Elastic and Unwritten and Differing Points of View US History/Napp Name: ______

Do Now: “Scholars have called the U.S. Constitution a living document because it is flexible enough to change with the times. Our constitutional system may be changed in two ways: (1) by formal amendment and (2) by informal adjustments and decision making.

Article V of the Constitution describes the formal procedures for proposing and ratifying amendments. Although several procedures may be used, the most common of them involves two steps:

Step One: Congress proposes an amendment by a two-thirds vote of each house.

Step Two: The proposed amendment is considered by the legislatures of the states. If approved or ratified by at least three-fourths of the states, the amendment is added to the Constitution.

The Constitution is a flexible, living document not only because it can be changed by formal amendment but also because it allows informal methods of change. Congress would be unable to cope with changing times if it were not for the elastic clause (or ‘necessary and proper’ clause) in Article I of the Constitution. Thanks to this clause, Congress is empowered to legislate on a vast number of subjects that were unknown when the Constitution was written.” ~ U.S. History and Government Questions: 1- Why do scholars call the U.S. Constitution a living document? ______2- What are two ways that the U.S. Constitution can be changed? ______3- What branch of government proposes an amendment? ______4- What vote in Congress is required to continue the amendment process? ______5- What ratio of state legislatures must approve the proposed amendment? ______6- Define elastic. ______7- What is another name for the elastic clause? ______8- What does the elastic clause allow Congress to do? ______9- Why is it significant that the Constitution has a process for change? ______10- Why must the Constitution sometimes change? ______11- Can you identify an amendment of the U.S. Constitution? ______Analyze the following diagram: Adapted from regentsprep.org

The Unwritten Constitution

The “Unwritten Constitution” refers to the ideas and processes that are accepted as a needed part of American government, regardless of the fact that they are not actually in the Constitution. These ideas and processes came about through the custom and precedent. Political Parties: Congressional Committees:

Political parties are as Congressional committees old as the Constitution have been referred to as the itself; however the “backbone of Congress”. document makes no rules to govern them. However, the system by which the majority of the The first political parties work in Congress is arose from the debates accomplished is not defined over Constitutional in the Constitution. ratification (the Federalists Party lead by The work of Congress soon Alexander Hamilton and became so vast, that it the Democratic- became essential to the Republicans headed by governing of the nation, to Thomas Jefferson). divide the work of legislating into specialized It quickly became clear committees. that political parties were to be the major These committees in both forces in shaping the House and the Senate American politics and by serve to first consider necessity rules and laws specific legislation on topics were established for such as the military (armed their regulation, with no services committee), foreign basis in the Constitution. policy (foreign relations committee) or spending (appropriations committee) before passing bills onto the entire House or Senate for consideration.

1- Which presidential action is an example 6- The elastic clause of the United States of the use of the unwritten constitution? Constitution gives Congress the power to (1) signing a law passed by Congress (1) “Make rules for the government and (2) calling a meeting of the cabinet regulation of the land and naval forces…” (3) ordering the navy to patrol the Persian (2) “Regulate commerce with foreign Gulf nations, and among the several states, and (4) nominating a federal court judge with the Indian tribes…” (3) “Lay and collect taxes, duties, imports 2- The major benefit of having the elastic and excises…” clause in the United States Constitution is (4) “Make all laws which shall be necessary that it and proper for carrying into execution the (1) allows the government to respond to foregoing powers…” changing conditions (2) protects the rights of racial minorities 7- A major purpose of the president’s (3) prevents one branch of government from cabinet is to becoming too powerful (1) offer advice on important issues (4) establishes a postal service (2) nominate ambassadors (3) conduct impeachment trials 3- Which presidential action is an example (4) regulate the amount of money in of the use of the unwritten constitution? circulation (1) holding a cabinet meeting at the White House 8- Which heading best completes the partial (2) submitting a treaty to the Senate for outline below? ratification (3) nominating an ambassador to France I. ______(4) vetoing a bill passed by Congress A. National nominating conventions B. Political parties 4- The establishment of the president’s C. Congressional committees cabinet as part of the United States government was the result of a (1) Articles of Confederation (1) law passed by Congress (2) Constitutional Compromises (2) constitutional amendment (3) Jeffersonian Democracy (3) precedent started by George Washington (4) Unwritten Constitution (4) ruling of the United States Supreme Court 9- The creation of the presidential cabinet and political parties are examples of 5- The amendment process was included in (1) the unwritten constitution the Constitution to (2) separation of powers (1) allow for change over time (3) the elastic clause (2) expand powers of the president (4) judicial review (3) increase citizen participation in government (4) limit the authority of the United States Supreme Court

10- Extending the right to vote in national 14- Which action is considered part of the elections to formerly enslaved African unwritten constitution? Americans, women, and all citizens at least (1) ratification of a treaty by the Senate eighteen years old was accomplished (2) formation of the first two political through parties (1) constitutional amendments (3) creation of a system of federal courts (2) congressional laws including the Supreme Court (3) presidential executive orders (4) presidential veto of a bill passed by (4) Supreme Court decisions Congress 11- Which action is an example of the 15- To provide for change, the authors of unwritten constitution? the United States Constitution included the (1) Formation of the first cabinet by amendment process and the President George Washington (1) commerce clause (2) Admission of Vermont and Kentucky as (2) elastic clause states (3) supremacy clause (3) Enforcement of the Alien and Sedition (4) naturalization clause Acts by President John Adams (4) Declaration of war by Congress in 1812 16- Which role of the president is considered part of the unwritten constitution? 12- Which idea did the Founding Fathers (1) nominating federal judges include in the Constitution that allows (2) signing or vetoing legislation Congress to meet the needs of a changing (3) acting as the leader of his political party society? (4) serving as commander in chief of the (1) federalism armed forces (2) separation of powers (3) the elastic clause 17- The development of political parties and (4) States rights of the committee system used in Congress illustrates the application of 13- Which heading best completes the (1) constitutional amendments partial outline below? (2) federal legislation I. ______(3) the unwritten constitution A. Political parties (4) Supreme Court decisions B. Committee system in Congress C. Judicial review 18- The necessary and proper clause, the D. President’s cabinet amendment process, and the unwritten constitution are evidence that our (1) Unwritten Constitution constitutional system of (2) Constitutional Amendments government provides for (3) Electoral Process (1) popular sovereignty (4) Checks and Balances (2) equal representation (3) flexibility (4) ratification

Two Views on the Constitution:

Strict Constructionist Loose Constructionist

Held that the Constitution should be read Held that the Constitution, and specifically literally and that the elastic clause should be the elastic clause, should be read broadly used only for expanding the powers of and that the framers had intended the Congress in cases where the expansion is clause to mean that Congress should have absolutely necessary. the ‘proper’ powers resulting from its other powers. Questions: 1- What did Strict Constructionists believe regarding the Constitution and the elastic clause? ______2- What did Loose Constructionists believe regarding the Constitution and the elastic clause? ______3- Analyze the following political cartoon:

a) The Second Amendment states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. b) Explain the meaning of the political cartoon. ______Strengths and Weaknesses of Our Constitutional System:

“How can we explain the remarkable fact that a constitution created more than 200 years ago is still the basis for one of the most successful and stable governments in the world? Some reasons are as follows:

*The Constitution is a brief and flexible set of guidelines, allowing the government to adapt to change. Thus, each generation has been able to interpret the Constitution in terms of changing needs and conditions. At the same time, the traditional values and principles of the Constitution are still respected.

*The Preamble emphasizes that the Constitution is a document of the people, not of the states.

*The principles of separation of powers and checks and balances have helped to block the possibility of one of the three branches wielding absolute power.

*The Bill of Rights has served to protect individual liberties.

*Amendments to the Constitution have extended voting rights to all groups in the adult population.

Although the original Constitution had many strengths, it has been criticized for its omissions with regard to equality. These criticisms include the following:

*The Constitution failed to guarantee that women receive equal treatment, including the right to vote. Other rights denied to women were the right to hold property in their own name, and the right of women to be the legal guardians of their own children.

*Although African Americans had fought in the Revolutionary War, the Constitution failed to abolish slavery.

*The Constitution failed to guarantee the right to vote to all white males, many of whom were denied that right by states that maintained property qualifications for voting.” ~ U.S. History and Government Questions: 1- Why has the Constitution survived as the basis of government for over 200 years? ______2- What does the Preamble emphasize? ______3- What prevents one of the three branches of government from wielding absolute power? ______4- What does the Bill of Rights protect? ______5- What did the original Constitution omit? ______