unit 1: the constitution and the bill of
rights
1. Amending the Constitution - ANS-Article V of the Constitution states "The Congress,
whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution . . . " With these words, the Framers set up the
process for amending the US Constitution. The Framers understood that the
Constitution should be able to change to fit a changing US society. The Constitution
may be amended in one of two ways—either through a two-thirds vote of Congress,
which must then be ratified by three-fourths of the states, or through a convention
called by Congress at the request of two-thirds of the state legislatures. Amending
the Constitution is a slow and difficult process, which is why the Constitution has only
27 amendments.
2. Articles of the Constitution - ANS-The Constitution consists of seven articles that
describe the powers and functions of US government.
3. Basic Principles of the Constitution - ANS-The Founding Fathers were firmly
committed to the principle of popular sovereignty. They disagreed with any
government system that ignored the people's voice and will. However, the Framers
also feared a government system built on majority rule because a larger group could
unfairly control smaller groups. For this reason, the Constitution provides protections
for minority rights. These provisions ensure that even though a majority of people
may agree on a certain issue, they cannot take basic rights and protections away
from those in the minority.
4. Beyond the Bill of Rights - ANS-The Bill of Rights, which contains most fundamental
civil liberties, provides the American people's primary defense against government
violations of those rights. American citizens possess additional constitutional liberties,
however, that are not mentioned in the Bill of Rights.
5.
6. Congress and the states added more amendments later to help the country live up to
its founding credo, "all men are created equal."
7. Democracy with Limits - ANS-The Founding Fathers understood that direct
democracy was impractical in a country as large as the United States. They also did
not trust the mass of common people to vote directly on important political decisions.
Thus, they made the United States a representative democracy in which the people
elect respected citizens to make decisions on their behalf.
8.
9. The Constitution created regular elections in which citizens choose representatives
for the national government.
10.
11. However, the original rules allowed the public to directly elect only members of the
House of Representatives. State legislatures selected the senators, and the
president would choose federal judges with Senate approval.
12.
, 13. For the presidential election, the Framers devised the Electoral College. Instead of
electing the president directly, citizens vote for presidential electors, officials who
represent their state and select the president. This system is still in effect today.
14.
15. Today, with a few minor exceptions, nearly all adult US citizens can vote. Even now,
however, the United States has not perfected democracy.
16.
17. In many presidential elections, barely half of those with voting rights actually cast a
ballot, and there are frequent reports of people being erroneously disqualified from
voting. In congressional, state, and local elections, even fewer people bother to vote.
18. Eighth Amendment: Criminal Punishment - ANS-The Eighth Amendment prohibits
the imposition of "excessive" fines or bail and bans "cruel and unusual punishment."
The definitions of "excessive" and "cruel and unusual" remain unclear. For example,
some people believe that the death penalty always exacts an excessive or cruel
punishment. This idea lies open for debate and has been controversial for a long
time.
19. Federalism - ANS-Federalism refers to how governing powers are shared between
nation, state, and local governments. The Articles of Confederation, which structured
the first government of the United States, gave all power to the states, making the
national government too weak to run the country.
20.
21. Under the federal system, states run most of their affairs, but the national
government takes precedence in many matters.
22.
23. Like separation of powers, federalism divides the authority of the government. Under
the new federal system, the Constitution gave the national, or federal, government
significant powers and granted the states some authority within their own borders.
24.
25. The states and the federal government share responsibility in some areas, including
taxation, where both have the power to tax. You may have noticed that people pay
state taxes, such as sales taxes, and federal taxes, such as the federal income tax.
26.
27. Federalism provides a compromise between the centralism of the British system and
the loose affiliation experienced under the Articles of Confederation. Although the
states retained much of their earlier authority, the Constitution increased the power
held by the central government.
28. Fifth Amendment: Rights of Persons Before the Law - ANS-The Fifth Amendment
helps define citizens' rights before the law. Before someone can be brought to trial for
a serious offense, the Fifth Amendment requires an indictment, or formal accusation,
by a grand jury. The amendment prohibits trying a person twice for the same crime
(known as double jeopardy). The government also cannot force people to testify
against themselves in court.
29.
30. The due process clause of the Fifth Amendment is one of the most important lines in
the Bill of Rights. The clause stipulates that "no person shall be . . . deprived of life,
liberty, or property, without due process of law." Due process ensures that the nation
is governed according to the rule of law and not the personal, unfair decisions of
rights
1. Amending the Constitution - ANS-Article V of the Constitution states "The Congress,
whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution . . . " With these words, the Framers set up the
process for amending the US Constitution. The Framers understood that the
Constitution should be able to change to fit a changing US society. The Constitution
may be amended in one of two ways—either through a two-thirds vote of Congress,
which must then be ratified by three-fourths of the states, or through a convention
called by Congress at the request of two-thirds of the state legislatures. Amending
the Constitution is a slow and difficult process, which is why the Constitution has only
27 amendments.
2. Articles of the Constitution - ANS-The Constitution consists of seven articles that
describe the powers and functions of US government.
3. Basic Principles of the Constitution - ANS-The Founding Fathers were firmly
committed to the principle of popular sovereignty. They disagreed with any
government system that ignored the people's voice and will. However, the Framers
also feared a government system built on majority rule because a larger group could
unfairly control smaller groups. For this reason, the Constitution provides protections
for minority rights. These provisions ensure that even though a majority of people
may agree on a certain issue, they cannot take basic rights and protections away
from those in the minority.
4. Beyond the Bill of Rights - ANS-The Bill of Rights, which contains most fundamental
civil liberties, provides the American people's primary defense against government
violations of those rights. American citizens possess additional constitutional liberties,
however, that are not mentioned in the Bill of Rights.
5.
6. Congress and the states added more amendments later to help the country live up to
its founding credo, "all men are created equal."
7. Democracy with Limits - ANS-The Founding Fathers understood that direct
democracy was impractical in a country as large as the United States. They also did
not trust the mass of common people to vote directly on important political decisions.
Thus, they made the United States a representative democracy in which the people
elect respected citizens to make decisions on their behalf.
8.
9. The Constitution created regular elections in which citizens choose representatives
for the national government.
10.
11. However, the original rules allowed the public to directly elect only members of the
House of Representatives. State legislatures selected the senators, and the
president would choose federal judges with Senate approval.
12.
, 13. For the presidential election, the Framers devised the Electoral College. Instead of
electing the president directly, citizens vote for presidential electors, officials who
represent their state and select the president. This system is still in effect today.
14.
15. Today, with a few minor exceptions, nearly all adult US citizens can vote. Even now,
however, the United States has not perfected democracy.
16.
17. In many presidential elections, barely half of those with voting rights actually cast a
ballot, and there are frequent reports of people being erroneously disqualified from
voting. In congressional, state, and local elections, even fewer people bother to vote.
18. Eighth Amendment: Criminal Punishment - ANS-The Eighth Amendment prohibits
the imposition of "excessive" fines or bail and bans "cruel and unusual punishment."
The definitions of "excessive" and "cruel and unusual" remain unclear. For example,
some people believe that the death penalty always exacts an excessive or cruel
punishment. This idea lies open for debate and has been controversial for a long
time.
19. Federalism - ANS-Federalism refers to how governing powers are shared between
nation, state, and local governments. The Articles of Confederation, which structured
the first government of the United States, gave all power to the states, making the
national government too weak to run the country.
20.
21. Under the federal system, states run most of their affairs, but the national
government takes precedence in many matters.
22.
23. Like separation of powers, federalism divides the authority of the government. Under
the new federal system, the Constitution gave the national, or federal, government
significant powers and granted the states some authority within their own borders.
24.
25. The states and the federal government share responsibility in some areas, including
taxation, where both have the power to tax. You may have noticed that people pay
state taxes, such as sales taxes, and federal taxes, such as the federal income tax.
26.
27. Federalism provides a compromise between the centralism of the British system and
the loose affiliation experienced under the Articles of Confederation. Although the
states retained much of their earlier authority, the Constitution increased the power
held by the central government.
28. Fifth Amendment: Rights of Persons Before the Law - ANS-The Fifth Amendment
helps define citizens' rights before the law. Before someone can be brought to trial for
a serious offense, the Fifth Amendment requires an indictment, or formal accusation,
by a grand jury. The amendment prohibits trying a person twice for the same crime
(known as double jeopardy). The government also cannot force people to testify
against themselves in court.
29.
30. The due process clause of the Fifth Amendment is one of the most important lines in
the Bill of Rights. The clause stipulates that "no person shall be . . . deprived of life,
liberty, or property, without due process of law." Due process ensures that the nation
is governed according to the rule of law and not the personal, unfair decisions of
