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UNDERSTANDING OUR CONSTITUTION
CONTRACTS , COMPACTS, COVENANTS
What we are looking at here is a fundament of society and government. W e want to not only
understand the origin of society. But for us, we are seeking to understand and explain the
legitimacy of the authority of the state over the individual.
Arguments about this have evolved over time, and generally posit that individuals have
consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the
authority of the ruler or magistrate (or to the decision of a majority), in exchange for protection
of their natural rights. The question of the relation between natural and legal rights, therefore, is
often an aspect of this discussion. Another factor to consider is, well, consent itself.
Consent theory is a term for the idea in social philosophy that individuals primarily make
decisions as free agents entering into consensual relationships with other free agents, and that
this becomes the basis for political governance. But a problem is that after the original
administering of consent by the people, subsequent generations often only give tacit consent to the
government. Without the power to refuse consent, true consent cannot be given, some argue.
Although the antecedents of this discussion are found in antiquity, in Greek and Stoic
philosophy and Roman and Canon Law, as well as in the Biblical idea of the covenant, the
starting point for most of the argument is a heuristic examination of the human condition absent
from any political order that Thomas Hobbes termed the “state of nature”.
In this condition, individuals' actions are bound only by their personal power and conscience.
From this shared starting point we seek to demonstrate, in different ways, why a rational
individual would voluntarily consent to give up his or her natural freedom to obtain the benefits
of political order.
When a COVENANT is made between two or more men it is said to be made between two or
more persons, namely, one whose actions and words are either one's own (natural person) or
represents the words and actions of another (artificial person). With regard to an artificial
person, the actor is the person (or body) that performs a given act, while the author is the person
(or persons) whose actions these are. (In the case of a natural person, the actor and author are the
same.) In going from the state of nature to society, a set of natural persons agree to a covenant,
whereby a common power is established as an artificial person to enforce the terms of the
contract. This artificial person serves as the representative or actor of all those who agreed to the
covenant. Thus, all signatories of the covenant are the authors of any and all actions performed
by the artificial person.
A CONTRACT is an agreement entered into voluntarily by two parties or more with the
intention of creating a legal obligation, which may have elements in writing, though contracts
can be made orally. The remedy for breach of contract can be "damages" or compensation of
money. In equity, the remedy can be specific performance of the contract or an injunction. Both
of these remedies award the party at loss the "benefit of the bargain" or expectation damages,
which are greater than mere reliance damages, as in promissory estoppel. The parties may be
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natural persons or juristic persons. A contract is a legally enforceable promise or undertaking
that something will or will not occur. The word promise can be used as a legal synonym for
contract, although care is required as a promise may not have the full standing of a contract, as
when it is an agreement without consideration. The theory of Contract relies on the notion of
consensual exchange: each party in the contract negotiates with the other parties in the contract
and each willingly gives to the other party an agreed-upon thing, for which they in turn receive
an agreed-upon thing.
A COMPACT is an agreement carrying less force of enforcement than a contract, with
parties on one side (or both) able to withdraw from the agreement freely for any reason, or no
reason. Interposition is an asserted right of a party to declare the other parties actions nullo, that
is, to not be allowed. Interposition is closely related to the theory of nullification, which holds
that the parties to a compact have the right to nullify actions that they deem to be unfovorable to
themselves, and to prevent enforcement of such actions within their jurisdiction.
In regards to the United States, the courts have held that the power to declare federal laws
unconstitutional lies with the federal judiciary, not with the states. The courts have held that
interposition is not a valid constitutional doctrine. Though interposition and nullification are
similar, there are some differences. Nullification is an act of an individual state, while
interposition is undertaken by states acting jointly. Nullification is a declaration that a federal
law is unconstitutional accompanied by a declaration that the law is void and may not be
enforced in the state. Interposition also involves a declaration that a federal law is
unconstitutional, but after the interposition that law would still be enforced in the state.
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WORKSHEET: CONSTITUTIONS
WHAT DOES IT MEAN?
The Constitution is often hailed as a marvel of brevity and of clarity. It was, however, written in
the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us
today, if not down right foreign. Some of the more obscure words are defined in The Glossary.
But what of the Constitution itself? What does it mean? What does each article, each section,
say?
The Preamble to the Constitution has no force in law; instead, it establishes the "Why" of the
Constitution. Why is this document in existence? It reflects the desires of the Framers to improve
on the government they currently had (to be "more perfect" than the Articles of Confederation),
to ensure that that government would be just, and would protect its citizens from internal strife
and from attack from the outside. It would be of benefit to the people, rather than to its
detriment. And, perhaps as importantly, it intended to do the same for the future generations of
Americans.
Article 1 establishes the first of the three branches of the government, the Legislature.
Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part,
body.
Section 2 defines the House of Representatives, known as the lower house of Congress. It
establishes a few minimum requirements, like a 25-year-old age limit, and establishes that the
people themselves will elect the members for two years each. The members of the House are
divided among the states proportionally, or according to size, giving more populous states more
representatives in the House. The leader of the House is the Speaker of the House, chosen by the
members.
Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum
requirements, such as a 30-year-old age limit. Senators were originally appointed by the
legislatures of the individual states, though this later changed. They serve for six years each.
Each state has equal suffrage in the Senate, meaning that each state has the exact same number
of Senators, two each, regardless of the population. This Section introduces the Vice-President,
who is the leader of the Senate (called the President of the Senate); the Vice-President does not
vote unless there is a tie.
Section 4 says that each state may establish its own methods for electing members of the Congress,
and mandates, or requires, that Congress must meet at least once per year.
Section 5 says that Congress must have a minimum number of members present in order to meet,
and that it may set fines for members who do not show up. It says that members may be expelled,
that each house must keep a journal to record proceedings and votes, and that neither house can
adjourn without the permission of the other.
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Section 6 establishes that members of Congress will be paid, that they cannot be detained while
traveling to and from Congress, that they cannot hold any other office in the government while in
the Congress.
Section 7 details how bills become law. First, any bill for raising money (such as by taxes or fees)
must start out in the House. All bills must pass both houses of Congress in the exact same form.
Bills that pass both houses are sent to the President. He can either sign the bill, in which case it
becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both
houses pass it by a two-thirds majority, the bill becomes law over the President's veto. This is
known as overriding a veto.
There are a couple more options for the President. First, if he neither vetoes a bill nor signs it, it
becomes a law without his signature after 10 days. The second option is called a pocket veto. It
occurs if Congress sends the bill to the President and they then adjourn. If the President does not
sign the bill within 10 days, it does not become law.
Section 8 lists specific powers of Congress, including the power to establish and maintain an
army and navy, to establish post offices, to create courts, to regulate commerce between the states,
to declare war, and to raise money. It also includes a clause known as the Elastic Clause which
allows it to pass any law necessary for the carrying out of the previously listed powers.
Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas
corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one
state over another; no money can be taken from the treasury except by duly passed law, and no
title of nobility, such as Prince or Marquis, will ever be established by the government.
Section 10, finally, prohibits the states from several things. They cannot make their own money,
or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax
goods from other states, nor can they have navies.
Article 2 establishes the second of the three branches of government, the Executive.
Section 1 establishes the office of the President and the Vice-President, and sets their terms to be
four years. Presidents are elected by the Electoral College, whereby each state has one vote for
each member of Congress. Originally, the President was the person with the most votes and the
Vice-President was the person with the second most, though this is later changed. Certain
minimum requirements are established again, such as a 35-year minimum age. Presidents must
also be a natural-born citizen of the United States. The President is to be paid a salary, which
cannot change, up or down, as long as he in is office.
Section 2 gives the President some important powers. He is commander-in-chief of the armed
forces and of the militia (National Guard) of all the states; he has a Cabinet to aid him, and can
pardon criminals. He makes treaties with other nations, and picks many of the judges and other
members of the government (all with the approval of the Senate).
Section 3 establishes the duties of the President: to give a state of the union address, to make
suggestions to Congress, to act as head of state by receiving ambassadors and other heads of state,
and to be sure the laws of the United States are carried out.
Section 4 briefly discusses the removal of the President, called impeachment.
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Article 3 establishes the last of the three branches of government, the Judiciary.
Section 1 establishes the Supreme Court, the highest court in the United States. It also sets the
terms of judges, of both the Supreme Court and lower courts: that they serve as long as they are on
"good behavior," which usually means for life (no Justice and only a few judges have ever been
impeached). It also requires that judges shall be paid.
Section 2 sets the kinds of cases that may be heard by the federal judiciary, which cases the
Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the
Supreme Court are by appeal. It also guarantees trial by jury in criminal court.
Section 3 defines, without any question, what the crime of treason is.
Article 4 concerns the states.
Section 1 mandates that all states will honor the laws of all other states; this ensures, for
example, that a couple married in Florida is also considered married by Arizona, or that someone
convicted of a crime in Virginia is considered guilty by Wyoming.
Section 2 guarantees that citizens of one state be treated equally and fairly like all citizens of
another. It also says that if a person accused of a crime in one state flees to another, they will be
returned to the state they fled from. This section also has a clause dealing with fugitive slaves
that no longer applies.
Section 3 concerns the admittance of new states and the control of federal lands.
Section 4 ensures a republican form of government (which, in this case, is synonymous with
"representative democracy," and both of which are opposed to a monarchical or aristocratic
scheme - the state derives its power from the people, not from a king or gentry) and guarantees
that the federal government will protect the states against invasion and insurrection.
Article 5 details the method of amending, or changing, the Constitution.
Article 6 concerns the United States itself.
First, it guarantees that the United States under the Constitution would assume all debts and
contracts entered into by the United States under the Articles of Confederation. It sets the
Constitution and all laws and treaties of the United States to be the supreme law of the country.
Finally, it requires all officers of the United States and of the states to swear an oath of
allegiance to the United States and the Constitution when taking office.
Article 7 details the method for ratification, or acceptance, of the Constitution: of the
original 13 states in the United States, nine had to accept the Constitution before it would
officially go into effect.
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The Amendments
The first ten amendments to the Constitution were all adopted at the same time and are
collectively known as the Bill of Rights.

The 1st Amendment protects the people's right to practice religion, to speak freely, to
assemble (meet), to address (petition) the government, and of the press to publish.

The 2nd Amendment discusses ‘keeping and bearing’ arms. There is debate whether this is
a right that protects the state, or a right that protects individuals.

The 3rd Amendment guarantees that the army cannot force homeowners to give them
room and board.

The 4th Amendment protects the people from the government improperly taking property,
papers, or people, without a valid warrant based on probable cause (good reason).

The 5th Amendment protects people from being held for committing a crime unless they
are properly indicted, that they may not be tried twice for the same crime, that you need
not be forced to testify against yourself, and from property being taken without just
compensation. It also contains due process guarantees.

The 6th Amendment guarantees a speedy trial, an impartial jury, that the accused can
confront witnesses against them, and that the accused must be allowed to have a lawyer.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case
is normally no longer heard in federal court.

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that
extraordinarily large fines will not be set.

The 9th Amendment is simply a statement that other rights aside from those listed may
exist, and just because they are not listed doesn't mean they can be violated.

The 10th Amendment is the subject of some debate, but essentially it states that any power
not granted to the federal government belongs to the states or to the people.

The 11th Amendment more clearly defines the original jurisdiction of the Supreme Court
concerning a suit brought against a state by a citizen of another state.

The 12th Amendment redefines how the President and Vice-President are chosen by the
Electoral College, making the two positions cooperative, rather than first and second
highest vote-getters. It also ensures that anyone who becomes Vice-President must be
eligible to become President.

The 13th Amendment abolished slavery in the entire United States.
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
The 14th Amendment ensured that all citizens of all states enjoyed not only rights on the
federal level, but on the state level, too. It removed the three-fifths counting of slaves in
the census. It ensured that the United States would not pay the debts of rebellious states.
It also had several measures designed to ensure the loyalty of legislators who participated
on the Confederate side of the Civil War.

The 15th Amendment ensures that race cannot be used as a criteria for voting.

The 16th Amendment authorizes the United States to collect income tax without regard to
the population of the states.

The 17th Amendment shifted the choosing of Senators from the state legislatures to the
people of the states.

The 18th Amendment abolished the sale or manufacture of alcohol in the United States.
This amendment was later repealed (erased).

The 19th Amendment ensures that gender cannot be used as a criteria for voting.

The 20th Amendment set new start dates for the terms of the Congress and the President,
and clarifies how the deaths of Presidents before swearing-in would be handled.

The 21st Amendment repealed the 18th Amendment.

The 22nd Amendment set a limit on the number of times a President could be elected two four-year terms. It has one exception for a Vice-President who assumes the
Presidency after the death or removal of the President, establishing the maximum term of
any President to 10 years.

The 23rd Amendment grants the District of Columbia (Washington D.C.) the right to
three electors in Presidential elections.

The 24th Amendment ensured that no tax could be charged to vote for any federal office.

The 25th Amendment clarifies even further the line of succession to the Presidency, and
establishes rules for a President who becomes unable to perform his duties while in office.

The 26th Amendment ensures that any person 18 or over may vote.

The 27th Amendment requires that any law that increased the pay of legislators may not
take effect until after an election.
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Where did it come from?
Use a copy of the U.S. Constitution to find out how each government institution mentioned below
was created. For each institution, list the part of the Constitution that calls for it and whether it
was created directly or indirectly.
Gov’t Institution Part of Constitution Directly/Indirectly
Part of System
Where is it found in the Constitution?
How?
(direct/
indirect)
Justice Department
Electoral College
U.S. Mint
Supreme Court
State Department
U.S. Navy
Internal Revenue Service
Patent and
Trademark Office
NASA
Stafford Student Loans
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Who Does What?
Tell which branch of government does the following items. Use the letters:
L
E
J
for Legislative Branch
for Executive Branch
for Judicial Branch
____ 1. Grants pardons and reprieves.
____ 2. Sets up the nation’s lower courts
____ 3. Commands the army and the navy.
____ 4. Issues money and sets its value.
____ 5. Uses pocket veto
____ 6. Declare war.
____ 7. Has no age requirement
____ 8. Controls interstate trade
____ 9. Protects the rights of citizens
(Congress)
(President , Cabinet, Bureaucracy)
(the Federal Courts)
____10. Controls immigration
____11. Decides the constitutionality of laws
____ 12. Directs most departments of the government
____ 13. Makes treaties with foreign countries.
____ 14. Tries cases under the law.
____ 15. Enforces the laws
____ 16. Vetoes a bill
____ 17. Coins money
____ 18. Interprets laws and the Constitution
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Test Your Knowledge!
Use the Constitution to find the answers…
Article I
Legislative Branch
1. The job of the legislative branch is to __________________________
House of Representatives
2. The House of Representatives has __________________________members
3. There are three qualifications from becoming a member of the House of Representatives
a. Must be __________________________years old.
b. Must be a US citizen for __________________________years before
election
c. Must live __________________________that elects you
4. The term of office for a member of the House of Representatives is ___________years
5. The number of Representatives a state sends to the House of Representatives depends on the
states__________________________ (this favors large states)
6. Special Powers only the House has:
a. They have the powers of __________________________ (listing of
charges against a federal official)
b. All __________________________bills must start here.
c. They choose their own oversiding officer who is The ____________________
d. In special cases they pick the __________________________ (if there is
no majority of electoral votes for a candidate)
Senate
7. There are how many members of the Senate _______________ (favors smaller states)
8. There are three qualifications from becoming a member of the Senate:
a. Must be __________________________years old.
b. Must be a US citizen for ________________years before the election.
c. Must live in ________________that elects them
9. The term of office for a member of the Senate is ________________years.
10. How many Senators are up for election every 2 years? ________________
11. Special Powerof the Senate- They have the power to try ________________cases
(they act as the court)
Congress (Both the House and the Senate)
12. Congress must meet at least ________________a year.
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13. Each house ________________, punishes, or expels its own members.
14. If a President doesn’t like a bill he may do the following:
a. He can ________________the bill and send it back to the originating house.
b. He can refuse to sign the bill for _____days with Congress in session and it becomes
a law without his signature
c. He can refuse to sign the bill for 10 days and if Congress adjourns in that time, the
bill is dead-- its called a ___________ veto
15. Powers Granted to Congress:
a. Only Congress can declare ______
b. They set the rate for and collect ________
c. They can borrow ______
d. They can __________ money
e. They control Naturalization or the control of ______________
f. They regulate or control ___________trade between the states.
g. They grant copyrights and _____________.
h. They set up lower ______________
16. Powers forbidden to Congress:
a. They cannot put a ____ __ on goods going from one state to another.
b. There can be no _________laws (can’t make an act a crime after the act has
already been committed)
17. One power that is forbidden to the states is that states cannot __________ _____.
Article II
Executive Branch
1. The job of the Executive Branch is to ________ _______ the laws passed by Congress
2. There are three qualifications to become the President:
a. Must be at least ___________ years old.
b. Must be a ___________ citizen of the United States.
c. Must live within the borders of the US ____1____ years before election.
3. The President’s term of office is _________ years.
4. Powers stated in the Constitution:
a. President is the ______ ________ of all the armed forces.
b. President makes _______and________ that need to be approved by the Senate.
c. President grants ____ _____ and reprieves for federal crimes.
d. President must give a _____ _____ message every year.
5. One of the President’s domestic (or at home) jobs is to prepare the ___budget____ .
6. One group of people the President appoints and can fire, is the ____________ heads.
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7. One of the President’s powers is the that he can call ______ _____ into a special session.
Article III
Judicial Branch
1. The job of the Judicial Branch is to interpret laws and settle disputes. They also try cases
under law anddetermine the _______________ of laws.
2. There are _______ Supreme Court justices and 1 is called the Chief Justice (John Roberts)
3. The term of office for a federal judge is ____________________
4. In order to be a judge you must be at least _______________ years old.
5. Treason can be defined as:
a. making _________ against the United States.
b. helping the ________ of the United States.
6. You can be found guilty of treason by:
a. the testimony of ________ eyewitnesses
b. your own ___________ in open court.
Article IV
Relations Among States
1. Each state must give “______________” to legal actions of other states
2. All citizens are guaranteed a _____________ form of government.
Article V
Amending the Constitution
1. Amendments can be suggested or proposed by ______ of both houses of Congress OR
by __________ of state legislators holding a convention
2. Amendments are ratified or approved by __________ of the states’ legislatures OR
by __________ of the state conventions.
Article VI
General Provisions
1. The Constitution of the United States and the laws passed by Congress are the
“________________”
2. There can be no _________ test required to hold a public office.
Article VII
Ratification
1. When ________ states had ratified the Constitution it would go into effect.