Copyright © 2011 Pearson Education, Inc. Publishing as Longman · Changing the Constitution LO...
Transcript of Copyright © 2011 Pearson Education, Inc. Publishing as Longman · Changing the Constitution LO...
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Chapter 2: The Constitution
• The Origins of the Constitution
• The Government That Failed: 1776–1787
• Making a Constitution: The Philadelphia
Convention
• Critical Issues at the Convention
• The Madisonian System
• Ratifying the Constitution
• Changing the Constitution
• Understanding the Constitution
• Summary
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Chapter Outline and Learning
Objectives
• The Origins of the Constitution
• LO 2.1: Describe the ideas behind the
American Revolution and their role in
shaping the Constitution.
• The Government That Failed: 1776–1787
• LO 2.2: Analyze how the weaknesses of
the Articles of Confederation led to its
failure.
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Chapter Outline and Learning
Objectives
• Making a Constitution: The Philadelphia
Convention
• LO 2.3: Describe the delegates to the
Constitutional Convention and the core
ideas they shared.
• Critical Issues at the Convention
• LO 2.4: Categorize the issues at the
Constitutional Convention and outline the
resolutions reached on each type of issue.
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Chapter Outline and Learning
Objectives
• The Madisonian System
• LO 2.5: Analyze how the components of
the Madisonian system addressed the
dilemma of reconciling majority rule with
the protection of minority interests.
• Ratifying the Constitution
• LO 2.6: Compare and contrast the
Federalists and Anti-Federalists in terms
of their background and positions
regarding government.
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Chapter Outline and Learning
Objectives
• Changing the Constitution
• LO 2.7: Explain how the Constitution can
be formally amended and how it changes
informally.
• Understanding the Constitution
• LO 2.8: Assess whether the Constitution
establishes a majoritarian democracy and
how it limits the scope of government.
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The Origins of the Constitution LO 2.1: Describe the ideas behind the
American Revolution and their role in
shaping the Constitution.
• The Road to Revolution
• Declaring Independence
• The English Heritage: The Power of Ideas
• The American Creed
• Winning Independence
• The “Conservative” Revolution
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The Origins of the Constitution
• The Road to Revolution
• Colonists faced tax increases after the
French and Indian War.
• Colonists lacked direct representation in
parliament.
• Colonial leaders formed the Continental
Congress to address abuses of the English
Crown.
LO 2.1
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LO 2.1
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The Origins of the Constitution
• Declaring Independence • In May and June 1776, the Continental
Congress debated resolutions for independence.
• The Declaration of Independence, which listed the colonists grievances against the British, was adopted on July 4, 1776.
• Politically, the Declaration was a polemic, announcing and justifying revolution.
LO 2.1
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LO 2.1
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The Origins of the Constitution
• The English Heritage: The Power of Ideas • Natural Rights – Rights inherent in
humans being, not dependent on government.
• Consent of the Governed – The government derives its authority by sanction of the people.
• Limited Government – Put certain restrictions on government to protect natural rights.
LO 2.1
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The Origins of the Constitution
• The American Creed
• The sanctity of property was one of the
few ideas absent in Jefferson’s draft of
the Declaration of Independence.
• Jefferson altered Locke’s phrase, “life,
liberty, and property” to “life, liberty, and
the pursuit of happiness.”
LO 2.1
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LO 2.1
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The Origins of the Constitution
• Winning Independence
• In 1783, the American colonies prevailed in
their war against England.
• The “Conservative” Revolution
• Restored rights the colonists felt they had lost
• Not a major change of lifestyles.
LO 2.1
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The Government That Failed: 1776–1787 LO 2.2: Analyze how the weaknesses of the
Articles of Confederation led to its failure.
• The Articles of Confederation
• Changes in the States
• Economic Turmoil
• The Aborted Annapolis Meeting
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The Government That Failed: 1776–1787
• The Articles of Confederation
• The first document to govern the United States, ratified in 1781.
• It created a confederation among 13 states and former colonies.
• Congress had few powers; there was no president or national court system.
• All government power rested in the states.
LO 2.2
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The Government That Failed: 1776–1787
• Changes in the States
• Voting laws increased political power
among a new middle class.
• Middle class of farmers and craft workers
counterbalanced the power of
professionals and wealthy merchants.
• Ideas of equality spread and democracy
took hold.
LO 2.2
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LO 2.2
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The Government That Failed: 1776–1787
• Economic Turmoil
• Postwar depression left farmers unable to
pay debts.
• State legislatures sympathetic to farmers
passed laws that favored debtors over
creditors.
LO 2.2
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The Government That Failed: 1776–1787
• Economic Turmoil (cont.)
• In 1786, a group of farmers in western
Massachusetts led by Captain Daniel
Shays rebelled at losing their land to
creditors.
• Shays’ Rebellion was a series of armed
attacks on courthouses to prevent judges
from foreclosing on farms and it spurred
the birth of the Constitution.
LO 2.2
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The Government That Failed: 1776–1787
• The Aborted Annapolis Meeting
• An attempt to discuss changes to the Articles
of Confederation in September 1786.
• Attended by only 12 delegates from 5 states.
• Called for a meeting in May 1787 to further
discuss changes—the Constitutional
Convention.
LO 2.2
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Making a Constitution:
The Philadelphia Convention LO 2.3: Describe the delegates to the
Constitutional Convention and the core
ideas they shared.
• Gentlemen in Philadelphia
• Philosophy into Action
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Making a Constitution:
The Philadelphia Convention
• Gentlemen in Philadelphia
• 55 men from 12 of the 13 states.
• Mostly wealthy planters and merchants.
• Most were college graduates with some
political experience.
• Many were coastal residents from the
larger cities, not the rural areas.
LO 2.3
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Making a Constitution:
The Philadelphia Convention
• Philosophy into Action
• Human Nature – People were self-
interested; government should check and
contain the natural self-interest of people.
• Political Conflict – Wealth (property)
distribution is the source of political
conflict; factions arise from the unequal
distribution of wealth.
LO 2.3
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Making a Constitution:
The Philadelphia Convention
• Philosophy into Action (cont.)
• Objects of Government – Property must
be protected against the tyranny of faction.
• Nature of Government – Secret of good
government is “balanced government”
because as long as no faction could seize
complete control of government, tyranny
could be avoided.
LO 2.3
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Critical Issues at the Convention LO 2.4: Categorize the issues at the
Constitutional Convention and outline the
resolutions reached on each type of issue.
• The Equality Issues
• The Economic Issues
• The Individual Rights Issues
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Critical Issues at the Convention
• The Equality Issues
• Equality and Representation of the States – The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.
• Slavery – The question of how to count slaves was solved with the Three-Fifths Compromise.
• Equality in Voting – Delegates decided to leave voting qualifications to the states.
LO 2.4
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LO 2.4
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LO 2.4
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Critical Issues at the Convention
• The Economic Issues
• States had tariffs on products from other
states.
• Paper money was basically worthless.
• Congress could not raise money.
• Key actions taken – Powers of Congress
were strengthened and powers of states
were limited.
LO 2.4
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LO 2.4
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Critical Issues at the Convention
• The Individual Rights Issues
• Prohibits suspension of writ of habeas corpus.
• No bills of attainder.
• No ex post facto laws.
• Religious qualifications for holding office prohibited.
• Strict rules of evidence for conviction of treason.
• Jury trial in criminal cases.
LO 2.4
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The Madisonian System LO 2.5: Analyze how the components of the
Madisonian system addressed the dilemma
of reconciling majority rule with the
protection of minority interests.
• Thwarting Tyranny of the Majority
• The Constitutional Republic
• The End of the Beginning
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The Madisonian System
• Thwarting Tyranny of the Majority
• Limiting Majority Control – To keep most of
the government beyond the control of the
masses.
• Separating Powers – Branches are relatively
independent of the others so no single branch
could control the others.
LO 2.5
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LO 2.5
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The Madisonian System
• Thwarting Tyranny of the Majority (cont.)
• Creating Checks and Balances – Each
branch needs the consent of the others for
many actions.
• Establishing a Federal System –
Federalism divides power between national
and state governments.
LO 2.5
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LO 2.5
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The Madisonian System
• The Constitutional Republic
• Republic is a form of government in which the people select representatives to govern them and make laws.
• Tends to favor the status quo and limit political change.
• The End of the Beginning
• The document was approved and now it had to be ratified.
LO 2.5
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Ratifying the Constitution LO 2.6: Compare and contrast the
Federalists and Anti-Federalists in terms of
their background and their positions
regarding government.
• Federalists and Anti-Federalists
• Ratification
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Ratifying the Constitution
• Federalists and Anti-Federalists
• Federalists supported the new Constitution and wrote the Federalist Papers to defend it.
• Anti-Federalists opposed the new Constitution and believed it was an enemy of freedom.
• The compromise between the two groups was the Bill of Rights.
LO 2.6
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LO 2.6
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LO 2.6
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Ratifying the Constitution LO 2.6
• Federalists specified that the
Constitution be ratified by special
conventions, not state legislatures
• 9 states had to ratify the Constitution
• Delaware was the 1st (Dec 1787), New
Hampshire was the 9th (Jun 1788)
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Changing the Constitution LO 2.7: Explain how the Constitution can be
formally amended and how it changes
informally.
• The Formal Amending Process
• The Informal Process of
Constitutional Change
• The Importance of Flexibility
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Changing the Constitution
• The Formal Amending Process
• Proposal – An amendment may be
proposed either by a two-thirds vote in
each house or chamber of Congress, or
by a national convention called by
Congress at the request of two-thirds of
the state legislatures.
LO 2.7
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Changing the Constitution
• The Formal Amending Process (cont.)
• Ratification – An amendment may be
ratified either by the legislatures of three-
fourths of the states, or by special state
conventions called in three-fourths of the
states.
LO 2.7
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LO 2.7
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Changing the Constitution
• The Informal Process of
Constitutional Change
• Judicial Interpretation – Marbury v.
Madison (1803) established judicial
review.
• Changing Political Practice – How the
political parties and the Electoral College
practice today changed the Constitution.
LO 2.7
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Changing the Constitution
• The Informal Process of Constitutional Change (cont.)
• Technology – Mass media, atomic weapons, computers, and electronic communications have changed the Constitution.
• Increasing Demands on Policymakers – Demands for more domestic and foreign policies changed the Constitution.
LO 2.7
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LO 2.7
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Changing the Constitution
• The Importance of Flexibility
• The Constitution created a flexible government that could adapt to the needs of the times without sacrificing personal freedom.
• The Constitution is a short document (27 amendments and less than 8,000 words) that does not prescribe the structure and functioning of the national government in detail.
LO 2.7
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Understanding the Constitution LO 2.8: Assess whether the Constitution
establishes a majoritarian democracy and
how it limits the scope of government.
• The Constitution and Democracy
• The Constitution and the Scope of
Government
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Understanding the Constitution
• The Constitution and Democracy
• The Constitution created a republic (representative democracy based on limited government).
• Historically, there has been a gradual democratization of the Constitution away from the elitist model of democracy and toward the pluralist one.
LO 2.8
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Understanding the Constitution
• The Constitution and the Scope of Government
• Separation of powers and checks and balances promote demands for public policy to be heard.
• Separation of powers and checks and balances promote bargaining, compromise, playing one institution against another, and an increase of hyperpluralism.
LO 2.8
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LO 2.8
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LO 2.1 Summary
• The Origins of the Constitution
• Ideas behind American Revolution and the
Constitution were belief in natural rights,
consent of the governed, limited
government, responsibility of government
to protect property, and equality of
citizens.
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The notion that the people must
agree on who their rulers will be
is referred to as
A. sanctity of property rights.
B. natural rights.
C. consent of the governed.
D. limited government.
LO 2.1
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The notion that the people must
agree on who their rulers will be
is referred to as
A. sanctity of property rights.
B. natural rights.
C. consent of the governed.
D. limited government.
LO 2.1
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LO 2.2 Summary
• The Government That Failed: 1776–1787
• The Articles of Confederation established a government dominated by the states, without a permanent executive or national judiciary.
• A weak central government could not raise sufficient funds, regulate trade, protect property rights, or take action without unanimous consent of the states.
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The primary result of Shays’
Rebellion was to
A. spread similar, unruly behavior to
ever larger and more effective
groups.
B. force states to pass “force acts”
and print money.
C. serve as a factor motivating the
American Revolution.
D. precipitate a review of the Articles
of Confederation in Annapolis.
LO 2.2
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The primary result of Shays’
Rebellion was to
A. spread similar, unruly behavior to
ever larger and more effective
groups.
B. force states to pass “force acts”
and print money.
C. serve as a factor motivating the
American Revolution.
D. precipitate a review of the Articles
of Confederation in Annapolis.
LO 2.2
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LO 2.3 Summary
• Making a Constitution: The Philadelphia Convention
• The Framers were more educated, wealthy, and urban than most.
• Core ideas they shared were that people were self-interested, wealth distribution was a source of political conflict, the object of government was protecting private property, and balanced government is best government.
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According to James Madison, which of
the following is the primary source of
political conflict?
A. Differing political ideologies.
B. The distribution of wealth.
C. Self-interested human nature.
D. The lack of education.
LO 2.3
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
According to James Madison, which of
the following is the primary source of
political conflict?
A. Differing political ideologies.
B. The distribution of wealth.
C. Self-interested human nature.
D. The lack of education.
LO 2.3
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LO 2.4 Summary
• Critical Issues at the Convention
• The Framers intended to make the
national government an economic
stabilizer.
• The economic powers assigned to
Congress left no doubt it was to forge
national economic policy.
• The Framers did include some specific
individual rights.
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Which of the following economic
powers are given to Congress in the
U.S. Constitution?
A. Power to tax, borrow money, and
print and coin money.
B. Power to regulate interstate and
foreign commerce.
C. Power to broadly protect property
rights.
D. All of the above.
LO 2.4
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following economic
powers are given to Congress in the
U.S. Constitution?
A. Power to tax, borrow money, and
print and coin money.
B. Power to regulate interstate and
foreign commerce.
C. Power to broadly protect property
rights.
D. All of the above.
LO 2.4
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LO 2.5 Summary
• The Madisonian System
• The Founders reconciled majority rule with
minority interests by constraining both the
majority and the minority.
• The Madisonian system dispersed power
among separate branches of government,
and gave them shared powers so that
each branch had a check on the others.
LO 2.5
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The system of governance set up
in the U.S. constitutional republic
tends to ______.
A. favor the status quo and limit
political change.
B. be relatively efficient in producing
political results.
C. encourage direct democracy.
D. centralize power.
LO 2.5
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The system of governance set up
in the U.S. constitutional republic
tends to ______.
A. favor the status quo and limit
political change.
B. be relatively efficient in producing
political results.
C. encourage direct democracy.
D. centralize power.
LO 2.5
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LO 2.6 Summary
• Ratifying the Constitution
• The Federalists, largely from the economic elite, supported a strong national government.
• Anti-Federalists, largely from the middle class, supported a weaker national government and wanted individual liberties.
• The Federalists promised to propose what became known as the Bill of Rights.
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The Bill of Rights was adopted
primarily to ______.
A. allay fears that the Constitution would restrict freedom.
B. ensure that the Constitution had the support of the Federalists.
C. protect the states against the potential for abuses by the national government.
D. satisfy Madison’s concerns about factions and to check their effects.
LO 2.6
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The Bill of Rights was adopted
primarily to ______.
A. allay fears that the Constitution would restrict freedom.
B. ensure that the Constitution had the support of the Federalists.
C. protect the states against the potential for abuses by the national government.
D. satisfy Madison’s concerns about factions and to check their effects.
LO 2.6
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LO 2.7 Summary
• Changing the Constitution
• The formal amendment process requires
supermajorities in both houses of
Congress and among the states.
• The informal process includes judicial
interpretation, changing political practices,
technology, and the increasing demands
on policymakers.
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Which of the following means of amending the Constitution has never been used to date?
A. Proposal by ⅔ support in both houses of Congress.
B. Ratification by ¾ of state legislatures.
C. Ratification by ¾ of state conventions.
D. Proposal through a national convention called by Congress.
LO 2.7
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Which of the following means of amending the Constitution has never been used to date?
A. Proposal by ⅔ support in both houses of Congress.
B. Ratification by ¾ of state legislatures.
C. Ratification by ¾ of state conventions.
D. Proposal through a national convention called by Congress.
LO 2.7
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LO 2.8 Summary
• Understanding the Constitution
• The Constitution did not create a majoritarian
democracy so majorities did not always rule.
• Gradual democratization of the Constitution –
Right to vote has expanded, senators are
elected, and president electors are now
agents of political parties.
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LO 2.8 Summary
• Understanding the Constitution (cont.)
• By protecting individual rights and limiting
government power to restrict them, the
Constitution limits the scope of government.
• By dispersing power among institutions, the
Constitution increases access of interests to
government but also allows these interests to
check each other and produce stalemate.
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The Constitution has been
amended times to
expand the electorate.
A. 5
B. 4
C. 3
D. 2
LO 2.8
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The Constitution has been
amended times to
expand the electorate.
A. 5
B. 4
C. 3
D. 2
LO 2.8
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Photo Credits
• 28: Jeff Fusco/Getty Images
• 29T: US Capitol Historical Society
• 29TC: New York Public Library Picture
Collection
• 29TB: Hulton Picture Archive/Getty Images
• 29B: Luke Frazza/Getty Images
• 31: Joe Griffiths/Hulton Archive/Getty
Images
• 32: US Capitol Historical Society
• 34L: Brown Brothers
• 34R: National Archives and Records
Administration
• 37: Scribner’s Popular History of the United
States, 1987
• 38: Yale University Library, Sterling
Memorial Library
• 39: New York Public Library, Astor Lenox
and Tilden Foundation
• 41T: DOONSBURY, GR Trudeau.
Reprinted with permission of the Universal
Press Syndicate. All Rights Reserved
• 42B: New York Public Library Picture
Collection
• 47: National Geographic Photographer
George Mobley/US Capitol Historical
Society
• 52: Hulton Archive/Getty Images
• 55: By permission of Mike Lukovich and
Creators Syndicate
• 58: Luke Frazza/Getty Images