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The Living Constitution

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The Living Constitution The Living Constitution TABLE OF CONTENTS FOR THE LIVING CONSTITUTION Preamble 84 “ he Constitution was not made to fit us like a Article 1 84 T Article 2 90 straightjacket. In its elasticity lies its chief greatness.” Article 3 92 President Woodrow Wilson Article 4 94 Article 5 94 Article 6 95 Article 7 95 PURPOSES OF THE CONSTITUTION Bill of Rights 96 Amendments 11–27 98 The official charge to the delegates who met in Philadelphia in Tracing Themes: 1787 was to amend the Articles of Confederation. They soon made Voting Rights 104 a fateful decision, however, to ignore the Articles and to write an Assessment 106 entirely new constitution. These delegates—the “framers”—set Projects for Citizenship 108 themselves five purposes to fulfill in their effort to create an effective constitution. 1. ESTABLISH LEGITIMACY First, the framers of the Constitution had to establish the new CALIFORNIA STANDARDS government’s legitimacy—its right to rule. The patriots’ theory of 11.1.2 Analyze the ideological origins of government was set out in the Declaration of Independence, which the American Revolution, the Founding explained why British rule over the colonies was illegitimate. Now Fathers’ philosophy of divinely bestowed unalienable natural rights, the debates on the framers had to demonstrate that their new government met the the drafting and ratification of the standards of legitimacy referred to in the Declaration. Constitution, and the addition of the Bill of Rights. For the framers of the Constitution, legitimacy had to be based 11.1.3 Understand the history of the on a compact or contract among those who are to be ruled. This is Constitution after 1787 with emphasis on why the Constitution starts with the words “We the people of the federal versus state authority and growing United States . do ordain and establish this Constitution.” democratization. 2. CREATE APPROPRIATE STRUCTURES The framers’ second purpose was to create appropriate structures for the new government. The framers were committed to the principles of representative democracy. They also believed that any new gov- ernment must include an important role for state governments and ensure that the states retained some legitimacy to rule within their borders. To achieve their goals, the framers created the Congress, the presidency, and the judiciary to share the powers of the national government. They also created a system of division of powers between the national government and the state governments. The original manuscript of the Constitution is now kept in the National Archives in Washington, D.C. ▼ 82 THE LIVING CONSTITUTION STITUTION CON PROJECT RESEARCHING A CONSTITUTIONAL QUESTION As you study the Constitution, think about a constitutional question that interests you. Here are some possible questions: •How much, if at all, can the federal gov- ernment or a state government restrict the sale of firearms? •Under what conditions does the president have the power to order American troops into battle without congressional approval? •Under what conditions may a police officer conduct a search of the inside of an auto- mobile? 3. DESCRIBE AND DISTRIBUTE POWER The framers had as their third purpose to describe governmental Once you have chosen a constitutional question, research that question in articles powers and to distribute them among the structures they created. and books on the Constitution. Also check The powers of the legislative branch, which are those of Congress, the indexes of well-known newspapers, such are listed in Article 1, Section 8, of the Constitution. Many of the as the New York Times, for articles that are executive powers belonging to the president are listed in Article 2, relevant. Sections 2 and 3. The courts are given judicial powers in Article 3. The words of Article 4 imply that the states retain authority over many public matters. 4. LIMIT GOVERNMENT POWERS The fourth purpose of the framers was to limit the powers of the structures they created. Limits on the Congress’s powers are found in Article 1, Section 9. Some of the limits on the powers of state governments are found in Article 1, Section 10. There the framers enumerate functions that are delegated to the national government HOW TO READ and so cannot be directed by the states. THE CONSTITUTION The Constitution, which appears on 5. ALLOW FOR CHANGE pages 84–103, is printed on a beige The framers’ fifth purpose was to include some means for changing background, while the explanatory notes the Constitution. Here they faced a dilemma: they wanted to make next to each article, section, or clause certain that the government endured by changing with the times, are printed on blue. Each article is divid- but they did not want to expose the basic rules of government to ed into sections, and the sections are subdivided into clauses. Headings have so many changes that the system would be unstable. So in Article 5 been added and the spelling and punctu- they created a difficult but not impossible means for amending the ation modernized for easier reading. Constitution. Portions of the Constitution no longer in use have been crossed out. The Constitutional Insight questions and answers will help you understand signifi- RESEARCH LINKS CLASSZONE.COM cant issues related to the Constitution. Visit the Constitution links for more information. REVIEW UNIT 83 PREAMBLE The Constitution Constitutional Insight Preamble Why does the Preamble say “We the people PREAMBLE. of the United States . ordain and estab- Purpose of the Constitution lish” the new government? The Articles of We the people of the United States, in order to form a more perfect Confederation was an agreement among the Union, establish justice, insure domestic tranquility, provide for the com- states. But the framers of the Constitution mon defense, promote the general welfare, and secure the blessings of wanted to be sure its legitimacy came from liberty to ourselves and our posterity, do ordain and establish this the American people, not from the states, which might decide to withdraw their support Constitution for the United States of America. at any time. This is a basic principle of the Constitution. ARTICLE 1. The Legislature SECTION 1. CONGRESS All legislative powers herein granted shall be ARTICLE 1 vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Constitutional Insight Section 1 Why does the first article of the Constitution focus on Congress rather than on the presi- SECTION 2. THE HOUSE OF REPRESENTATIVES dency or the courts? The framers were intent 1. ELECTIONS The House of Representatives shall be composed of on stressing the central role of the legislative branch in the new government because it is members chosen every second year by the people of the several states, the branch that most directly represents the and the electors in each state shall have the qualifications requisite people and is most responsive to them. for electors of the most numerous branch of the state legislature. A CRITICAL THINKING 2. QUALIFICATIONS No person shall be a Representative who shall not Do you think Congress is still the branch of the have attained to the age of twenty-five years, and been seven years a federal government that is most directly citizen of the United States, and who shall not, when elected, be an responsible to the people? Why or why not? inhabitant of that state in which he shall be chosen. Constitutional Insight Section 2.1 3. NUMBER OF REPRESENTATIVES Representatives and direct taxes Why are members of the House of shall be apportioned among the several states which may be includ- Representatives elected every two years? ed within this Union, according to their respective numbers, which The House of Representatives was designed shall be determined by adding to the whole number of free persons, to be a truly representative body, with mem- including those bound to service for a term of years, and excluding bers who reflect the concerns and sentiments of their constituents as closely as possible. Indians not taxed, three fifths of all other persons. The actual enu- The framers achieved this timely representa- meration shall be made within three years after the first meeting of tion by establishing two years as a reasonable the Congress of the United States, and within every subsequent term term for members of the House to serve. of ten years, in such manner as they shall by law direct. The number B CRITICAL THINKING of Representatives shall not exceed one for every thirty thousand, Do you think electing members of the House of but each state shall have at least one Representative; and until such Representatives every two years is a good enumeration shall be made, the state of New Hampshire shall be idea? Why or why not? entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Requirements for Holding Federal Office Maryland six, Virginia ten, North Carolina POSITION MINIMUM AGE RESIDENCY CITIZENSHIP five, South Carolina five, and Georgia three. Representative 25 state in 7 years 4. VACANCIES When vacancies happen in the which elected representation from any state, the executive Senator 30 state in 9 years authority thereof shall issue writs of election which elected to fill such vacancies. President 35 14 years in natural-born 5. OFFICERS AND IMPEACHMENT The House of the United States Representatives shall choose their Speaker Supreme Court and other officers; and shall have the sole Justice none none none power of impeachment. 84 THE LIVING CONSTITUTION SECTION 3. THE SENATE 1. NUMBERS The Senate of the United States shall be composed of two Constitutional Insight Section 3.1 Senators from each state, chosen by the legislature thereof, for six Why are members of the Senate elected years; and each Senator shall have one vote.
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