THE LIVING CONSTITUTION
* ASSESSMENT
U.S. Constitution
Constitution in your book, page 82
Assessment, page 106
Article 1 – Legislature
 National legislature is called Congress
 Two houses
 Senate – equal representation, 2 members from
each state
 House of Representatives – proportional
representation, now for about every 600,000 people
(Texas has 35 representatives)
Article 1 – Legislature
1. Why does the legislative branch more
directly represent the people?
A.
Think of how branches are selected
B.
Senate is now directly elected, every
6 years
C.
House of Representatives is directly
elected – whole House, every 2 years
Article 1 – Legislature
2. Why more Representatives than Senators?
Answer – House is proportional, “based on
population,” while each state has only 2
senators.
Article 1 – Legislature
3. Name four powers of Congress.
Answer – See Section 8 of Article I (page 88)
– it lists 18 “enumerated” powers of
Congress.
List 4.
 Tax, borrow money, regulate commerce,
coin money, establish post offices, create
federal courts, declare war, raise an army,
make laws
Article 1 – Legislature
4. What powers are denied to Congress?
 Can’t suspend habeas corpus, illegally
punish people, levy direct taxes, levy export
taxes on goods from any state, take money
from treasury illegally, issue titles of nobility
(no kings in America)
 Denied to states? States cannot enter
treaties, coin money, levy import/export
taxes, wage war on their own.
The Constitution
Article II – The Executive Branch (President)
Article II - Executive
5. Main function of the executive branch?
Answer: To carry out the laws made by
Congress
Also – to conduct foreign policy
Must follow the Constitution
Article II - Executive
6. Who officially elects the president? Explain
Answer: The Electoral College selects the
president, by vote of the states’ electors (see
Article II, section 1, paragraph 2 – page 90)
Electors are elected by people in the states
Article II - Executive
7. How can the president lose her/his job
before the next election?
Answer: Impeachment, as listed in the
Constitution.
Also – death (which the Constitution
anticipated) or resignation (which the
Constitution does not mention)
Two other ways, in elections: Does not run
for re-election, or defeated for re-election
Article III - Judiciary
8. How are Supreme Court Justices appointed?
Answer: See Article II, Section 2, “Treaties
and Appointments” (page 91)
The president nominates federal judges,
“with the advice and consent of the Senate”
In practice, president nominates, Senate
confirms
Note: There are nine Supreme Court justices;
they serve for life, or until they retire
Article III - Judiciary
9. What kinds of cases does the Supreme Court
hear? Why is their decision to hear a case
important?
Answer: Generally, they hear appeals of
cases from the lower federal courts – a
decision not to hear a case means the lower
court’s ruling stands, with no further appeal
Article IV – The States
10. Extradition, means to send a prisoner to
another state for trial. Why is this an
example of state relations?
It exemplifies (is a good example of)
cooperation among the states
Other ways states cooperate: State
compacts on river management; State
cooperation on commercial laws
Article V - Amendment
11. How many states does it take to ratify an
amendment? Why that many?
It takes ¾ of the states (we have 50 states; ¾
is 75%, or 38 states when rounded to the
whole number)
So many states are required to make
amendment difficult, to show the gravity of
amendments (gravity=“seriousness” or
“importance”)
Article VI - Supremacy
12. How does Article VI establish supremacy of
the Constitution?
ANSWER: It makes the Constitution “the
supreme law of the land”
All laws at every level of government must
uphold the Constitution
Nota bene: Article VI also contains a ban on
religious tests for any office
Amendments
13. Does the First Amendment allow complete
freedom of speech, the right to say anything
you want, any time, any where? Explain
ANSWER: No, there are limits – you can’t
yell “FIRE!” in a crowded theatre, for
example, because that causes panic and
people could die. We do not have the right
to slander or libel freely, either
Amendments
14. What is the newest amendment? What
protection does it give to the American
people?
ANSWER: The 27th Amendment is the latest
amendment; it prevents members of
Congress from using taxpayers’ money for
their own gain
The Constitution
A few further notes on Amendments
Civil War Amendments
 Amendment 13 – abolishes slavery
 Amendment 14 – Civil Rights – expands rights
of citizens to everyone native or natural
born, including rights against states; expands
due process rights
 Amendment 15 – Expands protection of right
to vote to all citizens regardless of race, color,
or “previous condition of servitude” (slavery)
Prohibition and repeal
 18th Amendment gave states the right to ban
the manufacture and sale of liquor and
alcoholic beverages – ratified in 1919
 21st Amendment repealed Prohibition,
repealed the 18th Amendment, December 5,
1933
 This is the only amendment to have been
repealed
Women’s Suffrage (Right to
Vote)
 19th Amendment says no state nor the federal
government may prohibit women from
voting because they are women
 Note “suffrage” means “right to vote,” and
has nothing at all to do with suffering
The end. Thank you
THE LIVING CONSTITUTION
* ASSESSMENT