LIVING CONSTITUTION
More About . . .
Habeas Corpus
Since the attacks of September 11, 2001,
the U.S. government has held a number
of captured foreign citizens at a base in
Guantanamo, Cuba. One of the reasons the
government argues that habeas corpus does
not apply to these prisoners is because they
were captured outside of the United States
and are held outside the country. Their case
is one of many constitutional cases that
have resulted from the terrorist attacks.
BACKGROUND
VOCABULARY
bill of attainder a law that
condemns a person without a
trial in court
ex post facto law a law that
would make an act a criminal
offense after it was committed
17. District of Columbia To exercise exclusive legislation in all cases
whatsoever, over such district (not exceeding ten miles square) as may, by
cession of particular states, and the acceptance of Congress, become the seat
of the government of the United States, and to exercise like authority over
all places purchased by the consent of the legislature of the state in which
the same shall be, for the erection of forts, magazines, arsenals, dockyards,
and other needful buildings; and
tender money
PE N N.
N. J.
Washington Monument
MD.
The White House
DEL.
VA .
Residents of the District of
Columbia elect a mayor
and city council. However,
Congress retains ultimate
authority in the district and
has veto power over the
budget and legislative matters.
Washington, D.C.
Supreme Court
The Capitol Building
CONNECT
to the Essential Question
How has our 220-year-old Constitution
remained a living document?
Habeas Corpus
• Citizens have the power to elect
representatives.
A writ of habeas corpus is a
legal order. It protects people
from being held in prison or
jail without formal charges of a
crime. In 1992, the Supreme Court
recognized that habeas corpus
“is the [basic] instrument for
safeguarding individual freedom.”
• There is broad application of the
commerce clause.
7. How does habeas corpus
help ensure fairness and
justice?
Ask students what they have learned so far
that can help them answer this question.
Students might mention:
• The elastic clause allows future
generations to expand the meaning of
the Constitution.
SIDEBAR ANSWERS
7. It prevents the government or any police
force from imprisoning someone for any
reason other than violation of the law
and requires the government to present
their reason for holding someone to an
impartial court.
8. Possible Answer: People are concerned
about the amount of taxes and the way
the government uses tax money. People
often object to taxes on personal income
that reduce their spending money, but
they also expect the government to
provide the services that taxes support.
274 • The Living Constitution
Direct Tax
In 1913, the 16th Amendment
allowed Congress to collect an
income tax—a direct tax on the
amount of money a person earns.
Americans today pay much more
in taxes than their ancestors
would have imagined.
8. Why do you think the
issue of taxes is so
important to people?
18. Elastic Clause To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all other powers
vested by this Constitution in the government of the United States, or in
any department or officer thereof.
SECTION 9.
Powers Denied Congress
1. Slave Trade The migration or importation of such persons as any of the
states now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the year one thousand eight hundred and eight,
but a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person.
2. Habeas Corpus The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public safety
may require it.
3. Illegal Punishment No bill of attainder or ex post facto law shall be passed.
4. Direct Taxes No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be taken.
5. Export Taxes No tax or duty shall be laid on articles exported from
any state.
6. No Favorites No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall
vessels bound to, or from, one state be obliged to enter, clear, or pay duties
in another.
274 The
Living
Chapter
0 Constitution
DIFFERENTIATING INSTRUCTION
Struggling Readers
Pre-AP
Discuss Unfair Laws
Report on the “Elastic Clause”
Note that the Framers thought it
important to forbid two types of laws
and punishments. Discuss the meaning
of both “bill of attainder” and “ex post
facto law.” Ask students to imagine and
describe the use of one of those laws
in modern times if they had not been
illegal.
Ask students to study the section on the
“Elastic Clause” on this page. Have them
think about the meaning of “elastic”
and why this clause might be defined
as such. Students should then prepare
a written or oral report which describes
the importance of the elastic clause to
normal legislative business. Have them
include at least one concrete example.
8. Titles of Nobility No title of nobility shall be granted by the United
States: and no person holding any office of profit or trust under them shall,
without the consent of the Congress, accept of any present, emolument,
office, or title, of any kind whatever, from any king, prince, or foreign state.
SECTION 10.
Powers Denied the States
1. Restrictions No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit;
make anything but gold and silver coin a tender in payment of debts; pass
any bill of attainder, ex post facto law, or law impairing the obligation of
contracts, or grant any title of nobility.
2. Import and Export Taxes No state shall, without the consent of the
Congress, lay any imposts or duties on imports or exports, except what
may be absolutely necessary for executing its inspection laws; and the net
produce of all duties and imposts, laid by any state on imports or exports,
shall be for the use of the treasury of the United States; and all such laws
shall be subject to the revision and control of the Congress.
Titles of Nobility
The Framers disapproved of titles
of nobility. The list of grievances in
the Declaration of Independence
included numerous examples of
King George III’s abuses of power.
Symbols of these abuses included
English titles of nobility, such
as “king,” “queen,” and “duke.”
The Framers said clearly that there
would be no such titles in the
new republic.
Constitution Handbook
7. Public Money No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular statement and
account of the receipts and expenditures of all public money shall be
published from time to time.
9. How do TV news reporters
address members of
Congress and the president?
3. Peacetime and War Restraints No state shall, without the consent of
Congress, lay any duty of tonnage, keep troops or ships of war in time
of peace, enter into any agreement or compact with another state, or with
a foreign power, or engage in war, unless actually invaded, or in such
imminent danger as will not admit of delay.
LIVING CONSTITUTION
More About . . .
Titles of Nobility
The principles of popular sovereignty
and republicanism are illlustrated by the
specific prohibition of titles of nobility. In
Europe and other areas, for centuries, a
royal title gave certain people more rights
and economic privileges than others. In
most countries, people were required to
bow down to the king or queen and might
be punished if they refused. Royal families
usually controlled great wealth as well and
required people to pay taxes which they
could use for their own personal business.
4
Assess & Reteach
Assess Have students complete the Section
Assessment.
Unit 3 Resource Book
• Section Quiz, p. 229
Interactive Review
@ ClassZone.com
Power Presentations
Test Generator
Article
1
Assessment
MAIN IDEAS
1. What is the main role of the legislative branch?
2. What role does the vice president of the United
States play in the Senate?
3. Why are there more members in the House of
Representatives than the Senate?
4. What is one of the powers denied to Congress?
CRITICAL THINKING
5. Draw Conclusions How does Article 1 show that
the Constitution is a clearly defined yet flexible
document?
Think about
• the powers of Congress
• the “elastic clause”
Reteach Divide the class into three groups,
one each for the basic principles, the Preamble,
and the legislative branch. Have each group
design a poster which summarizes the content in
their section. Have groups display their posters.
Lead the class by writing summary sentences on
the board and refining them through discussion.
Unit 3 Resource Book
• Reteaching Activity, p. 232
Constitution Handbook 275
ONGOING ASSESSMENT ANSWERS
Main Ideas
1. to make laws
2. acts as president of the Senate; votes only to
break a tie
3. The Framers intended the Senate to be a more
select group—older, fewer, serving longer, and
presumably wiser.
4. Congress cannot suspend habeas corpus,
pass bills of attainder or ex post facto laws,
favor one state over another, tax any state’s
exports to another, take public money without
appropriation, or grant titles of nobility.
Critical Thinking
5. It is clearly defined in that it specifically explains
the organization and procedures of the House
and Senate and spells out Congress’ powers.
It is flexible in its broad application of the
commerce clause and especially in the elastic
clause.
SIDEBAR ANSWER
9. Senator (and the person’s last name);
Congressman or Congresswoman (and
the person’s last name); Mr. President
(or Madame President if a woman is
elected)
Teacher’s Edition • 275