CHAPTER 2
THE CONSTITUTION
Chapter Outline and Key Points
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The Origins of a New Nation
the colonists of the New World and their reasons for wanting to
govern themselves—
local participation in decision-making allowed the colonists by King
James I—
oppressive British traditions absent in the New World—
Trade and Taxation
mercantilism—
French and Indian War—
Treaty of Paris of 1763—I
Stamp Act of 1765—
Quartering Act of 1765—
Samuel Adams and Patrick Henry—
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Sons and Daughters of Liberty—
protests and boycotts—
First Steps Toward Independence
Stamp Act Congress of 1765—
Townshend Act of 1767—
Committees of Correspondence—
Tea Act of 1773—
Boston Tea Party—
Coercive Acts of 1774 (Intolerable Acts)—
The First Continental Congress
First Continental Congress (1774)—
Declaration of Rights and Resolves—
The Second Continental Congress
Second Continental Congress (1775)—
Olive Branch Petition—
Thomas Paine and Common Sense—
resolution by Richard Henry Lee of Virginia on June 7, 1776—
the three parts of Lee’s resolution—
confederation—
The Declaration of Independence
Declaration of Independence—
Thomas Jefferson—
John Locke and the Declaration of Independence—
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The First Attempts at Government: The Articles of Confederation
Articles of Confederation—
a confederation derives all its powers from the states—
a “league of friendship” linking the states for limited purposes—
Key provisions of the Articles of Confederation—
1)
2)
3)
4)
5)
Problems Under the Articles of Confederation—
the “critical period” from 1781 to 1789—
effects of the weaknesses of the Articles of Confederation:
1) no power to tax—
2) no resources to back its national currency—
3) no power to regulate commerce among the states or with
foreign nations—
4) no chief executive (no president) to execute (implement) the
laws—
5) no judicial system—
6) no strong central government--dissatisfaction of Washington and Hamilton with Articles of
Confederation—
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Shays’s Rebellion
requirements for voting and holding office—
factors leading to Shays’s Rebellion—
Daniel Shays—
Shays’s Rebellion—
national and state response to Shays’s Rebellion—
implications for government of Shays’s Rebellion—
The Miracle at Philadelphia: Writing a Constitution
Constitutional Convention of 1787—
The Characteristics and Motives of the Framers
secrecy attendant to the convention—
“Founding Fathers”—
constitution—
Charles Beard’s An Economic Interpretation of the Constitution—
progeny of Beard’s work—
The Virginia and New Jersey Plans
Virginia Plan—
New Jersey Plan—
Constitutional Compromises
problems between small states’ desire for equal representation in the new
Congress and larger states’ demand for proportional representation—
Great Compromise—
problems arising from regional differences—
Three-Fifths Compromise—
22
Unfinished Business Affecting the Executive Branch
concerns of the Framers over a chief executive—
recommendations of the Committee on Unfinished Portions—
Electoral College—
Hamilton in Federalist No. 68—
impeachment and removal—
The U.S. Constitution
early draft of the Preamble—
final draft of the Preamble—
The Basic Principles of the Constitution
Montesquieu—
separation of powers—
checks and balances—
federalism—
federal system—
three key features of separation of powers—
different means of selecting federal officers—
how Senators originally elected under the Constitution—
Seventeenth Amendment (1913)—
Separation of Powers and Checks and Balances Under the U.S.
Constitution (Figure 2.1)—
The Articles of the Constitution
Article I: The Legislative Branch
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enumerated powers—
necessary and proper clause (elastic clause)—
implied powers—
Article II: The Executive Branch
president—
important powers of the president in section 3—
State of the Union Address—
section 4—
Article III: The Judicial Branch
Supreme Court—
Congress and the lower courts—
appointments for life—
Articles IV Through VII
Article IV and full faith and credit clause—
Article V and amendments—
Article VI and the supremacy clause—
Article VI and no religious test for public office—
Article VII and ratification—
The Drive for Ratification
letter from George Washington with the proposed Constitution sent to the
Second Continental Congress—
who favored the proposed Constitution in the Second Continental
Congress?—
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Federalists Versus Anti-Federalists
Federalists—
Anti-Federalists—
The Federalist Papers
“Publius”—
Alexander Hamilton, James Madison, and John Jay—
The Federalist Papers—
Federalist No. 10—
“Brutus” and “Cato”—
Anti-Federalist arguments—
Madison answers the criticisms raised by the Anti-Federalist in Federalist
Nos. 10 and 51—
Ratifying the Constitution
Article VII—
submission of the Bill of Rights as political compromise to assuage AntiFederalists fears—
Amending the Constitution: The Bill of Rights
proposed amendments sent to the states for ratification—
Twenty-Seventh [Madison] Amendment—
Bill of Rights sought by the Anti-Federalists—
protections and guarantees of the Bill of Rights—
Methods of Amending the Constitution
reasons for the formal amendment process to be a slow one—
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Formal Methods of Amending the Constitution
Article V—
two-stage amendment process—
two methods of proposal—
ratification must occur in one of two ways—
Eighteenth and Twenty-First Amendments—
ERA—
reaction to Texas v. Johnson (1989)—
Informal Methods of Amending the Constitution
Judicial Interpretation
Marbury v. Madison (1803)—
criticisms of judicial review—
Social and Cultural Change
evolution of Constitution to accommodate change—
Great Depression and the New Deal—
Federal Marriage Amendment—
Practice Tests
MULTIPLE CHOICE
1) Colonists came to the New World
a. to escape religious persecution.
b. to acquire land.
c. to be more independent of government.
d. All of the above.
2) The first official meeting of the colonies and the first step toward a unified nation
was the
a. Stamp Act Congress.
b. First Continental Congress.
c. Committees of Correspondence.
d. Colonial Parliament.
3) The type of government in which the national government derives its powers from
subsidiary units, such as states, is called
a. shared sovereignty.
b. unitary government.
c. a confederacy.
d. federalism.
4) The Articles of Confederation failed due to a number of weaknesses, including
that the national government was not allowed to
a. coin money.
b. tax its citizens or the states.
c. pass laws.
d. All of the above.
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5) The concept that the Framers of the Constitution were motivated principally to
create a new government to protect their personal economic well-being and the
well-being of men of property was first proposed in a book published in 1913 by
historian
a. Edmund Randolph.
b. Charles Beard.
c. Edward Everett Horton.
d. Gordon S. Wood.
6) The proposal that first called for a bicameral legislature at the Constitutional
Convention was called the
a. New Jersey Plan.
b. Virginia Plan.
c. New York Plan.
d. Great Compromise.
7) In general, at the Constitutional Convention, most of the small states felt
comfortable with
a. a stronger central government to deal with the crisis at hand.
b. concentration of power into a single branch of government.
c. a unicameral legislature appointed by the president.
d. the Articles of Confederation.
8) Reflecting the attitude of many of the Framers of the Constitution, including
Alexander Hamilton, the election of the president of the United States would be
removed from the hands of the “masses” through the creation of
a. a bicameral legislature.
b. the Senate, which would be elected by the states’ legislatures.
c. the Committee on Unfinished Portions.
d. the electoral college.
9) The phrase included by the Framers in the Preamble to the Constitution, “in order
to form a more perfect union,” reflects the concerns the Framers had with the
a. Declaration of Independence.
b. New Jersey Plan.
c. Federalist Papers.
d. Articles of Confederation.
10) The powers vested in Congress by the Framers to govern the nation are
enumerated in
a. Article I, section 8.
b. the Preamble to the Constitution.
c. Article II.
d. the Supremacy Clause of Article VI.
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11) Over the course of the nation’s history under the Constitution, Congress has often
coupled the “necessary and proper” clause with a particular enumerated to
dramatically expand its authority (e.g., to regulate airlines and railroads, which
did not exist when the Constitution was written). Which of the following
enumerated powers is often coupled with the elastic clause to expand federal
power?
a. to levy taxes
b. to regulate commerce
c. to coin money
d. to control immigration
12) Article III establishes
a. the power of judicial review.
b. the Supreme Court.
c. the lower federal courts.
d. judiciary systems of the state courts.
13) Article VI includes the supremacy clause and also requires
a. that the federal government create no ex post facto laws.
b. all states to honor the laws and official acts of the other states.
c. that states may not coin money.
d. that no religious test for public office be required for holding any public
office.
14) In general, the Anti-Federalists
a. feared the power of a strong central government.
b. argued that a president would be become far too powerful.
c. feared the powerful new national government would usurp the individual
rights and liberties of the citizens of the states.
d. All of the above.
15) An example of constitutional modification through social change without
amendment occurred during the Great Depression with the adoption by Congress
and approval by the Supreme Court of
a. the New Deal programs.
b. the doctrine of judicial review.
c. the Supremacy Clause.
d. the declaration of war against Japan.
TRUE/FALSE
1) Thomas Paine’s Common Sense was instrumental in arousing colonists’ support
for the new Constitution.
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2) The Articles of Confederation worked fairly well throughout the Revolutionary
War.
3) The phrase “we the people” is found prominently in the Declaration of
Independence.
4) The political philosopher Montesquieu heavily influenced the Framers of the
Constitution through his writings, which advocated a separation of powers and a
system of checks and balances.
5) Article I, section 8, enumerates the powers of the president to direct and manage
the government of the United States.
6) The Constitution establishes state court systems in Article III.
7) The Bill of Rights was added to the Constitution in part as a way to garner support
from the Anti-Federalists for the ratification of the Constitution.
8) The Federalist Papers were designed to explain the new Constitution and
encourage people to favor ratification.
9) The Twenty-Seventh Amendment gives young people, aged eighteen to twentyone,
the right to vote.
10) The Constitution can only be changed through a formal amendment process.
COMPARE AND CONTRAST
Stamp Act Congress and Committees of Correspondence
the First Continental Congress and the Second Continental Congress
federation and confederation
Articles of Confederation and the U.S. Constitution
Virginia Plan, New Jersey Plan, and the Great Compromise
the three main compromises at the Constitutional Convention: the nature of the
legislature, the executive branch, and representation
Federalists and Anti-Federalists
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methods of amending the Constitution
formal and informal techniques for amending the Constitution
ANSWERS TO STUDY EXERCISES
MULTIPLE CHOICE ANSWERS
1) d
2) a
3) c
4) d
5) b
6) b
7) d
8) d
9) d
10) a
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11) b
12) b
13) d
14) d
15) a
TRUE/FALSE ANSWERS
1) F
2) T
3) F
4) T
5) F
6) F
7) T
8) T
9) F
10) F