Download Elastic and Unwritten and Differing Points of View Revised 14

US History/Napp
Elastic and Unwritten and Differing Points of View
Name: _______________________
Do Now:
“Scholars have called the U.S. Constitution a living document because it is flexible enough
to change with the times. Our constitutional system may be changed in two ways: (1) by
formal amendment and (2) by informal adjustments and decision making.
Article V of the Constitution describes the formal procedures for proposing and ratifying
amendments. Although several procedures may be used, the most common of them
involves two steps:
Step One: Congress proposes an amendment by a two-thirds vote of each house.
Step Two: The proposed amendment is considered by the legislatures of the states. If
approved or ratified by at least three-fourths of the states, the amendment is added to the
Constitution.
The Constitution is a flexible, living document not only because it can be changed by
formal amendment but also because it allows informal methods of change. Congress would
be unable to cope with changing times if it were not for the elastic clause (or ‘necessary and
proper’ clause) in Article I of the Constitution. Thanks to this clause, Congress is
empowered to legislate on a vast number of subjects that were unknown when the
Constitution was written.” ~ U.S. History and Government
Questions:
1- Why do scholars call the U.S. Constitution a living document?
________________________________________________________________________
2- What are two ways that the U.S. Constitution can be changed?
________________________________________________________________________
3- What branch of government proposes an amendment?
________________________________________________________________________
4- What vote in Congress is required to continue the amendment process?
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5- What ratio of state legislatures must approve the proposed amendment?
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6- Define elastic.
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7- What is another name for the elastic clause?
________________________________________________________________________
8- What does the elastic clause allow Congress to do?
________________________________________________________________________
9- Why is it significant that the Constitution has a process for change?
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10- Why must the Constitution sometimes change?
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11- Can you identify an amendment of the U.S. Constitution? ______________________
Analyze the following diagram: Adapted from regentsprep.org
The Unwritten Constitution
The “Unwritten Constitution” refers to the ideas and processes that are accepted as
a needed part of American government, regardless of the fact that they are not
actually in the Constitution. These ideas and processes came about through the
custom and precedent.
Political Parties:
Congressional Committees:
Political parties are as
old as the Constitution
itself; however the
document makes no rules
to govern them.
Congressional committees
have been referred to as the
“backbone of Congress”.
The first political parties
arose from the debates
over Constitutional
ratification (the
Federalists Party lead by
Alexander Hamilton and
the DemocraticRepublicans headed by
Thomas Jefferson).
It quickly became clear
that political parties
were to be the major
forces in shaping
American politics and by
necessity rules and laws
were established for their
regulation, with no basis
in the Constitution.
However, the system by
which the majority of the
work in Congress is
accomplished is not defined
in the Constitution.
The work of Congress soon
became so vast, that it
became essential to the
governing of the nation, to
divide the work of
legislating into specialized
committees.
These committees in both
the House and the Senate
serve to first consider
specific legislation on topics
such as the military (armed
services committee), foreign
policy (foreign relations
committee) or spending
(appropriations committee)
before passing bills onto the
entire House or Senate for
consideration.
1- Which presidential action is an example
of the use of the unwritten constitution?
(1) signing a law passed by Congress
(2) calling a meeting of the cabinet
(3) ordering the navy to patrol the Persian
Gulf
(4) nominating a federal court judge
2- The major benefit of having the elastic
clause in the United States Constitution is
that it
(1) allows the government to respond to
changing conditions
(2) protects the rights of racial minorities
(3) prevents one branch of government from
becoming too powerful
(4) establishes a postal service
3- Which presidential action is an example
of the use of the unwritten constitution?
(1) holding a cabinet meeting at the White
House
(2) submitting a treaty to the Senate for
ratification
(3) nominating an ambassador to France
(4) vetoing a bill passed by Congress
4- The establishment of the president’s
cabinet as part of the United States
government was the result of a
(1) law passed by Congress
(2) constitutional amendment
(3) precedent started by George Washington
(4) ruling of the United States Supreme
Court
5- The amendment process was included in
the Constitution to
(1) allow for change over time
(2) expand powers of the president
(3) increase citizen participation in
government
(4) limit the authority of the United States
Supreme Court
6- The elastic clause of the United States
Constitution gives Congress the power to
(1) “Make rules for the government and
regulation of the land and naval forces…”
(2) “Regulate commerce with foreign
nations, and among the several states, and
with the Indian tribes…”
(3) “Lay and collect taxes, duties, imports
and excises…”
(4) “Make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers…”
7- A major purpose of the president’s
cabinet is to
(1) offer advice on important issues
(2) nominate ambassadors
(3) conduct impeachment trials
(4) regulate the amount of money in
circulation
8- Which heading best completes the partial
outline below?
I. __________________________
A. National nominating conventions
B. Political parties
C. Congressional committees
(1) Articles of Confederation
(2) Constitutional Compromises
(3) Jeffersonian Democracy
(4) Unwritten Constitution
9- The creation of the presidential cabinet
and political parties are examples of
(1) the unwritten constitution
(2) separation of powers
(3) the elastic clause
(4) judicial review
10- Extending the right to vote in national
elections to formerly enslaved African
Americans, women, and all citizens at least
eighteen years old was accomplished
through
(1) constitutional amendments
(2) congressional laws
(3) presidential executive orders
(4) Supreme Court decisions
14- Which action is considered part of the
unwritten constitution?
(1) ratification of a treaty by the Senate
(2) formation of the first two political
parties
(3) creation of a system of federal courts
including the Supreme Court
(4) presidential veto of a bill passed by
Congress
11- Which action is an example of the
unwritten constitution?
(1) Formation of the first cabinet by
President George Washington
(2) Admission of Vermont and Kentucky as
states
(3) Enforcement of the Alien and Sedition
Acts by President John Adams
(4) Declaration of war by Congress in 1812
15- To provide for change, the authors of
the United States Constitution included the
amendment process and the
(1) commerce clause
(2) elastic clause
(3) supremacy clause
(4) naturalization clause
12- Which idea did the Founding Fathers
include in the Constitution that allows
Congress to meet the needs of a changing
society?
(1) federalism
(2) separation of powers
(3) the elastic clause
(4) States rights
13- Which heading best completes the
partial outline below?
I. _______________________________
A. Political parties
B. Committee system in Congress
C. Judicial review
D. President’s cabinet
(1) Unwritten Constitution
(2) Constitutional Amendments
(3) Electoral Process
(4) Checks and Balances
16- Which role of the president is considered
part of the unwritten constitution?
(1) nominating federal judges
(2) signing or vetoing legislation
(3) acting as the leader of his political party
(4) serving as commander in chief of the
armed forces
17- The development of political parties and
of the committee system used in Congress
illustrates the application of
(1) constitutional amendments
(2) federal legislation
(3) the unwritten constitution
(4) Supreme Court decisions
18- The necessary and proper clause, the
amendment process, and the unwritten
constitution are evidence that our
constitutional system of
government provides for
(1) popular sovereignty
(2) equal representation
(3) flexibility
(4) ratification
Two Views on the Constitution:
Strict Constructionist
Held that the Constitution should be read
literally and that the elastic clause should be
used only for expanding the powers of
Congress in cases where the expansion is
absolutely necessary.
Loose Constructionist
Held that the Constitution, and specifically
the elastic clause, should be read broadly
and that the framers had intended the
clause to mean that Congress should have
the ‘proper’ powers resulting from its other
powers.
Questions:
1- What did Strict Constructionists believe regarding the Constitution and the elastic
clause?
________________________________________________________________________
2- What did Loose Constructionists believe regarding the Constitution and the elastic
clause?
________________________________________________________________________
3- Analyze the following political cartoon:
a) The Second Amendment states: 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.
b) Explain the meaning of the political cartoon.
________________________________________________________________________
________________________________________________________________________
Strengths and Weaknesses of Our Constitutional System:
“How can we explain the remarkable fact that a constitution created more than 200 years
ago is still the basis for one of the most successful and stable governments in the world?
Some reasons are as follows:
*The Constitution is a brief and flexible set of guidelines, allowing the government to adapt
to change. Thus, each generation has been able to interpret the Constitution in terms of
changing needs and conditions. At the same time, the traditional values and principles of
the Constitution are still respected.
*The Preamble emphasizes that the Constitution is a document of the people, not of the
states.
*The principles of separation of powers and checks and balances have helped to block the
possibility of one of the three branches wielding absolute power.
*The Bill of Rights has served to protect individual liberties.
*Amendments to the Constitution have extended voting rights to all groups in the adult
population.
Although the original Constitution had many strengths, it has been criticized for its
omissions with regard to equality. These criticisms include the following:
*The Constitution failed to guarantee that women receive equal treatment, including the
right to vote. Other rights denied to women were the right to hold property in their own
name, and the right of women to be the legal guardians of their own children.
*Although African Americans had fought in the Revolutionary War, the Constitution
failed to abolish slavery.
*The Constitution failed to guarantee the right to vote to all white males, many of whom
were denied that right by states that maintained property qualifications for voting.”
~ U.S. History and Government
Questions:
1- Why has the Constitution survived as the basis of government for over 200 years?
________________________________________________________________________
2- What does the Preamble emphasize?
________________________________________________________________________
3- What prevents one of the three branches of government from wielding absolute
power? _________________________________________________________________
4- What does the Bill of Rights protect?
________________________________________________________________________
5- What did the original Constitution omit? ____________________________________