Download Chapter 2 - Forming a New Nation

California Standards
History-Social Sciences
11.1 Students analyze the significant events in the founding of
the nation and its attempts to realize the philosophy of government
described in the Declaration of Independence.
In the painting at right, George Washington
holds his hat over his heart as two of his officers
raise the American flag . Washington, who was
commander ofthe Continental Army during the
Revolutionary War, became the first president
of the United States after the war ended.
Interpreting Visuals How does this painting
depict Washington as a leader?
See Skills Handbook, p. H30
Stamp Act taxes
Americans by
requiring a stamp
on certain printed
materials.
1768
World
The Ottoman
Empire declares
war on Russia.
History's Impact video program
Watch the videos to learn more about American
history from 1763 to 1815.
1775
1787
Revolutionary War
begins with battles of
Lexington and Concord.
Constitutional Convention
begins in Philadelphia.
1789
1803
1781
George Washington
is inaugurated as the
first president of the
United States.
France sells
the territory of
Louisiana to the
United States.
British surrender
at Yorktown,
ending the war.
1778
Fr~nce
formally
recognizes the United
States of America and
promises military help.
1812
United States
declares war on
Great Britain.
1789
French Revolution begins with
the capture of
Bastille prison.
French emperor
Napoleon is
defeated at the
battle of Waterloo.
29
BEFORE
You
READ
MAIN IDEA
READING FOCUS
KEY TERMS AND PEOPLE
America declared
independence from
Great Britain in
1776 and won the
Revolutionary War
in 1783.
1. What events led to the American
Revolution?
Stamp Act
Boston Massacre
Battle of Lexington
Thomas Jefferson
George Washington
2. Why did the colonists declare
independence?
3. What key events took place as the
Revolution continued?
Common Sense
4. How did Americans achieve victory?
Declaration of Independence
Battle of Saratoga
Battle of Yorktown
Treaty of Paris
~
t::I§£3 11.1.1 Describe the
Enlightenment and the rise
of democratic ideas as the
context in which the nation
was founded.
t::I§£3 11.1.2 Analyze the
ideological origins of the
American Revolution, the
Founding Fathers' philosophy of divinely bestowed
unalienable natural rights.
disguised as Indians. Protected by the crowd, they boarded
the ships and dropped the tea chests into the harbor. Hundreds of Bostonians watched the "Boston Tea Party." The
loss of the tea infuriated British officials and brought more
repressive laws.
The Road to Revolution
By the mid-1700s tensions had been rising between
Britain and its colonies for some time. These tensions
would intensify over the next decade and, eventually,
lead the American colonies to revolution.
British laws anger the colonists The French and
.A. Colonists in crude disguises destroy
tea at Boston Harbor.
How did tea start a rebellion in
Boston? In 1773 the British Parliament passed the Tea Act, which was
designed to help a struggling British company and reduce
smuggling. Because of colonial boycotts, the British East
India Company had millions of pounds of unsold tea. Colonists instead were drinking smuggled Dutch tea. Under the
new law, the East India Company was allowed to sell tea
directly to the colonists. This meant its tea was actually
cheaper than smuggled tea. Still, the colonists resisted.
In November 1773 three ships arrived in Boston Harbor. Bostonians allowed the ships to dock but not unload.
On the night of December 16, 1773, a large and angry
crowd gathered demanding that the ships be sent back to
London. Then Samuel Adams and about 70 others arrived,
30 CHAPTER2
Indian War left the British with a huge debt. Britain
decided the colonists should pay the costs of maintaining its North American empire. Over the next few years,
Parliament passed several laws to raise money.
The Sugar Act (1764) was the first such law. It taxed
sugar from the French and Spanish West Indies. This
meant colonists would have to buy sugar from the British West Indies. Colonial leader Samuel Adams called
the act "taxation without representation" because the
colonies had no representative in Parliament.
The Stamp Act (1765) was more repressive. It
required colonists to pay for an official government
stamp on certain paper items. This was the first time
Parliament had taxed the colonists directly, and Americans openly protested the stamp tax. Parliament eventually repealed the Stamp Act.
The Quartering Act was also enacted in 1765. This
said that colonists must provide food, drink, fuel, living
space, and transportation for British soldiers stationed
in America. This was also the policy in Britain,
but the colonists saw it as another attack on
their rights.
The Stamp Act repeal left Britain with the
need to raise money. The Townshend Acts were
enacted in 1767. They taxed certain goods that
were imported from England. The Townshend
Acts also gave customs officers the right to
search anyone's house for smuggled goodswithout a search warrant. These laws aroused
powerful opposition, and British troops were
sent to the colonies to enforce the acts.
The First Continental Congress In September 1774 delegates from 12 colonies met
in Philadelphia at the First Continental Congress. The delegates agreed to issue a Declaration of Rights, protesting Britain's actions. The
Congress also agreed to boycott certain goods
and formed a force of minutemen, colonial soldiers who would be ready to resist a British
attack at short notice. The Congress agreed to
meet again in the spring.
ACADEMIC
VOCABULARY
imported brought
in from another
country
Battles of Lexington and Concord
Before the Continental Congress could meet
Continued unrest Parliament partially
again, however, war broke out. British genrepealed the Townshend Acts. But in 1773 it
eral Thomas Gage was ordered to arrest local
passed the Tea Act, giving the British East
Patriot leaders, especially Samuel Adams and
India Company nearly complete control over
John Hancock, and capture gunpowder and
the tea market. As you read earlier, this led
weapons that Patriots had stored in Concord,
to the Boston Tea Party. British officials were
near Boston. On the night of April 18, 1775,
furious over the incident. They enacted four
about 700 British troops set out for Concord.
laws to punish Massachusetts and to set an
Colonial alarm riders, including Paul
example for other colonies. The laws were so
Revere, rode to warn Adams, Hancock, and the
harsh they were called the Intolerable Acts. [ minutemen. By the time the British reached
In response, a meeting of all the colonies was
Lexington, near Concord, about 70 minutemen
arranged to discuss what could be done.
were waiting for them. A shot rang out, and
fighting began. Eight colonists were killed at
The Boston Massacre Boston was a centhe Battle of Lexington .
ter of protest. On March 5, 1770, five colonists
The British marched to Concord, where
died there when British soldiers fired into an
they were met by a stronger force of minuteangry crowd that had gathered outside a cusmen. On their retreat to Boston, many British
toms house. The best-remembered victim was
soldiers were killed. The Revolutionary War
Crispus Attucks, a sailor of African and Native
had begun.
American descent. Colonial leaders called the
attack the Boston Massacre. They said it was a
Identifying Cause and
Effect Why did the new tax laws and other events
deliberate British attack on innocent civilians.
lead to war?
This raised anger among many colonists.
Daily Life
Each year, the
Boston marathon
takes place on
Patriot's Day, a day
in April that commemorates the
battles of Lexington and Concord.
STAMP ACT 1765
British Action Britain passed a law
requiring colonists to pay tax-in the
form of stamps-on certain commercial items.
British Action Britain passed a series
of four laws declaring its authority
over the colonies. The Townshend Acts
suspended one colonial representative
assembly and also set up strict measures for collecting taxes in the colonies.
British Action British troops quartered in Boston opened fire after
being harassed by an angry mob of
colonists. Five colonists died.
Colonists' Reaction Refusing to use
the stamps, colorrists burned them
and started riots. In 1765 the colonists
formed a Stamp Act Congress asking
Parliament to repeal the law.
Colonists' Reaction The colonists
resented the threat to self-government
and protested what they saw as "taxation without representation."
Colonists' Reaction Boston
colonists, including Samuel Adams,
demanded the removal of British
troops from Boston.
Declaring Independence
In May 1775, a few weeks after the battles at
Lexington and Concord, the Second Continental Congress met as planned. During the next
few months it made many crucial decisions.
New members included Benjamin Franklin,
John Hancock, and Thomas Jefferson.
Still, delegates' attitudes toward Britain
were mixed. Many felt loyalty toward King
George III. All delegates rejected Parliament's
authority to tax the colonies, but only a few
actually wanted full independence.
The Congress took several steps that
reflected its divided nature. It created a Continental Army, with George Washington as
leader. Meanwhile, other delegates sent the
Olive Branch Petition to King George III, which
asked for a ''happy and permanent reconciliation" with Britain. The king refused to read it.
The battle for Boston Even as the
ACADEMIC
VOCABULARY
philosophy
set of ideas
Congress was meeting, the fighting continued.
The British at first treated these encounters as
local rebellions. Then colonial forces expanded
the war. Key battles included:
• Battle of Bunker Hill After the battles
at Lexington and Concord, British troops
withdrew to Boston, where they were met by
10,000 militia. Although the British won the
first battle of the war on June 17, 1775, the
colonists' brave defense encouraged resistance. It gave the colonists confidence in
their ability to fight the better-trained and
better-equipped British army.
• Battle of Dorchester Heights Two weeks
after Bunker Hill, Washington took command of the Continental Army in Boston.
The army was seriously short of artillery and
gunpowder, so Washington sent Henry Knox
to Fort Ticonderoga to bring back captured
British weapons. As a result, Washington
was able to retake Boston in March 1776.
His troops captured and fortified Dorchester
Heights, south of Boston. From there Washington forced the British troops to evacuate
the city. This first test proved Washington's
ability as a general.
The Declaration of Independence The
events of 1775 pushed more colonists toward
support of independence. They were angry at
the king's reaction to the Olive Branch Petition. Battles between the Americans and the
British were intensifying. Then Thomas Paine
issued an extremely influential pamphlet
called Common Sense. (See excerpt on the next
page.) In his pamphlet, Paine condemned the
whole system of the monarchy and the rule of
George III. He called not for protest but for a
declaration of independence.
Paine's argument was based on Enlightenment thinking. Many American leaders had
read the philosophy of Enlightenment writers
such as John Locke. The idea of natural rights
became part of their revolutionary ideology.
British Action Britain restructured
the tax on tea to give a special advantage to the British East India Company. Under the Tea Act, colonial tea
merchants would lose business.
British Action In response to colonial protests, Britain passed a series of
laws designed to punish the colonies,
especially Massachusetts. The laws
essentially took away Massachusetts'
power of self-government.
Colonists' Reaction In what
became known as the Boston Tea
Party, colonists dumped shiploads of
British tea into Boston Harbor.
Colonists' Reaction The First
Continental Congress convened in
Philadelphia and sent a list of grievances to Great Britain.
BATTLES OF LEXINGTON
AND CONCORD 1775
British Action 700 British troops
advance toward Concord to seize the
colonists' military supplies.
Colonists' Reaction In Lexington,
about 70 minutemen fight the British,
and in Concord hundreds of colonists
force the British troops to withdraw. It
is the beginning of the Revolutionary
War.
I
I
Common Sense
In January 1776 many colonists were
divided about their future relationship with Great Britain. Then colonist
Thomas Paine published Common
Sense, a pamphlet that stated in
clear, easy-to-understand terms why
the colonies should break free from
British rule. This widely read document strengthened support for the
American Revolution.
"[A]ny submission to, or dependence on, Great
Britain, tends directly to involve this continent in
European wars and quarrels, and set us at variance /
[odds] with nations who would otherwise seek our
friendship, and against whom we have neither anger
nor complaint. As Europe is our market for trade, we
ought to form no partial connection with any part
of it. 'Tis the true interest of America to steer clear
of European contentions, which she can never do
while by her dependence on Britain she is made the
weight in the scale of British politics."
Paine used direct
language to make
his arguments for
independence from
Great Britain.
Paine helped change
the way many colonists viewed Great
Britain, inspiring
them to support
independence.
1. Analyzing Primary Sources According to Paine,
what is a major problem with remaining under British
rule?
2. Drawing Conclusions Why do you think Paine
named his pamphlet Common Sense?
See Skills Handbook, p. Hl2, H28-29
Under Locke's theory of the social contract,
the present British government was failing to
protect the rights and liberties of its citizens
in North America. According to Locke, that
justified a rebellion.
Then in June 1776 Virginia issued a declaration of citizens' rights. This was the first official call for American independence. Congress
discussed the Virginia Declaration of Rights,
and no one seriously objected.
Finally, a committee began to draft the
Declaration of Independence. (The full text of
the Declaration of Independence appears at
the end of this section.) The Declaration formally announced the colonies' break with
Great Britain. It expressed three main ideas.
First, it stated that men possessed certain
"inalienable rights" including "life, liberty, and
the pursuit of happiness." Next, the Declaration explained that King George had passed
unfair laws and taxed the colonies unfairly.
Finally, it declared that the colonies had the
right to break away from Great Britain because
in passing these unfair laws, King George had
violated the conditions of the social contract.
Jefferson wrote the first draft of the Declaration of Independence, but the Congress
later made some changes. The members toned
down some of what he wrote about the king.
Also, because of pressure from some southern
colonies, they cut out an entire section attacking the slave trade. Although the Declaration
was a document about personal freedom, the
colonial economy still depended upon the labor
of enslaved Africans.
The final document was presented to
the Congress on July 2, 1776, and it voted to
declare independence. Two days later, on July
4, the members approved the entire document.
Now, in the eyes of Britain, the colonists were
all rebels and traitors.
Not all colonists were convinced of the need
for independence and about a quarter of them
remained loyal to Great Britain. These people
were called Loyalists, or Tories. Those who supported independence were called Patriots.
Identifying Cause and
Effect How did Enlightenment thinking influence the
Declaration of Independence?
FORMING A NEW NATION
33
The Revolution Continues
After Washington's victory in Boston in March
1776, Revolutionary battles were centered in
three of the colonies-New York, New Jersey,
and Pennsylvania.
Defeats and victories Washington had
moved his Continental Army to New York City,
believing the British would attack there next.
As expected, General Howe sailed into New
York Harbor in August 1776 with more than
300 ships and 30,000 soldiers. With these reinforcements, Howe was able to defeat the colonists in several battles. The British managed
to take control of New York City. They also
forced Washington's troops to cross the Delaware River into Pennsylvania.
In traditional European warfare, it was
customary not to fight in winter. As a result,
Howe's men settled down in towns in New
Jersey, including Trenton and Princeton. Hessians, German mercenary soldiers fighting for
the British for pay, guarded Trenton, on the
Delaware River.
Washington, however, did not follow European fighting methods. Instead, on Christmas
night of 1776, he and his men crossed the icy
Delaware River to reach Trenton. Mter spending the day celebrating, the Hessians were
asleep. The colonists took them by surprise and
captured British weapons and ammunitions.
Moving on, Washington then drove the British
out of Princeton. The surprise attack had been
a success and ended British hopes to conclude
the war quickly.
British setback at Saratoga By mid1777, the British were waging a campaign in
upstate New York. General John Burgoyne
and his troops were to invade from Canada
and move south, while General Howe's forces
would sail up the Hudson to meet them. This,
the British hoped, would cut off New England
from the rest of the colonies.
In the beginning, the British plan worked
well. General Burgoyne recaptured Fort Ticonderoga in New York in July 1777. He then
headed toward Albany, not knowing that General Howe had changed his plans and moved to
Philadelphia instead.
Because Howe did not arrive in Albany
as planned, the colonists were able to attack
Burgoyne's army there. In early October, with
fewer than 6,000 men left, Burgoyne found
himself in Saratoga, New York, surrounded
by a Continental force of about 17,000 troops.
Burgoyne twice tried to break through the
Continental lines, but failed. On October 17,
1777, he surrendered.
The Battle of Saratoga in New York is considered the turning point of the Revolutionary
War. The colonists' victory encouraged them.
General Howe later resigned, in part because
of his role in the British defeat.
Winter at Valley Forge In the winter of
FACES OF HISTORY
~ 1\ ~
Many years before
he became the
first president of
the United States,
1732-1799
~·· ~/ George Washington
earned a reputation as an exceptional military leader. In 1752 he joined the Virginia
militia and led troops in the French and Indian War. Years later, as an
early supporter of American independence, Washington began to
recruit and train a militia when tensions rose with the British.
Leading the Continental Army, Washington made some early
tactical mistakes, such as allowing the British to occupy New York City.
Nevertheless, his ability to inspire and manage his army helped the
Americans achieve victory in the end.
George
,.;.
WASHINGTON ¥~,
Predict How do you think Washington's military experience
prepared him for the presidency?
34
CHAPTER2
1777-1778, Washington and his exhausted
troops settled into winter quarters at Valley
Forge, about 20 miles north of Philadelphia,
Pennsylvania. That winter was a low point for
the Americans. The weather was bitterly cold,
and some 12,000 men were housed in makeshift huts and tents. Food was scarce and soldiers had only worn, ragged uniforms. Many
had no shoes. Thousands became ill, and more
than 2,500 died of the cold, of diseases such as
smallpox, and of malnutrition.
Valley Forge was a tough test of Washington's leadership, but he met the challenge. His
firm character and common sense helped hold
his troops together. Washington enforced discipline strictly. At the same time, he was always
insisting that the Continental Congress treat
the army better.
British Army
Strengths
• Strong military leadership
• Soldiers fighting for a cause
they believed in
• Fighting on home territory
Strengths
• Well-trained military
• Ample resources
• Alliances with Native Americans, colonial Loyalists, and
some American slaves
Weaknesses
• Small, untrained military
• Shortages of resources
• Weak central government
Weaknesses
• Fighting in unfamiliar territory
• Fighting far from home
• Soldiers fighting for a cause
they didn't necessarily believe in
People in the Revolution British soldiers
during the Revolutionary War were known as
Redcoats because of their red uniforms. The
British Redcoats were a well-trained, wellequipped fighting force. They were assisted by
paid, foreign troops, and they formed alliances
with some American Loyalists.
In contrast, finding and paying for supplies
and military equipment for the Continental
Army was hard. Congress was always short of
money, so the army depended heavily on captured British guns and ammunition. Soldiers
and their commanders complained about the
shortages of food, clothes, and gunpowder.
Still, the Continental soldiers had some
advantages of their own. Although often poorly
equipped, they were fighting for a cause in
which they believed. They were also fighting
on familiar territory.
Mrican Americans had fought at Lexington, Concord, and Bunker Hill. Despite this,
Washington barred the enlistment of black
soldiers when he assumed command of the
Continental Army in 1775. After Valley Forge,
however, the need for manpower was too great,
and Washington approved the recruitment of
African Americans. About 5,000 fought on the
Patriot side.
While men were fighting on the battlefields, women played important roles at home.
Some ran farms and businesses, and others
made clothing for the troops. A number served
as couriers, scouts and spies. A few, such as
Deborah Sampson, even disguised themselves
as men to fight as soldiers in the Continental
Army.
Summarizing What advantages and disadvantages did the colonial army have?
An American Victory
After Saratoga, the Revolutionary War changed
in several ways. Action shifted to the South
and the western frontier. More importantly,
the Americans' victories gained them the support of several European nations. These allies
would eventually help the colonists win the
war. Bernardo de Galvez, governor of Spanish Louisiana, was one key ally. From France,
Washington acquired an invaluable aide, the
20-year-old Marquis de Lafayette.
FORMING A NEW NATION
35
~
G
fl
Colonial victory
British troop
movement
British victory
~
0
50
~
0
50
~*~
100 Miles
·
100 Kilometers
s
1. Human-Environment Interaction How did Clark, a
frontiersman , move his troops west?
ATLANTIC
OCEAN
2. Place Which battles did the colonists win in the West?
3. Region Where did the British concentrate their attacks?
See Skills Handbook, p. H19
War in the West and South Americans
won some important victories in the region
north and west of the Ohio River. This included
the present-day states of Ohio, Indiana, Illinois,
Michigan, Wisconsin, and part of Minnesota.
Then in 1778, the British shifted their
strategy. Instead of sending more troops and
supplies, British officials hoped that the many
Loyalists in America would rise up to support
them. Loyalist sympathies were stronger in
the South, so they planned to campaign there.
Although the British did have some success in the South, they were hindered by
frequent surprise raids by small groups of
Patriots. These fighters struck quickly, then
disappeared into the woods. The most famous
36
CHAPTER 2
was Francis Marion, who was nicknamed the
Swamp Fox for his daring raids from the Carolina marshes.
Washington's second in command, General
Nathanael Greene, took charge in the South. In
March 1781 Greene and Lafayette's troops met
British commander Lord Cornwallis's army in
a brutal battle at Guilford Court House, North
Carolina. Cornwallis won, but British losses
were so great that he stopped the campaign.
Victory at Yorktown Lafayette's troops
gradually forced the British to the coast. In
July 1781 Cornwallis took his army to the Yorktown Peninsula in Chesapeake Bay. There
they built a fort and waited for British ships
The Road to
Revolution
• Britain and the
American colonies clash
over "taxation without
representation."
• The First Continental
Congress meets.
• Battle of Lexington is
"The shot heard 'round
the world."
l
i'
I
I·
1
An American Victory
Declaring
Independence
The Revolution
Continues
• The Second Continental
Congress meets.
• Major battles take
place in the North.
• Colonists win major
victories in the West
and South.
• Violence continues in
Boston.
• The war turns in the
colonies' favor at the
Battle of Saratoga.
• France and Spain
become allies of the
colonists.
• Washington's troops
regroup during the
winter at Valley Forge.
• The Battle of Yorktown
ensures American
victory.
• Colonists draft and
sign the Declaration of
Independence.
to rescue them and bring them to Charleston
or New York. Washington then saw his chance
to trap Comwallis at Yorktown. He planned to
establish a blockade in Chesapeake Bay, preventing the British ships from rescuing Comwallis's men.
Washington ordered Lafayette to keep
Cornwallis's army trapped on the peninsula.
Meanwhile, Washington moved south with a
combined French and colonial army of more
than 17,000 troops. The Battle of Yorktown
lasted about three weeks, but Comwallis had
little chance. His army was being bombarded
by land and sea. On October 19, 1781, Cornwallis surrendered. The Battle of Yorktown
was the last major battle of the Revolutionary
War. When it ended, some British officials still
hoped that America would remain part of the
British Empire. But the colonial diplomats, who
were sent to negotiate a peace treaty, insisted
on independence.
The Treaty of Paris was signed on September 3, 1783. In it, Britain recognized the independence of the United States.
•·' 3 7
·""=-• .. s! JPmr
Summarizing Explain how
the Revolutionary War came to an end.
Cl:1311.1.1, 11.1.2
Reviewing Ideas, Terms, and People
1. a. Identify What was the First Continental Congress?
b. Summarize What actions did the First Continental
Congress take?
c. Predict Was the meeting of the Congress a final step
toward independence? Why or why not?
2. a. Recall What British actions in 1775 moved the colonists
toward independence?
b. Identify Cause and Effect What was the effect of Paine's
Common Sense on colonial thinking?
c. Elaborate How did ideas from the Enlightenment become
part of revolutionary ideology?
3. a. Describe What was Burgoyne's strategy for cutting New
England off from the other colonies?
b. Make Generalizations In general, what was the year
17761ike for the Continental Army?
c. Draw Conclusions What effect did George
Washington's leadership at Valley Forge have?
4. a. Recall Who was the Marquis de Lafayette?
b. Identify Cause and Effect How did European allies affect
the Revolutionary War?
c. Predict What challenges do you think the colonists faced
after the Treaty of Paris?
Critical Thinking
5. Sequencing Copy the chart below and make a time line of
the events and laws leading up to the battles at Lexington
and Concord.
Battles at
Lexington and
Concord
MNNJ·l:l'Q!ii@!ifl 1mw1.1
6. Persuasive As a delegate to the First Continental Congress
meeting before the Battles of Lexington and Concord, make a
speech explaining what course you think the colonies should
take next.
FORMING A NEW NATION
37
Thomas
Jefferson
wrote the first draft of the
Declaration in a little more
than two weeks. How is the
Declaration's idea about
why governments are
formed still important to
our country today?
impel force
endowed provided
usurpations wrongful seizures
of power
evinces clearly displays
despotism unlimited power
tyranny oppressive power
exerted by a government
or ruler
candid fair
Here the
Declaration
lists the charges that the
colonists had against King
George Ill. How does the
language in the list appeal
to people's emotions?
In Congress, July 4, 1776
The unanimous Declaration of the thirteen united States ofAmerica,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume
among the Powers of the earth, the separate and equal station to which the laws
of Nature and of Nature's God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes which impel them to the
separation.
We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are llie,
liberty, and the pursuit of Happiness. That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the governed,
That whenever any Form of Government becomes destructive of these ends, it is the
Right of the People to alter or to abolish it, and to institute new Government, laying
its foundation on such principles and organizing its powers in such form, as to them
shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient
causes; and accordingly all experience hath shown, that mankind are more disposed
to suffer, while evils are sufferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute
Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.-Such has been the patient sufferance of
these Colonies; and such is now the necessity which constrains them to alter their
former Systems of Government. The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to
a candid world.
He has refused his Assent to laws, the most wholesome and necessary for the
public good.
He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained;
and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing
them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected;
whereby the Legislative Powers, incapable of Annihilation, have returned to the
People at large for their exercise; the State remaining in the mean time exposed
to all the dangers of invasion from without, and convulsions within.
relinquish release, yield
inestimable priceless
formida ble causing dread
annihilation destruction
convulsions violent
disturbances
naturalization of foreigners
the process by which foreignborn persons become citizens
appropriations of lands
setting aside land for settlement
tenure term
a multitude of many
He has endeavored to prevent the population of these States; for that purpose
obstructing the Laws of Naturalization of Foreigners; refusing to pass others
to encourage their migration hither, and raising the conditions of new
quartering lodging, housing
Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for
establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and
the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to
harass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of
our legislature.
He has affected to render the Military independent of and superior to the Civil
Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punishment for any Murders which
they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing taxes on us without our Consent:
For depriving us in many cases, of the benefits ofTrial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
Colonists had
been angry
over British tax policies since
just after the French and
Indian War. Why were the
colonists protesting British
tax policies?
arbitrary not based on law
render make
abdicated given up
foreign mercenaries soldiers
hired to fight for a country not
their own
perfidy violation of trust
insurrections rebellions
petitioned for redress asked
formally for a correction of
wrongs
unwarrantable jurisdiction
unjustified authority
magnanimity generous spirit
conjured urgently called upon
consanguinity common
ancestry
acquiesce consentto
rectitude rightness
For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to
render it at once an example and fit instrument for introducing the same absolute
rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislature, and declaring themselves invested with Power
to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the
lives of our people.
He is at this time transporting large armies of foreign mercenaries to complete
the works of death, desolation and tyranny, already begun with circumstances
of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally
unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms
against their Country, to become the executioners of their friends and Brethren,
or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavored to bring on
the inhabitants of our frontiers, the merciless Indian Savages, whose known rule
of warfare, is an undistinguished destruction of all ages, sexes and conditions.
Here the
Declaration
calls the king a tyrant. What
do you t hink tyrant means
from this passage?
In every stage of these Oppressions We have Petitioned for Redress in the most
humble terms: Our repeated Petitions have been answered only by repeated injury.
A Prince, whose character is thus marked by every act which may define a Tyrant,
is unfit to be the ruler of a free People.
Nor have We been wanting in attention to our British brethren. We have warned
them from time to time of attempts by their legislature to extend an unwarrantable
jurisdiction over us. We have reminded them of the circumstances of our emigration
and settlement here. We have appealed to their native justice and magnanimity, and
we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They
too have been deaf to the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our Separation, and hold them, as we
hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of
our intentions, do, in the Narne, and by Authority of the good People of these Colonies, solemnly publish and declare, 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; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances,
establish Commerce, and to do all other Acts and Things which Independent States
may of right do. And for the support of this Declaration, with a firm reliance on the
Protection of Divine Providence, we mutually pledge to each other our Lives, our
Fortunes and our sacred Honor.
John Hancock
Benjamin Harrison
Lewis Morris
Button Gwinnett
Thomas Nelson, Jr.
Richard Stockton
Lyman Hall
Francis Lightfoot Lee
John Witherspoon
George Walton
Carter Braxton
Francis Hopkinson
William Hooper
Robert Morris
John Hart
Joseph Hewes
Benjamin Rush
Abraham Clark
John Penn
Benjamin Franklin
Josiah Bartlett
Edward Rutledge
John Morton
William Whipple
Thomas Heyward, Jr.
George Clymer
Samuel Adams
Thomas Lynch, Jr.
James Smith
John Adams
Arthur Middleton
George Taylor
Robert Treat Paine
Samuel Chase
James Wilson
Elbridge Gerry
William Paca
George Ross
Stephen Hopkins
Thomas Stone
Caesar Rodney
William Ellery
Charles Carroll
of Carrollton
George Read
Roger Sherman
Thomas McKean
Samuel Huntington
George Wythe
William Floyd
William Williams
Richard Henry Lee
Philip Livingston
Oliver Wolcott
Thomas Jefferson
Francis Lewis
Matthew Thornton
I@Yfrflf;)lllffl Here is where
the document
declares the independence of
the colonies. Whose authority
does the Congress use to
declare independence?
The Congress
adopted the
final draft of the Declaration of
Independence on July 4, 1776.
A formal copy, written on
parchment paper, was signed
on August 2, 1776.
The following
is part of a
passage that the Congress
removed from Jefferson's
original draft: "He has waged
cruel war against human
nature itself, violating its
most sacred rights of life
and liberty in the persons
of a distant people who
never offended him,
captivating and carrying
them into slavery in another
hemisphere, or to incur
miserable death in their
transportation thither."
Why do you think the
Congress deleted this
passage?
[jiJ
G§3 11.1.1 Describe the
BEFORE
You
READ
MAIN IDEA
READING FOCUS
KEY TERMS AND PEOPLE
After the Revolution, American
leaders struggled
to form a national
government and
eventually wrote
the Constitution.
1. What were the weaknesses ofthe
Articles of Confederation?
Articles of Confederation
James Madison
checks and balances
legislative branch
executive branch
judicial branch
Federalists
Antifederalists
ratification
Bill of Rights
2. What did the founders discuss
when drafting the Constitution?
3. What was involved in ratifying the
Constitution?
rise of democratic ideas as
the context in which the
nation was founded.
G§3 11.1.2 Analyze
the debates on the drafting and ratification of the
Constitution, and the addition of the Bill of Rights.
G§3 11.3.5 Describe the
principles of religious liberty
found in the Establishment
and Free Exercise clauses
of the First Amendment,
including the debate on
the issue of separation of
church and state.
A. Some states, like nations,
had their own currencies.
iTHE INSIDE
1
STORY
Why was Pennsylvania money
worthless in New York? In 1774,
at the First Continental Congress, Patrick
Henry declared, "The distinctions between Virginians, Pennsylvanians, New Yorkers, and New Englanders are no more. I
am not a Virginian but an American."
Some 13 years later, however, state loyalty was still
stronger than any feeling of national unity in the United
States. In many ways, each state behaved like a small country. States imposed tariffs, or import taxes, on goods shipped
from other states. Some states had their own navies and
made treaties with foreign nations. Many states printed
their own paper money. This meant if you had a pocket
full of paper money printed in Pennsylvania, you could not
spend it in New York or Virginia!
42
CHAPTER 2
The Articles of Confederation
After the Declaration of Independence, the United
States was an independent nation, so American leaders
needed to create their own political system. Americans
did not want a king or other supreme authority ruling them. Going back to the ideas of John Locke, they
wanted a republic, a political system without a monarch. It would rule "with the consent of the governed."
No government in the world at that time was based
on this idea. The ideal of republicanism was that hardworking, property-owning citizens would be active in
their government. Reality, of course, was different. Mrican Americans and Native Americans were not citizens,
and most Mrican Americans were enslaved. The right
to vote or to own property was not extended to them. In
addition, women had few property rights and
poor white men had more limited civil rights.
The states had formed their new governments quickly. Mter independence had been
declared, each wrote its own constitution. But
the Second Continental Congress found it
harder to agree on a structure for a national
government. It was apparent that some kind
of central government was needed to carry on
the war and make agreements with foreign
governments.
A weak central government Congress
had adopted the Articles of Confederation back
in November 1777. This was America's first
national constitution. As its name says, the
document established a confederation-an
association of independent, sovereign states
with certain common goals.
Under the Articles, the central government
had power to set national policies and carry
on foreign relations, including relations with
Native American nations. The government
could also borrow and coin money and set up
post offices. Finally, it could establish an army
and declare war.
But the Articles of Confederation had many
weaknesses. Congress was the chief agency of
the government because there was no executive branch. It proved difficult, and often
impossible, for Congress to put its policies into
effect. Nine of the 13 states had to agree on any
law. All 13 had to agree to amend the Articles
of Confederation.
The government also did not have the
power to impose or collect taxes, which made
it very difficult to pay for the Revolution. The
Confederation could not pay back money it had
borrowed. Some soldiers who had fought in the
Revolution also went unpaid.
Because its central government was so
weak, the Confederation had trouble taking
advantage of what the United States had won
in the 1783 Treaty of Paris. For example, the
British continued to occupy their forts in the
Great Lakes region. With the help of Native
American allies, they kept American settlers
out of parts of the Northwest Territory.
Shays's Rebellion It was not only the government that had money problems. Economic
problems faced people in every state. The end
of the war was a disaster for New England's
• Congress could not impose taxes
• Congress could not regulate trade
• 9 of 13 states needed to agree to pass laws
Shays's forces were
easily defeated, but
the rebellion rang
alarm bells among
the nation's leaders.
• All states had to agree to amend the
Articles
• No executive branch to enforce laws
passed by Congress
• No judicial branch to interpret laws passed
by Congress
valuable trade with Britain and the British
West Indies. Traders lost the advantage of
being part of the British Empire and now had
to pay high customs duties.
In addition, the paper money issued during
the war was not backed up with gold or silver.
That led to inflation-a huge rise in prices as
the value of paper money fell. The Confederation could not collect taxes, but the states
could and did. Some required that people pay
their taxes in "hard currency," not the almostworthless paper money. People who could not
pay their debts were jailed. The laws especially
hurt poor farmers who were already in debt.
That led to riots in several places.
The most famous was Shays's Rebellion
in Massachusetts in 1786. Angry farmers, led
by Daniel Shays, a former Continental Army
captain, shut down debtor courts. The rebellion
was crushed by Massachusetts militiamen, but
it illustrated the weakness of the Articles.
ACADEMIC
VOCABULARY
constitution
document outlining
basic laws and
principles
amend make
changes
FORMING A NEW NATION
43
Settling the western territories Even
though the Confederation established a weak
central government, some of its actions did
have long-lasting effects. One notable accomplishment was establishing a pattern for settlement in western lands.
The Articles of Confederation did not cover
the question of new states. In 1784 Thomas Jefferson proposed a plan to divide the Northwest
Territory-the land north and west of the Ohio
River. It would set up 10 districts. When population in any district reached 20,000, its people
could send a representative to Congress. Later,
it could be admitted as a new state. This plan
never went fully into effect.
The next year, in the Land Ordinance of
1785, Congress drew up a plan for surveying,
selling, and settling the territory. Land would be
surveyed and divided into a neat grid of townships, each six miles square. Within a township
were 36 sections, each one mile square. The
government would own four of them, while a
fifth would be sold to support public schools.
This changed the landscape of the Midwest
into the checkerboard pattern still seen today.
Key Delegates at
the Constitutional
Convendon
oger Sherman
lexander Hamilton
enjamin Franklin
~• 1 ames Madison
eorge Washington
Then in 1787, Congress passed another
law for western settlement, the Northwest
Ordinance. It was meant to encourage orderly
settlement and the formation of new states, all
controlled by law. The states of Ohio, Indiana,
Illinois, Michigan, and Wisconsin were eventually carved out of the Northwest Territory.
The Ordinance also promised settlers religious freedom and other civil rights. Significantly, slavery was not allowed.
Summarizing Under the
Articles of Confederation, what powers did the central
government have?
Drafting the Constitution
Frustration with the Articles of Confederation
had been building for years among farmers,
veterans, merchants doing business between
states, and many other Americans. In the fall
of 1786 Washington and James Madison convened a meeting of the states in Annapolis,
Maryland, to discuss the situation, but delegates from only five states attended.
After the Annapolis meeting, Congress
called all the states to meet in Philadelphia
in May 1787 for a Constitutional Convention.
This was a turning point in American history. The best account of the Convention is the
detailed diary kept by James Madison. Because
of the role he played in planning and writing
the final document, Madison is often called the
Father of the Constitution.
Other key delegates to the Constitutional
Convention-now known as the Framersincluded Roger Sherman, Alexander Hamilton,
and James Wilson. Leading the group were
George Washington and Benjamin Franklin.
The convention unanimously chose Washington as its president.
Compromises at the Convention The
major issues at the Constitutional Convention
centered on how to find a balance between large
and small states and between northern and southern interests. There was also a battle between
those who wanted a strong national government
and those who wanted to protect states' rights.
Edmund Randolph of Virginia presented
the Virginia Plan, which proposed a completely
new form of government. There would be three
separate branches: an executive branch, a legislative branch, and a judicial branch. The legislature would choose an executive to carry out
the laws. It would also set up a court system.
The legislature would be bicameral, or made
up of two houses, or groups of representatives.
Members of the legislature would be chosen in
proportion to each state's population.
Smaller states quickly objected to the
Virginia Plan. Because their large neighbors
would have more representatives in the legislature they would have more power. One
delegate from a small state, William Paterson
of New Jersey, proposed a "small state" plan.
The New Jersey Plan kept many features of
the Confederation, although it gave Congress
additional powers. Among other proposals, the
plan suggested a one-house legislature with
equal representation for each state.
Finally, the Connecticut delegates came
up with a plan for a compromise that would
ACADEMIC
VOCABULARY
proportion
proper or equal
share
This painting shows the Framers signing the Constitution
on September 17, 1787. A key accomplishment of the
Convention was an agreement to create a bicameral,
or two-house, legislature. This agreement is called the
Great Compromise.
Virginia Plan
(Large state plan)
New Jersey Plan
(Small state plan)
• Gave more power in national
government to large states
• Bicameral legislature
• Each state's number of representatives would be based on
population
• Gave equal power in national
government to all states
• Unicameral legislature
• Each state would have an
equal number of
representatives
• Bicameral legislature
• In the lower house, each state's number of representatives is determined
by population
• In the upper house, each state has an equal number of representatives
45
Judicial Branch
• May propose constitutional amendments to
overrule judicial decisions
• May impeach Supreme
Court justices
Executive Branch
• May reject appointments
made by executive
• May reject treaties
• Controls funding for
presidential initiatives
• May impeach president
• May override a veto
Legislative Branch
• May declare laws passed by
Congress to be unconstitutional
Executive Branch
• May declare executive actions to
be unconstitutional
Legislative Branch
• May veto bills
• May adjourn Congress
in certain situations
Judicial Branch
• Appoints judges
The Constitution set up checks and
balances among the branches of government. How, for example, can the
president and the Supreme Court affect
laws passed by Congress?
See Skills Handbook, p. H15
ACADEMIC
VOCABULARY
federal national
46 CHAPTER 2
balance the interests of both large and small
states. They said, "The two ideas ... ought to be
combined; that in one branch the people ought
to be· represented; in the other the States."
That ~s, the upper house of the legislature, the
Senate,' would have two representatives from
each state. In the lower house, representation
would be based on population. All spending
bills would begin in the lower house, where
large states had more power.
Today this answer seems obvious. But it
was such a major step for the convention that
it became known as the Great Compromise. It
is also called the Connecticut Compromise. As
part of the Great Compromise, delegates also
had to decide on how to count population.
Enslaved African Americans made up a
large proportion of the population in several
southern states-as much as 30 to 40 percent.
Counting them would give those states greater
representation in Congress. But because some
taxes were based on population, it would also
increase taxes. Southern states at first wanted
to count all slaves for representation but none
for taxation. Northern states objected.
In the Three-Fifths Compromise, delegates
agreed that all whites plus three-fifths of the
slave population (referred to as "all other persons") would be counted for both representation and taxation. Native Americans would not
be counted.
Providing checks and balances Once
the first draft of the Constitution was written, there were still other points to consider.
One major point of discussion was the balance
between the powers of Congress and those of
the president (as the executive was by then
being called). One underlying question was
that of states' rights against the power of the
federal, or national, government.
The outcome was another compromise.
Instead of people directly electing the president, the state legislatures would select electors, who would then choose a president. These
last-minute changes were important in setting up checks and balances among the three
branches of government.
The committee gave the president the
power to make treaties and nominate judges
and ambassadors. But the Senate had to give
its "advice and consent" to these actions. The
president could veto a law passed by Congress.
But Congress could pass it over his veto if twothirds of each house agreed to do so.
At last, the Convention had a final document. It set out a plan of government that had
never been tried before. It had three separate
branches. The legislative branch (Congress)
makes the laws. The executive branch (the
president and the departments that help run
the government) carries out those laws. The
judicial branch (the Supreme Court and lower
courts) interprets the laws as they relate to the
Constitution.
As the diagram on the facing page shows,
there were checks and balances between the
three branches of government. Each branch
could delay or stop an action taken by one of
the other branches. This ensured that no one
branch of the government would dominate the
others or become too powerful.
Despite all of the compromises, a few of those
who had worked hardest to draft a constitution
could not bring themselves to sign the final document. In all, 39 delegates from 12 states signed
the Constitution. Then the Constitutional Convention adjourned on Monday, September 17,
1787. Now it was time for the American people
to ratify, or approve, the document.
(
Drawing Conclusions
How did small states and large states reach compromise over the issue of representation in Congress?
Ratifying the Constitution
The proceedings of the Philadelphia Convention had been secret. As the meeting continued
through the summer of 1787, people wondered
what it would produce. When the document
was finally published, supporters and opponents of the new Constitution immediately
began to present their arguments.
r COUNTERPOINTS
~DltD
vs.
I
•
I
•
•
DltD
Patrick Henry spoke against the
proposed Constitution, saying it took
power away from the states.
In Federalist No. 45, James Madison
argued that the states were too powerful
under the Articles of Confederation.
' ' Here is a resolution as radical as that which separated us
from Great Britain. It is radical
in this transition; our rights and
privileges are endangered, and
the sovereignty of the states
will be relinquished.JJ
' ' Was, then, the American Revolution
effected, was the American Confederacy
formed, was the precious blood of thousands
spilt, ... not that the people of America
should enjoy peace, liberty,
and safety, but that the
government of the individual States ... might enjoy
a certain extent of power,
and be arrayed with certain
dignities and attributes of
sovereignty?JJ
Patrick Henry,
1788
James Madison,
1787
Distinguishing Fact from Opinion Which
parts of these quotations are fact, and which parts
are opinion?
See
Skills Handbook. pp. H28-H29
FORMING A NEW NATION
47
Federalists and Antifederalists
Supporters of the Constitution, once called
nationalists, were now referred to as Federalists.
Their name comes from the term federalism,
which is a sharing of power between a national
government and its subdivisions (such as
states). The people who opposed the Constitution were called Antifederalists . These two
groups would battle over ratification , or official
approval, of the Constitution.
Most Federalists believed that a strong
national government was necessary for the survival of the nation. They wanted government to
end chaos and be a check on the kind of mob
rule shown by Shays's Rebellion. At the same
time, they pointed out that the separation of
powers in the Constitution limited government
power. The Federalist cause was generally popular in the cities and among the wealthy.
On the other hand, Antifederalists feared
that a strong national government would
lead to a kind of tyranny-just what they had
fought against in the Revolutionary War. The
Antifederalists worried that the central government would abuse both states' rights and
individual liberties. They did not trust any government to protect its people's rights.
• ;,·::- "'; ': .~··rA··-, .- - ,.:-- .
Many Antifederalists also thought the new
government favored the educated and the
wealthy over ordinary people. The Antifederalists came from different economic backgrounds
and social classes. Many, however, were farmers and planters.
The Federalist Papers Some of the most
important su pport for the Constitution
appeared in a series of 85 essays known as the
Federalist Papers. Published anonymously in
a New York newspaper, they were eventually
collected in a book called The Federalist.
In the essays, the anonymous writer who
called himself Publius discussed and defended
each part of the Constitution. The main goal
of the essays was to persuade New York delegates to ratify the document by explaining its
advantages. But they were also brilliant explanations of the principles of federalism.
Publius was in fact three leading Federalists-James Madison, Alexander Hamilton,
and John Jay. Madison, on whose ideas the
Constitution was based, wrote on political
theory. Hamilton was leading the Federalist
campaign in New York. He offered practical
arguments for a strong government .
,._ .• ,.- . -\_. - _- - -:~:·--_:_ f::c~~--r-~'--~::·:·:~_-';1; :.-: :'"";> ::~~--- "7. _f~,.;;:···?'~:·•r>:··1?~·ff7~·.:~.
Creating a New Govercl!~~:l:!~ ,.;;·,·..r/.:·;..;~:¥~··
, . ·.
; '-- ··
.. J.
_,
: __ - • -~-·i·>· ... ,-~ ...:...::.c.- _<i:·'':.t':....--.1:'>'1;_.-'-c-a..-l;;.o};~""';--.
si~'·i·~i!..:...;Ls).;,-;.;t,:,;j;
The Articles of Confederation
(ratified 1781)
The United States Constitution
(ratified 1788)
• America's first written constitution
• Replaced the Articles of Confederation
• A loose union of sovereign states
• Provided representation for all states
• States intentionally made the central government
weak because they feared tyranny
• Established three branches of government (executive,
legislative, judicial) with separation of powers to avoid
tyranny
• The weak central government under the Articles of
Confederation was ineffective
• Created checks and balances between the three
branches
•Included a Bill of Rights (ratified in 1791)
48
CHAPTER 2
ties. The Ninth Amendment stated that listing
certain
rights given to the people did not mean
the Constitution, most Antifederalists first
that others did not exist.
wanted a Bill of Rights. They wanted to see basic
Most of the amendments that form the Bill
rights added to the document to be sure that
of
Rights
listed things that no government,
individual liberties would be protected. Adding
state
or
federal,
could do. The final amendment
a Bill of Rights to the Constitution became the
addressed the actions that states could take. It
main focus of the struggle over ratification.
addressed the Antifederalists' fears about the
Article VII of the Constitution explained
loss
of states' rih ts and sovereignty.
what must be done to bring the document into
The
Tenth Amendment defined two kinds
effect and make the new government a realof government powers. The Constitution gives
ity. The Framers knew that getting unanimous
certain powers to each branch of the national,
agreement would be difficult. Therefore, only
or
federal, government. Those are known as the
nine of the thirteen states needed to ratify the
delegated
powers. Some are expressly stated
Constitution.
and others are implied. The Tenth AmendIn the end, several crucial states ratified
ment
also defined the reserved powers. Those
the Constitution only because they were promare
powers
not specifically given to the federal
ised a Bill of Rights. Once the new Congress
government or denied to the states. Reserved
was elected, it had to begin work on such legpowers belong to the states or to the people.
islation quickly. Article V of the Constitution
This compromise opened the way to putting
gave either Congress or state conventions the
the Constitution in force.
right to propose amendments. Amendments
Most of the amendments in the Bill ofRights
then would go to the states for approval.
echoed the rights listed in the Virginia DeclaMadison took charge of getting a Bill of
ration of Rights, written by George Mason. The
Rights through Congress. By the end of 1791,
First Amendment, for example, guaranteed
10 amendments were approved. These first 10
basic civil liberties, such as freedom of speech,
amendments to the Constitution became the [
the press, and religion. You can read the comBill of Rights.
plete text of the Bill of Rights in the ConstituThe Bill of Rights protected both individution Handbook at the end of this chapter.
als and states against what people feared might
-.:sc.c::::a S::ss;L Making Inferences Why
be too much government power. The first eight
did Madison lead the fight for a Bill of Rights?
amendments dealt with individual civilliber-
The Bill of Rights Before agreeing to ratify
Government
The free-speech
protection of the
First Amendment
has also been
applied to "symbolic" speechnon-verbal communication that
expresses an idea,
such as wearing a
protest button.
~ 11.1.1, 11.1.2, 11.3.5
Reviewing Ideas, Terms, and People
1. a. Describe What kind of government did the Articles of
Confederation create?
b. Explain Why was it so difficult to amend the Articles of
Confederation?
c. Evaluate Do you think the farmers in Shays's Rebellion
were justified in rebelling? Explain your answer.
c. Evaluate How has the Bill of Rights been important in
American history since 1791?
Critical Thinking
4. Comparing Copy the chart below and list the powers and the
weaknesses of the Confederation government.
Powers
Weaknesses
2. a. Identify Identify the three branches of government and
the role of each of them.
b. Explain How did the Great Compromise balance the
wishes of small states and large states?
c. Develop How did delegates' opinions change during the
course of the Constitutional Convention?
3. a. Recall What is the Bill of Rights?
b. Summarize What kinds of rights were promised in the first
(a!1 W1.1
~--------------~~
S. Persuasive As a Federalist or Antifederalist during the 10
months after the Constitutional Convention, write a paragraph arguing for or against ratification.
eight amendments to the Constitution?
FORMING A NEW NATION
49
BEFORE
You
~
READ
MAIN IDEA
READING FOCUS
KEY TERMS AND PEOPLE
Under presidents
Washington,
Adams, and
Jefferson, the
United States
continued to shape
its new government
while facing both
foreign and domestic challenges.
1. What actions did Washington take
Alexander Hamilton
Democratic-Republicans
Judiciary Act of 1789
strict constructionist
loose constructionist
Whiskey Rebellion
John Adams
Marburyv. Madison
Louisiana Purchase
War of 1812
when he became president?
2. What challenges did the United
States face in the 1790s?
3. What were the main events of
Jefferson's presidency?
4. What were the causes and effects
of the War of 1812?
rTHE INSIDE
~ STORY
II§=l11.1.3 Understand
the history of the
Constitution after 1787 with
emphasis on federal versus
state authority and growing
democratization.
How did Americans
welcome the new
president? On April16,
George Washington left his home in Virginia to
attend his presidential inauguration in New York
City. His trip north was one long celebration. As
Washington's coach passed through towns and
villages on the way, enthusiastic crowds cheered
him. Men on horseback rode alongside the coach,
stirring up dust from the dirt roads. Washington
stopped in small towns to make speeches. He led
parades and went to lavish dinners. The emotions
of the people seemed almost overwhelming. At
last Washi ngton reached New York, and the joyful
celebrations reached a peak on the historic day of
his inauguration, April30, 1789.
~
Washington's stately image has
come to symbolize the presidency.
50
CHAPTER2
Washington
Becomes President
In his inaugural address, Washington spoke
modestly, saying that he was not experienced
in civil administration. But the former commander in chief was used to being a leader. His
dignity and air of quiet power along with his
impressive height clearly commanded authority. He knew that what he did as president
would set a pattern for later administrations.
Washington's cabinet One of the first
things Washington did was set up the cabinet, a group of advisers to the president. The
Constitution mentions the ''heads of the executive departments" but does not mention the
cabinet by name. In 1789 Congress created the
first three executive departments-state, treasury, and war. To lead these new departments,
Washington chose men he knew and trusted.
Henry Knox, who had been in charge of
artillery in the Revolution, was secretary of war.
Thomas Jefferson was secretary of state, while
Alexander Hamilton was secretary of the treasury. Edmund Randolph of Virginia was attorney general, the president's legal adviser.
There were political divisions between the
cabinet members. Hamilton and Jefferson
were both brilliant but disagreed about policies. They were also very different in personality and grew to dislike each other intensely.
The Federalists, led by Hamilton, still saw
the country growing into a strong centralized
nation with prospering cities and businesses
and a role in world affairs. But others saw a
more rural than urban country, with power
residing closer to the people, in the state governments. Led by Jefferson and Madison, they
took the name Democratic-Republicans.
Another precedent set by the first government was setting up the structure of the
court system. In the Judiciary Act of 1789, Congress organized the judicial branch. It had a
six-person Supreme Court with one chief justice and five associates. It also set up district
courts and circuit courts of appeal. Washington
named John Jay as the first chief justice of the
Supreme Court.
Hamilton's financial plan The first secretary of the treasury, Alexander Hamilton, faced
enormous problems. The new government had
Thomas Jefferson is best
known as the writer
of the Declaration of
Independence as well
as being the nation's
third president. His most
important accomplishment as president was the Louisiana Purchase.
Jefferson was a man of many talents and contradictions. He was
not only a politician but also a gifted architect, scholar, scientist, and
writer. Even though he was a wea lthy and educated Virginia planter,
he truly believed in republican simplicity. His actions reflected this
belief. Jefferson was casual in the way he dressed and acted. He
walked to and from his inauguration and kept state dinners informal.
Analyze What was Jefferson's most important accomplishment as
president?
no money to pay everyday expenses. It also
owed money to foreign nations, to private lenders, and even to former soldiers. Hamilton did
not share the belief in republican ideals. He
thought that a wealthy, aristocratic class was
the secret of a stable government.
Hamilton's financial plan recommended
three major steps:
• The federal government should take on both
state and national debt.
• The government should raise revenue by
passing tariffs.
• The United States should create a national
bank and a national mint to stabilize the
banking system.
'\
Hamilton's debt repayment plan was controversial. For one, many felt it would unfairly
reward wealthy people who bought Revolutionary War bonds from the original bondholders.
These bondholders, mostly merchants, farmers,
and soldiers, had sold their bonds at low prices
believing the government would not repay. Secondly, many southern states had already paid
their debts. They resented that the federal government would take on state debts.
In part, the disagreement between northern and southern states was solved by moving
the capital. Southerners had long felt that a
capital in New York City would give the northern states too much influence. In 1791 the capital moved to Philadelphia with a plan to move
south in ten years to a site on the Potomac
River, later called Washington, D.C.
Government
The Supreme Court
today consists of
a chief justice and
eight associate justices. Chief Justice
William Rehnquist
served as the
nation's 16th chief
justice until his
death in 2005. He
was succeeded
by Chief Justice
John Roberts.
FORMING A NEW NATION
51
The Bank of the United States By far, the
most controversial part of Hamilton's plan was
the idea of a national bank. Some people, such
as Jefferson, believed that the government did
not have the power to create a national bank.
These people thought that the government
only had the powers specifically granted in the
Constitution. A person who held this belief was
called a strict constructionist.
Alexander Hamilton, on the other hand,
was a loose constructionist. When he proposed
the national bank, he said that the Constitution also allows actions that are not specifically
mentioned-as long as they are not specifically
prohibited. He pointed to the clause that allows
Congress to pass all laws that are "necessary
and proper" to carry out its assigned powers.
Jefferson urged Washington to veto the
bank bill. While Washington admitted that he
was "greatly perplexed," he did not want to use
the veto. Hamilton eventually persuaded him
that it was necessary to be flexible. In February 1791 Washington signed the bill to charter
the first Bank of the United States.
The differences of opinion between
Hamil ton and Jefferson had another consequence. Those who supported Jefferson
became known as Democratic-Republicans,
while supporters of Hamilton were known
as Federalists. The Constitution did not
anticipate political parties because most of
the Framers thought political parties were
dangerous to national unity. However, in the
1790s that was the way national politics was
developing. The Democratic-Republicans and
the Federalists became the nation's first two
political parties.
Identifying Problem and
Solution Why did Washington decide to sign the
bank bill?
Challenges in the 1790s
Washington's presidency had a productive
start. Still, the United States would continue to
face challenges during the 1790s from groups
both at home and abroad.
Washington's Farewell Address
In 1796 George Washington
announced that he would not
seek a third term in office. In his
famous Farewell Address, Washington prepared the country for
new leadership. Among other
things, he warned Americans to
avoid divisions based on political parties and geography.
The word despotism
means "a system
of government in
which the ruler has
unlimited power."
"I have already intimated to you the danger of parties
in the state, with particular reference to the founding of
them on geographical discriminations. Let me now take
a more comprehensive view, and warn you in the most
solemn manner against the baneful [harmful] effects of
the spirit of party, generally ...
The alternate domination of one faction over another,
sharpened by the spirit of revenge natural to party
/ dissension ... is itself a frightful despotism ...
It serves always to distract the public council and enfeeble the public administration. It agitates the community
with ill-founded jealousies and false alarms, kindles the
animosity of one party against another, foments [promotes] occasionally riot and insurrection ... "
By "geographical
discriminations,"
Washington meant
differences based on
where different sections of the country
are located.
1. Making Inferences What does Washington mean by
the phrase "the spirit of party"?
2. Analyzing Primary Sources According to Washington,
what are the dangers of political parties?
See Skills Handbook, p. H17, H28-H29
52
CHAPTER 2
The French Revolution In early 1789
France exploded into revolution. French citizens protested against food shortages, high
prices, and taxes. On July 14, 1789, a crowd of
angry Parisians stormed the Bastille prison,
which was a hated symbol of royal power. Soon,
a revolutionary government took over. It limited the king's power and made France a constitutional monarchy.
In 1793 radicals called J acobins took
power in France and declared a republic.
They imposed a Reign of Terror. Thousands of
people were arrested and imprisoned or sent
to the guillotine to be beheaded, including the
king and queen. Then moderates regained
control.
Many Democratic-Republicans supported
the French Revolution, thinking that it was
a turn toward liberty in France. Hamilton's
Federalists, however, were displeased that the
revolution had overthrown the French government and that France was at war with European nations, including Britain.
President Washington was convinced that
the growth and prosperity of the United States
depended on staying neutral. In April 1793, he
issued the Neutrality Proclamation. He held to
that policy for the rest of his presidency.
Jay's Treaty and Pinckney's Treaty Some
ongoing disputes between Great Britain and
the United States were resolved in 1794 in
Jay's Treaty, negotiated by Chief Justice John
Jay. Britain agreed to pay damages for American ships they had seized. They also agreed
to vacate their forts in the Northwest Territory. The treaty was unpopular in the United
States, where many felt Great Britain should
have been punished more severely for seizing
American ships.
Then in Pinckney's Treaty (1795), the
United States peacefully settled boundary disputes with Spain over Spanish Florida. Americans considered this treaty a success because it
opened the frontier to further settlement.
The Whiskey Rebellion At home, the first
major challenge was the Whiskey Rebellion . In
1794 farmers in western Pennsylvania objected
violently to Hamilton's excise tax on whiskey.
They attacked tax collectors and burned the
barns of people who gave away the location of
stills where whiskey was made. Washington
responded quickly, sending militia to put down
the rebellion. He wanted to make it clear that
armed rebellion against the national government would not be tolerated. No blood was
shed, and the farmers backed down.
Conflict in the Northwest Territory As
the Whiskey Rebellion was taking place, Americans were also facing conflicts with Native
Americans in the Northwest Territory. In 1794
General Anthony Wayne defeated a confederacy of Native Americans at the Battle of Fallen
Timbers. Then in the Treaty of Greenville, the
United States claimed most of the Indian land
in the Northwest Territory.
Challenges for President Adams In
1796 Washington refused to consider a third
term as president. As his Farewell Address, he
published a long letter in a Philadelphia newspaper. (See the excerpt on facing page.) In it he
continued to warn against getting involved in
party politics and the affairs of foreign countries. Washington's vice president, John Adams,
was elected president. Thomas Jefferson
became vice president.
Adams wanted to improve the relationship
between the United States and France, but
some angry Federalists wanted war. In 1797
Adams sent three diplomats to France-Charles
Cotesworth Pinckney, Elbridge Gerry, and John
Marshall. Rather than meeting with them, the
French foreign minister sent three minor diplomats who demanded bribes and a loan.
An angry President Adams sent a report
to Congress, naming the three French agents
as X, Y, and Z. When the XYZ affair became
public, many Americans wanted war. A popular slogan was "Millions for defense but not one
cent for tribute!"
The XYZ affair brought new suspicions
about the Republicans' pro-French sympathies
and a general resentment of foreigners. That
allowed Congress to pass several repressive
laws, including the Alien and Sedition Acts,
which prohibited criticism of the federal government. In the Kentucky and Virginia Resolutions, Jefferson and Madison argued that
these laws were unconstitutional.
Sequencing List, in order,
the domestic and foreign challenges the United States
faced in the 1790s.
FORMING A NEW NATION
53
Jefferson's Presidency
The election of1800 was the first American election in which power passed from one political
party to another. President Adams ran for reelection as a candidate of the Federalist Party,
with Charles Cotesworth Pinckney nominated
as his vice president. Running against Adams
was Thomas Jefferson, the Democratic-Republican candidate. Jefferson's party nominated
Aaron Burr to run as his vice president.
The election of 1800 was also unique
because it was a tied election. At that time,
the candidate who received the most electoral
votes became president, and the candidate who
received the second most electoral votes became
vice president. Jefferson and Burr received the
same number of electoral votes.
Eventually the House of Representatives
decided that Jefferson would be president. To
ensure that the problem never happened again,
Congress also passed the Twelfth Amendment
to the Constitution. This set up separate ballots for president and vice president, a system
that remains in effect today.
Jefferson's inaugural address spoke of unity
and tolerance. ''We are all Republicans, we are
all Federalists," he said. Jefferson's presidency
was guided by two essential principles:
• reducing the size and influence of the federal
government
• cutting back the taxes passed under Hamilton's financial plan
Marbury v. Madison A key event of Jefferson's presidency was strengthening the powers of the Supreme Court. This happened in
an interesting turn of events. Jefferson's inauguration was not until March 1801. That gave
Federalists in Congress time to create several
new judgeships. Because Adams worked late
into the night of March 3, 1801, appointing
Federalists to these positions, they were known
as the midnight judges.
Secretary of State James Madison, however, refused to deliver a commission to one of
the midnight judges. In Marbury v. Madison,
the Supreme Court ruled that the Constitution
did not give the Court power to make Madison deliver the commission.Therefore, the law
BRITISH
TERRITORY
D
Louisiana Purchase
(acquired 1803)
Lewis and Clark's
expedition, 1804-1806
200
200
400 Mil es
.~
400 Kilometers
,,
RY
1. Movement About how long was Lewis and Clark's route?
2. Region What new problems do you think the Louisiana Purchase
might present for the United States? For Native Americans?
See Skills Handbook, p. H 19, H20
II
"") w* s '
.. )
THE GRANGER COLLEOION, NEW YORK
that gave the Court that power-the Judiciary
Act of 180 1-was unconstitutional. Marbury v.
Madison thus established the Supreme Court's
right to declare that a law violates the Constitution. This power is known as judicial review.
Along the way, they acquired an invaluable
guide-a young Shoshone woman, Sacajawea, whose name means Canoe Launcher. In
November 1805 the expedition finally reached
the Pacific Ocean.
The Louisiana Purchase One of Jefferson's
Identifying Problem and
Solution What constitutional question did the Louisiana Purchase raise?
major achievements was purchasing Louisiana
from France. This transfer was known as the
Louisiana Purchase, and it roughly doubled the
size of the United States.
The Louisiana Purchase looked like a
remarkable bargain, but it raised questions,
especially for Jefferson. He had to consider his
long-held position in favor of strict construction of the Constitution. Nowhere did the Constitution give him the authority to buy new
territory. Yet he felt the purchase was a good
idea. Jefferson and his advisers finally decided
that the right to acquire territory was implicit
in the constitutional power to make treaties.
Once the Louisiana Purchase was approved
by .Congress, Jefferson sent out a number of
expeditions. The most famous was the Lewis
and Clark expedition (1804-1806), led by Meriwether Lewis, Jefferson's secretary, and William Clark, an experienced frontiersman.
The ultimate destination of the Lewis and
Clark expedition was the Pacific Ocean. Jefferson wanted the expedition to map the country
and survey its natural history-plants, animals, and landforms. Lewis, Clark, and their
men paddled along rivers, trekked across
plains, and tramped through thick forests.
The War of 1812
Most Americans were enthusiastic about the
Louisiana Purchase, bringing a landslide victory for Jefferson in 1804. Then world events
pushed the United States toward war.
Causes of the War of 1812 In 1803 the
Napoleonic Wars broke out between France
and Great Britain. Once again, the United
States was caught in the middle. Both French
and British warships would stop American
merchant ships. The British even began a
policy of impressment, or seizing Americans at
sea and drafting them into the British navy.
This angered many Americans.
Americans also discovered that the British were helping the Native Americans in the
Northwest in their fight against American settlers. In response to these events, a group of
young Congressmembers known as the Wa~
Hawks began calling for war with Britain to
protect American interests. Soon, the War of
1812 began.
ACADEMIC
VOCABULARY
implicit true but
unexpressed
FORMING A NEW NATION
55
In the final battle of thel war, Americans
won a decisive victory. On January 8, 1815,
General Andrew Jackson led American troops
against a large British force in New Orleans
and defeat ed it. The battle made Jackson a
hero and was the last major conflict of the War
of 1812.
• British impressment of American sailors
• International conflicts over commerce
• British military aid to Native Americans on the
Northwest Territory frontier
Effects of the War of 1812 By the time
EFFECTS
• Foreign respect for the United States
• National pride
• Increase in American manufacturing
• Less Native American resistance
The War of 1812 was the second war
between British and American forces in North
America. It was fought on land and sea, from
Canada in the north to Louisiana in the south.
Much of the war took place along the border
between Canada and the United States. The
British also set up a naval blockade along the
Atlantic coast.
Jackson won at New Orleans, however, the
peace treaty had already been signed. Slow
methods of communication prevented Jackson
from receiving the message in time to prevent
the battle.
In 1814 American and British diplomats
met in Ghent, Belgium, to finalize a treaty
that had been signed in December. No territory changed hands, but the United States felt
it had proved itself as a nation.
Other effects of the war included the end
of the Federalist Party, whose members had
opposed t h e war. The war also weakened
Native American resistance in the Northwest,
and it gave a boost to American manufacturing. Above all, the war increased American
pride. The new nation had again successfully
defended itself against a foreign threat.
Making Inferences Why
did the War Hawks want war?
~11.1.3
Reviewing Ideas, Terms, and People
1. a. Identify Who were the members of Washington's first
cabinet?
b. Explain How did Washington influence the role of the
president?
c. Summarize What is the difference between strict
constructionist and loose constructionist interpretations of
the Constitution?
2. a. Describe How did Washington's retirement influence
party politics?
b. Explain What was the XYZ affair, and how did it affect
American public opinion?
c. Rate Were the Alien and Sedition Acts an effective
weapon against outside interference?
3. a. Recall What was the purpose of passing the Twelfth
Amendment?
b. Summarize What were major issues in the election of
1800?
c. Predict Why was the election of 1800 significant?
56 CHAPTER 2
4. a. Recall Who were the War Hawks?
b. Explain What were the causes of the War of 1812?
c. Evaluate Why did Americans see the end of the war as a
victory?
Critical Thinking
5. Comparing Copy the chart below and compare the points of
view of Federalists and Democratic-Republicans.
Federalists
MNNJ·l~(i#H!@fl
Democratic-Republicans
lmW1.1
6. Persuasive As a political campaign worker in 1800, write a
speech persuading people to support the presidential campaign of either John Adams or Thomas Jefferson.
History's Impact video program
Review the videos to answer the closing question:
How has the American spirit of exploration
affected the history ofthe nation?
Reviewing Key Terms and People
For each term or name below, write a sentence explaining its significance.
1. Stamp Act
2. Boston Massacre
3. Battle of Lexington
4. Common Sense
5. Articles of Confederation
6. checks and balances
7. ratification
8. Bill of Rights
9. Judiciary Act of 1789
10. Louisiana Purchase
11. War of 1812
Comprehension and Critical Thinking
SECTION 1 (pp. 30-37)
~ 11.1.1, 11.1.2
12. a. Identify What objects required stamps under
the Stamp Act?
b. Sequence Create a brief time line of the events
leading up to the Battles of Lexington and
Concord.
c. Analyze How did the colonists eventually win
the Revolutionary War?
SECTION 2 (pp. 42-49)
~ 11.1.1, 11.1.2, 11.3.5
13. a. Identify What did the Federalists believe? What
did the Antifederalists believe?
b. Contrast How was the Constitution different
from the Articles of Confederation?
c. Evaluate Why was the Bill of Rights necessary
for ratification of the Constitution?
SECTION 3 (pp. 50-56) ~11.1.3
14. a. Describe What actions of Great Britain and
France pushed the United States into fighting the
War of1812?
b. Contrast What were the different opinions
about the Louisiana Purchase?
c. Evaluate What was ultimately accomplished by
the War of 1812?
Using the Internet
15. Revolutionary War battle sites
still exist across the eastern seaboard of the
United States. Using the keyword above, do
research on a Revolutionary War site that tourists can visit today. Then create a brochure that
teaches tourists the significance of your site and
encourages them to visit.
Critical Reading
~ 11.1.1;
r:m R2.4
Read the passage in Section 2 that begins with the
heading "The Articles of Confederation." Then answer
the questions that follow.
16. What was one notable accomplishment of the
Articles of Confederation?
A establishing a bicameral legislature
B establishing a pattern for settlement in western
lands
C raising money through taxes
D paying war debts
17. Which of the following was a weakness of the
Articles of Confederation?
A The executive branch was too strong.
B The judicial branch had too much power.
C Congress imposed high taxes.
D All states had to agree to amend the Articles.
7
11
, ,, ,,,. , ,. , ,,
3 u, ~
[3!i!W2.4
Think about the following issue:
Mter the U.S. Constitution replaced the Articles
of Confederation, the government of the United
States was very different.
18. Assignment How was the Constitution an
improvement upon the Articles of Confederation?
Write a short essay in which you develop your
position on this issue. Support your point of view
with reasoning and examples from your reading
and studies.
FORMING A NEW NATION
57
~·
California Standards
History-Social Sciences
11.1 Students analyze the significant events in the founding of
the nation and its attempts to realize the philosophy of government
described in the Declaration of Independence.
11.10 Students analyze the development of federal civil rights and
voting rights.
Tourists line up to view the Declaration of
Independence and the Constitution ofthe
United States in the rotunda ofthe National
Archives Building in Washington, D.C. Above
them hangs a mural depicting the Founders.
Interpreting Visuals How does this
photograph link the past with the present?
See Skills Handbook, p. H30
Preamble
The short and dignified preamble explains the goals of the new
government under the Constitution.
e the People of the United
States, in Order to form
a Inore perfect Union,
establish Justice, insure doinestic
Tranquility, provide for the coininon
defense, proinote 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.
Note: The parts of the Constitution that have been lined through are no longer in
force or no longer apply because of later amendments. The titles of the sections and
articles are added for easier reference.
Article I [ The Legislature ]
'
Legislative Branch
Article I explains how the
legislative branch, called
Congress, is organized.
The chief purpose ofthe
legislative branch is to make
laws. Congress is made up of
the Senate and the House of
Representatives.
Section 1 . ( Congress )
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. ,( The House of Representatives )
·nanaart!E' 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. Qualifications
The House of
Representatives
3. Number of Representatives
The number of members
each state has in the House
is based on the population of
the individual state. In 1929
Congress permanently fixed
the size of the House at 435
members.
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.
Representatives and direct Taxes shall be
apportioned among the several States which may be included within this
Union, according to their respective Numbers, vv hieh shall be deter mined by
adding tfi the vvhfile Nnmber fif free Persfins, including those bound to Ser
viee 1 fm a Term fifYears, and exelnding Indians nfit taxed, three fifths fif aH
2
other Persons. The actual Enumeration 3 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 nntil sueh
enunteratifin shall be made, the State fifNevv Hampshire shall be entitled tfi
ehfifise three, Massaehusetts eight, Rhfide Island and Pr fi videnee Plantatifins
fine, Cfinneetieut five, Nevv-Y~rk six, Nevv Jersey f6m, Pennsylvania eight, Del
aware fine, Maryland six, Virginia ten, Nmth Carfilina five, Sfinth Carfilina
five, and Cefirgia three.
4. Vacanc1es
When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election to fill
such Vacancies.
5. Officers and Impeachment
The House of Representatives shall choose
their Speaker and other Officers; and shall have the sole Power of impeachment.
~
1
those bound to Service
indentured servants
2
all other Persons slaves
3
Enumeration census or official
population count
Section 3 . .I The Senate
1. Number of Senators
The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislattu e thereof. for six
Years; and each Senator shall have one Vote.
2. Classifying Terms 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 Res
ignation, m other vv ise, dtu ing the Recess of the Legislattu e of any State, the
Executive thereof nray make tempm ar y Appointments until the next :Meeting
of the Legislature, whieh shall then fill s ueh Vacancies.
The Vice President
The only duty that the
Constitution assigns to
the vice president is to
preside over meetings of the
Senate. Modern presidents
have usually given their
vice presidents more
responsi bi Iities.
••um nm' ,.] ;FJ No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of the United States,
and who shall not, when elected, be an Inhabitant of that State for which he
shall be chosen.
4. Role of Vice-President
JJ•HH3§(j
The Senate shall choose their other Officers, and also a President
pro tempore, in the Absence of the Vice President, or when he shall exercise
the Office of President of the United States.
4
6. Impeachment Trials
If the
House of
Representatives charges a
government official with
wrongdoing, the Senate acts
as a court to decide if the
official is guilty. How does
the power of impeachment
represent part of the system
of checks and balances?
The Vice President of the United States shall be Presi-
.------------------dent of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall have the sole Power to try all
lmpeachments. 5 When sitting for that Purpose, they shall be on Oath or Affir-
mation. 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 ofthe Members present.
7. Punishment for Impeachment
-
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.
Vocabulary
4
pro tempore temporarily
5
Impeachments official
accusations of federal
wrongdoing
Position
Term
Residency
I Citizenship
President
4 years
14 years in the United States I natural-born
Vice President
4 years
35
14 years in the United States I natural-born
unlimited
none
none
none
6 years
30
state in which elected
9 years
Section 4 . .( Congressional Elections )
1 . Regulations 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 choosing Senators.
L:;~ vv
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11
Section 5 . .(Rules/Procedures )
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall constitute a
6
7
Quorum to do 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.
"RT'Of!T'"
2. Rules and Conduct 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.
ufi;J§g.U.[I
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. Adjournment
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. J Payment )
·wrrnr• 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. Restrictions 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 Emoluments8 whereof shall have been increased during such time; and no Person holding any
Office under the United States, shall be a Member of either House during his
Continuance 9 in Office.
6
Quorum the minimum
number of people needed to
conduct business
7
adjourn to stop indefinitely
8
Emoluments salary
9
Continuance term
Section 7. { How a Bill Becomes a Law )
The Framers
felt that
because members of the
House are elected every two
years, representatives would
listen to the public and seek
its approval before passing
taxes. How does Section 7
address the colonial
demand of "no taxation
without representation"?
The veto
power of
the president is one of
the important checks and
balances in the Constitution.
Why do you think the Framers
included the ability of
Congress to override a veto?
''"'t' All Bills
10
for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments as
on other Bills.
"7§" 5
2. Lawmaking
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 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. Role of the President 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.
A member of the
House or the Senate
introduces a bill and
refers it to a committee.
_ The House or the Senate
debates and votes on its
version of the bill.
The House or Senate
Committee may approve,
rewrite, or kill the bill.
1J House and Senate conference committee members
work out the differences
between the two versions.
Both houses of Congress
pass the revised bill.
Section 8.
( Powers Granted to Congress )
, .. nw 11 - The Congress shall have Power
To lay and collect Taxes, Duties,
11
lmposts
12
Native Americans and
the Commerce Clause
13
and Excises, to pay the Debts and provide for
the common Defense and general Welfare of
the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United
States;
To borrow Money on the credit of the
United States;
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3. Commerce
To regulate Commerce with
foreign Nations, and among the several States,
and with the Indian Tribes;
The commerce clause gives Congress the power to "regulate Commerce with . . . the Indian Tribes." The clause has been interpreted
to mean that the states cannot tax or interfere with businesses on
Indian reservations, but that the federal government can. It also
allows Native American nations to develop their own governments
and laws. These laws, however, can be challenged in federal court.
Although reservation land usually belongs to the government ofthe
Indian group, it is administered by the U.S. government.
Drawing Conclusions How would you describe the status of
native American nations under the commerce clause?
4. Naturalization and Bankruptcy
To establish an uniform Rule of Naturaliza'tion/ 4 and uniform Laws on the
subject of Bankruptcies throughout the United States;
-:w:r,.!!'?• To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Sta ndard ofWeights and Measures;
6. Counterfeiting
To provide for the Punishment of counterfeiting the
Securities 15 and current Coin of the United States;
7. Post Office To establish Post Offices and post Roads;
8. Patents and Copyrights
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the exclusive
Right to their r espective Writings and Discoveries;
f13,l!l Uj To constitute Tribunals inferior to the supreme Court;
•r••mNiib'i'•1ib 11 fWI
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
~ The president signs or
vetoes the bill.
Two-thirds majority
vote of Congress is needed
to approve a vetoed bill.
Bill becomes a law.
11
Duties tariffs
12
Imposts taxes
13
Excises internal taxes
on the manufacture, sale, or
consumption of a commodity
14
Rule of Naturalization
a law by which a foreign-born
person becomes a citizen
15
Securities bonds
Vocabulary
16
Lett.ers of Marque and
Reprisal documents issued
by governments allowing
merchant ships to arm
themselves and attack ships
of an enemy nation
To declare War, grant Letters of Marque and Reprisal,16 and make
Rules concerning Captures on Land and Water;
l• To raise and support Armies, but no Appropriation of Money to
that Use shall be for a longer Term than two Years;
= ,.Vt' 111
To provide and maintain a Navy;
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14. Regulation of the Military
___ To make Rules for the Government and
Regulation of the land and naval Forces;
· llJI*~Htfit!l To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
16. Regulation of the Militia To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed
in the Service of the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
1 7. District of Columbia
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the Seat
of the Government ofthe 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
_ _IIIE.,j_ _ _. . . ._ _ __ .
The Elastic Clause
The Framers ofthe
Constitution wanted a
national government that
was strong enough to be
effective. This section
lists the powers given to
Congress. The last portion
of Section 8 contains the
so-called elastic clause.
To make all Laws which shall be neces-
sary 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 thereo£
..... ,,,
,, ,
Section 9 . .( Powers Denied Congress )
1 . Slave Trade
The lVIigt atifin fit Impfii tatifin fif sueh Per Sfins as any fif the
States nfi vv existing shall think pr 6per tfi admit, shall nfit be pr 6hibited by the
C6ngt ess prim tfi the Y~a1 fine thfittsand eight hund1 ed and eight, but a Tax
m duty may be imp6sed fill sueh Impmtatifin, nfit exceeding ten d6lla1s for
13<51
l'\
Pil3ol li!
1'\
2. Habeas Corpus The Privilege of the Writ of Habeas Corpus 17 shall not be
suspended, unless when in Cases of Rebellion or Invasion the public Safety
may require it.
3. Illegal Punishment
passed.
No Bill of Attainder18 or ex post facto Law 19 shall be
4. Direct Taxes No Capitation,20 or other direct, Tax shall be laid, unless in
Proportion to the Census or enumeration herein before directed to be taken.
5. Export Taxes
State.
No Tax or Duty shall be laid on Articles exported from any
6. No Favorites 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. Public Money 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.
Although
Congress
has implied powers, there
are also limits to its powers.
Section 9 lists powers that
are denied to the federal
government. Several ofthe
clauses protect the people of
the United States from unjust
treatment. In what ways
does the Constitution limit
the powers of the federal
government?
8. Titles of Nobility 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. ,( Powers Denied the States)
1 . Restrictions No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;
make any Thing but gold and silver Coin a Tender in Payment of Debts; pass
any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of
Contracts, or grant any Title of N ability.
2. Import and Export Taxes No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing it's inspection Laws: and the net Produce
of all Duties and Imposts, laid by any State on Imports or Exports, shall be
for the Use of the Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
3. Peacetime and War Restraints No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or 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.
17
Writ of Habeas Corpus
a cd.urt order that requires the
government to bring a prisoner
to court and explain why he or
she is being held
18
Bill of Attainder a law
declaring that a person is guilty
of a particular crime
19
ex post facto Law a law
that is made effective prior to
the date that it was passed and
therefore punishes people for
acts that were not illegal at
the time
°
2
Capitation a direct uniform
tax imposed on each head, or
person
Executive Branch
The president is the chief of
the executive branch. It is
the job of the president to
enforce the laws. The Framers
wanted the president's and
vice president's terms of office
and manner of selection to
be different from those of
members of Congress. They
decided on four-year terms,
but they had a difficult time
agreeing on how to select the
president and vice president.
The Framers finally set up an
electoral system, which differs
greatly from our electoral
process today.
Presidential Elections
In 1845 Congress set the
Tuesday following the first
Monday in November of every
fourth year as the general
election date for selecting
presidential electors.
The Executive
Article II
Section 1. .( The Presidency
""'
J
1 . Terms of
_Office
_ _ 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. Electoral College
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
ofTrust or Profit under the United States, shall be appointed an Elector.
Wli.]ijlll§lflfiUtdt@lj@i!t.IQJ¥1MQftl
.WilliiliiMillliAiiiAiii~iilillli£111MiiiM~..-
The Eleebn s shall meet in their
1 espeeti ve States, and v t}te by Ballt}t fm t vv t} Per St}ns, t}f vv ht}m (}fie at least
shall nt}t be an Inhabitant t}fthe same State vvith themselves. And they shall
make a List t}f all the Perst}ns v(}ted fm, and t}f the Number t}f V6tes fur eaeh,
whieh List they shall sign and eer tify, and transmit sealed tt} the Seat t}f the
Gt} ver nment t}f the United States, dir eeted tt} the President t}f the Senate.
The President (}[the Senate shall, in the Presenee t}fthe Senate and Ht}use t}f
Tlil3o'f'l1 113>i1113>1"1t51ti u 113>01 a a'f'lil3>1"1 5111 t ." h,a f1113>1"'t.i-fia 51t.ll3>.i l 51 11M t .la,a
THE ELECTORAL COLLEGE
~~...:...:;..._::.::····:...:.:~::~::::
__ -
( 11 Number of Electors)
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The Pers6n having the greatest Number 6f 1lotes shall be the President, if
sueh Number be a ~iaj6riey 6f the wh6le Number 6f Eleet6rs app6inted, and
if there be m6re than 6ne wh6 have sueh Maj6rity, and have an equal Num
her 6f 1~~tes, then the II6use 6f Representatives shall immediately eh66Se by
Ball6t 6ne 6f them fm President, and if n6 Per s6n have a Maj m ity, then fr 6m
the five highest 6n the List the said II6 use shall in like Manner eh66Se the
President. But in eh66sing the President, the V6tes shall be taken by States,
the Representati6n H6m eaeh State having 6ne 1~~te, A qumum fm this pur
p6se shall e6nsist 6f a Member 61 Members fi 6m t w6 thirds 6f the States, and
a Maj6riey 6fall the States shall be necessary t6 a Ch6iee. In every Case, after
the Ch6iee 6f the President, the Pers6n having the greatest Number 6fVotes
6fthe Eleetms shall be the Viee President. But if there sh6uld remain tvv6 m
mme vvh6 have equal \~tes, the Senate shall eh66Se fr6m them by Ball6t the
V-ia f3o
P~
f3o0l-ia<lf3ot'lt
4. Election Day
The Congress may determine the Time of choosing the
Electors, and the Day on which they shall give their Votes; which Day shall be
the same throughout the United States.
5. Qualifications No Person except a natural born Citizen, 61 a Citizen 6f
the United States, at the time 6f the Ad6pti6n 6f this C6nstituti6n, 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.
The youngest
elected
president was John F.
Kennedy; he was 43 years old
when he was inaugurated.
(Theodore Roosevelt was
42 when he assumed office
after the assassination of
McKinley.) What is the
6. Succession
In Case of the Removal of the President from Office, or ofhis
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.
minimum required age for
the office of president?
1IAf1 FI#j The President shall, at stated Times, receive for his Services,
a Compensation, which shall neither be increased 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. Oath of Office
Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation:-"! 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."
~
Presidential Salary
In 1999 Congress voted to
set future presidents' salaries
at $400,000 per year. The
president also receives an
annual expense account.
The president must pay
taxes only on the salary.
Section 2 . .( Powers of Presidency)
Commander in Chief
Today the president is in
charge ofthe army, navy,
air force, marines, and
coast guard. Only Congress,
however, can decide if the
United States will declare war.
1. Military Powers
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 21 and Pardons 22 for Offences against the United
States, except in Cases of Impeachment.
Appointments
Most of the president's
appointments to office must
be approved by the Senate.
Vocabulary
21
Reprieves delays of
punishment
~
2. Treaties and Appointments 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.
22
Pardons releases from the
legal penalties associated with
a crime
The State of the Union
Every year the president
presents to Congress a State
of the Union message. In
this message, the president
introduces and explains
a legislative plan for the
coming year.
3. Vacancies
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. ,( Presidential Duties )
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. J Impeachment )
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 Ill
l The Judiciary ]
00.. - '~-
Section 1 .
..,,___ ;.__,.o
~-~--
--
-~------- -----~---- ---~-
--
~
-- -
-
•.
~~
JFederal Courts and Judges )
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 Behavior, and shall, at stated Times, receive for
their Services a Compensation, which shall not be diminished during their
Continuance in Office.
Section 2 ~ (Authority of the Courts )
1. General Authority
..
Tlie 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 Citizen~ 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 Citizen~ thereof and
~
1
a-ie'fl Qt~tali! P1t1 ... al"'li!
1
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tli!
2. Supreme Authority
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.
Supreme Court
Reviews cases appealed from lower
federal courts and highest state courts
Hold trials
~
Judicial Branch
The Articles of Confederation
did not set up a federal
court system. One of the
first points that the Framers
of the Constitution agreed
upon was to set up a national
judiciary. In the Judiciary Act
of 1789, Congress provided
for the establishment
of lower courts, such as
district courts, circuit courts
of appeals, and various
other federal courts. The
judicial system provides
a check on the legislative
branch: It can declare a law
unconstitutional.
3. Trial by Jury 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.
Treason
1. Definition
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. Punishment
Vocabulary
-
-~
23
Corruption of Blood
punishing the family of a
person convicted of treason
The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption of Blood ,23 or
Forfeit ure except during the Life of the Person attainted.
Article IV ~ Relations among States
"'
Section 1.
------~'----~~~---'''"----~':0"''""·---"-"~'"'="""--
~
~'""- --~'--"''-----"'"'''"'---'~~~"~'-- -0-~o-c,,
'
iState Acts and Records )
Full Faith and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. And the Congress may by general
Laws prescribe the Manner in which such Acts, Records and Proceedings shall
be proved, and the Effect thereof
Section 2. I Rights of Citizens )
1 . Citizenship
The Framers
wanted
to ensure that citizens
could determine how
state governments would
operate. How does the need
to respect the laws of each
state support the principle
of popular sovereignty?
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
2. Extradition 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.
::e
N6 Pers6n held t 8
.
Laws ~~ eoi; escaping inW afi{,;e~e• VICe "' Labom in one State, l:tlldet
Regnlatton thetein bed' I
' shall, m Consequence of
L
be deli
d
'
lSMat ged fz om such 8
.
allJI aw
~ 'e• e ap on Claim of the Patey to wl
e t "ce Ol Labmn, bttt shall
4:6m Stich Ser vice m Lab6 ur may
I
State
National
• Establish and maintain
schools
• Declare war
• Maintain armed forces
• Regulate interstate and
foreign trade
• Admit new states
• Establish post offices
• Set standard weights
and measures
• Maintain law
and order
• Establish local governments
• Levy taxes
• Regulate business within
the state
• Borrow money
• Make marriage laws
• Charter banks
• Provide for public safety
• Establish courts
• Assume other powers not
delegated to the national
government or prohibited
to the states
• Coin money
• Establish foreign policy
• Make all laws necessary
and proper for carrying out
delegated powers
ANALYZING INFORMATION
Why does the power to declare war belong only
to the national government?
Section 3. J New States )
1. Admission
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. Congressional Authority
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 4. ~ ( Guarantees to the States )
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.
The States
States must honor the laws,
records, and court decisions
of other states. A person
cannot escape a legal
obligation by moving from
one state to another.
1frY"'"1JHJff
In a republic,
1
41•'
J • voters elect
representatives to act in
their best interest. How
does Article IV protect the
practice of republicanism in
the United States?
America's
founders
may not have realized how
long the Constitution would
last, but they did set up
a system for changing or
adding to it. They did not
want to make it easy to
change the Constitution.
By what methods may the
Constitution be amended?
Under what sorts of circumstances do you think an
amendment might be
necessary?
National Supremacy
One of the biggest problems
facing the delegates to the
Constitutional Convention
was the question of what
would happen if a state
law and a federal law
conflicted. Which law would
be followed? Who would
decide? The second clause
of Article VI answers those
questions. When a federal
law and a state law disagree,
the federal law overrides the
state law. The Constitution
and other federal laws are the
"supreme Law ofthe Land."
This clause is often called the
supremacy clause.
Article V ~ [ Amending the Constitution ]
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be valid to all Intents
and Purposes, as Part of this Constitution, when ratified by the Legislatures
of three fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment vvhieh may be made prior to the Y~ar
One thousand eight hundred and eight shall in any Manner affeet the first
and f6mth Clauses in the Ninth Seetion of the firstAitiele, and that no State,
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h,e. Flt9o'f'l1 l ot9orl I 1f-itro: t9oi 1115tl
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I
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Article VI 1[ Supremacy of National Government]
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States under this
Constit ution, as under the Confederation.
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
Amendments can be proposed by
the Judges in every State shall
be bound thereby, any Thing in
Congress
National
Convention
the Constitution or Laws of any
State to the Contrary notwithor
standing.
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
Constit ution; but no religious
Test shall ever be required as
a Qualification to any Office or
public Trust under the United
States.
called by Congress
at the request of
two-thirds of the
state legislatures
with a two-thirds
vote in each house
Ratified by
Legislatures
of three-fourths
of the states
or
Conventions
in three-fourths
of the states
Article VII 1[ Ratification ]
~
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,
George WashingtonPresident and deputy from Virginia
Delaware
South Carolina
New York
George Read
Gunning Bedford Jr.
John Dickinson
Richard Bassett
Jacob Broom
John Rutledge
Charles Cotesworth
Pinckney
Charles Pinckney
Pierce Butler
Alexander Hamilton
Maryland
Georgia
William Livingston
David Brearley
William Paterson
Jonathan Dayton
James McHenry
Daniel of St. Thomas
Jenifer
Daniel Carroll
William Few
Abraham Baldwin
Pennsylvania
New Hampshire
Virginia
John Langdon
Nicholas Gilman
John Blair
James Madison Jr.
Massachusetts
North Carolina
Nathaniel Gorham
Rufus King
William Blount
Richard Dobbs Spaight
Hugh Williamson
Connecticut
William Samuel
Johnson
Roger Sherman
New Jersey
Benjamin Franklin
Thomas Mifflin
Robert Morris
George Clymer
Thomas FitzSimons
Jared Ingersoll
James Wilson
Gouverneur Morris
Attest:
William Jackson,
Secretary
'
Ratification
The Articles of Confederation
called for all 13 states to
approve any revision to the
Articles. The Constitution
required that 9 out of the
13 states would be needed
to ratify the Constitution.
The first state to ratify was
Delaware, on December 7,
1787. Almost two-and-ahalf years later, on May 29,
1790, Rhode Island became
the last state to ratify the
Constitution.
Bill of Rights
One of the conditions set by
several states for ratifying
the Constitution was the
inclusion of a bill of rights.
Many people feared that a
stronger central government
might take away basic rights
of the people that had
been guaranteed in state
constitutions.
Note: The first 10 amendments to the Constitution were ratified on
December 15, 1791, and form what is known as the Bill of Rights.
[~~~~o~f!'~ntsl-1_~· The B~~ll o!_ Ri!Jh~s]
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 Lhm
The First
Amendment
forbids Congress from
making any "law respecting
an establishment of
religion" or restraining the
freedom to practice religion
as one chooses. Why is
J&B
freedom of religion an
important right?
Rights of the Accused
The Fifth, Sixth, and Seventh
Amendments describe the
procedures that courts must
follow when trying people
accused of crimes.
Vocabul~ll
24
quartered housed
25
Warrants written orders
authorizing a person to make
an arrest, a seizure, or a search
26
27
infamous disgraceful
indictment the act of
charging with a crime
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 Ill
No Soldier shall, in time of peace be quartered 24 in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
bylaw.
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 Wa rrants 25 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.
AmendmentV
No person shall be held to answer for a capital, or otherwise infamous26 crime,
unless on a presentment or indictment27 of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service
in time ofWar or public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy oflife or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for
public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
28
ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence.
Trials
The Sixth Amendment makes
several guarantees, including
a prompt trial and a trial by
a jury chosen from the state
and district in which the
crime was committed.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people.
Amendment X
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.
The Ninth
and Tenth
Amendments were added
because not every right
of the people or of the
states could be listed in
the Constitution. How
do the Ninth and Tenth
Amendments limit the power
of the federal government?
The Constitution has been amended only 27 times since it
was ratified more than 200 years ago. Amendments help
the structure of the government change along with the
values of the nation's people. Read the time line below to
learn how each amendment changed the government.
1870
Amendment 15
Prohibits national and state
governments from denying
the vote based on race
1791
1865
1
Bill of Rights
~mendment
Amendments 1-10
13
Bans slavery
' Amendment 11
Amendment 12
Amendment 14
Protects the states
from lawsuits filed
by citizens of other
states or countries
Requires separate
ballots for the
offices of president
and vice president
Defines citizenship
and citizens' rights
[ Amendments 11-27]
-
'
.•
~
-
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--
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._..
~
Amendment XI
Passed by Congress March 4, J 794. Ratified February 7, J 795.
The Judicial power of the United States shall not be construed 29 to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State.
President and
Vice President
The Twelfth Amendment
changed the election
procedure for president and
vice president.
~ Amendment
XII
Passed by Congress December 9, J 803. Ratified June J 5, J 804.
The Electors shall meet in their respective states and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the
person voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists 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
1961
Amendment 23
Gives citizens of Washington, D.C., the
right to vote in presidential elections
1920
1919
1964
Amendment 19
Extends the right
to vote to women
Amendment 18
Bans production,
sale, and distribution of alcoholic
beverages
Amendment 24
Bans poll taxes
1971
1933
Amendment 21
Repeals Amendment 18
,,~T' ,,,_.f liP-1ef .".~~.,.,~~,.
lJ A,.l ,y,
i J . ,, ,, .. ... l
1
Amendment 26
Sets minimum voting age for federal
and state elections at 18 years old
'i:f lii•$ . . , -. , . ' ···- ,_, -p., , 1992
1913
1933
1951
Amendment 16
Allows Congress
to tax incomes
Amendment 20
Changes the date
for starting a new
congressional term
and inaugurating a
new president
Amendment 22
limits terms a
president can
serve to two
Amendment 17
Establishes the
direct election of
U.S. senators
Amendment 25
Establishes procedures for
presidential succession
Amendment 27
limits the ability
of Congress to
increase its pay
READING TIME LINES
1. How are the Eighteenth and Twenty-first Amendments related?
2. Which amendments pertain to the right to vote?
Senate and House of Representatives, open all the certificates and the votes
shall then be counted;-The person having the greatest number of votes for
President, shall be the President, if such number be a majority of the whole
number of Electors appointed; and if no person have such majority, then from
the persons having the highest numbers not exceeding three on the list of
those voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the votes
shall be taken by states, the representation from each state having one vote; a
quorum for this purpose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be necessary to a choice.
And if the Heuse ef Representatives shall net eheese a President vv hene ver
the right ef eheiee shall develve upen them, befme the fumth day ef Mareh
next felle wing, then the Viee-Pr esident shall aet as President, as in ease ef the
death er ether eenstitutienal disability ef the President. The person having
the greatest number of votes as Vice-President, shall be the Vice-President,
if such number be a majority of the whole number of Electors appointed, and
if no person have a majority, then from the two highest numbers on the list,
the Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a majority of the
whole number shall be necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to that of Vice-President of
the United States.
Abolishing Slavery
Although some slaves
had been freed during the
Civil War, slavery was not
abolished until the Thirteenth
Amendment took effect.
Amendment XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Neither slavery nor involuntary servitude, 30 except
as a punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their jurisdiction.
1 . Slavery Banned
2. Enforcement
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XIV
Protecting the
Rights of Citizens
In 1833 the Supreme
Court ruled that the Bill of
Rights limited the federal
government but not the
state governments. This
ruling was interpreted to
mean that states were able
to keep African Americans
from becoming state citizens
and keep the Bill of Rights
from protecting them. The
Fourteenth Amendment
defines citizenship and
prevents states from
interfering in the rights of
citizens of the United States.
Passed by Congress June 13, 1866. Ratified July 9, 1868.
All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. Voting Rights Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number of
persons in each State, excluding Indians n6t taxed. But when the right to vote
at any election for the choice of electors for President and Vice-President of
the United States, Representatives in Congress, the Executive and Judicial
officers of a State, or the members of the Legislature thereof, is denied to
any of the male inhabitants of such State, being tvv enty -6ne yeats 6f age, and
citizens of the United States, or in any way abridged, except for participation
in rebellion, or other crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens shall bear to the
whole number of male citizens tweney-6ne yeats 6fage in such State.
No person shall be a Senator or
Representative in Congress, or elector of President and Vice-President, or
hold any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature, or as
an executive or judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof But Congress may by a
vote of two-thirds of each House, remove such disability.
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay
4. Payment of Debts
The Thirteenth, Fourteenth, and
Fifteenth Amendments are often called
the Reconstruction Amendments. This
is because they arose during Reconstruction, the period of American
history following the Civil War. A key
aspect of rebuilding the Union was
extending the rights of citizenship to
former slaves.
The Thirteenth Amendment banned
slavery. The Fourteenth Amendment
required states to respect the freedoms listed in the Bill of Rights, thus
preventing states from denying rights
to African Americans. The Fifteenth
Amendment gave African American
men the right to vote.
African Americans vote in an
election during Reconstruction.
ANALYZING INFORMATION
Why were the Reconstruction Amendments needed?
any debt or obligation incurred in aid of insurrection or rebellion against the
United States, or any claim fm the loss 01 emaneipation of any slave; but all
such debts, obligations and claims shall be held illegal and void.
5. Enforcement
-
The Congress shall have the power to enforce, by appropriate
legislation, the provisions of this article.
Amendment XV
Passed by Congress February 26, J869. Ratified February 3, J870.
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of race,
color, or previous condition of servitude.
2. Enforcement
The Congress shall have the power to enforce this article
by appropriate legislation.
Amendment XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.
The
Seventeenth
Amendment requires that
senators be elected directly
by the people instead of by
the state legislatures. What
principle of our government
does the Seventeenth
Amendment protect?
Amendment XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.
18j§!6 tors Elected by Citizens
The Senate of the United States shall be
composed of two Senators from each State, elected by the people thereof, for six
years; and each Senator shall have one vote. The electors in each State shall
have the qualifications requisite for electors of the most numerous branch of
the State legislatures.
2. Vacancies
-
When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct .
.............iiiWiilliillilliMi., This amendment shall not be so eonstr ued as to atfeet
the eleetion or term of aft)l Senatm ehosen befm e it beeomes valid as part of
H"a
Prohibition
Although many people
believed that the Eighteenth
Amendment was good for
the health and welfare of
the American people, it was
repealed 14 years later.
n
'~"~"'tltnt~
1
Amendment XVIII
Passed by Congress December 18, 191 7. Ratified January 16, 1919. Repealed
by Amendment XXI.
llii.JIIIiiiiiiii....IIIMIIIIIIIIIIII., Mter one :year fi om the r atifieation of this ar tide the
manufaeture, sale, m transportation of intoxieating liquors vvithin, the
importation thereof into, m the exportation thereof fi om the United States
and all territory subjeet to the jurisdietion thereof fen beverage purposes is
l<!,,..l
,..}nr
191
"19-il=rit,...fl
2. Enforcement
./
To become part of the Constitution, a proposed amendment must
be ratified by three-fourths of the states. Here, suffragists witness
Kentucky governor Edwin P. Morrow signing the Nineteenth Amendment in January 1920. By June of that year, enough states had ratified
the amendment to make it part of the Constitution. American women,
after generations of struggle, had finally won the right to vote.
ANALYZING INFORMATION
\~ " ·-~ ~'···~·... c~,,~,,.,., 1 What right did the Nineteenth Amendment grant?
Amendment XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.
1. Voting Rights The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on account of sex.
2. Enforcement
-
Congress shall have power to enforce this article by appropriate
legislation.
Amendment XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.
1. Presidential Terms The terms of the President and the Vice President
shall end at noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3d day of January, of the years in which such
terms would have ended if this article had not been ratified; and the terms of
their successors shall then begin.
~
--
Women's Suffrage
Abigail Adams and others
were disappointed that the
Declaration of Independence
and the Constitution did not
specifically include women.
It took many years and much
campaigning before national
suffrage for women finally
was achieved.
Taking Office
In the original Constitution, a
newly elected president and
Congress did not take office
until March 4, which was four
months after the November
election. The officials who
were leaving office were
called lame ducks because
they had little influence
during those four months.
The Twentieth Amendment
changed the date that the
new president and Congress
take office. Members of
Congress now take office
during the first week of
January, and the president
takes office on January 20.
2. Meeting of Congress The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of January, unless
they shall by law appoint a different day.
3. Succession of Vice President
If, at the time fixed for the beginning of the
term of the President, the President elect shall have died, the Vice President
elect shall become President. If a President shall not have been chosen before
the time fixed for the beginning of his term, or if the President elect shall have
failed to qualifY, then the Vice President elect shall act as President until
a President shall have qualified; and the Congress may by law provide for
the case wherein neither a President elect nor a Vice President shall have
qualified, declaring who shall then act as President, or the manner in which
one who is to act shall be selected, and such person shall act accordingly until
a President or Vice President shall have qualified.
4. Succession by Vote of Congress The Congress may by law provide
for the case of the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of choice shall
have devolved upon them, and for the case of the death of any of the persons
from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
aw:ttHiMil.l.M
_......iilllill,...6i~Aifltll
Seeti6ns 1 and 2 shall take eft'eet 6n the 15th day 6f Oet6ber
f6ll6 wing the I ati:fieati6n 6f this ai tide.
IJ;ftiH@iU.]!i This artiele shall be in6peiative unless it shall have been
u
I
ati:fied as an amendment t6 the C6nstituti6n by the legislatui es 6fthi ee-fu tii ths
•
aft~l3o .'-!#3ou#3o1 ~1 ~t~tl3o'-! uuit~ifl .'-!#3ou#3o'J'I u#3o~1 .'-!
f1 • a'J'I'l
t~l3o f1~t.l3o • afit'-! '-!H~1'lil .'-!.O:li 11'l
Amendment XXI
Passed by Congress February 20, 1933. Ratified December 5, 1933.
111:1! f!i 11 1§! [.I! .I§ III d§ .1¥ I@ I
The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
2. Liquor Allowed by Law
The transportation or importation into any
State, Territory, or Possession of the United States for delivery or use therein
of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3. Ratification
-
This artiele shall be in6pei ati ve unless it shall have been
I ati:fied as an amendment t6 the C6nstitttti6n by e6n venti6ns in the se vei al
States, as pi6vided in the C6nstituti6n, within seven years f16m the date 6f
t~l" .~nlom ri.~.~;.,,.
hl"'ll"llf t .. fhl" Rt:;tt.l"~ h v t.h l" f111fHrll"~~
Amendment XXII
From the time
of President
George Washington's
administration, it was a
custom for presidents to
serve no more than two
terms in office. Franklin D.
Roosevelt, however, was
elected to four terms. The
Twenty-second Amendment
restricted presidents to no
more than two terms in
office. Why do you think
Passed by Congress March 21, 1947. Ratified February 2 7, 1951.
1. Term Limits
No person shall be elected to the office of the President more
than twice, and no person who has held the office of President, or acted as
President, for more than two years of a term to which some other person was
elected President shall be elected to the office of President more than once.
But this AI tide shall n6t apply t6 any pet s6n h6lding the 6ffiee 6f Pt esident
when thisAitiele was pt6p6sed by C6ngtess, and shall n6t pte vent any pets6n
wh6 may be h6lding the 6f:fi:ee 6fPtesident, m aeting as Ptesident, dming the
tet m vv ithin vv hieh this Article bee6nres 6pet ati ve fr6m h6lding the 6ffiee 6f
Ptesident m aeting as Ptesident dming the temaindet 6fsueh tetm.
citizens chose to limit the
power of the president in
this way?
P!l ;fUHtifil i"]; I
This attiele shall be in6pet ati ve unless it shall have been
I atified as an amendment t6 the C6nstituti6n by the legislatut es 6f tln eefuurths 6fthe sevetal States vvithin seven yeats fi6m the date 6fits submissi6n
t tl a Qt~tali! 1=,,, t"l=,a n 1'\B"' tali!li!
After Franklin D.
Roosevelt was elected
to four consecutive
terms, limits were
placed on the number
of terms a president
could serve.
Amendment XXIII
Passed by Congress June 16, 1960. Ratified March 29, 1961.
Voting Rights
''•1MAC«crnmma§.lt¥1§1'ffi' The District constituting the seat of
Until the ratification of the
Twenty-third Amendment,
the people of Washington,
D.C., could not vote in
presidential elections.
Government of the United States shall appoint in such manner as Congress
may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would
be entitled if it were a State, but in no event more than the least populous
State; they shall be in addition to those appointed by the States, but they shall
be considered, for the purposes of the election of President and Vice President,
t o be electors appointed by a State; and they shall meet in the District and
perform such duties as provided by the twelfth article of amendment.
I
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
~
Poll taxes were used to deny
impoverished Americans, including many African Americans and Hispanic Americans,
the right to vote. Poll taxes
were outlawed by the Twentyfourth Amendment.
The American GI Forum
S
ftllj BUY
aYs: \lffBJ YOUR
POLL TAX
How did poll taxes deny poor Americans the
opportunity to vote?
Amendment XXIV
Presidential Disability
The illness of President
Eisenhower in the 1950s
and the assassination of
President Kennedy in 1963
were the events behind the
Twenty-fifth Amendment. The
Constitution did not provide
a clear-cut method for a vice
president to take over for a
disabled president or upon
the death of a president. This
amendment provides for
filling the office of the vice
president if a vacancy occurs,
and it provides a way for the
vice president-or someone
else in the line of successionto take over if the president is
unable to perform the duties
of that office.
Passed by Congress August 27, 1962. Ratified January 23, 1964.
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors for
President or Vice President, or for Senator or Representative in Congress,
shall not be denied or abridged by the United States or any State by reason of
failure to pay poll tax or other tax.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.
1 . Succession
President.
2. Vacancy of Vice President
Whenever there is a vacancy in the office of
the Vice President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of Congress.
3. Written Declaration
Whenever the President transmits to the President
pro tempore of the Senate and the Speaker of the House of Representatives
his written declaration that he is unable to discharge the powers and duties of
his office, and until he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice President as Acting
President.
4. Removing the President
Whenever the Vice President and a majority
of either the principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President pro tempore
of the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of
his office, the Vice President shall immediately assume the powers and duties
of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the
Senate and the Speaker of the House ofRepresentatives his written declaration
that no inability exists, he shall resume the powers and duties of his office
unless the Vice President and a majority of either the principal officers of the
executive department or of such other body as Congress may by law provide,
transmit within four days to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty-eight hours for
that purpose if not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to assemble, determines by
two-thirds vote of both Houses that the President is unable to discharge the
powers and duties of his office, the Vice President shall continue to discharge
the same as Acting President; otherwise, the President shall resume the
powers and duties ofhis office.
Amendment XXVI
Passed by Congress March 23, 1971. Ratified July 1, 1971.
1. Voting Rights The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by the United
States or by any State on account of age.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXVII
Originally proposed September 25, 1789. Ratified May 7, 1992.
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of representatives shall
have intervened.
Expanded Suffrage
,
The Voting Rights Act of
1970 tried to lower the voting
age from 21 to 18. However,
the Supreme Court ruled that
the act applied to national
elections only, not to state or
local elections. The Twentysixth Amendment set the
minimum voting age for all
elections at 18.
Visual Summary: The Constitution of the United States
Article I
Article II
Article Ill
The legislative branch
The executive branch
The judicial branch
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I
Article IV
Article V
Relations among
the states
Process for amending
the Constitution
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1
Article VI
Article VII
Supremacy of the
Process for ratifying
the Constitution
Reviewing Key Terms and People
Comprehension and Critical Thinking
For each term or name below, write a sentence explaining its significance to the US. Constitution.
1. pro tempore
2.quorum
3. bills
4. elastic clause
S.vnitofhabeascorpus
6. ex post facto law
7. executive branch
8. State of the Union
9. federalism
10. national supremacy
11. Bill of Rights
ARTICLE I (pp. 61-67)
88
THE CONSTITUTION OF THE UNITED STATES
12. a. Recall What is the focus of Article I?
b. Make Inferences Why do you think Congress
fixed the size of the House of Representatives at
435 members in 1929?
c. Elaborate Describe how a bill becomes a law,
explaining how the process is an example of
checks and balances in the Constitution.
ARTICLE II (pp. 68-70)
13. a. Identify Which branch of government is the
focus of Article II of the U.S. Constitution?
b. Compare What are the main powers of the
president, and how do they compare to the main
powers of the legislature?
c. Evaluate Do you think the electoral college is
the best way to elect the president? Explain.
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ARTICLE Ill (pp. 71-72)
14. a. Describe Which branch of government is the
focus of Article III ofthe U.S. Constitution?
b. Analyze How are cases appealed to the
Supreme Court in the federal judicial system?
c. Elaborate How does the judicial system provide
a check on the legislature?
ARTICLE IV
(pp. 72-73)
15. a. Describe What is the focus of Article IV of the
U.S. Constitution?
b. Analyze Why must states honor the laws of
other states?
c. Evaluate How well does the system of
federalism balance the powers of states and the
national government?
ARTICLE V
(p. 74)
16. a. Identify What does Article V of the U.S.
Constitution discuss?
b. Explain What is the process for amending the
U.S. Constitution?
ARTICLE VI
(p. 74)
17. a. Describe What happens if a state law and a
federal law conflict with each other?
b. Analyze Why do you think the idea of national
supremacy was included in the Constitution?
ARTICLE VII (p. 75)
18. a. Recall How many states are needed to ratify
the Constitution?
b. Compare Why was the number of states needed
to ratify the Constitution different from the
number of states needed to revise the Articles of
Confederation?
Analyzing
Primary Sources
Reading Like a
Historian This poll
tax receipt was issued
in 1939 to a voter in
Texas. Poll taxes were
later outlawed by the Twenty-fourth Amendment.
20. Recall What was a poll tax?
Explain Why were poll taxes outlawed by the
Twenty-fourth Amendment?
Critical Reading
Review the timeline in this section titled "Amendments
to the US. Constitution." Consider the 27 amendments
on the time line and then answer the questions that
follow.
21. The purpose of Amendment 15 was
A to prohibit national and state governments from
denying the vote based on race.
B to extend voting rights to women.
C to repeal Amendment 14.
D to ban production, sale, and distribution of
alcoholic beverages.
22. What do the amendments have in common?
A Each amendment gave a different group of
people the right to vote.
B Each amendment helped the structure of
government change along with the values of the
nation's people.
C Each amendment helped the Constitution
remain unchanged for 200 years.
D Each amendment was eventually repealed.
Using the Internet
19. Each of the 50 states sends
representatives to the Senate and the House of
Representatives. Using the keyword above, locate
congressmembers representing your state or your
congressional district. Then conduct research to
find out if they have sponsored a bill, how they
voted on recent legislation, issues that interest
them, or their viewpoints on pending legislation.
Create a chart to display your research.
Expository Writing Expository writing gives information, explains why or how, or defines a process. To practice expository writing, complete the assignment below.
Writing Topic The preamble to the Constitution
23. What does the preamble state? What does it tell
you about the Framers' intentions? Write a brief
paragraph that answers these questions. Include
quotations from the text of the preamble.
THE CONSTITUTION OF THE UNITED STATES
89