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Citizenship Handbook
and
United States
Constitution
For more than 200 years, the
United States has flourished.
As citizens we enjoy the
rewards of our system of
government, but we also
have certain responsibilities.
Through our participation,
this system will continue to
provide the blessings of life,
liberty, and the pursuit of
happiness.
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SECTION 1
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A Lasting Plan of Government
SETTING
SCENE
GUIDE TOTHE
READING
Read to Learn . . .
Main Idea
The Constitution was designed to
adapt to changing needs and provide
an enduring plan of government.
★ what goals shape the Constitution.
★ how the Constitution is organized.
★ how amendments to the Constitution
have expanded American democracy.
Reading Strategy
Terms to Know
Organizing Information As you read about
the Constitution, list the document’s goals
in a diagram such as the one shown here.
★
★
★
★
★
Goals
T
he Constitution is the nation’s most
important document. Written in 1787, it set
up a system of government that has
weathered crisis and change for more than
200 years. Its priceless heritage is its ability to adapt, or change, while preserving
the basic form of American government.
★The Constitution
The Constitution is the basic law of the
United States. Although it is a relatively
short document, it manages to accomplish
a great deal in very few words.
The Constitution’s most obvious purpose was to provide a framework for the
United States government. The Constitution does more than outline the structure
of our government, however. As the highest authority of the nation, it has legal and
political force. The power of all the
Preamble
article
checks and balances
amendment
federalism
branches of government and all elected
officials, even the President, comes from
the Constitution.
The Preamble
The Constitution begins with an introduction, or Preamble. The Preamble identifies
ideas that the government stands for and
states the purpose of the Constitution.
“
We, the people of the United
States, in Order to form a
more perfect Union, establish
Justice, insure domestic
Tranquility, provide for the
common defence, promote
the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish
this Constitution for the
United States of America.
”
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277
The Articles
Following the Preamble, the Constitution is broken into seven parts, or articles.
The Founders saw the Constitution as a
contract between people and their government. The seven articles set forth the
terms of the contract. The first three articles describe the powers and responsibilities of the three branches of government.
Article I
STUDENTS VIEW ORIGINAL CONSTITUTION
The Goals
The middle of the Preamble lists six
goals for the United States government:
1. To “form a more perfect Union”—to
allow the states to operate as a single
country, for the benefit of all
2. To “establish Justice”—to make certain
that all citizens are treated fairly and
equally
3. To “insure domestic Tranquility”—to
keep peace among the people
4. To “provide for the common
defense”—to maintain armed forces to protect the country and its citizens from attack
5. To “promote the general Welfare”—to
ensure, as much as possible, that citizens
will be free from poverty, hunger, and
disease
6. To “secure the Blessings of Liberty to
ourselves and our Posterity”—to guarantee that no American’s basic rights will be
taken away, now or in the future (Posterity
means generations not yet born.)
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Citizenship Handbook and United States Constitution
Article I states that a Congress made
up of two houses—the Senate and the
House of Representatives—will carry out
the legislative duties of government. The
article then describes how each house
will be organized and how its members
will be chosen.
The article also lists the powers given
to Congress, including the power to tax,
to regulate trade, to coin money, and to
declare war. Following this list is another that tells what powers are denied to
Congress.
Article II
Article II deals with the executive
branch and provides for a President and
Vice President to carry out the duties of
this branch. The article explains how
these two leaders are to be chosen. It then
goes on to list the President’s powers,
including the power to command the
armed forces, to make treaties with other
nations, and to pardon criminals. The
President also has the power to appoint
certain government officials. Under the
system of checks and balances, however,
the Senate must approve these appointments. The system of checks and balances
is explained in detail in the next section of
the Handbook.
Article III
Article III gives the judicial powers of
government to a Supreme Court and other
federal courts. The President appoints the
judges of these courts. These judges serve
for life or, in the words of the Constitution,
“during good behavior.” Article III states
that the courts will have the power to
judge “all cases . . . arising under this Constitution.” This statement allows the
Supreme Court to prevent the other
branches from violating the Constitution.
Articles IV–VII
Article IV explains the relationship
between the states and the national government. Article V specifies how the
Constitution can be changed. Article VI
discusses general provisions about the
government. Article VII states that the
Constitution will go into effect after nine
states ratify it.
★ Amending the
Constitution
Any change in the Constitution is called
an amendment. Article V of the Constitution explains the two steps in the amendment process: An amendment must first
be proposed, and then it must be ratified.
An amendment may be proposed in
either of two ways: by vote of two-thirds
of the members of both houses of Congress or by a national convention. Twothirds of the state legislatures must
request a national convention. (Such a
convention has never been called.)
seven-year time limit. If three-fourths of
the states have not approved an amendment by this time, it dies. Congress, however, can extend the time limit.
★ Bill of Rights
The Constitution describes the powers
and authority of the national government.
The first 10 amendments to the Constitution, known as the Bill of Rights, describe
the powers and rights of American citizens. These amendments, ratified in 1791,
reflect the belief of the Framers of the
Constitution in the principle of limited
government. The amendments place strict
limits on how the national government
can use its power over the people.
First Amendment
The First Amendment is probably the
best known and most cherished part of the
Bill of Rights. It protects five basic freedoms
that are essential to the American way of
life: freedom of religion, speech, the press,
assembly, and to petition the government.
Second Amendment
The Second Amendment guarantees
Americans the right to serve in a state
militia and to bear arms.
Ratifying Amendments
Third Amendment
Once an amendment has been proposed, three-fourths of the states must ratify it. The states have two ways to ratify
an amendment: either by a vote in each
state legislature or by calling special state
conventions. Only one amendment, the
Twenty-first Amendment, was ratified by
means of state conventions. Since 1789
more than 9,000 amendments have been
proposed. Only 27 have been ratified.
In addition to deciding which ratification method will be used, Congress also
sets a time limit on ratification. Since the
early 1900s, Congress has called for a
The Third Amendment limits the
power of the national government to force
Americans to quarter, or house, soldiers.
In peacetime, soldiers may not move into
private homes except with the owner’s
consent. In times of war, the practice is
also prohibited unless people are requested to do so by law.
Fourth Amendment
The Fourth Amendment, sometimes
known as the Privacy Amendment, protects Americans against unreasonable
searches and seizures.
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279
The Amendment Process
Proposal
Amendment
proposed by
vote of twothirds of
members of
both houses
of Congress
or
Amendment
proposed by
national
convention
called at the
request of
two-thirds of
state
legislatures
Ratification
After
approval by
three-fourths
of state
legislatures
or
New
amendment
to the
Constitution
Amending the
Constitution helps
it adapt to
changing times.
What role do the
states play in the
amendment
process?
After
approval by
three-fourths
of ratifying
conventions
held in each
state
Fifth Amendment
The Fifth Amendment protects the
rights of people accused of a crime. The
amendment states that no one can be put
on trial without first being indicted, or
formally accused, by a group of citizens
called a grand jury.
The Fifth Amendment also protects
people from double jeopardy. This means
that people who are accused of a crime
and judged not guilty may not be put on
trial again for the same crime.
In addition, the Fifth Amendment protects an accused person’s right to remain
silent. It guarantees that people cannot be
forced to testify against themselves.
The Fifth Amendment states that no
one may be denied life, liberty, or
property without due process of law.
This means following procedures established by law and guaranteed by the
Constitution.
Finally, the Fifth Amendment also protects a person’s property rights. It limits
the government’s power of eminent
domain. Eminent domain is the right of
government to take private property (usually land) for public use.
Footnotes to History
The Latest Change The most recent amendment to be added to the Constitution
was the Twenty-seventh Amendment. It was proposed on September 25, 1789, but
not ratified until May 7, 1992. This amendment prevents Congress from passing
immediate salary increases for itself. It delays congressional pay raises until after
the next election. Congress passed the amendment in 1789 and sent it to the states
for ratification. Because no time limit was set for its ratification, the proposal did
not become part of the Constitution until Michigan became the 38th state to ratify
it, 202 years later.
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Citizenship Handbook and United States Constitution
Sixth Amendment
The Sixth Amendment guarantees
additional rights to people accused of
crimes. It requires that they be told the
exact nature of the charges against them.
It also requires that the accused be
allowed a trial by jury. A person, though,
may ask to be tried only by a judge.
Accused individuals must have the
right to hear and question all witnesses
against them. They must also be permitted to call witnesses in their own defense.
Finally, they are entitled to have a lawyer.
Since the amendment was written, the
Supreme Court has ruled that if an
accused person cannot afford to hire a
lawyer, the government must provide
one. The government will pay the fees of
this court-appointed lawyer.
Seventh Amendment
The Seventh Amendment guarantees
the right to a jury trial in civil cases if the
amount of money involved is more than
$20. It does not, however, require a trial.
Both sides may decide to have their dispute settled by a judge instead.
Eighth Amendment
The Eighth Amendment forbids excessive bail—that is, an amount that is much
too high. The Eighth Amendment also
forbids “cruel and unusual punishments.” For many years, Americans have
debated what this really means. It is generally agreed that it means that punishment should be in proportion to the crime
committed.
Ninth Amendment
The Ninth Amendment makes clear
that the rights spelled out in the Constitution are not the only rights of the
American people.
Tenth Amendment
The Tenth Amendment is also a
reminder of what the Constitution does
not say. In this case, it concerns the principle of federalism. Federalism is a system
of government in which the power to govern is shared between the national government and the states. The Constitution
talks about certain powers of national and
state governments. Many other powers of
government—such as the power to set up
schools or to license lawyers—are not
mentioned at all.
Under the Tenth Amendment, any
powers the Constitution does not specifically give to the national government are
reserved for the states or for the people.
Assessment★
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SECTION1 1★ASSESSMENT
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Checking for Understanding
1. Define Preamble, article, checks and balances, amendment, federalism.
2. Why have amendments been added to the
Constitution?
into which the United States Constitution is
organized.
Constitution
Critical Thinking
3. Interpreting Primary Sources Study the Preamble to the Constitution. Why might this
sentence encourage good citizenship?
4. Summarizing Create a diagram similar to the
one shown here, and list the major sections
INTERDISCIPLINARY ACTIVITY
5. Citizenship Photograph scenes in your
community that show the freedoms guaranteed in the Bill of Rights. Put your photos
on a poster entitled “The Face of Liberty.”
Citizenship Handbook and United States Constitution
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SECTION 2
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Five Principles of
the Constitution
GUIDE TO READING
Main Idea
The drafters of the Constitution tried
to balance the notion of liberty with a
strong government.
Reading Strategy
Classifying Information As you read about
the principles of the Constitution, use a
chart such as the one shown here to list and
explain each principle of the Constitution.
Principles of Constitution
Read to Learn . . .
★ what five principles guided the Framers
of the Constitution.
★ how national and state governments
share power.
★ how power is divided in the federal
government.
★ how the system of checks and balances
works.
Terms to Know
★ liberty
★ popular sovereignty
★ representative
democracy
★ direct democracy
T
he nation’s Founders respected liberty, or the freedom of people to live as
they choose. Experience had taught them,
however, that people do not always choose
wisely or fairly. Therefore, they wanted to
create a government strong enough to control acts of selfishness or injustice.
To balance liberty with a strong government, the Founders relied on five principles, or rules. These principles include:
popular sovereignty, limited government, federalism, separation of powers,
and checks and balances.
★ Popular Sovereignty
The Declaration of Independence says
government gets its power from “the con-
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★
★
★
★
electoral college
tyranny
federalism
veto
sent of the governed.” This idea is the basis
for the principle of popular sovereignty.
Sovereignty means “authority,” and popular
means “of the people.” So popular sovereignty is the “authority of the people.” In
other words, the people hold the final
authority, or ruling power, in government.
Indirect Rule
In 1787 popular sovereignty was a controversial idea. Even the Framers wanted
to avoid giving the people too much
power. They did not want to encourage
mob rule, or rule by a lawless mass of people. The Framers also worried that smaller, less powerful groups might suffer. As a
result, they established a representative
democracy. In this type of government,
people elect leaders or officials to make
decisions for them.
A representative democracy allowed the
government to grow. Even in the late 1700s,
the United States had too many people for
everyone to take part directly in decision
making. As the nation grew, direct democracy—decision making by all the people—
would have been even more impossible.
A Growing Voice
The Constitution as written by the
Founders allowed the people to vote
directly for members of the House of Representatives in Congress. State legislatures, however, chose members of the
Senate. As a result, the people—who
elected their state legislatures—voted
indirectly for their senators.
The Founders also set up a system for
indirect election of the President. Each state
was to choose a group of officials called
electors according to a method decided by
the state legislature. The electors would
meet to vote on the state’s choice for President. This system of indirect election of the
President is called the electoral college.
Over time, American voters demanded
a greater role in government. In 1913, the
Seventeenth Amendment ended the indirect election of senators. Now people vote
directly for members of both houses of
Congress. The electoral college, however,
still chooses the President even though
citizens also vote for this office.
Over the past 200 years, more people
have won the right to vote. In the late 1700s,
only white male property owners over age
21 could vote. Today all eligible citizens
over age 18 can take part in elections.
★ Limited Government
While the Founders wanted a government stronger than the one under the
Articles of Confederation, they also wanted to guard against tyranny, or cruel and
unjust rule. To meet these aims, the
The Federal System
Powers of the
National
Government
• Regulate interstate and
foreign trade
• Raise and support armed
forces
• Declare war and make peace
• Coin and print money
• Grant patents and copyrights
• Establish federal courts
• Govern territories
and admit new states
• Set standards of weights
and measures
• Establish a postal system
• Regulate immigration
Powers Shared by
National and State
Governments
• Collect taxes
• Borrow money
• Make and enforce
laws
• Establish and
maintain courts
• Charter banks
• Provide for public
welfare
Powers Reserved
for State
Governments
• Regulate trade within
the state
• Write business/corporation
laws
• Establish and maintain
public schools
• Set up local governments
• Pass marriage and divorce
laws
• Conduct elections
• Ratify constitutional
amendments
The Constitution's
principle of
federalism divides
power between
state and national
levels. If you
attend a public
university, will it
be supported by
the national or
by a state
government?
Citizenship Handbook and United States Constitution
283
System of Checks and Balances
I
EXECUT VE
BRANCH
Checks on
Judicial Branch:
• Appoints federal
judges
• Can grant
pardons to
federal offenders
President Carries Out the Law
Checks on
Executive Branch:
• Can declare
executive actions
unconstitutional
JUDICIAL
Checks on
Legislative Branch:
• Can propose laws
• Can veto laws
• Can call special sessions
of Congress
• Makes appointments to
federal posts
• Negotiates foreign
treaties
Checks on
Executive Branch:
• Can override presidential
veto
• Confirms executive
appointments
• Ratifies treaties
• Can declare war
• Appropriates money
• Can impeach and
remove President
The system of
checks and
balances makes
certain that none
of the three
branches becomes
too powerful.
What check
does the judicial
branch have on
Congress?
LATIVE
LEGIS
BRANCH
BRANCH
Checks on
Judicial Branch:
• Creates lower federal
courts
• Can impeach and
remove judges
• Can propose
amendments to overrule
judicial decisions
• Approves appointments
of federal judges
Supreme Court
Interprets the Law
Checks on
Legislative Branch:
• Can declare acts
of Congress unconstitutional
Framers set up a limited government, or
one that does not have absolute authority.
The biggest limit on government is the
Constitution. The Constitution spells out
clearly what the members of each branch
of government can and cannot do. If leaders overstep their power, the Constitution
tells how they may be removed.
In addition, the Constitution denies certain powers to government. Article I, Section 9, specifically names things the
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Congress Makes
the Law
Citizenship Handbook and United States Constitution
federal government cannot do. Article I,
Section 10, includes a list of things state
governments cannot do.
★ Federalism
The Framers believed that the best way
to prevent the government from abusing
power was to divide it. Therefore, they
divided and spread authority in several
different ways. One way was to divide
authority between the national government and state governments. This sharing
of power between different levels of governments is known as federalism.
Division of Powers
To prevent arguments between federal
and state governments, the Framers delegated, or assigned, certain powers to the
federal government. They also reserved, or
saved, certain other powers to the states.
Finally, they listed concurrent, or shared,
powers that both the federal and state governments could exercise. The federal system chart identifies each of these powers.
The Supremacy Clause
In a federal system, the laws of a state
and the laws of the national government
may conflict. To deal with this possibility,
the writers of the Constitution included
the supremacy clause. Found in Article VI,
the supremacy clause states that the Constitution and the laws of the national government are the “supreme law of the
land.” In any conflict between national
law and state law, the national law has the
higher authority.
★ Separation of Powers
Although the Framers took power
from the states, they did not give it to
the national government unchecked. To
prevent the national government from
abusing its power, the Framers divided
it among three branches. Each branch
holds part of the power of government.
The legislative branch makes the laws.
The executive branch, headed by the
President, carries out the laws. The judicial branch, headed by the Supreme
Court, interprets laws.
★ Checks and Balances
The Framers did not stop at merely separating the federal government into three
branches. To keep any one of these three
branches from becoming too powerful, the
Constitution also set up a system of checks
and balances. Under this system each
branch of government is able to check, or
limit, the power of the others.
The President has an important check
on the power of Congress. The President
can veto, or reject, a bill Congress proposes and keep it from becoming a law.
Congress can also check the Chief Executive’s power. It has the power to override, or defeat, the President’s veto. To do
so, however, requires a vote by two-thirds
of the members of both houses.
The judicial branch can check the
power of both the legislative and executive branches. The Supreme Court has
the power to decide the meaning of laws
and to declare that a law goes against the
Constitution.
Assessment★
★ Section
SECTION1 2★ASSESSMENT
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Checking for Understanding
1. Define liberty, popular sovereignty, representative democracy, direct democracy, electoral
college, tyranny, federalism, veto.
INTERDISCIPLINARY ACTIVITY
Critical Thinking
2. Organizing Information
Re-create the diagram shown
here, and list the types of powers
found in the Constitution.
3. Predicting Consequences Suppose the
Framers had set up a direct democracy. How
might our history have been different?
Powers
4. The Arts List the five major principles
of the Constitution. Then create drawings
or find magazine clippings that illustrate
each.
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285
SECTION 3
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Government in Action
GUIDE TO READING
The Founding Fathers wrote the
Constitution in general terms—
allowing future generations to fill
in the details of government.
Reading Strategy
Taking Notes As you read about the
Constitution in action, trace how a bill
introduced into the House of Representatives becomes a law. Use the outline form
shown here.
How a Bill Becomes a Law
I. Introduction
II.
A.
A.
B.
B.
Read to Learn . . .
★ what clauses in the Constitution have
allowed government to change.
★ how a bill becomes a law.
★ the roles of the President of the
United States.
Terms to Know
★
★
★
★
★
★
I
n 1787 nobody knew if the Constitution
would work. “This is to be a political
experiment,” said James Madison. The
experiment—and the Constitution—succeeded. One reason for the Constitution’s
success is that the Framers did not write
complicated laws to set up the government. Instead, they used very general language. They left it up to future generations
to fill in the details of government.
★ A Flexible Document
How has the Constitution kept up with
changing times? One way is through the
day-to-day practices of government leaders and citizens. Over time, these practices
have brought so-called informal, or nonwritten, changes to the Constitution.
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Citizenship Handbook and United States Constitution
precedent
bureaucracy
diplomacy
executive agreement
constituent
impeach
Main Idea
U.S. PRESIDENTIAL SEAL
Elastic Clause
The Framers gave Congress the power
to make “all laws which shall be necessary
and proper” for carrying out the tasks of
government. This provision—found in
Article I, Section 8, Clause 18—is known
as the elastic clause, or necessary and
proper clause.
What does “necessary and proper”
mean? The Framers never said. This gave
the government a lot of freedom to act. As
a result, the federal government—through
the passage of new laws—has expanded
its power greatly since 1787.
Commerce Clause
Article I, Section 8, Clause 3 is another
example of the Constitution’s general
language. This clause says that Congress
has the power to “regulate Commerce
with foreign Nations, and among the
several States.”
Over time, the government has used this
clause to exercise authority in a number of
different areas. It has banned discrimination, or unfair treatment, of different races.
It has built a sprawling interstate highway
system. In the 1990s, it used the commerce
clause to pass laws governing information
sent over computer networks.
Judicial Review
The power of the Supreme Court to
review government acts and possibly
declare them unconstitutional is known as
judicial review. The Constitution never
directly gave the courts this power. A
strong-willed chief justice named John
Marshall, however, believed that this was
what the Founders meant. In 1803, Marshall called an act of Congress unconstitutional in a landmark case known as
Marbury v. Madison. By doing this, he
established a precedent, or example, for
future courts to follow.
Practice and Tradition
Routine political practices have changed
government, too. The Constitution, for
example, did not call for the President to
have a cabinet, or panel of advisers. President George Washington started the practice by relying on a group of trusted
assistants.
★ The Role of the President
As defined by the Constitution, the
President has four main duties.
Chief Executive
An executive is a manager. As Chief
Executive of the United States, the President’s job is to manage the government by
carrying out its laws. A great many laws
Picturing
H istory
ROLES OF THE PRESIDENT The President’s
main roles are chief executive, chief of state,
commander in chief, and chief legislator.
Which role allows the President to sign
legislation into law?
exist. Therefore, the President relies on a
huge bureaucracy, or organization of government workers.
The federal bureaucracy includes the
departments that make up the cabinet. It
also includes more than 30 executive
agencies. Each agency is in charge of some
special task or program. The National
Aeronautics and Space Administration
(NASA), for example, manages the
nation’s space program.
Chief of State
As chief of state, the President directs
national diplomacy, or relations with
Citizenship Handbook and United States Constitution
287
foreign countries. Three powers help the
President to carry out this task. They
include the power to appoint ambassadors who represent the United States
in other countries, the power to make
treaties with foreign countries, and the
power to issue executive agreements. An
executive agreement is an agreement
that the President makes directly with
the head of state from another country.
Chief Legislator
Commander in Chief
★ The Role of Congress
The President serves as the highestranking officer in the armed services.
Only Congress can declare war. The
President, however, can order troops to
become involved in serious situations at
home and abroad without the approval
of Congress. The President also has the
power to appoint and remove commanding officers from service.
The President has a great deal of power.
Congress, however, is the branch of government that touches our lives most closely.
The Constitution does not give lawmaking powers to the President. The President still influences the passage of laws
in two important ways. First, the President suggests laws to Congress and works
for their passage. Second, the President
can use the veto to prevent the passage of
laws that the President opposes.
Structure of Congress
Congress is made up of two houses—the
House of Representatives and the Senate.
The House has 435 voting members and
How a Federal Bill Becomes a Law
Introduction
Bill Introduced in House
Introduction
Bill Introduced in Senate
Committee Action
Referred to House Committee*
Committee Action
Referred to Senate Committee*
Floor Action
House Debate, Vote on Passage
Floor Action
Senate Debate, Vote on Passage
Conference Action
Compromise Bill Sent Back to Both Houses
Final Approval
House and Senate Vote on Final Passage,
Approved Bill Sent to President
*Committee may
accept, reject,
amend, or
pigeonhole the
bill.
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**President may
Enactment
President Signs Bill into Law**
Citizenship Handbook and United States Constitution
sign bill into law
or veto it.
Congress may
override veto by
two-thirds
majority vote.
A bill introduced in
Congress goes
through many
steps before it
becomes law.
What role does
the President play
in the passage of
a new law?
The Federal Court System
U.S. Supreme
Court
Highest State
Courts
U.S. Courts
of Appeals
Federal
Regulatory
Agencies
District Courts
U.S. Court of
Federal
Claims
U.S. Tax Court
5 nonvoting delegates from territories. The
number of representatives from each state
depends on a state’s population. States
with larger populations have more representatives. The Senate has 100 members—
two for each state.
All representatives in the House serve
two-year terms which begin and end at
the same time. This means that every two
years, the whole House comes up for
reelection. Elections usually take place in
even-numbered years. Senators serve sixyear terms. Unlike the House, however,
terms are staggered. About one-third of
the Senate comes up for reelection every
two years.
Representing Voters
The election schedules encourage members of Congress to keep in touch with their
constituents. Constituents are the voters
who elect public officials to represent them.
The election schedule of the House
requires a representative seeking reelection to campaign among home con-
U.S. Court of
International
Trade
U.S. Court of
Military
Appeals
Federal courts of
appeal may review
cases tried by
district courts or
other courts at the
district level.
At what higher
level might cases
from an appeals
court be heard?
U.S. Court of
Veterans
Appeals
stituents at least every two years. The Senate’s staggered election schedule means
that one-third of the senators campaign at
home every two years.
Lawmaking
Thousands of bills, or proposed laws,
come before Congress each year. As the
chart on page 288 shows, a bill must go
through several steps to become law. All
535 members of Congress, therefore, cannot hope to consider all the bills presented
to them.
To examine bills, Congress has committees in each house. Standing committees,
or permanent committees, specialize in
different areas, such as agriculture, trade,
energy, or foreign affairs.
Both the Senate and the House must
pass legislation in exactly the same language. Whenever they pass different versions of a bill, they create a conference
committee of members of both houses to
iron out their differences. The House and
Senate must then approve the conference
Citizenship Handbook and United States Constitution
289
committee’s version of the bill before it
can be sent to the President.
Most bills never make it out of committee. More than 90 percent of all bills
die in committee before ever coming up
for a vote on the floor of the House or the
Senate.
Investigating Wrongdoing
The Constitution gives the House of
Representatives the power to impeach, or
bring formal charges against, members of
the other two branches of government. The
Senate has the power to hold a trial that
decides if the charges are true. Officials
found guilty may be removed from office.
Article I, Section 3, Clause 2 also directs
each house to set rules for the conduct of
its members. Members who break these
rules can be punished or expelled by a
two-thirds vote of that house.
★ The Role of the Courts
The United States federal court system
is only briefly described in the Constitution. However, it is one of the nation’s
most important institutions. Its function is
to interpret the laws of the land and to
preserve and protect the rights the Constitution guarantees. As such, it plays a vital
role in the system of checks and balances
that protects our democracy.
Article III of the Constitution called for
the creation of a Supreme Court and a system of lower courts. Congress set up the
federal court system with passage of the
Judiciary Act of 1789.
Structure of the Court System
The system has three main levels. At
the lowest level are more than 90 district
courts and a number of specialized courts,
such as the Tax Court and the Court of
Military Appeals. At the next level are the
13 Courts of Appeals and a small number
of specialized courts. At the highest level
is the United States Supreme Court. The
federal courts consider only cases involving national laws. Each state has its own
separate court system for hearing cases
related to state and local laws.
The Appeals Process
Most federal cases begin at the district
level. In these courts, either a judge or a
jury reaches a decision. Citizens unhappy with a district-level decision may
appeal, or ask the next highest court to
review the case.
The court of last appeal is the Supreme
Court. Nine justices—including the chief
justice—sit on the Court. Decisions of the
Supreme Court are made by a simple
majority, or a vote of at least five justices.
Assessment★
★ Section
SECTION1 3★ASSESSMENT
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Checking for Understanding
1. Define precedent, bureaucracy, diplomacy,
executive agreement, constituent, impeach.
3. Understanding Cause and Effect How has
the elastic clause helped government to
change with the times?
Critical Thinking
2. Summarizing Re-create the chart shown
here, and list the duties of the President as
defined by the Constitution.
Duties
290
Citizenship Handbook and United States Constitution
INTERDISCIPLINARY ACTIVITY
4. Citizenship Write a job description for
one of the following officials: President,
chief justice, member of the House or
Senate.
SECTION 4
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Duties and Responsibilities
of Citizens
GUIDE TO READING
Read to Learn . . .
Main Idea
While citizens of the United States
enjoy many rights, they also have
certain duties and responsibilities.
Organizing Information As
you read about citizenship,
use a diagram like the one
shown here, and list ways in
which citizens may pay taxes.
Terms to Know
Taxes
A
s citizens of the United States, we
are expected to carry out certain duties
and responsibilities. Duties are things we
are required to do; if we fail to perform
them, we are subject to legal penalties,
such as fines or imprisonment. Responsibilities, on the other hand, are things we
should do; they are obligations that we
fulfill voluntarily. Fulfilling both our
duties and our responsibilities helps
ensure that we have good government
and that we continue to enjoy our rights.
★ Duties
Some countries require much from
their citizens. In some countries, for example, citizens must serve in the armed
forces for a period of time each year. In
★ duties
★ responsibilities
★ toleration
Reading Strategy
★ what major duties come with
citizenship.
★ what the responsibilities of American
citizens are.
VOTER AT THE POLLS
other countries, citizens are required to
live in cities far away from their families
and friends to work at jobs assigned to
them by the government.
The United States government asks
much less of its citizens than many other
countries. Nevertheless, the government
does require its citizens to perform the following duties.
Obey the Laws
This is a citizen’s most important duty.
If citizens do not obey the law, the government cannot maintain order and protect the health, safety, and property of its
citizens. The laws we must obey, including criminal laws, traffic laws, and local
laws, all have a purpose. Criminal laws
are designed to prevent citizens from
Citizenship Handbook and United States Constitution
291
Defend the Nation
All men aged 18 and over are required
to register with the government in case
the country needs to draft, or call up, men
for military service. Since the end of the
Vietnam War, there has been no draft, and
American military service has been voluntary. Nevertheless, the government has
the authority to use the draft if the country should suddenly have to go to war.
Serve in Court
NATURALIZATION Citizens
from other nations become
United States citizens through
a process called naturalization. The process takes several years and
involves many steps. What are the duties
of citizenship?
Picturing
H istory
The Constitution guarantees every citizen the right to a trial by jury. To ensure
this, every citizen must be prepared to
serve on a jury. People can ask to be
excused from jury duty if they have a
good reason, but it is better to serve if
possible. People on trial depend on their
fellow citizens to give a fair and just verdict at their trials. Another duty of citizens is to serve as witnesses at a trial, if
called to do so.
Attend School
harming one another; traffic laws prevent
accidents; and local laws help people get
along with one another.
Pay Taxes
Taxes pay for the government’s activities. Without them, the federal government could not pay its employees,
maintain an army and navy to defend its
citizens, or help those in need. Your city
could not hire police or firefighters, and
your state could not pave roads or maintain prisons.
Citizens pay taxes in several ways. The
federal government and some states and
cities collect income taxes, a percentage
of the wages people receive. Most states
and some cities collect sales taxes. Your
school district collects taxes on the residential and commercial property within
the district.
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Citizenship Handbook and United States Constitution
In most states, people are required to
attend school until age 16. This is important both to you and to the government.
School is where you acquire much of the
knowledge and skills you will need to be
a good citizen.
★ Responsibilities
The responsibilities of citizenship are
not as clear-cut as the duties. Because
responsibilities are voluntary, people are
not arrested or punished if they do not
fulfill these obligations. The quality of our
government and of our lives will diminish, however, if our responsibilities are not
carried out.
Be Informed
Keep in mind that government exists
to serve you. Therefore, one of your
responsibilities as a citizen is to know
what the government is doing and to
voice your opinion about its actions.
When the government learns that most
people favor or oppose an action, it usually considers their wishes.
Vote
Voting is one of American citizens’
most important responsibilities. By voting, people exercise their right of selfgovernment. Voters choose the people
who run the government, and in doing
so, they give their consent to that government. If people do not like the way an
elected official is doing the job, it is their
responsibility to choose someone else for
that job in the next election. Taking the
responsibility to vote ensures that leadership is changed in a peaceful, orderly
manner.
Picturing
H istory
Participate in Government
Another responsibility of citizens is to
participate in their community and in
their government. Participating in your
government and community is extremely
important.
Think about what your community
would be like if no one would serve as
mayor, or no one would volunteer to fight
fires or coach a baseball team, and if no
one would ever speak out or do anything
to help solve community problems.
Respect Rights of Others
To enjoy your rights to the fullest, you
must be prepared to respect other people’s
rights as well. For example, if you live in an
apartment building, you have an obligation
to keep the volume on your radio or television down so that it does not disturb your
CIVIC PARTICIPATION There are many ways for people to be responsible citizens.
What makes the responsibilities of citizenship different from the duties of
citizenship?
Citizenship Handbook and United States Constitution
293
neighbors. You also expect them to do the
same for you. Many of our laws have been
enacted to encourage people to respect each
other’s rights. A person who continues to
play a radio or television too loudly can be
arrested for disturbing the peace.
Citizens have a responsibility to show
the same respect for public property and
for the property of others. Sometimes people who would not dream of breaking a
neighbor’s window will vandalize their
school or a city bus because “no one owns
it.” Yet, such public property belongs to
all of us, and we all pay if it is stolen or
damaged.
respect the practices and traditions of
others when they are different from our
own, just as we expect others to respect
our traditions.
Respect Diversity
Citizens have a responsibility to respect
the rights of people with whom they disagree. Respecting and accepting others,
regardless of their beliefs, practices, or
other differences, is called toleration. It
means giving people whose ideas you dislike a chance to express their opinions.
Without toleration for the views of others,
a real discussion or exchange of ideas is
impossible.
One of America’s great strengths has
always been the diversity of its people.
Immigrants have brought a variety of
religions, traditions, and lifestyles to this
country, and they continue to do so. As
citizens, we all have a responsibility to
Picturing
H istory
CONSTITUTION BICENTENNIAL
One strength of the United
States and its Constitution is
respect for diversity. What
term describes accepting the beliefs of
others?
Assessment★
★ Section
SECTION1 4★ASSESSMENT
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Checking for Understanding
1. Define duties, responsibilities, toleration.
3. Evaluating Information Why are citizens’
responsibilities to their communities such an
important part of our democratic system?
Critical Thinking
2. Comparing Re-create the diagram shown
here, and list the major duties and responsibilities of American citizens.
American Citizens
Duties
294
Responsibilities
Citizenship Handbook and United States Constitution
INTERDISCIPLINARY ACTIVITY
4. Citizenship Write a letter to the editor of
your local newspaper expressing your
opinion about an issue in your community.
HANDBOOK ★ ASSESSMENT
Using Key Vocabulary
Match each item in Column A with the items
in Column B.
Column A
1. Preamble
2. duties
3. federalism
4. representative democracy
4. Why is the principle of checks and balances
important to American democracy?
Critical Thinking
1.
Analyzing Information
2.
Predicting Consequences
3.
Comparing and Contrasting
Column B
a. things citizens are required to do
b. decision making through elected officials
c. opening statement of Constitution
d. sharing of powers between national and state
governments
Reviewing Facts
1. Describe how power is divided in the federal
government.
2. Explain the purpose of the electoral college
and its membership.
Review the six goals
for the United States government as they are
described in the Preamble to the Constitution. List them in order of importance as you
think they should be carried out. Why did
you select your first listed goal as most
important? What goal would you eliminate if
you had to? Why?
Suppose the Constitution had not provided for amendments.
How might the history of our nation have
been different?
Compare the
powers of the federal government in 1787
with the powers of the federal government
today. Would the Framers of the Constitution
approve of the changes? Why or why not?
3. List the five main principles of American government.
Cooperative
Understanding Concepts
Civil Rights and Liberties
1. Re-create the chart shown here, and summarize each of the first five amendments of the
Bill of Rights.
Bill of Rights Amendments
1.
2.
3.
4.
5.
2. How does due process of law protect individual rights?
American Democracy
3. Why is an educated population so important
to maintaining the freedoms of a democratic
society?
Learning
Interdisciplinary Activity:
Civics
Form a group to write a constitution for your
school. Begin the document with a preamble that
lists goals for school government. Next divide
your group into smaller committees, each of
which writes an article describing one branch of
the school government. Be certain to list the functions of each branch. Meet again as a group to
review and agree upon the articles.
As a group, decide if you think some powers
should be denied to the school government and
list these in another article. Finally, decide if you
think a bill of rights is necessary. If so, list the
rights you think should be added.
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295