. In 1964 the Supreme
Court declared "that debate on
public issues should be
uninhibited, robust and wideopen, and that it may well
include vehement, caustic and
sometimes unpleasantly sharp
attacks on government and
public officials.''
• Establishment of religion:
Many scholars believe this clause
in the First Amendment was
intended to keep the federal
government from establishing or
sponsoring an official national
church because this might cause
friction among the states, each
of which was dominated by one
sect or another. The intent was
not a "separation of church and
state," a notion that is not even
in the Constitution, but in a
letter Thomas Jefferson wrote 15
years later. But as the nation
became more diverse, that view
changed. In 1947, the Supreme
Court ruled that the
Establishment Clause forbids
practices that "aid all religions,"
not just those that prefer one
over the other. That has led to
rulings against school prayer and
public displays such as the Ten
Commandments tablets in
Adams County schools.
• Cruel and unusual
punishments: This Eighth
Amendment phrase was
criticized as too vague when
proposed, but was deemed
necessary to halt practices such
as cutting off ears, burning alive
and disembowelment. "Cruel"
and "unusual" are terms whose
meanings have changed with
American society. As Chief
Justice Earl Warren wrote in
1958, "The (8th) Amendment
must draw its meaning from the
evolving standards of decency
that mark the progress of a
maturing society." That has
motivated states to abandon the
gas chamber, then the electric
chair (including Ohio's "Old
Sparky," by order of Reginald
Wilkinson, state director of
corrections), and increasingly is
invoked as an argument against
capital punishment itself.
The fourth amendment reads:
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.
1. What does it mean to say the Constitution is “living”? Give examples.
2. Do you think the Constitution should change in interpretation over time?
Why/why not?
3. Describe what an “originalist” (or strict constructionist) might believe
about the Constitution. Contrast this with what a “liberalist” (or loose
constructionist) might say.
Originalist
Liberalist
4. Give an originalist/strict interpretation and a liberal/loose interpretation
of the fourth amendment (above).
5. Read the “evolving standards” column (to the left). In general, what
happens to laws over time? Why?
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Federalism
Nature of Federalism
 Our Constitution does not give us a clear definition of the relationship between the
National government and states.
 Federalism:__________________________________________________________
__________________________________________________________________
___
Because of federalism the US’ national govt. must act with due regard for the _________
The states are protected __________________ from being abolished and from
unwarranted interference in their policies
Federalism in Historical Perspective
Federalism provokes controversy by:
Establishing _______ levels of authority creates competing centers of power and
ambition
Conflict between national and state authority is also brought on by the conciseness of the
Constitution
Conciseness of the Constitution
The Framers ______________ avoided detailed provisions. Brief phrases gave
flexibility to the government they were creating
(For example: The Constitution does not define what is meant by “The Necessary and Proper
Clause” (page 56) nor does it list any of the states’ “Reserved Powers” (see the ______
Amendment))
“The basic political fact of federalism”
David B. Truman, “is that it creates separate, self-sustaining centers of power, prestige, and
profit
 Even though the national govt. has vast powers, it exercises many of its powers
through ___________________________
 Welfare/Interstate highways/unemployment issues/H20 cleanup/military power
are all much handled by states! They have to meet national guidelines, but still
have a lot of wiggle room.
Constitutional Powers
Enumerated= The Constitution clearly ____________________ its wishes (we call these
expressed powers)…Specifically found in the Constitution, through a number system
Powers given to the national government alone (For Example:
____________________________________)
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Powers of Congress continued…
Implied= By reasonable deduction from expressed powers.
_______________________. Also called the elastic clause because it has covered so
many situations.
(For example: Congress has provided for the building of highway systems (implied power),
based upon the expressed power “to regulate interstate commerce”.)
Inherent= These belong to the National Government because it is the government of a
sovereign state within the world community. (For example: Congress has the power to regulate
immigration because the US is an independent country)
Reserved and Concurrent Powers
Reserved Powers: Powers given to the state government alone (______________ amendment)
Concurrent Powers: Powers __________________ by the national and state governments
Enumerated (Expressed) Powers of the National Government
 Power to
 Establish naturalization rules
 Tax
 Establish post offices
 Borrow money (bling)
 Copyrights and Patents
 Regulate interstate and foreign trade
 Standardize weights and measures
 Coin and regulate currency
 Regulate territories and federal
 Create bankruptcy laws
areas (DC, Guam)
 Foreign Relations
 Create Federal Courts below Sup. Ct.
 War/national defense
Implied Powers
Remember, “Necessary and Proper”…based on expressed??? We continue to battle over implied
powers today!! What do they really mean?
Power “to lay and collect taxes”= Power to “punish tax evaders, regulate (license) the sale of
some commodities such as alcohol and outlaw the use of others like narcotics”
Enumerated (Expressed) Powers of the States
Reserved Powers, Found in the _____________ amendment
The Powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people
 ________________________________ shall be given by each State to the
laws, records, and court decisions of other states.
 The citizens of each state shall have the privileges and immunities of the citizens
of every other state…many questions on this one!!
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
If a person charged with a crime by one state flees to another, he/she is
subjected to extradition-that is, the governor of the state that finds the fugitive
is supposed to return the person to the governor of the state that wants him/her.
Use your book (pg 93) to complete the following Venn diagram of powers.
National government powers
State government powers
Concurrent
powers
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Federalism: The Division of Power
Read pages 88-95 then answer the following:
Define the following terms
1. Delegated Powers
2. Expressed Powers
3. Implied Powers
4. Inherent Powers
5. Concurrent Powers
Answer the following questions
6. Why does the United States have a federal system of government?
7. Give an example of an expressed power.
8. Why is the Necessary and Proper Clause called the Elastic Clause?
9. According to the Supremacy Clause, what is the correct order of the “ladder of laws” in the United States?
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As you read pages 88-95, write N in the first box if the power given belongs ONLY to the National Government, S
if it belongs ONLY to the States, or B if it belongs to both. In the second box, write whether any power belonging to
the National Government is an example of an expressed, implied, or inherent power.
National,
State, or Both
Power Belonging to National Government is
expressed, implied, or inherent
Collect taxes
Build an interstate highway
system
Regulate immigration
License Doctors
Make treaties
Maintain armed forces
Declare war
Deport aliens
Prohibit racial discrimination
in access to restaurants
Set up public school system
Punish crimes
Coin money
Regulate the sale of liquor
Regulate interstate
commerce
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Next to each image, make a statement about how it connects to federalism.
26
Your “Ridiculously Short Guide” to State and
Local Government
1. (Use pages 694-696) From Colonial Governorships came our
modern title, “Governor”. Ours is Rick ________________. There
have only been 23 of these to date!
2. The governor is chosen by ____________________, and most serve
for __________ years once elected. Governors die just like the rest of
us, so when this happens, it “sets off a game of political musical chairs in the State. When this happens, usually the
______________________ is the first in line to take over. Michigan’s is Brian Calley, and he is the second
youngest in Michigan’s history. Rick Snyder will be up for reelection in the fall of 2014.
3. (Use page 684). We have 50 states, and each state has its own Constitution. Each state’s constitution, however,
is __________________ to the Constitution of the US. No provision of any State’s constitution
____________________________________________________________________. (According to the Supremacy
Clause).
4. (Use page 689). Every state also has its own legislature as well. After reading this page, why do you think that
we have a national legislature (Congress) and state legislative bodies as well?
5. (Use page 740-741) The state gets its revenue ($ to then spend on projects around the state) from different
types of taxes. The __________________________ is the MOST PRODUCTIVE source of State income
today. It accounts for _________ of all tax monies the States collect each year. What is a sales tax? Explain
below.
6. The sales tax is a REGRESSIVE tax. What does this mean?
7. Do you believe that sales taxes are fair, or should they be based on a person’s ability to pay?
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8. Based on the chart to the
left, what is Michigan’s
sales tax rate compared to
other states around the
country?
9.Would it be better to have
a consistent tax rate
throughout the nation?
Explain.
10.Why do different states
have different sales tax
rates?
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The Foundations, Constitution and Federalism of American Democracy
Review Sheet
This should be completed for your test. Write your answers here or if you need more space on a separate sheet
of paper. Your test will have multiple choice questions, matching and short reading passages with multiple
choice questions. You will be successful on this test if you can explain each of these terms and concepts.

Chapter 2 Topics
o
Early colonies: how did they interact with each other? With Britain?
o
What did the colonists’ slogan, “No taxation without representation” mean?
o
Colonists were angry with Britain because they were being ________________ without
having any __________________________ in the British Parliament. It violated their belief
that government receives their power from the “consent of the_____________________.”
o
According to the Declaration of Independence, why do governments exist?
o
o
Governments exist to protect the __________________ rights of citizens.
What are the major weaknesses of the Articles of Confederation?
o
Each state receives _________ vote regardless of population.
o
Congress could not collect ________________.
o
Congress could not regulate foreign or ____________________________ commerce.
o
No ___________________________ to enforce acts of Congress.
o
No national ___________________________ system.
o
Amendments required a ____________________________ vote to pass.
o
A _____/13 majority was required to pass laws.
o
Provided only a “______________ league of ____________________________” between the
states.
o
Shay’s Rebellion is an important event in our country’s history because it exposed major
___________________________ of the Articles of Confederation and began a push for a new
constitution.
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
Constitutional Convention of 1787, major debates and compromises (Great Compromise, 3/5
Compromise) met:
o
Great Compromise:
o Also sometimes referred to as the ______________________ compromise. Was a deal that
combined parts of the __________________________ plan which favored large states, and
parts of the _______________________________ plan which favored _____________ states.
The Virginia Plan suggested a _________________________ legislature with representation
in both houses based on state population. The New Jersey Plan suggested a
_____________________ legislature where each state would only receive __________ vote,
similar to the Articles of Confederation.
o
3/5th Compromise:
o
Addressed the issue of how to count _________________ towards a state’s population for
congressional representation. This was a debate between ______________________ and
______________________ states. The compromise made slaves equal ___________________ of
a person for representation.
o
Federalists and Anti-Federalists (what they wanted, what they got)
o
The Federalists were _____________________ of ratification of the Constitution. Led by
James Madison they believed that only _____________________________________
_________________________________________________ could hold the country together.
o
The Anti-Federalists led by Thomas Jefferson, ______________________________ ratification
of the Constitution for 3 reasons. Those reasons are:

____________________________________________________________________.

____________________________________________________________________.

____________________________________________________________________.

The Anti-Federalists desired a Bill of Rights in order to protect citizens from abuses
of _____________________ from the __________________ government.
o
Eventually the Federalists and Anti-Federalists reached an agreement in order to ratify the
Constitution. What was the agreement? ______________________________
_________________________________________________________________________________
____________________________________________________________________.
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o
Which two States were important enough for the success of the Constitution that the government
waited for their approval, even after 9 States had ratified the Constitution?
o
The two states that the government waited for to ratify the Constitution are
_________________________ and __________________________. They did this because those
states had such a large ___________________________. The ratification of the Constitution by
those states increased the legitimacy of the newly formed government.

Constitution and Chapter 3 Topics
o
Ways the Constitution addressed the problems of the Articles of Confederation:
o
Give 3 examples: Think about strength of national government, interstate commerce, and
federalism.
o
o
o
o
o
Structure/outline of the Constitution, what was the purpose of each section:
o Preamble:
o
Article I:
o
Article II:
o
Article III:
o
Article IV:
o
Article V:
o
Article VI:
o
Article VII:
What are the 6 purposes of government detailed in the Preamble?
o
We the People of the United States, in Order to ________________________________,
establish ______________, insure ________________________________, provide for the
common _____________________, promote the general _____________________, and secure
the ___________________________________________ to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of America.
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o
Six principles of the Constitution:
o
Popular Sovereignty: The idea that people run the government and they do this through
their vote.
o
Limited Government: The principle that each individual has rights the government cannot
take away. Also that the government must follow its own laws.
o
Separation of Powers: The principle that power is divided between distinct and
independent branches of government.
o
Checks and Balances: Principle that each branch is subject to getting restrained by the other
branches.
o
Judicial Review: Is the power of federal courts to decide on the constitutionality of actions of
the other branches.
o
Federalism: Principle that power is shared between a national government and regional
(state) governments.
o
Originalist vs. liberalist judges (arguments):
o Originalist Judges such as Justice Scalia believe that the constitution should be interpreted
as the ________________ of the constitution intended. That the principles in the Constitution
are the same _______________, today, and forever.
o
Liberalist Judges such as Justice Ginsburg, believe the Constitution is a _________________
document that should ________________ with society to deal with contemporary issues.
o
Study the amendments we reviewed (the history of each and how the amendment addressed the
issue)
o Specifically Study Amendments: 1-10(Bill of Rights), 13, 14, 15, 19, 22, 24, 26)
**Instead of writing something here, just study the worksheet we did in class
o
The Anti-Federalists insisted on the Bill of rights in order to _______________ governmental
power.
o
The Necessary and Proper clause, also known as the ________________ clause, found in Article ____
of the Constitution allows Congress to meet the needs of a changing society. This clause which
expanded Congressional power was affirmed in the Supreme Court case _______________________
v. ______________________________.
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o
Full faith and credit clause found in Article _____ of the Constitution requires _____________ to
____________________ and respect the laws of other states.
o
Marbury v. Madison is a court case establishing _____________________________________________.
o
McCulloch v. Maryland is a court case that affirmed Congress has _____________________ powers
due to the ________________________________________________ clause. This case also affirmed the
______________________ of national government over state governments.

Chapter 4 Topics
o Federalism is a system in which sovereignty or ultimate governing authority, is __________
between a ______________________ government and __________________ governments.
Power is _____________.
o
Why is Federalism a constant issue for the US government?
o
Implied powers are powers that __________________ expressly stated in the Constitution but are
reasonably suggested (implied) by the _________________ powers. These powers are provided for
by the __________________________________________________ clause.
o
o
Ex.
Concurrent powers are powers that are _________________ by the ________________________ and
______________________________ government.
o
o
Ex.
Reserved powers are powers that are not specifically granted to the ___________________
government or specifically denied to the __________________, that are reserved for the states in the
____________ Amendment.
o
Ex.
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o
Enumerated/Expressed powers are powers that are specifically ___________________ in the
Constitution and granted to the _____________________________ government alone.
o
o
Ex.
Explain how the Constitution exhibits the concept of checks and balances.
o
The Legislative branch can “check” the other branches by:
o
The Executive branch can “check” the other branches by:
o
The Judicial branch can “check” the other branches by:
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