CONSTITUTION ASSESSMENT THE LIVING CONSTITUTION ASSESSMENT MAIN IDEAS MAIN IDEAS Article 1. The Legislature 1. Why does the legislative branch of the government represent the people most directly? What is the principal job of this branch? 2. Why are there more members of the House of Representatives than of the Senate? 3. Name four powers Congress has. 4. What powers are denied to Congress? to the states? 1. House members are elected from congressional districts and Senate members from each state. The legislature makes laws. 2. The number of representatives is based on population, while each state has two senators only. 3. To tax, borrow money, regulate commerce, coin money, establish post offices, create federal courts, declare war, raise armed forces, make laws 4. Congress may not: suspend habeas corpus, illegally punish people, levy direct taxes, levy export taxes on goods from any state, show preference among states, take money illegally from the treasury, or confer titles of nobility. States may not: use any powers listed in Article 1, Section 10, for example, enter treaties on their own, coin money, illegally imprison people, levy import/ export taxes, or engage in war on their own. 5. To carry out the laws made by Congress 6. The electoral college, by vote of the states’ electors 7. If convicted of a crime before election time 8. The president nominates them; the Senate approves them. 9. Those appealed from lower courts; not to hear a case means that the lower court ruling stands with no further appeal. 10. It exemplifies cooperation among the states. 11. Three-fourths of the states, or 38 states. Answers about why may vary but should reflect the gravity of the amendment process. 12. It makes the Constitution the supreme law of the land. All laws at every level of government are bound to uphold the Constitution. 13. No, there are limits. For example, you may not yell, “Fire!” in a crowded theater, causing a riot. 14. The Twenty-seventh Amendment. It prevents members of Congress from using taxpayer’s money for their own gain. Article 2. The Executive 5. What is the main function of the executive branch? 6. Who officially elects the president of the United States? Explain. 7. How can the president lose his or her job before election time? Article 3. The Judiciary 8. How are Supreme Court justices appointed? 9. What kinds of cases go before the Supreme Court? Why is the Court’s decision whether to hear a case important? Article 4. Relations Among States 10. To extradite is to send a fugitive back to the state in which he or she is accused of committing a crime. How is this an example of relations among states? Article 5. Amending the Constitution 11. How many states must ratify an amendment for it to become part of the Constitution? Why do you think it takes that many? Article 6. Supremacy of the National Government 12. How does Article 6 establish the supremacy of the Constitution? VISUAL SUMMARY The Amendments 13. Does the First Amendment allow complete freedom of speech—the right to say anything you want at any time, anywhere? Explain your answer. 14. What is the newest amendment? What protection does that amendment give to the American people? THINKING CRITICALLY 1. TAKING NOTES The powers of the federal government are separated among the three branches. Create a chart like the one below that shows how the Constitution’s framers used checks and balances to ensure that no one branch of the government could become too much stronger than the others. Executive Legislative Judicial 2. MAKING INFERENCES How does the Constitution reflect the fear of too strong a central government? 3. EVALUATING The Bill of Rights guarantees a defen- dant a speedy, public trial. Do you think it is being observed today? Explain. 4. ANALYZING MOTIVES Why did the framers make it so difficult to amend the Constitution? Do you agree or disagree with their philosophy? Explain. 5. DEVELOPING HISTORICAL PERSPECTIVE The Fifteenth, Nineteenth, and Twenty-sixth amendments give voting rights to specific groups. Why was it necessary for Congress to spell out these groups’ rights in amendments? THE LIVING CONSTITUTION ARTICLE 2 THE EXECUTIVE ARTICLE 4 RELATIONS AMONG STATES ARTICLE 1 THE LEGISLATURE ARTICLE 5 AMENDING THE CONSTITUTION THE AMENDMENTS ARTICLE 3 THE JUDICIARY 106 THE LIVING CONSTITUTION CRITICAL THINKING 106 THE LIVING CONSTITUTION 1. Executive: Checks legislative with vetoes; checks judicial with appointments and reprieves or pardons. Legislative: checks executive with controls on spending, veto override, impeachment; checks judicial with lower courts and impeachment. Judicial: checks executive and legislative by declaring their acts unconstitutional. 2. The Constitution divides powers among three branches and provides checks by each branch on the others. 3. It is observed today in principle, but the process of honoring a defendant’s rights does slow down legal procedures. 4. They did not want the opinion of the times to prompt changes in the law of the land without a great deal of thought. 5. Original voters were white, male property owners. Each of the groups not franchised had to fight for its rights. THE LIVING CONSTITUTION Standardized Test Practice Standardized Test Practice Use the cartoon and your knowledge of U.S. history to answer question 1. Use the quotation and your knowledge of U.S. history to answer question 2. “ [The president] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States . . .” —U.S. Constitution, Art. 2, Sec. 2, part 2 2. The passage describes checks on the power of— “It’s awful the way they’re trying to influence Congress. Why don’t they serve cocktails and make campaign contributions like we do?” F G H J the the the the president. Senate. judiciary. states. 3. Which of the following must ratify Constitutional amendments? 1. In the Constitutional Convention, the framers adopt- A B C D ed certain principles to be embodied in the Constitution. Which of the following Constitutional principles does the cartoon support? A The federal government’s power should be Congress the people the states the president STITUTION CON divided into separate branches. B The federal government should be stronger than the state governments. ADDITIONAL TEST PRACTICE, pages S1–S33. C The federal legislature should be responsive to the will of the people. D The legislature and the president should check TEST PRACTICE each other’s power. CLASSZONE.COM ALTERNATIVE ASSESSMENT 1. Imagine that it is 1787, and you are a citizen of one of the original thirteen states. Your vote is necessary to ratify the new Constitution that has been approved by the convention in Philadelphia. You have studied the seven articles and listened to spirited discussions about how you and your state will be affected. Write a journal entry in which you express your views about this document that is so important for the new United States. Make sure you include references to what you have read and heard about the Constitution. 2. IINTERNET ACTIVITY 1. The correct answer is letter C. The people are asking Congress for help. Letters A, B, and D are incorrect because the cartoon has nothing to do with the relationship between branches of government. 2. The correct answer is letter F. The Senate checks the power of the president to make appointments. The letters G, H, and J are incorrect because the passage does not refer to a check on their power. 3. The correct answer is C. Amendments are ratified by state legislatures. The letters A, B, and D are incorrect because neither Congress, the president, nor the people are involved directly in the ratification process. CLASSZONE.COM Visit the links for Chapter Assessment to learn more about how bills become law. Because of the process by which bills become laws, problems may occur when the president and a majority of members of Congress are from different political parties. Using the Internet, research bills that were proposed by the president but became stalled in Congress because of party differences. Then divide into groups and do the activity. P R O J EC T RESEARCHING A CONSTITUTIONAL QUESTION Project Presentation Rubrics The constitutional question research should . . . • clearly state the constitutional issue chosen for study • identify questions researched • include citations from Supreme Court cases about the issue • present a bibliography of sources consulted Cooperative Learning Activity Have each group research a different bill. Try to follow the debate and see how party differences affected the discussion. Did the bill pass and become law? Present your findings to the class. REVIEW UNIT 107 Formal Assessment • Living Constitution, Test Forms A, B, and C, pp. 47–55 ALTERNATIVE ASSESSMENT JOURNAL ENTRY INTERNET ACTIVITY Rubric The journal entry should. . . Rubric The report should. . . • reflect the student’s understanding of basic concepts • include references to what the student has read and heard about the Constitution • clearly state the student’s views on the Constitution • reflect a basic understanding of how the lawmaking process worked regarding the specific bill researched • present information in a logical, interesting sequence • discuss the fate of the bill The Living Constitution 107
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