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what we LEARNED
BACKGROUND OF THE
CONSTITUTION
What historical events and
philosophical principles influenced
the development of the new government?
The framers of the U.S. Constitution of 1787 lived through two
important historical periods that
influenced their approach to constitutional development—the colonial era and the period under the
Articles of Confederation. The
experience under British rule made
Americans wary of strong central
authority, so the first American
constitution, the Articles of Confederation, created a confederation.
However, the government established under the Articles proved too
weak, and the stage was set for the
constitutional convention of 1787.
The political theories of John
Locke were important for the
Americans who wrote the declaration of independence. Locke said
that the power of government flows
from the consent of the governed
and that people form governments
to protect their life, liberty, and
property. The framers embraced
Locke’s theory to justify their revolution. After a few years of independence, many Americans recognized
that society was composed of a
variety of interests or factions,
which opposed one another on a
number of policy issues. A strong
national government could reconcile the divergent concerns of various groups in society to produce
policies designed to achieve the
public good. A strong national government could protect individual
liberty and property from the power
of oppressive majorities.
2.1
CONSTITUTIONAL
PRINCIPLES
2.2 What kind of government does the
Constitution create, and how does
it divide political power?
The Constitution creates a representative democracy in which citizens elect representatives to make
policy on their behalf. It established
separation of powers—the division
of the powers of government into
legislative, executive, and judicial
branches. The concept of checks
and balances—the overlapping
of the powers of the branches of
government—is designed to ensure
that public officials limit the authority of one another. Federalism
is the division of power between a
national government and a series of
state governments. Bicameralism is
the division of the legislative branch
into two chambers, a House and a
Senate. It too is designed to limit
the power of government by dividing political authority.
LIMITATIONS ON THE
POWER OF
GOVERNMENT
2.3 How does the Constitution limit the
power of government?
In addition to the separating of
powers and checks and balances,
power is further limited through the
concept of rule of law, which means
that the discretion of public officials
in dealing with individuals is limited
by law. The Bill of Rights protects
individual rights from the government, including freedom of speech,
freedom of religion and the like. It
was not included in the original
constitution, but added immediately
after. It initially applied only to the
federal government, but the Supreme
Court subsequently incorporated
most of its provisions to apply to
the states.
CONSITUTIONAL
CHANGE
2.4 How does the Constitution change?
The Constitution changes
through amendment, experience, and
judicial review. The Constitution has
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KEY TERMS ARE KEY:
If you are looking for a study shortcut, focus
on the key terms. Learn the meaning of each
key term in the context of the chapter (rather
than memorizing a definition) and you will
have come a long ways toward mastering
the course material.
been amended a mere 27 times.
Amendments must be proposed and
ratified. Some elements of the Constitution have developed through
practice and experience, such as the
role of the president as commander
in chief. Judicial review, which is the
power of courts to declare unconstitutional the actions of the other
branches and units of government, is
another way the Constitution has
changed.
THE CONSTITUTION,
POLITICS, AND
PUBLIC POLICY
2.5 How does the Constitution affect
the policymaking process?
The U.S. Constitution fragments
political power. Separation of powers divides national government
among branches, bicameralism
divides Congress into chambers,
and federalism divides political
power between a national government and a series of state governments. Political fragmentation
produces slow, incremental change.
It promotes stability and facilitates
the representation of diverse interests. Although fragmentation can
lead to political deadlock, the gridlock often reflects a lack of political
consensus rather than constitutional
failure.
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TEST yourself
2.1 What historical events and
1
2
3
The fundamental law by which a state or
nation is organized and governed, and
to which ordinary legislation must
conform is the definition of which of
the following?
a. Bicameralism
b. Separation of powers
c. Constitution
d. Federalism
Which of the following was not a criticism
of the Articles of Confederation?
a. The Articles were too difficult to amend.
b. The Articles gave too much power to
the president.
c. The Articles failed to give the national
government adequate authority to
raise revenue.
d. The Articles failed to give the national
government adequate authority to regulate commerce.
The political thought of John Locke had
the most influence over which of the following documents?
a. Articles of Confederation
b. Declaration of Independence
c. Constitution of 1787
d. Fourteenth Amendment
2.2 What kind of government does the
Constitution create, and how does it
divide political power?
4
5
6
The voters in Country A elect legislators
who make policy decisions on their behalf.
Which of the following terms best
describes Country A?
a. Federalism
b. Direct democracy
c. Unitary government
d. Representative democracy
According to James Madison, what constitutional principle was designed to prevent the
concentration of power in the hands of one
government official or set of
officials?
a. Separation of powers with checks and
balances
b. Federalist Papers
c. Tyranny of the majority
d. Bill of Rights
The president nominates Person A to the
U.S. Supreme Court, but the Senate rejects
the nomination. This scenario is an example of which of the following?
a. Federalism
b. Bicameralism
7
8
2.3 How does the Constitution limit the
power of government?
9
The Constitution guarantees accused persons the right to a speedy, public trial by
an impartial jury, the right to confront witnesses, and the right to legal counsel.
These provisions embody which of the following constitutional principles?
a. Separation of powers
b. Tyranny of the majority
c. Checks and balances
d. Due process of law
10 The constitutional principle that
government does not have unrestricted
authority over individuals is the definition
for which of the following terms?
a. Limited government
b. Due process of law
c. Separation of powers
d. Bicameralism
11 Do the provisions of the Bill of Rights
apply to state governments?
a. No. The Bill of Rights applies only to
the actions of the federal government.
b. Yes. The Supreme Court has ruled that
the entire Bill of Rights applies to state
governments as well as the national
government.
c. Yes. The Supreme Court has ruled
that the Bill of Rights applies to the
states but not to the national
government.
d. Yes, for the most part. The Supreme
Court has ruled that most of the provisions of the Bill of Rights apply to the
states.
2.4 How does the Constitution
change?
12 Which of the following is a means through
which the Constitution changes?
a. Practice and experience
b. Constitutional amendment
c. Judicial interpretation
d. All of the above
13 Which of the following branches of government has the role of interpreting the
meaning of the Constitution?
a. Legislative branch
b. Judicial branch
c. Executive branch
d. All three branches play an equal role.
14 What was the significance of Marbury v.
Madison?
a. It was the first case in which the U.S.
Supreme Court declared an act of
Congress unconstitutional.
b. The U.S. Supreme Court ruled that
racial segregation was constitutional.
c. The U.S. Supreme Court ruled that
state laws requiring racially segregated
schools were unconstitutional.
d. The U.S. Supreme Court ruled that
federal law takes precedence over
state law.
2.5 How does the Constitution affect
the policymaking process?
15 In which of the following ways does the
Constitution affect policymaking?
a. Policies change rapidly, sometimes
without sufficient deliberation.
b. A narrow majority, 50 percent plus
one, can almost always force through
major changes over the objections of
the minority.
c. Government is sometimes unable to
adopt solutions to problems when no
consensus exists in the nation as to the
direction that should be taken.
d. All of the above
KNOW the
score
14–15 correct: Congratulations—you know
your American government!
12–13 correct: Your understanding of this
chapter is weak—be sure to
review the key terms and visit
TheThinkSpot.
<12 correct:
Reread the chapter more
thoroughly.
Answers: 1) c, 2) b, 3) b, 4) d, 5) a, 6) c, 7) c, 8) b, 9) d, 10) a, 11) d, 12) d, 13) b, 14) a, 15) c
philosophical principles influenced
the development of the new government?
c. Checks and balances
d. Tyranny of the majority
A political system that divides power between a central government, with authority
over the whole nation, and a series of state
governments is known as which of the
following?
a. Unitary government
b. Confederation
c. Federal system
d. Authoritarian government
Why did the framers of the Constitution
divide Congress into two chambers?
a. They wanted to ensure that the
executive branch would be the
dominant branch of government.
b. They wanted to prevent the
legislative branch from becoming
too powerful.
c. They wanted to prevent the judicial
branch from becoming too powerful.
d. They wanted to strengthen the legislative branch.
test yourself