Literature & Thought: We The People

government anD Current events
we the people
founDations of ameriCan
government
Pe r f e c t i o n L e a r n i n g
E ditorial D irector Carol Francis
E xecutive E ditor Jim Strickler
E ditorial T eam Kate Winzenburg, Sheri Cooper
A rt D irector Randy Messer
D esigner Tobi Cunningham
I mage R esearch T eam Anjanette Houghtaling, Rebecca Keay
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PB ISBN-10: 0-7891-8290-4
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HB ISBN-10: 1-61383-107-2
HB ISBN-13: 978-1-61383-107-6
Printed in the United States of America

Does the Constitution work today?
T he question above is the essential question that you will consider as

you read this book. The selections, activities, and organization of the
book will lead you to think critically about this question and to develop
a deeper understanding of how effective the Constitution is today.
CLUSTER ONE What ideas shaped the Founders?

Critical Thinking Skill Analyzing Sources
CLUSTER TWO How does the Constitution safeguard against tyranny?

Critical Thinking Skill Comparing Points of View
CLUSTER THREE What compromises in the Constitution matter today?

Critical Thinking Skill Evaluating Arguments
CLUSTER FOUR Thinking on your own

Critical Thinking Skill Integrating Sources of
Information
Notice that the final cluster asks you to think independently about your
answer to the essential questionDoes the Constitution work today?
We the people of the United States
. . . do ordain and establish this Constitution for

the United States of America.
from the Preamble to the U.S. Constitution,
written in 1787 and ratified in 1788

T able of C ontents
Preface 3
Prologue from the Preamble to the U.S. Constitution 4
Table of Contents 6
Creating Context 9
The Constitution of the United States, with annotations
Cluster One W h at I d e a s S h a p e d the Founders? 35
Critical Thinking SkillAnalyzing Sources
Magna Carta and Its American Legacy Analysis and Primary Source 36
The Mayflower Compact Primary Source 43
The Pilgrims Had It Good

V i c t o r L anda Article 44
Life in a City on a Hill

S ar ah V o w ell Book 46
Reagans Farewell Address

R o nal d R eagan Speech 50
Religious Tolerance in America

R i char d R o dri g uez Essay 52
Give Me Liberty or Give Me Death!

P atr ick H enry Speech 55
What Makes a Government Legitimate?

J o h n L o c ke Book 59
Declaration of Independence
T ho ma s J e f f e rso n Primary Source 62
The Fourth of July and Slavery

F r e de r i ck D o ug lass Speech 68
Responding to Cluster One

Writing Activity: Analyze a Source 72
6
Cluster Two
H o w D o e s t h e C o n s t i t u t i o n S a f e g u a r d A g a i n s t T y r a n n y ? 73
Critical Thinking SkillComparing Points of View
The Separation of Powers

Baron de M o nt esq ui e u Essay 74
When Is Bombing Constitutional?

T a -N e h is i C o at es and B lo g C o ntri butor s Blog 78
The Federalist Papers

J am e s M adi son Essay 84
Objections to the Constitution

G e o r g e M as o n Article 90
Minnesota Too Polite to Ask for Federal Funding

T he O n i o n Humor 94
Responding to Cluster Two

Writing Activity: Compare Op-Ed Articles 96
Cluster Three
W h at C o m p r o m i s e s in the C o n s t i t u t i o n M at t e r T o d ay ? 97
Critical Thinking SkillEvaluating Arguments
What Would the Founders Do?

R i char d B ro o khi s er Book 98
The Great Compromise

C at he r i ne D rinker B o w e n Book 102
Who Rules? A Case Study in Power

A l e c M ac G i ll i s Analysis 108
Latinos Remake the Electoral Map

H e nry F l ore s Analysis 114
No More Racial Gerrymandering

L i nda C h av e z Column 117
Responding to Cluster Three

Writing Activity: Evaluate the Argument for Compromise 120
7
Cluster Four T h i n k i n g on Your Own 121
Critical Thinking SkillIntegrating Sources of Information
Needy Students Need Aid

E s t h e r C ep e da Column 122
Fat Cat Universities Dont Need Aid

J as o n M at t e r a Column 124
Americans View Basic Freedoms

F ir s t A m endment C e nt e r Survey 127
Reverence for the Constitution

J i ll L e p o r e Article 129
The Spoiled-Brat American Electorate

E ug e ne R o bi ns o n Column 133
The Misguided Elites

T ho ma s S o w ell Column 136
Why I Hate Politics. That Government Kind.

M ar cy M ass ura Humor 139
Why Im Political
M ar g ar e t C ho Essay 141
Responding to Cluster Four

Writing Activity: Evaluate the Constitution Today 144
Author Biographies 145
Additional Reading 151
Acknowledgments 153
8
C R E A T I N G C O N T E X T
the Constitution of the

uniteD states
We the People of the United States, in Order to
form a more perfect Union, establish Justice, insure Preamble
domestic Tranquility, provide for the common The first three words of the
defense, promote the general Welfare, and secure the Preamble declare that the
Blessings of Liberty to ourselves and our Posterity, do people, rather than a king or the
ordain and establish this Constitution for the United states, had the legitimate power
States of America. to create a national government.
Read about the source of
Article I government authority in Magna
Section 1 All legislative Powers herein granted shall Carta and Its American Legacy,
pages 3642; The Mayflower
be vested in a Congress of the United States, which
Compact, page 43; and What
shall consist of a Senate and House of
Makes a Government
Representatives. Legitimate? by John Locke,
Section 2 The House of Representatives shall be pages 5961.
composed of Members chosen every second Year by
the People of the several States, and the Electors in Article I The Legislature
each State shall have the Qualifications requisite for Section 1 Delegates from large
Electors of the most numerous Branch of the State states such as Virginia wanted
Legislature. Congressional representation to
be based on population.
No Person shall be a Representative who shall not Delegates from small states such
have attained to the Age of twenty five Years, and as New Jersey wanted
been seven Years a Citizen of the United States, and representation to be equal for
who shall not, when elected, be an Inhabitant of that every state. Delegates
State in which he shall be chosen. compromised by creating a new
national legislature with two
The actual Enumeration shall be made within three houses, one based on
Years after the first Meeting of the Congress of the population and one based on
United States, and within every subsequent Term of equal representation. Read
ten Years, in such Manner as they shall by Law about this compromise in the
direct. The Number of Representatives shall not selection The Great
exceed one for every thirty Thousand, but each State Compromise, by Catherine
shall have at Least one Representative; and until such Drinker Bowen, pages 102107,
enumeration shall be made, the State of New and how it works today in
Hampshire shall be entitled to choose three, Who Rules? A Case Study in
Power, by Alec MacGillis,
Massachusetts eight, Rhode-Island and Providence
pages 108113.
Plantations one, Connecticut five, New-York six, New
Jersey four, Pennsylvania eight, Delaware one, Section 2 The framers
Maryland six, Virginia ten, North Carolina five, South wondered whether the people
Carolina five, and Georgia three. should include Native Americans
9
When vacancies happen in the

Representation from any State, the Executive
Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall choose
their Speaker and other Officers; and shall
have the sole Power of Impeachment.
Section 3 The Senate of the United States
shall be composed of two Senators from each
State, thereof for six Years; and each Senator
shall have one Vote.
Immediately after they shall be assembled in
Consequence of the first Election, they shall
be divided as equally as may be into three
Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the and African Americans. They
second Year, of the second Class at the Expiration of decided that only the few Native
Americans who owned property
the fourth Year, and of the third Class at the
and thus paid taxes would be
Expiration of the sixth Year, so that one third may be
counted, and that enslaved
chosen every second Year. African Americans would count
No Person shall be a Senator who shall not have as only three-fifths of a person.
attained to the Age of thirty Years, and been nine This system did not change until
Years a Citizen of the United States, and who shall 1868, when the ratification of
not, when elected, be an Inhabitant of that State for the Fourteenth Amendment
granted full citizenship to
which he shall be chosen.
everyone born in the United
The Vice President of the United States shall be States. Read about redistricting
President of the Senate, but shall have no Vote, the House in No More Racial
unless they be equally divided. Gerrymandering, by Linda
Chavez, pages 117119.
The Senate shall choose their other Officers, and also
a President pro tempore, in the Absence of the Vice Section 3 Many delegates
feared that most people were
President, or when he shall exercise the Office of
too uneducated and too short-
President of the United States.
sighted to make wise political
The Senate shall have the sole Power to try all decisions. Alexander Hamilton
Impeachments. When sitting for that Purpose, they said the ancient democracies,
shall be on Oath or Affirmation. When the President in which the people themselves
of the United States is tried, the Chief Justice shall deliberated, never possessed one
preside: And no Person shall be convicted without feature of good government.
To make the Senate less
the Concurrence of two thirds of the Members
democratic, the framers
present. originally included a provision
that state legislators, rather than
10
Judgment in Cases of Impeachment shall not extend

further than to removal from Office, and the mass of voters, would
choose senators. This remained
disqualification to hold and enjoy any Office of
the process until 1913, when
honor, Trust or Profit under the United States: but the
the Seventeenth Amendment
Party convicted shall nevertheless be liable and made senators directly elected
subject to Indictment, Trial, Judgment and by the people.
Punishment, according to Law.
To convict in an impeachment
Section 4 The Times, Places and Manner of holding trial, two-thirds of the Senators
Elections for Senators and Representatives, shall be must vote to remove the person
prescribed in each State by the Legislature thereof; from office. The Senate has
but the Congress may at any time by Law make or conducted only sixteen
alter such Regulations, except as to the Places of impeachment trials. Two have
choosing Senators. been of presidents: Andrew
Johnson in 1868 and Bill Clinton
The Congress shall assemble at least once in every in 1998. Neither was convicted.
Year, and such Meeting shall, unless they shall by
Sections 4 and 5 During the
Law appoint a different Day. colonial period, governors had
Section 5 Each House shall be the Judge of the the power to hold or postpone
Elections, Returns and Qualifications of its own elections, and the British
Members, and a Majority of each shall constitute a Parliament could forbid colonial
Quorum to do Business; but a smaller Number may assemblies from meeting. To
avoid these abuses, the
adjourn from day to day, and may be authorized to
Constitutions framers gave the
compel the Attendance of absent Members, in such House and the Senate power to
Manner, and under such Penalties as each House make their own rules and judge
may provide. the qualifications of their
Each House may determine the Rules of its members.
Proceedings, punish its Members for disorderly Section 6 Members of Congress
Behavior, and, with the Concurrence of two thirds, are protected from being
expel a Member. arrested on false charges
brought by political foes trying
Each House shall keep a Journal of its Proceedings, to prevent them from attending
and from time to time publish the same, excepting a meeting or voting. It also
such Parts as may in their Judgment require Secrecy; encourages the free expression
and the Yeas and Nays of the Members of either of ideas during Congressional
House on any question shall, at the Desire of one debates. It guarantees that
fifth of those Present, be entered on the Journal. nothing an official says in
Congress can be cause for
Neither House, during the Session of Congress, shall, taking that official to court.
without the Consent of the other, adjourn for more
than three days, nor to any other Place than that in
which the two Houses shall be sitting.
Section 6 The Senators and Representatives shall
receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of
11
the United States. They shall in all Cases, except

Treason, Felony and Breach of the Peace, be privileged Section 7 In an effort to
balance power between
from Arrest during their Attendance at the Session of
Congress and the president, the
their respective Houses, and in going to and returning
Constitution gives the Congress
from the same; and for any Speech or Debate in the right to override a
either House, they shall not be questioned in any presidential veto, if two-thirds of
other Place. the members of both houses of
No Senator or Representative shall, during the Time Congress vote to do so. Read
for which he was elected, be appointed to any civil about the three branches of
government in The Separation
Office under the Authority of the United States, which
of Powers, by Baron de
shall have been created, or the Emoluments whereof Montesquieu, pages 7477.
shall have been increased during such time; and no
Person holding any Office under the United States, Not until 1866 did Congress
override a presidential veto on a
shall be a Member of either House during his
major bill. In 1866, the year
Continuance in Office.
following the end of the Civil
Section 7 All Bills for raising Revenue shall originate War, President Andrew Johnson
in the House of Representatives; but the Senate may vetoed a bill to extend the
propose or concur with Amendments as on other Bills. powers of a government agency
charged with helping recently
Every Bill which shall have passed the House of freed slaves. He also vetoed a bill
Representatives and the Senate, shall, before it that gave full civil rights to all
become a Law, be presented to the President of the citizens without regard to race.
United States: If he approve he shall sign it, but if not Congress overrode both vetoes,
he shall return it, with his Objections to that House in and the bills became laws.
which it shall have originated, who shall enter the
Objections at large on their Journal, and proceed to
reconsider it. If after such Reconsideration two thirds
of that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other House,
by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become
a Law. But in all such Cases the Votes of both Houses
shall be determined by yeas and Nays, and the
Names of the Persons voting for and against the Bill
shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it
shall have been presented to him, the Same shall be a
Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in
which Case it shall not be a Law.
12
Every Order, Resolution, or Vote to which the

Concurrence of the Senate and House of
Representatives may be necessary (except
on a question of Adjournment) shall be
presented to the President of the United
States; and before the Same shall take Effect,
shall be approved by him, or being
disapproved by him, shall be repassed by
two thirds of the Senate and House of
Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section 8 The Congress shall have Power
To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the
common Defense and general Welfare of the
United States; but all Duties, Imposts and
Excises shall be uniform throughout the
United States;
To borrow Money on the credit of the
United States;
Section 8 First among
To regulate Commerce with foreign Nations, and Congresss powers is the one
among the several States, and with the Indian Tribes; that caused the thirteen colonies
To establish an uniform Rule of Naturalization, and so much trouble with Great
uniform Laws on the subject of Bankruptcies Britain: the power to tax. Other
throughout the United States; powers are clearly specified,
except for the last one, which is
To coin Money, regulate the Value thereof, and of general. It is known as the
foreign Coin, and fix the Standard of Weights and elastic clause because it stretches
Measures; to allow the government to take
actions to carry out its duties.
To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States; In 1791, Congress used the
elastic clause to create a national
To establish Post Offices and post Roads; bank. In 1865, Congress used
To promote the Progress of Science and useful Arts, the elastic clause to establish a
by securing for limited Times to Authors and Freedmens Bureau to help the
newly freed slaves. Read more
Inventors the exclusive Right to their respective
about federal power in Needy
Writings and Discoveries;
Students Need Aid, by Esther
To constitute Tribunals inferior to the supreme Court; Cepeda, pages 122123, and in
Fat Cat Universities Dont Need
To define and punish Piracies and Felonies committed
Aid, by Jason Mattera,
on the high Seas, and Offences against the Law of pages 124126.
Nations;
13
To declare War, grant Letters of Marque and

Reprisal, and make Rules concerning Captures on
Land and Water;
To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than
two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of
the land and naval Forces;
To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and
repel Invasions;
To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as
may be employed in the Service of the United
States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of
training the Militia according to the discipline
prescribed by Congress; Section 9 The words
Importation of such Persons
To exercise exclusive Legislation in all Cases
refers to bringing enslaved
whatsoever, over such District (not exceeding ten Africans into the country. While
Miles square) as may, by Cession of particular many people objected to the
States, and the Acceptance of Congress, become the inhumane conditions of the slave
Seat of the Government of the United States, and to trade, many feared that South
exercise like Authority over all Places purchased by Carolina and Georgia would
the Consent of the Legislature of the State in which leave the Union if the
the Same shall be, for the Erection of Forts, importation of enslaved workers
Magazines, Arsenals, dock-Yards, and other needful was stopped in 1788. They
Buildings;And settled on the year 1808.
However, illegal importation
To make all Laws which shall be necessary and continued until the Civil War.
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.
Section 9 The Migration or Importation of such
Persons as any of the States now existing shall think
proper to admit, shall not be prohibited by the
Congress prior to the Year one thousand eight
hundred and eight, but a Tax or duty may be
imposed on such Importation, not exceeding ten
dollars for each Person.
14
The Privilege of the Writ of Habeas Corpus shall not

be suspended, unless when in Cases of Rebellion or Habeas corpus in Latin means
Invasion the public Safety may require it. you may have the body
(person). Those were originally
No Bill of Attainder or ex post facto Law shall be the first words of the writ, or
passed. written legal document, that
No Capitation, or other direct, Tax shall be laid, requires law officers to bring an
unless in Proportion to the Census or enumeration arrested person before a court to
decide if the arrest is justified.
herein before directed to be taken.
This clause in the Constitution
No Tax or Duty shall be laid on Articles exported guarantees that people cannot
from any State. be held in jail without cause.
No Preference shall be given by any Regulation of A bill of attainder is a legislative
Commerce or Revenue to the Ports of one State act that takes away the civil
over those of another; nor shall Vessels bound to, or rights or property of someone
from, one State, be obliged to enter, clear, or pay accused of a crime without
a trial.
Duties in another.
An ex post facto law
No Money shall be drawn from the Treasury, declares illegal an
but in Consequence of Appropriations made action that was
by Law; and a regular Statement and Account legal when it
of the Receipts and Expenditures of all happened.
public Money shall be published from time
Section 10 In
to time. reaction to
No Title of Nobility shall be granted by the the problems
United States: And no Person holding any caused by the
Office of Profit or Trust under them, shall, weaknesses of
without the Consent of the Congress, accept the Articles of
Confederation,
of any present, Emolument, Office, or Title, of
delegates
any kind whatever, from any King, Prince, or identified actions
foreign State. that individual
James Madison
Section 10 No State shall enter into any Treaty, states could not
Alliance, or Confederation; grant Letters of Marque do. Read about the arguments
and Reprisal; coin Money; emit Bills of Credit; make for and against a strong federal
government in The Federalist
any Thing but gold and silver Coin a Tender in
Papers, by James Madison,
Payment of Debts; pass any Bill of Attainder, ex
pages 8489, and in Objections
post facto Law, or Law impairing the Obligation of to the Constitution, by George
Contracts, or grant any Title of Nobility. Mason, pages 9093.
No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports,
except what may be absolutely necessary for
executing [its] inspection Laws: and the net Produce
15
of all Duties and Imposts, laid by any State on

Imports or Exports, shall be for the Use of the Article II The Executive
Treasury of the United States; and all such Laws Section 1 The new government
shall be subject to the Revision and Control of needed a chief executive. The
the Congress. old one, the Confederation, had
none. The one before that, the
No State shall, without the Consent of Congress, lay
British Empire, had a king. The
any Duty of Tonnage, keep Troops, or Ships of War in framers knew that neither of
time of Peace, enter into any Agreement or Compact these types of government
with another State, or with a foreign Power, or would serve as a model. The
engage in War, unless actually invaded, or in such Constitutional Convention had a
imminent Danger as will not admit of delay. president, George Washington.
The title Presidentone who
Article II presidessounded promising.
Section 1 The executive Power shall be vested in a The electors (here the word
President of the United States of America. He shall means the person appointed to
hold his Office during the Term of four Years, and, vote for the president in the
together with the Vice President, chosen for the electoral college) chosen in each
same Term, be elected, as follows: state meet and cast their votes
for a president.
Each State shall appoint, in such Manner as the
The framers of the Constitution
Legislature thereof may direct, a Number of Electors,
decided that when the votes
equal to the whole Number of Senators and were counted, the person with
Representatives to which the State may be entitled in the second highest number of
the Congress: but no Senator or Representative, or votes would become vice
Person holding an Office of Trust or Profit under the president. There were no
United States, shall be appointed an Elector. organized political parties in
1787. The delegates to the
The Congress may determine the Time of choosing
Convention, like other
the Electors, and the Day on which they shall give Americans of their day, disliked
their Votes; which Day shall be the same throughout the idea of a political party. To
the United States. them it meant a special interest
No Person except a natural born Citizen, or a Citizen group that tried to seize power.
of the United States, at the time of the Adoption of Read about the electoral college
system in Latinos Remake the
this Constitution, shall be eligible to the Office of
Electoral Map, by Henry Flores,
President; neither shall any Person be eligible to that
pages 114116.
Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident
within the United States.
The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be
increased nor diminished during the Period for which
he shall have been elected, and he shall not receive
within that Period any other Emolument from the
United States, or any of them.
16
Before he enter on the Execution of his Office, he

shall take the following Oath or Affirmation:--"I do Section 2 The president, as the
solemnly swear (or affirm) that I will faithfully commander in chief of the
execute the Office of President of the United States, military, outranks all the military
leaders. However, he cannot
and will to the best of my Ability, preserve, protect
declare war. Only Congress can
and defend the Constitution of the United States." do that (see Article I, Section 8).
Section 2 The President shall be Commander in Read about the debate over the
Chief of the Army and Navy of the United States, and presidents powers as
of the Militia of the several States, when called into commander in chief in When Is
the actual Service of the United States; he may Bombing Constitutional? by
Ta-Nehisi Coates and
require the Opinion, in writing, of the principal
contributors to his blog,
Officer in each of the executive Departments, upon
pages 7883.
any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves Section 3 The presidents
and Pardons for Offences against the United States, annual State of the Union
speech to Congress (and to the
except in Cases of Impeachment.
nation on television) has become
He shall have Power, by and with the Advice and a national tradition. The
Consent of the Senate, to make Treaties, provided Constitution does not require a
two thirds of the Senators present concur; and he speech, but the president must
shall nominate, and by and with the Advice and report to Congress.
Consent of the Senate, shall appoint
Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all
other Officers of the United States, whose
Appointments are not herein otherwise
provided for, and which shall be established by
Law: but the Congress may by Law vest the
Appointment of such inferior Officers, as they
think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all
Vacancies that may happen during the Recess
of the Senate, by granting Commissions which
shall expire at the End of their next Session.
Section 3 He shall from time to time give to
the Congress Information of the State of the
Union, and recommend to their Consideration
Barack Obama
such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case
of Disagreement between them, with Respect to the
Time of Adjournment, he may adjourn them to such
17
Time as he shall think proper; he shall receive

Ambassadors and other public Ministers; he shall take Section 4 An impeachment is
Care that the Laws be faithfully executed, and shall an accusation. An individual who
Commission all the Officers of the United States. is impeached is removed from
office only if convicted.
Section 4 The President, Vice President and all civil
Officers of the United States, shall be removed from Article III The Judiciary
Office on Impeachment for, and Conviction of, Section 1 Federal judges hold
Treason, Bribery, or other high Crimes and their appointments during good
Misdemeanors. behavior. That is, unless they
commit a serious offense, they
Article III cannot be removed from office.
Section 1 The judicial Power of the United States Their salaries cannot be
reduced, either.
shall be vested in one supreme Court, and in such
inferior Courts as the Congress may from time to Section 2 Cases in law and
time ordain and establish. The Judges, both of the equity means all legal matters
supreme and inferior Courts, shall hold their Offices covered either by laws enacted
during good Behavior, and shall, at stated Times, by Congress or by overriding
principles of natural law.
receive for their Services a Compensation, which shall
not be diminished during their Continuance in Office. The Supreme Court has the
power to declare a law
Section 2 The judicial Power shall extend to all unconstitutional. This gives the
Cases, in Law and Equity, arising under this judiciary branch power to check
Constitution, the Laws of the United States, and the legislative branch and the
Treaties made, or which shall be made, under their executive branch.
Authority;to all Cases affecting Ambassadors, Appellate jurisdiction means that
other public Ministers and Consuls;to all Cases of the Supreme Court has the
admiralty and maritime Jurisdiction;to power to rule on cases from
Controversies to which the United States shall be a lower courts.
Party;to Controversies between two or more
States;between a State and Citizens of another
State,between Citizens of different States,
between Citizens of the same State claiming Lands
under Grants of different States, and between a
State, or the Citizens thereof, and foreign States,
Citizens or Subjects.
In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State
shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned,
the supreme Court shall have appellate Jurisdiction,
both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
18
The Trial of all Crimes, except in Cases of

Impeachment, shall be by Jury; and such Trial shall Section 3 Treason was a capital
be held in the State where the said Crimes shall have offense, one punishable by
death, in England and in
been committed; but when not committed within
America during the Revolution.
any State, the Trial shall be at such Place or Places as The Supreme Court has the
the Congress may by Law have directed. power to decide how to punish
Section 3 Treason against the United States, shall treason. A convicted persons
consist only in levying War against them, or in relative, or the property of the
adhering to their Enemies, giving them Aid and convicted after his or her death,
cannot be involved in any
Comfort. No Person shall be convicted of Treason
punishment.
unless on the Testimony of two Witnesses to the
same overt Act, or on Confession in open Court. In 1806, former Vice President
Aaron Burr was accused of
The Congress shall have Power to declare the conspiring with Spain to
Punishment of Treason, but no Attainder of Treason separate Louisiana from the
shall work Corruption of Blood, or Forfeiture except United States and create a new
during the Life of the Person attainted. nation. He was tried for treason.
Chief Justice John Marshall, who
Article IV presided at the trial, held to the
Section 1 Full Faith and Credit shall be given in Constitutions definition of
treason as waging war or joining
each State to the public Acts, Records, and judicial
with the enemies of the United
Proceedings of every other State. And the Congress States. Using this definition, the
may by general Laws prescribe the Manner in which court acquitted Burr.
such Acts, Records and Proceedings shall be proved,
and the Effect thereof. Article IV The States
Section 2 The Citizens of each State shall be Section 1 Full faith and credit
entitled to all Privileges and Immunities of Citizens means that each states laws and
in the several States. court rulings must be recognized
as legal in every other state.
A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be Section 2 Citizenship in the
United States is broader than
found in another State, shall on Demand of the
state lines; all its rights and
executive Authority of the State from which he fled, privileges go with an individual
be delivered up, to be removed to the State having who moves from state to state.
Jurisdiction of the Crime.
The last clause was a way of
Section 3 New States may be admitted by the dealing with runaways fleeing
Congress into this Union; but no new State shall be from slavery. Such persons could
formed or erected within the Jurisdiction of any not become free, even if they
other State; nor any State be formed by the Junction escaped to a free state. They
of two or more States, or Parts of States, without the had to be returned to the state
Consent of the Legislatures of the States concerned from which they came.
as well as of the Congress. Section 3 Congress may admit
new states.
19
The Congress shall have Power to dispose of and

make all needful Rules and Regulations respecting Section 4 States can request
the Territory or other Property belonging to the federal help in keeping order.
United States; and nothing in this Constitution shall
Article V Amendments
be so construed as to Prejudice any Claims of the
United States, or of any particular State. Originally, part of this article
indirectly protected slavery. It
Section 4 The United States shall guarantee to forbade any amendments that
every State in this Union a Republican Form of would change the first and
Government, and shall protect each of them against fourth parts of Article 1,
Invasion; and on Application of the Legislature, or of Section 9, before 1808 and the
the Executive (when the Legislature cannot be end of the African slave trade.
convened), against domestic Violence. For a document written in
1787, the Constitution has had
Article V relatively few amendments.
The Congress, whenever two thirds of both Houses Many state constitutions have
shall deem it necessary, shall propose Amendments had far more. For example, the
to this Constitution, or, on the Application of the state constitution of Texas,
written in 1876, has had over
Legislatures of two thirds of the several States, shall
460 amendments. Read about
call a Convention for proposing Amendments, which,
how people today view the
in either Case, shall be valid to all Intents and Constitution in Reverence for
Purposes, as Part of this Constitution, when ratified the Constitution, by Jill Lepore,
by the Legislatures of three fourths of the several pages 129132.
States, or by Conventions in three fourths thereof, as
the one or the other Mode of Ratification may be Article VI Supremacy
proposed by the Congress; Provided that no Debts, such as money borrowed
Amendment which may be made prior to the Year by the previous government
One thousand eight hundred and eight shall in any during the Confederation
Manner affect the first and fourth Clauses in the period, would still be honored
Ninth Section of the first Article; and that no State, and would be paid by the new
without its Consent, shall be deprived of its equal federal government.
Suffrage in the Senate. This clause makes the
Constitution the supreme Law
Article VI of the Land: all states and
All Debts contracted and Engagements entered into, people must obey it.
before the Adoption of this Constitution, shall be as All federal and state officials
valid against the United States under this must swear to uphold the
Constitution, as under the Confederation. Constitution. However, no
religious test is required. Office
This Constitution, and the Laws of the United States holders are free to believe in any
which shall be made in Pursuance thereof; and all religious faith they choose, or
Treaties made, or which shall be made, under the none at all.
Authority of the United States, shall be the supreme
Law of the Land; and the Judges in every State shall
be bound thereby, any Thing in the Constitution or
20
Laws of any State to the Contrary notwithstanding.

Article VII Ratification
The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, The framers of the Constitution
and all executive and judicial Officers, both of the knew that their proposed
United States and of the several States, shall be document was controversial, so
getting ratification, or approval,
bound by Oath or Affirmation, to support this
would be difficult. Of the 55
Constitution; but no religious Test shall ever be members of the convention, only
required as a Qualification to any Office or public 39 signed the finished
Trust under the United States. documents on September 17,
1787. Some went home
Article VII determined to oppose it. Those
The Ratification of the Conventions of nine States, who remained wanted to make
shall be sufficient for the Establishment of this it appear that the Constitution
Constitution between the States so ratifying the Same. was supported by all the
delegates. Gouverneur Morris,
Attest William Jackson Secretary the chair of the committee to
[D]one in Convention by the Unanimous Consent of draw up the final version for
signing, wrote, done in
the States present the Seventeenth Day of September
Convention, by the unanimous
in the Year of our Lord one thousand seven hundred
consent of the states present.
and Eighty seven and of the Independence of the Read about what the signers of
United States of America the Twelfth In witness the Constitution might say today
whereof We have hereunto subscribed our Names, in What Would the Founders
G. Washington Do? by Richard Brookhiser,
Presidt and deputy from Virginia pages 98101.
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
George Washington
Hu Williamson
21
South Carolina
J. Rutledge To get even nine of the thirteen
states to ratify would be a
Charles Cotesworth Pinckney
struggle. However, the
Charles Pinckney supporters of the Constitution,
Pierce Butler the Federalists, decided to give
Georgia the document to the people
William Few themselvesnot the state
Abr Baldwin legislaturesto ratify. Each state
would hold a special election to
New Hampshire choose delegates to a ratification
John Langdon convention. That way the new
Nicholas Gilman Constitution would really
represent the will of the
Massachusetts People.
Nathaniel Gorham
Rufus King Amendment I
Connecticut Ratified 1791 This amendment
Wm. Saml. Johnson protects five of the fundamental
Roger Sherman freedoms in a republic: religion,
speech, press, assembly, and
New York petition. Read about the
Alexander Hamilton importance of freedoms to the
New Jersey Founders in Give Me Liberty or
Wil: Livingston Give Me Death! by Patrick
David Brearley Henry, pages 5558. Read about
how people view the First
Wm. Paterson
Amendment today in
Jona: Dayton
Americans View Basic
Pennsylvania Freedoms, by the First
B Franklin Amendment Center,
Thomas Mifflin pages 127128. Read about
Robt. Morris religion in American history in
Geo. Clymer "Religious Tolerance in America,
by Richard Rodriguez,
Thos. FitzSimons
pages 5254.
Jared Ingersoll
James Wilson
Gouv Morris
Amendment I
Congress shall make no law respecting 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 peaceably
to assemble, and to petition the Government for a
redress of grievances.
22
Amendment II
Amendment II
A well regulated Militia, being necessary to the
Ratified 1791 The meaning of
security of a free State, the right of the people to
this amendment, particularly the
keep and bear Arms, shall not be infringed.
first few words, remains hotly
contested today.
Amendment III
No Soldier shall, in time of peace be quartered Amendment III
in any house, without the consent of the Owner, Ratified 1791 This is the only
nor in time of war, but in a manner to be amendment in the Bill of Rights
prescribed by law. that has little impact today.
Amendment IV Amendment IV
The right of the people to be secure in their Ratified 1791 This amendment
persons, houses, papers, and effects, against protects individual privacy by
unreasonable searches and seizures, shall not be identifying the conditions under
violated, and no Warrants shall issue, but upon which agents of the government
probable cause, supported by Oath or can enter a person's house.
affirmation, and particularly describing the
Amendment V
place to be searched, and the persons or things
to be seized. Ratified 1791 This amendment
limits how the government can
Amendment V use its authority to try
individuals.
No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury,
except in cases arising in the land or naval
forces, or in the Militia, when in actual service in
time of War or public danger; nor shall any
person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall
private property be taken for public use, without
just compensation.
23
Amendment VI
Amendment VI
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial Ratified 1791 By protecting the
jury of the State and district wherein the crime shall rights of individuals accused of
crimes, this amendment
have been committed, which district shall have been
attempts to protect the rights of
previously ascertained by law, and to be informed of all citizens.
the nature and cause of the accusation; to be
confronted with the witnesses against him; to have Amendment VII
compulsory process for obtaining witnesses in his
Ratified 1791 This amendment
favor, and to have the Assistance of Counsel for his protects the right of individuals
defence. to have trials in disputes with
others that do not violate
Amendment VII criminal laws.
In Suits at common law, where the value in
controversy shall exceed twenty dollars, the right of Amendment VIII
trial by jury shall be preserved, and no fact tried by a Ratified 1791 One of the
jury, shall be otherwise re-examined in any Court of shortest amendments, this one
the United States, than according to the rules of the bans arbitrary and inhuman
common law. actions by the government.
Amendment VIII Amendment IX

Excessive bail shall not be required, nor excessive Ratified 1791 This amendment
states people have additional
fines imposed, nor cruel and unusual punishments
rights to those listed in the
inflicted.
Constitution.
Amendment IX Amendment X
The enumeration in the Constitution, of certain Ratified 1791 This amendment
rights, shall not be construed to deny or disparage states that the people or the
others retained by the people. states have rights not expressly
given to the federal government
Amendment X nor clearly denied to the states.
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are Amendment XI
reserved to the States respectively, or to the people. Ratified 1798 Lawsuits brought
against one of the states by
Amendment XI citizens of another state, or by
foreigners do not come under
Note: Article III, Section 2, of the Constitution was
the jurisdiction of federal courts.
modified by Amendment 11. Many people believed that the
The Judicial power of the United States shall not be states would lose power if a
construed to extend to any suit in law or equity, state could be sued in a federal
commenced or prosecuted against one of the United court. The Eleventh Amendment
States by Citizens of another State, or by Citizens or prevented that.
Subjects of any Foreign State.
24
Amendment XII
Note: A portion of Article II, Section 1, of
the Constitution was superseded by
Amendment 12.
The Electors shall meet in their respective states
and vote by ballot for President and Vice-
President, one of whom, at least, shall not be an
inhabitant of the same state with themselves;
they shall name in their ballots the person voted
for as President, and in distinct ballots the
person voted for as Vice-President, and they
shall make distinct lists of all persons voted for
as President, and of all persons voted for as
Vice-President, and of the number of votes for
each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of
the United States, directed to the President of
the Senate;the President of the Senate shall, in
the presence of the Senate and House of
Representatives, open all the certificates and the
votes shall then be counted;The person having
the greatest number of votes for President, shall
be the President, if such number be a majority
of the whole number of Electors appointed; and Amendment XII
if no person have such majority, then from the
Ratified 1804 When Jefferson
persons having the highest numbers not exceeding
and Burr tied in the vote for
three on the list of those voted for as President,
president in 1800, the House of
the House of Representatives shall choose Representatives had to decide
immediately, by ballot, the President. But in who would be president.
choosing the President, the votes shall be taken by Jefferson won and Burr, his
states, the representation from each state having political rival, became vice
one vote; a quorum for this purpose shall consist president. To prevent this
of a member or members from two-thirds of the awkward situation from
states, and a majority of all the states shall be happening again, the procedure
necessary to a choice. [And if the House of for electing the president and
Representatives shall not choose a President vice president was changed. By
1800, organized political parties
whenever the right of choice shall devolve upon
were active, as they had not
them, before the fourth day of March next
been when the Constitution
following, then the Vice-President shall act as was written.
President, as in case of the death or other
constitutional disability of the President.]* The
person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such
number be a majority of the whole number of
25
Electors appointed, and if no person have a majority,

then from the two highest numbers on the list, the Amendment XIII
Senate shall choose the Vice-President; a quorum for Ratified 1865 After the Civil
the purpose shall consist of two-thirds of the whole War, the Thirteenth Amendment
number of Senators, and a majority of the whole set free nearly 4 million enslaved
number shall be necessary to a choice. But no person African Americans in the South.
constitutionally ineligible to the office of President Now they could be counted as
shall be eligible to that of Vice-President of the whole persons, not three-fifths
United States. of a person as they had been
under Article I, Section 2, of the
*Superseded by Section 3 of the 20th Amendment. Constitution.
Amendment XIII Amendment XIV

Note: A portion of Article IV, Section 2, of the Ratified 1868 This amendment
Constitution was superseded by Amendment 13. gave full citizenship rights to the
newly freed African Americans.
Section 1 Neither slavery nor involuntary servitude, When it was first introduced in
except as a punishment for crime whereof the party 1866, only Tennessee, of the
shall have been duly convicted, shall exist within the 11 former states of the
United States, or any place subject to their jurisdiction. Confederacy, ratified it. Since
Section 2 Congress shall have power to enforce this there were 36 states at the time,
the amendment needed the
article by appropriate legislation.
approval of three-fourths, or 27,
Amendment XIV of the states. If all the other
Confederate states refused to
Note: Article I, Section 2, of the Constitution was ratify it, the amendment would
modified by Section 2 of the 14th Amendment. not pass. To ensure its passage,
Congress required the former
Section 1 All persons born or naturalized in the
slave states to ratify the
United States, and subject to the jurisdiction thereof,
Fourteenth and Fifteenth
are citizens of the United States and of the State Amendments in order to be
wherein they reside. No State shall make or enforce readmitted to the Union.
any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of
the laws.
Section 2 Representatives shall be apportioned
among the several States according to their respective
numbers, counting the whole number of persons in
each State, excluding Indians not taxed. But when the
right to vote at any election for the choice of electors
for President and Vice-President of the United States,
Representatives in Congress, the Executive and Judicial
officers of a State, or the members of the Legislature
26
thereof, is denied to any of the male inhabitants of

such State, being twenty-one years of age,* and Amendment XV
citizens of the United States, or in any way abridged, Ratified 1870 This brief
except for participation in rebellion, or other crime, amendment gave voting rights
the basis of representation therein shall be reduced in to all citizens, including African
the proportion which the number of such male citizens Americans and other persons of
shall bear to the whole number of male citizens color.
twenty-one years of age in such State. However, it did not give voting
rights to women. As a result of
*Changed by Section 1 of the 26th Amendment.
this, it made some womens
Section 3 No person shall be a Senator or rights supporters angry.
Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military,
under the United States, or under any State, who,
having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a
member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort
to the enemies thereof. But Congress may by a vote of
two-thirds of each House, remove such disability.
Section 4 The validity of the public debt of the
United States, authorized by law, including debts
incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against the
United States, or any claim for the loss or
emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
Section 5 The Congress shall have the power to
enforce, by appropriate legislation, the provisions of
this article.
Amendment XV
Section 1 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.
27
Section 2 The Congress shall have the power to

enforce this article by appropriate legislation. Amendment XVI
Ratified 1913 By the early
Amendment XVI 1900s, a changing American
Note: Article I, Section 9, of the Constitution was economy and society and the
modified by Amendment 16. rise of huge personal fortunes
brought forth the income tax. A
The Congress shall have power to lay and collect Constitutional amendment was
taxes on incomes, from whatever source derived, needed to overrule a Supreme
without apportionment among the several States, Court decision that a personal
and without regard to any census or enumeration. income tax was unconstitutional.
The income tax would distribute
Amendment XVII wealth more evenly for the
Note: Article I, Section 3, of the Constitution was benefit of all citizens. The
federal government would have
modified by the 17th Amendment.
more revenue to pay the
The Senate of the United States shall be composed growing costs of governing an
of two Senators from each State, elected by the industrial, urban nation.
people thereof, for six years; and each Senator shall
have one vote. The electors in each State shall have Amendment XVII
the qualifications requisite for electors of the most Ratified 1913 In a growing
numerous branch of the State legislatures. democracy with a growing
population, direct election of
When vacancies happen in the representation of any Senators gave the people more
State in the Senate, the executive authority of such voice in their national
State shall issue writs of election to fill such government.
vacancies: Provided, That the legislature of any State
may empower the executive thereof to make Amendment XVIII
temporary appointments until the people fill the Ratified 1919 This amendment
vacancies by election as the legislature may direct. outlawed the manufacture or
This amendment shall not be so construed as to sale of alcoholic beverages. This
amendment was not successful.
affect the election or term of any Senator chosen
In 1933, it became the only
before it becomes valid as part of the Constitution.
Constitutional amendment to be
repealed.
Amendment XVIII
Section 1 After one year from the ratification of
this article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof
into, or the exportation thereof from the United
States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
Section 2 The Congress and the several States shall
have concurrent power to enforce this article by
appropriate legislation.
28
Section 3 This article shall be inoperative unless

it shall have been ratified as an amendment to the
Constitution by the legislatures of the several
States, as provided in the Constitution, within
seven years from the date of the submission
hereof to the States by the Congress.
Amendment XIX
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 sex.
Congress shall have power to enforce this article
by appropriate legislation.
Amendment XX
Note: Article I, Section 4, of the Constitution was
modified by Section 2 of this amendment. In
addition, a portion of the 12th Amendment was Amendment XIX
superseded by Section 3.
Ratified 1920 Women, who
Section 1 The terms of the President and the Vice had first asked for the vote in
President shall end at noon on the 20th day of 1848, finally achieved their goal.
January, and the terms of Senators and
Representatives at noon on the 3d day of January, of Amendment XX
the years in which such terms would have ended if Ratified 1933 This amendment
this article had not been ratified; and the terms of shortened the time between
their successors shall then begin. elections of the president and
members of Congress and the
Section 2 The Congress shall assemble at least once day they take office. The first
in every year, and such meeting shall begin at noon Congress met March 4, 1789,
on the 3d day of January, unless they shall by law and George Washington was
appoint a different day. inaugurated on April 30 of the
Section 3 If, at the time fixed for the beginning of year. In future elections, new
members of Congress and new
the term of the President, the President elect shall
presidents, elected in November,
have died, the Vice President elect shall become
did not take office until March
President. If a President shall not have been chosen of the following year. That
before the time fixed for the beginning of his term, meant the outgoing officials
or if the President elect shall have failed to qualify, whose terms had ended or who
then the Vice President elect shall act as President were not reelected had several
until a President shall have qualified; and the months left to serve but not
Congress may by law provide for the case wherein much influence. They became
neither a President elect nor a Vice President shall known as lame ducks because
have qualified, declaring who shall then act as they had little power. Lame
President, or the manner in which one who is to act
29
shall be selected, and such person shall act

accordingly until a President or Vice President shall duck was an old expression
have qualified. used in England. Originally it
referred to a stock speculator
Section 4 The Congress may by law provide for the who could not pay his debts,
case of the death of any of the persons from whom and later, any helpless person.
the House of Representatives may choose a
President whenever the right of choice shall have
Amendment XXI
devolved upon them, and for the case of the death of This amendment repealed
any of the persons from whom the Senate may prohibition.
choose a Vice President whenever the right of choice
Amendment XXII
shall have devolved upon them.
Since President Franklin Delano
Section 5 Sections 1 and 2 shall take effect on the Roosevelt had been elected to
15th day of October following the ratification of this four consecutive terms, from
article. 1932 to 1944, many people felt
Section 6 This article shall be inoperative unless it it would be wise to limit a
shall have been ratified as an amendment to the president to two terms.
Constitution by the legislatures of three-fourths of the
several States within seven years from the date of its
submission.
Amendment XXI
Section 1 The eighteenth article of amendment to
the Constitution of the United States is hereby
repealed.
Section 2 The transportation or importation into
any State, Territory, or Possession of the United
States for delivery or use therein of intoxicating
liquors, in violation of the laws thereof, is hereby
prohibited.
Section 3 This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by conventions in the several States,
as provided in the Constitution, within seven years
from the date of the submission hereof to the
States by the Congress.
Amendment XXII
Section 1 No person shall be elected to the office
of the President more than twice, and no person
who has held the office of President, or acted as Franklin Delano Roosevelt
President, for more than two years of a term to
30
which some other person was elected President shall

be elected to the office of President more than once. Amendment XXIII
But this Article shall not apply to any person holding The District of Columbia had
the office of President when this Article was grown in population over the
proposed by Congress, and shall not prevent any years. However, since it was not
person who may be holding the office of President, a state, its citizens had no way
or acting as President, during the term within which to participate in the electoral
college that elects the president.
this Article becomes operative from holding the
This amendment gave people
office of President or acting as President during the who live and work in the
remainder of such term. nations capital a voice in
Section 2 This article shall be inoperative unless it national elections.
shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the Amendment XXIV
several States within seven years from the date of its Requiring the payment of a poll
submission to the States by the Congress. tax in order to vote was one way
Southern states tried to keep
Amendment XXIII African Americans from voting.
Many African Americans could
Section 1 The District constituting the seat of not afford to pay such a tax.
Government of the United States shall appoint in
such manner as Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and
Representatives in Congress to which the District
would be entitled if it were a State, but in no event
more than the least populous State; they shall be in
addition to those appointed by the States, but they
shall be considered, for the purposes of the election
of President and Vice President, to be electors
appointed by a State; and they shall meet in the
District and perform such duties as provided by the
twelfth article of amendment.
Section 2 The Congress shall have power to enforce
this article by appropriate legislation.
Amendment XXIV
Section 1 The right of citizens of the United States
to vote in any primary or other election for President
or Vice President, for electors for President or Vice
President, or for Senator or Representative in
Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay
poll tax or other tax.
31
Section 2 The Congress shall have power to enforce

Amendment XXV
this article by appropriate legislation.
After the assassination of
Amendment XXV President John F. Kennedy in
1963, the manner of succession
Note: Article II, Section 1, of the Constitution was by the vice president to the
affected by the 25th Amendment. presidency was spelled out.
Section 1 In case of the removal of the President
from office or of his death or resignation, the Vice
President shall become President.
Section 2 Whenever there is a vacancy in the
office of the Vice President, the President shall
nominate a Vice President who shall take office
upon confirmation by a majority vote of both
Houses of Congress.
Section 3 Whenever the President transmits to the
President pro tempore of the Senate and the Speaker
of the House of Representatives his written
declaration that he is unable to discharge the powers
and duties of his office, and until he transmits to
them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice
President as Acting President.
Section 4 Whenever the Vice President and a
majority of either the principal officers of the
executive departments or of such other body as
Congress may by law provide, transmit to the
of the House of Representatives their written
declaration that the President is unable to discharge
the powers and duties of his office, the Vice
President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the President transmits to the
of the House of Representatives his written
declaration that no inability exists, he shall resume
the powers and duties of his office unless the Vice
President and a majority of either the principal John F. Kennedy
officers of the executive department or of such other
32
body as Congress may by law provide, transmit

within four days to the President pro tempore of the Amendment XXVI
Senate and the Speaker of the House of During the Vietnam War, many
Representatives their written declaration that the Americans believed that if
President is unable to discharge the powers and 18-year-olds were old enough to
duties of his office. Thereupon Congress shall decide serve in the military, they were
old enough to vote.
the issue, assembling within forty-eight hours for
that purpose if not in session. If the Congress,
within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in
session, within twenty-one days after Congress is
required to assemble, determines by two-thirds
vote of both Houses that the President is unable
to discharge the powers and duties of his office,
the Vice President shall continue to discharge the
same as Acting President; otherwise, the President
shall resume the powers and duties of his office.
Amendment XXVI
Note: Amendment 14, Section 2, of the
Constitution was modified by Section 1 of the
26th Amendment.
Section 1 The right of citizens of the United
States, who are eighteen years of age or older, to
vote shall not be denied or abridged by the United
States or by any State on account of age.
Section 2 The Congress shall have power to
enforce this article by appropriate legislation.
Amendment XXVII
No law, varying the compensation for the services
of the Senators and Representatives, shall take
effect, until an election of representatives shall
have intervened. Amendment XXVII
Members of Congress can vote
to change the amount of their
salaries. The changes do not
take effect until after the next
election.
33
Concept Vocabulary
You will find the following terms and definitions useful as you read and discuss the
selections in this book.
amendment a change, particularly an addition to or revision of a provision of a legal

document; the U.S. Constitution includes 27 amendments
Anti-Federalist an individual who advocated for a weak confederation after the

American Revolution and opposed ratification of the Constitution; leaders of the Anti-
Federalists included Patrick Henry and George Mason
compact an agreement, often implying one with legal responsibilities
compromise an agreement between opposing groups in which each side agrees to

accept less than it wants
constitution the fundamental principles or laws of a country or state; in the United

States, each state and the federal government has a written constitution, while coun-
tries such as Great Britain have unwritten constitutions
democracy a form of government in which the supreme power resides with the
citizens, who exercise it either directly or through elected representatives
Federalist an individual who supported ratification of the Constitution, as well as the

political party that grew out of this position; leaders included George Washington and
Alexander Hamilton
filibuster an effort in a legislative body to slow down or stop action, often by speaking
without stopping
Founders the group of politicians in the late 1700s and early 1800s who advocated
for independence from Great Britain, wrote the Constitution, and led the government;
the group includes leaders such as George Washington, John Adams, Thomas Jefferson,
James Madison, Alexander Hamilton, and Benjamin Franklin
gerrymander to draw the borders of electoral districts to favor one party or particular
candidates; the word was coined in 1812 from a cartoon that showed the districts of
Massachusetts under Governor Elbridge Gerry resembling a salamander
jury a group of individuals who are responsible for deciding whether an accused
individual is guilty of a crime or has violated the civil code
legitimate based on legal or well-recognized principles, and so deserving of respect
republic a form of government in which the supreme power resides with the citizens
and the leader is elected by the citizens
tyranny a form of government in which the governments power is absolute, arbitrary,

or otherwise oppressive
34
Cluster one
W hat I deas S haped the F ounders ?

JURY FOR TRIAL OF A SHEEPHERDER FOR MURDER 1936 Ernest Leonard Blumenschein
Magna Carta and
Its American Legacy
Magna Carta, or Great Charter, is a landmark document in the

development of jury trials, constitutional government, and belief in
rule by consent of the governed. The original Magna Carta was
written in England in 1215, and then revised in subsequent years. The
following selection is from an article written by the National Archives
and Records Administration for an exhibit that featured a 1297
edition of Magna Carta. The excerpts are from a translation made by
the British Museum of the 1215 version of the document. Spellings
have been changed to match Standard American English.
B efore penning the Declaration of Independencethe first of the

American Charters of Freedomin 1776, the Founding Fathers searched
for a historical precedent for asserting their rightful liberties from King
George III and the English Parliament. They found it in a gathering that
took place 561 years earlier on the plains of Runnymede,1 not far from
where Windsor Castle stands today. There, on June 15, 1215, an assembly
of barons confronted a despotic and cash-strapped King John and
demanded that traditional rights be recognized, written down, confirmed
with the royal seal, and sent to each of the counties to be read to all
freemen. The result was Magna Cartaa momentous achievement for
the English barons and, nearly six centuries later, an inspiration for
angry American colonists.
Magna Carta was the result of the Angevin2 kings disastrous foreign
policy and overzealous financial administration. John had suffered a
staggering blow the previous year, having lost an important battle to King
Philip II at Bouvines3 and with it all hope of regaining the French lands
he had inherited. When the defeated John returned from the Continent,
he attempted to rebuild his coffers by demanding scutage (a fee paid in
1 Runnymede: an area about 20 miles west of London

2 Angevin: the period of English history from 1154 to 1399, named for the Anjou region of
France, the homeland of the monarchs who ruled England
3 Bouvines: a place in northern France, near the border with Belgium
M a g n a C a rta a n d I t s Am e r ic a n L e g a c y 37
We t he P eo pl e
lieu of military service) from the barons who had not joined his war with
Philip. The barons in question, predominantly lords of northern estates,
protested, condemning Johns policies and insisting on a reconfirmation
of Henry Is Coronation Oath (1100), which would, in theory, limit the
kings ability to obtain funds. (As even Henry ignored the provisions of
this charter, however, a reconfirmation would not necessarily guarantee
fewer taxes.) But John refused to withdraw his demands, and by spring
most baronial families began to take sides. The rebelling barons soon
faltered before Johns superior resources, but with the unexpected
capture of London, they earned a substantial bargaining chip. John
agreed to grant a charter.
The document conceded by John and set with his seal in 1215, however,
was not what we know today as Magna Carta but rather a set of baronial
stipulations, now lost, known as the Articles of the barons. After John and
his barons agreed on the final provisions and additional wording changes,
they issued a formal version on June 19, and it is this document that came
to be known as Magna Carta. Of great significance to future generations
was a minor wording change, the replacement of the term any baron
with any freeman in stipulating to whom the provisions applied. Over
time, it would help justify the application of the Charters provisions to a
greater part of the population. While freemen were a minority in
13th-century England, the term would eventually include all English, just as
We the People would come to apply to all Americans in this century.
While Magna Carta would one day become a basic document of the
British Constitution, democracy and universal protection of ancient
liberties were not among the barons goals. The Charter was a feudal
document and meant to
protect the rights and
property of the few
powerful families that
topped the rigidly
structured feudal system.
In fact, the majority of the
population, the thousands
of unfree laborers, are only
mentioned once, in a
clause concerning the use
Marriagesand their economic consequenceswere a major topic in Magna Carta.
38 M a g n a C a rta a n d I t s Am e r ic a n L e g a c y
W hat I dea s S ha p ed the F o under s ?
Jury trials remain one of the most important legacies of Magna Carta.
of court-set fines to punish minor offenses. Magna Cartas primary

purpose was restorative: to force King John to recognize the supremacy
of ancient liberties, to limit his ability to raise funds, and to reassert the
principle of due process. Only a final clause, which created an
enforcement council of tenants-in-chief and clergymen, would have
severely limited the kings power and introduced something new to
English law: the principle of majority rule.
Excerpts from Magna Carta
As might be expected, the text of Magna Carta of 1215 bears many traces of
haste, and is clearly the product of much bargaining and many hands. Most of
its clauses deal with specific, and often long-standing, grievances rather than
with general principles of law.
John, by the grace of God King of England, Lord of Ireland, Duke of

Normandy and Aquitaine, and Count of Anjou, to his archbishops,
bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards,
servants, and to all his officials and loyal subjects, Greeting.
We t he P eo pl e
To all free men of our kingdom we have also granted, for us and our
heirs for ever, all the liberties written out below, to have and to keep for
them and their heirs, of us and our heirs: . . .
When a baron died, he could demand a succession duty or relief (relevium) from
the barons heir. If there was no heir, or if the succession was disputed, the
barons lands could be forfeited or escheated to the Crown. If the heir was
under age, the king could assume the guardianship of his estates, and enjoy all
the profits from themeven to the extent of despoliation4until the heir came
of age.
5. For so long as a guardian has guardianship of such land, he shall

maintain the houses, parks, fish preserves, ponds, mills, and
everything else pertaining to it, from the revenues of the land
itself. When the heir comes of age, he shall restore the whole
land to him, stocked with plow teams and such implements of
husbandry as the season demands and the revenues from the
land can reasonably bear.
The king had the right, if he chose, to sell such a guardianship to the highest
bidder, and to sell the heir himself in marriage for such price as the value of his
estates would command. The widows and daughters of barons might also be
sold in marriage. With their own tenants, the barons could deal similarly.
The scope for extortion and abuse in this system, if it were not benevolently
applied, was obviously great and had been the subject of complaint long before
King John came to the throne. Abuses were, moreover, aggravated by the
difficulty of obtaining redress for them, and in Magna Carta the provision of the
means for obtaining a fair hearing of complaints, not only against the king and
his agents but against lesser feudal lords, achieves corresponding importance.
6. Heirs may be given in marriage, but not to someone of lower

social standing. Before a marriage takes place, it shall be made
known to the heirs next-of-kin.
7. At her husbands death, a widow may have her marriage portion
and inheritance at once and without trouble. She shall pay
nothing for her dower,5 marriage portion, or any inheritance that
she and her husband held jointly on the day of his death. She
4 despoliation: the act of ruining through theft

5 dower: the part of a mans estate that is allotted, after he dies, to his widow
W hat I dea s S ha p ed the F o under s ?
may remain in her husbands house for forty days after his
death, and within this period her dower shall be assigned to her.
8. No widow shall be compelled to marry, so long as she wishes to
remain without a husband. But she must give security that she
will not marry without royal consent, if she holds her lands of
the Crown, or without the consent of whatever other lord she
may hold them of. . . .
In feudal society, the kings barons held their lands in fee (feudum) from the
king, for an oath to him of loyalty and obedience, and with the obligation to
provide him with a fixed number of knights whenever these were required for
military service. At first the barons provided the knights by dividing their estates
(of which the largest and most important were known as honours) into
smaller parcels described as knights fees, which they distributed to tenants
able to serve as knights. But by the time of King John it had become more
convenient and usual for the obligation for service to be commuted for a cash
payment known as scutage, and for the revenue so obtained to be used to
maintain paid armies.
12. No scutage or aid may be levied in our kingdom without its

general consent, unless it is for the ransom of our person, to
make our eldest son a knight, and (once) to marry our eldest
daughter. For these purposes only a reasonable aid may be
levied. Aids from the city of London are to be treated
similarly. . . .
20. For a trivial offense, a free man shall be fined only in proportion
to the degree of his offence, and for a serious offence
correspondingly, but not so heavily as to deprive him of his
livelihood. In the same way, a merchant shall be spared his
merchandise, and a villein the implements of his husbandry, if
they fall upon the mercy of a royal court. None of these fines
shall be imposed except by the assessment on oath of reputable
men of the neighborhood.
21. Earls and barons shall be fined only by their equals, and in
proportion to the gravity of their offense. . . .
38. In future no official shall place a man on trial upon his own
unsupported statement, without producing credible witnesses to
the truth of it.
We t he P eo pl e
39. No free man shall be seized or imprisoned, or stripped of his

rights or possessions, or outlawed or exiled, or deprived of his
standing in any other way, nor will we proceed with force against
him, or send others to do so, except by the lawful judgment of
his equals or by the law of the land.
40. To no one will we sell, to no one deny or delay right or justice. . . .
54. No one shall be arrested or imprisoned on the appeal of a
woman for the death of any person except her husband. . . .
61. Since we have granted all these things for God, for the better
ordering of our kingdom, and to allay the discord that has arisen
between us and our barons, and since we desire that they shall
be enjoyed in their entirety, with lasting strength, for ever, we
give and grant to the barons the following security: The barons
shall elect twenty-five of their number to keep, and cause to be
observed with all their might, the peace and liberties granted and
confirmed to them by this charter. . . .
63. It is accordingly our wish and command that the English Church
shall be free, and that men in our kingdom shall have and keep
all these liberties, rights, and concessions, well and peaceably in
their fullness and entirety for them and their heirs, of us and our
heirs, in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in
good faith and without deceit. Witness the abovementioned people and
many others.
Given by our hand in the meadow that is called Runnymede, between
Windsor and Staines, on the fifteenth day of June in the seventeenth year
of our reign (i.e. 1215: the new regnal year began on 28 May).
Responding to Cluster One
What Ideas Shaped the Founders?
1. Analyze the purpose of Magna Carta. Explain why it was written in 1215 and how
people have used it since then.
2. Create a table to help you analyze the setting in which the Pilgrims wrote the
Mayflower Compact and Landa wrote his selection. Identify the time, place, and
conditions under which each document was written.
Document Time Place Conditions

The Mayflower Compact
The Pilgrims Had It Good
3. Vowell and Reagan each interprets Winthrops use of the phrase city on [or upon] a
hill. Analyze the type of evidence cited by each. Do they use facts, anecdotes, or
reasons to support their interpretation? Explain which you find most persuasive.
4. What tone does Rodriguez use? What tone does Henry use? Analyze the tone in each
selection by identifying specific words or phases. Then, explain whether you think
they have similar or conflicting views about how to act in a free society.
5. Locke influenced Jeffersons views on government. Analyze similarities between the

two by identifying specific examples of ideas they shared.
6. Analyze the point of view in the speech by Douglass. Cite examples to show how he
is speaking both for himself and for others.
Writing Activity: Analyze a Source

Select an article from a recent newspaper, magazine, or Web site that expresses a strong
opinion on a current topic. Analyze it by taking notes on the name of the writer and his or
her qualifications, the setting for the article, and definitions of any unfamiliar words or
references. Then, identify up to five key points and take notes on whether the writer makes
each one clearly.
Using your notes, write an essay analyzing the source. Explain whether you think it is a
useful source for students to use.
A Strong Analysis
identifies the articles purpose, audience, setting
breaks down the article into parts to comment on
pulls together points in a summary
72 R e s p o n d i n g to C l u s t e r O n e

Literature & Thought: We The People

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government anD Current events

2012 Perfection Learning

PP/Logan, Iowa, USA

Printed in the United States of America

T he question above is the essential question that you will consider as

CLUSTER ONE What ideas shaped the Founders?

CLUSTER TWO How does the Constitution safeguard against tyranny?

CLUSTER THREE What compromises in the Constitution matter today?

CLUSTER FOUR Thinking on your own

. . . do ordain and establish this Constitution for

from the Preamble to the U.S. Constitution,

written in 1787 and ratified in 1788

Prologue from the Preamble to the U.S. Constitution 4

Cluster One W h at I d e a s S h a p e d the Founders? 35

Critical Thinking SkillAnalyzing Sources

The Mayflower Compact Primary Source 43

The Pilgrims Had It Good

Life in a City on a Hill

Reagans Farewell Address

Religious Tolerance in America

Give Me Liberty or Give Me Death!

What Makes a Government Legitimate?

The Fourth of July and Slavery

Responding to Cluster One

The Separation of Powers

When Is Bombing Constitutional?

The Federalist Papers

Objections to the Constitution

Minnesota Too Polite to Ask for Federal Funding

Responding to Cluster Two

Critical Thinking SkillEvaluating Arguments

What Would the Founders Do?

The Great Compromise

Who Rules? A Case Study in Power

Latinos Remake the Electoral Map

No More Racial Gerrymandering

Responding to Cluster Three

Critical Thinking SkillIntegrating Sources of Information

Needy Students Need Aid

Fat Cat Universities Dont Need Aid

Americans View Basic Freedoms

Reverence for the Constitution

The Spoiled-Brat American Electorate

The Misguided Elites

Why I Hate Politics. That Government Kind.

Responding to Cluster Four

Author Biographies 145

Additional Reading 151

the Constitution of the

When vacancies happen in the

Judgment in Cases of Impeachment shall not extend

the United States. They shall in all Cases, except

Every Order, Resolution, or Vote to which the

To declare War, grant Letters of Marque and

The Privilege of the Writ of Habeas Corpus shall not

of all Duties and Imposts, laid by any State on

Before he enter on the Execution of his Office, he

Time as he shall think proper; he shall receive

The Trial of all Crimes, except in Cases of

The Congress shall have Power to dispose of and

Laws of any State to the Contrary notwithstanding.

Amendment VIII Amendment IX