Reading and Understanding the Constitution
Part A: The Constitution’s Basic Provisions
1. Read each article (I-VII) of the Constitution. Summarize the purpose of each article in one to two sentences.
Article 1 – Established the legislature and outlined its structure and responsibilities.
Article 2 – Established the executive and outlined its structure and responsibilities.
Article 3 – Established the judiciary and outlined its duties.
Article 4 – Outlined how the central government will interact with the states, and how the states will interact
with each other.
Article 5 – Outlined the process of amending the Constitution.
Article 6 – Established the supremacy of the Constitution and Congressional acts over the states.
Article 7 – Outlined the process for ratifying the Constitution.
2. In the Constitution of 1787 – the original “unamended” document – how many times do the words slave and
slavery appear? Zero
3. Define enumerated powers. Enumerated powers are those specifically stated in the Constitution.
a. Identify one enumerated power of the president. (Article 2, Section 2)
Propose treaties, appoint ambassadors and other officers of the bureaucracy. (Answers may vary)
b. Identify one enumerated power of the vice president. (Article 1, Section 3)
Preside over the Senate.
c. Identify one enumerated power of Congress. (Article 1, Section 8)
Impose and collect taxes, borrow money on behalf of the country, regulate commerce, establish rules for
naturalization, coin money, establish the post office, establish lower courts, declare war, raise and
support armed forces, impeachment, etc. (Answers may vary)
4. Election of senators
a. How were U.S. senators chosen before the Seventeenth Amendment was ratified in 1913? (Article 1,
Section 3) Chosen by each state’s legislature
b. How have U.S. senators been chosen since? (17th Amendment) Direct election
5. Prohibited powers
a. Identify one power the Constitution prohibits to Congress. (Article 1, Section 9)
Congress cannot suspect habeas corpus, tax exports, issue titles (Answers may vary)
b. Identify one power the Constitution prohibits to the states. (Article 1, Section 10)
States cannot enter into treaties nor inhibit the Congress (Answers may vary)
6. Checks and balances
a. Identify a power that the executive branch holds over the legislative branch. (Article 1, Section 7)
Veto
b. Identify a power that the executive branch holds over the judicial branch. (Article 2, Section 2)
Appointment of judges
c. Identify a power that the legislative branch holds over the executive branch. (Article 1, Section 3)
Impeachment (Answers may vary)
d. Identify a power that the legislative branch holds over the judicial branch. (Article 1, Section 8)
Establishing courts (Answers may vary)
7. Amendment process
a. What are two ways that amendments to the Constitution can be proposed? (Article 5)
2/3 of both Houses may agree to propose, or 2/3 of the state legislatures may do so
b. What are two ways that amendments to the Constitution can be ratified? (Article 5)
¾ of state legislatures may ratify, or 2/3 vote of 2/3 of state legislatures may do so at convention
c. Article V of the Constitution of 1787 singles out two matters that are beyond the reach of the
amendment process. What are they? (Article 5)
Amendments may not change Article 1, Section 9 clauses 1 and 4, which deal with taxation. (Which is
weird since the 16th Amendment changed Article 1, Section 9, clause 4!) Amendments are also forbidden
from depriving states of equal representation in the Senate.
8. Identify and state the purpose of amendments that:
a. extended individual rights.
1 – protection of basic freedoms
2 – right to bear arms
3 – prohibition against quartering of soldiers
4 – prohibition against illegal search and seizure
5 – prohibition from self-incrimination and double jeopardy
6 – right to a speedy, public trial by jury
7 – right to trial by jury in civil cases
8 – prohibition against cruel and unusual punishment
9 – rights not listed in the Bill of Rights are retained to the people (like saying “this is not a complete list
of rights people have”)
10 – rights not specifically given to the government are retained by the people
21 – repealed Prohibition
b. extended civil rights (including voting rights).
13 – outlawed slavery/freed slaves
14 – gave citizenship to former slaves (all persons born or naturalized)
15 – extended the right to vote to all citizens, regardless of race or color (suffrage for former slaves)
19 – extended the right to vote to all citizens, regardless of gender (women’s suffrage)
24 – abolished the poll tax as a means of limiting suffrage
26 – lowered voting age to 18
c. prohibited certain practices by the states. 9, 13, 15, & 19 – purposes listed above
9. Elastic clause
a. Which article and section is known as the “elastic clause”? Article 1, Section 8 (clause 18)
b. What does this mean for the powers of Congress, and how is this related to the traditional debate
between strict constructionism and loose constructionism?
Congress can justify new laws (including those that provide them with increased scope of powers) if they
are necessary and proper to carrying out their enumerated powers. This clause would justify significant
changes to the Constitution (in line with strict constructionism).
Part B: Majority actions by Congress
10. What margin is required to:
a. override a presidential veto? 2/3 in each House
b. ratify treaties? 2/3 of Senate
c. impeach a president? 51% of House
d. convict and remove a president? 2/3 of Senate
e. approve a presidential nominee to the Supreme Court? 51% of Senate
f. choose a president if neither candidate wins a simple majority of electoral votes? 51% of
representatives of 2/3 of the States
From Critical Thinking & American Government, Kent M. Brudney and Mark E. Weber, 2007