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The Constitution Handbook & the Constitution of the United States

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The Constitution Handbook & the Constitution of the United States erving as the framework of national govern- ment and the source of American citizens’ Guide to Reading S basic rights, the Constitution is the most impor- Big Ideas tant document of the United States. To preserve Government and Society A written contract between the people and their self-government, all citizens need to understand government can preserve natural rights their rights and responsibilities. and allow for change over time. Content Vocabulary • popular sovereignty (p. 120) Major Principles • federalism (p. 120) MAIN Idea The Constitution’s basic principles assure people’s rights • enumerated powers (p. 121) and provide for a balance among the different branches of government. • reserved powers (p. 121) • concurrent powers (p. 122) HISTORY AND YOU If you had to create the rules for a new organiza- • impeach (p. 123) tion, would you give all members an equal voice? Read on to learn how the Constitution refl ects representative government. • bill (p. 124) • cabinet (p. 125) • judicial review (p. 127) The principles outlined in the Constitution were the • due process (p. 127) Framers’ solution to the complex problems of a representative government. The Constitution rests on seven major principles Academic Vocabulary of government: (1) popular sovereignty, (2) republicanism, • grant (p. 121) (3) limited government, (4) federalism, (5) separation of • responsive (p. 129) powers, (6) checks and balances, and (7) individual rights. Reading Strategy Taking Notes As you read about the Popular Sovereignty and Republicanism Constitution, use the major headings of the handbook to fi ll in an outline. The opening words of the Constitution, “We the people,” reinforce the idea of popular sovereignty, or “authority of the I. Major Principles people.” In the Constitution, the people consent to be gov- A. B. erned and specify the powers and rules by which they shall be C. D. governed. E. The Articles of Confederation’s government had few pow- F. II. ers, and it was unable to cope with the many challenges fac- ing the nation. The new federal government had greater powers, but it also had specifi c limitations. A system of inter- locking responsibilities kept any one branch of government from becoming too powerful. Voters are sovereign, that is, they have ultimate authority in a republican system. They elect representatives and give them the responsibility to make laws and run the government. For most Americans today, the terms republic and representative democracy mean the same thing: a system of limited govern- ment where the people are the fi nal source of authority. 120 The Declaration of Independence 120 The Constitution Handbook TTAV©08_ConstAV©08_Const HHandbook.inddandbook.indd 112020 55/14/07/14/07 77:57:36:57:36 AAMM Limited Government authority. The states gave up some powers to the national government but retained others. Although the Framers agreed that the nation This principle of shared power is called feder- needed a stronger central authority, they feared alism. The federal system allows the people of misuse of power. They wanted to prevent the each state to deal with their needs in their government from using its power to give one own way, but at the same time, it lets the group special advantages or to deprive another states act together to deal with matters that group of its rights. By creating a limited govern- affect all Americans. ment, they restricted the government’s authority The Constitution defines three types to specifi c powers granted by the people. of government powers. Certain powers The delegates to the Constitutional belong only to the federal government. These Convention were very specifi c about the pow- enumerated powers include the power to ers granted to the new government. Their deci- coin money, regulate interstate and foreign sion to provide a written outline of the trade, maintain the armed forces, and create government’s structure also served to show federal courts (Article I, Section 8). what they intended. Articles I, II and III of the The second kind of powers are those Constitution describe the powers of the federal retained by the states, known as reserved government and the limits on those powers. powers, including the power to establish Other limits are set forth in the Bill of Rights, schools, set marriage and divorce laws, and which guarantees certain rights to the people. regulate trade within the state. Although reserved powers are not specifi cally listed in Federalism the Constitution, the Tenth Amendment says In establishing a strong central govern- that all powers not granted to the federal ment, the Framers did not deprive states of all government “are reserved to the States.” The Constitution Handbook 121 TTAV©08_ConstAV©08_Const HHandbook.inddandbook.indd 112121 44/16/07/16/07 110:36:070:36:07 AAMM The third set of powers defi ned by the members of both the Senate and the House of Constitution is concurrent powers—powers Representatives vote again to approve the law. the state and federal governments share. They include the right to raise taxes, borrow money, provide for public welfare, and administer Individual Rights criminal justice. Confl icts between state law Ten amendments to the Constitution were and federal law must be settled in a federal approved in 1791 to protect certain basic rights, court. The Constitution declares that it is “the including freedom of speech, religion, and the supreme Law of the Land.” right to a trial by jury. These ten amendments are referred to as the Bill of Rights. Over the Separation of Powers years, 17 more amendments were added to the Constitution. Some give additional rights to To prevent any single group or institution Americans and some modify how the govern- in government from gaining too much author- ment works. Included among them are amend- ity, the Framers divided the federal govern- ments that abolish slavery, guarantee voting ment into three branches: legislative, executive, rights, authorize an income tax, and set a two- and judicial. Each branch has its own func- term limit on the presidency. tions and powers. The legislative branch, Congress, makes the laws. The executive Explaining What are the three branch, headed by the president, carries out branches of government? the laws. The judicial branch, consisting of the Supreme Court and other federal courts, inter- prets and applies the laws. The Federal Government In addition to giving separate responsibility to separate branches, the membership of each branch is chosen in different ways. The presi- dent nominates federal judges and the Senate confi rms the appointments. People vote for The Constitution divides members of Congress. Voters cast ballots for power in three ways: president, but the method of election is indi- rect. On Election Day the votes in each state 1. Between the federal and state governments are counted. Whatever candidate receives a 2. Between three branches of government majority receives that state’s electoral votes, 3. By providing checks and balances which total the number of senators and repre- sentatives the state has in Congress. Electors from all states meet to formally elect a presi- dent. A candidate must receive at least 270 of The Federal System 538 electoral votes to win. Checks and Balances Enumerated Concurrent Reserved The Framers who wrote the Constitution Powers Powers Powers deliberately created a system of checks and Powers enumerated Powers concurrent Powers reserved balances in which each branch of government to national to national and for state can check, or limit, the power of the other government; state governments; governments; for example, for example, for example, branches. This system helps balance the power declaring war the power setting up of the three branches and prevents any one to tax educational branch from becoming too powerful. For system example, imagine that Congress passes a law. The president can reject the law by vetoing it. However, Congress can override, or reverse, the president’s veto if two-thirds of the 122 The Constitution Handbook TTAV©08_ConstAV©08_Const HHandbook.inddandbook.indd 112222 44/16/07/16/07 110:36:100:36:10 AAMM before moving to the president for The Legislative Branch signature. MAIN Idea The Legislative branch makes the Congress also monitors the executive nation’s laws and appropriates funds. branch and investigates possible abuses of HISTORY AND YOU Have you ever written to power. The House of Representatives can your representative to support or oppose a bill? impeach, or bring formal charges against, any Read to fi nd out how Congress makes laws. federal offi cial it suspects of wrongdoing or misconduct. If an offi cial is impeached, the The legislative branch includes the two Senate acts as a court and tries the accused houses of Congress: the Senate and the House offi cial. Offi cials who are found guilty may be of Representatives. Congress’s two primary removed from offi ce. roles are to make the nation’s laws and to The Senate has certain additional pow- decide how federal funds are spent. ers. Two-thirds of the Senate must ratify The government cannot spend any money treaties made by the president. The Senate unless Congress appropriates, or sets aside, must also confirm presidential appoint- funds. All tax and spending bills must origi- ments of federal offi cials such as depart- nate in the House of Representatives and be ment heads, ambassadors, and federal approved in both the House and the Senate judges. Checks and Balances Legislative Branch Judicial Branch • Congress Makes the
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