Post by Lestat on Sept 16, 2008 20:39:13 GMT -4
THE US CONSTITUTION
Available at: www.constitutioncenter.org
Directions: AP US Government - read the US Constitution and complete the following questions directly on this handout. This assignment is due September _17_. This assignment is worth 50 points.
PART I: THE OVERALL STRUCTURE OF THE CONSTITUTION
1. Read each article of the Constitution. Summarize the general purpose or subject of each article in one sentence in the chart below.
Article I It establishes the Legislative branch, congress, including the House of Representatives and Senate, the manner of election and qualifications of members of each house and it limits the state legislative powers.
Article II It describes the presidency, which includes the powers of office and qualifications and procedures for the election of the president. It establishes the rule of the Vice President and contains a clause that allows the impeachment of constitutional officers.
Article III It describes the court system, which includes the Supreme Court as well as requires the supreme court. It also requires a trial by jury in all criminal cases and defines treason and charges congress with providing a punishment.
Article IV It defines the relationship between the state and federal government. The privileges and immunities clause prohibits discrimination against fellow states.
Article V It describes the process of amending the Constitution. It provides for 2 methods of amending the constitution. It also sets broad limits on amending the Constitution.
Article VI It establishes the Constitution and Laws and Treaties of the US. It also says that the debt under the Articles of Confederation still exists.
Article VII It describes the method of ratification and sets out that a stats need ratifies the constitution.
2. Compare Article I with Article II. Which article is longer and more detailed? _________Article 1 is the longest of the Articles.________________
3. Identify two powers denied from Congress in the Constitution.
______Importation of slaves, and Habeas Corpus suspension_______________
4. How does the House of Representatives determine the rules of proceedings (the ability to have debates, riders, etc) _______They may not “ignore the constitutional restraints of violate fundamental rights and there should be reasonable relation between the mode of method of proceedings established by the rule and the result with is sought to be attained…”__________
5. Identify two powers the Constitution prohibits from the States. __It states that states can’t keep troops, or ships in times of war. It also states that states cant make agreements of compacts with other states, or a foreign power, or engage in war unless invaded of in imminent danger.____
6. What eligibility requirements does the Constitution establish for members of the House? __at least 25 years old, be a us citizen for the past 7 years, live in the state they represent._____
7. What eligibility requirements does the Constitution establish for members of the Senate? __at least 30 years old, be a US citizen for 9 years, live in the state they represent_____
8. What eligibility requirements does the Constitution establish for the President? _____at least 35 years old, natural born American citizen, resident in the US for the past 14 years________
9. The powers of the Constitution that are specifically granted to the branches of government or to office holders are called express powers.
a. Identify two express powers of the president. ___________________receive ambassadors, convene congress into a special session___________________
b. What are the express powers of the vice president? _______not assigned powers by the constitution, duties given by request form the president_______________
c. Identify two express powers of Congress. ____________coin money, make all necessary and proper laws__________________________________________
10. According to the principle of checks and balances, each branch of the government must have control over the other branches. Look at the first three articles of the Constitution and identify one of each type of checks and balances. Indicate where each power is listed in the Constitution.
a. A power that the executive branch has over the legislative branch: __veto bills__
This can be found in what article/section of the Constitution _Article 2, section 1
b. A power that the executive branch holds over the judicial branch. Appoint federal judges____
This can be found in what article/section of the Constitution __Article 2, section 2___
c. A power that the legislative branch holds over the executive branch. impeachment
This can be found in what article/section of the Constitution _Article 1, Section 2
d. A power that the legislative branch holds over the judicial branch. Establish courts and set the number of judges
This can be found in what article/section of the Constitution _Article 1,
e. A power that the judicial branch holds over the executive branch. _judicial review
This can be found in what article/section of the Constitution ___Article 3_____
_____________________________________________________________________
f. A power that the judicial branch holds over the legislative branch. __Compensation cant be diminished______
This can be found in what article/section of the Constitution ___Article 3, section 3__
11. The court of original jurisdiction is the first court that hears a case. Appellate courts hear cases on appeal from lower courts. Although the Supreme Court functions primarily as an appellate court, it is the courts of original jurisdiction in certain kinds of cases. What are those?
______ In all Cases affecting Ambassadors, other public Ministers and Consuls___________
12. According to Article I of the Constitution, who has the power to declare war?
_________________________________Congress____________________________________
13. What power does the Constitution give the President in the area of war?
_He is the commander and chief of the Army and Navy and the Militia in several states.________________________________________________
PART III. MAJORITY AND SUPERMAJORITY
The Constitution requires a simple majority for some actions and a supermajority for others. A simple majority means more than half, while supermajority requirements can involve a 2/3 majority or a 3/4 majority. Most elections in the United States require a plurality, or the most votes, but not necessarily a majority.
1. a. What bodies have the power to override a presidential veto? _____congress _____
b. What margin is required to override a presidential veto? ______2/3s majority___
c. Where in the Constitution is the veto power described? ____Article 1, section 7 _
2. a. What body has the power to ratify treaties? _____the senate__________
b. What margin is required to ratify treaties? ______________2/3s_______________
c. Where in the Constitution is the ratification power described? ____Article 1, section 7___
3. To impeach means “to bring charges against” or “to indict”.
a. What body has the power to impeach the president? ________The Senate____
b. What vote is required to impeach? ____2/3s_______
4. a. What body has the power to convict the president of charges brought against him in the impeachment process and thereby remove him from the presidency? ___senate_____
b. What vote is required to convict and remove a president? ________2/3_________
c. Where in the Constitution is the impeachment power described? ___article 1, section 3_
5. a. What body has the power to accept or reject a president’s nominations to the Supreme Court? _________________Congress_________________
b. What margins are required to elevate a president’s nominee to a seat on the Court? ___Simple Majority__
c. Where in the Constitution are judicial nominations described? ____article 3, section 1___
d. What language is used to describe the roll of the Senate in Supreme Court nominations? _____________________________ "He, [the president] shall have the power to nominate... and shall appoint... Judges of the Supreme Court."_______________
6. a. If no candidate for the presidency wins a simple majority of the total number of electoral votes, what body has the power to choose the president? _The house of Representatives_
b. What margin is required to choose the president? _____________2/3s____________
c. Where in the Constitution is the Electoral College described? (Hint: there are two parts)
________________amendment 12, and Article 2 section 1_______________________
7. The Constitution specifies a three-fourths majority for just one process. What? __________________Amending the Constitution________________________
8. The Constitution has comparatively little to say about the structure and composition of the Supreme Court. Identify two aspects of the Court’s structure and composition that the Constitution does not specify. (The Constitution does specify these two basic aspects of structure and composition for the other two branches). __The number of court members, and how long they are to stay in office.___________________________________________
9. List all parts of the Constitution that require a supermajority. For each, explain why you believe there is a supermajority requirement. _____ amendment making, ratification of amendments, House of Representative choosing president, impeachment of president, ratifying treaties
10. See Article VI. Explain the supremacy clause in your own words. __The supremacy clause states that the constitution is above all other laws made by the states._____________
11. What are two ways that amendments to the Constitution can be proposed? ___. with 2/3s of the legislature, or 2/3s of both houses ___
12. What are two ways that amendments to the Constitution can be ratified? __ with 2/3s of the legislature, or 2/3s of both houses ________
Part III. THE AMENDMENTS TO THE CONSTITUTION
Some parts of the Constitution require a simple majority, others a supermajority, while still others protect citizens from the will of the majority. The first ten amendments to the Constitution, the Bill of Rights protect citizens from the will of the majority. In other words, no majority could vote to take these rights away. Read each amendment to the Constitution and answer the questions below.
1. Outline the general purpose of all 27 Amendments.
Amendment 1 Freedom of religion, speech, assembly, and politics.
Amendment 2 Right to bear arms.
Amendment 3 No quartering soldiers
Amendment 4 No unwarranted searches/ seizures
Amendment 5 Right to grand juries, self-incrimination, double jeopardy, due process, and eminent domain
Amendment 6
Right to a fair trial
Amendment 7 Right to a trial by jury
Amendment 8 No cruel and unusual punishment
Amendment 9 Rights of the Accused
Amendment 10 Reserved power to the states
Amendment 11 Suits against the states
Amendment 12 Process of electing the president
Amendment 13 Prohibition of Slavery
Amendment 14 Citizenship, due process, and equal protection under the law
Amendment 15 The right to vote
Amendment 16 Income taxes
Amendment 17 Direct election of senators
Amendment 18 Prohibition
Amendment 19 Women’s suffrage
Amendment 20 Lame Duck Amendment
Amendment 21 Repeal of prohibition
Amendment 22 Number of presidential terms
Amendment 23 Presidential electors for D.C.
Amendment 24 No poll tax
Amendment 25 Presidential disability, vice president vacancies
Amendment 26 Must be 18 to vote
Amendment 27 Congressional salaries
13. Which amendment(s) of the Constitution protect the rights of women? _Amendment 19 __
14. Summarize what this amendment(s) of the Constitution says _____Amendment 19 gives women the right to vote___________________
15. Which amendment (s) of the Constitution protect the rights of African Americans? ___Amendment 13 and Amendment 15 and Amendment 24____
16. Summarize what this part(s) of the Constitution says. __It prohibits slavery, gives them the right to vote, and prohibits them from being taxed to vote.___
17. How were US Senators chosen before the Seventeenth Amendment? _They were chosen by the lesiglature._
18. Identify by number amendments that
a. Extended individual rights _1, 2, 3, 4, 5, 6, 7, 8,_9, 14,
b. Extended civil rights (including voting rights) __13, 15, 19, 24, 26, __
c. Prohibited certain practices by states ____11, 18, 21, _______
d. Changed specific language in the Constitution __17, 20, 22, 25 ___
19. The Twenty-Fifth Amendment describes the sequence of events that would install the vice president as acting president against the will of the president. Outline that sequence of events.
If the president dies, or is removed from office, the vice president shall become president. If the_ vice president seat is vacant the president will nominate a vice president and the majority of both houses must agree on it. If the president cannot perform his powers as president then the vice___ president shall act as president._____________________________________________________
20. How many times is the word privacy mentioned in the Constitution (articles and amendments) __________________none_______________________________?
