NAME: _______________________________________DATE: __________USI/Wieme/Flaim Period:_____

Constitution HandbookA. First Impressions: Page 2 Grade: _______B: Constitution Scavenger Hunt: Pages 3-4 Grade: _______B. Preamble: Page 5 Grade: _______C. Seven Principles Overview: Pages 6 – 8 Grade: _______D. Popular Sovereignty: Page 9 Grade: _______E. Federalism: Pages 10 – 12 Grade: _______F. Separation of Powers: Page 13-14 Grade: _______G. Checks and Balances: Pages 15 – 17 Grade: _______H. Flexibility: Page 18 Grade: _______I. Limited Power: Page 19 Grade: _______J. Check Your Understanding: Page 20 Grade: _______

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FIRST IMPRESSIONS

Directions: Use your textbook copy of the Constitution in your textbook or online to answer the questions below.

1. How many separate sections (called articles) does the Constitution have?

2. Is the Constitution longer or shorter than you expected?

3. The first three articles describe the legislative branch, the executive branch, and the judicial branch. Without reading the articles, why do you believe that the founders may have put the legislative branch before the executive branch?

4. How many people signed the Constitution? Is that number higher or lower than you expected? What do you notice about the makeup of the people who signed the Constitution?

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Constitution Scavenger HuntDirections: Look carefully through the Constitution to find out the following information!

1. What is the introduction of the Constitution called?

2. Which article of the Constitution discusses the Legislative Branch?

3. What does the Legislative Branch have the power to do? (look in the tan section!)

4. What are the two houses of Congress called?

5. How often are members of the House of Representatives elected?

6. What are the qualifications needed to be a member of the House?

7. What is the minimum number of representatives that a state can have?

8. What does it mean to impeach?

9. How many Senators are there from each state, and for how long do they serve?

10.What are the qualifications for Senators?

11.Read Article 1, Section 6, Clause 2. Why do you think the Founding Fathers included this limit?

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12. According to Article 1, Section 7, which house of Congress (the House of Representatives or the Senate) has the power to make laws about collecting taxes?

13. How many powers are given to Congress in Article 1 Section 8?

14.How many powers are DENIED to Congress in Article 1 Section 9?

15.Which Article of the Constitution talks about the powers of the Executive Branch?

16.What are the qualifications needed to be eligible to become President?

17.Who steps in for the President in the event of an assassination or the death of the President?

18.Which Article deals with the Judicial Branch?

19.What is the name of the highest court in the country?

20. Why do you think the Constitution is set up to divide power between 3 branches?

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The Preamble is the PURPOSE of the Constitution!!For help with the chart below use your textbook.

A CLOSER LOOK: GOALS OF THE PREAMBLE

Preamble Explanation (What does it mean?) SIGNIFICANCE (Why is it important?)

“Form a more perfect union”

“Establish Justice”

“Insure Domestic Tranquility”

“Provide for the common defense”

“Promote the General Welfare”

“Secure the blessings of liberty to ourselves and our posterity”

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6 Principles Overview

Directions: Use your answers from your 6 Principles note sheet to help you answer the questions in the chart below. You may also refer to pages 143-145 in the textbook.

Topic Question AnswerPopular Sovereignty

Who givesthe power?

Federalism How is powershared?

Separation of Powers

How is power divided?

Checks andBalances

How is powerevenly distributed?

Limited Government

How is abuse ofpower prevented?

Individual Rights

How are personal freedoms protected?

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I. Popular Sovereignty

The Constitution is considered the supreme law of the nation. It is based on the idea of popular sovereignty (the will of the people) in which the people decide, by majority rule, what they want. This principle is stated in the first section of the Constitution, called the Preamble (introduction). In opening words, “We the people…” tell us that the right to form a government comes from the people and that the authors of the Constitution were acting as representative of the American people. The rest of the Preamble states what the authors believed should be the goal of the new government.

1. Define popular sovereignty.

2. In which part of the constitution was this principle stated:

3. Why does a government that relies on popular sovereignty have a greater chance of being a successful government?

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II. Federalism

The writers of the Constitution knew that under the Articles of Confederation the national government was too weak. However, they still feared giving it too much power because of their bitter experience with the powerful British government, which has taxed them without their consent. They decided to create a system where power was shared between the national government and the state governments. This division of power is called federalism. The national government deals with matters that affect the whole country, as well as relations between the states. The terms “national,” “federal,” and “central” government all refer to the government in Washington, DC. State governments all control their own affairs.

The power to govern are shared as follows:

Delegated Powers: powers which the Constitution gives exclusively (only) to the national government.Reserved Powers: powers which were reserved (kept) by the states and belong exclusively to the state governments.Concurrent Powers: powers shared by the state governments and the national government.

The framers (authors) of the U. S. Constitution realized that in a new government, there were bound to be conflicts between the national government and the various state governments. Anticipating such conflicts, they added Article VI, known as the Supremacy Clause. This article states that the Constitution is the law of the nation. It was on the basis of this clause that the Supreme Court declared that the national laws were supreme over state laws.

What do you call a power that is What do you call a power What do you call ashared by both the national and that is held by only a national power that is held onlystate governments? government? by state governments?

Name two examples. Name two examples. Name two examples.

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Constructed- Response Question

Base your answers to Questions 1 and 2 on the chart below.

Under the federal system, states and the national government divide up power.

The Federal SystemPowers Delegated to the National Government:

Regulate foreign and domestic trade

Set standard weights and measures

Create and maintain armed forces

Establish postal offices

Establish foreign policy

Create federal courts

Coin money

Declare war

Admit new states

Powers Reserved to States:

Create corporation laws

Regulate trade within state

Establish and maintain schools

Establish local governments

Make laws about marriage

Conduct elections

Provide for public safety

Powers Shared by National and State Government:

Provide for public assistance

Administer criminal justice

Charter banks

Raise taxes

Borrow money

Source: A History of the Republic- The United States to 1877

I. Name two powers shared by the national and state government? (2)

1. ___________________________________________________________________________________

_____________________________________________________________________________________

2. ___________________________________________________________________________________

_____________________________________________________________________________________

II. Who has the power to set up schools? (1)

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_____________________________________________________________________________________

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Federalism: Delegated or Reserved?

Your job today is to figure out whether or not the following powers are “Delegated” (powers that only the national government has) or “Reserved” (powers kept by the states that belong to their governments). You will have a word bank to choose from.

Declare war and maintain forces Coin or print moneyEstablish local governments Regulate trade within a single stateLicensing (driver’s license, hunting license) Establish and maintain public schoolsRegulate trade between 2 or more different states Provide for public safety (police force)Make laws about marriage and divorce Admit new states

POWERS “DELEGATED” TO THE NATIONAL GOVERNMENT

POWERS “RESERVED” TO THE STATES

1. ____________________________________________________________

2. ____________________________________________________________

3. ____________________________________________________________

4. ____________________________________________________________

5. ____________________________________________________________

1. ____________________________________________________________

2. ____________________________________________________________

3. ____________________________________________________________

4. ____________________________________________________________

5. ____________________________________________________________

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III. Separation of Powers

Because the authors of the Constitution feared leaving too much power in the hands of one government, they also separated the three main powers of the national government into different branches. The legislative (the power to make the laws), the executive (the power to carry out the laws), and the judicial (the power to interpret and enforce the laws). The separation made it difficult for any one branch of government to become too powerful. State governments, like New Jersey, also follow the same model of separating powers among the branches.

WHY ARE THE POWERS SEPARATED?

THE THREE BRANCHES OF U. S. GOVERNMENT

Legislative Branch Executive Branch Judicial BranchSenate, House of Representatives

President, Vice President Supreme Court, Federal Courts

Makes laws- Overrides presidential vetoes- Approves presidential appointments- Approves treaties- Taxes to provide services- Provides for defense, declares war- Regulates money and trade- Impeaches officials

Enforces laws and treaties (carries out the laws)- Can veto laws- Appoints high officials- Conducts foreign policy- Enforces laws and treaties- Commander in Chief of the military- Recommends bills to Congress- Reports the state of the Union to Congress

Explains and interprets laws- Settles legal disputes between states- Settles state and federal disputes- Settles disputes between states and foreign countries- Hears cases with ambassadors of foreign governments- Settles disputes between individuals and Federal Government

National Government: CongressSenators:Representatives:

National Government: President:

National Government: Supreme Court

State of New Jersey: State LegislatureWho are your representatives?

State of New Jersey:Governor:

State of New Jersey:State Supreme Court

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Separation of Powers

For each situation below, use the information on page 14 to figure out which branch has responsibility!

1. The people are demanding new gun control laws in response to the tragedy in Sandy Hook. Who is responsible for making laws?

2. Secretary of State, John Kerry, has announced that she will be stepping down from office. We need a new Secretary of State! Who is responsible for appointing high officials?

3. New Jersey has decided to sue the state of Pennsylvania. Who hears the case and is responsible for settling the conflict?

4. Our government needs money to pay for programs and the enforcement of laws. Who is responsible for raising revenue? (money)

5. The United States decides to send military aid to the Middle East. Who is the Commander in Chief of the military, responsible for giving our military orders?

6. If after we send military aid to the Middle East, the situation escalates and the United States has to declare war, which branch has the power to do that?

7. Arizona passed a law that the Federal Government doesn’t agree with. Whose responsibility is it to step in and resolve this conflict?

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8. IV. Checks and Balances

In order to prevent any one of the three branches from becoming too powerful, the Constitution gave each branch ways to stop or “check” the other branches. For example, the Senate must approve most President appointments, while the President may veto (stop) laws made by Congress. In this way, power is kept in balance among the branches.

Responsibilities of each branch of Government:

Judicial Branch Legislative Branch Executive Branch- May declare a law unconstitutional- May rule executive orders unconstitutional

- May override the president’s veto- May impeach and remove the president from office- Sets salaries of federal judges- May refuse to ratify a treaty- May override Supreme Court by proposing constitutional amendment- May refuse to confirm appointments

- Appoints federal judges- Recommends legislation- Calls special session of Congress- May veto bills- May grant reprieves and pardons

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Checks and Balances

A unique feature of the U. S. political system is the separation of the powers and duties of the federal government among three branches- legislative, executive, and judicial- so that no one person or group has all of the power. Use resources (your textbook, the internet) to determine which of the three branches carries out each of the powers and duties listed below. Write the power or duty inside the box under the appropriate branch of government.

Legislative Branch Executive Branch Judicial Branch

Powers and Duties:

Sign bills into laws Can impeach president Decides on meaning of lawsCan pardon people Can declare war Commands the armed forcesAppoints judgesInterprets theories Enforces laws Passes lawsCan impeach judges Regulates trade Approves treatiesAppoints ambassadors Can overturn president’s veto Approves appointment of judgesCan determine number of justices on the Supreme Court Can call special sessions of CongressCan propose amendments to the Constitution Can declare a law unconstitutionalAppoints top members of executive branch Approves appointment of ambassadors

Makes treaties with foreign governments

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Checks and Balances

1. Who may override the president’s veto

__________________________________________________________________

2. Who may impeach and remove the president from office

__________________________________________________________________

3. Who may declare a law unconstitutional

__________________________________________________________________

4. Who sets salaries of federal judges

__________________________________________________________________

5. Who recommends legislation

__________________________________________________________________

6. Who may refuse to ratify a treaty

__________________________________________________________________

7. Who calls special sessions of Congress

__________________________________________________________________

8. Who may ratify a constitutional amendment

__________________________________________________________________

9. Who may veto bills

__________________________________________________________________

10. Who may grant reprieves and pardons

__________________________________________________________________

11. Who may rule executive orders unconstitutional

__________________________________________________________________

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Flexibility

Although it was written over 200 years ago, the Constitution has been able to keep up with the changing needs of the country. Changing interpretations of the Constitution, especially by the U. S. Supreme Court, have helped adapt the Constitution to new conditions. For example, delegated power to regulate interstate commerce has been interpreted to mean that Congress can pass a minimum wage law, since products made by workers in one state can be sold in another state. Another way the Constitution keeps pace is through the process of an amendment (an addition or change in the text of the Constitution). To prevent changes for unimportant reasons, the amending process was made far more difficult than passing an ordinary law. It is only when there is a general demand for fundamental change that amendments get ratified. One example was the widespread public demand in the 1970s that 18- year olds should have the right to vote.

SUMMING UP: PRINCIPLES OF THE CONSTITUTION

The U. S. Constitution contains a number of important principles. These principles include popular sovereignty, federalism, separation of powers, checks and balances, limiting the powers of government, and having the flexibility to adapt to new conditions.

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LIMITS ON THE POWER OF GOVERNMENTThe authors of the Constitution took great care to spell out the specific powers of the federal government.

The federal government can only use those powers that are delegated (specifically given to it by the Constitution). For example, some of the major powers of the legislative branch (Congress).

Congress Has The Power To: This Means That:Regulate interstate commerce

Impose and collect taxes

Coin money

Congress can control trade among the states

Congress can create and collect taxes

Congress can print money and issue coins

The Constitution allows the federal government to “stretch” its delegated powers to some degree. The government may take additional unlisted actions that are “necessary and proper” for Congress to carry out its delegated powers. The “necessary and proper” clause is sometimes called the Elastic Clause because it “stretches” the powers of Congress. For example, the Constitution does not specifically give Congress the power to create a national bank. But the Constitution does give the Congress the power to collect taxes and regulate interstate commerce (trade). In order to exercise these powers, Congress might decide that it is “necessary and proper” to establish a national bank, even though the power to establish a national bank is not specifically mentioned in the Constitution.

Congress Has The Power To (choose one) What Might Be “Necessary and Proper” for Congress To Do In Order To Complete the Task on the Left:

(circle one of these powers below)Declare War

Establish Post Offices

Admit New States

Regulate Foreign Trade

The Constitution also says that both the national and state governments are prevented from doing these actions:

Powers Denied to the Federal Government

Powers Denied to Both The Federal and State Government

Powers Denied to the State Governments

Suspend the writ of habeas corpus

Spend money without Congressional approval

To give preference to one state over another

To grant titles of nobility To tax exports

To deny people due process of law

To print money To enter into treaties To tax imports To tax the federal

government

To declare war

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CHECKING YOUR UNDERSTANDINGDirections: Complete the following cards. Then answer the multiple choice questions.

FEDERALISM

Define: __________________________

Example: ________________________

SEPARATION OF POWERS

Define: __________________________

Example: ________________________

CONCURRENT POWERS

Define: __________________________

Example: ________________________

CHECKS AND BALANCES

Define: __________________________

Example: ________________________

1. According to the principle of “popular sovereignty,” political powers rests with the

(1) Supreme Court (3) President(2) Congress (4) people

2. Which is an example of a “delegated power” of the national government?

(1) setting speed limits on state roads(2) building schools(3) regulating interstate commerce(4) determining the price of goods

3. An example of a “reserved power” held by the state governments is the power to

(1) establish post offices (3) coin money(2) set marriage qualifications (4) raise an army

4. An example of a “concurrent power” of both the state and national governments is to

(1) collect taxes (3) establish foreign policy (2) declare war (4) coin money

5. The “elastic clause” of the U. S. Constitution refers to powers of

(1) the states (3) Congress(2) the President (4) the Supreme Court

6. The basic purpose of constitutional checks and balances is to

(1) protect the states from invasion by foreign governments(2) prevent any one branch of the federal government from becoming too strong(3) enable the federal government’s power to grow(4) provide a written guarantee of the rights of each citizen

7. State laws that govern teenage driving in different parts of the United States provide an example of

(1) checks and balances (2) a reserved power(3) popular sovereignty (4) a delegated power

8. A basic feature of a “federal” system of government is that it

(1) punishes citizens who break the law(2) divides power between the national and state

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governments(3) has an elected national court system(4) makes sure all minorities receive equal pay

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