A Fun and Easy Guide to the Constitution of the United Statessmarthelpforstudents.com/wp-content/uploads/2015/09/constitution... · A Fun and Easy Guide to the Constitution of the

A Fun and Easy Guide to the Constitution of the United States

and to the American Government

(designed and written f0r reluctant readers)

Janice M. Watrous

Also a great resource for immigrants who want to study in order to pass the test to become naturalized citizens!

A Fun and Easy Guide to the Constitution

of the United States

and to the American Government

What Students Need to Know to Pass

Tests on the Constitution

Janice M. Watrous

A Fun and Easy Guide to the Constitution of the United States and to the American

Government

Copyright © 2016 by Janice M. Watrous

All rights reserved.

No part of this book may be reproduced in any form without the written permission of the author

and publisher.

Contact the author at: [email protected]

Website: http://smarthelpforstudents.com

Graphics and cover designed by the author

mailto:[email protected]

http://smarthelpforstudents.com/

CONTENTS

General information about the Constitution…………………………………………………1

Beginning words, Conflicts & Compromises, Dates when written &

signed, when ratified, when effective, what a Constitution is, who

wrote it, the Preamble, how the Constitution is organized, the blocks,

or principles, our government is based on (Separation of Powers,

Checks & Balances, Federalism, the Bill of Rights), the Constitution gives

& limits power, the 3 branches of our government

The Legislative Branch (Congress) -- Article I of the Constitution ....................... 29

The Executive Branch (the President) -- Article II of the Constitution……………… 71

The Judicial Branch (the Supreme Court) --Article III of the Constitution………..89

Article IV ……………………………………………………………………………………………………………………………102

Article V ………………………………………………………………………………………………………………………………103

Article VI (the Supremacy Clause) ……………………………………………………………………………….104

Article VII Ratification & Signatures of the Authors …………………………………………… 106

The 27 Amendments …………………………………………………………………………………………………………108

The Bill of Rights (first 10 Amendments)

The other 17 Amendments

Useful Websites…………………………………………………………………………………………………………………………….. 133

How well did you learn? (a test with answers) ……………………………………………………………………… 140

Why I Wrote This Book

When I read in the newspaper that a legislator in my state was going to

introduce a bill to require Tennessee students to pass a test on the Constitution

and American government in order to graduate from high school, I knew that many

reluctant readers would not be happy.

To pass the test, they would have to read textbooks with line after line of

boring TEXT. I decided to write a book to help these reluctant readers.

I decided my book would have very few lines of text on each page and that

the pages would be filled with graphics and pictures designed to help students

learn and REMEMBER the information more easily.

So, to help these reluctant readers, who often are VISUAL LEARNERS, I

wrote this book with lots of graphics.

It should also help immigrants who want to study in order to pass the

required test to become naturalized citizens.

Even college students who are studying political science can benefit from

this book, because it offers them a fast and easy way to learn and to review what

is in their course.

There is a great need for a book like this. That became very apparent to me

when I recently read that 10 per cent of COLLEGE GRADUATES surveyed by CNN

thought that Judge Judy was a member of the United States Supreme Court. Of

course, instead of being a member of the highest court in the land--a court that

deals with the toughest and most important cases--Judge Judy is a TV judge who

handles minor cases such as disputes between neighbors.

Also, in an America where most people can name one, or even three of the

judges on American Idol, yet cannot name one justice of the nine on the Supreme

Court, a book like this is really needed.

Because I minored in political science in college and am a former teacher who

likes to explain and simplify things for students, and because I like to make

graphics to help me and others remember better, I feel that I am qualified to

write this book.

1

Copyright © 2016 Janice M. Watrous. All rights reserved. This book may not be copied without the author’s written permission. Selling this book is strictly prohibited and a violation of copyright.

Three Little, But Very Important, Words…

“We the People”

The founders of our country met in Philadelphia in 1787 to write a

Constitution for our new country. They met in the same building where

the Declaration of Independence had been written (now known as

Independence Hall). It took almost FOUR MONTHS TO WRITE the

Constitution.

They debated and argued a lot, wrote parts of it, changed them,

started over, wrote some more, and argued some more. Things got

pretty heated. Finally, it was agreed to and signed on Sept. 17, 1787.

At that time, there were only 13 states. The Constitution was

ratified, or approved, by the necessary nine states in 1788. It took

effect, or started being “the supreme law of the land,” in 1789.

The Constitution started with the words “We the People.”

2


When the Constitution was being written, there were many heated

discussions, or arguments (conflicts), about all of the topics above.

Many compromises occurred. (A compromise is when each side gives in

a little on what it wants, and neither side gets everything it wants.)

3


They finally agreed on:

--a Supreme Court AND lower federal courts, too.

--a bicameral (2-house) legislative body (Congress).

--a President elected by the Electoral College.

--Representatives elected by the people and Senators chosen by the

legislatures. (The 17th Amendment changed this to Direct Election

of Senators by the people.)

--Every state equal in the Senate, with 2 Senators (This pleased

delegates from small states), and each state’s Reps based on

population (This pleased delegates from large states).

Compromises kept the delegates to the Constitutional

Convention from getting angry and leaving. Compromises

saved the Constitution.

“The Great Compromise” was the Connecticut Compromise.

--It called for one house where representation would be

based on the population of the state

and another

house (The Senate) where each state would be equal

in representation, regardless of population.

--It also called for all revenue (money) bills to originate in

the House of Representatives.

4


*1787 Constitution was written & signed

(It was signed Sept. 17, 1787.)

*1788 Constitution was ratified

(This means approved by the states.)

*1789 Constitution went into effect

(This means became the law.)

The new government started operating under the Constitution on March 4, 1789.

(sources: http://constitutioncenter.org/learn/educational-resources/constitution-faqs and http://www.archives.gov/exhibits/charters/constitution_q_and_a.html )

http://constitutioncenter.org/learn/educational-resources/constitution-faqs

http://constitutioncenter.org/learn/educational-resources/constitution-faqs

http://www.archives.gov/exhibits/charters/constitution_q_and_a.html

5


But what IS a constitution???

It is a set of PRINCIPLES, OR RULES and LAWS, that tell how

the new country--America--will be governed, or ruled. You could say

that it is the skeleton, or framework, for our system of government.

The first three words tell us that WE THE PEOPLE were making

these laws or rules--this Constitution.

“We the People”

The Constitution was not being written by a KING or QUEEN or

DICTATOR, but by the PEOPLE. NO longer would we be ruled by a

King of England (or any other King), as we had been before the

American Revolution.

6


Not even one woman!

When the Constitution was written over 200 years ago, not even

ONE woman helped to write it, but you have to remember the times.

At that time in history, MEN were the wage earners. And they made

the rules. They were absolute masters in their own homes.

Women were expected to stay at home and raise their children—

often 7 or more children! Most women really had NO TIME and NO

ENERGY to go off and write a Constitution or participate in

government.

Although some women worked outside the home in the 1700s, it

really wasn’t until America entered World War II (1941) that women

were encouraged to get jobs outside their homes. With the men from

America going off to Europe to fight the war against Hitler and to the

Pacific to fight the war against the Japanese, the women were really

needed to build the airplanes and other war materials and to help win

the war. You’ve heard of “Rosie the Riveter,” haven’t you? If not, do a

Google search for “Rosie the Riveter.”

7


So who wrote the Constitution?

Fifty-five delegates participated in writing the Constitution.

ALL OF THEM WERE MEN.

James Madison is known as “the Father of the

Constitution,” since he was the main author.

But other famous Americans such as Benjamin Franklin,

Alexander Hamilton (whose picture is on the $10 bill), and

George Washington were just a few of the other Americans who

contributed their ideas as the Constitution was being written.

Ben was the oldest delegate; he was 81.

If you start at the very beginning of the Preamble, which starts on the next

page, and if you start reading it aloud in a quiet place, adding the new line or phrase that

appears in red each time, and if you really CONCENTRATE AND TRY TO REMEMBER, and read

all the way to the bottom of the Preamble on page 12, you will probably find that you have

memorized the Preamble (the Introduction) to the Constitution. Try it! (I memorized it about

56 years ago, and I still remember every word.)

8


We

We the People

We the People of the United States,


in Order to

----------------------------------------------------------------------------------------------------------------------------------


In Order to

form a more perfect Union,


in Order to


establish Justice,

----------------------------------------------------------------------------------------------------------------------------------


in Order to


establish Justice,

9


insure domestic Tranquility,

---------------------------------------------------------------------------------------------------------------------------------


in Order to


establish Justice,


provide for the common defence,

----------------------------------------------------------------------------------------------------------------------------------


in Order to


establish Justice,



promote the general Welfare,

----------------------------------------------------------------------------------------------------------------------------------


in Order to


10


establish Justice,




and secure the Blessings of Liberty

to ourselves and our Posterity,

----------------------------------------------------------------------------------------------------------------------------------


in Order to


establish Justice,






do ordain and establish

this Constitution

----------------------------------------------------------------------------------------------------------------------------------

11



in Order to


establish Justice,







this Constitution

for the United States of America.

----------------------------------------------------------------------------------------------------------------------------------

12


Below is the entire first section of the Constitution on a single page. It is the Preamble.

The Preamble to the Constitution


in Order to


establish Justice,







this Constitution

for the United States of America.

But what do these words mean?

Union means that all the states would be joined together into ONE country.

Justice means being fair and treating all people in an equal manner.

Domestic tranquility means peace here in our homeland, America.

13


Common defence (defense) means defending, or protecting, all of us.

General welfare means the health, happiness, and prosperity of the people.

Liberty means freedom.

Posterity means all future generations--our children, grandchildren, etc.

Ordain means to enact, or make, a law.

Can you find the spelling errors?

There are several spelling errors in the Constitution as written by

the delegates to the Constitutional Convention. One of the most

glaring errors is the misspelling of the word “Pennsylvania.”

There are two misspelled words in the Preamble above. Can you

find them?

(The answers will be on page 134 along with an explanation.)

14


YES!

1787

I FOUND THE

ANSWER!

1787

17871787

WAS THAT WHEN

THE

CONSTITUTION

WAS WRITTEN?

15


“Pre” means “to go before.” A prefix is a word you can add before a “root” word

to change the meaning. Example: “Un,” a prefix, can be placed before “hurt,” to

form the word “unhurt.”

“Amble” means “to walk at a slow pace.” “Praeambulus” is Latin for “walking before.”

So really, “Preamble” is the part of the Constitution that “walks, or goes before,”

the rest of the Constitution. Therefore, the Preamble is the

Introduction to the Constitution.

It’s a secret, so don’t

tell anybody. The first

paragraph of the

Constitution is called

the PREAMBLE!

16


(WHEN THE CONSTITUTION

WAS WRITTEN & SIGNED!)

So can you do some math and find out how old the Constitution is?

17 87

17 87

1787

17


How is the Constitution organized?

(It’s organized in 4 parts.)

1. The Preamble, or Introduction

2. Articles I-VII (1-7)

3. Signatures of the MALE delegates to the

Constitutional Convention

4. Amendments (27) that were added later, over the years

The first 10 Amendments are called the Bill of Rights.(Approved in 1791)

Articles 1-3

Article 1 tells about the Legislative Branch (the branch that makes laws).

It tells about how members of Congress are chosen, how old they have

to be, how they choose their officers, when they are elected, their

duties, etc.

Article 2 tells about the Executive Branch (the one that carries out laws).

This is the article that tells how the president is elected, who can be

president, what his duties are, etc. Basically, Article 2 is all about him.

Yes, him, because women didn’t even have the right to vote when the

Constitution was written, so they didn’t have the right to be president,

either.

Article 3 tells about the Judicial Branch (the branch that explains the laws and resolves major disputes.) Article 3 is all about the Supreme Court and other courts.

We’ll deal with Articles 4-7 later.

The first 3 parts were

written in 1787. They

were the ORIGINAL

document.

18


When the Constitution was written, our government was set up with

certain unique features:

Let’s look at what each principle did.

19


As the drawing above shows, the federal government’s powers were

separated, or divided,

among the 3 branches of government—the legislative, executive,

and judicial.

20


They knew that if one person or group becomes too powerful, tyranny

(cruel, unreasonable, and oppressive government) can result.

That’s why they established 3 branches of government, each with

different powers.

They didn’t want one person or group making the laws, carrying out the

laws, and also acting as judges.

21


They established a government with 3 branches so that each

branch could “check” (or limit) the power of the other 2 branches.

For example, they provided for a Congress made up of 2 houses (the

House and the Senate). Any bill that is passed needs to pass BOTH

houses. Either house can refuse to pass the other house’s bills. When

that happens, the bill doesn’t get passed. It just dies in Congress, so

each house can check, or limit, the power of the other house. This is

like a veto.

22


When a bill passes both houses and gets to the President, it needs to

be signed by him to become a law. So the President can check, or

limit, the power of Congress by vetoing any bill.

Both houses can then try again to get the bill passed. If 2/3 of the

members of both houses then vote for the bill, it becomes a law, so

Congress can check, or limit, the President’s power if they are able

to override his vetoes.

If Congress and the President pass a law, it can be challenged in court

and go all the way to the Supreme Court. The Court may then say

that the law is unconstitutional (goes against the Constitution) and

throw out the law. In this way, the Judicial Branch (Supreme

Court) limits the power of Congress and the President.

But this power may be checked, or limited, by Congress, because

Congress provides the money for the Court.

And although the Court can declare a law signed by the President

as unconstitutional, the President gets to appoint members to the

Supreme Court (when a vacancy occurs) and other federal courts,

so he may have some power to check, or limit, the Court’s power

by his appointments. The Senate has to confirm, or approve, the

President’s appointments, so the Senate gets to check, or limit,

the President’s power over the Court.

23


24


The first 10 Amendments are known as “The Bill of Rights.”

But what does “due process” mean?

This refers to the fair and legal way of doing things, and that no

American citizen can be deprived of life, liberty (freedom), or

property without fairness in all legal procedures. All levels of

government (city, state, federal) have to operate fairly and legally.

25


26


27


The Three (3) Branches

of the U.S. Government (as laid out in Articles 1-3 of the Constitution)

28


To remember the 3 branches of government:

LEGISLATIVE EXECUTIVE JUDICIAL

L E J

LEJ

THINK LEG--oops!

LEG (or LEJ)

LEG

LEG SHOULD REMIND YOU OF LEJ, which stands for the

Legislative, Executive, and Judicial branches of our

government.

29


The Legislative Branch--also known as Congress--is considered

“the People’s Branch” of government.

How do members of Congress get their job? They have to win an

election.

Summary: Legislative Branch = Congress; Congress = Legislative Branch

Congress is also called the legislative branch of our government.

30


The Legislative Branch, also known as “Congress”

Congress_____ Is made up of 2 “houses” (chambers)

31


How many U.S. Senators

and Representatives are there?

--Every state has 2 U.S. Senators and today there are 50 states. 50 states X 2 Senators from each

= 100 U.S. Senators

Every state elects U.S. Representatives based on population, so states that have more people have more U.S. Representatives. (There are 435 Reps).

435 U.S. Representatives

Every state is equal in the Senate

with SAME number of Senators.

.

32


Tennessee

Tennessee is easy to find on a map because of its unique shape. It

looks like a parallelogram, which is a geometric shape.

Tennessee is home to more than 6 ½ million people.

For the purpose of electing U.S. Representatives, Tennessee is divided

into nine (9) Congressional districts, so Tennesseans in each district

elect one (1) U.S. Representative to go to Washington, D.C.

In all, Tennessee has 11 Congressmen and Congresswomen

(9 U.S. Representatives and 2 U.S. Senators)

representing the state in Washington, D.C.

33


Where do the Senators and Representatives work?

The 100 Senators and 435 Representatives don’t really work in a house

like you and I live in. They work in a special U.S. Government building

known as the U.S. Capitol.

Picture of the Capitol (above)---The top part is called the Dome. A

dome is usually in the shape of a sphere, or ball. It has sort of an O

shape.

See the O shape to the dOme of the Capitol?

34


As mentioned before, the members of Congress (100 Senators

and 435 Representatives) work in a building topped by a dome. They

meet in a large room to cast their votes to try to make a bill become a

law.

U.S. Senators are elected by the people every SIX (6) years.

(easy to remember, since both “Senators” and “Six” begin with the letter S)

U.S. Representatives serve a term of only TWO (2) years.

So which would YOU rather be--a Senator for 6 years

or a Representative for only 2 years?

Of course, you can run for a second or third term, or more!

It’s easier to be elected as a Representative, since Representatives are elected

from a district, which is a small part of a state. It also costs less money, since

they have to buy ads on TV and in newspapers and to campaign only in their

district, rather than throughout the entire state, as Senators have to do.

To learn more about the Senate and the U.S Senators, visit

www.senate.gov .

To learn more about the House of Representatives and the members, or Representatives,

visit www.house.gov .

REMEMBER: Senators represent an ENTIRE state. Representatives represent

only a small part of a state. This part is called a “DISTRICT.”

http://www.senate.gov/

http://www.house.gov/

35


Where is the Capitol?

The Capitol is found in our nation’s capital--Washington, D.C.

Don’t be confused, Pickle. It’s easy!

The word Capitol (building) has the letter O near the end. The word dome

(dOme) has the letter O, also. So, since Capitol has the letter O, it’s easy to

remember that “Capitol” means the building that has a dome (dOme) on top!

The word that ends in al (capital) means the capital city of the entire

United States of America. So Washington, D.C. is the capital of the entire United

States! Get it, Pickle?

Capitol = the Capitol building (CapitOl) O is for dome

capital = the nation’s capital city (capitAl) A

Capitol? Capital?

Now I AM

confused!

36


How much money does a Senator or Rep earn?

Being a U.S. Senator or Representative (Rep) pays well. Senators

and Reps earn $174,000 per year! And they have lots of looooong

(LONG) holidays and don’t even have to be in Washington, D.C. five

days every week!

An officer, or leader, in the U.S. Senate and U.S. House of

Representatives earns even more! For example, the Speaker of the

House earns the most--$223,500 per year. The Senate Majority

Leader and the Senate Minority Leader each earn $193,400 per year.

The Majority and Minority leaders in the House also earn $193,400.

So does the President pro tempore of the Senate.

(Check with your teacher to be sure you listed the current officers below. (“Current”

means the ones who are officers NOW, not last year or five years ago.)

Do an Internet search to find out these names:

The current Speaker of the House is ---------------------------------------------

The current House Majority Leader is--------------------------------------------

The current House Minority Leader is---------------------------------------------

The current Senate Majority Leader is-------------------------------------------

The current Senate Minority Leader is-------------------------------------------

(source: http://library.clerk.house.gov/reference-files/114_20150106_Salary.pdf )

http://library.clerk.house.gov/reference-files/114_20150106_Salary.pdf

37


Remember: every state has 2 U.S. Senators.

Tennessee has 2 U.S. Senators. List them on the line below.

------------------------------------ -------------------------------------

If you live outside Tennessee:

Write your state’s name on the line.

------------------------------------------

Write your state’s two U.S. Senators on the line below.

------------------------------------ -------------------------------------

Remember that the number of U.S. Representatives (Reps) a

state has is based on the state’s population.

A state with a large population, like New York or California, will

have more Representatives than a state like Rhode Island, with a tiny

population.

California has a little over 39 million people and 53 U.S. Reps.

New York State has over 19 ½ million people and 27 U.S. Reps.

Tiny Rhode Island has 1 million people and only 2 U.S. Reps.

(sources: http://house.gov/representatives/#state_mp and https://www.census.gov/popest/data/state/totals/2015/index.html ; then click “American Fact Finder” under “State Totals: Vintage 2015” )

http://house.gov/representatives/%23state_mp

https://www.census.gov/popest/data/state/totals/2015/index.html

38


States are divided into Congressional Districts for the election

of Congress members of the U.S. House. Tennessee is divided into 9

Congressional Districts based on the population of Tennessee, so

Tennessee has 9 U.S. House members.

If you live in Tennessee, find your district and write the name of your

U.S. Representative here. ---------------------------------------

If you live outside Tennessee, write the name of your U.S. Rep on the

line here. ----------------------------------------------------------

39


How do we know how many Representatives each state should

have? We take a census.

Once every 10 years (a decade), the people in each state are

counted when the government takes a census to determine the

population. Then, states have to redistrict and change (reapportion)

the number of seats that each state gets to have in the U.S. House of

Representatives.

People in America move all the time. When the population shifts from

one state to another, some states will gain more people and some

states will lose people. Then, they will also gain or lose Representatives

in Congress (in the House of Representatives, but NOT the Senate).

As a result of the 2010 U.S. Census, there were ten states that lost

U.S. Representatives when their citizens moved to another state.

There were also 8 states that gained Representatives when their

population increased.

40


(from: blogs.wsj.com/economics/2010/12/21/census-2010-which-states-gained-

house-seats-which-states-lost/ “2010 Census Results: Which States Gained

House Seats, Which States Lost” )

41


Because our country’s population is so much larger today than

it was when the Constitution was written, there is

now one Representative for about 700,000 people.

(source: http://walberg.house.gov/abouttim/howcongressworks.htm )

http://walberg.house.gov/abouttim/howcongressworks.htm

42


So, what’s so unique about members of the House of

Representatives?

THE HOUSE OF REPRESENTATIVES HAS THE SOLE

POWER TO IMPEACH

The House can impeach the President, Vice President and all Civil

Officers of the United States for “treason, bribery, or other high

crimes and misdemeanors,” according to the Constitution (Article II).

43


The House impeaches, or brings charges against someone, but

The SENATE is the sole court for all impeachment trials. (Article I, Section 3)

In other words, the House accuses, or impeaches,

and the

Senate puts the accused on trial and finds the

accused innocent or convicts him (finds him guilty).

(from: http://history.com/this-day-in-history/president-johnson-acquitted

and from: http://articles.chicagotribune.com/1999-02-

13/news/9902130128_1_impeachment-president-clinton-senate )

http://history.com/this-day-in-history/president-johnson-acquitted

http://articles.chicagotribune.com/1999-02-13/news/9902130128_1_impeachment-president-clinton-senate

http://articles.chicagotribune.com/1999-02-13/news/9902130128_1_impeachment-president-clinton-senate

44


Only 19 officials have been fully impeached by the House and

put on trial by the Senate:

2 presidents

15 federal judges

1 U.S. Senator

1 cabinet secretary

Only 8 of these were convicted by the Senate and removed

from office. ALL were federal judges!*

*from http://history.house.gov/institution/origins-development/impeachment/

*from http://senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm

http://history.house.gov/institution/origins-development/impeachment/

http://senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm

45


What if people want to throw them all out?

Remember: The only punishment that the Senate can administer to ANY

official who is convicted is to remove the official from office and keep him

from ever holding office in the future. (Article I, Section 3)

But the person who is removed from office CAN still be tried in a regular court

and be punished there, if the regular court finds him guilty, so an offender can

receive a sentence of jail time or fines.

46


Another thing that is unique about members of the House of

Representatives:

In other words, the House of Representatives has the “power of the

purse,” which means some control over the money.

47


Also, House members may punish their own members for “disorderly

behavior” and, with the concurrence (agreement) of two-thirds

(2/3), expel a member.

48


Members of the House and Senate have a special privilege:

A serious crime, usually involving violence, such as viciously

beating or killing someone--It typically results in a long

prison sentence or a death sentence for the criminal.

49


Treason is

a crime where someone betrays our government. It is

committing a crime against the government or government

officials. For example, giving aid to America’s enemies or

giving them our military secrets would be treason. Trying

to overthrow the government or kill our leaders would be

treason.

It is

disturbing the peace with noisy or violent behavior.

Causing a riot, for example, would be a breach of the

peace.

50


Remember how long the term of office is for Senators and

Reps:

Senators six (6) l-o-o-o-o-o-o-n-g (long) years!

Representatives two (2) short years

When the Constitution was written and signed in 1787, Senators were not elected.

They were CHOSEN by the legislature in each state. That was repealed by the

17th amendment in 1913, which provided for the Direct Election of Senators

by the people in each state.

(Supreme Court Justices)

51


Senators also choose their leaders. One leader is known as the

President pro tempore of the Senate.

What does pro tempore mean?

Basically, it means temporarily, or for the time being.

The Vice President of the United States normally presides over the

Senate. So the Vice President is the President of the Senate (the one

who presides). When he is absent for any reason, or if he becomes the

President of the country, the President pro tempore presides

temporarily, or for the time being, when the Vice President is away.

Although the Vice President presides over the Senate, he

never gets to vote in the Senate unless there is a tie. He is

the tie breaker.

52


Remember: 2/3 of the Senators present must vote to

convict

in order to remove the President from office.

(If 99 are present, can you do the math to see

how many Senators must vote to convict

in order to remove the President?)

53


The Legislative Branch (Congress) makes the laws.

But what if the President disagrees and doesn’t

sign the bill into law?

HE VETOES IT.

54


A VETO means that he rejects the bill, or says “NO” to it.

When he vetoes a bill, he sends it back to the house where

the bill originated (started) and gives his reasons for not

signing.

Then, if both houses still want the bill to be a law, they try to

make the bill a law without the President’s signature.

A VETO = NO!

55


But overriding a veto is not easy! President Bill Clinton

vetoed 37 bills,

but Congress was able to override only

2

(from: http://senate.gov/reference/Legislation/Vetoes/vetoCounts.htm )

2/3

http://senate.gov/reference/Legislation/Vetoes/vetoCounts.htm

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Actually it isn’t so easy for a bill to become a law.

Here is a more detailed (but still simplified) explanation.

1. All bills start out as an idea in someone’s head.

2. Then a Senator or House member writes a bill.

3. The sponsoring Representative introduces the bill in the

House by placing the bill in a box called a ‘’hopper.”

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A similar bill is introduced in the Senate.

4. Then the bill goes to a committee in each house.

5. The bill is debated in the Senate and may pass, often

with riders added. Google “rider.”

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6. The bill is debated in the House and may pass, often

with changes, or amendments.

7. Several Senate and House members meet and discuss

the bill and have to agree on the changes made by each

house.

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8. Then the bill goes back to the Senate for a full vote

and to the House for a full vote

(vote of all the members).

9. The compromise bill must pass BOTH houses of

Congress.

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So, a bill can become a law in these 3 ways:

What is the difference between a regular veto and a

pocket veto?

A regular veto can be overridden by Congress and a

pocket veto cannot be overridden.

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All along the way, a bill can be stopped or blocked. It can be

delayed, rejected or killed in these ways and more:

--in a committee or subcommittee or by the chairman or

chairwoman of a committee or subcommittee

--by the floor leader in the House or Senate

--by a filibuster from one or more Senators (Google “filibuster.”)

(When a Senator doesn’t like a bill, he can kill it by “talking it to death.”)

--by the Senate-House conference committee if they can’t agree

on a compromise

--by a majority of members in either house (chamber)

--by the President’s veto

(All of the things above are obstacles that can block a bill from

becoming a law.)

Senate Bill 181 passed with 61 yea (for) votes and 36 nays (against). The same bill

in the House (H.R. 11) passed with 250 yea votes and 177 nay votes.

62


To remember the name of this law,

think of a woman named Lilly,

who led better than anyone else on this important problem!

1. In what year did President Obama sign this bill into law?

2. What does this law do? Why was it needed?

3. Who was Lilly Ledbetter?

(Do a Google search to find the answers)

(source: https://whitehouse.gov/blog/2012/01/30/archives-president-

obama-signs-lilly-ledbetter-fair-pay-act )

https://whitehouse.gov/blog/2012/01/30/archives-president-obama-signs-lilly-ledbetter-fair-pay-act

https://whitehouse.gov/blog/2012/01/30/archives-president-obama-signs-lilly-ledbetter-fair-pay-act

63


The Constitution gives Congress many powers:

And to make all laws which shall be necessary and

proper for carrying out these powers

and all other powers

vested in the government of the United States.

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And the Constitution limits the powers of Congress:

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Powers that are not given to the federal government are

reserved for the states BUT

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The Constitution gives each house of Congress

certain powers:

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Who can be a United States Senator or Representative?

1. Must be at least

30 yrs. old

2. And U.S. citizen

at least 9 yrs.

1. Must be at least 25 yrs. old to be a U.S. Rep.

2. And U.S. citizen at least 7 yrs.

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According to Article I of the Constitution, to be a U.S. Senator, one

must be:

1. At least 30 years old

2. A U.S. citizen for at least 9 years

According to Article I of the Constitution, a Representative must be:

1. At least 25 years old

2. A U.S. citizen for at least 7 years

As you can see, the qualifications are easier for a Representative.

Many Representatives start out in the House and then try to be

elected to the Senate years later. Since there are only 100 Senators,

Senators are members of a smaller, more elite group. It is considered

more prestigious to be a Senator than a Representative, since there

are 435 Reps.

At one time, all Senators and Representatives were white males. Most

were also Protestants. As blacks and women got the right to vote, some

blacks and women also became Senators and Reps. Today the

overwhelming majority of Senators and Reps are still white males, but

there are some women, blacks, Asians, Hispanics, etc. There are also

many Jews and Catholics and at least one Muslim. Most are also well-

educated and richer than most of the people they represent.

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Below is the President’s oath of office, which he swears or affirms the

day he is sworn in as President:

“I do solemnly swear (or affirm) that I will faithfully

execute the Office of President of the United States and will

to the best of my ability, preserve, protect, and defend the

Constitution of the United States.”

(Article II, Section 1 of the Constitution states that the President shall take this

oath of office “before he enter on the Execution of his Office.”)

Can YOU memorize the President’s oath?

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Although the President is the best-known government official, he has

NO power to make laws. Those who run for the office of President

make a lot of promises, but the one who becomes President has no

power to keep those promises unless he has a Congress that cooperates

with him.

Congress makes the laws, remember? Congress (the Legislative

Branch) is called “the people’s branch” of government because people

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(voters who elect them) can call, write, email, or talk to the Senators

and Reps to try to influence them to vote for or against a bill.

Sometimes, if an overwhelming number of voters want them to vote for

or against a bill, the Senators and Reps may do what the voters want.

Sometimes Congressmen and Congresswomen just vote according to

their own views and not the views of the ones who elect them.

Sometimes Congressmen and Congresswomen seem to vote the way

outside groups and lobbyists want them to vote. If these groups and

lobbyists donate lots of money to a Senator’s or Rep’s next campaign,

those Senators and Reps may be influenced by the “big money” and

vote the way those groups and lobbyists want.

(That’s why some people jokingly say, “We have the best government money can

buy.”)

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Article II of the Constitution specifically lists the powers

and duties of the President:

(“Offenses” was spelled “offences” in the Constitution.)

Also, the President “shall take care that the laws be faithfully

executed, and shall commission all the officers of the United States.”

(All of these duties are listed in Article II, Sections 2 & 3 of the Constitution)

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IN ADDITION TO THOSE POWERS AND DUTIES LISTED IN THE

CONSTITUTION, the President is considered the leader of the

United States and of the free world.

So, first and foremost, the President is the leader and the one the

American people turn to in time of war or when there is a crisis of any

kind.

When there is a natural disaster, an act of terrorism, or another mass

shooting, the President becomes the “Comforter-in-Chief.” If he

remains calm and confident, the people will be calmer and less likely to

panic.

During a natural disaster such as a hurricane or flood, the President

becomes a Crisis Manager, too, directing FEMA (the Federal

Emergency Management Agency) to the disaster scene and mobilizing

different government agencies to assist the states and the people in

the affected area.

In wartime and other terrible times, the President serves as a Morale

Booster, trying to encourage the people and give them hope and to lift

them from despair. President Roosevelt did this during the

Great Depression and during World War II.

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The President also has to fill many government jobs, such as Supreme

Court justices and other judges and Cabinet officers to run the various

government departments, so he serves as an Employee Recruiter.

The President’s job is a thankless job. When things go well,

he seldom gets the credit, but when things go bad, he gets all

of the blame. He has to have “a tough hide” (be able to take

criticism and still act in a dignified, presidential manner).

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The President of the United States holds his office for a

4-year term.

The Vice President is also elected for a

4-year term. (Article II, Section 1 of the Constitution)

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Who is eligible to be President?

1. He or she must be at least 35 years old.

2. He or she must be a resident within U.S.

for at least 14 years.

3. He/she must be “a natural born citizen.”< <

During the 2016 primary election campaigns for President, “a

natural born citizen” became a subject of debate. One

candidate, Senator Ted Cruz, was born in Canada. Another

candidate, Donald Trump, questioned whether Cruz was eligible

to be President.

Cruz‘s mother was an American citizen when he was born in

Canada. That makes him an American citizen, too.

But nowhere in the Constitution is the term “natural born

citizen” defined. Some argue that it means a person has to be

born on American soil. Others say “no.” Perhaps the courts

will have to decide.

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But how is the President elected?

Not the way you probably think!

(or caucus) ^

79


Once the Convention delegates have picked a person to be the

party’s nominee for President, they select the party’s nominee for

Vice President in the same way. They usually nominate the one that

their nominee for President wants. (Both major parties do this at their

conventions. Sometimes there are also minor parties with nominees.)

The Democratic Party’s

nominee

The Republican Party’s

nominee

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They also run ads on TV and radio.

or her choice

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So if the people in my state want the Democratic candidate to be the next

President, they vote for the Democratic electors, who have pledged to vote for the

Democratic candidate. Republicans will vote for the Republican electors.

Whichever party gets the most votes in the state (This is called “winning the

popular vote”), gets all of that state’s electoral votes, except in Maine & Nebraska.

These electors make up “the electoral college,” which is not really a college.

(In the Electoral

College)

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But what is the electoral college? It is an organized group of people

who have a similar aim or duty. Their duty is to cast their votes to

choose the next President and Vice President. The electors meet on

the Monday after the 2nd Wednesday of December to vote.

Why are there 538 electors?

They are chosen based on the number of U.S. Senators AND U.S.

Representatives there are. In a state such as Tennessee:

The number of Senators AND Reps each state has = the

electors that state has. Now, add them up for all 50 states.

There are 435 Reps and 100 Senators, so there are 535

electors, PLUS 3 electors that are given to our nation’s

capital, Washington, D.C.

(But Senators & Reps cannot be electors.)

/

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100 U.S. Senators

+ 435 U.S. Reps

= 535 electors

+ 3 electors (D.C.)

= 538 ELECTORS To win the presidency, a Democratic nominee or a Republican

nominee must win a MAJORITY of the 538 electoral votes.

A MAJORITY MEANS MORE THAN HALF.

And how do the electors get their names on the ballot in each state? They are

usually selected as electors by a committee of faithful political party insiders.

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The Senate would choose the Vice President in the same way.

(When the Senate chooses the Vice President & the House chooses the President,

we could end up with a Democratic President & a Republican Vice President or a

Republican President and a Democratic Vice President.)

But what happens if NO candidate gets

a majority of the electoral votes?

In that case, the election would be thrown

into the U.S. House of Representatives.

The top 3 candidates would be running

against each other for President. Each state

would cast

1 vote.

This was changed from 5 to 3

by the 12th Amendment.

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Remember:

This means HALF OF THE 538 ELECTORS + 1 MORE = A

MAJORITY OF THE 538 ELECTORS, OR 270.

People who vote in the November General Election

actually vote for electors who will choose the

next President. 270 electors (a majority of the 538) must

vote for a candidate for him or her to be elected

President.

270 needed!

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The new President and Vice President

are sworn in and start working

on

INAUGURATION DAY, which is on Jan. 20th

in the year following the election. (This date is set in Amendment 20.)

If Jan. 20th falls on a Sunday, the inauguration is on Jan. 21st.

_____

To summarize, things happen in this order:

--Candidates decide to run for President & campaign

--The Caucuses and PRIMARY ELECTIONS are held

--The CONVENTIONS are held in the summer

--The GENERAL ELECTION is in early November

(Through all of the above, they campaign for months.)

--Electors of the Electoral College meet and vote in Dec.

--INAUGURATION DAY (Jan. 20)

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Did you realize that the 50 states are not the only ones that have

delegates to the conventions?

U.S. Territories (Puerto Rico, the U.S. Virgin Islands, American

Samoa, Guam, and the Northern Mariana Islands) also play a part in

the Democratic and Republican primaries and conventions.

And Puerto Rico has more Republican delegates to the convention than

the tiny state of Vermont!

But the Territories do not have any electoral votes. Only the 50

states AND the District of Columbia (Washington, D.C.) have electoral

votes.

89


At the top of the Supreme Court building in Washington, D.C.

are the words

“Equal Justice Under Law.”

These words are on the main west entrance to the building, which is

the side facing the Capitol.

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The Constitution (in Article 3) established the Judicial Branch of our

government.

The Judicial Branch is made up of:

The U.S. Supreme Court (the highest court in our land)

and lower courts

--13 U.S. Courts of Appeals

and

--U.S. District Courts

“The courts only try actual cases and controversies--a party

must show that it has been harmed in order to bring suit in

court. …the courts do not issue advisory opinions on the

constitutionality of laws or the legality of actions.”

( whitehouse.gov/thejudicialbranch )

This court was established by Article 3

Article 3 gave Congress

power to establish

inferior (lower) courts.

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The Supreme Court interprets the meaning of a law and rules

on how a law should be applied.

The Court hears mainly appeals cases and takes fewer than

150 cases each year. It takes cases that the justices (judges)

consider important enough for them to review.

For example, if two federal courts of appeal have ruled

differently on the same question of law, then the Supreme

Court reviews the case and renders its decision.

The Supreme Court’s decisions cannot be

appealed to a higher court, because

the Supreme Court IS the highest court.

(In fact, “supreme” means “highest” or “final.”)

If the laws of any state conflict with, or go against, the

Constitution, the Supreme Court will strike them down,

because the Constitution is the Supreme Law of the land.

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The U.S. Supreme Court

as it existed on Feb. 12, 2016

(Collection of the Supreme Court of the United States)

Standing, left to right: Justices Sonia Sotomayor, Stephen Breyer, Samuel Alito, and Elena Kagan

Front row, left to right: Justices Clarence Thomas and Antonin Scalia (Scalia died 02/13/16)

& Chief Justice John G. Roberts, Justices Anthony M. Kennedy and Ruth Bader Ginsburg

The judges on the Supreme Court are called justices. The head of

the court is called the Chief Justice, and the others are Associate

Justices.

Please note that Judge Judy is NOT a member of the Supreme Court.

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Until Justice Scalia’s death in February, 2016, there were

9 justices on the Supreme Court.

Article III (3) of the Constitution established the Judicial Branch, but

it did not specify how many justices there should be.

At times there were only 6 justices. In 1869, the number of justices

increased to a Chief Justice and 8 Associate Justices, or 9 in all.

Federal judges and justices serve until:

1. Their retirement

2. Their death

3. Their removal by impeachment in the House & conviction by the

Senate

How do the justices get a position on the Supreme Court?

Article II (2) of the Constitution, in talking of the President’s

duties, states: “He (the President) shall have Power, by and

with the Advice and Consent of the Senate, to make

Treaties…and he shall nominate, and by and with the Advice

and Consent of the Senate, shall appoint…Judges of the

Supreme Court…”

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After Justice Scalia’s death in February 2016, the appointment

of a new justice to the Supreme Court became a major

disagreement between Democrats and Republicans.

With 11 months still left in President Obama’s term, he and other

Democrats felt that he should appoint the next justice to replace

Justice Scalia. In fact, a CNN poll showed that 58% of

Americans wanted President Obama to nominate a new justice.

Republicans wanted him to wait until after the November 2016

election, because they hoped they might be able to elect a

Republican as President Obama’s replacement. Then, the

Republican would be able to appoint a conservative Republican

justice.

The one thing that made it difficult for President Obama to

appoint a justice, as the Constitution entitled him to do, was

the phrase “by and with the Advice and Consent of the

Senate.”

Since the Senate was controlled by Republicans, it was very

unlikely that they would consent to any Democrat President

Obama might want to appoint to the Supreme Court.

In fact, Senate Republicans refused to even hold hearings on any

justice that President Obama might want to nominate.

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There are several important and controversial cases that

the Supreme Court has heard:

1. Brown v. Board of Education: In this 1954 case, the

Supreme Court struck down segregation in the public

schools, saying that it was against the 14th Amendment’s

guarantee of equal protection. (Segregation meant that

the white students went to all-white schools, and black

96


students went to all-black schools that were of lesser

quality.)

The Court reasoned that public schools could not be

“separate but equal,” because “separate educational

facilities are inherently unequal.” Therefore, segregation

in public schools was ruled unconstitutional, or against

the Constitution.

This decision resulted in integrated schools where black

and white students would be in the same schools.

Integration was often accompanied by violence and

mistreatment of the black students when they went to

what once had been white-only schools. ( source:

https://www.archives.gov/education/lessons/brown-v-board )

2. Roe v. Wade: Perhaps the Supreme Court’s best-known

and most controversial case, Roe v. Wade decided that a

woman had a right to privacy under the 14th Amendment

and that meant that a woman could have an abortion. The

case had come about because Texas had a state law

banning all abortions except those necessary to save the

mother’s life. The Court said that law went against the

14th Amendment and several other amendments that

guaranteed liberty (freedom) and that the law was,

https://www.archives.gov/education/lessons/brown-v-board

97


therefore, unconstitutional. This 1973 Court decision

struck down many state and federal laws restricting

abortion.

The Court’s decision gave women total control regarding

abortion during the first 3 months of pregnancy and said

that laws could not forbid or regulate abortions during

that time. It did allow state laws protecting the

mother’s health during the second and third trimesters

of pregnancy, but laws protecting the fetus were allowed

only during the final 3 months of pregnancy.

This decision has resulted in much controversy and even

in violence, such as the murder of doctors who performed

abortions and the bombing of clinics where abortions

were performed.

(sources: http://www.pbs.org/wnet/supremecourt/rights/landmark_roe.ht

ml and https://www.oyez.org/cases/1971/70-18 and http://landmarkcases.org/en/landmark/cases/roe_v_wade

3. Citizens United v. Federal Election Commission (FEC):

In this 2010 decision, the Supreme Court decided that

political spending is SPEECH--protected speech--under

the 1st Amendment guarantee of freedom of speech, and

that the government can’t keep corporations and unions

http://www.pbs.org/wnet/supremecourt/rights/landmark_roe.html

http://www.pbs.org/wnet/supremecourt/rights/landmark_roe.html

https://www.oyez.org/cases/1971/70-18

http://landmarkcases.org/en/landmark/cases/roe_v_wade

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from spending unlimited amounts of money in support of

their preferred candidates or against other candidates in

elections. The Court’s decision allows corporations and

unions to use money to persuade voters through ads,

although the decision does not allow corporations and

unions to give money directly to campaigns.

This Court decision has been very controversial. It has

been severely criticized by many, who say that it allows

“big money” to “buy elections.”

(source: http://www.scotusblog.com/case-files/cases/citizens-

united-v-federal-election-commission/ )

BUT THE PRESIDENT MUST NOMINATE

& APPOINT THEM “WITH THE ADVICE

AND CONSENT OF THE SENATE.”

Remember: Justices on the Supreme Court and all other federal judges

are appointed by the President.

http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/

http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/

99


100


Article III (3) of the Constitution is

all about the Judicial Branch.

Article III gives anyone accused of committing a crime

THE RIGHT to a trial by a jury

of his peers (equals)

and that trial

“shall be held in the State where the said Crimes shall have been

committed.”

The Scales of Justice

reflect the intent of the Constitution

to give “equal justice under law”

to everyone accused of a crime, and

all accused persons have the right to a fair trial by a jury.

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Article III, Section 3, which is all about the Judicial Branch,

also tells what “treason” is:

“Treason against the United States

shall consist only in levying War

against them, or in adhering to their Enemies,

giving them Aid and Comfort.”

So, treason is:

1. giving aid and comfort to America’s

enemies or

2. going to war against the U.S.

and Article III says,

“The Congress shall have Power

to declare the Punishment of Treason.”

102


Article IV (4) of the Constitution

deals with the relationships between the states

and the rights of citizens of one state and another state.

Article IV says:

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Article V (5) tells how the Constitution may be amended.

(All 27 Amendments that we now have were proposed by 2/3 of both Houses

of Congress and ratified by 3/4 of the state legislatures.)

(source: http://www.lexisnexis.com/constitution/amendments_howitsdone.asp )

http://www.lexisnexis.com/constitution/amendments_howitsdone.asp

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Article VI (6) -- “the Supremacy Clause”

“This Constitution, and the laws of the

United States which shall be made in

Pursuance thereof; and all Treaties

made, or which shall be made, under

the Authority of the United States shall

be the SUPREME Law of the Land; and

the judges in every State shall be bound

thereby;

“and the Members of the several State Legislatures, and

all executive and judicial Officers, both of the United

States and of the several States, shall be bound by Oath

or Affirmation to support this Constitution; (All state and

federal government officials have to swear (or affirm) that they

will obey and follow the U.S. Constitution.)

but no religious Test shall ever be required as a

Qualification to any Office or public Trust under the

United States.” (In other words, you don’t have to be of a

particular religion or of any religion to hold office in America.)

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Because there can be NO religious test to be President or

another office holder, our country does not have a

THEOCRACY, which is a country such as Iran that is ruled by

a religious leader or priest in the name of God.

In the early days of our country, one religious group (the

Puritans) established a theocracy in Massachusetts. The

religious leaders there claimed “divine guidance” and ruled

sternly.

Although this might have been fine with those who were

Puritans, those who were not Puritans did not have religious

liberty equal to that of the Puritans.

Obviously, this was not fine with non-Puritans, who were

sometimes chased out of town or physically attacked by

Puritans, who were the rulers.

It is best to live in a country where everyone has equal

religious liberty, which is what we have today. Whether

you are Christian, Jewish, a Muslim, a Hindu, Buddhist, or

even an atheist, you are not persecuted by our

government. You are free to worship as you want (or not).

106


Article VII (7)

This article states that the Constitution must be ratified, or

approved, by nine (9) states. (It was ratified in 1788.)

It also lists the names of those who signed the document,

when finished.

Although 55 attended the Constitutional Convention, only 39

actually signed the finished document. Another delegate who

had already left asked that his name be signed by another

delegate from his state. Therefore, there were 40 names in

all. (Three attendees refused to sign the Constitution, and

several others had already departed for home before the

signing.)

( archives.gov/exhibits/charters/constitution_founding_fathers.html )

107


Let’s Review:

*1787 Constitution was written & signed

(It was signed Sept. 17, 1787.)

*1788 Constitution was ratified

(This means approved by the states.)

*1789 Constitution went into effect

(This means became the law.)

The new government started operating under the Constitution on March 4, 1789.

2 years later:

1791 The first 10 Amendments were

ratified. They were The Bill of Rights.

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1stAmendment: Freedom of religion, speech, and the press;

The Rights of assembly & petition

Religion=R; Speech=S; Press=P; Assembly=A; Petition=P

To remember these rights, rearrange the letters to form

a word: RASP(P). Now you can remember the rights of

freedom of religion, assembly, speech, press, petition.

This amendment guarantees our most important rights.

It says: “Congress shall make no law respecting

(concerning) an establishment of religion, or prohibiting

the free exercise thereof; or abridging the freedom of

Speech, or of the press; or the right of the people

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peaceably to assemble, and to petition the Government

for a redress of grievances.”

In other words, we have the right to worship as we see

fit. There will not be a particular religion that we must

follow. For example, we will not be burned at the stake

as heretics if we are not Catholics (as once happened in

England, since the Catholic Church was the established

religion, or the state church).

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We have the right to speak out verbally and on paper

without being afraid that government officials will

arrest us and throw us into a prison (or kill us) and that

our families will never again know where we are. This

happens in dictatorships, Communist countries, and

theocratic countries when people criticize their rulers.

There are some limits to this freedom, however. For

example, we cannot tell lies and spread rumors about

others, because we can be sued for libel and slander by

the affected persons.

We also can assemble, or get together in groups, to

protest, but the groups must be peaceful and must be

on public property, not private property (unless invited

there).

And we have the right to petition the government for a

“redress of grievances,” which means that we can

complain to the government or ask for the government’s

help without being afraid of punishment. We can ask the

federal, state, or local governments to correct a problem

or right any wrong that we see. We can use this right to

point out corruption, waste, or fraud, for example, and

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ask for it to be corrected. We can even sue the

government.

2nd Amendment: Right to keep and bear arms:

“A well regulated Militia, being necessary to the security

of a free state, the right of the people to keep and bear

arms (have or carry firearms, or guns) shall not be

infringed.”

In the early days of our country (the late 1700s) and

when the Constitution was written (1787), the states had

militias instead of a standing U.S. army. The militias

were to protect the people against Indian raids, foreign

aggression, and to act like a police force, since there

were no professional police forces.

All able-bodied men had to be in the militias and to

furnish their own arms (weapons). Since we have

professional police forces, sheriff’s officers, and a

standing U.S. army today, as well as National Guard units

The First Amendment (1st Amendment) is one of our

most important amendments.

Amendments.

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in every state, there is no militia such as existed in the

1700s.

The 2nd Amendment started with the words “A well

regulated militia, being necessary to the security of a

free State…” Because we now have police forces,

National Guard units, and a standing federal army, we no

longer need militias to protect the “security of a free

State.”

In spite of this, the U.S. Supreme Court has ruled that

citizens may have weapons, even assault rifles.

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The 2nd Amendment is probably the best-known and most

controversial amendment.

This is because politicians, presidential candidates, and

the National Rifle Association (NRA) are always talking

about “our second amendment rights.”

The NRA is opposed to laws that would make it

more difficult to purchase a gun, even if the buyer is

a terrorist or a mentally ill person.

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3rd Amendment: Housing of soldiers

“No soldier shall, in time of peace, be quartered in

any house, without the consent of the Owner, nor in

time of war, but in a manner prescribed by law.”

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4th Amendment: Searches, Seizures, and Arrest Warrants

“The right of the people to be secure in their

…houses…against unreasonable searches and seizures

shall not be violated, and no Warrants shall issue, but

upon probable cause, supported by Oath or affirmation,

and particularly describing the place to be searched,

and the persons or things to be seized.”

This means the police must have a warrant issued by a

judge before they can search your house and carry off

things. The warrant will be issued only if the judge feels

that there is a good reason to search. The warrant also

must tell what the police are allowed to search and take.

116


Fifth Amendment: the accused’s rights

The Fifth (5th) Amendment gives us important rights.

117


The 6th Amendment: grants rights to a fair, speedy trial

118


The 7th Amendment is about our rights in non-criminal cases

119


The 8th Amendment is about bail, fines, and punishment

120


The 9th Amendment is about rights retained by the people

121


The 10th Amendment is about rights retained by the states

----------

Remember: Amendments 1-10

are called the

Bill of Rights.

122


How lucky we are that we live in a country where our most

important rights are guaranteed by The Bill of Rights

(the first 10 amendments)!

There are other important rights that we have. Some of

these are found in the other 17 amendments.

In the early days of this country, the only ones who could vote were

white male landowners. Yes, you had to own property to vote!

At the time the Constitution was written and signed (1787), states

could regulate voting within their borders, so voting mostly remained in

the hands of white male landowners.

In 1865, the 13th Amendment prohibited slavery.

In 1870, shortly after the Civil War, the 15th Amendment gave

former slaves (black males) the right to vote.

It said: “The right of citizens of the United States to vote shall not be

denied or abridged by the United States or by any State, on account of

RACE, COLOR, or previous condition of SERVITUDE (slavery).

And by 1870, being a landowner was no longer a requirement for voting

in any state.

123


In 1890, Wyoming, in its state constitution, became the first state to

allow women to vote. (Before Wyoming became a state--when it was

still just a Territory--, it gave women the right to vote in 1869, and

they could start voting in 1870. Western men, perhaps grateful to

women for their contribution and hard work in settling the West, were

more open to the idea of letting women vote, long before Easterners

let them vote.)

Women all over America got the right to vote when the 19th

Amendment to the U.S. Constitution took effect in 1920 (the first

year of “the Roaring ‘20s”). But it was a long, hard struggle before

they got the right to vote, and it was 50 years after black males

(former slaves) got that right. (So women were not even considered

equal to black male former slaves.)

In 1971, 18-year-olds got the right to vote with the passage of the

26th Amendment. (Before that, the voting age was 21, but it was

lowered because of protests during the Vietnam War. The argument

was that, if kids were old enough to fight and die, they were old enough

to vote.)

(sources: http://www.history.com/this-day-in-history/wyoming-legislators-write-

the-first-state-constitution-to-grant-women-the-vote and

http://constitutioncenter.org/interactive-constitution/amendments/amendment-

xxvi and http://www.history.com/topics/womens-history/19th-amendment)

http://www.history.com/this-day-in-history/wyoming-legislators-write-the-first-state-constitution-to-grant-women-the-vote

http://www.history.com/this-day-in-history/wyoming-legislators-write-the-first-state-constitution-to-grant-women-the-vote

http://constitutioncenter.org/interactive-constitution/amendments/amendment-xxvi

http://constitutioncenter.org/interactive-constitution/amendments/amendment-xxvi

http://www.history.com/topics/womens-history/19th-amendment

124


These

Affect

Blacks

125


Remember what “due process” means:

This refers to the fair and legal way of doing things, and that no

American citizen can be deprived of life, liberty (freedom), or

property without fairness in all legal procedures. All levels of

government (city, state, federal) have to operate fairly and legally.

126


“Sweet 16” is sweet when referring to

birthdays, but not so sweet when referring to

the 16th Amendment!

The 16th Amendment established the dreaded

income tax!

127


Prohibition began in January 1920 and lasted during the decade of the 1920s (“the Roaring ‘20s”). Prohibition failed miserably, since the consumption of alcohol increased, rather than decreased, as intended. Many other unintended consequences resulted. Restaurants

128


failed, theaters sold fewer tickets, and many people such as barrel makers, truck drivers, and waiters (now called servers) lost their jobs. State and federal taxes from the sale of liquor “dried up,” since taxes were not paid on illegal alcohol sales. Governments were unable to fund their budgets from the decline in liquor taxes, so they relied more and more on income taxes. Prohibition was designed to cut down on the abuse of alcohol, but the abuse of alcohol became even greater than before Prohibition. More people were drinking, and they were drinking more than before Prohibition. Police took bribes for “looking the other way” when businessmen made illegal liquor and when businesses sold it.

(Information on “Unintended Consequences” by Michael Lerner, historian, from: http://www.pbs.org/kenburns/prohibition/unintended-consequences/ )

And criminals got involved in illegally making and selling liquor, which resulted in gangsters such as Al Capone and in machine gun killings on the streets.

http://www.pbs.org/kenburns/prohibition/unintended-consequences/

129


Because of all of the unintended consequences from the

18th Amendment (Prohibition), the 21st Amendment

repealed (or did away with) the 18th Amendment in 1933.

Once again, the manufacture, transportation, and sale of

liquor was legal.

130


131


After President Franklin D. Roosevelt had been

elected to four 4-year terms, this amendment was

written and ratified to limit the terms of future

Presidents.

132


There are a few other amendments that don’t really affect

the people or the rights of the people. These are:

11th Amendment: Concerns lawsuits against the U.S.

17th Amendment: Direct election of 2 Senators by the people of each

state

20th Amendment: What to do when the President, Senators, and Reps

die in office

23rd Amendment: Electors given to the District of Columbia

(Washington, D.C.)

24th Amendment: Poll taxes—No taxes are required to vote

25th Amendment: What happens when President becomes disabled

27th Amendment: Congressional salaries

The word “amend” means “to change something” or “to modify it to make it

better or more accurate or up-to- date.” In other words, to amend something is

to “tweak it” to make it better.

All of the amendments in the Bill of Rights were intended to make the

Constitution better and more acceptable to the people. Since they

specifically guaranteed our freedoms, these changes to the

Constitution satisfied many of those who wanted an explicit guarantee

of some of the rights that they had fought so hard for (such as not

having to quarter soldiers in their homes). The other 17 amendments

also made the Constitution better or more up-to-date. For example,

133


Amendment 17 said that Senators would be elected by the people,

instead of by state legislatures, as the Constitution had originally

stated. And Amendment 16 gave Congress the right to lay and collect

an income tax in order to have money to protect our country, etc.

Useful websites:

(not mentioned elsewhere in this book)

https://my.uscis.gov/prep/test/civics

This U.S. Government site has practice tests with answers on

government, history, and geography. Useful for anyone who wants to

test his/her knowledge or to prepare for the Naturalization Test.

https://www.icivics.org/

This is a good site where you don’t just learn civics, but you play

civics (games). This site was founded by a retired justice of the United

States Supreme Court, Justice Sandra Day O’Connor.

------

Acknowledgement: In writing this book, I used a college text,

Government By The People, National Version Sixteenth Edition, by

James MacGregor Burns and others to check dates and facts and for the

printed copy of The Constitution that was found at the front of the

book. I also got ideas from it about the principles upon which our

government was built (Separation of Powers, Checks & Balances, etc.)

and the other duties that the President has (recruiter, etc.)

https://my.uscis.gov/prep/test/civics

https://www.icivics.org/

134


Answers to the question, “Can you find the spelling errors?”

1. “Insure” is misspelled. “Insure” should be used when writing about

insurance, as in the sentence, “I need to insure my car.

“Ensure” should have been used in the Preamble in the line where it says

“insure domestic Tranquility.” “Ensure” means what you do to have

success. It means “to make certain.” We want to ensure domestic

tranquility (peace in our home country) by doing what we have to do.

2. “Defence” is also considered a misspelled word in American English today,

although that is the way it is spelled in Canada, Britain, and Australia. That

is also the way it was spelled at the time that the Constitution was written

in 1787, so it would have been correct THEN.

However, by about 1910, in America “defense,” with an “se,” became the

preferred American spelling. It should be spelled “defense”--with the

letters “se,” not “ce.” It should not have a “fence” in the word. To

remember the correct American spelling, think of the word “missiles.” We

use missiles for the defense of our country. (Both words have an “s.”)

Easy!

135


Remember the first three words of the Constitution:

---------------------------------

Do you realize that the word “mad” can mean

“insane” (“crazy”) or “stupid”?

To remember that the main author of the Constitution

was James Madison,

imagine someone asking him,

“Are you mad to think that you can write a Constitution

that will last for more than 200 years?”

(Madison is also known as “the father of the

Constitution,” because many of his thoughts gave birth

to the Constitution.)

136


To help you remember the dates when the Constitution was written &

signed, ratified, and took effect (became the supreme law of the land),

remember the BIG RED 17 (above), which stands for the 1700s.

Then, think of an old grandfather or great-grandfather who is really

old (in his late 80s)—87, in fact. Then, add +1, +1, +2, for the years.

137


Remember that George Washington was a delegate, or

deputy, to the Constitutional Convention in 1787. You’ve

probably heard of him!

Washington was one of the “framers” of the Constitution,

along with James Madison and Benjamin Franklin.

Why were the ones who wrote the Constitution called

“framers”?

It will help you to know that carpenters who construct the

basic wooden frame of a building are known as “framing

carpenters,” or “framers.”

Their work creates the shape and structure of the house

or other building on which they work, just like the ones

who wrote the Constitution helped to shape and create the

structure of our government with its 3 branches

(legislative, executive, and judicial) and with its Separation

of Powers, Checks and Balances, Federalism, and Bill of

Rights, etc.

George Washington was the first person to serve as President

under the Constitution. The Constitution had taken effect (our

country had started operating under it) on March 4, 1789.

Washington served as President from April 30, 1789, until 1798.

138


Since our country, in 1776, had declared its independence from the

British, other men had served as President BEFORE WASHINGTON,

but they served under the Articles of Confederation, the document

that existed before the Constitution.

The 8 men who served as President under the Articles of

Confederation did not have all of the powers that Presidents such

as Washington had under the Constitution. Also, there was no

executive branch under the Articles, and the President never did

the “REAL” work that Presidents have to do under our Constitution.

They mostly signed documents and did other ceremonial duties. So

we don’t really consider them to be our Presidents.

(from: https://www.constitutionfacts.com/us-

articles-of-confederation/john-hanson-story )

https://www.constitutionfacts.com/us-articles-of-confederation/john-hanson-story

https://www.constitutionfacts.com/us-articles-of-confederation/john-hanson-story

139


Remember that a state such as Tennessee, which has

2 U.S. Senators and 9 U.S. Representatives,

will have 11 electoral votes.

(2 Senators + 9 Reps =11 Electors).

Remember, also, that Senators and Reps

cannot serve as electors.

140


How well did you learn?

1. The first three words of the Constitution are:

__________ ________ ____________

2. The Constitution was written and signed in ________.

a. 1787 b. 1887 c. 1987 d. 1776

3. The Constitution was written in __________________.

a. Boston b. Washington, D.C. c. Philadelphia

4. The Compromise that resulted in 2 houses of Congress

(one based on a state’s population and the other where

each state would be equal) and all money bills originating

in the House of Representatives was called the

_____________________ ____________________.

a. Michigan Compromise b. Virginia Plan c. Connecticut

Compromise

5. Who is known as “the Father of the Constitution”?

__________________ ______________________

a. Benjamin Franklin b. Thomas Jefferson

c. James Madison d. George Washington

141


6. How many delegates participated in writing the

Constitution? ________________

a. 55 men b. 55 women c. 55 men & women

d. 100 men

7. The introduction to the Constitution is called the

_______________________.

a. legislative b. preamble c. conclusion d. court

8. Which branch of the government writes the laws?

_______________ _______________

9. Name the 3 branches of government

_______________, ______________, ___________

10. When the Constitution was written, the framers, or

writers, established a government with 3 branches so that

each branch could “_________,” or limit, the power of

the other 2 branches.

11. The _____________________ gives us a written

guarantee of our freedoms and of due process of law.

a. Federalism b. Bill of Rights c. Separation of Powers

142


12. Federalism divides power between the federal

government and ______________ governments.

13. What is another name for the Legislative Branch?

________________________

a. Congress b. the President c. Supreme Court

14. Congress is made up of an upper house, or chamber,

called the ________, and a lower house, or chamber,

called the ____________________________.

15. Each state has _____ U.S. Senators.

a. 2 b. 4 c. 6 d. 100

16. Today there are ________ states.

a. 25 b. 50 c. 75 d. 100

17. The total number of U. S. Senators is _______.

a. 50 b. 100 c. 200 d. 435

18. Tennessee has ___ U.S. Senators and ____ U.S. Reps.

19. Senators and Reps work in the ________________.

a. Capitol b. White House c. Supreme Court

143


20. A Senator is elected for _______ years.

a. 2 b. 4 c. 6 d. life

21. The U.S. Capitol is in our nation’s capital, ___________.

a. Boston b. Washington, D.C. c. New York City

22. We take a census, or count of the people, every ___

years.

a. 5 b. 10 c. 20 d. 25

23. When states gain or lose population, they gain or lose

U.S. _________________.

a. Senators b. Representatives

24. Which house can impeach the President? ________

a. House of Representatives b. Senate

25. Which house tries the President? __________

a. House of Representatives b. Senate

26. What does “impeach” mean? _________________

a. to accuse or formally charge someone of a crime

b. to convict, or find the person guilty

c. to find the person innocent

27. How many Presidents have been impeached? ______

a. none b. 2 c. 8 d. 10

28. How many Presidents have been found guilty? _______

144


29. All bills for raising revenue (money) have to start in the

_______________________.

a. House of Representatives b. Senate c. White

House

30. The President is elected for a term of ______ years.

a. 2 b. 4 c. 6 d. 8

31. The Leadership Branch of the government is

___________________.

a. the Executive Branch (President) b. Congress

c. Supreme Court

32. The Commander-in-Chief of our armed forces is

_______________________.

a. Congress b. the President c. Chief Justice

33. The first 10 amendments to the Constitution are known

as the __________________________.

34. Who has the power to make treaties and appoint justices

to the Supreme Court? ________________

a. Vice President b. the President c. Chief

Justice

35. All Supreme Court appointments must be made with

“the advice and consent of the” __________________.

a. House of Reps b. Senate c. Chief Justice

36. The President is elected every _________year.

a. second b. fourth c. third d. tenth

145


37. There are 538 electoral votes. To be elected President,

a nominee must win at least _________ votes.

a. 2/3 of the b. a majority of c. all 538

38. The day that the President is sworn in and starts work

is known as ________________________________.

a. Inauguration Day b. Independence Day

b. Labor Day

39. The _____________ Branch of government consists of

the Supreme Court and lower federal courts.

a. Olive b. Executive c. Judicial d. Legislative

40. What is the highest court in our land? ______________

a. Court of Appeals b. Supreme Court c. District

Courts

41. How many justices are normally on the Supreme Court

when all members’ positions are filled? ____

a. 3 b. 6 c. 9 d. 12

42. The _______________________ is the supreme law

of the land.

a. Constitution b. Bible c. Declaration of

Independence

146


43. According to the Constitution (Article VI), what kind of

test is never required to hold the office of President or

any other office of public trust in America?

a ___________________ test

a. mental b. physical c. religious d. citizenship

44. Which amendment gives us the “right to bear arms”? ___

a. 1st b. 2nd c. 5th d. 14th

45. Which amendment gives us freedom of religion, assembly,

speech, the press, and petitioning the government? ____

a. 1st b. 2nd c. 5th d. 14th

46. Which amendment prohibited slavery? _______

a. 10th b. 13th c. 18 d. 22nd

47. Which amendment gave black male former slaves the

right to vote? _________

a. 10th b. 15th c. 20th d. 25th

48. Both of the two amendments above in questions 46 and

47 were ratified shortly after the ___________ War.

a. Spanish-American b. Civil c. First World

147


49. The first President of the United States under the

Constitution was ______________ _______________.

a. Benjamin Franklin b. Thomas Jefferson

c. George Washington d. Alexander Hamilton

50. When the Senate puts the President on trial, who

Presides? _______________________

a. the President b. the Vice President

c. the President pro tempore of the Senate

d. the Chief Justice of the Supreme Court

51. To become a law, a bill must pass both houses of

____________________ and be signed by the

___________________.

52. The Constitution gives Congress only one power, the

power to write, or make, laws.

Circle one: True or False

53. If the President does not want a bill to become a law,

he can ______________________ it.

a. veto b. sign c. debate d. filibuster

148


54. Only ____________________ has the power to

declare war.

a. the President b. Congress c. Supreme Court

55. The _______________________ has power to make

treaties with other countries and to nominate and appoint

justices to the Supreme Court, but he must do it with

“the advice and consent of the __________________.”

56. If the President vetoes a bill, Congress can still make it a

law without the President’s signature if

__________________ of both houses of Congress can

pass the bill again.

a. 2/3 b. ¾ c. all members

57. The _______________ Amendment gave women the

right to vote in the year ___________.

58. The ________________ Amendment gave us the

Dreaded INCOME TAX.

59. The _________ __________ is the highest court.

60. Everyone in America is entitled to a fair trial and

to “equal justice under law.” True or False. (circle it)

Answers on next page.

149


1. We the People

2. a.) 1787

3. c.) Philadelphia

4. c.) Connecticut Compromise

5. c.) James Madison

6. a.) 55 men

7. b.) preamble

8. Legislative Branch

9. Legislative, Executive, and Judicial

10. check

11. b.) Bill of Rights

12. state

13. a.) Congress

14. Senate (upper house) and House of Representatives

15. a.) 2

16. b.) 50

17. b.) 100

18. 2 Senators and 9 Reps

19. a.) Capitol

20. c.) 6 years

21. b.) Washington, D.C.

22. b.) 10

23. b.) Representatives

150


24. a.) House of Representatives

25. b.) Senate

26. a.) to accuse or formally charge someone of a crime

27. b.) 2

28. 0 (or none)

29. a.) House of Representatives

30. b.) 4

31. a.) the Executive Branch (President)

32. b.) the President

33. Bill of Rights

34. b.) the President

35. b.) the Senate

36. b.) fourth or (4th)

37. b.) a majority of the (or 270)

38. a.) Inauguration Day

39. c.) Judicial

40. b.) Supreme Court

41. c.) 9

42. a.) Constitution

43. c.) religious

44. b.) 2nd

45. a.) 1st (first)

46. b.) 13th

47. b.) 15th

151


48. b.) Civil

49. c.) George Washington

50. d.) Chief Justice of the Supreme Court

51. Congress and the President

52. False

53. a.) veto

54. b.) Congress

55. President and Senate

56. a.) 2/3

57. 19th and 1920

58. 16th (Remember “Sweet 16.” 16th Amendment is not so

sweet!)

59. Supreme Court

60. True

Scoring:

Give yourself 1.67 points for each question that you got

right. Then, multiply 1.67 x the number of questions you

got right.

Example: 1.67 points

X 60 right, or correct

100.20 (Round it to the nearest whole number)

(100) Congratulations!

152


North

West East (Atlantic O.)

South

To remember that the ocean on our East Coast is the Atlantic,

notice that the word Atlantic starts with an A, and East starts with an

E. A and E are close together in the alphabet, so it is the Atlantic O.

that is on the East Coast. ( Pacific Ocean starts with a P, and West

Coast starts with a W. P and W are close together.)

Documents

A Fun and Easy Guide to the Constitution of the United Statessmarthelpforstudents.com/wp-content/uploads/2015/09/constitution... · A Fun and Easy Guide to the Constitution of the