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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? ________________________________________________________________________ 5- What ratio of state legislatures must approve the proposed amendment? ________________________________________________________________________ 6- Define elastic. ________________________________________________________________________ 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? ________________________________________________________________________ 10- Why must the Constitution sometimes change? ________________________________________________________________________ 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? ____________________________________