American Government

T H E U L T I M A T E C R E D I T - B Y - E X A M S T U D Y G U I D E F O R :

American Government

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American Government Study Guid 1 st Edition 10/5/2020

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American Government Study Guide

©2020 Page 3 of 32 Table of Contents Chapter 1: Foundational Principles of Government .....................................................................................................5 1.1 Popular Sovereignty ...............................................................................................................................................5 1.2 Federalism...................................................................................................................................................................6 1.3 Limited Government ..............................................................................................................................................6 1.4 Separation of Powers .............................................................................................................................................7 1.5 Checks and Balances...............................................................................................................................................7 1.6 Chapter 1 Review Questions...............................................................................................................................8 Chapter 2: The Preamble to the Constitution ...............................................................................................................10 2.1 Establish Justice.....................................................................................................................................................10 2.2 Insure Domestic Tranquility............................................................................................................................10 2.3 Provide for the Common Defense .................................................................................................................11 2.4 Promote the General Welfare..........................................................................................................................11 2.5 Secure the Blessings of Liberty ......................................................................................................................12 2.6 Chapter 2 Review Questions............................................................................................................................12 Chapter 3: Articles of the Constitution.............................................................................................................................13 3.1 Article I Legislative Branch ..............................................................................................................................13 3.2 Article II Executive Branch...............................................................................................................................15 3.3 Article III Judicial Branch..................................................................................................................................15 3.4 Article IV The States ............................................................................................................................................16 3.5 Article V The Amendment Process...............................................................................................................16 3.6 Article VI Debts, Oaths, and Supremacy.....................................................................................................17 3.7 Article VII Rati�ication ........................................................................................................................................17 3.8 Chapter 3 Review Questions............................................................................................................................17 Chapter 4 The Amendments to the Constitution.........................................................................................................19 4.1 The Bill of Rights ...................................................................................................................................................19 4.2 Amendments 11 and 12.....................................................................................................................................20 4.3 Civil War Amendments ......................................................................................................................................20 4.4 Progressive Era Amendments ........................................................................................................................21 Achieve Test Prep

4.5 The Remaining Amendments..........................................................................................................................22 4.6 Chapter 4 Review Questions............................................................................................................................22 Chapter 5 Political Parties and Interest Groups ..........................................................................................................24 5.1 What are Political Parties? ...............................................................................................................................24 5.2 Formation of Political Parties .........................................................................................................................24 5.3 Two-Party System and the role of Third Parties ...................................................................................25 5.4 What are Interest Groups? ...............................................................................................................................25 5.5 Private vs. Public Interest Groups.................................................................................................................26 5.6 Chapter Review Questions ...............................................................................................................................26 Chapter 6 Public Opinion and Political Behaviors......................................................................................................28 6.1 What is Public Opinion?.....................................................................................................................................28 6.2 Political Socialization..........................................................................................................................................28 6.3 Political Ideology...................................................................................................................................................29 6.4 Civic Engagement..................................................................................................................................................29 6.5 Chapter Review Questions ...............................................................................................................................30 Works Cited Page........................................................................................................................................................................31 Chapter Review Answer Key.................................................................................................................................................32

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Chapter 1: Foundational Principles of Government

Overview In this chapter, we will be looking at the �ive foundational principles of government that are evident throughout the Constitution of the United States. We will examine why these principles were so im- portant to adhere to when developing a plan of government. Learning Objectives At the end of this chapter, you should be able to: 1. Identify the �ive foundational principles of government. 2. Understand why the principles of government needed to be applied to the constitution. 3. Explain how these principles will address the weakness experienced by the Articles of Con federation. 1.1 Popular Sovereignty The power and the authority of any governing body must come from a declared source. Before the American Revolution, that power and authority rested solely with the monarch in England. After the Declaration of Independence, during the Second Continental Congress, the original thirteen colonies rati�ied the Articles of Confederation. Under the Articles of Confederation, the power and authority of government rested independently within the thirteen colonies or states at that time. By operating independently ultimately made the federal central government weak, which resulted in the failure of the Articles of Confederation. The desire to create a government that was by the people and for the people requires the people to have a greater ownership with their government. The United States Constitution was written with the principle that the people must hold the power and authority in government. That principle is popular sovereignty . By transferring the power of government to the people, this ensures that all citizens have not only a say in government, but a responsibility to take an active part in government. So how does the constitu tion re�lect popular sovereignty? Citizens directly elect Congress and the President through state and national elections. This republic style of government or representative form of government allows citizens to replace elected of�icials through elections once a sitting mem ber’s term has expired. The election process is the very essence of what popular sovereignty repre- sents and displays. It is what make the constitution the necessary replacement for the Articles of Confederation.

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1.2 Federalism One of the major failures of The Articles of Confederation is that too much power was given to the states when not enough was given to the federal government. In that system, the power and authority didn’t really exist on a federal level. That means if there was a threat of invasion, economic opportu- nities, or alliances and treaties to be made, the each state would do what is in their own interests as opposed to the interests of the nation. The United States under the Constitution of the United States needed to provide the federal govern ment more power but at the same time, not strip states of their autonomy to govern their own people. When power is shared between the state and federal governments, then a system of federalism ex- ists. Having a hierarchy of government from federal to state to local, provides a clear authority while still providing an outlet for changes on the state and local levels to govern their own people. A federal government must have the authority to unite the states during times where unity is a ne cessity. The federal government must have the power to raise an army, conduct international and interstate commerce, and to establish treaties and alliances across the globe. By holding true to the principle of federalism, the United States Constitution will provide the means to do such things throughout its articles. 1.3 Limited Government The previous section detailed the importance of providing power to the federal government. And while that power is paramount to the success of any great nation, there must be limits put into place so the power of that federal government never becomes too great that the people can’t change it. If the people are truly sovereign, then they must be able to change and replace the government based upon the general will of the public. If this is prohibited based upon the structure of the government, then it will turn into an authoritarian government much like a dictatorship or a monarchy. The very essence as to why the colonies broke away from the monarch in Britain was because of their lack of representation and voice within the government. In order for the founding fathers to avoid this situation from taking place, they needed to instill the principle of limited government . Limited government is the idea that the government can only exer- cise powers that have been given to it in the constitution. The roles and functions of the government are laid out in the constitution, but there were some loopholes that have enabled the power of gov ernment to expand over time. These loopholes will be discussed in later chapters. Limited government also ensure that state and local levels of government can assert powers over their jurisdictions due to the fact that the federal government’s oversight is expressly written within the constitution. Limited government places restrictions on all levels of which provides the people an

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©2020 Page 7 of 32 opportunity to not only have a say within the election of the federal government, but also within the state and local levels. 1.4 Separation of Powers In order to maintain the previous mentioned principles of popular sovereignty, federalism, and lim ited government; the United States Constitution must establish a system were too much power is not wielded by an individual entity. Somehow the power of the government needed to be divided up into individual group’s control and they needed to operate independently from one another. This would ensure that no single group becomes the operating power of the United States government. It was agreed upon by the founding fathers that there must be a separation of powers in order for the government to maintain its other principles. Heavily in�luenced by Baron de Montesquieu, the authors of the constitution divided the power of the government into separate branches with their own unique roles and powers. They established a branch to create the laws of the land. This branch is known as the legislative branch. Another branch was established to carry out or execute the laws of the land which is called the executive branch. Lastly, the third branch of government is known as the judicial branch which is responsible for interpreting the law and protecting the rights of all citizens. By separating the powers of government, people could select representatives to �ill the roles that they are best suited to serve. With each branch being responsible for something else, it would make it dif�icult for anyone to come into power that can become too powerful. However, separating the pow- ers into different groupswasn’t going to be enough to prevent this potential problem fromhappening. They needed to add another principle that would connect the branches if problems were to arise. 1.5 Checks and Balances With the powers of the government being separated into three independent branches, something needed to be put into place to ensure that one branch doesn’t become more powerful than the other branches. The principle that was put in place was a system known as checks and balances . This sys- tem not only provided the branches of government with the powers they needed to carry out their roles, but also powers to keep the other branches in check so they can’t run the government inde- pendently. The individual powers that are expressed in the constitution will be discussed in later chapters, how- ever it is important to see just how these checks and balances operate. If you take a look at the legis- lative branch of government, they have the power to create laws. When a law is approved by the legislative branch, it must be signed by the executive branch, that is check number one. If the execu- tive branch vetoes a bill preventing it from becoming law, the legislature can override the veto with a two-thirds vote in both houses of the legislature. That would be check number two in this scenario. Achieve Test Prep

Lastly, the judicial branch can check this law by declaring it unconstitutional through its power of judicial review, which was a result of the Supreme Court case of Marbury vs Madison in 1803. So as you can see, even though each branch has powers to accomplish things in government, they can only exercise these powers fully through a system of checks and balances. This ultimately makes the government move much slower with this principle in place, but it allows the safe execution of government powers know that the other two branches can stop anything that isn’t the best for the people.

1.6 Chapter 1 Review Questions 1. Which principle of government provides the power and authority of government to the people? a. Popular Sovereignty b. Limited Government c. Separation of Powers d. Federalism 2. Which principle of government establishes a sharing of power between the state and federal governments? a. Popular Sovereignty b. Limited Government c. Separation of Powers d. Federalism 3. Which branch of government has the power to create laws? a. Federal Branch b. Judicial Branch c. Legislative Branch d. Executive Branch 4. Which branch of government has the power to carry out the laws? a. Federal Branch b. Judicial Branch c. Legislative Branch d. Executive Branch

5. Which branch of government has the power to interpret the meaning of laws? a. Federal Branch b. Judicial Branch c. Legislative Branch d. Executive Branch 6. Which principle of government ensure that no branch of government becomes more powerful than the others? a. Popular Sovereignty b. Limited Government c. Separation of Powers d. Checks and Balances 7. What plan of government failed before the United States Constitution? a. Magna Carta b. Articles of Confederation c. Declaration of Independence d. Federalist Papers 8. What principle of government allows the government to only exercise powers given to it within the constitution? a. Popular Sovereignty b. Limited Government c. Separation of Powers d. Checks and Balances

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9. What principle of government divides the power of government into three branches with different roles? a. Popular Sovereignty b. Limited Government c. Separation of Powers d. Checks and Balances

10. What Enlightenment thinker heavily in�lu- enced the idea of dividing the power of government into branches? a. Baron de Montesquieu b. Thomas Jefferson c. John Locke d. Jean Jacques Rousseau

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Chapter 2: The Preamble to the Constitution

Overview The established purpose at the beginning of the preamble is to “form a more perfect union”. In order to obtain achieve this purpose, the Constitution must have a set of goals to reach by the time it is rati�ied. These goals served as the outline for the constitution. Learning Objectives 1. Identify the goals the Preamble of the Constitution. 2. Understand the importance of these goals to the nation’s future. 3. Understand how these goals were impacted by the Articles of Confederation. 2.1 Establish Justice Citizens of any state, nation, or empire in history all crave a sense of justice being served. The Pream ble of the Constitution includes establishing justice �irst to achieve the purpose of forming a more perfect union. Without justice, a system based upon the rule of law falls apart. So what does justice look like? By empowering the people with the choice of whom represents them, people have a say in their own justice system. The �irst way is to establish a set of laws and conse- quences that all citizens must abide by to live in the United States. Laws established for federal, state, and local levels that all serve the needs of citizens within each jurisdiction. Each level will also have enforcement that should objectively carry out and execute the laws within each jurisdiction. Secondly, once the enforcement of a law has been carried out, a judicial system needs to be in place to objectively interpret the law. The judicial system is the backbone of justice in any government system. Later in this study guide, you will see exactly how the law is interpreted, not only in criminal cases, but civil cases as well. 2.2 Insure Domestic Tranquility The idea of domestic tranquility is beautiful to imagine, but as human beings trying to coexist from different background and experiences, it can be very dif�icult to realize. Moreover, how does a gov- ernment provide support to provide this tranquility to its citizens? How does law enforcement work to keep law and order without sti�ling the rights of everyday citizens? Law enforcements job is two-fold. First, law enforcement of�icials are trained to maintain law and order to enforce the laws equally regardless of whom that citizen is or where they are from. Secondly, law enforcement is there to protect the rights that have been given to those citizens and not infringe

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upon them. These two jobs can sometimes come into con�lict with one another, so achieving domestic tranquility can be quite the daunting task. Lastly, to maintain domestic tranquility, the government must provide opportunities for its citizens to make a living to survive in society. People that lack opportunity will not live in harmony with those that have opportunity. When people can take care of themselves and their family, they are more con tent in life and can coexist peacefully with other citizens. 2.3 Provide for the Common Defense As a nation that needed to make a stronger central government than that of the Articles of Confeder ation, the creation of the United States Constitution needed to include national provisions for an army to protect the nation. When the Articles of Confederation was the plan of government for the United States, each state acted as the defender of its own territory. In the new constitution, provisions needed to be in place to pro- tect the nation as a whole instead of requiring each state to provide its own military to �ight foreign invaders. A federal army e nsures that no state can sit out of foreign con�lict or come into con�lict with others countries or states. The main goal is a uni�ied force that represents the whole of a nation, without taking away what it means to be a state. The legislative branch is given charge to raise an army and navy, which will be expanded later after the constitution. 2.4 Promote the General Welfare Another goal of the Preamble to the Constitution was to promote the general welfare for the public. The welfare is measured by the physical well-being of individuals, economic prosperity, and a satis- �ied desire of being involved in the political process. There are many issues that individual deal with where they might turn to their government for assis- tance. The federal government needed to have some oversight in helping those that are in need. As time has moved forward, government’s role has expanded in this area as needs have increased over time. The government also needs to provide assistance during dif�icult economic times as well as help to stimulate growth within the economy to allow others to capitalize on opportunities to make a living. A prosperous economy directly correlates to the general welfare of the nation.

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Lastly, the general welfare relates to having a system that allows every citizen a voice in government. If they have a voice and aren’t pleased with their current situation, the citizen can get actively in- volved in the political process. 2.5 Secure the Blessings of Liberty If there is one thing people attribute to the American way, it is centered around the idea of freedom. An individual’s freedom is an invaluable feeling that is often taken for granted. Many times, people don’t notice the freedoms they had until they are gone. The goal for the American government is to protect and guarantee those rights for all of their citizens. The government can legally protect the rights of its citizens by creating government structures that prevent domestic and foreign threats from taking those rights way. The government can protect lib- erty through the armed forces protecting the nation, but it can also do so through the judicial system. Since the courts have the �inal say on the constitutionality of laws, they also are the last line of defense to protect the freedoms guaranteed in the constitution. 2.6 Chapter 2 Review Questions 1. What goal of the preamble is about pro

4. What goal of the preamble is about tak- ing care of the citizens of the nation? a. Insure Domestic Tranquility b. Provide for the Common Defense c. Promote the General Welfare d. Secure the Blessings of Liberty 5. What goal of the preamble revolves around fairness to the citizens? a. Establish Justice b. Provide for the Common Defense c. Promote the General Welfare d. Secure the Blessings of Liberty

tecting the freedoms of people? a. Insure Domestic Tranquility b. Provide for the Common Defense c. Promote the General Welfare d. Secure the Blessings of Liberty 2. What goal of the preamble is centered around the threat from foreign invaders? a. Insure Domestic Tranquility b. Provide for the Common Defense c. Promote the General Welfare d. Secure the Blessings of Liberty 3. What goal of the preamble is centered around the idea of keeping the peace be- tween citizens? a. Insure Domestic Tranquility b. Provide for the Common Defense c. Promote the General Welfare d. Secure the Blessings of Liberty

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Chapter 3: Articles of the Constitution

Overview The Constitution of the United States of America is seven articles long and covers the basic plan of government for the new United States of America. This plan of government contains the foundational principles of government discussed in chapter one and the goals of the constitution in the preamble from chapter two. It organizes the structure of the government, sets rules and guidelines for the states, and gives room to amend the constitution. Learning Objectives 1. Identify the major themes of each article of the constitution. 2. Identify the principles of government through the actual writing of the constitution. 3. Describe the relationship between state and federal powers. 4. Understand the amendment process and how dif�icult the process is to enact. 5. Evaluate whether the constitution �ixed the issues of the Articles of Confederation. 3.1 Article I Legislative Branch After the failed Articles of Confederation, the new constitution needed to provide a better system for making laws incorporating the idea that a stronger central government was needed. There were two major plans for a legislative branch, the Virginia Plan and the New Jersey Plan. The Virginia Plan fa- vored states with the bigger populations having representatives based on total population of a state, while the New Jersey plan favored states with small populations by giving one vote per state. A com- promise was reached and the founding fathers decided to create a bicameral legislature , or two houses/chambers to make the laws of the land. One house is call the House of Representatives. Each state gets representatives based on their total population and can be adjusted if the state gains or loses population. In order to be a representative, one must be twenty- �ive years of age, be a citizen for seven years, and be a resident of the state that the individual is representing. The term length for each representative is two years. The number of people represented between representatives is as equitable as possible. Currently, there are 435 rep- resentatives in the House of Representatives. The other house is called the Senate. Each state get two senators ensuring equal representation be- tween all of the states within the Senate. In order to be a senator, one must be twenty-eight years of age, be a citizen for nine years, and be a resident of the state that the individual is representing. The term length for each senator is six years. Currently, there are 100 senators in the Senate and if there is a 50-50 tie on a vote, the Vice President of the United States is the tiebreaking vote.

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©2020 Page 14 of 32 Article I section four covers the role of states and how they run and control the elections and all the details surrounding elections. Also, this sections of article I describes how Congress establishes its own schedule but over time it has been modi�ied b y the twentieth amendment. Congress also deter mines the legitimacy of their members when they are elected. They also have the power to establish their own rules within each house, punish members when they are out of line, and expel members with a two-thirds vote in whatever house in which they serve. They can also call a quorum , which is a vote when the majority of members are present. So all mem- bers of Congress don’t have to be there to have a vote cast. Lastly, all sessions of Congress are rec orded for the public unless they deem it necessary to be classi�ied, however; if one - �ifth of the mem- bers want it recorded, it will be. Article I section seven details how a bill becomes a law and how all revenue bills must start in the House of Representatives. The process of a bill to become a law can seem arduous, but to ensure that the representatives get things correct, the process jumps back and forth between both houses of Con gress until they agree upon a �inal draft to be sent to the President of the United States. The president then has three courses of actions. The �irst is to sign the bill into law, the second is to veto the bill or deny it and send it back to Congress, or the third and least frequently used option is known as the pocket veto which involves the president waiting ten days at the end of a legislative term and letting it veto naturally. However, if a bill is vetoed, Congress can override the president’s veto with a two- thirds vote in both houses of Congress. This is a good example of the checks and balances that exist in the Constitution. Article I section eight expresses the powers that have been bestowed upon the legislative branch. Arguably, the most important power that ultimately keeps the executive branch in check is the power to control the budget/money for the government. So no matter what the presidential action or initi- ative may be, it must have congressional approval to receive money. Congress also has the power to raise a military, regulate commerce, and anything that relates to economic matters in the United States. Article I section nine details limitations on the legislative branch as far as laws they cannot create. First, Congress cannot pass laws that violate the Writ of Habeas Corpus or laws that deny a pris- oner’s right to have their day in court. So, Congress cannot prevent someone from understanding and being heard as to why they are imprisoned. Secondly, they cannot pass Bills of Attainder or laws that target a speci�ic group making who they are or what they do guilty of a crime. Laws can’t be created to target speci�ic groups of people, they should be designed for the safety of an entire society. Lastly, Ex Post Facto laws or law s targeting speci�ic actions after the fact making someone guilty. Achieve Test Prep

3.2 Article II Executive Branch Article II of the United States Constitution details the organization and the requirements of the exec utive branch. At the head of the executive branch, the power is bestowed up a president who also has a vice president to serve as the chief executives of carrying out the laws of the land. A president nom- inates a group of of�icials known as the Cabinet, they help oversee different areas of everyday life. The requirements to become are that one must be a natural born citizen of the United States of Amer- ica, at least thirty- �ive years of age, and be a resident of the United States for a minimum of fourteen years. This section also includes the rules for electing a president and a vice president, but it has been changed over the course of time. When we examine the twelfth amendment later in this study guide, we will discuss the presidential election process. Article II section two details the powers that are given to the President of the United States of Amer- ica. The president is given the power not only to carry out the laws of the nation, but the president is also the commander in chief of the armed forces. As head of the military, the president can decide where, when, and how to use the military. Even though the president controls the military, the power of declaring war against another nation is a power held by Congress as a check to the power of the president. The president also has the power to pardon someone from most federal crimes as well as appoint numerous of�icials to the executive and judicial bra nches. If Congress approves the nominations, the president can appoint federal judges, the Cabinet, and ambassadors. The president can also make treaties with other nations as long as Congress approves the action. These powers are a lot within the hands of one person, which is why all of these actions require the approval of Congress to ensure these powers don’t go unchecked. Lastly, in Article II of the United States Constitution, covers the role of the president delivering a State of the Union address to Congress as well as what happens to a president if he or she needs to be removed from of�ice. In cases of impeachment, the House of Representatives acts as the prosecution and the Senate acts as the jury. 3.3 Article III Judicial Branch Article III of the United States Constitution establishes the highest court of the land which is called the United States Supreme Court. There aren’t any speci�ic quali�ications to become a supreme court j ustice, but a justice must be nominated by the President of the United States and con�irmed by the Senate. Also, the Supreme Court of the United States has original jurisdiction , or the ability to hear a case �irst over other course in cases that involve ambassadors, consuls, public ministers, and cases where

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a state is a party. In other cases, the supreme court will act as the highest appeals court of the land. The power of the judicial branch increased with the ruling in Marbury vs. Madison in 1803. Thi s gave the supreme court the power of judicial review to declare any law or action unconstitutional if it violates the constitution. This solidi�ies the role of the courts to interpret the law. 3.4 Article IV The States Article IV of the United States Constitution deals directly with how states relate to one another and with the federal government. This was necessary to ensure the separation of the levels of government between the state and federal governments and to enable a stronger centralized federal government. At the beginning of article IV, the founding fathers established the full faith and credit clause. This is the idea that each state will honor the other states laws and agreements. This would ensure the safety and rights of American citizens traveling from state to state. Also included is the idea that each person is granted the same privileges and immunities regardless of what state they are coming from and what state they are entering. Even though states maintain their autonomy, it is required that all Amer- ican citizens are treated equally. Article IV includes the process of admitting new states into the union. All new states need is Congres- sional approval to be formed, but there are some restriction s to how states can be formed. The �irst rule is that a state cannot be made within the land of a speci�ic state that already exists. Also, if a state forms out of two different states’ land, then each state’s legislature must approve of the formation of a new state. Lastly, the governments of each i ndividual state must re�lect the national government of the United States of America. This means that each state must have republic , or representative form of govern- ment. States have three branches of government. They each have a state Congress, a chief executive or governor, and a state supreme court. This ensures a continuity between levels of government. 3.5 Article V The Amendment Process The founding fathers left a process in the constitution to change or amend the constitution for future generational needs and concerns. There are two ways the constitution can be changed but only one of them actually get used. The �irst and most used option is initiated by the United States Congress. If both the House and the Senate have a two-thirds majority to present a bill as an amendment to the constitution. This bill doesn’t require presidential approval since the two thirds congressional override already exists. Then the potential amendment is presented to all of the states’ legislatures. If three-fourths of the legislatures approve, then the bill becomes an amendment to the constitution.

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The other option to amend the constitution actually begins with the states with two-thirds of their legislatures calling for a Constitutional Convention. This is where potential amendments are intro- duced. Then with three-fourths of the states’ legislatures agreeing, amendments can be added by the states themselves. This isn’t used because most states are concerned more with their own dealings than making federal law. 3.6 Article VI Debts, Oaths, and Supremacy Article VI of the United States Constitution covers some basic house keeping things for the nation as it is brought together under a new plan of government. The immediate things that needed dealt with was the outstanding debt under the Articles of Confederation. The constitution states that all that debt with be assumed under the new national government. There is also the issue of how you maintain loyalty of the of�icials that work for the government of the United States. An oath of of�ice is required for anyone serving the United States government. This is a layer of protection to know that if one works for the government and betrays it, it is not taken lightly. Lastly, there is the supremacy clause of article VI. This states that it is forbidden for the states to create laws that come into con�lict with federal law. The clearly establishes that the federal level of government is the supreme level that has to be the �inal authority. Ultimately, that decision lies within the Supreme Court of the United States. 3.7 Article VII Rati�ication All that was left to do was to ratify , or approve the new constitution. It was going to require nine of the thirteen states to approve it. Delaware was the �irst state to ratify it and the ninth s tate was New Hampshire in 1788. Ultimately, all of the states rati�ied it by 1790. 3.8 Chapter 3 Review Questions 1. How old must one be to become a United States senator? a b c. . . 2 3 3 5 0 5 d. no age requirement 2. How old must one be to become a justice on the United States Supreme Court? a b . . 2 3 5 0 c. 35 d. no age requirement

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3. How old must one be to become a repre- sentative in the United States House of Representatives? a b c. . . 2 3 3 5 0 5 d. no age requirement 4. How old must one be to become the Presi dent of the United States? a b c. . . 2 3 3 5 0 5 d. no age requirement 5. What fraction of the vote is needed to override a veto? a b c. . . 1 1 2 / / / 4 2 3 d. 3/4 6. What fraction of the vote is needed to recommend an amendment from the U.S. Congress? a b c. . . 1 1 2 / / / 4 2 3 d. 3/4

7. What fraction of the vote is needed by state legislatures to ratify an amendment? a b c. . . 1 1 2 / / / 4 2 3 d. 3/4 8. What term means to have the majority of people present for a vote in Congress? a b c. . . q r o a u r t i o i g f r i y n u a m l jurisdiction d. republic 9. What term means laws passed after the fact of someone doing something illegal? a. habeas corpus b. bill of attainder c. ex post facto d. veto 10. What terms means the right for a prisoner to have a day in court and be heard? a. habeas corpus b. bill of attainder c. ex post facto d. veto

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Chapter 4 The Amendments to the Constitution

Overview This chapter will provide the amendments and the proper context to the amendments in order to understand why the constitution needed to be changed. The amendment process is dif�icult to com- plete, so these were necessary changes that ultimately needed to be made. Learning Objectives 1. Identify the amendments to the United States Constitution. 2. Understand the proper historical context as to why amendments needed to be added. 3. Evaluate the current need for some of the past amendments and possibly more needed. 4.1 The Bill of Rights Between the development of the United States Constitution and the rati�ication of the Bill of Rights, a battle between the Federalists and the Anti-Federalists was raging. Federalists fav ored the rati�ica- tion of the constitution and the anti-federalists felt it made the federal government too strong. Ulti- mately, a compromise needed to be met between the two groups, and the compromise was the Bill of Rights. The Bill of Rights is the �irst ten amendments that were passed in 1791. These ten amendments ad dress individual and states’ rights that needed to be protected from a strong central government. 1 st Freedom of religion, press, peaceful assembly, speech, and petition. 2 nd Right to bear arms. 3 rd No illegal quartering of soldier during peacetime. 4 th No illegal searches and seizures without probable cause or a warrant. 5 th Right to due process, no double jeopardy, no self-incrimination, just compensation for land taken by the government. 6 th Right to a speedy and fair trail, trail by an impartial jury, right to representation, to be confronted by the witnesses against the accused. 7 th Right to a trial by jury in civil cases. 8 th Protection from cruel and unusual punishment and no outstanding �ines or bail. 9 th Rights guaranteed even if not expressed in the constitution. 10 th If not expressed in the constitution, the remaining powers are left to the states.

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©2020 Page 20 of 32 The �irst amendment rights were essential to the compromise. Protecting the rights of the individual are essential to this new formof government. Even if the power of the central government were great, these amendments would protect the individuals and the states to allow them autonomy from gov ernment control. Amendments four through eight protect an individual’s rights in criminal and civil court proceedings. These are necessary to ensure justice is not only established, but also maintained for everyone. Lastly, the ninth and tenth amendments secure the rights and powers not expressed in the constitu tion for individuals and states. This means the federal government has no says and can’t interfere with anything that isn’t expressed within the constitution or address by the judicial branch. 4.2 Amendments 11 and 12 The eleventh amendment comes across as one of the more confusing amendments. Its premise is that someone from another state cannot sue a different state. This discussion has gone to the supreme court and ultimately, people cannot sue states unless the state agrees to be sued. Logic would dictate this would never happen because why would any state agree to this? But this is the way things have currently been upheld. The twelfth amendment corrected an early mistake by the founding fathers in the election process. Originally, in the presidential election, the person who received the most votes became president, and the person who received the second most votes became the vice president. This often put the top two positions in opposite parties and ideologies creating a hug rift and con�lict of interest. The twelfth amendment has them both elected together. The twelfth amendment also outlines the Electoral Col- lege and how presidents are elected. Each state assigns electors that equal to the number of repre- sentatives and senators to represent each state and cast votes for the president and vice president. It has become one of the more hotly debated amendments since there have been a few elections where a president won the electoral college but not the popular vote, nationally. 4.3 Civil War Amendments The thirteenth, fourteenth, and �ifteenth amendments all were rati�ied not too long after the conclu sion of the Civil War. With slavery being one of the central issues and with the Emancipation Procla- mation by Abraham Lincoln, there were speci�ic areas to address as a nation to address how freed slaves were treated in the United States. The thirteenth amendment abolished slavery in the United States thus making every person in the United States, free from servitude. This was a move that most would view as something long overdue, but nonetheless, it was now in the most important document in the United States. Achieve Test Prep

The fourteenth amendment, while it has many parts to it, is usually examine by guarantee of citizen- ship to anyone born or naturalized within the United States. It also states that no person shall be denied life, liberty, and property without due process of the law. States cannot infringe upon these rights and must uphold this regardless of race. The �ifteenth amendment ensures that all males citizens that are at least 21 years of age cannot be denied their right to vote regardless of race, color, or previous status of servitude. In the plainest of terms, it directly protected the right to vote of freed slaves. So, if one looks at all three of these amend- ments, it is a systematic process to begin to right the wrongs of slavery. But as American history shows, this was just the beginning of a long journey. 4.4 Progressive Era Amendments Amendments sixteen through nineteen are known as the progressive era amendments in the United States. The amendments were passed in the period after the reconstruction period. Great advance- ments were taking place in industry, technology, and societally. In order to adjust with the times, Congress tried to progress as well with some new amendments, some successful, while others not so much. In order to pay for the changes made to an increased role of the government in people’s lives, the sixteenth amendment added a federal income tax. This tax would go towards paying for many of the social programs that began to be implemented during this time period as well as some of the work- place protections. Government also needed funds for many of the construction and infrastructure jobs in the progressive United States. The seventeenth amendment make a progressive move on how senators were selected. The power was placed into he hands of the people as opposed to being selected by state legislatures. The popular election of senators took out potential corruption from the legislatures of the state. The eighteenth amendment, which has been the only repealed amendment banned the sale, distribu- tion, and manufacturing of alcohol. The was brought on by the temperance movement in the United States at the time with a push to make people better as a whole. Many view alcohol was the root of many problems with people in society. This was repealed with the twenty- �irst amendment. The nineteenth amendment was another one of the long time coming amendments. It gave women the right to vote. This opened up a second half to the voting populous that would forever change the landscape of the nation. Since then, women have seen large strides in many areas to push towards equality.

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4.5 The Remaining Amendments Since the progressive era, there have been a few changes and implementation that were needed over the last one hundred years. 20 th Presidential terms begin on January 20 th after the election in November. 21 st Repeals the 18 th amendment where the sale, manufacture, and distribution of alcohol were banned. 22 nd 2 term limit for the President of the United States and a Vice President that takes over before two years can still serve two full terms. 23 rd Washington D.C. gets 3 electoral college votes. 24 th Poll taxes were made illegal. 25 th Guidelines for the vacancy, incapacitation, and impeachment of a president. 26 th Voting age was lowered to 18. 27 th Raises for Congress can’t be received until they are reelected. Many of these moves related to important historical events or needs as they presented themselves. The twenty-second amendment wanted to ensure that one person never had too much power. Even thoughmanywere happywith the tenure of FDR as president, they realized that someone too popular could be given too much power within the government. The twenty-sixth amendment was passed around the end of the VietnamWar era. Many soldierswere under twenty-one years of age, yet they were forced to �ight in a war they didn’t get a cha nce to elect a president. Logic prevailed and allowed people the age of eighteen the right to vote. 4.6 Chapter 4 Review Questions 1. What amendment protects the right to bear arms? a. 1 st b. 2 nd c. 3 rd d. 4 th 2. What amendment protects citizens from illegal searches and seizures? a. 1 st 3. What amendment protects the right to free speech, assembly, press, petition, and religion? a. 1 st b. 2 nd c. 3 rd d. 4 th 4. What amendment protects against the illegal quartering of soldiers during peacetime? a. 1 st

b. 2 nd c. 3 rd d. 4 th

b. 2 nd c. 3 rd d. 4 th

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