American Government and Politics Today, 2013-2014 Edition, 16th Edition Steffen W. Schmidt | Mack C. Shelley, II. | Barbara A. Bardes | Lynne E. Ford solutions manual and test bank

American Government and Politics Today, 2013-2014 Edition, 16th Edition Steffen W. Schmidt | Mack C. Shelley, II. | Barbara A. Bardes | Lynne E. Ford solutions manual and test bank

CHAPTER 2

The Constitution

LEARNING OUTCOMES

After reading this chapter, students will be able to:

1. Explain the theoretical and historical factors that influenced the writers of the U.S. Constitution.

2. Describe the structure of the Articles of Confederation, and explain why the confederation failed.

3. Identify and explain the compromises made by the delegates to come to agreement on the U.S. Constitution.

4. Explain the rationale for, and give examples of the separation of powers and the checks and balances in the U.S. Constitution.

5. Demonstrate understanding of the formal and informal processes for amending the U.S. Constitution.

OVERVIEW

The first permanent English colonies were established at Jamestown in 1607 and Plymouth in 1620. The Mayflower Compact created the first formal government for the British colonists. By the mid-1700s, other British colonies had been established along the Atlantic seaboard from Georgia to Maine.

In 1763, the British tried to impose a series of taxes and legislative acts on their increasingly independent-minded colonies. The colonists responded with boycotts of British products and protests. Representatives of the colonies formed the First Continental Congress in 1774. The delegates sent a petition to the British king expressing their grievances. The Second Continental Congress established an army in 1775 to defend the colonists against attacks by British soldiers.

On July 4, 1776, the Second Continental Congress approved the Declaration of Independence. Perhaps the most revolutionary aspects of the Declaration were its assumptions that people have natural rights to life, liberty, and the pursuit of happiness; that governments derive their power from the consent of the governed; and that people have a right to overthrow oppressive governments.

Based on their understanding of natural rights and the social contract and their experience with an oppressive British regime, all of the colonies adopted written constitutions during the Revolutionary War. Most of these gave great power to their legislatures and restrained the power of the executive

At the end of the Revolutionary War, the states had signed the Articles of Confederation, creating a weak central government with few powers. In this government, each state had one vote and there was no executive. The Congress had no power to raise revenue and virtually no way to amend the Articles. The Articles proved to be unworkable because the national government had no way to ensure compliance by the states with such measures as securing tax revenues.

General dissatisfaction with the Articles of Confederation prompted the call for a convention at Philadelphia in 1787. Although the delegates ostensibly convened to amend the Articles, the discussions soon focused on creating a constitution for a new form of government. The Virginia plan and the New Jersey plan did not garner widespread support. The Great Compromise offered by Connecticut helped to break the large-state/small-state disputes dividing the delegates. The three-fifths compromise, which counted slaves as 3/5 of a person for purposes of representation, was adopted to keep the Southern states from leaving the Union. The final version of the Constitution provided for the separation of powers, checks and balances, and a federal form of government. The principles of separation of powers and the checks and balances were intended to prevent any one branch of the government from becoming too powerful.

Fears of a strong central government prompted the addition of the Bill of Rights to the Constitution. The Bill of Rights secured for Americans a wide variety of freedoms, including the freedoms of religion, speech, and assembly. The Bill of Rights initially applied only to the federal government, but amendments to the Constitution following the Civil War made it clear that the Bill of Rights would apply to the states as well. An amendment to the Constitution may be proposed either by a two-thirds vote in each house of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. Ratification can occur either by a positive vote in three-fourths of the legislatures of the various states or by special conventions called in the states for the specific purpose of ratifying the proposed amendment and a positive vote in three-fourths of these state conventions. The process for amending the Constitution was made very difficult to ensure that most of the states and the majority of both houses agree to the proposed change. Informal methods of constitutional change include congressional legislation, presidential actions, judicial review, and changing interpretations of the Constitution.

CHAPTER OUTLINE

Chapter 2 is designed to introduce a series of concepts that are essential to understanding the American Constitution. The authors also make a point to provide a brief tutorial on how to read figures and tables and emphasize the importance of visuals such as those found throughout this book to their understanding of the course content. This should help overcome some students’ tendency to skip over visuals thinking that they are unimportant, rather than carefully selected and prepared, as they are in this, and most, texts. The authors make the points that students should study visuals carefully and note that often they will be tested on this information. Like many figures, tables, and photographs, these visuals present descriptive data. Descriptive information provides an answer to what or who questions but does not typically answer why or how questions. Analysis (why or how) is a form of critical thinking.

I. The Colonial Background

Conditions in the early English settlements were unimaginable by today’s standards. Why were so many people willing to relocate to America? How important was the concept of limited self-government?

A. Separatists, the Mayflower, and the Compact

The first New England colony was established in 1620. The people were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. The compact they formed set forth the idea of consent of the governed.

B. More Colonies, More Government

People in each of the colonies became accustomed to making decisions that affected the internal order of the colony. Although each colony had only limited authority to make decisions, in practice most governmental actions that affected the people were made within the colony. The colonies were not really united as a political force before the First Continental Congress (1774). Each colony was separate with its own decision-making government.

C. British Restrictions and Colonial Grievances

The British government decided to raise revenue by imposing taxes on the American colonies. The imposition of the Sugar Act (1764) and the Stamp Act (1765) resulted in a colonial boycott of English goods. The tension climaxed with the Boston Tea Party, but Britain responded by passing the Intolerable Acts in 1774, which closed Boston Harbor and put Massachusetts under British rule.

II. The Colonial Response

In 1763 the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian War (1756–1763).

A. The First Continental Congress

The colonists gradually began to realize that they were similar in many respects and that as a political unit they would have more influence with Parliament. Still the focus of these political meetings was to restore the political structure that was in existence before the passage of legislation affecting the internal operations of each colony by Parliament. Had the Crown and Parliament relented on many of their demands, it is possible that the Declaration of Independence would never have been issued.

B. The Second Continental Congress

This is the Congress that made Washington the general in chief and pursued the Revolutionary War.

III. Declaring Independence

A. The Resolution of Independence

This was a brief precursor to the Declaration.

B. July 4, 1776—the Declaration of Independence

1. Universal Truths. “We hold these Truths . . . ”

2. Natural Rights and a Social Contract. People have natural rights, including life, liberty, and the pursuit of happiness. An important component of the Declaration of Independence is the concept of a social contract, which came from the experiences of the formers of the Mayflower Compact. Like the compact more than 200 years before, the Declaration of Independence was based on the idea of consent of the governed and that governments had the responsibility to protect the natural rights of its citizens. If the government failed to do so, the people had the right to revolt.

C. The Rise of Republicanism

Republican as used here must be carefully distinguished from the current Republican Party. Although republicans were opposed to rule by the British, they were also opposed to rule by any central authority. They were even skeptical of a permanent union of the states. Each state was seen as the sovereign authority and the only legitimate ruling force.

IV. The Articles of Confederation: The First Form of Government

States retained most of the power and the central government had a very limited role in the governing process. The loyalty most citizens had was to their state, first and foremost.

A. Accomplishments under the Articles

The primary reason for the establishment of the Articles was to organize the states so that they could defeat the British forces and gain independence from Britain. Once independence was won, there was less pressure on the states to organize for the collective good.

B. Weaknesses of the Articles

The lack of a strong central authority to resolve disputes between the states and to organize the states for the collective good, including the organization of a militia, was crucial to the development of the Constitutional Convention.

C. Shays’s Rebellion and the Need for Revision of the Articles

Events such as Shays’s Rebellion convinced many political leaders that the national government, under the Articles of Confederation, and individual state governments were incapable of resolving the most pressing problems. The solution appeared to be the establishment of a stronger central government.

V. Drafting the Constitution

Concerned about economic turmoil, five states called for a meeting to be held at Annapolis, Maryland, in September 1786. Among the problems to be solved were the relationship between the states and the central government, the powers of the national legislature, the need for executive leadership, and the establishment of policies for economic stability.

A. Who Were the Delegates?

There were 55 delegates, who certainly did not represent a cross-section of 1700s American society. Most were members of the upper class and relatively young. Almost all of them had prior experience in political office or military service. There were no women or minorities.

B. The Working Environment

The conditions under which the delegates worked for 115 days were far from ideal. Heat, humidity, swarms of flies, and secrecy plagued the delegates.

C. Factions among the Delegates

The beliefs of the delegates ranged from the near-monarchism of Hamilton to definite decentralized republicanism. Some republicans left the convention when they saw the federalist tenor of the proceedings.

D. Politicking and Compromises

1. The Virginia Plan. The Virginia plan was actually fairly close to a parliamentary system, with power concentrated in a lower house that was to choose the executive. The major problem was that representation was strictly by population, which was a disadvantage to the small states.

2. The New Jersey Plan. A one-state, one-vote plan that would have created a relatively weak central government. Again, the executive was to be elected by the Congress.

3. The “Great Compromise.” The Great Compromise was a compromise between more populous states, which advocated representation based on population (the Virginia plan), and the small states, which advocated equal representation for each state (the New Jersey plan). The Great Compromise (or the Connecticut plan) provided for a bicameral legislature, with one house based on population and the other on equal representation for each state. Under the Great Compromise, Congress did not choose the president.

4. The Three-Fifths Compromise. Another compromise concerned the issue of slavery. Northern states wanted to ban the importation of slaves, whereas Southern states did not. Southern states wanted slaves counted in the population for the purposes of determining the number of members each state sent to the House of Representatives. The three-fifths compromise provided that 3/5 of the slaves would be counted (or each slave would count as 3/5 of a person). It also decided that Congress would not be able to ban the importation of slaves until 1808.

5. Other Issues. To the benefit of the agricultural South, export taxes were banned. As a compromise, both the president and the Senate had a role in choosing the membership of the Supreme Court.

E. Working toward Final Agreement

1. The Madisonian Model—Separation of Powers. The legislative, executive, and judicial powers were to be independent of each other so that no one branch had enough power to dominate the others.

2. The Madisonian Model—Checks and Balances. Each of the three branches was to check the others through sharing power. The founders produced a government that did have considerably more power than under the Articles of Confederation. However, it is also clear that the founders were distrustful of those who would hold this power and of the people who would select governmental officials. Power was divided between the three major branches and each branch was encouraged to confront the other two branches. This idea was based on the assumption that “ambition must be made to counteract ambition” (Federalist Paper No. 51). As each branch of government would attempt to gain more power, each branch would serve to check the power of the other two branches.

3. The Executive. An electoral college meant that the president was not to be chosen by Congress, but not by a popular vote, either.

4. A Federal Republic. The Constitution creates a federal system of government that divides the sovereign powers of the nation between the states and the national government. This structure allows states to make their own laws about many issues of concern to their citizens while granting the national government more power than under the Articles of Confederation. Additionally, the Constitution made it clear that laws made by the national government take priority over conflicting state laws.

F. The Final Document

A summary of the results for the final document is as follows: popular sovereignty, a republican government, a limited government, separation of powers, and a federal system where both the national and the state governments each have their own sphere of influence.

VI. The Difficult Road to Ratification

A. The Federalists Push for Ratification

1. The Federalist Papers. The Federalist Papers were an attempt to persuade the public to support the new form of government. Federalist Paper No.10 and Federalist Paper No. 51 (see Appendix C in the text) provide an excellent view of James Madison’s political theory concerning human nature. Madison’s ideas are as relevant today as they were in 1787.

2. The Anti-Federalist Response. Those opposed to the Constitution looked to the fact that it was written by aristocrats and would create an overbearing central government hostile to personal liberty.

B. The March to the Finish

The vote by the Virginia ratification convention was essential and somewhat close. The New York vote was even closer and put the Constitution “over the top.” At this point, North Carolina and Rhode Island had little choice but to join.

C. Did the Majority of Americans Support the Constitution?

1. Beard’s Thesis. Historian Charles Beard argued that the Constitution was put through by an undemocratic elite intent on the protection of property.

2. State Ratifying Conventions. These conventions were elected by a strikingly small part of the total population.

3. Support Was Probably Widespread. Still, the defense of property was a value that was by no means limited to the elite. The belief that the government under the Articles was dangerously weak was widespread among all classes.

VII. The Bill of Rights

The Constitution would not have been ratified in several states if the Federalists had not assured the states that amendments to the Constitution would be passed to protect individual liberties against incursions by the national government. Some believed that including these rights was unnecessary, whereas others suggested that specifically defining certain rights might encourage the national government to abuse any rights that were not specifically defined.

A. A “Bill of Limits”

The package was assembled by Madison, who culled through almost two hundred state suggestions.

B. No Explicit Limits on State Government Powers

Contrary to popular belief, the Bill of Rights did not apply to state governments. The restrictions were applicable only to the national government until the Fourteenth Amendment incorporated some of these rights. Even though these restrictions were only applicable to the national government, they were nevertheless still very important for the protection of the people.

VIII. Altering the Constitution: The Formal Amendment Process

The founders realized that the Articles of Confederation were too difficult to alter. Therefore, the amendment process to the Constitution was made less difficult, but it still would be a rigorous process. The basic reasoning for this was that every government needs to be able to cope with new and unforeseen problems and changes in the original document would be necessary. However, any change should be undertaken with extreme caution. If the process to amend the Constitution is rigorous, there should be ample time to consider the merits of such a change.

A. Many Amendments Proposed, Few Accepted

How difficult is it to amend the Constitution? From 1789 through 2002, 27 amendments passed, which represents one amendment every 7.8 years—a misleading ratio since 10 of those amendments came within the first four years. From 1791 through 2002 there have been only 17 amendments, or one amendment every 12.4 years. Although there are always numerous recommendations for alterations to the Constitution, few of these recommendations, especially controversial ones, have a realistic chance of success.

B. Limits on Ratification

Recent amendments have usually been accompanied by time limits for ratification, though time limits are not a constitutional requirement.

C. The National Convention Provision

Such a convention could be called and could rewrite the entire Constitution. Naturally, many people find this possibility frightening. The product of such a convention, however, would have to be ratified by the states in the same way as any amendment.

IX. Informal Methods of Constitutional Change

Although it is very difficult to amend the Constitution, the Constitution has changed through interpretation. Since the case of Marbury v. Madison, which established judicial review, the federal courts have made major decisions concerning the meaning of the Constitution.

A. Congressional Legislation

Such interpretation has not been limited to the federal judiciary. Both the legislative and executive branches have interpreted the Constitution. Once an interpretation has been made and there is no challenge to this type of action, there has been a change in the meaning of the Constitution.

B. Presidential Actions

These actions can affect the interpretation of the Constitution as well. In particular, the president’s powers in wartime have waxed and waned throughout the course of history.

C. Judicial Review

Key concept: Judicial Review is the power of the courts to declare a law or action unconstitutional.

1. Not a Novel Concept. It was based on English and colonial traditions.

2. Allows the Court to Adapt the Constitution. The rejection of “separate but equal” (Jim Crow laws) is an example.

D. Interpretation, Custom, and Usage

The Constitution has been adapted from serving the needs of a small, rural republic to providing a framework of government for an industrial giant with vast geographic, natural, and human resources. Ultimately, the Constitution is not just the short document in the appendix to Chapter 2, but the entire body of judicial and other understandings that have emerged to give it life.

X. Features

A. What If . . . The Constitution Had Banned Slavery Outright?

Slavery was one of the most hotly debated issues at the Constitutional Convention. Some historians argue that banning slavery would have been very difficult, given the facts that even the most antislavery founders valued national unity above all else and that many Southern delegates would have bolted rather than accept limits on the institution. Others argue that any compromise on slavery implicitly validated the institution.

B. Politics with a Purpose: How to Form a More Perfect Union?

The early form of government created by the Articles of Confederation had a number of problems (e.g., the national government could not regulate commerce or levy taxes). Those who enjoyed power under the early government and those who found it weak and dangerous disagreed about whether to amend or completely replace the Articles. Following crises like Shays’s Rebellion, those favoring a stronger national government were able to organize a Constitutional Convention, which met and deliberated secretly in 1787. The new Constitution was ratified in 1788.

C. Beyond Our Borders:What Makes a Constitution?

Contrary to the U.S. Constitution, many nations’ constitutions are neither short documents nor actual reflections of the way the government operates. Some countries like Great Britain consider multiple historic documents and agreements to be their founding documents. Other countries, such as Japan and Iraq, find their government organization strongly influenced by the victorious nation or nations that defeated them at war. Still other nations (e.g., North Korea) have constitutions that outline the structure of government but that do not guarantee democratic freedoms or government as we know it.

D. You Can Make a Difference: How Can You Affect the U.S. Constitution?

The Constitution is an enduring document that has survived more than 200 years, but it is also a changing document. All the laws of the nation, particularly the Constitution as the supreme law of the land, have a direct impact on our lives. Some people have spearheaded movements to try to affect the Constitution. Others have done it simply by protecting the existing rights and liberties it grants. Following the September 11 attacks, several new laws have been enacted that many believe go too far in curbing constitutional rights. The American Civil Liberties Union (ACLU) is an organization that works to protect rights for all Americans. You can join it on Facebook.

CRITICAL THINKING QUESTIONS FOR DISCUSSION

1. Do you think that antislavery delegates to the Constitutional Convention should have insisted on ending slavery throughout the new nation?

2. Do you think the nation would have survived without the Southern states?

3. How would our nation be different if slavery had been abolished in 1789?

4. Do you think the United States could have survived without a written constitution?

5. How important is it for the people of a nation to have approved their constitution?

6. How can you tell if a nation is following the letter and the spirit of its constitution?

LECTURE LAUNCHERS

1. The Constitution was not made public until September 17, 1787. The public had no input as to what the document would include. Furthermore, the Constitution violated the provisions in the Articles of Confederation for alterations to the government. What would public reaction be today if Congress passed a major legislative proposal where the public had no forewarning? Would it be difficult for Congress to persuade the public such legislation was in the public’s best interest? What would be the reaction of the media and political leaders at the state level to decisions that violated the Constitution?

2. Could the founders have banned slavery outright? The chapter reviews a number of compromises over slavery (e.g., importation of slaves could not be banned until 1808; the three-fifths compromise), but why didn’t delegates who opposed slavery fight harder to end the abhorrent practice? Historians argue that the South was essential to the economy and that delegates from Southern states would have left the Union rather than sign a constitution banning slavery. Benjamin Franklin, in particular, worried that states that left might join forces with foreign interests further threatening the fragile new nation. Ask students to speculate on how history might have been different had slavery been banned from the start in the Constitution? Did the compromises make the Civil War inevitable?

3. What would have occurred if one or more of the states had rejected the Constitution? If a large state like New York or Virginia had voted to reject the Constitution, would the United States have taken economic and/or political sanctions against such a state? Could a single state have managed to survive outside the union of states? (Rhode Island could be an example.)

4. Discuss with students how challenging it is to amend the Constitution, and review the reasons the founders made it difficult but not impossible to amend the document. Given how few amendments have been ratified in our history, should we view the complexity of the process as a success or a hindrance to the development of the nation? Discuss the many ways that the Constitution can take on new meanings without formal amendments. Is there an issue today that should be resolved with an amendment to the Constitution?

5. What was the major reason for the electoral college? (For example, it makes the president independent of Congress.) Would it make a major difference if Congress selected the president, as some of the delegates advocated? How does the electoral college demonstrate the founders’ suspicion of mass democracy? Would students support ending the electoral college in favor of direct election? What would be gained and what would be lost by such a change?

IN-CLASS ACTIVITIES

1. This chapter describes the Constitution in historical context, rather than examining the particular provisions of the document in detail. That is a choice that provides a body of insights but not the only possible choice. If you wish, you can spend some time on a detailed analysis. The commentary embedded in the text of the Constitution that we provide in an appendix to the chapter may be helpful in doing this. Consider examining with students the intentional structure of the Constitution (the order of the Articles, for example), the purpose of the preamble, and why institutions are established separately.

2. Does it matter that one in five adults believes the right to own and raise pets and the right to drive a car are First Amendment rights? A survey conducted in 2006 by the McCormick Foundation (http://www.mccormickfoundation.org) found that more than half of the respondents could name two of the five main characters from The Simpsons, whereas only 28 percent could name two or more of the five fundamental freedoms in the First Amendment. Should we care? Is knowledge of the Constitution and the Bill of Rights essential to understanding U.S. government? Discuss the major findings of this poll with students or ask them the poll questions and compare their level of knowledge with respondents in this poll. Think about and discuss with students the ways in which “knowledge is power.”

3. One of the key questions asked by foreign observers is why the United States did not adopt a parliamentary system. After all, they had an example of it in front of them in the form of the British parliament. Moreover, other former British possessions such as Canada and Australia adopted such a system. To raise this topic for discussion, it would be necessary to briefly describe what a parliamentary system is, because many students may be unclear on the definition (i.e., unified government, executive chosen by parliament). Given the definition and given the Revolutionary War-era distrust of powerful governors and preference for legislatures, might it have been reasonable to establish a weak executive chosen by the legislature? Such a system does not seem to have commanded much thought, however. How might the negative experiences under the Articles of Confederation have shaped these decisions?

4. The U.S. Constitution is often viewed by students as “perfect,” yet it is flawed in a number of ways (some fixed by subsequent amendments, but others not). Ask students to examine a copy of the South African constitution, adopted in 1996, (http://www.info.gov.za/documents/constitution/index.htm) and compare the two documents. What is covered by the South African constitution that is not included in the U.S. Constitution? Should our Constitution be amended to address equality more specifically or to specify the languages of the United States? Do students view it as a positive or negative that the U.S. Constitution is the shortest written constitution still in use today as well as the oldest written constitution still in use?

IMPORTANT TERMS/KEY TERMS/MARGINAL DEFINITIONS

Anti-Federalist—An individual who opposed the ratification of the new Constitution in 1787. The Anti-Federalists were opposed to a strong central government.

Bicameral Legislature—A legislature made up of two parts, called chambers. The U.S. Congress, composed of the House of Representatives and the Senate, is a bicameral legislature.

Checks and Balances—A major principle of the American system of government whereby each branch of the government can check the actions of the others.

Confederation—A political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government. A voluntary association of independent states, in which the member states agree to limited restraints on their freedom of action.

Electoral College—A group of persons called electors selected by the voters in each state and the District of Columbia; this group officially elects the president and vice president of the United States. The number of electors in each state is equal to the number of each state’s representatives in both chambers of Congress.

Federal System—A system of government in which power is divided between a central government and regional, or subdivisional, governments. Each level must have some domain in which its policies are dominant and some genuine political or constitutional guarantee of its authority.

Federalist—The name given to one who was in favor of the adoption of the U.S. Constitution and the creation of a federal union with a strong central government.

Great Compromise—The compromise between the New Jersey and Virginia plans that created one chamber of the Congress based on population and one chamber representing each state equally; also called the Connecticut Compromise.

Madisonian Model—A structure of government proposed by James Madison in which the powers of the government are separated into three branches: executive, legislative, and judicial.

Natural Rights—Rights held to be inherent in natural law, not dependent on governments. John Locke stated that natural law, being superior to human law, specifies certain rights of “life, liberty, and property.” These rights, altered to become “life, liberty, and the pursuit of happiness,” are asserted in the Declaration of Independence.

Ratification—Formal approval.

Representative Assembly—A legislature composed of individuals who represent the population.

Separation of Powers—The principle of dividing governmental powers among different branches of government.

Social Contract—A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

State—A group of people occupying a specific area and organized under one government; may be either a nation or a subunit of a nation.

Supremacy Doctrine—A doctrine that asserts the priority of national law over state laws. This principle is rooted in Article VI of the Constitution, which provides that the Constitution, the laws passed by the national government under its constitutional powers, and all treaties constitute the supreme law of the land.

Unicameral Legislature—A legislature with only one legislative chamber, as opposed to a bicameral (two-chamber) legislature, such as the U.S. Congress. Today, Nebraska is the only state in the Union with a unicameral legislature.

WEB LINKS

Avalon Project—digital documents relevant to law, history, and diplomacy including James Madison’s notes on the Constitutional Convention debates, taken from his daily journal: http://avalon.law.yale.edu/default.asp

FindLaw—comprehensive resource for legal information: www.findlaw.com/casecode/state.html

National Constitution Center—information on the Constitution, including its history, current debates over constitutional provisions, and news articles: www.constitutioncenter.org

Our Documents—Our Documents is home to one hundred milestone documents that influenced that course of American history and American democracy, including the Declaration of Independence. Includes full-page scans of each document, transcriptions, and background information on their significance: http://www.ourdocuments.gov/

University of Oklahoma Law Center—houses several U.S. historical documents online: www.law.ou.edu/hist

INSTRUCTOR RESOURCES

PRINTED MEDIA RESOURCES

Ackerman, Bruce. The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy. Cambridge, MA: Belknap Press, 2005. In this book, the author sees the contested election of 1800 as exposing the failure of the new Constitution to account for the rise of presidential power and the appearance of political parties.

Armitage, David. The Declaration of Independence: A Global History. Cambridge, MA: Harvard University Press, 2007. The author examines the history of the Declaration of Independence and then looks at its impact on the peoples and governments of other nations.

Bailyn, Bernard. To Begin the World Anew: The Genius and Ambiguities of the American Founders. New York: Knopf, 2003. In a series of essays, a two-time Pulitzer Prize–winning historian discusses the themes of order and liberty in the Federalist Papers and the advantages of the founders’ provincialism.

Breyer, Stephen G. Active Liberty: Interpreting Our Democratic Constitution. New York: Knopf, 2005. Supreme Court Justice Stephen Breyer offers his thoughts on the Constitution as a living document. He argues that the genius of the Constitution rests in the adaptability of its great principles to cope with current problems.

Dahl, Robert A. How Democratic Is the American Constitution? New Haven, CT: Yale University Press, 2002. This book compares the U.S. Constitution with the constitutions of other democratic countries in the world.

Gibson, Alan. Understanding the Founding: The Crucial Questions. Lawrence: The University Press of Kansas, 2007. The author looks at several oft-debated questions concerning the motivation and political views of the Founding Fathers.

Hamilton, Alexander, et al. The Federalist: The Famous Papers on the Principles of American Government. Benjamin F. Wright, ed. New York: Friedman/Fairfax Publishing, 2002. This is an updated version of the papers written by Alexander Hamilton, James Madison, and John Jay and published in the New York Packet, in support of the ratification of the Constitution.

Philbrick, Nathaniel. Mayflower: A Story of Courage, Community and War. New York: Penguin, 2007. The author investigates many of the myths surrounding the first colony in New England and sheds light on some little-known history.

MEDIA RESOURCES

In the Beginning—A 1987 Bill Moyers TV program that features discussions with three prominent historians about the roots of the Constitution and its impact on our society.

John Locke—A 1994 video exploring the character and principal views of John Locke.

Thomas Jefferson—A 1996 documentary by acclaimed director Ken Burns. The film covers Jefferson’s entire life, including his writing of the Declaration of Independence, his presidency, and his later years in Virginia. Historians and writers interviewed include Daniel Boorstin, Garry Wills, Gore Vidal, and John Hope Franklin.

 

 

Chapter 2: The Constitution

MULTIPLE CHOICE

1. Which of the following is true?

a.	The significance of the slavery issue at the Constitutional Convention is greatly exaggerated, given the fact that there were less than 50,000 slaves in the United States in 1787.
b.	James Madison characterized slavery as "evil" and argued that there would be nothing worse than allowing it to continue.
c.	Benjamin Franklin, the president of the Pennsylvania Society for the Abolition of Slavery, insisted that the Constitution be written to prohibit slavery.
d.	George Washington, a slave owner from Virginia, was one of the few delegates to state firmly and unapologetically his support for the institution of slavery.
e.	It was feared that the delegates from Georgia, North Carolina, South Carolina, Maryland and Virginia would withhold their support if the Constitution threatened the existence of slavery.

ANS: E PTS: 1 REF: 30 NOT: Conceptual

2. The Constitution defines the structure of the national and state governments and __________.

a.	restricts the power of county or parish government
b.	outlines the nomination process for selecting the executive officer
c.	regulates the relationship between government and each individual citizen
d.	restricts the power of the individual citizen
e.	promotes the formation of a confederation of states

ANS: C PTS: 1 REF: 31 NOT: Conceptual

3. The colonists at Jamestown instituted a __________ and set a precedent in government that would be duplicated in later colonies.

a.	authoritarian leader
b.	democratic republic
c.	direct democracy
d.	representative assembly
e.	welfare state

ANS: D PTS: 1 REF: 31 OBJ: LO1

NOT: Factual

4. The __________ represented a willingness of the first New England colonists to submit to the authority of a government and established a prototype for other agreements that depended on the consent of the governed.

a.	Waterfront Protocol
b.	Articles of Confederation
c.	Mayflower Compact
d.	Constitution
e.	Declaration of Independence

ANS: C PTS: 1 REF: 32 OBJ: LO1

NOT: Factual

5. Theoretically, the colonies were governed by England, but the colonists were able to exercise a large measure of self-government because the __________.

a.	British Crown had little interest in the activities in the colonies
b.	distance between mother country and the colonies allowed more freedom
c.	British were more concerned with colonies in India
d.	colonial representatives in Parliament had lobbied for more freedom
e.	British had not issued a charter to each of the colonies thus allowing greater individual rights

ANS: B PTS: 1 REF: 33 OBJ: LO1

NOT: Factual

6. The __________ were imposed on the colonists by the British government to help pay the costs of the French and Indian War.

a.	Coercive Acts
b.	Sugar Act and Stamp Act
c.	Tea Act and Coffee Act
d.	Tea Act and Sugar Act
e.	War Debt Acts

ANS: B PTS: 1 REF: 33 OBJ: LO1

NOT: Factual

7. The First Continental Congress, which met in 1774, __________.

a.	approved a declaration of war against England
b.	called for King George to step down from the throne
c.	approved a resolution calling for a declaration of independence from England
d.	called on the colonies to raise armies but encouraged colonies to continue trade with England so as to improve economic conditions
e.	called for individuals to watch their neighbors and report violations of the ban on trade with Britain

ANS: E PTS: 1 REF: 34 OBJ: LO1

NOT: Factual

8. The Second Continental Congress, which met in 1775, __________.

a.	established an army and named George Washington as commander in chief
b.	established a navy and named John Paul Jones supreme commander
c.	entered into an agreement with France to go to war with Great Britain
d.	declared war on Great Britain, France, and Spain
e.	drafted a peace treaty that was rejected by Great Britain

ANS: A PTS: 1 REF: 34 OBJ: LO1

NOT: Factual

9. Common Sense, written by __________, argued in favor of declaring independence from Great Britain and establishing a new government for the citizens of a new country.

a.	James Madison
b.	Patrick Henry
c.	Paul Revere
d.	Thomas Jefferson
e.	Thomas Paine

ANS: E PTS: 1 REF: 34 OBJ: LO1

NOT: Factual

10. Thomas Paine’s work, Common Sense, was important for both his ideas and his __________.

a.	continuing loyalty to aristocratic ideals
b.	ability to make the arguments in plain language for the readers
c.	ties to Thomas Jefferson, George Washington, and George III
d.	orations in local speeches
e.	command of the armies of Rhode Island

ANS: B PTS: 1 REF: 34 OBJ: LO1

NOT: Conceptual

11. The Declaration of Independence was necessary to __________.

a.	establish a framework for a new system of government that would allow representation without taxation
b.	establish the legitimacy of the new nation in the eyes of the governments in Europe and those of the colonists
c.	create for a delicate balance of federal and state power
d.	identify the reasons the British saw separation from the colonies as necessary
e.	demand a separation of church and state

ANS: B PTS: 1 REF: 35 OBJ: LO1

NOT: Conceptual

12. The Declaration of Independence was written by __________.

a.	Thomas Jefferson
b.	Thomas Paine
c.	Patrick Henry
d.	Paul Revere
e.	James Madison

ANS: A PTS: 1 REF: 35 OBJ: LO1

NOT: Factual

13. The __________ identified the causes that compelled the colonists to separate from Britain.

a.	Waterfront Protocol
b.	Articles of Confederation
c.	Mayflower Compact
d.	Constitution
e.	Declaration of Independence

ANS: E PTS: 1 REF: 36 OBJ: LO1

NOT: Factual

14. Which provision in the original draft of the Declaration of Independence had to be removed to gain the unanimous approval of all the colonies?

a.	Calling for the separation of church and state
b.	Establishing that the United States would be a Christian nation
c.	Arguing the necessity of allowing all citizens to vote
d.	Calling for the assassination of King George
e.	Condemning the slave trade

ANS: E PTS: 1 REF: 35 OBJ: LO1

NOT: Applied

15. The Declaration of Independence reflects the philosophy of John Locke, who argued that __________.

a.	government must pledge its allegiance to God before it can claim legitimacy
b.	government cannot interfere with the reality that life is nasty, brutish, and short
c.	government must be divided into executive, legislative, and judicial branches in order to be effective
d.	all people possess certain natural rights and that it is the duty of the government to protect those rights
e.	people possess only those rights that government grants to them

ANS: D PTS: 1 REF: 35 OBJ: LO1

NOT: Applied

16. An agreement by the people to form a government and abide by its rules is called a __________.

a.	community agreement
b.	social contract
c.	unification authority
d.	natural law
e.	nullification

ANS: B PTS: 1 REF: 36 OBJ: LO1

NOT: Factual

17. Following the Revolutionary War, those individuals who were against a strong central government and opposed to monarchy, executive authority, and any form of restraint on the power of local groups became known as __________.

a.	Democrats
b.	Federalists
c.	Tories
d.	Redcoats
e.	Republicans

ANS: E PTS: 1 REF: 36 OBJ: LO1

NOT: Factual

18. After the United States gained its independence, the first system of government was established under the __________.

a.	Articles of Confederation
b.	Constitution
c.	Declaration of Independence
d.	Franklin Proclamation
e.	Mayflower Compact

ANS: A PTS: 1 REF: 36 OBJ: LO2

NOT: Factual

19. The Article of Confederation established a voluntary association of independent states that __________.

a.	relied on the national government to resolve all regional conflicts
b.	paid a yearly levy to the national government to enforce state laws
c.	agreed to only limited restraint on their freedom of action
d.	were represented on the basis of population in the Confederate Assembly
e.	did not collect tariffs on goods coming into the state

ANS: C PTS: 1 REF: 37 OBJ: LO2

NOT: Conceptual

20. The Second Continental Congress drafted the Articles of Confederation to create a government that had __________.

a.	very little power
b.	very strong, broad powers
c.	strong economic but weak military powers
d.	strong military but weak economic powers
e.	strong diplomatic powers

ANS: A PTS: 1 REF: 37 OBJ: LO2

NOT: Applied

21. The two major accomplishments that occurred under the Articles of Confederation were __________.

a.	passage of the Northwest Ordinance and ending the French and Indian War
b.	ending the French and Indian War and passage of the Bill of Rights
c.	passage of the Bill of Rights and settlement of states' claims to western lands
d.	settlement of states' claims to western lands and passage of the Northwest Ordinance
e.	establishment of the Supreme Court and payment of damages that occurred during the Revolutionary War

ANS: D PTS: 1 REF: 37 OBJ: LO2

NOT: Conceptual

22. Under the Articles of Confederation, Congress had the power to __________.

a.	establish and control armed forces
b.	compel states to meet military quotas
c.	collect taxes directly from the people
d.	regulate interstate and foreign commerce
e.	compel states to pay their share of government costs

ANS: A PTS: 1 REF: 37 OBJ: LO2

NOT: Factual

23. Functioning of the national government under the Articles of Confederation __________.

a.	depended on the goodwill of the people of the Republic
b.	depended on the goodwill of the states
c.	depended on the strength of the army of Confederation
d.	depended on tariffs collected by the government
e.	was in direct correlation to the popularity of the president of the Continental Congress

ANS: B PTS: 1 REF: 37 OBJ: LO2

NOT: Conceptual

24. The most fundamental weakness of the Articles of Confederation was a lack of __________.

a.	a bicameral legislature
b.	a national system of courts
c.	power to raise funds for the militia
d.	power to tax exports
e.	state-supported currencies

ANS: C PTS: 1 REF: 38 OBJ: LO2

NOT: Factual

25. The actions of __________ demonstrated the inability of the federal government under the Articles of Confederation to protect the citizenry from armed rebellion or provide adequately for the public welfare.

a.	John Lee
b.	Daniel Shays
c.	Paul Revere
d.	Patrick Henry
e.	John Locke

ANS: B PTS: 1 REF: 38 OBJ: LO2

NOT: Factual

26. Shay’s Rebellion plays an important role in American history because __________.

a.	it represents the first major battle to occur in a Southern colony during the American Revolution
b.	it represents the first major battle of the Civil War
c.	it was the last major battle of the Revolutionary War
d.	it made obvious the weaknesses of the government under the Articles of Confederation
e.	it enabled the colonists to reorganize and gain the upper hand against the British in the Revolutionary War

ANS: D PTS: 1 REF: 38 OBJ: LO2

NOT: Applied

27. The publicly stated purpose of the convention to be held in 1787 was to __________.

a.	develop and write a new Constitution
b.	revisit the principles established in the Declaration of Independence
c.	revise the Articles of Confederation
d.	expand the rights of individuals who did not own property
e.	create a system of government that would abolish the institution of slavery

ANS: C PTS: 1 REF: 39 OBJ: LO2

NOT: Factual

28. Generally speaking, the delegates to the Constitutional Convention were __________.

a.	representative of a wide cross section of American society of the 1700s
b.	inexperienced legislators
c.	members of the working class
d.	diverse in terms of gender and race
e.	experienced in political office or military service

ANS: E PTS: 1 REF: 40 OBJ: LO2

NOT: Factual

29. James Madison played a vital role at the convention because he __________.

a.	maintained a personal journal that detailed discussions and votes
b.	served as president of the convention and led the meetings
c.	secured the room where meetings were held, ensuring discussion would remain private
d.	served as a "reporter" relaying each day’s events to people waiting outside
e.	maintained order during discussion and debates by serving as parliamentarian

ANS: A PTS: 1 REF: 41 OBJ: LO2

NOT: Factual

30. The Virginia plan favored __________ states.

a.	small, less populous
b.	western
c.	Southern
d.	New England
e.	large, more populous

ANS: E PTS: 1 REF: 42 OBJ: LO3

NOT: Applied

31. Edmund Randolph’s Virginia plan was a proposal of 15 resolutions that __________.

a.	called for all states to be represented equally in the national legislature
b.	called for a unicameral legislative body
c.	were basically a minor variation on the Articles of Confederation
d.	called for a national executive who would be elected by the legislative body
e.	included no provision for a president because of the distrust of so much power being given to a single individual

ANS: D PTS: 1 REF: 42 OBJ: LO3

NOT: Applied

32. The most notable part of the New Jersey plan was its __________.

a.	reference to a supremacy doctrine
b.	provisions for a Supreme Court
c.	plan for taxation
d.	interstate commerce clause
e.	specific mention of checks and balances

ANS: A PTS: 1 REF: 42 OBJ: LO3

NOT: Conceptual

33. The Great Compromise resolved the impasse between the __________.

a.	large and small states regarding the executive branch
b.	large and small states regarding representation
c.	Northern and Southern states regarding representation
d.	Northern and Southern states regarding slavery
e.	Federalists and Anti-Federalists regarding the executive branch

ANS: B PTS: 1 REF: 43 OBJ: LO3

NOT: Conceptual

34. The Great Compromise __________.

a.	established that states would be equally represented in the House of Representatives
b.	created a Congress composed of two chambers: one with representation based on population and the second with equal state representation
c.	created a unicameral legislative body
d.	prohibited slavery under the new Constitution
e.	established that states would be represented according to the size of their populations in the Senate

ANS: B PTS: 1 REF: 42 OBJ: LO3

NOT: Applied

35. The Great Compromise allowed small states to have political power disproportionate to their size in the __________.

a.	Senate
b.	House of Representatives
c.	electoral college
d.	cabinet
e.	Supreme Court

ANS: A PTS: 1 REF: 43 OBJ: LO3

NOT: Applied

36. According to the original Constitution, only the __________ would be directly elected by the people.

a.	president
b.	Senate
c.	House of Representatives
d.	Supreme Court
e.	cabinet

ANS: C PTS: 1 REF: 43 OBJ: LO3

NOT: Applied

37. The three-fifths compromise, which was crafted to address the impasse on slavery, __________.

a.	avoided the use of the word “slave,” instead referring to “all other persons”
b.	did not abolish slavery but did bring an immediate end to the importation of slaves into this country
c.	illustrated the power of the Northern states at the convention
d.	brought an immediate end to the institution of slavery
e.	enhanced the influence that Northern states would have in a newly created Congress

ANS: A PTS: 1 REF: 43 OBJ: LO3

NOT: Conceptual

38. The three-fifths compromise gets its name from the resolution that __________.

a.	slaves would be counted as three-fifths of a person, in determining representation in the House of Representatives
b.	slave owners would be taxed at three-fifths for each slave that they owned
c.	Northern states that did not count slaves as part of their population would receive three additional seats in the Senate and five extra seats in the House of Representatives
d.	Southern states that did not count slaves as part of their population would receive three additional seats in the Senate and five extra seats in the House of Representatives
e.	after three years the importation of slaves would be prohibited and after five years slavery would be abolished

ANS: A PTS: 1 REF: 43 OBJ: LO3

NOT: Conceptual

39. At the Constitutional Convention, the South insisted that __________.

a.	export taxes not be imposed
b.	incomes taxes never be imposed
c.	lower federal courts be created as well as a Supreme Court
d.	slavery be abolished
e.	the power to regulate interstate commerce belong to Congress

ANS: A PTS: 1 REF: 44 OBJ: LO3

NOT: Conceptual

40. Because the founders wanted to prevent the imposition of tyranny, by either the majority or the minority, the government they proposed had a(n) __________.

a.	amendment proposal and ratification process
b.	electoral college
c.	separation of powers
d.	supremacy doctrine
e.	unicameral legislature

ANS: C PTS: 1 REF: 45 OBJ: LO4

NOT: Applied

41. James Madison argued in Federalist Paper No. 51 that “the great security against a gradual concentration of the several powers in the same department” was the __________.

a.	selection by the voters of men of good character and conscience who would resist the temptation to extend their power
b.	granting of the means and the motive to each branch of government to resist encroachment of others into their areas of authority
c.	establishment of a Bill of Rights that limited governmental power
d.	identification in the Constitution of each specific power that the branches of government would possess
e.	establishment of a single branch of government that would be clearly superior to the other branches, thus ensuring consistency and regularity

ANS: B PTS: 1 REF: 45 OBJ: LO4

NOT: Factual

42. __________ are the constitutional means referred to in Federalist Paper No. 51.

a.	Separation of powers
b.	The Supremacy Clause in Article VI of the Constitution
c.	The Full Faith and Credit Clause in Article IV of the Constitution
d.	Checks and balances
e.	The mathematical formula used to calculate the distribution of seats within the House of Representatives

ANS: D PTS: 1 REF: 45 OBJ: LO4

NOT: Conceptual

43. The electoral college __________.

a.	ensured congressional control over the presidency
b.	guaranteed that the candidate who won the presidency would be the one with the greatest public support
c.	subjected the president to direct popular control
d.	favored a plural executive composed of representatives from various regions of the country
e.	ensured independence of the president from the Congress

ANS: E PTS: 1 REF: 46 OBJ: LO4

NOT: Conceptual

44. The electoral college created a system in which __________.

a.	political parties became less important than alliances between interest groups
b.	the president was insulated from direct popular control
c.	the president relied on intermediaries to a strike a deal with political leaders in each state
d.	interest groups became important in the election of the president
e.	smaller, less populous states held more power in the election process than did larger, more populous states

ANS: B PTS: 1 REF: 46 OBJ: LO4

NOT: Conceptual

45. The Constitution created a __________.

a.	confederal system of government that grants fewer powers to the national government than the Articles of Confederation
b.	federal system of government that grants fewer powers to the national government than the Articles of Confederation
c.	confederal system of government that divides powers between the states and the national government
d.	federal system of government that divides powers between the states and the national government
e.	unitary system of government that divides powers between the states and the national government

ANS: D PTS: 1 REF: 46 OBJ: LO4

NOT: Conceptual

46. Special conventions in each state were used to ratify the Constitution because __________.

a.	conventions were more democratic than legislatures
b.	conventions could meet more quickly than legislatures
c.	most legislatures were unlikely to approve the document
d.	legislatures were likely to take far too long to approve the document
e.	legislatures were far more likely to attempt to amend the document

ANS: C PTS: 1 REF: 47 OBJ: LO4

NOT: Conceptual

47. What was significant in having the approval of nine states, rather than all 13, to bring the Constitution into being?

a.	A unanimous vote of the states was necessary to change the Articles of Confederation, which was unlikely to happen.
b.	Nine-thirteenths provided an unequal percentage.
c.	In most federal republics a three-fourths vote is required to amend or create a constitution.
d.	A super majority was unusual but necessary in the eighteenth century to achieve ratification.
e.	Nine was an odd number.

ANS: A PTS: 1 REF: 47 OBJ: LO4

NOT: Applied

48. The framers established that the Constitution would be ratified by __________.

a.	nine of thirteen state legislatures and both houses of Congress
b.	nine of thirteen state legislatures
c.	nine of thirteen ratifying conventions to be held in the states
d.	all thirteen ratifying conventions to be held in the states
e.	all thirteen state legislatures

ANS: C PTS: 1 REF: 47 OBJ: LO4

NOT: Factual

49. The first federal system was created by __________.

a.	France
b.	the United States
c.	Great Britain
d.	Greece
e.	Italy

ANS: B PTS: 1 REF: 47 OBJ: LO4

NOT: Factual

50. The Federalists had an advantage over the Anti-Federalists during the ratification process for the Constitution because __________.

a.	the Federalists stood for the status quo
b.	wide public support for the Constitution had already been obtained through the publication of updates in the press during the Constitutional Convention
c.	the Federalists were men of little power and property and the public found that appealing
d.	the Federalists had been part of the deliberations surrounding the Constitution and understood the plan for the new government better than the Anti-Federalists
e.	the Federalists were supported by King George III

ANS: D PTS: 1 REF: 48 OBJ: LO4

NOT: Conceptual

51. The Federalist Papers were written by __________.

a.	Madison, Hamilton, and Jay
b.	Madison, Jefferson, and Hamilton
c.	Madison, Jefferson, and Franklin
d.	Madison, Hamilton, and Franklin
e.	Washington, Franklin, and Jefferson

ANS: A PTS: 1 REF: 48 OBJ: LO4

NOT: Factual

52. The Anti-Federalists __________.

a.	favored ratification of the Constitution
b.	represented a radical fringe whose position on the Constitution constituted a very small minority
c.	believed the Constitution created an overly powerful central government that would be hostile to personal liberty
d.	were mainly wealthy bankers, lawyers, and plantation owners
e.	were at a disadvantage because they were arguing in favor of changing the status quo and thus had the burden of advocating change

ANS: C PTS: 1 REF: 48 OBJ: LO4

NOT: Conceptual

53. Charles Beard argued that the framers of the Constitution were __________.

a.	flawed, but well-meaning, human beings who did their best under extraordinary circumstances
b.	the best and the brightest of their time who wanted a strong government so that they could expand the rights of all people
c.	inspired by God and wanted a strong government so that good works could be performed
d.	incompetents who ascended to power only through their family's wealth and influence
e.	wealthy property owners who wanted a powerful government that could protect their property interests

ANS: E PTS: 1 REF: 49 OBJ: LO4

NOT: Conceptual

54. The Constitution would not have been ratified in several important states if the Federalists had not assured the states that __________.

a.	a ban on the importation of slaves would be a focus of the first Congress
b.	amendments to the Constitution would be passed to protect individual liberties against incursions by the national government
c.	amendments to the Constitution would be passed to protect the rights of states against incursions by the national government
d.	an amendment to prohibit the manufacture, sale, and consumption of liquor would be passed
e.	slaves that had escaped to free states would not have to be returned to their owners in slave states

ANS: B PTS: 1 REF: 50 OBJ: LO4

NOT: Applied

55. Some opponents of the Bill of Rights argued that __________.

a.	carefully articulating certain rights might encourage the national government to abuse any rights that were not specifically defined
b.	most people opposed the idea of strong individual rights
c.	most people opposed the principle of strong national government
d.	the Federalists outnumbered the Anti-Federalists
e.	specifying particular rights might lead state governments to abuse rights that were not carefully defined

ANS: A PTS: 1 REF: 50 OBJ: LO4

NOT: Applied

56. A(n) __________ makes one liable for an act that has already taken place.

a.	bill of attainder
b.	natural law
c.	constitutional law
d.	ex post facto law
e.	statutory law

ANS: D PTS: 1 REF: 50 OBJ: LO4

NOT: Factual

57. A(n) __________ is a legislative act through which a legislature passes judgment on someone without legal process.

a.	bill of attainder
b.	constitutional law
c.	natural law
d.	ex post facto law
e.	statutory law

ANS: A PTS: 1 REF: 50 OBJ: LO4

NOT: Factual

58. Bills of attainder and ex post facto laws are __________.

a.	not prohibited in the United States
b.	prohibited in the body of the U.S. Constitution
c.	not allowed under the Third Amendment
d.	not allowed under the Fourteenth Amendment
e.	restricted under Avalon v U.S. Congress

ANS: B PTS: 1 REF: 50 OBJ: LO4

NOT: Conceptual

59. Supreme Court Justice Ginsburg called attention to the __________ constitution’s bill of rights because it guarantees citizens the right to housing, the right to basic education, and the right to unionize.

a.	U.S.
b.	Canadian
c.	Russian
d.	Japanese
e.	South African

ANS: E PTS: 1 REF: 51 OBJ: LO4

NOT: Factual

60. The Bill of Rights limits the power of __________.

a.	the government over the rights and liberties of individuals
b.	the national government over the rights of the states
c.	state governments over the inherent powers of the national government
d.	national and state governments to tax individuals
e.	state governments to tax the national government

ANS: A PTS: 1 REF: 52 OBJ: LO4

NOT: Conceptual

61. Originally, the Bill of Rights __________.

a.	applied only to local governments
b.	did not apply to the state governments
c.	did not apply to the national government
d.	applied only to states that agreed to the amendments
e.	applied to both the national and state governments

ANS: B PTS: 1 REF: 52 OBJ: LO4

NOT: Factual

62. Article __________ specifies how the Constitution can be amended.

a.	I
b.	II
c.	III
d.	V
e.	VII

ANS: D PTS: 1 REF: 53 OBJ: LO5

NOT: Factual

63. Constitutional amendments can be proposed by a __________.

a.	majority vote in both houses of Congress
b.	majority vote in either house of Congress
c.	unanimous vote in both houses of Congress
d.	two-thirds vote in both houses of Congress
e.	two-thirds vote of either house of Congress

ANS: D PTS: 1 REF: 53 OBJ: LO5

NOT: Conceptual

64. According to the Constitution, a national constitutional convention can be called by __________ to propose an amendment.

a.	a majority of the states
b.	a majority vote in both houses of Congress
c.	a two-thirds vote of either the House or the Senate
d.	by Congress at the request of two-thirds of state legislatures
e.	three-fourths of the states

ANS: D PTS: 1 REF: 53 OBJ: LO5

NOT: Conceptual

65. Constitutional amendments can be ratified by a positive vote by __________.

a.	a majority of both houses of Congress
b.	two-thirds of state legislatures
c.	two-thirds of state conventions
d.	two-thirds of both houses of Congress
e.	three-fourths of state legislatures

ANS: E PTS: 1 REF: 53 OBJ: LO5

NOT: Conceptual

66. Most of the constitutional amendments ratified since the Bill of Rights have been directly or indirectly associated with __________.

a.	due process of law
b.	equal protection of the law
c.	the structure or composition of the federal government
d.	expanding civil liberties
e.	narrowing civil liberties

ANS: C PTS: 1 REF: 54 OBJ: LO5

NOT: Applied

67. Congress chose to use state conventions instead of state legislatures as the method for ratification of the amendment __________.

a.	requiring equal protection under the law
b.	repealing Prohibition
c.	prohibiting Congress from voting itself a raise that takes effect before the next election
d.	giving women the right to vote
e.	abolishing slavery

ANS: B PTS: 1 REF: 53 OBJ: LO5

NOT: Applied

68. Congress has considered more than 11,000 amendments to the Constitution but has approved very few. Many amendments lack support because they __________.

a.	address highly specific problems, such as burning or defacing the American flag
b.	infringe on the rights of the states
c.	are too broad in principle
d.	infringe on the rights of individuals
e.	are worded poorly and are difficult to understand

ANS: A PTS: 1 REF: 54 OBJ: LO5

NOT: Conceptual

69. An amendment designed to __________ was approved by Congress but ultimately the amendment never received the support necessary to become a part of the Constitution.

a.	abolish the death penalty
b.	guarantee equal rights for women
c.	forbid abortion
d.	restrict immigration
e.	restrict flag burning

ANS: B PTS: 1 REF: 55 OBJ: LO5

NOT: Factual

70. Which of the following practices was abolished by a constitutional amendment?

a.	dueling
b.	flag burning
c.	slavery
d.	execution by the electric chair
e.	polygamy

ANS: C PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

71. The practice of slavery in the United States was abolished by the __________ Amendment.

a.	Thirteenth
b.	Fifteenth
c.	Nineteenth
d.	Twenty-first
e.	Twenty-fifth

ANS: A PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

72. Which amendment gave former male slaves the right to vote?

a.	Thirteenth Amendment
b.	Fifteenth Amendment
c.	Eighteenth Amendment
d.	Twenty-first Amendment
e.	Twenty-sixth Amendment

ANS: B PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

73. The constitutional amendment process has been used to __________.

a.	limit Senators to serving two terms
b.	limit members of the House of Representatives to serving five terms
c.	limit the total time any individual can spend in Congress to twenty years
d.	require Congress to construct a balanced budget
e.	allow Congress to tax income

ANS: E PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

74. Which amendment gave women the right to vote in national elections?

a.	Ninth Amendment
b.	Fourteenth Amendment
c.	Fifteenth Amendment
d.	Nineteenth Amendment
e.	Twenty-second Amendment

ANS: D PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

75. The constitutional amendment process has been used to __________.

a.	require the president to get the approval of Congress before committing the armed forces to battle
b.	limit the president's ability to employ the power of the pardon
c.	define the actions for which the president can be impeached
d.	limit the number of terms a president can serve
e.	require the president to deliver a State of the Union address

ANS: D PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

76. The Constitution was amended to prohibit which of the following?

a.	poll taxes
b.	literacy tests
c.	grandfather clauses
d.	racially segregated primaries
e.	racially segregated drinking fountains

ANS: A PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

77. The Twenty-sixth Amendment to the Constitution extended the right to vote to __________.

a.	pardoned felons
b.	convicted felons
c.	eighteen-year-olds
d.	twenty-one-year-olds
e.	citizens of the U.S. territory of Puerto Rico

ANS: C PTS: 1 REF: 54 OBJ: LO5

NOT: Factual

78. Initially proposed as part of the Bill of Rights, the Twenty-seventh Amendment to the Constitution was added in 1992 to prohibit __________.

a.	the Congress from adjourning from session while the president still has a bill to consider
b.	the Congress from voting itself a raise that takes effect before the next election
c.	the justices of the Supreme Court from disclosing their party affiliations
d.	the president from holding more than two terms as executive
e.	the speaker of the house from voting on legislation in the House of Representatives

ANS: B PTS: 1 REF: 55 OBJ: LO5

NOT: Conceptual

79. Which of the following statements is true?

a.	Although there has not been a national constitutional convention held since 1787, more than 430 state constitutional conventions have been held.
b.	Although there has not been a national constitutional convention held since 1787, 32 amendments have been added to the Constitution.
c.	Convening a body that could conceivably create a new form of government concerns national political and judicial leaders.
d.	Each state has filed an application for a national convention at least twice.
e.	Congress considered convening a national convention in 2012 to mark the 225th anniversary of the 1787 convention.

ANS: C PTS: 1 REF: 55 OBJ: LO5

NOT: Applied

80. The Constitution has remained largely intact for more than 200 years because the principles set forth in the Constitution _________.

a.	meet the needs of the states and nation
b.	are impracticable to amend
c.	can only be changed in certain parts
d.	are unchallenged principles of the founding fathers
e.	are in a direct linage from the Mayflower Compact to the Articles of Confederation to the Constitution

ANS: A PTS: 1 REF: 56 OBJ: LO5

NOT: Applied

81. The ability of the Constitution to adjust to changing times can be attributed to its __________.

a.	detail and descriptiveness
b.	exactness and broad scope
c.	rigidity and extensiveness
d.	stiffness and inflexibility
e.	brevity and ambiguity

ANS: E PTS: 1 REF: 56 OBJ: LO5

NOT: Conceptual

82. Informal methods of changing the U.S. Constitution include __________.

a.	decisions of state courts, judicial activism, and presidential action
b.	congressional legislation, judicial review, and presidential action
c.	acts of international legislatures, stare decisis, and presidential action
d.	stare decisis, referendums, and judicial review
e.	ad hoc juries, judicial review, and bureaucratic action

ANS: B PTS: 1 REF: 56 OBJ: LO5

NOT: Conceptual

83. Which of the following statements represents an informal method used to adapt the Constitution?

a.	The Supreme Court creates a specialized court to review requests for wiretapping suspected terrorists.
b.	The Supreme Court makes recess appointments to lower federal courts when the president delays confirmation of appointees.
c.	The president delegates to a federal agency the power to write regulations.
d.	Congress suspends civil liberties in a time of war.
e.	Congress passes a law that regulates business conducted between different states because of the commerce clause.

ANS: E PTS: 1 REF: 56 OBJ: LO5

NOT: Applied

84. Although the Constitution provides Congress the power to declare war, presidents have relied on their authority as __________ to send American troops into combat.

a.	commanders in chief of the armed forces
b.	chief executives of the armed forces
c.	chief diplomats of the armed forces
d.	honorary five-star generals
e.	members of the Joint Chiefs of Staff

ANS: A PTS: 1 REF: 56 OBJ: LO5

NOT: Conceptual

85. The power of the Supreme Court to declare acts unconstitutional was established by __________.

a.	the Judiciary Act of 1812
b.	the Seventeenth Amendment
c.	the Judicial Review Act of 1789
d.	Marbury v. Madison
e.	Gibbons v. Ogden

ANS: D PTS: 1 REF: 57 OBJ: LO5

NOT: Factual

86. The Supreme Court adapts the Constitution to modern situations through __________.

a.	formal amendment methods
b.	stare decisis
c.	natural law
d.	judicial review
e.	bills of attainder

ANS: D PTS: 1 REF: 57 OBJ: LO5

NOT: Factual

87. Woodrow Wilson summarized __________ work when he described it as “a constitutional convention in continuous session.”

a.	Congress’s
b.	the executive branch’s
c.	the president’s
d.	the electoral college’s
e.	the Supreme Court’s

ANS: E PTS: 1 REF: 58 OBJ: LO5

NOT: Conceptual

88. The modern process for nominating candidates for office __________.

a.	is the creation of the two major political parties, not the Constitution
b.	reflects the resistance of the Constitution to the ways of doing political business
c.	is detailed in Article II of the Constitution
d.	shows that the founders understood how government would develop over time
e.	suggests how the party system has failed to change the way the president is elected

ANS: A PTS: 1 REF: 58 OBJ: LO5

NOT: Conceptual

89. The Constitution defines who is a citizen and who is entitled to the protections provided by the Constitution because of __________.

a.	Article IV
b.	the Second Amendment
c.	the Tenth Amendment
d.	the Fourteenth Amendment
e.	the Nineteenth Amendment

ANS: D PTS: 1 REF: 59 OBJ: LO5

NOT: Conceptual

90. The right to free expression and the right to assemble to protest the government are __________.

a.	not protected under the current Constitution
b.	protected under the First Amendment
c.	protected under the Second Amendment
d.	protected under the Fourth Amendment
e.	protected under the Fourteenth Amendment

ANS: B PTS: 1 REF: 59 OBJ: LO5

NOT: Conceptual

ESSAY

1. Describe the relationship between unalienable rights and the social contract.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO1

2. “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 Life, 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 abolish it, and to institute new Government.”

Identify the excerpt above and analyze the meaning of each clause in relation to the historical background and the author’s intent.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO1

3. Discuss accomplishments under the Articles of Confederation and how the weaknesses of the Articles made it necessary to come up with a new system of government.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO2

4. Examine the major conflicts at the Constitutional Convention and how they were ultimately resolved.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO3

5. Describe the Virginia plan and the New Jersey plan and discuss which parts of each plan were incorporated into the Constitution.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO3

6. Explain and provide concrete examples of how each branch checks, and is checked by, the other branches of government.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO4

7. Explain and give examples of the processes of constitutional change.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO5

8. Discuss three major constitutional changes that were achieved by amending of the Constitution.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO5

9. Explain at least three specific examples of how the Constitution changed on an informal basis.

ANS:

Student’ answers will vary.

PTS: 1 OBJ: LO5

10. How did the Bill of Rights reflect the framers’ concerns with natural rights to “life, liberty, and the pursuit of happiness,” as defined in the Declaration of Independence?

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO1 | LO5

11. Compare the United States during the time of the founders with the country today. Discuss the changes that have occurred and how the Constitution has been able to adapt over the years.

ANS:

Students’ answers will vary.

PTS: 1 OBJ: LO5

12. Over the past 25 years new Constitutions have been written in countries around the world, either as new governments evolved or as new nations were created. Evaluate the need to update the Constitution to address liberty and freedom today. What political rights should be included for individuals?

ANS:

Students' answers will vary.

PTS: 1 OBJ: LO5