STUDY GUIDE: The CONSTITUTION of the UNITED

STATES of AMERICA

The Declaration of Independence:1. Who wrote it? When? Why? Which

philosopher was an inspiration for the ideas in it? What ideas were these?

• Thomas JeffersonThomas Jefferson

• July 4July 4thth, 1776, 1776

• To explain why the colonies were separating To explain why the colonies were separating from Britain.from Britain.

• John LockeJohn Locke

• The idea of natural rights.The idea of natural rights.

3. What are the three “unalienable rights” mentioned?

• Life

• Liberty

• The pursuit of happiness

After the Revolution, Americans worked to form the foundations of a Republic. What is a republic?

A Government in which citizens rule through elected representatives.

What were the weaknesses of the Articles of Confederation?

• Couldn’t tax

• Couldn’t regulate trade

• Each state had one vote in Congress

• 9 of 13 states needed to agree to pass ANY law

• Articles could only be amended if ALL states approved

• No executive branch

• No national court

• No national unity

Why would some Americans have thought that the weaknesses of the Articles of Confederation were actually good?

Some Americans did not want another strong government like Great Britain. They believed more power should rest in the states.

7. Where did the delegates of the Constitutional Convention meet? (as always…)

Philadelphia8. Which key players of the American

Revolutionary Era were NOT at the Constitutional Convention?

Thomas Jefferson,(AND Samuel Adams).

Explain the difference between the Virginia Plan and the New Jersey Plan.

Virginia Plan: 2 house legislature based on population.

New Jersey Plan: One house legislature; every state with equal votes.

Explain how the “Great Compromise” solved the tension about representation between big states and small states.

One house (the Senate) would have equal representation for all states.

The other house (the House of Representatives) would have representation based on population.

What was the Three-Fifths Compromise?

CONFLICT:States with slaves wanted their slaves counted as part of population to get more representatives in CongressStates without big slave populations thought this was unfair.

COMPROMISE:States with more slaves agreed to count only 3/5 of slaves as part of their population.

What is the Division of Powers? What’s another name for it? Who holds powers not specifically granted to the Federal government?

• It divides power between the Federal government and the state government.

•Federalism, delegated or enumerated powers

•The states (or the people)

What is the Separation of Powers?

A way of balancing power among 3 branches of government so no single branch can dominate.

a.k.a.- Checks and balances.

ExecutivExecutive Branche Branch

Judicial Judicial BranchBranch

LegislatiLegislative ve

BranchBranch

•Federal judges free from presidential controlFederal judges free from presidential control•Can declare presidential actions unconstitutionalCan declare presidential actions unconstitutional

•Can veto bills of C

ongress

Can veto bills of C

ongress

•Can call special s

essions of

Can call special s

essions of

Congress

Congress

•Can influ

ence public opinion

Can influ

ence public opinion

•Can propose legislatio

n

Can propose legislatio

n

Can decide the meaning of

Can decide the meaning of

lawslawsCan declare acts of congress

Can declare acts of congress

unconstitutional

unconstitutional

•Appoints federal judgesAppoints federal judges•Can pardon or reprieve people convicted of Can pardon or reprieve people convicted of federal crimesfederal crimes

•Congress establishes lower

Congress establishes lower

Federal courts

Federal courts

•Senate confirms or rejects

Senate confirms or rejects

appointments of judges

appointments of judges

•Congress can impeach and remove

Congress can impeach and remove

federal judges

federal judges•Congress

Congress can override a veto

can override a veto

•Can impeach th

e president

Can impeach th

e president

•Approves or rejects tre

aties

Approves or rejects tre

aties

•Approves or rejects appointm

ents

Approves or rejects appointm

ents

15. Which three men wrote the Federalist Papers?

James MadisonAlexander HamiltonJohn Jay

Called “the father of the Constitution”

16. What was the main difference of opinion between the Federalists and the Antifederalists?• The Federalists supported the

Constitution. They thought the balance of power between the state and federal governments was good.

• The Antifederalists opposed the Constitution. They thought the whole idea of a strong central government was a bad thing.

17. What was the Bill of Rights and how did it ensure ratification of the Constitution?

• It was a formal list of the the rights and freedoms of individual citizens.

• Many people would not vote for the Constitution unless it included a Bill of Rights. They wanted a guarantee that this newer, stronger federal government could not violate their individual liberty.

• The Federalists gave in to this pressure and added on the Bill of Rights to make the Constitution more popular.

18. In your own words, why are these gentlemen writing this document?

• To make a stronger unity (than the Articles of Confederation).

• To maintain a society of just laws.• To keep the peace at home.• To defend against outside enemies.• To keep Americans “free.”

Article 1: The Legislature (the Congress)

19. The legislature _______ the laws.MAKES

30 years oldCitizen for 9 yearsMust live in the state which elects him/her

25 years oldCitizen for 7 yearsMust live in the state which elects him/her

Senate House of Representatives

Every 6 years Every 2 years

TWO Dependent on population

President of the Senate (VP)

Speaker of the House

They have the sole power to try impeachment cases.

Sole power of impeachment.

How often are members elected?

What are the qualifications?

How many members per state?

Who is the presiding officer?

What are their special duties?

20. What are the 2 houses of Congress?

21. What’s the difference between a bill and a law?

• A bill is a proposal for a law, but it has not yet been made a law by Congress.

22. What is a veto?

• The refusal to approve a bill

23. Describe in brief terms, the steps that a bill must go through to become a law;

• - it is introduced in the House or Senate and referred to a committee

• - It then leaves committee with or without changes or it may be shelved

• - The bill is debated in either house, if passed it is sent to the other house

• - If different versions are passed, it goes to another committee to work out the differences

• - a single version is submitted• - if both houses accept, it is sent to the president• - if the president signs, it becomes a law• - If the bill is vetoed, the house and senate may

override the veto by a vote of 2/3 of the members present in each house- then the bill becomes a law

OR

If it’s vetoed….maybe….

Explain the significance of the following terms from Sections 8 and 9 of the Constitution as they relate to Congress:

The Elastic Clause:

“the necessary and proper clause” which says Congress can do whatever it needs to fulfill legitimate needs.

Declaration of War:

Congress has the right to declare war

Habeas Corpus:

This means people cannot be held in jail without being charged with a crime.

Ex Post Facto law:

This type of law is one that charges people with a crime that was legal when it was performed. Congress CANNOT pass this type of law

ARTICLE 2: The Executive Enforces the laws.

What is the official title of personin charge of the executive branch?

How often is this person elected?

What are the qualifications for holdingthis office?

Who takes over if this person diesor is removed from office?

What are the specific powers heldby this person?

What other duties are mentioned for this person?

What is the name for the chief group of advisors to the Chief Executive?

President of the United States

Every 4 years

•Natural Born Citizen•35 years old•Resident of the U.S. for 14 years

The Vice President

• Commander in chief of the military• Make treaties and appointments• Fill vacancies during senate

recess

• Give the State of the Union address to Congress

• The Cabinet

What is the Electoral College? How is the number of electors for each state determined?

It is a group of people who are appointed from each state to represent the votes of the state for elections

The number is determined by:

number of senators + the number of representatives for each state.

(for example: Illinois has 2 senators and 19 representatives. 2+19=21 electoral votes for illinois.

Electoral Votes for the 2008 Presidential Elections

What is impeachment? What types of crimes can a president be convicted of that would result in his removal from office?

Impeachment is the accusation of a crime of a civil official (president, vice president, senators etc..)

There is a separate vote for removal from office.

They can be impeached for treason, bribery, or other high crimes and misdemeanors.

DidnDidn’’t t remove me!remove me!

Me neither!Me neither!

You canYou can’’t t fire me; I fire me; I

quit!quit!

ARTICLE 3: The Judiciary _Interprets__ the laws

What court is specifically created in the text of the Constitution?

The Supreme Court

How many judges sit on the Supreme Court?

9

What crime is specifically mentioned in Article 3? What does it mean?

Treason- It means committing a crime against one’s country

What is judicial review and why is it so important?

A court passing judgment on the CONSTITUTIONALITY of a law or government action that is being disputed. If a law or action is deemed “unconstitutional,” then the law is nullified (no longer a law). This is important because it gives the judiciary substantial power to check the other branches.

Article 4: Relations Among States What sort of “full faith and credit” is being talked about in

Article 4, section 1?It means all documents and court judgments made in one

state are valid in the others (ex. Driver’s licenses, marriage licenses)

Can a person escape criminal charges by fleeing to another state? What section explains this?

No (extradition)It’s in Article 4, section 2

What body of government can admit new states to the Union?Congress

What guarantees does Section 4 make to the States?A republican form of government and protection against

invasion

• 1788:

• U.S. Constitution ratified.

• Elections for the first President and the first Vice President are held.

• 1789:

• First Congress under the Constitution meets in New York.

• George Washington inaugurated as first President of the U.S.A.

• 1791:

• First 10 amendments to the Constitution (the Bill of Rights) are adopted.

• Article 5: Amending the Constitution

What does it mean “to amend?”

To change, to add something or take something away

What is the process for amending the Constitution?

2/3 of both houses of Congress can call a meeting to amend the Constitution

OR

2/3 of State Legislatures can propose an amendment.

In order to pass an amendment:

¾ of state legislatures MUST vote for the change

• Article 6: Supremacy of the National Government

In your own words, explain what is being said about the Constitution in section 2 of Article 6?

The Constitution is the highest law in the land. No state laws can go against it.

• Article 7: Ratification

What does it mean “to ratify?”

To Approve

How many states were required to ratify the Constitution in order to establish it as the law of the land?

NINE

1st Amendment: • Freedom of religious practice• Freedom of speech• Freedom of the press• Freedom of assembly• Freedom to petition government•  

2nd Amendment: • Right to bear arms

 

3rd Amendment:• No quartering of troops

4th Amendment:• No search and seizure unless probable cause and

a warrant

 

5th Amendment:• No double jeopardy• People don’t have to be a witness against

themselves• Cannot be deprived of life, liberty, property

without due process

 

6th Amendment• Right to a speedy and public trial with a lawyer

7th Amendment• Right to trial by jury

8th Amendment• No excessive bail or cruel and unusual

punishment

9th Amendment• The government must respect all assumed rights

even if they aren’t in the Constitution

10th Amendment• The powers NOT given to the federal government

are reserved for the states or the people

• 13th Amendment (1865)- Abolishes slavery.

• 14th Amendment (1868)- Equal protection, birthright citizenship, due process, and application of the Bill of Rights to the states.

• 15th Amendment (1868)- Right to vote regardless of race or color.

• 18th Amendment(1919)- Prohibition (of alcohol).

• 19th Amendment (1920)- Right to vote for women.

• 21st Amendment (1933)- Repeals the 18th Amendment- booze is back.

President of the United States, Barack Obama

Vice President of the United StatesJOE BIDEN

Chief Justice of the Supreme CourtJOHN ROBERTS

Speaker of the HouseJOHN BOEHNER

Senators from IllinoisDICK DURBIN and MARK KIRK

Von Steuben’s Representative in the House- MIKE QUIGLEY

Governor of the State of IllinoisPAT QUINN

47How many stars are currently displayed on the U.S. flag?

50

48. How many stripes are currently displayed on the U.S. flag?

13

Red: 7 White: 6

What do they symbolize?

The original 13 colonies

49. In order to indicate mourning, how should the United States flag be displayed?

At half-mast (halfway down the flagpole)

 

50. When a flag has become old and tattered, what is the preferred manner of getting rid of it?

Burning it in a dignified manner

51. When shown along with state flags, city flags, and others, what is the proper place of the U.S. flag?

 The U.S. flag should be higher than other flags.

 

52. Give one example of “disrespectful” flag treatment.

The flag should not touch the ground.

53. What are the 3 branches of the Illinois state government? What are their specific names in Illinois government?

Legislative General Assembly

Judicial Supreme Court of Illinois

Executive Governor

55. What important differences are there between the federal and State of Illinois versions of these branches?

The legislative branch is called the “General Assembly” instead of Congress.

The line item veto: It is a power of the governor to veto PART of a bill without vetoing the ENTIRE bill. The president does not have this power

54. Where is the seat of the State government of the State of Illinois?

Springfield