American Government and Politics Today: Essentials 2011 - 2012 Edition, 16th Edition Barbara A. Bardes, Mack C. Shelley, II., Steffen W. Schmidt solutions manual and test bank

American Government and Politics Today: Essentials 2011 - 2012 Edition, 16th Edition Barbara A. Bardes, Mack C. Shelley, II., Steffen W. Schmidt solutions manual and test bank

 

Chapter 2

The Constitution

LEARNING OBJECTIVES

After students have read and studied this chapter they should be able to:

· Explain the impact of events in the early settlements, including Jamestown (representative assembly) and Plymouth (social contract), on later political developments in the colonies.

· Trace the events and circumstances that led to the Revolutionary War.

· Explain the reasons for British attempts to raise revenue.

· Describe the colonial response:

-- Boston Tea Party

-- First Continental Congress

-- Second Continental Congress

-- Common Sense

· Explain the key ideas in the Declaration of Independence, including the concepts of natural rights and consent of the governed.

· Explain the development of the Articles of Confederation.

· Explain the structure of the government created under the Articles of Confederation including Congress.

· Explain the weaknesses of the Articles of Confederation (dependence upon the good will of states, the inability to tax or support a militia, the need for unanimous approval of amendments).

· Explain the impact of Shays’ Rebellion.

· Summarize the events leading to the calling of the Constitutional Convention.

· Explain the problem of representation in Congress, including the Virginia and New Jersey plans.

· Describe the Great Compromise and the Three-Fifths Compromise.

· Explain the attempts at the distribution of power (separation of powers, checks and balances, and the Electoral College).

· Describe the historical context surrounding the drafting and ratification of the Constitution including the motivations of the founders.

· Describe the Bill of Rights.

· Detail the ways in which constitutional amendments are proposed and ratified.

· Describe the informal ways in which Congress, the president, and the courts can change the Constitution.

TOPICS FOR DISCUSSION

Why did the British place restrictions on the colonies?

Does it matter how the term people, as used in the Declaration of Independence, is defined? Did the members of the Second Continental Congress mean all people? What of the rights of women? What of the rights of Native Americans? What of the rights of slaves?

What was one of the major deletions to Jefferson’s first draft of the Declaration of Independence? (Slavery.) Why was this provision deleted? (To gain the support of pro-slavery states.) Does the deletion of the condemnation of slavery statement reduce the impact of the concept of “inalienable rights”? Remember that inalienable means incapable of being transferred to a new owner.

One of the most important powers of a government is to raise revenue. What actions can a government take without money? How does a government make money? (Taxes, selling assets, and borrowing.)

What was the major reason for the Electoral College? (Hint: 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?

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?

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.)

How difficult is it to amend the Constitution? How difficult should it be to make alterations in the Constitution? What are the problems if a constitution is easy to amend? What are the problems if a constitution is difficult to amend? How can the Constitution take on new meanings without formal amendments?

What would have happened without the case of Marbury v. Madison? Would the concept of judicial review have come about? Why is judicial review important?

Which amendments have served to make the Constitution more “democratic”?

What would the founders say about the ability of the president to use a line-item veto on legislation passed by Congress?

What would Madison think about interest groups in modern society?

Would Madison approve of the current two-party system that controls virtually all levels of government in the United States?

BEYOND THE BOOK

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 imbedded in the text of the Constitution that we provide in an appendix to the chapter may be helpful in doing this.

Why did England leave the colonies alone during the century after the first colonial foundations? The answer is in part because England was distracted by its Civil War. Further, the winners of the Civil War were English puritans who were sympathetic to the religious beliefs of the colonists, and for that reason alone unlikely to revoke their practical autonomy. A final point is that initially, at least, the colonies had little economic importance, especially compared to the sugar-producing islands of the West Indies.

A confederation is a difficult concept for most modern Americans to grasp. We have come to think of the United States as a large political unit that has secondary levels of smaller political units (that is, state and local governments). What exists today is a vastly different form of government than what existed under the Articles of Confederation. A modern confederation might look something like the European Union (EU). If you wish, you could provide some details about the EU as an example of a confederation.

The birth of the nation is linked to the date 1776. However, the government as provided by the Constitution did not begin until 1789. Many events occurred between the Revolution and the adoption of the Constitution over a thirteen-year time frame. One way to illustrate this point is to subtract the following:

1789 2011 (or the current year)

- 13 - 13

1776 1994

There have been dramatic changes in the world in the last thirteen years—changes that no one could have correctly predicted thirteen years ago. The same was true for the changes the people in United States encountered in the thirteen years from 1776 to 1789.

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, and other former British possessions such as Canada and Australia adopted such a system. To raise this topic for discussion, it would be necessary to describe to your students, at least briefly, what a parliamentary system is, because many of them may be unclear on the definition (unified government, executive chosen by Parliament). Given the definition, and given the revolutionary-era distrust of powerful governors and preference for the legislature, 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. In the end, having the governor chosen by the people seemed a better way to control the aspirations of holders of that office.

A division of powers clearly was not just Madison’s idea, but a concept with wide support. We mention Montesquieu as a source of these ideas, and his idealized (and somewhat fallacious) vision of the British Constitution as representing the tripartite division doubtless had impact. You could, however, consider making Bernard Bailyn’s point, from The Ideological Origins of the American Revolution, that the true conduit of republican ideas to the colonists was a host of minor Whiggish pamphleteers in England, none of whom are famous today.

Did most Americans support ratification of the Constitution? Most of the delegates to the Constitutional Convention were professionals (thirty-three were lawyers) who were well educated and represented various economic interests. (If we were to analyze the demographic backgrounds of the members of the current Congress and the state legislatures, we would also find many of the same characteristics as those of the founders.) Was the Constitution truly favored by the majority? If we count all the people who participated in comparison to the adult population, the answer would be no. However, if we ask which politician is favored by a majority of the public today, the answer would be none. Even a very popular senator who receives seventy percent of the vote cast in an election cannot claim to be favored by a majority of the public because less than half of the adult population participates in general elections.

CHAPTER OUTLINE

I. The Colonial Background

In 1607, the first permanent English colony was set up in Jamestown, in what is now Virginia. Conditions in the early English settlements were unimaginable by today’s standards. Why were so many people willing to relocate in America?

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 own religious beliefs. The compact they formed set forth the idea of consent of the governed. Although the Plymouth settlers committed themselves to self-government, in other ways their political ideals were different than those embraced later during the Constitutional Convention in 1787. For example, the new community was a religious colony without the ideals of separation of church and state we are accustomed to today.

B. More Colonies, More Government. People in each of the colonies became accustomed to making decisions that affected the internal order of the colony. While 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.

II. British Restrictions and Colonial Grievances

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 Wars (1756–1763).

III. The Colonial Response: The Continental Congresses

A. The First Continental Congress. The colonists began to gradually realize 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 in Philadelphia 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 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.

IV. Declaring Independence

A. The Resolution of Independence. A brief precursor to the Declaration of Independence.

B. July 4, 1776—the Declaration of Independence

1. Universal Truths. The opening text—”We hold these Truths. . . “

2. Natural Rights and a Social Contract. People have natural rights (“unalienable Rights”) including life, liberty, and the pursuit of happiness. These rights are held to be inherent in natural law, not dependent on government. The incorporation of these concepts by Thomas Jefferson in the document reveals the influence of the English philosopher, Jon Locke. Locke had argued that all people possess certain natural rights, including the rights to life, liberty, and property. An important component of the Declaration of Independence was the concept of a social contract—a voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules. Like the Mayflower 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.

3. The Significance of the Declaration. It established the legitimacy of the new nation in the eyes of foreign governments and the colonialists.

V. The Rise of Republicanism

Republican as used here must be carefully distinguished from the current Republican Party. While 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.

VI. The Articles of Confederation: Our 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. The Articles Establish a Government. Under the Articles, the thirteen colonies, now states, established a government of the states—the Congress of the Confederation. The Congress was a unicameral assembly made up of representatives from each state, with each state possessing one vote. Each year, the Congress would select a president from its members, but the Articles did not provide for a president of the United States.

B. Accomplishments Under the Articles. The states consented to give up their land claims to the United States as a whole.

C. 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.

D. Shays’ Rebellion and the Need for Revision of the Articles. Events such as Shays’ 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.

VII. Drafting the Constitution

A. Who Were the Delegates? Establishing a stronger central government would prove to be a very difficult task. A major obstacle was the republicans, who opposed any centralization of power. Those who favored a stronger government became known as Federalists. However, there was no agreement among the Federalists concerning the structure and division of power for this new government.

B. The Working Environment. Some details that humanize the process.

C. Factions among the Delegates. The beliefs of the delegates ranged from the near-monarchism of Hamilton to definite decentralized republicanism. George Washington and Benjamin Franklin were among those who sought a stronger central government. Some of the delegates from New York who were totally against a strong national authority left when they saw the Federalist tenor of the proceedings.

D. Politicking and Compromises.

1. The Virginia Plan. This was actually fairly close to a parliamentary system, with power concentrated in a lower house that was to choose the executive. The major problem with it was that representation was strictly by population, to the disadvantage of 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 representation equal 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, the other with equal representation for each state. In this plan, Congress did not choose the president.

4. The Three-Fifths Compromise. Another compromise concerned the issue of slavery. Many delegates had serious doubts about slavery and wanted it banned entirely. Delegates from the South opposed a ban on slavery and wanted slaves to be counted in determining representation in Congress. Delegates from the North objected. The Three-Fifths Compromise, struck to prevent southern delegates from abandoning the convention, provided that three-fifths of the slaves would be counted (or each slave would count as three-fifths of a person).

5. The Slave Trade and Future of Slavery. A slavery compromise was struck to keep the South from abandoning the convention.

6. 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.

2. The Madisonian Model—Checks and Balances. Each of the three was to check the others. The founders produced a government that did have considerably more power than under the Articles of Confederation. However, it is also clear that these men were distrustful of those who would hold this power and of the people who would select the 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.” Since each branch of government would attempt to gain more power, each branch would serve to check the power of the other two branches. The separation of powers is central to the American political system, but it was not widely adopted when representative democracy began to spread around the world.

3. The Development of the Madisonian Model. In the years since the Constitution was ratified, the checks and balances built into it have evolved into a complex give-and-take among the branches.

4. The Executive. An Electoral College meant that the president was not to be chosen by Congress, but not by a popular vote, either.

VIII. The Final Document

A summary of the results: 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.

IX. The Difficult Road to Ratification

A. The Federalists Push for Ratification. Two opposing forces in the battle over ratification were the Federalists and the Anti-Federalists. The Federalists were in favor of a strong central government and their opponents, called the Anti-Federalists, opposed the new Constitution as drafted, from being ratified.

1. The Federalist Papers. The Federalist Papers were an attempt to persuade the public to support the new form of government. Federalist #10 and Federalist #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. The Anti-Federalist ranks included such patriots as Patrick Henry and Samuel Adams. They argued the viewpoint derived from the French philosopher, Montesquieu that a republic was possible only in relatively small societies governed by a direct democracy or a large legislature with small districts.

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.

X. The Bill of Rights

A. A “Bill of Limits.” The package was assembled by Madison, who culled through almost two hundred state suggestions.

B. Adoption of the Bill of Rights. Contrary to popular belief, the Bill of Rights did not apply to state governments. The restrictions only were applicable 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.

C. The courts have concluded that several of the amendments imply that civil liberties also include a right to privacy, the right to be free of the government’s prying eyes. Balancing this right against the government’s need to protect society from criminal actions has become one of the most significant challenges of our time.

XI. Altering the Constitution: The Formal Amendment Process

The founders realized 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 taken 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 only been 17 amendments, a number which represents 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 this is 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.

XII. Informal Methods of Constitutional Change

While it is very difficult to amend the Constitution, the Constitution has changed through interpretation. Since the case of Marbury v. Madison, 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 including the use of executive agreements can affect the interpretation of the Constitution as well. Key concept: executive agreements are an international agreement between chiefs of state that does not require legislative approval.

C. Judicial Review. Key concept: the power of the courts to declare a law or action unconstitutional, as decided in Marbury v. Madison.

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. 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 grown up to implement it.

XIII. Features

1. What If . . . We Elected Our President by Popular Vote? This feature explores the pros and cons of proposals for election reform that would abolish the Electoral College and provide for the election of the U.S. president by direct popular vote.
2. Politics And...Religion—Just How Christian Were the Founders? While the Declaration of Independence makes no reference to Christ and the word God does not appear in the Constitution, by and large, the founders were devout Christians who opposed mixing church and state.
3. Beyond Our Borders—The Parliamentary Alternative. This piece contrasts the American political system with the British parliamentary system
4. Politics and the Constitution—Why Didn’t the Founders Think That a Bill of Rights Was Necessary? Many of the founders felt that the Constitution already protected individual rights. They also felt it would be dangerous to enumerate specific civil liberties.

E. Which Side Are You On? —Is the Supreme Court Right about Guns? The Second Amendment to the U.S. Constitution is ambiguous. Two interpretations of the Second Amendment are explored along with the outcomes of recent Supreme Court Cases related to gun rights and gun regulations

F. Why Should You Care About the Constitution? What does it have to do with the ordinary person, and how can you make a difference?

Chapter 2—The Constitution

MULTIPLE CHOICE

1. The Jamestown colonists set a political precedent by

a.	allowing the governor to use a line-item veto.
b.	instituting a direct democracy.
c.	instituting a representative assembly.
d.	creating a judicial system.
e.	writing a constitutional document.

ANS: C PTS: 1 REF: 31 TOP: The Colonial Background

2. The major historical and political significance of the Mayflower Compact was that it

a.	served as a prototype for many similar compacts.
b.	was the start of the first settlement in America.
c.	depended on the consent of the individuals involved.
d.	established the colony of Massachusetts.
e.	both a and c.

ANS: E PTS: 1 TOP: The Colonial Background

3. During the colonial period, all of the following developments took place except

a.	the colonists developed a concept of limited government.
b.	the colonists exercised a large measure of self-government.
c.	the colonists adopted a variety of bills, such as the Massachusetts Body of Liberties and the Pennsylvania Charter of Privileges, that protected civil liberties.
d.	Louisiana was established as the last of the colonies.
e.	the colonists acquired crucial political experience.

ANS: D PTS: 1 REF: 32 TOP: The Colonial Background

4. Taxes were imposed on the colonists to

a.	pay for the coronation of King George III.
b.	pay for the establishment of more colonies.
c.	pay the costs of Britain’s defense of the colonies during the French and Indian War.
d.	purchase Canada (Quebec) from the French.
e.	none of the above.

ANS: C PTS: 1 REF: 34

TOP: British Restrictions and Colonial Grievances

5. Taxes that the British attempted to impose in the years leading up to the Revolution included all of the following except

a.	the Sugar Act, which imposed a tax on sugar.
b.	the Stamp Act, which taxed, among other things, legal documents.
c.	duties on glass, lead, and paint.
d.	a tax on tea.
e.	an income tax.

ANS: E PTS: 1 REF: 34

TOP: British Restrictions and Colonial Grievances

6. The colonists’ fury over taxation climaxed in

a.	the French and Indian War.
b.	the First Continental Congress.
c.	the appointment of the president of the United States of America.
d.	the Boston Tea Party.
e.	none of the above.

ANS: D PTS: 1 REF: 34

TOP: British Restrictions and Colonial Grievances

7. The First Continental Congress

a.	was called by the colonies to seek independence from Britain.
b.	called for the abdication of King George III.
c.	asked the colonies to boycott British trade and raise troops.
d.	was ignored by the British.
e.	was only attended by delegates from six colonies.

ANS: C PTS: 1 REF: 34

TOP: The Colonial Response: The Continental Congresses

8. One of the main actions of the Second Continental Congress was

a.	to establish an army and appoint a commander in chief.
b.	to sign a treaty with Britain prohibiting armed conflict.
c.	to sign a treaty with France to declare war on Britain.
d.	the creation of a unitary government in America.
e.	to bring the remaining seven colonies into the congress.

ANS: A PTS: 1 REF: 35

TOP: The Colonial Response: The Continental Congresses

9. Thomas Paine’s pamphlet Common Sense advocated

a.	the formation of a new government that would still be loyal to the king.
b.	the establishment of a government that would limit further immigration.
c.	an end of hostilities toward Britain.
d.	the idea that a government of our own is our natural right.
e.	the repeal of all taxes, including those the colonists had imposed on themselves.

ANS: D PTS: 1 REF: 35

TOP: The Colonial Response: The Continental Congresses

10. The first draft of the Declaration of Independence was written by

a.	J John Locke .
b.	John Adams.
c.	Thomas Jefferson.
d.	George Washington.
e.	Benjamin Franklin.

ANS: C PTS: 1 REF: 35 TOP: Declaring Independence

11. “We hold these Truths to be self-evident, that all Men are created equal” are the first words of

a.	the Constitution of the United States of America.
b.	the Declaration of Independence.
c.	the Magna Charta.
d.	the United Nations Charter.
e.	the Bill of Rights.

ANS: B PTS: 1 REF: 36 TOP: Declaring Independence

12. A voluntary agreement among individuals to secure their rights and welfare by creating a

government and abiding by its rules is called

a.	a confederation.
b.	a social contract.
c.	a syndicate.
d.	a constitution.
e.	natural law.

ANS: B PTS: 1 REF: 36 TOP: Declaring Independence

13. The inalienable rights stipulated in the Declaration of Independence included the right

a.	of free speech and a free press.
b.	to freely associate and assemble.
c.	to life, liberty, and the pursuit of happiness.
d.	to privacy from governmental intervention.
e.	to freedom of religion.

ANS: C PTS: 1 REF: 36 TOP: Declaring Independence

14. Which of the following is not true of the Declaration of Independence?

a.	It listed the colonists’ grievances against England.
b.	It established the United States as a new nation.
c.	Reasons were given for dissolving the tie with Great Britain.
d.	A constitutional government was set up.
e.	It gave the people the rights to life, liberty, the pursuit of happiness and to alter the government if it became destructive of the people’s rights.

ANS: D PTS: 1 REF: 36 TOP: Declaring Independence

15. The term confederation or confederal refers to

a.	a system in which most power is with the central government.
b.	a voluntary association in which states have most of the power
c.	a system in which state and local governments have equal power with the central government
d.	a national legislature.
e.	the southern states where slavery was legal.

ANS: B PTS: 1 REF: 37

TOP: The Articles of Confederation

16. Which of the following was not true of the Articles of Confederation?

a.	Congress was a unicameral body.
b.	The national government did not have an executive branch.
c.	The states retained most of the power.
d.	The president was chosen by Congress.
e.	There was no system of national courts.

ANS: D PTS: 1 REF: 37-38

TOP: The Articles of Confederation

17. Which of the following was a weakness of the Articles of Confederation?

a.	Congress lacked the power to collect taxes directly from the people.
b.	There was no executive branch.
c.	Congress lacked the power to coin money.
d.	Each state had one vote regardless of size.
e.	All the above.

ANS: E PTS: 1 REF: 38-39

TOP: The Articles of Confederation

18. The Constitutional Convention in 1787 was brought on by the

a.	tyranny of the British king.
b.	request of President Washington.
c.	failure of the Articles of Confederation.
d.	publication of the Declaration of Independence.
e.	end of the Revolutionary War.

ANS: C PTS: 1 REF: 39 TOP: Drafting the Constitution

19. At the Constitutional Convention in Philadelphia,

a.	the delegates talked openly with other people to let them know what was happening at the convention.
b.	most delegates represented the poor farmers and the tradesmen.
c.	there were few important leaders of the country in attendance.
d.	all the states were represented.
e.	there were different views among the delegates about the powers that should given to the national government.

ANS: E PTS: 1 REF: 40 TOP: Drafting the Constitution

20. The Virginia Plan

a.	called for a bicameral legislature.
b.	worked to the advantage of small states.
c.	provided for the direct election of a president by the people.
d.	settled all controversy.
e.	both b and d.

ANS: A PTS: 1 REF: 42 TOP: Drafting the Constitution

21. The New Jersey Plan called for all of the following except

a.	Congress to elect several people to form an executive office.
b.	the creation of a new and very powerful central government.
c.	the ability of Congress to regulate trade and impose taxes.
d.	acts of Congress to be the supreme law of the land.
e.	the principal of one state, one vote.

ANS: C PTS: 1 REF: 42 TOP: Drafting the Constitution

22. The supremacy doctrine asserts the superiority of

a.	large states over small states.
b.	non-slave states over slave states.
c.	national law over state law.
d.	natural law over man-made law.
e.	none of the above.

ANS: C PTS: 1 REF: 42 TOP: Drafting the Constitution

23. Under the supremacy clause of the Constitution

a.	state laws cannot conflict with city ordinances.
b.	federal laws cannot conflict with state laws.
c.	state and local laws are superior to the state’s constitution.
d.	local, state, and federal laws cannot conflict with the Constitution.
e.	none of the above.

ANS: D PTS: 1 REF: 42 TOP: Drafting the Constitution

24. The Great Compromise

a.	was advanced by the delegates from Georgia.
b.	proposed a bicameral legislature with equal representation in the Senate.
c.	was presented too late to be considered.
d.	was proposed by Texas.
e.	proposed a unicameral legislature in which each state would have one vote.

ANS: B PTS: 1 REF: 42-43 TOP: Drafting the Constitution

25. The three-fifths compromise did all of the following except

a.	illustrate the power of the southern states at the convention.
b.	partially apportion the House of Representatives and the Electoral College on the basis of the property.
c.	give African Americans representation that was equal to what free white received.
d.	give more voting power to southern slave owners.
e.	fail to address the slave trade directly.

ANS: C PTS: 1 REF: 43 TOP: Drafting the Constitution

26. All of the following were compromises in the Constitution except that

a.	there was no ban on the importation of slaves before 1808.
b.	there were to be no export taxes on goods leaving the United States.
c.	slavery was outlawed.
d.	representation in the House of Representatives was based on a state’s population.
e.	states were equally represented in the Senate.

ANS: C PTS: 1 REF: 43 TOP: Drafting the Constitution

27. The United States of America is among the few countries that do not tax their exports because

a.	it does not need the money.
b.	it encourages exports.
c.	the South obtained a promise that export taxes would not be imposed.
d.	the World Trade Organization prohibits it from doing so.
e.	the president of the United States of America vetoed the bill.

ANS: C PTS: 1 REF: 44 TOP: Drafting the Constitution

28. The concept of separation of powers was included in the Constitution to prevent

a.	disputes between the federal and state governments.
b.	the imposition of export taxes.
c.	a major dispute over power between the House and the Senate.
d.	disputes over power between Congress and the president.
e.	tyranny either of the majority or the minority.

ANS: E PTS: 1 REF: 44 TOP: Drafting the Constitution

29. Which of the following in NOT correct under the concept of separation of powers?

a.	The president executes and carries out the law.
b.	The Supreme Court uses judicial review.
c.	The legislative branch’s job is lawmaking.
d.	Congress has the right to interpret the law.
e.	None of the above is correct.

ANS: D PTS: 1 REF: 44-45 TOP: Drafting the Constitution

30. The concept of checks and balances allows

a.	each branch of the government to be able to check the actions of the others.
b.	the president to veto judicial decisions.
c.	the president to pass laws during a time of crisis.
d.	Congress the power to select justices of the Supreme Court.
e.	both a and c.

ANS: A PTS: 1 REF: 44-45 TOP: Drafting the Constitution

31. .The group that actually elects the president of the United States is called

a.	the Presidential Election Commission.
b.	the Congressional Election Forum.
c.	the Association of State Legislatures.
d.	the Electoral College.
e.	the Electorate at Large.

ANS: D PTS: 1 REF: 46 TOP: Drafting the Constitution

32. The Constitution that was to be ratified established the following fundamental principles except

a.	popular sovereignty, or control by the people.
b.	a republican government in which the people choose representatives to make decisions for them.
c.	limited government with written laws.
d.	a federal system that allows for states’ rights, because the states feared too much centralized control.
e.	presidential infallibility.

ANS: E PTS: 1 REF: 47 TOP: The Final Document

33. Compared to the Articles of Confederation, the federal government under the Constitution is

a.	stronger .
b.	weaker.
c.	unchanged.
d.	more like Great Britain’s constitution.
e.	little different from the Articles.

ANS: A PTS: 1 REF: 46 TOP: The Final Document

34. Ratification of the Constitution was to occur by

a.	approval of the thirteen state legislatures.
b.	approval by nine out of thirteen state conventions.
c.	approval of the thirteen state legislatures and two-thirds of Congress.
d.	approval by popular vote in nine states.
e.	none of the above.

ANS: B PTS: 1 REF: 47

TOP: The Difficult Road to Ratification

35. The Federalists advocated

a.	the status quo.
b.	return to the Articles of Confederation.
c.	ratification of the new Constitution.
d.	strong state government system.
e.	both a and b.

ANS: C PTS: 1 REF: 47

TOP: The Difficult Road to Ratification

36. The Anti-Federalists advocated

a.	the status quo.
b.	a strong central government.
c.	the new Constitution.
d.	an end to slavery.
e.	both b and c.

ANS: A PTS: 1 REF: 47

TOP: The Difficult Road to Ratification

37. The Bill of Rights was important for ratification of the Constitution because

a.	all state constitutions had such rights, and this would have made the U.S. Constitution void without a national bill.
b.	such rights were stipulated in the Articles of Confederation.
c.	some states would not have voted to ratify the Constitution without the promise of the Bill of Rights
d.	none of the above.
e.	all of the above

ANS: C PTS: 1 REF: 48 TOP: The Bill of Rights

38. The Bill of Rights provided for

a.	the protection of individual liberties from state governments.
b.	the protection of individual liberties from the national government.
c.	equal protection under the law.
d.	Protect protection against state infringements on the freedoms of conscience, the press, and jury trial.
e.	both b and d.

ANS: B PTS: 1 REF: 50 TOP: The Bill of Rights

39. The Bill of Rights is an example of the way in which government power is

a.	dictatorial.
b.	limited.
c.	delegated to the states.
d.	without controls.
e.	always right.

ANS: B PTS: 1 REF: 51 TOP: The Bill of Rights

40. A constitutional amendment can be proposed by

a.	Nata national convention called by Congress at the request of two-thirds of the state legislatures.
b.	a two-thirds vote in each chamber of Congress.
c.	the legislatures in two-thirds the states.
d.	a majority vote in both chambers of Congress, provided the amendment is not vetoed by the president.
e.	a and b.

ANS: E PTS: 1 REF: 53 TOP: Altering the Constitution

41. A constitutional amendment can be ratified by

a.	a positive vote in conventions in three-fourths of the states.
b.	a positive vote in the legislatures of three-fourths the states.
c.	a two-thirds vote in both houses of Congress.
d.	the legislatures in two-thirds of the states.
e.	a and b.

ANS: E PTS: 1 REF: 53 TOP: Altering the Constitution

42. Which groups are involved in proposing and ratifying amendments to the Constitution?

a.	The states, the president, and Congress
b.	The Senate, the Supreme Court, and the House of Representatives
c.	Congress, the president, and the people
d.	The Senate, the House of Representatives, and the states
e.	The House of Representatives, the president, and the Senate

ANS: D PTS: 1 REF: 53 TOP: Altering the Constitution

43. The only method used so far to propose an amendment to the Constitution is

a.	the popular vote of the people.
b.	a two-thirds vote in favor of it by both houses of Congress.
c.	state legislatures or conventions in three-fourths of the states.
d.	a national convention.
e.	a proposal by the president.

ANS: B PTS: 1 REF: 53 TOP: Altering the Constitution

44. Judicial review is

a.	a method by which the president can check the judiciary.
b.	the process of confirmation of federal judges by Congress.
c.	the ability of the courts to declare acts of the legislative and executive branches of government unconstitutional.
d.	not applicable to actions by state governments.
e.	none of the above.

ANS: C PTS: 1 REF: 56-57

TOP: Informal Methods of Constitutional Change

45. The voting age of eighteen was set by

a.	Congress.
b.	the Constitution.
c.	political parties.
d.	the Supreme Court.
e.	the states.

ANS: B PTS: 1 REF: 55 TOP: The Constitution

46. According to Federalist #51, it is important to guard the society against the oppression of

a.	the rulers.
b.	the majority.
c.	foreign nations.
d.	the wealthy classes.
e.	both a and b.

ANS: E PTS: 1 REF: 56-57 TOP: Appendix C: Federalist #51

47. Informal methods of constitutional change include

a.	Congress proposing an amendment with a three-fourths majority of both houses.
b.	state governments changing their constitutions to give them supremacy.
c.	the use of judicial review by the courts.
d.	state governments agreeing to hold conventions to amend the Constitution.
e.	all of the above.

ANS: C PTS: 1 REF: 56-57

TOP: Informal Methods of Constitutional Change

48. The power of the Supreme Court to declare actions of the other branches of government to be unconstitutional is known as

a.	judicial review.
b.	judicial activism.
c.	legislative ratification.
d.	the supremacy doctrine.
e.	the Madisonian model.

ANS: A PTS: 1 REF: 57

TOP: Informal Methods of Constitutional Change

49. The right to carry a gun in places like school campuses and churches is

a.	addressed by the First Amendment to the Constitution.
b.	addressed by the Second Amendment to the Constitution.
c.	addressed by the Fifth Amendment to the Constitution.
d.	addressed by the Eighth Amendment to the Constitution.
e.	not addressed by the Constitution.

ANS: B PTS: 1 REF: 30

TOP: What If...Guns Were Allowed on Campus?

50. International agreements between the president and other nations that do not require the approval of the Senate are known as

a.	treaties.
b.	executive agreements.
c.	contracts.
d.	memoranda of understanding.
e.	executive orders.

ANS: B PTS: 1 REF: 57

TOP: Informal Methods of Constitutional Change

ESSAY

1. Explain what impact the institutions established in the early American settlements had on the structure and operation of later governments in America.

ANS:

Students’ answers may vary.

PTS: 1 REF: 31-32 TOP: The Colonial Background

2. Explain the structure of the government formed under the Articles of Confederation. How did the shortcomings of this structure necessitate the Constitutional Convention?

ANS:

Students’ answers may vary.

PTS: 1 REF: 37-40 TOP: The Articles of Confederation

3. Describe the controversy surrounding the slavery issue. How was this resolved at the Constitutional Convention?

ANS:

Students’ answers may vary.

PTS: 1 REF: 43-44 TOP: Drafting the Constitution

4. Describe the concepts of separation of powers and checks and balances and explain why the Founding Fathers included these concepts in the framework of the Constitution.

ANS:

Students’ answers may vary.

PTS: 1 REF: 44-46 TOP: Drafting the Constitution

5. Describe the methods of Constitutional amendment.

ANS:

Students’ answers may vary.

PTS: 1 REF: 52-55 TOP: Altering the Constitution

6. Compare and contrast the structures of government formed under the Articles of Confederation and the U.S. Constitution. How are the colonists’ historical experiences reflected in each document? How did the weaknesses of the Articles lead to a different structure in the Constitution?

ANS:

Students’ answers may vary.

PTS: 1 REF: 35-46 TOP: The Articles of Confederation

7. At the Constitutional Convention, several compromises were made to garner the support of various states. Describe these compromises and the debates that surrounded them.

ANS:

Students’ answers may vary.

PTS: 1 REF: 41-44 TOP: Drafting the Constitution

8. Describe the controversy surrounding the slavery issue. How was this resolved at the Constitutional Convention?

ANS:

Students’ answers may vary.

PTS: 1 REF: 42-46 TOP: Drafting the Constitution

9. The Constitution’s ratification process included arguments for and against ratification by Federalists and Anti-Federalists, respectively. Describe and evaluate the arguments expressed by both of these groups.

ANS:

Students’ answers may vary.

PTS: 1 REF: 47-50 TOP: The Difficult Road to Ratification

10. The process of amending the U.S. Constitution is an intentionally difficult one. Yet those in each branch of government have found ways in which the Constitution can be changed informally. Describe the methods, both formal and informal, of constitutional change.

ANS:

Students’ answers may vary.

PTS: 1 REF: 56-58 TOP: Altering the Constitution