Study Guide

to accompany

O’Connor  Sabato

Essentials of American Government

Roots and Reform
2009 Edition

for
Essentials of American Government
and
Essentials of American and Texas Government

Prepared by

John Ben Sutter

Houston Community College

Longman
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i
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Study Guide to accompany Essentials of American Government: Roots and Reform, 2009
Edition, by O’Connor and Sabato.

Copyright © 2009 Pearson Education, Inc.

All rights reserved. Printed in the United States of America. Instructors may reproduce portions
of this book for classroom use only. All other reproductions are strictly prohibited without prior
permission of the publisher, except in the case of brief quotations embodied in critical articles
and reviews.

1 2 3 4 5 6 7 8 9 10——11 10 09 08

Longman
is an imprint
of
ISBN: 0205684394
[Link]

ii
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
 Table of Contents

Chapter 1 The Political Landscape....................................................................................1

Chapter 2 The Constitution............................................................................................ 17

Chapter 3 Federalism.......................................................................................................33

Chapter 4 Civil Liberties.................................................................................................49

Chapter 5 Civil Rights.....................................................................................................69

Chapter 6 Congress.........................................................................................................87

Chapter 7 The Presidency..............................................................................................107

Chapter 8 The Executive Branch and the Federal Bureaucracy....................................123

Chapter 9 The Judiciary................................................................................................137

Chapter 10 Public Opinion and the News Media............................................................155

Chapter 11 Political Parties and Interest Groups.............................................................179

Chapter 12 Voting, Elections, and Campaigns................................................................203

Chapter 13 Social and Economic Policy.........................................................................231

Chapter 14 Foreign and Defense Policy..........................................................................253

Chapter 15 The Context for Texas Politics and Government.........................................271

Chapter 16 The Texas Constitution.................................................................................287

Chapter 17 Local Government and Politics in Texas......................................................301

Chapter 18 The Texas Legislature...................................................................................319

Chapter 19 The Governor and Bureaucracy in Texas.....................................................341

Chapter 20 The Texas Judiciary......................................................................................361

Chapter 21 Political Parties, Interest Groups, Elections, and Campaigns in Texas........379

Answer Section ......................................................................................................................403

iii
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
 iv
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
 CHAPTER 1
THE POLITICAL LANDSCAPE

Chapter Goals and Learning Objectives

To know where you are and where you are going, it is useful to know where you have been or
where you come from.

Probably one of the questions you ask a classmate on the first day of class is, “Where are you
from?” To better know and understand a person, you want to know about his or her history and
background. Similarly, to know and understand our government, you need to understand its
origins, its history, and its beginnings. The government we have did not suddenly descend from
the sky, deus ex machina, one day perfectly formed. The roots of our American culture and
government run deep. To understand our present, we must understand the history,
circumstances, ideas, and populace which drove our national development. Where did we come
from? What were and are our goals and aspirations? Why does our government look, act, and
function the way it does? Why this form of government and not another?

You may be one of many students holding this book at the start of the new semester, looking at
the first chapter and thinking, “I don’t like politics and I’m not interested in government!” Stated
bluntly, while you might not be interested in government, government is quite interested in you.
From the moment of your very conception until your death, and every moment in between, the
government is involved in all aspects of your life. "How so?" you query. Ask yourself: Will
abortion be legal or illegal? My Mom has Parkinson’s disease—why won’t they let stem cell
research cure it? Why are tuition rates soaring and student loans harder to get? What kind of
education will my kids get when I get married? Will I be sent to a war in Iraq or some other far-
off country? Is my sexual choice legal? Are we safe from terrorists? Will the economy be safe
and vibrant for my future? Will my civil liberties be curtailed in the effort to combat terrorism?
Will there be a decent job for me in the future? Will Social Security be there when I’m old?
Should my grandfather, who is terminally ill and suffering severely, be euthanized at his request?

Who makes these decisions? Most directly, our representatives in the legislative, executive and
judicial branches of both the state and national government. In our republican form of
government, you and I pick the people who make those decisions—if we vote; if we involve
ourselves in those decisions. If we don’t vote, if we don’t get involved, someone else picks those
people who act in our behalf in government, and the decisions they make won’t reflect what you
want and need. From the standpoint of self-interest alone, apathy is an unwise attitude to hold
about government and politics.

Our government is, essentially, made up of the people who understand it and take part in it. Can
you make a difference? Can you protect yourself from the abuses of government? Can you
improve your community? Can you make a better life for yourself and your family through
having a role in politics and government? You can better answer these questions when you have
an understanding of our government, its structure, and its foundations.

Equipped with such understanding, you can be a better citizen and, in turn, make your life,
community, and government better. This nation is changing. It always has and always will. Many
Americans are dissatisfied with the workings of the government, yet understand little of how
1
their government works. This leads to apathy and frustration. You may be one of these people.
However, a thorough understanding of the system, its history, and, structure can help you
improve and reform the system. Armed with this knowledge, you can become a more active
participant in the political process.

This chapter is designed to give you an overview of the subject of the text as well as a look at the
theories and ideas that underpin our political and economic system. The main topic headings of
the chapter are:

• Roots of American Government: What Are They and Why Are They Important?
• The Philosophical Origins of American Government
• American Political Culture and the Basic Tenets of American Democracy
• Toward Reform: Population Changes and Americans' Attitudes Toward
Government

In each section, there are certain facts and ideas that you should strive to understand. Many are in
boldface type and appear in both the narrative and in the glossary at the end of the book. Other
ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in
mind that studying for objective tests [multiple choice, T/F] is different from studying for essay
tests. See the Study Guide section on test taking for hints on study skills.)

In general, after you finish reading and studying this chapter, you should understand the
following:

• the roots of American government and the significance of those roots

• the origins of our ideas on government; understanding the philosophies that
guided early America
• American political culture and the principles of American democracy; the
enduring values defining American democracy
• America's population and American attitudes toward government

Chapter Outline and Key Points

In this section, you are provided with a basic outline of the chapter and key words/points you
should know. Use this outline to develop a complete outline of the material. Write the definitions
or further explanations for the terms. Use the space provided in this workbook or rewrite that
material in your notebook. This will help you study and remember the material in preparation for
your tests, assignments, and papers.

the Framers—

Preamble to the United States Constitution—

meaning and goals in the Preamble—

Pledge of Allegiance—

2
 “best hope” and “last, best hope on earth”—

Roots of American Government: What Are They and Why Are They Important?

government—

citizen—

2007 presidential elections in Kenya and Pakistan—

politics—

Functions of Government

“to form a more perfect union”—

Thinking Globally: The European Union—

Ideas Into Action: The American's Creed—

establishing justice—

ensuring domestic tranquility—

providing for the common defense—

promoting the general welfare—

Allocation of the Federal Budget, 2008 (Figure 1.1)—

securing the blessings of liberty—

Types of Government

Aristotle’s Classifications of Government (Table 1.1)—

monarchy—

totalitarianism—

oligarchy—

democracy—

majority of governments worldwide—

3
The Philosophical Origins of American Government

The Reformation and the Enlightenment: Questioning the Divine Right of Kings

divine right of kings—

Reformation and Enlightenment—

Puritans—

Pilgrims—

Mayflower Compact—

social contract—

Hobbes, Locke, and a Social Contract Theory of Government

social contract theory—

Thomas Hobbes—

Leviathan (1651)—

"state of nature"—

“solitary, poor, nasty, brutish, and short”—

John Locke—

Second Treatise on Civil Government (1698) and Essay Concerning

Human Understanding (1690)—

Locke's refutation of the divine right of kings—

natural rights—

life, liberty, and property—

Locke believed which branch of government should be the most powerful

and why?—

Thomas Jefferson and the original draft of the Declaration of

Independence—

4
 Devising a National Government in the American Colonies

American colonists’ view on King George and the British government—

direct democracy—

indirect democracy (representative democracy)—

Virginia House of Burgesses—

republic—

American Political Culture and the Basic Tenets of American Democracy

political culture—

Personal Liberty

personal liberty—

expansion from “freedom from” to “freedom to”—

Fourteenth Amendment—

Equality

political equality—

Popular Consent, Majority Rule, and Popular Sovereignty —

popular consent—

majority rule—

protection of minority rights—

popular sovereignty—

natural law—

Civil Society

civil society—

Individualism

individualism—

“certain unalienable rights”—

5
 a mixed blessing—

Religious Faith and Religious Freedom

religion and religious faith in America—

faith and political opinion in America—

Political Ideology: Its Role in the World and in American Politics

political ideology—

two factors that shaped human history in 20th century (Isaiah Berlin)—

ideologies perform four key functions:

1)

2)

3)

4)

Prevailing American Political Ideologies

Adult Ideological Self-Identification, 1974-2008 (Figure 1.2)—

libertarians—

conservative—

what conservatives tend to favor—

social conservative—

liberal—

what liberals tend to favor—

Problems with Political Labels

studies show conservatives often take liberal positions on issues and vice-
versa—

6
Changing Characteristics of the American People

things Americans have in common—

focus on differences among Americans—

Changing Size and Population

U.S. population when Constitution adopted—

characteristics of Americans one year after U.S. Constitution ratified—

U.S. population, 1880-2040 (Figure 1.3)—

population and representation in Congress—

Changing Demographics of the U. S. Population

changes in racial and ethnic composition—

immigration—

Race and Ethnicity in America: 1967 and 2008 (Figure 1.4)—

non-white population in 2008 and representation in Congress—

changes in age cohort composition—

changes in average age in America—

average age expectancy when U.S. founded and in 2008—

Baby Boomers—

Government, Health Care, and Costs (Table 1.2)—

potential effects of aging population—

younger voters vs. older voters—

changes in family and family size—

Join the Debate: The Huntington Theory of Hispanization—

factors affecting family size and household arrangements—

traditional families and other models in 1940 and 2006—

single-parent families—

7
Toward Reform: Population Changes and Americans' Attitudes Toward Government

illegal immigration: problems and reactions—

anti-immigration sentiments in America—

effects of demographics—

Attitudinal Change and Reform

American Dream—

major sources of most American’s on-the-air news supplemented by

growth of news and quasi-news outlets—

significance of cable new programs in 2008 presidential election—

growth of Internet and blogs—

effects of news media dynamics (rush to be first with the news,

instantaneous nature of communications, focus on personality and
scandal)—

how Americans are viewed abroad—

High Expectations

Americans’ relation to government (federal and state) in the first 150 years
of our nation’s history—

the rise in public expectations of the federal government—

Redefining Our Expectations Concerning Reform

our lack of faith in country’s institutions and symbols

Analyzing Visuals: Faith in Institutions, Figure 1.7—

2008 poll on what Americans think about the direction the country is headed and
what this belief leads to—

Americans’ high standard of living due to governmental programs and

protections—

everyday pervasive influence of government rulings or regulations in

Americans’ lives—

the good government can do—

8
 government and politics are not static and what that means to
Americans—

Research Ideas and Possible Paper Topics

1) Further examine the Enlightenment and some of the political philosophers who
developed concepts that the Founders incorporated into our system of government. What
were some of the key ideas that formed the predicates for the government we have today?

2) Do you believe government is intrinsically good or bad? Or is government merely a tool,

with the good or bad effects it produces a result of the intentions and abilities or those
who control it? What are your expectations of government, if any? Does government
affect your life in any way? Why or why not?

3) Discuss the nature of the challenges to America posed by the changing racial, ethnic, and
age distribution in society. Look at the contemporary controversy regarding illegal
immigration from Mexico as well as more philosophical arguments. Has the meaning of
the phrase “We the People” from the Preamble to the United States Constitution changed
from the meaning vested in that statement by the Founders?

4) Examine the theme of "change" in the campaigns of the two presidential candidates in
2008, Democratic candidate Barack Obama and Republican candidate John McCain.
How did Americans' expectations regarding reform affect their response to the two
candidates’ call for change? What impact did the economic crisis and the massive bank
bailout have on the reaction to the two candidates' competing calls for change? Did
Americans expect too much of one candidate or the other? Did Americans expect too
much of their government in response to the crisis or not enough?

Web Sites

U.S. Census Bureau offers information on the demographic, geographic, and economic make-
up of our country. Includes the ability to search for state-level data.
[Link]

The University of Michigan Documents Center page titled “Statistical Resources on the Web
for Political Science” provides a one-stop academic research site for students, listing numerous
links to sites to assist in researching political, racial, ethnic, social, and other demographic
information.
[Link]

The Gallup Organization offers up-to-date and historical perspectives on the opinions of the
American public.
[Link]

Brandeis University’s Political Philosophy Internet Resources Web site provides links to
numerous sites of interest in political philosophy.
9
 [Link]

To better understand the Enlightenment, go to a marvelous Web site developed by a high school
history teacher in Mesquite, Texas titled [Link]. The Enlightenment page lists scores
of resources. (The [Link] Web site received a recommendation by The History
Channel.)
[Link]

PBSKids presents an interactive Web site titled, “How Does Government Affect Me?” While
prepared for grammar-school children, the site nevertheless can engage your thinking as to how
government does indeed affect everyday life of students and other Americans. It is also a great
site to share with your children or younger siblings if you have any.
[Link]

PBS P.O.V. developed a Web site for the 2008 election on the question, “Why Vote?” Although
we have experienced another general election since its posting, the Web site provides interesting
commentary from a wide range of citizens offering their “point of view” about voting or non-
voting.
[Link]

[Link]. Yahoo is a commercial search engine that has a wide variety of information. For
our purposes, there is a government subheading of Yahoo that will provide you with links to
many topics on government, such as regime type, ideology, political thought, and more.
[Link]

Practice Tests

MULTIPLE CHOICE QUESTIONS

1) According to Aristotle's classifications of government, rule by a few whose interests are

served by the public is a/an
A) aristocracy.
B) dictatorship.
C) democracy.
D) monarchy.
E) oligarchy.

2) Which of the following best describes Saddam Hussein?

A) He was an oligarch.
B) He was a patriarch.
C) He was a tyrant.
D) He was a democrat.
E) He was a monarch.

3) In which of the following areas has the European Union achieved the greatest integration?
A) language integration
10
 B) economic integration
C) military integration
D) political integration
E) cultural integration

4) Locke argued that a major responsibility of governments is to protect

A) elected officials.
B) human dignity.
C) economic equality.
D) private property.
E) the people from themselves.

5) The belief that all people are free and equal by natural right and that government gains it
authority from the consent of the governed are cornerstones of
A) a monarchy.
B) political culture.
C) an oligarchy.
D) evangelicalism.
E) the social contract theory.

6) A direct democracy is a system

A) in which an elite makes decisions for the society.
B) in which representatives meet to discuss policy and make decisions.
C) in which the masses have certain rights, but decisions are made by a council.
D) in which all members of the polity meet to discuss policy and make decisions.
E) that is the main form of government in most states.

7) In an indirect democracy, public policies are determined by

A) consensus.
B) oligarchs.
C) religious figures.
D) representatives.
E) economic elites.

8) Popular sovereignty has its roots in

A) monarchism.
B) natural law.
C) elitism.
D) ecumenicalism.
E) Mormonism.

9) A civil society
A) is "nasty, brutish, and short."
B) is ruled by a leviathan.
C) encourages citizens to engage in policy debates.
D) is harmful to democracy.
E) hinders a frank exchange of ideas.

10) Which of the following is a key function of an ideology?

11
 A) to polarize the electorate
B) to help citizens make political decisions
C) to serve as a substitute for religious faith
D) to protect citizens' civil liberties
E) to encourage citizens to engage in civil society

11) __________ tend to favor local and state government action over federal action.
A) Conservatives
B) Liberals
C) Libertarians
D) Independents
E) Democrats

12) Who most strongly believes that government should promote equality and provide social
services?
A) liberals
B) moderates
C) populists
D) libertarians
E) conservatives

13) Which of the following issues would be of most concern to social conservatives?
A) abortion
B) defense spending
C) separation between church and state
D) proportional taxes
E) regulation of business practices

14) Liberalism is a political ideology that

A) believes individuals should look to churches and other social services organizations
instead of the government for assistance.
B) is comfortable with the social status quo.
C) generally favors equality.
D) seeks to end costly welfare programs.
E) shares many of its views with libertarians.

15) Because people in this country are living longer than ever before, which one of the following
issues do you think this burgeoning population of voters might be most interested in?
A) public school quality
B) college loan programs
C) tax cuts for parents of young children
D) Social Security
E) increased funding for parks and recreation

16) When did the number of new immigrants to the United States peak, reaching almost 9
million people?
A) 1900-1910

12
 B) 1960-1970
C) 1970-1980
D) 1990-2000
E) 2000-2008

17) Which of the following arguments is most consistent with the Huntingdon Theory of
Hispanization?
A) A shared language and civic education bind citizens together.
B) In the past, certain waves of immigrants were incorrectly thought to be a threat to
American culture.
C) You don’t have to speak a common language to share a common political culture.
D) Anglo-Protestants do not have a monopoly on American political culture.
E) Hispanic Americans earn a higher income than do Anglo Americans.

18) The proliferation of government programs affecting almost every aspect of American life
was initiated under which president?
A) Franklin D. Roosevelt
B) John F. Kennedy
C) Dwight D. Eisenhower
D) Ronald Reagan
E) Bill Clinton

19) Which of the following is an accurate description of Americans’ views of government?

A) Americans tend to have high expectations for what government can accomplish.
B) Americans are generally trusting of politicians.
C) Most Americans are apathetic about voting.
D) Most Americans believe that government looks out for “people like me.”
E) Most Americans are highly informed about politics.

20) The American Dream often includes which of the following:

A) A better life than one's children
B) Dual citizenship
C) Increasing recidivism
D) Personal wealth
E) All of the above

TRUE/FALSE QUESTIONS

1) When the U.S. Constitution was written, voting was largely limited to property-owning white
males.

2) Thomas Hobbes argued in favor of a plural executive, where the responsibilities of governing
were separated between several coequal leaders.

3) The U.S. federal government frequently makes grants to nongovernmental organizations to

promote civil society.

4) Individualism is looked down upon in American political culture.

13
5) When it comes to regulation of the economy, conservatives tend to believe that government
is best that governs least.

6) The number of African Americans in the United States is higher than the number of
Hispanics.

7) Samuel Huntington argues that the most recent wave of immigration is seriously
compromising American values.

8) Concern about immigration is a relatively new phenomenon.

9) African Americans were less satisfied with the government's response to Hurricane Katrina
than were whites.

10) Across the globe, perceptions of America are increasingly unfavorable.

ESSAY AND SHORT ANSWER QUESTIONS

1) Describe three ways in which the U.S. government promotes the general welfare.

2) Compare and contrast tyranny, oligarchy, and democracy.

3) Your textbook lists five key concepts in American democracy. Which one do you think is
most important? Why?

4) What is a libertarian?

5) In order to understand the nature of the American government, one must know who the
American people are. Discuss the demographics of the United States and the effects of these
demographics on the political system.

6) Thomas Jefferson saw the United States as the "world's best hope," and other presidents have
been equally as certain of the United States' place in the world. Today, however, there is
some debate about the place of the United States in the world. Discuss whether or not you
agree with Jefferson. Please provide specifics from the text as well as from your reading of
newspapers or other media.

7) What is "civil society"? Why has this concept taken on special importance in recent years in
places such as Iraq and Afghanistan?

8) What is a political ideology? Describe the differences between liberal, conservative, and
libertarian ideologies. What policy positions are members of these groups likely to support?

9) How has the percentage of Americans who call themselves liberals, conservatives, and
moderates changed since the 1970s? What do you think might have been driving these
changes?

10) Immigration, especially across our Southern borders, continues to divide the citizenry, the
political parties, and the president. Political scientist Samuel Huntington believes that this

14
new wave of immigration is particularly harmful to the continued maintenance of American
values. Outline Huntington’s perspective and that of his critics. Do you agree or disagree
with Huntington’s concerns? Make sure to use examples to support your answer.

15
16
 CHAPTER 2
THE CONSTITUTION

Chapter Goals and Learning Objectives

To build a house you first must lay a foundation. The foundation buttresses the structure, gives it
support and definition. You build your house directly atop the foundation. Anything not built on
that foundation will surely fall from lack of definition and support.

The foundation of our system of government is the Constitution. Our nation and its laws are built
upon it. The U.S. Constitution is one of the longest-lasting and least-amended constitutions in the
world and has endured despite changing demographics, changing technology, and changing
ideas. The problems encountered and compromises made by the Framers of the Constitution
continue to affect our nation and our political process. Yet, the structure created and supported
by our Constitution still stands. It is important to understand why. An understanding of the
Constitution and its development is essential to understanding our political system.

This chapter surveys the colonial era and the events that led to the writing of the Declaration of
Independence, the main grievances of the colonists against the Crown and Parliament, the first
American government under the Articles of Confederation, the writing of the U.S. Constitution,
the nature of the U.S. Constitution, and the ratification debate.

The main topic headings of the chapter are:

• Roots of a New American Nation

• The First Attempt at Government: The Articles of Confederation
• The Miracle at Philadelphia: Writing the U.S. Constitution
• The U.S. Constitution
• The Drive for Ratification
• Toward Reform: Methods of Amending the Constitution

In each section, there are certain facts and ideas that you should strive to understand. Many are in
boldface type and appear in both the narrative and in the glossary at the end of the book. Other
ideas, dates, facts, events, people, etc. are more difficult to pull out of the narrative. (Keep in
mind that studying for objective tests [multiple choice, T/F] is different from studying for essay
tests. See the Study Guide section on test taking for hints on study skills.)

17
In general, after you finish reading and studying this chapter, you should understand the
following:

• the roots of the new American nation and the attendant conditions surrounding the
Declaration of Independence and the break from Great Britain
• the first attempt at American government created by the Articles of Confederation
• the circumstances surrounding the writing of the U.S. Constitution in Philadelphia
• the result of the Framers’ work in Philadelphia—the U.S. Constitution
• the campaign for ratification of the new Constitution
• the methods of amending the Constitution

Chapter Outline and Key Points

In this section, you are provided with a basic outline of the chapter and key words/points you
should know. Use this outline to develop a complete outline of the material. Write the definitions
or further explanations for the terms. Use the space provided in this workbook or rewrite that
material in your notebook. This will help you study and remember the material in preparation for
your tests, assignments, and papers.

number of amendments added since adoption of Bill of Rights in 1791—

history leading up to adoption of Twenty-Sixth Amendment—

adoption of the Twenty-Sixth Amendment—

examples of proposed amendments that have failed to be adopted—

Roots of the New American Nation

the colonists' reasons for wanting to come to the New World—

local participation in decision-making allowed the colonists by King

James I—

Virginia House of Burgesses—

oppressive British traditions absent in the New World—

weakening ties and loyalties to the British crown—

Trade and Taxation

mercantilism—

England's efforts to regulate colonial imports and exports—

French and Indian War—

18
 Treaty of Paris of 1763—

Sugar Act of 1764—

Stamp Act of 1765—

Samuel Adams and Patrick Henry—

Sons and Daughters of Liberty—

protests and boycotts—

First Steps Toward Independence

Stamp Act Congress of 1765—

Townshend Act of 1767—

Boston Massacre—

Tea Act of 1773—

Boston Tea Party—

Coercive Acts of 1774 (Intolerable Acts)—

Quartering Act—

The First Continental Congresses

Committees of Correspondence—

First Continental Congress (1774)—

Declaration of Rights and Resolves—

Second Continental Congress (1775)—

Lexington and Concord, April 1775, and "the shot heard round the
world"—

Olive Branch Petition—

commander in chief of the Continental Army—

19
 The Declaration of Independence

Thomas Paine and Common Sense—

first colony to call for independence—

resolution by Richard Henry Lee of Virginia on June 7, 1776—

the three parts of Lee’s resolution—

Declaration of Independence—

members of the declaration committee—

Thomas Jefferson—

July 2, 1776—

July 4, 1776—

John Locke and the Declaration of Independence—

The First Attempt at Government: The Articles of Confederation

Articles of Confederation—

a “league of friendship"—

Articles of Confederation passed by Congress and submitted to the states

for ratification—

Articles ratified by all thirteen states—

British unitary system of government—

a confederation derives all its powers from the states—

key proposals of the Articles of Confederation—

1)

2)

3)

4)

5)

20
 Problems Under the Articles of Confederation—

government under the Articles proved unworkable—

problems regarding money—

problems regarding commerce—

problems regarding judiciary—

Articles greatest weakness—

states' sovereign status—

dissatisfaction of Washington and Hamilton with Articles of Confederation—

The Miracle at Philadelphia: Writing the U. S. Constitution

Constitutional Convention of 1787—

plan proposed by Edmund Randolph and James Madison—

plan proposed by William Paterson—

The Characteristics and Motives of the Framers

presiding officer of the constitutional convention—

secrecy attendant to the convention—

“Founding Fathers”—

constitution—

Charles Beard’s An Economic Interpretation of the Constitution—

progeny of Beard’s work—

The Virginia and New Jersey Plans

Virginia Plan—

New Jersey Plan—

21
 Constitutional Compromises

problems between small states’ desire for equal representation in the new
Congress and larger states’ demand for proportional representation—

Great Compromise—

problems arising from regional differences—

Three-Fifths Compromise—

Unfinished Business Affecting the Executive Branch

concerns of the Framers over a chief executive—

recommendations of the Committee on Unfinished Portions—

Electoral College—

impeachment and removal—

The U.S. Constitution

Preamble—

"We the People"—

provisions and goals set out in the Preamble—

September 17, 1787—

The Basic Principles of the Constitution

Montesquieu—

separation of powers—

checks and balances—

federalism—

federal system—

separation of powers—

three key features of separation of powers—

Separation of Powers and Checks and Balances Under the U.S.

Constitution (Figure 2.1)—

22
 functions of the three branches of government—

different means of selecting federal officers—

measures to avoid intermingling of governmental functions—

judicial interpretation and judicial review—

separated institutions sharing power—

checks and balances—

The Articles of the Constitution

Comparing the Articles of Confederation and the U.S. Constitution (Table

2.1)—

Article I: The Legislative Branch—

enumerated powers—

necessary and proper clause (elastic clause)—

implied powers—

Article II: The Executive Branch—

president—

important powers of the president in section 3—

State of the Union Address—

section 4—

limits the presidency to natural born citizens—

Join the Debate: The Equal Opportunity to Govern Amendment—

Article III: The Judicial Branch—

Supreme Court—

arguments at Constitutional Convention over a federal judiciary—

Congress and lower federal courts—

appointments for life—

23
 Articles IV through VII—

Article IV and full faith and credit clause—

Article V and amendments—

Article VI and the supremacy clause—

Article VI and no religious test for public office—

Article VII and ratification—

The Drive for Ratification of the U.S. Constitution

debate over proposed constitution—

Federalists Versus Anti-Federalists

Federalists—

Anti-Federalists—

Federalists and Anti-Federalists Compared (Table 2.2)—

The Federalist Papers

“Publius”—

Alexander Hamilton, James Madison, and John Jay—

The Federalist Papers—

Federalist No. 10—

“Brutus” and “Cato”—

Anti-Federalist arguments against a strong national government—

Anti-Federalists fear of the infringement of liberties by new national

government—

Madison answers the criticisms raised by the Anti-Federalist in Federalist

Nos. 10 and 51—

the great advantage of a federal system, according to Madison—

the British system without a constitution (Thinking Globally: The British

System)—

24
 Ratifying the Constitution

Article VII—

June 21, 1788—

Ideas Into Action: Studying the Constitution—

Amending the Constitution: The Bill of Rights

proposed amendments sent to the states for ratification—

Bill of Rights—

Bill of Rights sought by the Anti-Federalists—

The Bill of Rights (Table 2.3)—

Toward Reform: Methods of Amending the Constitution

why the Framers created a slow method of amending the Constitution—

Formal Methods of Amending the Constitution

Article V—

two-stage amendment process—

Methods of Amending the Constitution (Figure 2.2)—

The Living Constitution: Article V—

amendment method that has never been used—

ratification process—

ratifying convention—

Eighteenth and Twenty-First Amendments—

intensity of efforts to amend the Constitution—

proposed equal rights amendment—

proposed flag-burning amendment—

Politics Now: Politics and the Flag—

25
 Informal Methods of Amending the Constitution

judicial interpretation—

Marbury v. Madison (1803)—

“a constitutional convention in continuous session”—

criticisms of judicial review—

original intent—

social and cultural change—

evolution of Constitution to accommodate change—

changes in the way institutions of government act—

Great Depression and the New Deal—

Research Ideas and Possible Paper Topics

1) Examine the Articles of Confederation and pose an argument that they were not
inherently flawed and should have been maintained as the American form of government.
Examine some of the arguments by conservatives today who endorse a further
downsizing of the federal government and the return of many federal powers back to the
states. How do these arguments compare to the Articles of Confederation?

2) Those who believe in a literal interpretation of the Constitution look to documents such
as the Federalist Papers to determine the original intent of the Framers. Research the
historical and political importance of the Federalist Papers with regard to the
interpretation of the Constitution. Do Hamilton, Madison and Jay in the Federalist
Papers provide a complete and sound explanation of the Framers' thinking in writing the
Constitution or were the Federalist Papers a polemic written to sell the new constitution
to a skeptical public?

3) The text gives a few examples of how the Constitution has changed due to interpretations
by the judiciary and others. Explore other ways in which the Constitution has changed or
will soon change.

4) The presidential candidates in 2008 had very different methods of interpreting the
Constitution. Republican John McCain favored an original intent interpretation while it
was Democrat Barack Obama's belief that the framers of the Constitution purposefully
left it somewhat vague so that it could be interpreted in light of changing times in the
country's history. How does the president's interpretation of the Constitution act as an
informal method of interpretation of the Constitution and how do you expect the new
president's approach will change the meaning and understanding of the Constitution in
his administration?
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 Web Sites

Cornell University site offers the complete text of the Constitution. Many terms are hyperlinked
and cross-referenced to other key issues.
[Link]

The U.S. Constitution Online offers many documents, including the Articles of Confederation,
Declaration of Independence, the Constitution, and many other links.
[Link]

Search and download the text of the Federalist Papers from The Avalon Project at Yale Law
School.
[Link]

Turn to GradeSaver’s Classic Notes for background on Alexander Hamilton, James Madison,
and John Jay, as well as summaries and analysis of The Federalist Papers.
[Link]

The Manuscript Division of the Library of Congress offers a wide variety of documents from
the fifteenth to twentieth centuries on American history.
[Link]

The National Archives offers a thorough explanation of the constitutional amendment process
as well as several useful links to Constitutional Amendment Information in their Treasures of
Congress Exhibit.
[Link]

National Museum of American History offers timelines, virtual exhibits, music, and other
information from American history.
[Link]

The University of Missouri-Kansas City hosts a Web site examining constitutional conflicts.
[Link]

Practice Tests

MULTIPLE CHOICE QUESTIONS

27
1) Patrick Henry and Samuel Adams were among the leaders of the
A) Sons of Liberty.
B) Stamp Act Congress.
C) Philadelphia Parliament.
D) Continental Congress.
E) Virginia House of Burgesses.

2) The Boston Tea Party was a

A) celebration conducted after the Boston Red Sox won the World Series.
B) colonial response to the Intolerable Acts.
C) response to the Tea Act, which lowered the price of tea for loyalists in the Southern
states.
D) response to the Tea Act, which penalized many colonial merchants.
E) meeting of reconciliation between the crown and colonial leaders.

3) To facilitate the flow of information among the colonies about developments with the British,
the colonists created the
A) Sons of Liberty.
B) Committees of Correspondence.
C) Continental Congress.
D) Stamp Act Congress.
E) "Thomas Paine" society.

4) The First Continental Congress expressed opposition to which of the following?

A) the Virginia House of Burgesses
B) the Coercive Acts
C) the Boston Tea Party
D) Shays’s Rebellion
E) None of the above

5) At what 1774 meeting did representatives adopt a resolution opposing the Coercive Acts?
A) Stamp Act Congress
B) First Continental Congress
C) Second Continental Congress
D) Committees of Correspondence
E) Boston Tea Party

6) Common Sense was Thomas Paine's attempt to

A) persuade the king as to why the colonists should have greater rights.
B) inform Parliament why the various Acts were being opposed in the Colonies.
C) persuade the colonists to support the acts of Parliament.
D) persuade the colonists to engage in civil disobedience.
E) persuade the colonists towards independence from Britain.

7) Fighting in the American Revolution broke out in the battle at

A) Saratoga, New York.
B) Trenton, New Jersey.

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 C) Lexington and Concord, Massachusetts.
D) New York, New York.
E) Yorktown, Virginia.

8) Who commissioned a committee of five people to draft the Declaration of Independence?

A) the British Parliament
B) the First Continental Congress
C) the Second Continental Congress
D) Congress under the Articles of Confederation
E) Congress under the Constitution

9) The Articles of Confederation contained provisions for all of the following EXCEPT:
A) A national government with a Congress empowered to make peace, coin money, appoint
officers for an army, control the post office, and negotiate with Indian tribes.
B) Each state maintained its independence and sovereign right to govern within its
territories.
C) One vote in the Continental Congress for each state, regardless of size.
D) The vote of nine states to pass any measure; a unanimous vote for any amendment.
E) The creation of a national judicial system to adjudicate disputes that arose between two
states.

10) Under the Articles of Confederation, the judicial branch was

A) the workhorse of the federal government.
B) nonexistent.
C) quite strong.
D) dominated by Torries.
E) responsible for enacting all laws.

11) What was the biggest weakness of the Articles of Confederation?

A) lack of a national court in which British loyalists could sue Americans
B) an overly powerful Congress and an anemic president
C) the inability to maintain low taxes
D) lack of a strong national government
E) citizens trusted the national government more than the state governments

12) The significance of Shays's rebellion is that it

A) forced the banks to foreclose on delinquent farmsteads.
B) forced the banks to foreclose on delinquent merchants.
C) prevented Massachusetts from joining the Articles of Confederation.
D) established the principle of "no taxation without representation."
E) convinced the colonists that the Articles of Confederation were too weak.

13) In 1787, a Constitutional Convention was called for the purpose of

A) elevating George Washington to president.
B) revising the Articles of Confederation.

29
 C) writing a new constitution.
D) adding states to the new nation.
E) resolving trade disputes among the states.

14) What was the Three-Fifths Compromise?

A) A three-fifths majority would be necessary to amend the constitution.
B) A three-fifths majority would be necessary to appoint members of the Supreme Court.
C) Three states would be "slave states," five states would be "free states," and the remaining
states would be able to decide their own fate after 1820.
D) Each slave would count as three-fifths of one person for purposes of representation in the
House.
E) An agreement reached by three-fifths of the states to revoke the Articles of Confederation
and install the Constitution.

15) Why did the Framers create the Electoral College?

A) to prevent partisan bickering about who would be president
B) because they didn’t trust the masses to elect the president directly
C) so that ordinary Americans could influence the selection of the president
D) to placate the British Parliament
E) to ensure that the public could fully vet all presidential and vice-presidential candidates

16) In drafting the Constitution, problems concerning the executive branch were ironed out by
A) the Committee on Unfinished Portions.
B) a joint taskforce comprised of members from the House and Senate.
C) Alexander Hamilton, James Madison, and John Jay.
D) the First Congress.
E) a duel just outside the doors of Independence Hall.

17) The sole responsibility to try a president or vice president on charges of "treason, bribery, or
other high crimes and misdemeanors" constitutionally falls to the
A) House of Representatives.
B) state legislatures.
C) Supreme Court.
D) federal court system.
E) Senate.

18) Which of the following is an executive branch check on the legislative branch?
A) declaring executive branch actions unconstitutional
B) changing the number of federal courts
C) changing the jurisdiction of federal courts
D) refusing to implement judicial branch decisions
E) calling Congress into special session

19) The power to regulate environmental standards comes from Congress's authority
A) under the necessary and proper clause.
B) as enumerated in the Constitution.

30
 C) to approve presidential appointments.
D) under the power to tax clause.
E) none of the above

20) Article I, Section 8, sought to redress a failing of the Articles of Confederation by

enumerating which of the following Congressional powers?
A) the power to regulate some commerce
B) the power to ratify treaties
C) the power to issue executive orders
D) the power to command the armed forces
E) the authority to appoint ambassadors

TRUE/FALSE QUESTIONS

1) Following the French and Indian War, the colonists and Great Britain eagerly encouraged
further westward expansion.

2) In 1772, Committees of Correspondence were established to keep the colonists informed

about developments with the British.

3) Thomas Paine’s Common Sense was instrumental in arousing colonists’ support for the new
Constitution.

4) Weaknesses of the Articles of Confederation included the inability to pay war debts, to
collect taxes, and to conduct general business.

5) Smaller states tended to prefer the New Jersey Plan.

6) The Constitution says that sla