Law and GovernmentThe ConstitutionStudy/Reading guide

Lesson 1 An Overview of the Constitution

Key Terms bicameralJames MadisonExecutive ArticleAlexander Hamiltoninferior courtspopular sovereigntylimited governmentconstitutionalismrule of lawseparation of powerschecks and balancesvetoAndrew JohnsonBarack Obamajudicial reviewunconstitutionalFederalism

Academic Vocabularypolitical arena: the setting in which political activity occursprovision: a clause that expresses a condition in a document or agreementpopulous: with many peoplepredominates: holds controlling power or influencecouch: to express using a particular styletribunal: a judicial body, a courtenshrined: set out with respect; honoredprohibition: a denial; a banvested: given to, conferred uponoverride: to overturn, reverse, cancelpartisan: loyal to a particular political partyauxiliary: extra; supportive; supplemental

Lesson Objectives1. Understand the basic outline of the Constitution.2. Understand the six basic principles of the Constitution: popular sovereignty,

limited government, separation of powers, checks and balances, judicial review, and Federalism.

Text Analysis 1(pp. 78,79): An Outline of the U.S. Constitution1. Determine Meaning of Words Read the first paragraph under

“Amendments.” What does “cumbersome” mean? How would the U.S. Constitution be different if it included “cumbersome provisions,” and how might this affect its longevity?

2. Determine Central Ideas The Constitution is “the supreme Law of the Land.” How can this be seen by looking at the organization of the Constitution itself?

Text Analysis 2 (pp.80, 81): Article I3. Summarize Use the graphic organizer to summarize historical, practical,

and theoretical reasons why the Constitution establishes a bicameral legislature.

Text Analysis 3 (pp.81, 82): Article II4. Explain an Argument The Framers debated two very different views of the

presidency and how much power one person should have. Describe each argument. Which viewpoint is reflected in the Constitution?

Text Analysis 4 (pp. 82-85): Article III5. Vocabulary: Analyze Word Choices Read the following quotation from

Alexander Hamilton from The Federalist No. 78, in which Hamilton discusses the extent to which the judicial branch can influence the executive and legislative branches of government: “The judiciary . . . has no influence over either the sword or the purse; . . . It may truly be said to have neither FORCE nor WILL, but merely judgment.” Why do you think Hamilton chose to use the words “sword” and “force” to refer to the executive branch and “purse” and “will” to refer to the legislative branch?

6. Compare and Contrast What is the key difference between the constitutional courts and the special courts?

Text Analysis 5 (pp. 83-85): Basic Principles7. Determine Central Ideas As you read, list each of the three basic principles

included in this text and describe the central idea of each in your own words.

8. Draw Conclusions In what way do citizens of today exercise popular sovereignty, and how do their actions provide an accurate reflection of the will of the citizens across the entire country?

9. Integrate Information from Diverse Sources Refer to the cartoon that illustrates separation of powers. Describe how the different characters each reflect the concept of separation of powers.

Text Analysis 6 (pp85-89): More Basic Principles10. Determine Central Ideas As you read, list each of the three basic principles

included in this text and describe each in your own words.

11. Draw Conclusions What do you suppose would happen if there was no system of checks and balances? Give an example of how this could affect the process of government.

12. Use Visual Information Refer to the Checks and Balances chart. How can the U.S. President directly affect the legislative and judicial branches of government? What can the legislature do if they do not agree with the President’s selection of a judge?

Lesson 2 Amending the Constitution

Key Terms, Places, and People amendmentratificationformal amendmentBill of RightsThomas JeffersonFranklin D. RooseveltJames Madisonexecutive agreementtreatyGeorge Washingtonelectoral collegecabinetLyndon Johnsonsenatorial courtesy

Academic Vocabularyamendment: a change in, or addition to, a constitution or lawratification: formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treatyformal amendment: change or addition that becomes part of the written language of the U.S. Constitution itself through four methods set forth in the ConstitutionBill of Rights: The first ten amendments to the U.S. Constitutionexecutive agreement: A pact made by the President directly with the head of a foreign state.treaty: a formal agreement between two or more sovereign stateselectoral college: a group of persons chosen in each State and the District of Columbia every four years to make a formal election of the President and Vice PresidentCabinet: an advisory body to the Presidentsenatorial courtesy: an unwritten rule that is closely followed in the Senate

Lesson Objectives1. Describe the constitutionally prescribed procedures by which the Constitution may be formally changed.

2. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty.

3. Understand the 27 amendments that have been added to the Constitution and that several amendments have been proposed but not ratified.

4. Identify how basic legislation has added to our understanding of the Constitution over time.

5. Analyze how interpretation of the Constitution has changed over the years through the actions of the executive and judicial branches and by party practices and customs.

Text Analysis 1 (pp. 90,91): Formal Amendment Process

1. Identify Key Steps For each formal method through which the Constitution can be amended, what are the steps of the process?

I. Formal Amendment ProcessA. First Method

1. ______________________________________________________

2. ______________________________________________________

B. Second Method3. ______________________________________________________

4. ______________________________________________________

C. Third Method5. ______________________________________________________

6. ______________________________________________________

D. Fourth Method7. _____________________________________________________

8. _____________________________________________________

2. Identify Supporting Details Describe the method used to adopt 26 of the 27 amendments to the Constitution. Include evidence from the text to support your answer.

Text Analysis 2 (p. 92) : Federalism and Popular Sovereignty

3. Cite Evidence How does the formal amendment process illustrate the goals of the Framers? What requirements of the formal amendment process support your answer?

4. Draw Inferences Why do you think that a State legislature might want to call for an advisory vote by the people before it ratifies an amendment proposed by Congress?

Text Analysis 3 (pp.92, 93): Proposing an Amendment5. Identify Cause and Effect Why do you think only 27 amendments have

been added to the Constitution since its ratification, even though thousands have been proposed?

Text Analysis 4 (pp. 93, 94): The 27 Amendments6. Summarize Review the 27 amendments in the reading. In your own words,

write the subject of each amendment to complete the chart.

Text Analysis 5 (pp. 95-97): Change By Other Means7. Summarize How has basic legislation added to our understanding of the

Constitution over time?

8. Cite Evidence How has the interpretation of the Constitution changed through the actions of the executive and judicial branches and by party practices and customs? Use evidence from the text to support your answer.

Lesson 3 Federalism: Powers Divided

Key TermsFederalismdivision of powersdelegated powersexpressed powersimplied powersinherent powersreserved powersexclusive powersconcurrent powersSupremacy ClauseJohn Marshall

Academic Vocabularyenumerated: specified, listed, identifiedreprieve: postponement or delay in the execution of a sentencedeport: to order that one be forced to leave a countryconfiscate: to take or seize legally illicit: illegal, unlawful, outlawedpursuance: a carrying out of an execution of somethingimperil: to endanger, put at risk, threaten

Lesson Objectives1. Define Federalism and explain why the Framers adopted a federal system

instead of a unitary system.2. Categorize powers delegated to and denied to the National Government,

powers reserved for and denied to the States, and the difference between exclusive and concurrent powers.

3. Summarize the obligations that the Constitution, as “the supreme Law of the Land,” places on the National Government with regard to the States.

Text Analysis 1(pp. 99, 100): The Founders Choose Federalism1. Compare and Contrast: Compare the Framers’ beliefs about local self-

government to their attitude toward a strong central government.

2. Identify Supporting Details: Use examples to explain why the author describes the division of powers as “a very complex matter.”

Text Analysis 2 (100, 101): What is Federalism?3. Summarize: In your own words, provide a brief summary of

federalism in the United States.

4. Determine Meaning of Words Define the expression “division of powers.”

Text Analysis 3 (pp. 101-103): Three Types of Federal Powers5. Categorize: Complete the chart with examples of the expressed, inherent, and implied powers of the National Government.

6. Analyze Word Choices: The Necessary and Proper Clause says that Congress has the power

“to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Why do you think the Framers used the words “necessary and proper” to describe the power of Congress to make laws?

Text Analysis 4 (p. 103): Powers Denied to the Federal Government7. Summarize: Briefly explain the concept of “the silence of the Constitution.”

8. Use Visual Information: Look at the “Powers Denied to the Federal Government” chart. Choose one way in which power is denied to the Federal Government—Expressly Denied, Implicitly Denied, or Silently Denied—and use your own words to explain why the Federal Government should be denied those powers.

Text Analysis 5 (pp. 103-105): Powers of the Fifty States9. Paraphrase: In your own words, describe the breadth of the powers reserved to the States.

Text Analysis 6 (pp. 105, 106): The Exclusive and the Concurrent Powers10. Determine meaning of words: Explain the meaning of the phrase “concurrent powers.”

Text Analysis 7 (pp. 106-108): The Constitution Reigns Supreme11. Paraphrase: In your own words, paraphrase the Constitution’s Supremacy

Clause.

12. Cite evidence: Cite specific examples to describe the important role the Supremacy Clause has played in American history.

Lesson 4 The National Government and the States

Key Termsenabling act act of admissionWilliam Howard Taftgrants-in-aid programcategorical grantblock grantproject grantinterstate compactFull Faith and Credit ClauseextraditionPrivileges and Immunities Clause

Academic Vocabularyintegrity: the quality of being a single undivided whole insurrection: a revolt against a governmentforerunner: one that comes before, precedesunwarranted: without legal authorityjurisdiction: the authority to interpret and apply the lawfugitive: one who flees

Lesson Objectives1. Explain the process for admitting new States to the Union.2. Examine the many and growing areas of cooperative federalism.3. Explain why States make interstate compacts.4. Understand the purpose of the Full Faith and Credit Clause, the Extradition Clause, and the Privileges and Immunities Clause.

Text Analysis 1 (pp.109-111): The Nation’s Obligations Under the Constitution1. Compare and contrast Before the States agreed to give up their war-making

powers, each demanded that an attack on any one of the States would be

met as an attack on all of them. Compare the significance of this guarantee today to its significance at the time the Constitution was written.

2. Integrate Information from Diverse Sources Look at the photograph that shows the National Guard providing assistance in the aftermath of the 2013 Jamestown, Colorado, flooding. Use it and evidence from the text to describe one meaning of the constitutional phrase “domestic Violence.”

Text Analysis 2 (pp. 111-113): Admitting New States3. Summarize In your own words, summarize the process used to admit new States to the United States.

4. Determine Meaning of Words Define the term “enabling act.”

Text Analysis 3 (pp.113-116): States and Federal Government Sharing Resources5. Categorize A State received one grant-in-aid for “health,” one for

“waste-water treatment,” and one to conduct research on a treatment for uterine cancer. Categorize these three grants as project, categorical, or block grants. Then, write another example of each type of grant.

6. Compare and Contrast Compare the two perspectives on whether grants-in-aid support or undermine our Federal Government.

Text Analysis 4 (pp. 116): Agreements Among States7. Determine Central Ideas Why was it necessary to establish formal procedures for making agreements among or between States?

Text Analysis 5 ( pp. 116-118): How the Law Crosses State Lines8 Paraphrase In your own words, explain the meaning of the phrase “Full

Faith and Credit.”

Text Analysis 6 (pp. 118, 119): Extradition9. Determine Meaning of Words Define the word “extradition.”

10. Cite Evidence Cite a specific example of a situation in which a request for extradition is likely to be contested.

Text Analysis 7 (pp. 119-120): Privileges and Immunities11. Identify Supporting Details Explain the function and use of the Privileges

and Immunities Clause.

12. Draw Conclusions Explain why a State college or university is able to hire out-of-state professors but charges out-of-state students a higher tuition rate.