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Chapter • Section 1 127

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Federalists

Constitution.

was

on

drew

strong

their

officially

were

Yates

isolated

of

system.

were

authorities,

to

still

to

had less

September

saw

be

patriots

not

unhappy

nation’s Confederation

government,

individual

also

the the

in

of

on government

feared

by

behind

own

do?

of

This

effectively

than

closest

united and

monster. wanted

to

convinced

need

a

to

the

national

the

but

united

argued:

a

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figures,

the

presidency,

short

They

promote

major

Antifederalists

included

be

regions

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submitted

to

John

civil

group

had

Constitution

a

the

widespread

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for

fought

done.

the

to

offer.

York,

economic

the

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around

time,

king,

28,

would

a

with

also

liberty

only

liberties.

the

the

concern.

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how-

national

several

Finally,

govern

people.

such

people

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many

leader

picked

1787.

to

where

it.

be

1787

some

wor

had

peo

of

had lead

they

and

but

in

the

tax

to

be

a

A as national Washington. their another. and warned the

The Union] Rebellion. served leadership Convention. the

ton another most lead, government the more

whose power significant, sign large ified Americans as for come new

to ify. December into majority. the

state populated not victories summer Loud

first May position itself thirteen

well.

delay

(3) type war, (4)

Washington’s to state Constitution

Delaware,

Then support.

Yet

honor

Maryland of succeed

activities

line.

through following

quickly.

respected

federal needed

Constitution.

rejected and willing 1790,

to

be

debates

citizens

at

his

The

must The

Finally, his

everyone The

reason,

Washington as

of the group

politicians

states

power,

the

the

New

of in

and

Massachusetts

voted

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commitment

1787

of

“Something and

of states

chaos

Rhode

he

Georgians Federalists countrymen,

vote

and In

both

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1788

first

Federalists to head

defeat fall, June

In to

They

on New could

the

and

became being

Hampshire

to

the

public

and

1786

had year,

wanted

ratify and

in

in

and

accept

Everyone

the

Pennsylvania, a

of

the

in approve had

President.

for knew

of these that

produced nation’s

powerful

quiet

favor 1788,

Jersey,

Island

support

regular

Constitution were

the and who

benefit

January their

All

South

of voluntarily Washington

they

national the

had

the Virginia Federalists

it

the

1787,

figure. been

feared

Georgia

would

the

were

war.

a the is

discouragement.

to the

states.

these could

narrowly maneuvers could must

in

the

New relatively

ninth backing

state Constitution,

national

proved and

readily

the

similarly certainly “or

Federalists

act

expected

from

last November

Carolina

contact greatest

tended idea

crafted

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new

1788. executive. This

Washington

was a

narrow a

new

level.

Connecticut within

erupt

the

until Hampshire war and Constitutional

well-organized not states

point

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Federalists

ratified

state

of

being

given

of

nation had

was agreed had made

his

but

of

voted

government. crucial

government

small fabric coordinate with the

done,”

to

tottering.”

reversed

a New under

they

during with

hero Washing

the

in

ability

the

Federalist and soon

managed foreseen

out

seen

stronger acted

be

Carolina part

reversed George

1789.

During

quickly original

up people

Shays’

Native

to

would

to highly

More

law. local states had

York.

that [the one

final had

and

as

had rat of the had rat

for

the his he

fell

the

to

in

its

In

a a

a

The voting The like rejected the offer Hamilton important twelve to These ten took

Against Bill Constitution

Federalists The amendments. they Convention dom sary. for, the rights So the

protect

why Constitution.

people In

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of states

Massachusetts, In and

of

skills

decided

of

effect

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from

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Bill first The

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constitutional

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the

by

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support

certainly

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factor,

and

citizens’

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close,

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of

themselves?

were

ten saw

on

had

amendments,

the

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a

Constitution message

are

of

of adopt

Members

such

Bill tenth

the

people. men

December

the

turned

amendments the

people

talked

cartoon

no known

however, and

building

Rights

government

1789,

being

had

of

several

Virginia,

rights.

measures

Constitution

the

press,

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need

they amendments

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before Rights

the shows

about the

an

raised.

Constitution. of need

today

84,

Congress

words

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the

impact.

was as tide

and

might

a

and

for

15,

amendments

it

Hamilton

Chapter

the

and the

government Nine

to protecting

became

were

were Madison

to

Constitutional

as

states

the in

in states

1791.

religion. these

Most

protect Constitution, they

to

states

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easily the close the

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Federalist

proposed claim

the

unneces

designed

law.

cartoon?

as

ratified

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quoted

had

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pitlars,

same.

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free their

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and

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to

of,

to

approve •

with

was

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added

nine

a

Bill

the

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upright

3

of

new

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141

the and

142

9th

10th 8th

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onipr

Amendment

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‘haDter

people’s

national

!1terpreItnq

compare

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Constitution? Summarizing

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(c)

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government

right

Jefferson

not

any

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system.

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withheld

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for

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a

3

and

added to

better

and

the public

a

homes

accept

people

able

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serious

express

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the

government;

formation

being

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The

against

Antifederalists.

from

individuals

Bill that

contrast

the

favored

(d)

use

Section3

of

that

that

list the

to

recognition

persons

Constitution

the

freedom

Main

Bill

federal

manner

faction; surrender

a

citizens

tried

the

without

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of

their

(a> is,

person

right

the

right

all

win

of

of

cruel

states

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ratify;

they

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powers

twice

people

rights,

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against

accused

the

crime;

prohibits

views? to

of

to

in

the

and

paying

ratification

must

a

(e)

religion,

bear

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which

created.

are

jury for

keep

Constitution

was

(b)

unusual

have

not

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protects

of

unreasonable

views

held

the

he

be

arms

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of

a

trial

the

Federalist;

intended

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guaranteed

fair

popular

reasoning.

of

accused

a

all

speech,

rights

same

a

argued.

by

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government

crime

in

federal

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punishment

price

were

chart

the

individuals

each

civil

of

of

beyond

crime;

Americans

to

under

the

press,

for by

power.

cases

of

the

searches

government

protect

the

the

to

rights”

but

to

a

right

it

the

the

prohibits

grand

from

those

assembly,

and

Thomas

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against

tried

states,

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insisted

to

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Americans

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taking

and

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jury

stated

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in

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swift

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unfair

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self-incrimination

or

seizures

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their

private

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in and

house

papers. Summarizing

excerpts Analyzing

nation’s

and

at

from

actions

the

bail

petition

courts

the

citizens

fair

being

above.

amendments

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mise

of behind

the

vice. believed

army

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explain

property

the

troops

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trial

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start

by

and

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tried

strong

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end

history.

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from

led

would

the

in

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and

not

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the

a

of

why

them

ctiiy

it

upon

of

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the

the

r

the

overwhelming

Bill

was

the

In

1789,

disband

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from

it

Federalists

Federalist

to

formation

section.

arrest

person

specify

language

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was

pushed

earth,”

against

what

returning protections

unjust

gion

protections

of Madison

home

sador

responded serving

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them Constitution.

to

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rights”

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case

important

victory.

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the j

Jefferson

he

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instance, Jefferson

a

and wanted

be

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the

it

in

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for immediately

without to

turning

to

courts.

for

the

Bill

threw

the

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include

as

could

your

and

one

every

France.

keep

gave

passage

in he

as

people

at

of

home

guaranteed

to

clearer,

United

pressure

ambassador

of

number

for

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written.

to

with

Antifederalist

the

the

the

from

own the

wrote

point

agree

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letter

in. of

Rights

the

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he

abreast

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his

had

government

a

be

ensure

freedom

a

one

from press

unsuccessfully

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time

Bill

are

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Constitutional

bill

trial.

Independence

words.

wanted

Bill

States was

of more

friends

full

“unalienable

held

after

in

armies

not

for

them.

to

date

entitled

of

of

chart

of

of

he

the

line

the

France

of

compro as

of

two

in

that

support

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wrote.

detailed

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specific

in

its

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he

days

of events.

well

in

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urged

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it

back

also

ser

reli

cor

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and

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the

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to

at

to

as

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a a ___

1789 1789 1800 WashingtonJeffersonand 1799 Government takes Hamiltongetkey 1792 Washingtondies; movesinto office governmentposts Washington capitalnamedforhim Washington,D.C. reelected 11785 1790 1795 71800

TueNewGovernment

SECTIONPREVIEW

I Listsome ofthe new leaders of President PresidentWashingtonled the effortto create an Washington’sgovernment,and compareand effectivefederalgovernmentthat wouldearn the contrast the viewsof Jefferson and Hamilton. respect ofthe Americanpeopleand of othernations. 2 Describethe precedents set byWashington. 3 Explainwhyand howthe new capitalof eading Strategy Washington,D.C.,was built. Makingan OutlineMakea list of allthe headingsin 4 KeyTerms Define:inauguration;Cabinet; this section.Asyouread,write downat least one key domestic affairs;administration;precedent. fact undereach heading.

April 30, 1789, a crowd of thousands nation celebrated this peaceful inaugura Onsurrounded , an elegant tion of leaders, difficult tasks lay ahead. building on ’s Wall Street that The infant nation had a huge war debt. It served as the temporary home of the new gov lacked a permanent capital. ft had no fed ernment. From windows and rooftops, people eral officers beyond Washington, Adams, strained to catch a glimpse of the tall figure and the newly elected Congress. with freshly powdered hair that now appeared Immediately, President Washington on the front balcony of the building. began selecting officials to head the Those within earshot listened as George major departments of the executive Washington repeated the oath of office of branch. This group of federal leaders is President of the United States and kissed a called the Cabinet. Besides running their Bible. The crowd roared its approval. own agencies, Cabinet officers advise the The French ambassador observed this President. Aninaugu joyousinauguration, or official swearing-in President Washington selected prominent rationsou ceremony. “Never,” he wrote, “has [a] sover Americans to fill these new posts. Edmund venir eign [a ruler] reigned more completely in the Randolph of Virginia was named Attorney proclaims hearts of his subjects than did Washington in General, the nation’s chief law officer and legal “silenceto thetongue those of his fellow-citizens. . . . He has the soul, adviser. Henry Knox, who had been Secretary look, and figure of a hero united in him.” of War under the Articles of Confederation, thatwill continued in the job under Washington. uttera Washington called on two of the nation’s calumny [insult] most respected patriots to fill his most crucial againstthe Washington had been elected in early 1789by a Cabinet posts. was named to immortal of State, which handles unanimous vote of the new Electoral College. head the Department Washing countries. Alexander (Unanimous means having the agreement of relations with foreign ton.” everyone.) Massachusettspatriot , a Hamilton accepted the job of Secretary of leading Federalist,became VicePresident. Asthe the Treasury.

Chapter ! • Section4 143

144

inauguration.

Washington

buttons

the

buttons

Jefferson

of

choice

What

campaign

1ai,,

offspring

State?

of

Todays

qualities

these

from

Chapter

for

are

a

Secretary

good

Idea

Washington

does

Jstnq

made

near

Jefferson love

most ence,

University

lawyer,

to

inventor,

gifted

t third als’

Federalist. Constitution.

achieved

Independence,

role

Secretary

Thomas

talent joked

White

John

the

Generations

Historjcaf

philosophy,

rights

Jefferson,

S

scene

Charlottesville,

as

famous

President,

of

linguistics,

F.

that public

ever

House

administration

and

Kennedy,

ed

country’s

to

again

several

ing Secretary

1789,

Jefferson

chief

built

and

led

learning

Section

reflect

his

His

great

foreign

to

of

Evidence

the

as

of

Upon

later,

diplomat,

for

dine

him

guests

figures.t

Virginia.

violinist.

Jefferson

is

in

passionate

Yet ambassador

several

later

author

Federalists’

State

Nobel

mathematics,

Federalist

years

was

was

Monticello,

4

Thomas

the

domestic

ate fame

in

and

to

issues.

internal

of

Jefferson

his

the

were

This

is

led

press

Virginia.

hosting

there

nation’s

to

one

Prize

State.

titled

out

homes archaeology.

building,

Besides

Jefferson

A

quickly

He

Jefferson

return

of

painting

yet

the

become

He

plans

him

lover

concern

of

alone.

of

for

winners.

The

made

matters,

the

affairs—that

Jefferson

a to

efforts

greatest

thirty-fifth

eventually

He

when

this

the

supper

a

was

the

for

for

France.

Republican

agricultural

except

became

being

from

of

of

gracious

to

Declaration

had

spotlight,

the

nation’s

contributions

Bill

was

a

himself.

the

architecture,

for

Kennedy

not

to

reception

found

gathering

he Despite

at

as

new

Jefferson’s

President,

when

just

of

a

France

ratify

individu

the

a

had

support

involved

nation’s opposed

planter,

a became

Rights.

writer,

government? Court.

house

is,

spent

most

strict

serv

The

sci

during

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not

the

the

of

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in of

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Culture

the

the

President rule,

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ing

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and

administration,

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came

administration

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eased,

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son

who

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Hamilton

largest

private

Army

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ly

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Department

(now

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precedents

brilliant

role

soon

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agencies

and

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economic

or

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largest

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every to

during

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new

and

never

tradition

secretary

example,

of

department.

Hamilton,

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nation

became

used,

interact

done

Hamilton

the

cause.

believed

‘Washington’s

decision,

Treasury Jefferson

fully

States’ dealing

President

Jefferson

State ly

could labor.

the was

government his the

more

Hamilton,

many a

problems the

man.

of

of

the

politician,

Cabinet?

for

problems

about

the

can

could

or the

really

strong

much-needed

life

President

A

day,

wrong,

adoption

to

to

or

and

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involved

how University)

As

trusted

how

because

said

than

with

executive

sense

closest

He

never

be

General Treasury, other

He

the

also

of

term

an

that

with

headed

his

later

to

accomplish

In

every

it

Jefferson

also

should

followed.

that

to

attention a

and

contrasts

attended

officer

first

a

well

Nobody

each

head

trusted

the

as gentleman

and

Secretary

officials

refer

of

but

govern.

brought

contrast few

went

governmental

the

bring

ally.

of

harshest

southern

in

would

got

becomes

of

of

France,

a

Washington.

duty

the

months,

Washington

action,

branch

politics, he

was

Hamilton

new

office. knew he

in

moral

the of

other?

the

Congress

in

new

the his

to a In

stability.

fairly

wrote

smallest

New

his

much

man

relied

during

himself

the

yet

between

were

A

made

King’s

the

an become

Department

the great

on

government’s

experience

government,

Constitution

head

to

precedent

critics.

government.

an

as

farmer.

slaves.

every

that

Continental

knew.

the

(The intellectual

evil.

even planters

What

bargain

by supporting

who

smoothly.

York

establish

members

Hamilton

a

Jefferson,

eloquent

example,

preferred

served

things. Jefferson

on

and

whole.)

his

the

College

power,

details

United

of to

slavery

Jeffer

one Yet

years,

word

inac

chose

never

City.

was

slave

first

war

the

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free

the

the

is

he

as

of

of

in of Typical of this experimental period was the debate in the Senate over what to call the President. “Your Majesty” was too kingly, yet otahk “Mr. Washington” sounded too plain. A Senate committee suggested “His Highness the President of the United States of America and £RESII1JEiS Protector of the Rights of the Same.” But the 1 House of Representatives rejected that title, and the issue died for the time being. (Today we use the simple and democratic “Mr. President.”) Meanwhile, President Washington, aware be prepared for win is one of the precedents he was setting, worked to of the most effectual inean of establish a tone of dignity in his administra tion. His own appearance and personality preserving peace.” helped. More than six feet tall, Washington —First Annual Address, 1790 made an impressive figure. By nature he was solemn, reserved, and very formal. (‘ eorge Washington was not only the nation’s first Washington was also intensely private. A %.J President, but the person for whom the office was cre man named Gouverneur Morris had found ated. A former Virginiaplanter and surveyor, he had fought this out the hard way: During the in the French and Indian War and had led the Continental Constitutional Convention, some of Morris’s Army during the RevolutionaryWar. Washington’s success ful leadership in the fight for independence made the tall fellow delegates had dared him to put his hand and Imposing 57-year-old easily the nation’s leading public on Washington’s shoulder, According to one figure. account of the incident: Washington was famous too for his honesty, dignity, and self-control, In 1787 the Framersof the Constitution cre AMER14 I “Washington withdrewhis ated the office of President with him in mind, confident that hand, stepped suddenly back, he could be trusted with the enormous powers of the pres [and]fixedhis eye on Morrisfor several minutes idency. Washington backed the Constitution during the withan angryfrown,untilthe latter retreated debate over ratification,and as President he acted with dig abashed,andsoughtrefugeinthe nity and restraint, thus easing many people’s fears about the new government. Throughout his first term Washington Washington could not, however, make the new gov remained a popular figure, and in 1792 he won ernment universally popular. Many Americans distrusted unanimous reelection, Reluctantly, he accept the new, stronger government and disliked Alexander ed. As you will read in the next section, his sec Hamilton’s economic plans. Washington’s pro-British for ond administration would prove to be more eign policy angered those Americans who thought the difficult, marked by criticism and controversy. United States should support Franceinstead. Convinced that During his eight years in the capital, Washington was leading the nation away from the ideals of Washington lived in grand style. Soldiers escort the Revolution, these opponents rallied behind Thomas ed his carriage, which was pulled by a team of Jefferson, who had resigned as secretary of state in 1793. six horses, The President and his wife, Martha, Washington tried to keep the nation politicallyunited under held regular Friday afternoon parties to enter his leadership, but ultimately, divisions occurred. Offended tain government officials and ambassadors. and tired, in 1796 he refused to run for a third term. Every year, government officials celebrated the When Washington died in 1799, Americans put aside President’s birthday with elaborate ceremonies. the bitter conflicts of his presidency. They remembered Washington believed that such pomp was instead his years of steadfast service to the nation, first as a necessary to command the respect of the general fighting a difficultwar and later as a President seek American public and the rest of the world. To ing a workable balance between order and liberty. some people, however, such activities made Washington seem like a king with a lavish court. Conneetmrc tc Todi The need to make the government appear Do you believe that characteristics such as dignity and both powerful and democratic at the same restraint are as important for American Presidents today as time presented quite a challenge. Yet such they were in Washington’s era? Explainyour answer. issues were important because they would set precedents for generations to come,

Chapter • Section 4 145

L.

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146

SECTION

3.

2.

1. Chaoter

the

Government center

gram

creating Summarizing

Organizing tration;

President (b)

Key

wilderness,

The

drab

Cabinet; United

center

Terms

with

near

might square-mile planned

decade,

Philadelphia.

year. to

grand A

could

1790. Capitol

$

surroundings.

(e)

a

States

new

the

circle.

Washington

3

respected

REVIEW

Establlshing

That

precedent.

Washington’s

In

(c)

Style,

be

It

but

in

equal

In

capital

Define:

government formation

nation

specified

1800

needed

domestic

while

labeled

and

the

effort

its

The

Section

1790

and

stretch lavishness

the

was

Culture

built.

circles

government?

cities.

Main

(a)

There

an

needed

began

a

National

Government

beauty

a

carry

4

no

that

the

inauguration;

brand-new

impressive

affairs;

New

home

of

more

Create

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during

coming New

stood

land

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be be be Section 3. Senate 1.Composition; Term The Senateofthe United Statesshallbe ClauseI Eachstatehas twosenators.Senatorsservefor composedof two senatorsfrom eachstatecho3cnby thc lcgi3 six-yearterms.TheSeventeenthAmendmentchangedthe laturc thcrcof, for sixyears, and each senator shall have one waysenatorswereelected. vote.

2. Classification;FillingVacanciesImmediatelyaftertheyshall Clause2 Everytwoyears,onethirdofthesenatorsrunfor be assembledin consequenceof the first election,they shallbe reelection.Thus,the makeupofTheSenateis nevertotally dividedas equallyas may be into three classes.The seatsof the changedbyanyoneelection.TheSeventeenthAmendment senatorsof the firstclassshallbe vacatedat the expirationofthe changedthe way of fillingvacancies,or emptyseats. secondyear,of the secondclassat the expirationof the fourth Today,thegovernorofa statemustchoosea senatortofill year, and of the third classat the expirationof the sixthyear.so a vacancythatoccursbetweenelections. that onethird maybe choseneverysecondyear;and if vacancic3 happcnbyrcoignation,or othcrwisc,duringthc rcccooofthclcg islaturcof anyStatc,thc cxccutivcthcrcofmay mukctcmporary appointmcntountil thc next mccting of the lclaturc, which shallthcn fillsuchvacancic.

3. Qualifications No person shallbe a senator who shall not Clause3Asenatormuatbeatleast30yearsold,anAmer have attained to the age of thirty years,and been nine yearsa icancitizenfor9years,andaresidentofthestateheorshe citizenofthe United States,and whoshallnot, whenelected,be represents. an inhabitantof that state for whichhe shallbe chosen,

4. President of the Senate The VicePresidentof the United Clause4 TheVicePresidentpresidesoverSenatemeet Statesshallbe president of the Senate,but shallhave no vote, idpsheheanvoteonytobreakab unlesstheybe equallydivided.

5, Other Officers The Senateshallchoosetheir other officers, CIause5 Pro omiseans temporary.TheSenate and also a president pro tempore,in the absenceof the Vice shoosesoneofbmembeaspresiderRgo tern President,or when he shallexercisethe officeof the President porewhentheVicePresidentisabsent of the UnitedStates.

6. Impeadunent Trials The Senateshall havethe solepower Clause6TheSenateactsasaju,ylftheHouseimpeach to try all impeachments.When sitting for that purpose, they esafederaloffidal,TheCblefjusticeeftheSupremeCourt shall be on oath or affirmation, When the President of the presidesIfthePresidentIsontrlatTwothirdsof allsena United Statesis tried, the Chief Justiceshall preside; and no tors present must vote for convIction,or findingthe person shall be convicted without the concurrence of two accusedguilty.t4oPresidenthas everbeenconvicted.The thirds of the members present. HouseimpeachedPresidentAndrewJohnsonin1868,but theSenateacquittedhimofthecharges.In1974,President RichardNixonresignedbeforehe couldbe impeached.

7. Penalty on Conviction Judgmentin casesof impeachment Clause7 Ifanofficialis foundguiltybytheSenate,he or shallnot extend further than to removalfrom office,and dis she can be removedfromoffIceand barredfromholding qualificationto hold and enjoy any officeof honor, trust or federalofficeinthefuture.Thesearetheonlypunishments profit under the United States:but the party convictedshall theSenatecanimpose.However,theconvictedofficialcan neverthelessbe liable and subject to indictment, trial, judg stillbetriedina criminalcourt ment, and punishment, accordingto law.

Section 4. Elections and Meetings

1. Election of Congress The times, places, and manner of Clause1 Eachstatelegislaturecandecidewhenandhow holdingelectionsfor senatorsand representatives,shallbe pre congressionalelectionstakeplace,butCongresscanover scribedin eachstatebythe legislaturethereof;but the Congress rulethesedecisions.In1842,Congressrequiredeachstate may at any time by lawmake or alter such regulations,except to set up congressionaldistrictswithone representative as to the placesof choosingsenators, electedfromeachdistrictIn1872,Congressdecidedthat congressionalelectionsmustbeheldIneverystateonthe samedateIneven-numberedyears.

2. Sessions The Congressshallassembleat leastonce in every Clause2 Congressmustmeetat leastoncea ye&The year,and suchmeetingohallbc on the firstMondayin Dcccm TwentiethAmendmentmovedthe openingdate of Con her, unlci they 3hallby lawappoint a diffcrcntday. gresstoJanuary3. Section 5. Legislative Proceedings Clause1 Eachhousedecideswhethera memberhasthe 1.Organization Each house shall be the judge of the elections, qualificationsforofficeset bythe Constitution.Aquorum returns, and qualificationsof its own members, and a majority is the smallestnumberofmemberswhomustbe present of each shall constitute a quorum to do business; but a smaller forbusinessto be conducted.Eachhousecanset itsown number may adjourn from day to day, and may be authorized rulesaboutabsentmembers. to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Clause2 Eachhousecan makerulesforthe conductof 2. Rules Each house may determine the rules of its proceed members.Itcanonlyexpela memberbya two-thirdsvote. ings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.

Clause 3 Eachhousekeepsa recordofitsmeetings.The 3. Record Each house shall keep a journal of its proceedings, CongressionalRecordispublishedeverydaywithexcerpts and from time to time publish the same, excepting such parts from speeches made in each house. It also recordsthe as may in their judgment require secrecy;and the yeasand nays votesofeach member. of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. Clause4 Neitherhousecanadjourn or stopmeeting,for 4. Adjournment Neither house, during the session of Con morethan three days unlessthe otherhouseapproves. gress,shall,without the consent of the other, adjourn for more BothhousesofCongressmustmeetinthe samecity. than three days,nor to any other place than that in which the two houses shallbe sitting.

Section 6. Compensation, Immunities, and Disabifities of Members Clause1 Compensationmeanssalary.Congressdecides 1.Salaries; Immunities The senators and representativesshall thesalaryforitsmembers.WhileCongressis insession,a receivea compensation for their services,to be ascertained by memberis freefromarrestin civilcases and cannotbe law, and paid out of the Treasury of the United States. They suedforanythingheorshesaysonthefloorofCongress. shall in all cases, except treason, felony, and breach of the Thisallowsforfreedomofdebate.However,a membercan peace, be privilegedfrom arrest during their attendance at the be arrestedfora criminaloffense. session of their respectivehouses, and in going to and return ing from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

Clause 2 Emolumentalso meanssalary.A memberof 2. Restrictions on Other Employment No senator or repre Congresscannotholdanotherfederalofficeduringhis or sentative shall, during the time for which he was elected, be her term.Aformermemberof Congresscannot holdan appointed to any civilofficeunder the authority of the United officecreatedwhilehe or she was inCongress.Anofficial States, which shall have been created, or the emoluments in another branch of governmentcannot serve at the whereof shall have been increased during such time; and no sametimeinCongress.Thisstrengthensthe separationof person holding any office under the United States shall be a powers. member of either house during his continuance in office.

Section 7. Revenue Bifis,President’s Veto Clause 1 Revenueis moneyraised by the government 1. Revenue Bills Allbills for raising revenue shall originate in throughtaxes.Taxbillsmust be introducedinthe House. the House of Representatives;but the Senate may propose or TheSenate,however,can makechangesintax bills.This concur with amendments as on other bills. clauseprotectsthe principlethat peoplecan be taxedonly withtheirconsent

Clause 2 A bill, or proposedlaw,that is passed by a 2. How a Bill Becomes Law the Veto Every bill which shall majorityofthe Houseand Senateis sentto the President. have passed the House of Representativesand the Senate shall, Ifthe Presidentsignsthe bill,itbecomeslaw. before it become a law, be presented to the President of the Abillcan alsobecomelawwithoutthe President’ssig United States;if he approve, he shall sign it, but if not, he shall nature.ThePresidentcan refusetoactona bill.IfCongress return it, with his objections,to that house in which it shallhave is insessionat the time,the billbecomeslaw10daysafter originated,who shallenter the objectionsat largeon their jour the Presidentreceivesit. nal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, it of the votes

shall entered

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4. Apportiomnent of Direct Taxes No capitation, or othcr Clause4 Acapitationtaxis a taxplaceddirectlyoneach dircct, tax shallbe laid, unlessin proportion to the censusor person.Directtaxesaretaxeson peopleoronland.They enumeration herein beforedirectedto be taken. can be passedonlyiftheyare dividedamongthe states according to population.The Sixteenth Amendment allowedCongresstotaxincomewithoutregardtothepop ulationofthestates.

5. Taxeson Eorts No tax or duty shall be laid on articles Clause5 ThisclauseforbidsCongressto taxexports.In exported from any state. 1787,southernersinsistedon this clausebecausetheir economydependedonexports.

6. SpecialPreference for Trade No preferenceshall be given ClauseBCongresscannotmakelawsthatfavoronestate by any regulationof commerceor revenueto the ports of one overanotherintradeandcommerce.Also,statescannot state overthose of another; nor shallvesselsbound to, or from, placetariffsoninterstatetrade. one state,be obligedto enter, clear,or pay dutiesin another,

7. Spending No money shallbe drawn from the Treasury,but Clause7 Thefederalgovernmentcannotspendmoney in consequenceof appropriations made by law;and a regular unlessCongress propriatestt,orpassesa lawallowing statement and account of the receiptsand expendituresof all it.ThisclausegivesCongressan importantcheckonthe public moneyshallbe publishedfrom time to time. Presidentbycontrollingthe moneyhe orshecanspend. Thegovernmentmustpublisha statementshowinghowit spendspublicfunds.

8.Titles of Nobility No titleof nobilityshallbe grantedby the Clause8 Thegovernmentcannotawardtitlesofnobility, United States;and no person holding any officeof profit or suchas DukeorDuchess.Americancitizenscannotaccept trust under them, shall,without the consent of the Congress, titlesofnobilityfromforeigngovernmentswithoutthecon accept of any present, emolument, office,or title, of any kind sentofCongress. whatever,from any king,prince or foreignstate.

Section 10,Powers Denied to the States 1. Unconditional Prohibitions No state shall enter into any ClauseI ThewritersoftheConstitutiondidnotwantthe treaty, alliance,or confederation;grant letters of marque and states to act likeseparatenations.So they prohibited reprisal;coin money; emit bills of credit; make any thing but statesfrommakingtreatiesorcoiningmoney.Somepow gold and silvercoin a tender in payment of debts;passanybill ersdeniedtothefederalgovernmentarealsodeniedtothe of attainder, expostfacto law,or law impairing the obligation states.Forexample,statescannotpassexposttactolaws. of contracts,or grant any titleof nobility. 2. Powers Conditionally Denied No state shall, without the ClausesZ 3 Powerslistedhere are forbiddento the consent of the Congress,layany imposts or duties on imports states,hutCongresscanlifttheseprohibitionsbypassing or exports, except what may be absolutelynecessaryfor exe lawsthatgivethesepowerstothestates, cuting itsinspectionlaws;and the net produce of alldutiesand Clause2forbIdsstatesfromtaxingimportsandexports imposts,laidbyany stateon imports or exports,shallbe forthe withoutthe consent of Congress.States may charge use of the Treasuryof the United States;and allsuch lawsshall inspectionfees on goodsenteringthe states.Anyprofit be subjectto the revisionand control of the Congress. fromthesefeesmustbeturnedoverto theUnitedStates Treasury. 3. Other Denied Powers No stateshall,without the consentof Clause3 forbidsstatesfromkeepingan armyornavy Congress,layanydutyoftonnage,keeptroops,or shipsofwarin withoutthe consentof Congress.States cannotmake time ofpeace,enter into anyagreementor compactwithanoth treatiesordedarewarunlessanenemyinvadesorisabout er state,or witha foreignpower,or engagein war,unlessactual toinvade. lyinvaded,or insuchimminentdangeraswillnotadmitofdelay. Article II, Executive Branch Section 1.President and Vice President 1.Chief Executive; Term The executivepower shall be vested ClauseI ThePresidentis responsibleforexecuting,or in a Presidentofthe UnitedStatesofAmerica.He shallhold his carryingout,lawspassedbyCongress.

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So is Section 4. Impeachment

Civilofficers includefederaljudges and membersofthe The President, Vice President and all civilothcers of the Unit Cabinet.High crimes are majorcrimes.Misdemeanors ed States, shall be removed from office on impeachment for, are lessercrimes.ThePresident,VicePresident,andothers and conviction of, treason, bribery, or other high crimes and can be forcedoutofofficeifimpeachedandfoundguiltyof misdemeanors. certain crimes.AndrewJohnson and BillClintonare the onlytwoPresidentsto havebeenimpeached.

Section 1. Courts, Terms of Office

Judicialpower meansthe rightofthecourtstodecidelegal The judicial power of the United States shall he vested in one cases.TheConstitutioncreatesthe SupremeCourtbut lets Supreme Court, and in such inferior courts as the Congress CongressdecideonthesizeoftheSupremeCourt,Congress m vi from time to time ordain and establish The judges both has the powerto set up inferior,or lowe courts.TheJudi of the Supreme and inferior courts, shallhold their officesdur ciaryActof 1789 set up a system of districtand circuit ing good behavior, and shall, at stated times, receive for their courts,orcourtsofappeal.Allfederaljudgesserveforlife. services,a compensation. which shall not be diminished dur ing their continuance in office.

Section 2. Jurisdiction

Clause 1 Jurisdiction refersto the rightofa courtto hear 1.Scope of JudicialPower The judicialpower shallextend to all a case. Federalcourts have jurisdictionover cases that cases,in lawand equity,arisingunder this Constitution, the laws involvethe Constitution,federal laws, treaties, foreign of the United States,and treatiesmade, or which shallbe made, ambassadorsanddiplomats,navaland maritimelaws,dis under their authority;—toallcasesaffectingambassadors,other agreementsbetweenstates or betweencitizensfromdif publicministersand consuls;—toallcasesof admiraltyand mar ferentstates, and disputesbetweena state or citizenand itime jurisdiction;—tocontroversiesto which the United States a foreignstate or citizen. shall be a party;—to controversiesbetween two or more states; In Marburyv Madison,the SupremeCourtestablished betweena tatc and eitizcn of another tutc; —betweencitizens the rightto judgewhethera lawis constitutional. of different states;—betweencitizensof the same state claiming lands under grantsof differentstates nd betweena state or the citizensthereof,and foreignstates,citizens,or subjects.

Clause 2 Originaljurisdiction means the power of a 2. Supreme Court In all cases affecting ambassadors, other court to hear a case where it first arises.The Supreme public ministers and consuls,and those in which a state shallbe Courthas originaljurisdictionoveronlya fewcases, such a party,the SupremeCourt shallhaveoriginaljurisdiction.In all as those involvingforeign diplomats.More often, the the other casesbeforementioned, the SupremeCourt shallhave SupremeCourtacts as an appellatecourt.Anappellate appellate jurisdiction,both as to lawand fact, with such excep court does not decideguilt.It decideswhetherthe lower tions, and under such regulationsas the Congressshallmake. courttrialwas properlyconductedand reviewsthe lower court’sdecision.

Clause3 Thisclauseguaranteesthe rightto a jurytrialfor 3. Trial by Jury The trial of all crimes, except in cases of anyoneaccusedofa federalcrime.Theonlyexceptionsare impeachment, shall be by jury; and such trial shall be held in impeachmentcases. The trial must be held in the state the state where the said crimes shall have been committed; hut wherethe crimewas committed. when not committed within any state, the trial shallbe at such placeor placesas the Congress may by law have directed.

Section 3. Treason 1. Definition Treason against the United States shall consist Clause 1 Treasonis clearlydefined.An overt act is an against them, or in adhering to their ene actualaction.Apersoncannotbe convictedoftreasonfor only in levyingwar aid and comfort. No person shall be con whatheorshe thinks.Apersoncan beconvictedoftreason mies, giving them treason unless on the testimony of two witnesses to onlyifhe orshe confessesortwowitnessestestifyto it. victed of the same overt act, or on confession in open court. the Clause 2 Congresshas the powerto set the punishment 2. Punishment The Congress shall have power to declare work fortraitors.Congressmaynot punishthe childrenof con punishment of treason, but no attainder of treason shall the life of the victedtraitorsbytakingawaytheircivilrightsor property. corruption of blood or forfeiture except during person attained.

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of of tives in Congress, the executiveand judicial officersof a state, House.Thisprovisionhas neverbeen enforced. or the members of the legislature thereof, is denied to any of Despitethisclause,blackcitizenswere oftenprevent the male inhabitants of such state, being twenty-one years of ed fromvoting.Inthe 1960s,federallawswere passedto age, and citizens of the United States, or in any way abridged, endvotingdiscrimination. except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizensshallbear to the whole number of male citizenstwenty-one years of age in such state.

Section 3. Former Confederate Officials No person shall be a FourteenthAmendment,Section 3 Thissectionprohibit senator or representative in Congress, or elector of President ed peoplewhohadbeenfederalorstate officialsbeforethe and Vice President, or hold any office, civilor military, under CivilWarand whohadjoinedthe Confederatecause from the United States, or under any state, who, having previously servingagainas governmentofficials.In 1872,Congress taken an oath, as a member of Congress, or as an officer of the restoredthe rightsofformerConfederateofficials. United States, or as a member of any state legislature,or as an executive or judicial officerof any state, to support the Consti tution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each house, remove such disability.

Section 4. Public Debt The validity of the public debt of the Fourteenth Amendment,Section4 Thissectionrecog United States, authorized by law, including debts incurred for nizedthat the UnitedStates must repayitsdebtsfromthe payment of pensions and bounties for servicesin suppressing CivilWar.However,itforbadethe repaymentofdebtsofthe insurrection or rebellion, shall not be questioned. But neither Confederacy.This meant that people who had loaned the United Statesnor any state shall assume or pay any debt or moneytothe Confederacywouldnotbe repaid.Also,states obligation incurred in aid of insurrection or rebellion against were notallowedto payformerslaveownersforthe loss the United States,or any claim for the loss or emancipation of ofslaves. any slave; hut all such debts, obligations and claims shall be held illegaland void.

Section 5. Enforcement The Congress shall have power to Fourteenth Amendment,Section 5 Congresscan pass enforce, by appropriate legislation,the provisionsof this article. lawsto carryoutthis amendment.

Fifteenth Amendment (1870) Right to Vote—Race, Color, Servitude FifteenthAmendment,Section 1 Previousconditionof Section 1. Extending the Right to Vote The right of citizensof servitude refersto slavery.Thisamendmentgaveblacks, the United States to vote shall not be denied or abridged by the bothformerslavesandfree blacks,the rightto vote.Inthe United Statesor by any state on account of race, color, or pre grandfatherclauses,lit vious condition of servitude. late 1800s,southernstates used eracytests, and polltaxesto keepblacksfromvoting.

Section 2. Enforcement The Congress shall have power to FifteenthAmendment,Section2 Congresscan pass laws enforce this article by appropriate legislation. to carryout this amendment.TheTwenty-fourthAmend mentbarredthe use ofpolltaxes innationalelections.The Sixteenth Amendment VotingRightsActof1965gavefederalofficialsthe powerto (1913) Income Tax registervoterswheretherewas votingdiscrimination. The Congress shall have power to lay and collect taxes on LSixteenthAmendment Congresshasthe powertocollect incomes, from whatever source derived, without apportion taxeson people’sincome.Anincometax can be collected ment among the several states, and without regard to any cen withoutregardto a state’s population.This amendment SOS or enumeration. changedArticle1,Section9, Clause4.

Seventeenth Amendment (1913) Popular Election of Senators Section 1. Method of Election The Senateof the United States ISeventeenth Amendment, Section 1 This amendment shall be composedof two senators from each state, elected bythe modifiedArticle1,Section3,Clause1.Beforeitwasadopt people thereof, tor sixyears and each senator shall have one vote. ed, state legislatureschose senators. This amendment

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I This cartoon appeared during BillClinton’s presidentialadministration. Clinton is the figureon the left.(a) What doesthe figureon the right represent?(b) How do you know? 2. Note the scene.(a) What activityare the two figuresengagedin? (b) What happens if one figurelets go of the rope he is holding? 3. What comment does this cartoon make on the separation of powers and federal system of checks and balances?

CR T CAL THINKfN 1. Recognizing Cause and Effect Which Article and Section of the Constitution describe the infamous Three-Fifths Compromise? Why has that part of the Constitution been struck out? 2 Identifying Assumptions Why, do you think, are the qualifications for the Senate ncnuim’ a a more strict than those for the House? Fo yo o t’ POP 3. Drawing Conclusions Do the American PREPARE A RE voters directly elect the President? Explain AccessPrenticeHall’sAmerica:PathwaystothePresentsite your answer. at www.Pathways.phschool.comfor the specificURL to 4. Expressing Problems Clearly Though the complete the activity. Additional resourcesand related Constitution limits the terms of Congress Websitesarealsoavailable. and the President to a specificnumber of Use the links to find the text of the United States state’s the years, it does not set such a limit for fed Constitutionand your constitution. Compare eral judges. Why do you think this is so? Preamble of the national Constitution to your state’s. How do they compare in spirit? In language?Write a Demonstrating Reasoned Judgment 5 brief report analyzing the similarities and differences Restate the First Amendment in your own betweenthe two. words. 6. Making Comparisons Which constitu tional amendment do you believe is the most important? Justifyyour choice.

1. Organizing a Class Debate Hold a class constitutional issue, such as an important debate on the following resolution: Resolved, court case.Then prepare a five-minute oral that the Constitution be amended toprovide report in which you (a) provide the back for a single,six-year term of officefor the ground of the issue, (b) describe the out President, with no eligibilityfor reelection. come, and (c) analyze the importance of the To organize the debate, divide the class into issue. two equal teams. The debate should begin 3 Creating a Time Line Connect several sheets with a five-minute presentation by each of construction paper end-to-end. Then cre team, after which team members are free to ate a time line showing all 27 amendments rebut the other team’s arguments. to the Constitution. For each amendment, 2 Reporting on Constitutional Issues Find a include the year in which it was ratified and current newspaper story that concerns a a brief description of the amendment.

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