US History Textbook 8th Grade Chapter 5 Citizenship and the Constitution

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US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF
1787
5
140 CHAPTER 5
1788
The Constitution goes
into effect after New
Hampshire becomes the
ninth state to ratify it.
1791 The Bill of
Rights becomes part
of the Constitution on
December 15.
18 0 0
CHAPTER
1787PRESENT
Citizenship and
Citizenship and
the Constitution
the Constitution
A Pamphlet Everyone in the United States benefits from our
Constitution. However, many people don’t know the Constitu-
tion as well as they should. In this chapter you will read about
the Constitution and the rights and responsibilities it grants to
citizens. Then you’ll create a four-page pamphlet to share this
information with your fellow citizens.
FOCUS ON WRITING
History–Social Science
8.2 Students analyze the political principles underlying the U.S.
Constitution and compare the enumerated and implied powers of
the federal government.
8.3 Students understand the foundation of the American political
system and the ways in which citizens participate in it.
Analysis Skills
HR 5 Determining the content of statements
English–Language Arts
Writing 2.5.a Present information purposefully and succinctly
and meet the needs of the intended audience.
Reading 8.2.4 Compare the original text to a summary to determine
whether the summary accurately captures the main ideas, includes
critical details, and conveys the underlying meaning.
California Standards
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Download
1954 In Brown v. Board of
Education, the Supreme Court
declares segregation in public
schools to be unconstitutional.
1971
The Twenty-sixth Amend-
ment is ratified, giving the
right to vote to all U.S.
citizens 18 years or older.
1990
The Americans
with Disabilities
Act is passed.
1920
The Nineteenth
Amendment gives all
American women the
right to vote.
1942
The Fair Employ-
ment Act bans
discrimination in
the workplace.
19 50 19 7 0 199 0
In this chapter you will learn about the U.S.
Constitution, the Bill of Rights, and what it
means to be an American citizen. Young citizens
like the ones pictured here must be informed in
order to fulfill the rights and responsibilities
of citizenship.
HOLT
History’s Impact
video series
Watch the video to under-
stand the impact of the
Bill of Rights.
What You Will Learn…
CITIZENSHIP AND THE CONSTITUTION 141
193 0
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF Download
142 CHAPTER 00142 CHAPTER 5
Religion
Society
and Culture
Science and
Technology
Reading Social Studies
Focus on Themes In this chapter, you will
read about the three branches of government,
the Bill of Rights, and the duties and responsibilities
of a United States citizen. As you read about
each of these topics, you will see the American
political system at work—not only in the Bill of
Rights, but through the responsibilities U.S. citizens
have as they vote for leaders and work to help
their communities and nation.
Geography
Politics
Economics
Religion
Focus on Reading History books are full of information.
Sometimes the sheer amount of information they contain can make
processing what you read diffi cult. In those cases, in may be helpful to
stop for a moment and summarize what you’ve read.
Writing a Summary A summary is a short restatement of the most
important ideas in a text. The example below shows three steps used in
writing a summary. First underline important details. Then write a short
summary of each paragraph. Finally, combine these paragraph summa-
ries into a short summary of the whole passage.
Additional reading
support can be
found in the
The Constitution
Article II, Section 1
1. The executive Power shall be vested in a
President of the United States of America.
He shall hold his Offi ce during the Term
of four Years, and, together with the Vice
President, chosen for the same Term, be
elected, as follows:
2. Each State shall appoint, in such Manner as
the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of
Senators and Representatives to which the
State may be entitled in the Congress; but no
Senator or Representative, or Person holding
an Offi ce of Trust or Profi t under the United
States, shall be appointed an Elector.
Summary of Paragraph 1
The executive branch is headed by a
president and vice president, each elected
for four-year terms.
Summary of Paragraph 2
The electors who choose the president and
vice president are appointed. Each state has
the same number of electors as it has mem-
bers of Congress.
Combined Summary
The president and vice president who run
the executive branch are elected every four
years by state-appointed electors.
Summarizing Historical Texts
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-1
SECTION TITLE 143CITIZENSHIP AND THE CONSTITUTION 143
Key Terms
Key Terms
and People
and People
You Try It!
The following passage is from the U.S. Constitution. As you read it,
decide which facts you would include in a summary of the passage.
The Constitution
Article I, Section 2
1. The House of Representatives shall be composed of
Members chosen every second Year by the People of
the several States, and the Electors in each State shall
have the Qualifi cations requisite for Electors of the most
numerous branch of the State Legislature.
2. No person shall be a Representative who shall not
have attained to the Age of twenty fi ve years, and been
seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of the State in which
he shall be chosen.
After you read the passage, answer the following questions.
1. Which of the following statements best summarizes the fi rst
paragraph of this passage?
a. Congress has a House of Representatives.
b. Members of the House of Representatives are elected every
two years by state electors.
2. Using the steps described on the previous page, write a summary
of the second paragraph of this passage.
3. Combine the summary statement you chose in Question 1 with
the summary statement you wrote in Question 2 to create a
single summary of this entire passage.
Chapter 5
Section 1
federal system (p. 144)
impeach (p. 146)
veto (p. 146)
executive orders (p. 147)
pardons (p. 147)
Thurgood Marshall (p. 148)
Sandra Day O’Connor (p. 148)
Section 2
James Madison (p. 178)
majority rule (p. 178)
petition (p. 179)
search warrant (p. 180)
due process (p. 180)
indict (p. 180)
double jeopardy (p. 180)
eminent domain (p. 180)
Section 3
naturalized citizens (p. 184)
deport (p. 184)
draft (p. 185)
political action committees
(p. 186)
interest groups (p. 186)
Academic Vocabulary
Success in school is related to
knowing academic vocabulary—
the words that are frequently used
in school as-signments and discus-
sions. In this chapter, you will learn
the following academic words:
distinct (p. 145)
influence (p. 186)
As you read Chapter 5, think about what
details you would include in a summary
of each paragraph.
ELA
Reading 8.2.4 Compare the original text to a summary.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-2
144 CHAPTER 5
SECTION
1
Key Terms and People
federal system, p. 144
impeach, p. 146
veto, p. 146
executive orders, p. 147
pardons, p. 147
Thurgood Marshall, p. 148
Sandra Day O’Connor, p. 148
What You Will Learn…
The U.S. Constitution balances
the powers of the federal gov-
ernment among the legislative,
executive, and judicial branches.
The Big Idea
1. The framers of the Consti-
tution devised the federal
system.
2. The legislative branch makes
the nation’s laws.
3. The executive branch en-
forces the nation’s laws.
4. The judicial branch deter-
mines whether or not laws
are constitutional.
Main Ideas
You have just been elected to the U.S. House of Representatives.
You know that committees do much of the work in Congress. They
deal with many different fi elds such as foreign policy, agriculture,
national security, science, and education. You would like to ask for a
spot on a committee whose work interests you.
Which committee would you ask to serve on?
BUILDING BACKGROUND When the framers of the Constitution
met in Philadelphia in 1787, they created a national government with
three branches that balance one another’s powers.
The Federal System
The framers of the Constitution wanted to create a government
powerful enough to protect the rights of citizens and defend the
country against its enemies. To do so, they set up a
federal system
federal system
of government, a system that divided powers between the states
of government, a system that divided powers between the states
and the federal government.
and the federal government.
The Constitution assigns certain powers to the national govern-
ment. These are called delegated powers. Among them are the rights
to coin money and to regulate trade. Reserved powers are those kept
by the states. These powers include creating local governments and
holding elections. Concurrent powers are those shared by the federal
and state governments. They include taxing, borrowing money, and
enforcing laws.
Sometimes, Congress has had to stretch its delegated powers to
deal with new or unexpected issues. A clause in the Constitution
states that Congress may “make all Laws which shall be necessary
and proper” for carrying out its duties. This clause, called the elastic
clause—because it can be stretched (like elastic)—provides fl exibility
for the government.
READING CHECK
Summarizing How is power divided between the
federal and state governments?
If YOU were there...
Understanding
the Constitution
HSS
8.2.6
Enumerate the powers of
government set forth in the Constitution
and the fundamental liberties ensured
by the Bill of Rights.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-3
Legislative Branch
The federal government has three branches,
each with distinct responsibilities and powers.
This separation balances the branches and
keeps any one of them from growing too
powerful. The fi rst branch of government is
the legislative branch, or Congress. It makes
the nation’s laws. Article I of the Constitution
divides Congress into the House of Represen-
tatives and the Senate.
With 435 members, the House of Repre-
sentatives is the larger congressional house.
The U.S. Census, a population count made
every 10 years, determines how many mem-
bers represent each state. A system called
apportionment keeps total membership at
435. If one state gains a member, another
state loses one. Members must be at least 25
years old, live in the state where they were
elected, and have been U.S. citizens for seven
years. They serve two-year terms.
The Senate has two members, or senators,
per state. Senators represent the interests of
the whole state, not just a district. They must
be at least 30 years old, have been U.S. citizens
for nine years, and live in the state they rep-
resent. They serve six-year terms. The senior
senator of a state is the one who has served
the longer of the two. Members of Congress
can serve an unlimited number of terms.
The political party with more members
in each house is the majority party. The one
with fewer members is the minority party.
The leader of the House of Representatives,
or Speaker of the House, is elected by House
members from the majority party.
The U.S. vice president serves as presi-
dent of the Senate. He takes no part in Sen-
ate debates but can vote to break ties. If he is
absent, the president pro tempore (pro tem
for short) leads the Senate. There is no law
for how the Senate must choose this position,
but it traditionally goes to the majority par-
ty’s senator who has served the longest.
Congress begins sessions, or meetings,
each year in the fi rst week of January. Both
houses do most of their work in commit-
tees. Each committee studies certain types of
bills, or suggested laws. For example, all bills
about taxes begin in the House Ways and
Means Committee.
READING CHECK
Comparing and Contrasting
What are the similarities in requirements for
members of the House of Representatives and the
Senate? What are the differences?
U.S. Constitution
Separation of Powers
Legislative Branch
(Congress)
Executive Branch
(President)
Judicial Branch
(Supreme Court)
Writes the laws
• Confirms presidential
appointments
• Approves treaties
• Grants money
• Declares war
• Proposes laws
• Administers the laws
• Commands armed forces
• Appoints ambassadors
and other officials
• Conducts foreign policy
• Makes treaties
• Interprets the Constitution
and other laws
Reviews lower-court decisions
CITIZENSHIP AND THE CONSTITUTION
145
ACADEMIC
VOCABULARY
distinct
separate
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-4
Checks and Balances
Executive Branch
Article II of the Constitution lists the powers
of the executive branch. This branch enforces
the laws passed by Congress.
President and Vice President
As head of the executive branch, the presi-
dent is the most powerful elected leader in the
United States. To qualify for the presidency
or vice presidency, one must be a native-born
U.S. citizen at least 35 years old. The presi-
dent must also have been a U.S. resident for
14 years.
Americans elect a president and vice presi-
dent every four years. Franklin D. Roosevelt,
who won four times, was the only president
to serve more than two terms. Now, the
Twenty-second Amendment limits presidents
to two terms. If a president dies, resigns, or
is removed from offi ce, the vice president
becomes president for the rest of the term.
The House of Representatives can
impeach
impeach
, or vote to bring charges of serious
, or vote to bring charges of serious
crimes against, a president.
crimes against, a president. Impeachment
cases are tried in the Senate. If a president
is found guilty, Congress can remove him
from office. In 1868 Andrew Johnson
was the fi rst president to be impeached.
President Bill Clinton was impeached in
1998. However, the Senate found each man
not guilty.
Working with Congress
The president and Congress are often on dif-
ferent sides of an issue. However, they must
still work together.
Congress passes laws. The president,
however, can ask Congress to pass or reject
bills. The president also can
veto
veto
, or cancel
, or cancel,
laws Congress has passed. Congress can try
to override, or undo, the veto. However,
this is diffi cult since it takes a two-thirds
146 CHAPTER 5146 CHAPTER 5
Executive Branch (President)
Checks on:
Legislative Branch
May adjourn Congress in certain situations
• May veto bills
Judicial Branch
• Appoints judges
Judicial Branch (Supreme Court)
Checks on:
Executive Branch
May declare executive actions unconstitutional
Legislative Branch
May declare laws unconstitutional
Legislative Branch (Congress)
Checks on:
Executive Branch
• May reject appointments
• May reject treaties
May withhold funding for presidential initiatives
• May impeach president
May override a veto
Judicial Branch
May propose constitutional amendments
to overrule judicial decisions
May impeach Supreme Court justices
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-5
Judicial Branch
The third branch of government, the judi-
cial branch, is made up of a system of federal
courts headed by the U.S. Supreme Court.
The Constitution created the Supreme Court,
but the Judiciary Act of 1789 created the sys-
tem of lower district and circuit courts.
Article III generally outlines the courts’
duties. Federal courts can strike down a state
or federal law if the court fi nds a law uncon-
stitutional. Congress can then try to revise
the law to make it constitutional.
District Courts
The president makes appointments to federal
courts. In an effort to keep federal judges free
of party infl uence, the judges are given life
appointments. The lower federal courts are
divided according to cases over which they
have jurisdiction, or authority. Each state has
at least one of the 94 district courts.
In 2002 the new
Department of
Homeland
Security was
given cabinet-
level status to
protect against
terrorism.
THE IMPACT
TODAY
Background of the Court
The rest of the Supreme Court
Decisions you see in this book will
highlight important cases of the
Court. But in this first one, we’ll
discuss the history of the Court.
The first Supreme Court met in
1790 at the Royal Exchange in New
York City. The ground floor of this
building was an open-air market.
When the national government
moved to Philadelphia, the Court
met in basement rooms in Inde-
pendence Hall. Once in Washing-
ton, the Court heard cases in the
Capitol building until the present
Supreme Court building was com-
pleted in 1932.
Circuit Riding
Today the Supreme Court holds court
only in Washington, D.C. In the past,
however, the justices had to travel
through assigned circuits, hearing cases
together with a district judge in a prac-
tice known as riding circuit.
The justices complained bitterly
about the inconvenience of travel, which
was often over unpaved roads and in
bad weather. This system was not just
inconvenient to the justices, however.
Some people worried about the fairness
of a system that required justices who
had heard cases at trial to rule on them
again on appeal. Other people, however,
thought that the practice helped keep
the justices in touch with the needs and
feelings of the average citizen. Eventually,
circuit riding interfered so much with
the increased amount of business of the
Supreme Court that Congress passed a
law ending the practice in the late 1800s.
Path to the Supreme Court
When a case is decided by a state or
federal court, the losing side may have
a chance to appeal the decision to a
higher court. Under the federal system,
this higher court is called the court of
appeals. A person who loses in that
court may then appeal to the Supreme
Court to review the case. But the
Supreme Court does not have to accept
all appeals. It usually chooses to hear
only cases in which there is an impor-
tant legal principle to be decided or if
two federal courts of appeals disagree
on how an issue should be decided.
ANALYZING INFORMATION
1. What are two reasons why the practice of circuit riding ended?
2. Why do you think the Supreme Court does not hear every case
that is appealed to it?
ANALYSIS
SKILL
majority vote. To carry out laws affecting
the Constitution, treaties, and statutes, the
president issues
executive orders
executive orders.
These
These
commands have the power of law.
commands have the power of law. The
president also may grant
pardons
pardons
, or free-
, or free-
dom from punishment,
dom from punishment, to persons convicted
of federal crimes or facing criminal charges.
The president also commands the armed
forces. In emergencies, the president can call
on U.S. troops. Only Congress, however, can
declare war. Other executive duties include
conducting foreign relations and creating
treaties. Executive departments do most of
the executive branch work. As of 2004 there
were 15 such departments. The president
chooses department heads, who are called
secretaries, and the Senate approves them.
The heads make up the cabinet, which
advises the president.
READING CHECK
Drawing Conclusions
What is the president’s most important power?
CITIZENSHIP AND THE CONSTITUTION 147CITIZENSHIP AND THE CONSTITUTION 147
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-6
Section 1 Assessment
Reviewing Ideas, Terms,
and People
1. a. Describe What type of government did the
Constitution establish for the United States?
b. Contrast What is the difference between
delegated, reserved, and concurrent powers?
2. a. Recall What role does the vice president serve
in the legislative branch?
b. Compare and Contrast In what ways are the
Senate and the House of Representatives similar
and different?
c. Elaborate Why do you think the requirements
for serving in the Senate are stricter than those for
serving in the House of Representatives?
3. a. Describe What powers are granted to the
president?
b. Make Generalizations Why is it important that
the president and Congress work together?
c. Evaluate What do you think is the most
important power granted to the president? Why?
4. a. Explain What is the main power of the judicial
branch?
b. Evaluate Which branch of government do you
feel is most important? Explain your answer.
Critical Thinking
5. Categorizing Copy the web diagram below. Use
it to identify the separation of powers that exists
between the branches of the federal government.
FOCUS ON WRITING
6. Gathering Information about the Constitution
Look back through what you’ve just read about the
Constitution. Make a list of four or fi ve of the most
important features of the Constitution. You’ll put
that list on the second page of your pamphlet.
KEYWORD: SS8 HP5
Online Quiz
Courts of Appeals
If someone convicted of a crime believes the
trial was unfair, he or she may take the case
to the court of appeals. There are 13 courts of
appeals. Each has a panel of judges to decide
if cases heard in the lower courts were tried
appropriately. If the judges uphold, or accept,
the original decision, the original outcome
stands. Otherwise, the case may be retried in
the lower court.
Supreme Court
After a case is decided by the court of appeals,
the losing side may appeal the decision to
the Supreme Court. Thousands of cases go
to the Supreme Court yearly in the hope of
a hearing, but the Court has time to hear
only about 100. Generally, the cases heard
involve important constitutional or public-
interest issues. If the Court declines to hear
a case, the court of appeals decision is fi nal.
Nine justices sit on the Supreme Court.
The chief justice of the United States leads the
Court. Unlike the president and members of
Congress, there are no specifi c constitutional
requirements to become a justice.
In recent decades, the Supreme Court
has become more diverse. In 1967 Thurgood
Marshall became the fi rst African American
justice. Sandra Day O’Connor became the fi rst
female Court justice after her 1981 appoint-
ment by President Ronald Reagan.
READING CHECK
Summarizing Describe the
structure and responsibilities of the judicial branch.
SUMMARY AND PREVIEW In this section
you learned about the balance between the
different branches of the federal govern-
ment. In the next section you will learn
about the Bill of Rights.
148 CHAPTER 5
Supreme Court
rulings can have
dramatic effects
on the nation, as
in Bush v. Gore,
which decided
the outcome of
the 2000 presi-
dential election.
THE IMPACT
TODAY
148 CHAPTER 5
FOCUS ON
READING
Jot down a short
summary of the
appeals process
after reading this
paragraph.
Judicial
Legislative
Executive
Separation
of Powers
HSS
8.2.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-7
KEY EVENTS
CITIZENSHIP AND THE CONSTITUTION 149CITIZENSHIP AND THE CONSTITUTION 149
James Madison was
an important force
in the writing of the
Constitution.
BIOGRAPHY
1780
Madison serves in the
Continental Congress.
1787
Madison keeps a writ-
ten record of the Con-
stitutional Convention.
1787–1788
Madison helps write
the Federalist Papers,
urging support for the
Constitution.
1801–1809
Madison serves as
secretary of state
under President
Thomas Jefferson.
1809–1817
Madison serves two
terms as president.
KEY EVENTS
James Madison
What would you do to create a
brand-new government?
When did he live? 1751–1836
Where did he live? Like several of the founding fathers, James Madison
was a Virginian. He grew up in the town of Montpelier, and he kept a home
there for his whole life.
What did he do? Through the persuasive power of his writing, Madison
helped create the foundations of the U.S. government.
Why is he important? Madison is known as the Father of the Constitution.
A brilliant thinker, he provided many of the basic ideas in the Constitution. He
argued tirelessly for a strong national government, for sepa-
rate branches of government, and for rights such as free-
dom of religion. He then rallied support for adoption of
the Constitution and the Bill of Rights. In 1809 Madi-
son became the fourth president of the United States.
As president, he led the country through another war
with Britain, the War of 1812. He and his wife, Dolley,
were forced to fl ee Washington temporarily when
the British invaded the capital and set fi re to the
White House.
Summarizing Why is Madison known as the Father of
the Constitution?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-8
150 CHAPTER 5
The Constitution
of the United States
e the People of the United
States, in Order to form
a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain
and establish this Constitution
for the United States of America.
Note: The parts of the Constitution that have been lined through are
no longer in force or no longer apply because of later amendments. The
titles of the sections and articles are added for easier reference.
W
Preamble
The short and dignified preamble explains the goals of the new
government under the Constitution.
150 CHAPTER 5
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-9
CITIZENSHIP AND THE CONSTITUTION 151
Article I The Legislature
Section 1.
Congress
All legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.
Section 2.
The House of Representatives
1. Elections
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States, and the Elec-
tors in each State shall have the Qualifi cations requisite for Electors of the
most numerous Branch of the State Legislature.
2. Qualifi cations
No Person shall be a Representative who shall not have
attained to the Age of twenty fi ve Years, and been seven Years a Citizen of
the United States, and who shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
3. Number of Representatives
Representatives and direct Taxes shall be
apportioned among the several States which may be included within this
Union, according to their respective Numbers, which shall be determined
by adding to the whole Number of free Persons, including
those bound
those bound
to Service
to Service
1
for a Term of Years, and excluding Indians not taxed, three
fths of
all other Persons
all other Persons.
2
The actual
Enumeration
Enumeration
3
shall be made within
three Years after the fi rst Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such Manner as they shall by
Law direct. The Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New Hampshire shall
be entitled to choose three, Massachusetts eight, Rhode-Island and Provi-
dence Plantations one, Connecticut fi ve, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Caro-
lina fi ve, South Carolina fi ve, and Georgia three.
4. Vacancies
When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election to fi ll
such Vacancies.
5. Offi cers and Impeachment
The House of Representatives shall choose
their Speaker and other Offi cers; and shall have the sole Power of
impeachment.
Legislative Branch
Article I explains how the
legislative branch, called
Congress, is organized.
The chief purpose of the
legislative branch is to make
laws. Congress is made up of
the Senate and the House of
Representatives.
The House of
Representatives
The number of members
each state has in the House
is based on the population of
the individual state. In 1929
Congress permanently fixed
the size of the House at 435
members.
CITIZENSHIP AND THE CONSTITUTION
151
Vocabulary
1
those bound to Service
indentured servants
2
all other Persons slaves
3
Enumeration census or
official population count
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Vocabulary
4
pro tempore temporarily
5
Impeachments official
accusations of federal
wrongdoing
152 CHAPTER 5
Section 3.
The Senate
1. Number of Senators
The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature thereof,
for six
Years; and each Senator shall have one Vote.
2. Classifying Terms
Immediately after they shall be assembled in Conse-
quence of the fi rst Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the fi rst Class shall be vacated at
the Expiration of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fi ll such Vacancies.
3. Qualifi cations
No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State for
which he shall be chosen.
4. Role of Vice-President
The Vice President of the United States shall be Presi-
dent of the Senate, but shall have no Vote, unless they be equally divided.
5. Offi cers
The Senate shall choose their other Offi cers, and also a Presi-
dent
pro tempore
pro tempore,
4
in the Absence of the Vice President, or when he shall
exercise the Offi ce of President of the United States.
6. Impeachment Trials
The Senate shall have the sole Power to try all
Impeachments
Impeachments.
5
When sitting for that Purpose, they shall be on Oath
or Affi rmation. When the President of the United States is tried, the
Chief Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
7. Punishment for Impeachment
Judgment in Cases of Impeachment shall
not extend further than to removal from Offi ce, and disqualifi cation to hold
and enjoy any Offi ce of honor, Trust or Profi t under the United States: but
the Party convicted shall nevertheless be liable and subject to Indictment,
Trial, Judgment and Punishment, according to Law.
The Vice President
The only duty that the
Constitution assigns to
the vice president is to
preside over meetings of the
Senate. Modern presidents
have usually given their
vice presidents more
responsibilities.
Federal Office Terms and Requirements
152 CHAPTER 5
If the
House of
Representatives charges
a government official with
wrongdoing, the Senate
acts as a court to decide if
the official is guilty.
How does the power of
impeachment represent part
of the system of checks and
balances?
Position Term Minimum Age Residency Citizenship
President
4 years 35 14 years in the U.S. natural-born
Vice President
4 years 35 14 years in the U.S. natural-born
Supreme Court
Justice
unlimited none none none
Senator
6 years 30 state in which elected 9 years
Representative
2 years 25 state in which elected 7 years
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-11
Vocabulary
6
Quorum the minimum
number of people needed to
conduct business
7
adjourn to stop indefinitely
8
Emoluments salary
9
Continuance term
CITIZENSHIP AND THE CONSTITUTION
153
Section 4.
Congressional Elections
1. Regulations
The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by the Legis-
lature thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
2. Sessions
The Congress shall assemble at least once in every Year, and
such Meeting shall be on the fi rst Monday in December, unless they shall
by Law appoint a different Day.
Section 5.
Rules/Procedures
1. Quorum
Each House shall be the Judge of the Elections, Returns and
Qualifi cations of its own Members, and a Majority of each shall constitute
a
Quorum
Quorum
6
to do Business; but a smaller Number may
adjourn
adjourn
7
from day to
day, and may be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House may provide.
2. Rules and Conduct
Each House may determine the Rules of its Proceed-
ings, punish its Members for disorderly Behaviour, and, with the Concur-
rence of two thirds, expel a Member.
3. Records
Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their Judg-
ment require Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fi fth of those Present, be
entered on the Journal.
4. Adjournment
Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three days, nor to
any other Place than that in which the two Houses shall be sitting.
Section 6.
Payment
1. Salary
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of the Treasury
of the United States. They shall in all Cases, except Treason, Felony and
Breach of the Peace, be privileged from Arrest during their Attendance at
the Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
2. Restrictions
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Offi ce under the Authority
of the United States, which shall have been created, or the
Emoluments
Emoluments
8
whereof shall have been increased during such time; and no Person hold-
ing any Offi ce under the United States, shall be a Member of either House
during his
Continuance
Continuance
9
in Offi ce.
CITIZENSHIP AND THE CONSTITUTION 153
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-12
Vocabulary
10
Bills proposed laws
154 CHAPTER 5
Section 7.
How a Bill Becomes a Law
1. Tax Bills
All
Bills
Bills
10
for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on other Bills.
2. Lawmaking
Every Bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it become a Law, be presented to
the President of the United States: If he approve he shall sign it, but if not
he shall return it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two thirds of that
House shall agree to pass the Bill, it shall be sent, together with the Objec-
tions, to the other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and Nays, and
the Names of the Persons voting for and against the Bill shall be entered
on the Journal of each House respectively. If any Bill shall not be returned
by the President within ten Days (Sundays excepted) after it shall have
been presented to him, the Same shall be a Law, in like Manner as if he had
signed it, unless the Congress by their Adjournment prevent its Return, in
which Case it shall not be a Law.
3. Role of the President
Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be neces-
sary (except on a question of Adjournment) shall be presented to the Presi-
dent of the United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by two
thirds of the Senate and House of Representatives, according to the Rules
and Limitations prescribed in the Case of a Bill.
154 CHAPTER 5
How a Bill Becomes a Law
1 A member of the
House or the Senate
introduces a bill and
refers it to a committee.
2 The House or Senate
Committee may approve,
rewrite, or kill the bill.
3 The House or the Senate
debates and votes on its ver-
sion of the bill.
4 House and Senate con-
ference committee members
work out the differences
between the two versions.
5 Both houses of Congress
pass the revised bill.
The veto
power of the
president is one of the important
checks and balances in the
Constitution. Why do you
think the framers included the
ability of Congress to override
a veto?
The framers
felt that
because members of the
House are elected every two
years, representatives would
listen to the public and seek
its approval before passing
taxes. How does Section 7
address the colonial demand
of “no taxation without
representation”?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-13
CITIZENSHIP AND THE CONSTITUTION 155
Section 8.
Powers Granted to Congress
1. Taxation
The Congress shall have Power
To lay and collect Taxes,
Duties
Duties,
11
Imposts
Imposts
12
and
Excises
Excises,
13
to pay the Debts and provide
for the common Defense and general Welfare
of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the
United States;
2. Credit
To borrow Money on the credit
of the United States;
3. Commerce
To regulate Commerce with
foreign Nations, and among the several
States, and with the Indian Tribes;
4. Naturalization and Bankruptcy
To establish an uniform
Rule of
Rule of
Naturalization
Naturalization,
14
and uniform Laws on the subject of Bankruptcies
throughout the United States;
5. Money
To coin Money, regulate the Value thereof, and of foreign Coin,
and fi x the Standard of Weights and Measures;
6. Counterfeiting
To provide for the Punishment of counterfeiting the
Securities
15
and current Coin of the United States;
7. Post Offi ce
To establish Post Offi ces and post Roads;
8. Patents and Copyrights
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
9. Courts
To constitute Tribunals inferior to the supreme Court;
10. International Law
To defi ne and punish Piracies and Felonies com-
mitted on the high Seas, and Offences against the Law of Nations;
CITIZENSHIP AND THE CONSTITUTION 155
Native Americans and the
Commerce Clause
The commerce clause gives Congress the power to “regulate Com-
merce with . . . the Indian Tribes.” The clause has been interpreted to
mean that the states cannot tax or interfere with businesses on Indian
reservations, but that the federal government can. It recognized
American Indian nations had their own governments and laws. These
laws, however, can be challenged in federal court. Although reserva-
tion land usually belongs to the Indian tribes and they govern it them-
selves, the U.S. government reserves certain administrative rights.
Drawing Conclusions How would you describe the status of
American Indian nations under the commerce clause?
LINKING
T
O
DAY
TO
ANALYZING INFORMATION
Why do you think the framers created this
complex system for adopting laws?
ANALYSIS
SKILL
6 The president signs or
vetoes the bill.
Two-thirds majority
vote of Congress is needed
to approve a vetoed bill. Bill
becomes a law.
7
Vocabulary
11
Duties tariffs
12
Imposts taxes
13
Excises internal taxes on
the manufacture, sale, or
consumption of a commodity
14
Rule of Naturalization
a law by which a foreign-born
person becomes a citizen
15
Securities bonds
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-14
Vocabulary
16
Letters of Marque and
Reprisal documents issued
by governments allowing
merchant ships to arm
themselves and attack ships
of an enemy nation
156 CHAPTER 5
11. War
To declare War, grant
Letters of Marque and Reprisal
Letters of Marque and Reprisal,
16
and
make Rules concerning Captures on Land and Water;
12. Army
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
13. Navy
To provide and maintain a Navy;
14. Regulation of the Military
To make Rules for the Government and
Regulation of the land and naval Forces;
15. Militia
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
16. Regulation of the Militia
To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to the States respec-
tively, the Appointment of the Offi cers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
17. District of Columbia
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the
Seat of the Government of the United States, and to exercise like Author-
ity over all Places purchased by the Consent of the Legislature of the State
in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;—And
18. Necessary and Proper Clause
To make all Laws which shall be neces-
sary and proper for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government of the United
States, or in any Department or Offi cer thereof.
Section 9.
Powers Denied Congress
1. Slave Trade
The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Elastic Clause
The framers of the
Constitution wanted a
national government that
was strong enough to be
effective. This section
lists the powers given to
Congress. The last portion
of Section 8 contains the
so-called elastic clause.
The elastic clause has been
stretched (like elastic) to allow
Congress to meet changing
circumstances.
156 CHAPTER 5
The Elastic Clause
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-15
Vocabulary
17
Writ of Habeas Corpus
a court order that requires
the government to bring a
prisoner to court and explain
why he or she is being held
18
Bill of Attainder a law
declaring that a person is
guilty of a particular crime
19
ex post facto Law a law
that is made effective prior to
the date that it was passed
and therefore punishes
people for acts that were not
illegal at the time
20
Capitation a direct uniform
tax imposed on each head,
or person
Although
Congress
has implied powers, there
are also limits to its powers.
Section 9 lists powers that
are denied to the federal
government. Several of the
clauses protect the people of
the United States from unjust
treatment. In what ways
does the Constitution limit
the powers of the federal
government?
CITIZENSHIP AND THE CONSTITUTION 157
2. Habeas Corpus
The Privilege of the
Writ of Habeas Corpus
Writ of Habeas Corpus
17
shall not
be suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
3. Illegal Punishment
No
Bill of
Bill of
Attainder
Attainder
18
or
ex
ex
post facto
post facto
Law
Law
19
shall
be passed.
4. Direct Taxes
No
Capitation
Capitation,
20
or other direct, Tax shall be laid, unless in
Proportion to the Census or enumeration herein before directed to be taken.
5. Export Taxes
No Tax or Duty shall be laid on Articles exported from
any State.
6. No Favorites
No Preference shall be given by any Regulation of Com-
merce or Revenue to the Ports of one State over those of another; nor shall
Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties
in another.
7. Public Money
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money shall be pub-
lished from time to time.
8. Titles of Nobility
No Title of Nobility shall be granted by the United
States: And no Person holding any Offi ce of Profi t or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Offi ce, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10.
Powers Denied the States
1. Restrictions
No State shall enter into any Treaty, Alliance, or Confed-
eration; grant Letters of Marque and Reprisal; coin Money; emit Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
2. Import and Export Taxes
No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or Exports,
shall be for the Use of the Treasury of the United States; and all such Laws
shall be subject to the Revision and Control of the Congress.
3. Peacetime and War Restraints
No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such immi-
nent Danger as will not admit of delay.
CITIZENSHIP AND THE CONSTITUTION 157
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-16
13
4
31
5
8
27
20
11
17
9
6
9
55
TX 34
N
E
5
SD 3
AK 3
HI 4
DE 3
MD 10
Washington, D.C. 3
VA
NJ 15
CT 7
RI 4
MA 12
ME
NH 4
VT 3
NY
PA 21
WV
TN 11
NC 15
SC
GA 15
FL
KY 8
OH
IN
MI
IL 21
AL
MS
LA
AR 6
MO 11
IA 7
WI 10
MN 10
OK 7
KS 6
NM 5
CO 9
WY 3
AZ 10
UT 5
MT 3
NV 5
ID 4
CA
OR 7
WA 11
ND 3
Number of Electors11
55
AK 3
HI 4
CA
158 CHAPTER 5
Article II The Executive
Section 1.
The Presidency
1. Terms of Offi ce
The executive Power shall be vested in a President of
the United States of America. He shall hold his Offi ce during the Term
of four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows:
2. Electoral College
Each State shall appoint, in such Manner as the Leg-
islature thereof may direct, a Number of Electors, equal to the whole Num-
ber of Senators and Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or Person holding an Offi ce
of Trust or Profi t under the United States, shall be appointed an Elector.
3. Former Method of Electing President
The Electors shall meet in their
respective States, and vote by Ballot for two Persons, of whom one at least
shall not be an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the Number of Votes
for each; which List they shall sign and certify, and transmit sealed to the
Seat of the Government of the United States, directed to the President of
the Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certifi cates, and the Votes shall
Executive Branch
The president is the chief of the
executive branch. It is the job
of the president to enforce the
laws. The framers wanted the
president’s and vice president’s
terms of office and manner of
selection to be different from
those of members of Congress.
They decided on four-year
terms, but they had a difficult
time agreeing on how to
select the president and vice
president. The framers finally
set up an electoral system,
which varies greatly from our
electoral process today.
Presidential Elections
In 1845 Congress set the
Tuesday following the first
Monday in November of every
fourth year as the general
election date for selecting
presidential electors.
158 CHAPTER 5
The Electoral College
INTERPRETING MAPS
Place What two states have the most electors?
GEOGRAPHY
SKILLS
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-17
CITIZENSHIP AND THE CONSTITUTION 159
then be counted. The Person having the greatest Number of Votes shall be
the President, if such Number be a Majority of the whole Number of Elec-
tors appointed; and if there be more than one who have such Majority, and
have an equal Number of Votes, then the House of Representatives shall
immediately choose by Ballot one of them for President; and if no Person
have a Majority, then from the fi ve highest on the List the said House shall
in like Manner choose the President. But in choosing the President, the
Votes shall be taken by States, the Representation from each State having
one Vote; A quorum for this purpose shall consist of a Member or Mem-
bers from two thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the Choice of the President, the
Person having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more who have equal Votes,
the Senate shall choose from them by Ballot the Vice President.
4. Election Day
The Congress may determine the Time of choosing the
Electors, and the Day on which they shall give their Votes; which Day shall
be the same throughout the United States.
5. Qualifi cations
No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitution, shall
be eligible to the Offi ce of President; neither shall any Person be eligible to
that Offi ce who shall not have attained to the Age of thirty fi ve Years, and
been fourteen Years a Resident within the United States.
6. Succession
In Case of the Removal of the President from Offi ce, or of
his Death, Resignation, or Inability to discharge the Powers and Duties of
the said Offi ce, the Same shall devolve on the Vice President, and the Con-
gress may by Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring what Offi cer
shall then act as President, and such Offi cer shall act accordingly, until the
Disability be removed, or a President shall be elected.
7. Salary
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased nor diminished during
the Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or any
of them.
8. Oath of Offi ce
Before he enter on the Execution of his Offi ce, he shall
take the following Oath or Affi rmation:—“I do solemnly swear (or affi rm)
that I will faithfully execute the Offi ce of President of the United States,
and will to the best of my Ability, preserve, protect and defend the Consti-
tution of the United States.”
Presidential Salary
In 1999 Congress voted to set
future presidents’ salaries
at $400,000 per year. The
president also receives an
annual expense account.
The president must pay taxes
only on the salary.
CITIZENSHIP AND THE CONSTITUTION
159
The youngest
elected
president was John F.
Kennedy; he was 43
years old when he was
inaugurated. (Theodore
Roosevelt was 42 when he
assumed office after the
assassination of McKinley.)
What is the minimum
required age for the office of
president?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-18
Vocabulary
21
Reprieves delays of
punishment
22
Pardons releases from the
legal penalties associated
with a crime
160 CHAPTER 5
Section 2.
Powers of Presidency
1. Military Powers
The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Offi cer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offi ces, and he shall have Power to grant
Reprieves
Reprieves
21
and
Pardons
Pardons
22
for
Offences against the United States, except in Cases of Impeachment.
2. Treaties and Appointments
He shall have Power, by and with the
Advice and Consent of the Senate, to make Treaties, provided two thirds of
the Senators present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Offi cers
of the United States, whose Appointments are not herein otherwise pro-
vided for, and which shall be established by Law: but the Congress may by
Law vest the Appointment of such inferior Offi cers, as they think proper, in
the President alone, in the Courts of Law, or in the Heads of Departments.
3. Vacancies
The President shall have Power to fi ll up all Vacancies that
may happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section 3.
Presidential Duties
He shall from time to time give to the Congress Information of the State
of the Union, and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Offi cers of the United States.
Section 4.
Impeachment
The President, Vice President and all civil Offi cers of the United States, shall
be removed from Offi ce on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
Commander in Chief
Today the president is in
charge of the army, navy, air
force, marines, and coast
guard. Only Congress, however,
can decide if the United States
will declare war.
Appointments
Most of the president’s
appointments to office must
be approved by the Senate.
The State of the Union
Every year the president
presents to Congress a State
of the Union message. In
this message, the president
introduces and explains
a legislative plan for the
coming year.
160 CHAPTER 5
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-19
Article III The Judiciary
Section 1.
Federal Courts and Judges
The judicial Power of the United States shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme and inferior Courts,
shall hold their Offi ces during good Behavior, and shall, at stated Times,
receive for their Services a Compensation, which shall not be diminished
during their Continuance in Offi ce.
Section 2.
Authority of the Courts
1. General Authority
The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;—to all
Cases affecting Ambassadors, other public Ministers and Consuls;—to all
Cases of admiralty and maritime Jurisdiction;—to Controversies to which
the United States shall be a Party;—to Controversies between two or more
States —between a State and Citizens of another State;
—between Citizens
of different States;—between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citizens there-
of, and foreign States, Citizens or Subjects.
2. Supreme Authority
In all Cases affecting Ambassadors, other public Min-
isters and Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make.
Judicial Branch
The Articles of Confederation
did not set up a federal
court system. One of the
first points that the framers
of the Constitution agreed
upon was to set up a national
judiciary. In the Judiciary Act
of 1789, Congress provided
for the establishment of
lower courts, such as
district courts, circuit courts
of appeals, and various
other federal courts. The
judicial system provides
a check on the legislative
branch: it can declare a law
unconstitutional.
CITIZENSHIP AND THE CONSTITUTION
161
Federal Judicial System
Supreme Court
Reviews cases appealed from lower
federal courts and highest state courts
Review appeals
from district courts
Hold trials
Courts of Appeals
District Courts
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-20
Vocabulary
23
Corruption of Blood
punishing the family of a
person convicted of treason
162 CHAPTER 5
3. Trial by Jury
The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress may by Law
have directed.
Section 3.
Treason
1. Defi nition
Treason against the United States, shall consist only in levy-
ing War against them, or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless on the Testimony
of two Witnesses to the same overt Act, or on Confession in open Court.
2. Punishment
The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work
Corruption of Blood
Corruption of Blood,
23
or
Forfeiture except during the Life of the Person attainted.
Article IV Relations among States
Section 1.
State Acts and Records
Full Faith and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. And the Congress may by
general Laws prescribe the Manner in which such Acts, Records and Pro-
ceedings shall be proved, and the Effect thereof.
Section 2.
Rights of Citizens
1. Citizenship
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
2. Extradition
A Person charged in any State with Treason, Felony, or oth-
er Crime, who shall fl ee from Justice, and be found in another State, shall
on Demand of the executive Authority of the State from which he fl ed, be
delivered up, to be removed to the State having Jurisdiction of the Crime.
3. Fugitive Slaves
No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence of any Law
or Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.
162 CHAPTER 5
The framers
wanted
to ensure that citizens
could determine how
state governments would
operate. How does the
need to respect the laws
of each state support
the principle of popular
sovereignty?
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CITIZENSHIP AND THE CONSTITUTION 163
Section 3.
New States
1. Admission
New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
2. Congressional Authority
The Congress shall have Power to dispose
of and make all needful Rules and Regulations respecting the Territory or
other Property belonging to the United States; and nothing in this Consti-
tution shall be so construed as to Prejudice any Claims of the United States,
or of any particular State.
Section 4.
Guarantees to the States
The United States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion; and
on Application of the Legislature, or of the Executive (when the Legislature
cannot be convened), against domestic Violence.
The States
States must honor the laws,
records, and court decisions
of other states. A person
cannot escape a legal
obligation by moving from
one state to another.
CITIZENSHIP AND THE CONSTITUTION
163
State
Establish and maintain
schools
Establish local governments
Regulate business within
the state
Make marriage laws
Provide for public safety
Assume other powers not
delegated to the national
government or prohibited
to the states
Federalism
National
Declare war
Maintain armed forces
Regulate interstate and
foreign trade
Admit new states
Establish post offices
Set standard weights
and measures
Coin money
Establish foreign policy
Make all laws necessary and
proper for carrying out delegated
powers
Shared
Maintain law
and order
Levy taxes
Borrow money
Charter banks
Establish courts
Provide for
public welfare
ANALYZING INFORMATION
Why does the power to declare war belong
only to the national government?
ANALYSIS
SKILL
In a republic,
voters elect
representatives to act in
their best interest. How
does Article IV protect the
practice of republicanism in
the United States?
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Article V Amending the Constitution
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States, shall call a Conven-
tion for proposing Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when ratifi ed by the Leg-
islatures of three fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratifi cation may be pro-
posed by the Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight shall in any Manner
affect the fi rst and fourth Clauses in the Ninth Section of the fi rst Article; and
that no State, without its Consent, shall be deprived of its equal Suffrage in
the Senate.
Article VI
Supremacy of National Government
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution, and the Laws
of the United States which shall
be made in Pursuance there-
of; and all Treaties made, or
which shall be made, under the
Authority of the United States,
shall be the supreme Law of the
Land; and the Judges in every
State shall be bound thereby,
any Thing in the Constitution
or Laws of any State to the Con-
trary notwithstanding.
The Senators and Represen-
tatives before mentioned,
and the Members of the sev-
eral State Legislatures, and all
executive and judicial Offi cers,
both of the United States and
of the several States, shall be
bound by Oath or Affi rmation,
to support this Constitution;
but no religious Test shall ever
be required as a Qualifi cation
to any Offi ce or public Trust
under the United States.
National Supremacy
One of the biggest problems
facing the delegates to the
Constitutional Convention
was the question of what
would happen if a state
law and a federal law
conflicted. Which law would
be followed? Who would
decide? The second clause
of Article VI answers those
questions. When a federal
law and a state law disagree,
the federal law overrides the
state law. The Constitution
and other federal laws are
the “supreme Law of the
Land.” This clause is often
called the supremacy clause.
164 CHAPTER 5
or
or
Ratifi ed by
with a two-thirds
vote in each house
called by Congress
at the request of
two-thirds of the
state legislatures
164 CHAPTER 5
America’s
founders
may not have realized how
long the Constitution would
last, but they did set up a
system for changing or
adding to it. They did not want
to make it easy to change
the Constitution. By what
methods may the Constitution
be amended? Under what
sorts of circumstances do
you think an amendment
might be necessary?
Amending the
U.S. Constitution
Amendments can be proposed by
Congress National
Convention
Legislatures
of three-fourths
of the states
Conventions
in three-fourths
of the states
Amendment is added
to the Constitution.
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CITIZENSHIP AND THE CONSTITUTION 165
Article VII Ratification
The Ratifi cation of the Conventions of nine States, shall be suffi cient for the
Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United States
of America the Twelfth In witness whereof We have hereunto subscribed
our Names,
George Washington—
President and deputy from Virginia
Delaware
George Read
Gunning Bedford Jr.
John Dickinson
Richard Bassett
Jacob Broom
Maryland
James McHenry
Daniel of
St. Thomas Jenifer
Daniel Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
William Blount
Richard Dobbs Spaight
Hugh Williamson
South Carolina
John Rutledge
Charles Cotesworth
Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abraham Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
William Samuel Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
William Livingston
David Brearley
William Paterson
Jonathan Dayton
Pennsylvania
Benjamin Franklin
Thomas Miffl in
Robert Morris
George Clymer
Thomas FitzSimons
Jared Ingersoll
James Wilson
Gouverneur Morris
Attest:
William Jackson,
Secretary
Ratification
The Articles of Confederation
called for all 13 states to
approve any revision to the
Articles. The Constitution
required that 9 out of the
13 states would be needed
to ratify the Constitution.
The first state to ratify was
Delaware, on December
7, 1787. Almost two-and-a-
half years later, on May 29,
1790, Rhode Island became
the last state to ratify the
Constitution.
CITIZENSHIP AND THE CONSTITUTION
165
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166 CHAPTER 5
Constitutional Amendments
Amendments 1–10. The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or pro-
hibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be
quartered
quartered
24
in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no
Warrants
Warrants
25
shall issue, but upon probable cause, supported by Oath
or affi rmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous
infamous
26
crime, unless on a presentment or
indictment
indictment
27
of a Grand Jury, except in
Rights of the Accused
The Fifth, Sixth, and Seventh
Amendments describe the
procedures that courts must
follow when trying people
accused of crimes.
Bill of Rights
One of the conditions set by
several states for ratifying
the Constitution was the
inclusion of a bill of rights.
Many people feared that a
stronger central government
might take away basic
rights of the people that had
been guaranteed in state
constitutions.
Note: The fi rst 10 amendments to the Constitution were ratifi ed on
December 15, 1791, and form what is known as the Bill of Rights.
166 CHAPTER 5
Fundamental Liberties
The First
Amendment
forbids Congress from
making any “law respecting
an establishment of
religion” or restraining the
freedom to practice religion
as one chooses. Why is
freedom of religion an
important right?
Vocabulary
24
quartered housed
25
Warrants written orders
authorizing a person to
make an arrest, a seizure,
or a search
26
infamous disgraceful
27
indictment the act of
charging with a crime
Freedom of SpeechFreedom of Religion
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Vocabulary
28
ascertained found out
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previ-
ously
ascertained
ascertained
28
by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall exceed twen-
ty dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fi nes imposed, nor cruel
and unusual punishments infl icted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be con-
strued to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.
Trials
The Sixth Amendment makes
several guarantees, including
a prompt trial and a trial by
a jury chosen from the state
and district in which the
crime was committed.
Freedom of Assembly
167
Which amendment guarantees these fundamental freedoms?
ANALYSIS
SKILL
Freedom to
Petition the
Government
The Ninth
and Tenth
Amendments were added
because not every right
of the people or of the
states could be listed in
the Constitution. How
do the Ninth and Tenth
Amendments limit the power
of the federal government?
ANALYZING INFORMATION
Freedom of the Press
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-26
Vocabulary
29
construed explained or
interpreted
168 CHAPTER 5
Amendments 11–27
Amendment XI
Passed by Congress March 4, 1794. Ratifi ed February 7, 1795.
The Judicial power of the United States shall not be
construed
construed
29
to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State.
Amendment XII
Passed by Congress December 9, 1803. Ratifi ed June 15, 1804.
The Electors shall meet in their respective states and vote by ballot for Presi-
dent and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the
person voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President
of the Senate;—the President of the Senate shall, in the presence of the
President and
Vice President
The Twelfth Amendment
changed the election
procedure for president and
vice president.
1791
Bill of Rights
Amendments 110
179 5
Amendment 11
Protects the states
from lawsuits filed
by citizens of other
states or countries
18 0 4
Amendment 12
Requires separate
ballots for the
offices of president
and vice president
18 6 8
Amendment 14
Defines citizenship
and citizens’ rights
18 6 5
Amendment 13
Bans slavery
187 0
Amendment 15
Prohibits national and state
governments from denying
the vote based on race
168 CHAPTER 5
Amendments to the U.S. Constitution
179 0 18 7 018 2 0
The Constitution has been amended only 27 times since it
was ratified more than 200 years ago. Amendments help
the structure of the government change along with the
values of the nation’s people. Read the time line below to
learn how each amendment changed the government.
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CITIZENSHIP AND THE CONSTITUTION 169
Senate and House of Representatives, open all the certifi cates and the votes
shall then be counted;—The person having the greatest number of votes
for President, shall be the President, if such number be a majority of the
whole number of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not exceeding three on
the list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the Presi-
dent, the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the states shall
be necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President
shall act as President, as in case of the death or other constitutional disabil-
ity of the President.—The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the offi ce
of President shall be eligible to that of Vice-President of the United States.
1913
Amendment 16
Allows Congress to
tax incomes
Amendment 17
Establishes the
direct election of
U.S. senators
1919
Amendment 18
Bans the making,
selling, and
shipping of alco-
holic beverages
192 0
Amendment 19
Extends the right
to vote to women
1933
Amendment 21
Repeals Amendment 18
1933
Amendment 20
Changes the date
for starting a new
congressional term
and inaugurating a
new president
1951
Amendment 22
Limits terms a
president can
serve to two
19 67
Amendment 25
Establishes procedures for
presidential succession
19 92
Amendment 27
Limits the ability
of Congress to
increase its pay
19 61
Amendment 23
Gives citizens of Washington, D.C., the
right to vote in presidential elections
19 6 4
Amendment 24
Bans poll taxes
1971
Amendment 26
Gives 18-year-olds the right to vote
in federal and state elections
CITIZENSHIP AND THE CONSTITUTION 169
READING TIME LINES
1. How are the Eighteenth and Twenty-first Amendments related?
2. Which amendments relate to the right to vote?
ANALYSIS
SKILL
200019 2 0 19 7 0
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Vocabulary
30
involuntary servitude
being forced to work against
one’s will
170 CHAPTER 5
Amendment XIII
Passed by Congress January 31, 1865. Ratifi ed December 6, 1865.
1. Slavery Banned
Neither slavery nor
involuntary
involuntary
servitude,
servitude,
30
except
as a punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject to their
jurisdiction.
2. Enforcement
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XIV
Passed by Congress June 13, 1866. Ratifi ed July 9, 1868.
1. Citizenship Defi ned
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or prop-
erty, without due process of law; nor deny to any person within its jurisdic-
tion the equal protection of the laws.
2. Voting Rights
Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed
. But when the right
to vote at any election for the choice of electors for President and Vice-
President of the United States, Representatives in Congress, the Executive
and Judicial offi cers of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way abridged, 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
citizens shall bear to the whole number of male citizens twenty-one years
of age in such State.
3. Rebels Banned from Government
No person shall be a Senator or Rep-
resentative in Congress, or elector of President and Vice-President, or hold
any offi ce, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
offi cer of the United States, or as a member of any State legislature, or as an
executive or judicial offi cer of any State, to support the Constitution 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.
4. Payment of Debts
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
Protecting the
Rights of Citizens
In 1833 the Supreme
Court ruled that the Bill of
Rights limited the federal
government but not the
state governments. This
ruling was interpreted to
mean that states were able
to keep African Americans
from becoming state citizens
and keep the Bill of Rights
from protecting them. The
Fourteenth Amendment
defines citizenship and
prevents states from
interfering in the rights of
citizens of the United States.
Abolishing Slavery
Although some slaves
had been freed during the
Civil War, slavery was not
abolished until the Thirteenth
Amendment took effect.
170 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 171
bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation of any slave
;
but all such debts, obligations and claims shall be held illegal and void.
5. Enforcement
The Congress shall have the power to enforce, by appro-
priate legislation, the provisions of this article.
Amendment XV
Passed by Congress February 26, 1869. Ratifi ed February 3, 1870.
1. Voting Rights
The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State on account
of race, color, or previous condition of servitude.
2. Enforcement
The Congress shall have the power to enforce this article
by appropriate legislation.
CITIZENSHIP AND THE CONSTITUTION 171
ANALYZING INFORMATION
ANALYSIS
SKILL
Why was the Thirteenth Amendment needed?
African Americans participate
in an election.
The Reconstruction Amendments
The Thirteenth, Fourteenth, and
Fifteenth Amendments are often
called the Reconstruction Amend-
ments. This is because they arose
during Reconstruction, the period of
American history following the Civil
War. The country was reconstruct-
ing itself after that terrible conflict.
A key aspect of Reconstruction was
extending the rights of citizenship to
former slaves.
The Thirteenth Amendment
banned slavery. The Fourteenth
Amendment required states to respect
the freedoms listed in the Bill of
Rights, thus preventing states from
denying rights to African Americans.
The Fifteenth Amendment gave Afri-
can American men the right to vote.
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172 CHAPTER 5
Amendment XVI
Passed by Congress July 2, 1909. Ratifi ed February 3, 1913.
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.
Amendment XVII
Passed by Congress May 13, 1912. Ratifi ed April 8, 1913.
1. Senators Elected by Citizens
The Senate of the United States shall be
composed of two Senators from each State, elected by the people thereof,
for six years; and each Senator shall have one vote. The electors in each
State shall have the qualifi cations requisite for electors of the most numer-
ous branch of the State legislatures.
2. Vacancies
When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue writs of elec-
tion to fi ll such vacancies: Provided, That the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fi ll the vacancies by election as the legislature may direct.
3. Future Elections
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes valid as part
of the Constitution.
Amendment XVIII
Passed by Congress December 18, 1917. Ratifi ed January 16, 1919. Repealed by
Amendment XXI.
1. Liquor Banned
After one year from the ratifi cation of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United States
and all territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
2. Enforcement
The Congress and the several States shall have concur-
rent power to enforce this article by appropriate legislation.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of the
several States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Prohibition
Although many people
believed that the Eighteenth
Amendment was good for
the health and welfare of
the American people, it was
repealed 14 years later.
172 CHAPTER 5
The
Seventeenth
Amendment requires that
senators be elected directly
by the people instead of by
the state legislatures. What
principle of our government
does the Seventeenth
Amendment protect?
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CITIZENSHIP AND THE CONSTITUTION 173
Amendment XIX
Passed by Congress June 4, 1919. Ratifi ed August 18, 1920.
1. Voting Rights
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of sex.
2. Enforcement
Congress shall have power to enforce this article by appro-
priate legislation.
Amendment XX
Passed by Congress March 2, 1932. Ratifi ed January 23, 1933.
1. Presidential Terms
The terms of the President and the Vice President
shall end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratifi ed; and the
terms of their successors shall then begin.
Women’s Suffrage
Abigail Adams and others
were disappointed that the
Declaration of Independence
and the Constitution did not
specifically include women.
It took many years and much
campaigning before suffrage
for women was finally
achieved.
CITIZENSHIP AND THE CONSTITUTION
173
Women Fight for the Vote
To become part of the Constitution, a proposed amendment
must be ratified by three-fourths of the states. Here, suffragists wit-
ness Kentucky governor Edwin P. Morrow signing the Nineteenth
Amendment in January 1920. By June of that year, enough states
had ratified the amendment to make it part of the Constitution.
American women, after generations of struggle, had finally won
the right to vote.
ANALYZING INFORMATION
ANALYSIS
SKILL
What right did the Nineteenth Amendment grant?
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174 CHAPTER 5
2. Meeting of Congress
The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of January, unless
they shall by law appoint a different day.
3. Succession of Vice President
If, at the time fi xed for the beginning of
the term of the President, the President elect shall have died, the Vice Presi-
dent elect shall become President. If a President shall not have been chosen
before the time fi xed for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice President elect shall act as Presi-
dent until a President shall have qualifi ed; and the Congress may by law
provide for the case wherein neither a President elect nor a Vice President
shall have qualifi ed, declaring who shall then act as President, or the man-
ner in which one who is to act shall be selected, and such person shall act
accordingly until a President or Vice President shall have qualifi ed.
4. Succession by Vote of Congress
The Congress may by law provide for
the case of the death of any of the persons from whom the House of Repre-
sentatives may choose a President whenever the right of choice shall have
devolved upon them, and for the case of the death of any of the persons
from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
5. Ratifi cation
Sections 1 and 2 shall take effect on the 15th day of Octo-
ber following the ratifi cation of this article.
6. Ratifi cation
This article shall be inoperative unless it shall have been rati-
ed as an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its submission.
Amendment XXI
Passed by Congress February 20, 1933. Ratifi ed December 5, 1933.
1. 18th Amendment Repealed
The eighteenth article of amendment to
the Constitution of the United States is hereby repealed.
2. Liquor Allowed by Law
The transportation or importation into any
State, Territory, or Possession of the United States for delivery or use therein
of intoxicating liquors, in violation of the laws thereof, is hereby prohib-
ited.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by conventions in the sev-
eral States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Taking Office
In the original Constitution, a
newly elected president and
Congress did not take office
until March 4, which was four
months after the November
election. The officials who
were leaving office were
called lame ducks because
they had little influence
during those four months.
The Twentieth Amendment
changed the date that the
new president and Congress
take office. Members of
Congress now take office
during the first week of
January, and the president
takes office on January 20.
174 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 175
Amendment XXII
Passed by Congress March 21, 1947. Ratifi ed February 27, 1951.
1. Term Limits
No person shall be elected to the offi ce of the President
more than twice, and no person who has held the offi ce of President, or
acted as President, for more than two years of a term to which some other
person was elected President shall be elected to the offi ce of President more
than once. But this Article shall not apply to any person holding the offi ce
of President when this Article was proposed by Congress, and shall not
prevent any person who may be holding the offi ce of President, or act-
ing as President, during the term within which this Article becomes opera-
tive from holding the offi ce of President or acting as President during the
remainder of such term.
2. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of three-
fourths of the several States within seven years from the date of its submis-
sion to the States by the Congress.
Amendment XXIII
Passed by Congress June 16, 1960. Ratifi ed March 29, 1961.
1. District of Columbia Represented
The District constituting the seat of
Government of the United States shall appoint in such manner as Con-
gress may direct:
A number of electors of President and Vice President equal to the whole num-
ber of Senators and Representatives in Congress to which the District would
be entitled if it were a State, but in no event more than the least populous
State; they shall be in addition to those appointed by the States, but they shall
be considered, for the purposes of the election of President and Vice Presi-
dent, to be electors appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article of amendment.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Voting Rights
Until the ratification of the
Twenty-third Amendment,
the people of Washington,
D.C., could not vote in
presidential elections.
CITIZENSHIP AND THE CONSTITUTION
175
From the time
of President
George Washington’s
administration, it was a
custom for presidents to
serve no more than two
terms in office. Franklin D.
Roosevelt, however, was
elected to four terms. The
Twenty-second Amendment
restricted presidents to
no more than two terms in
office. Why do you think
citizens chose to limit the
power of the president in
this way?
After Franklin D.
Roosevelt was elected
to four consecutive
terms, limits were
placed on the number
of terms a president
could serve.
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176 CHAPTER 5
Amendment XXIV
Passed by Congress August 27, 1962. Ratifi ed January 23, 1964.
1. Voting Rights
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors for
President or Vice President, or for Senator or Representative in Congress,
shall not be denied or abridged by the United States or any State by reason
of failure to pay poll tax or other tax.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXV
Passed by Congress July 6, 1965. Ratifi ed February 10, 1967.
1. Sucession of Vice President
In case of the removal of the President from
offi ce or of his death or resignation, the Vice President shall become President.
2. Vacancy of Vice President
Whenever there is a vacancy in the offi ce
of the Vice President, the President shall nominate a Vice President who
shall take offi ce upon confi rmation by a majority vote of both Houses
of Congress.
Presidential Disability
The illness of President
Eisenhower in the 1950s
and the assassination of
President Kennedy in 1963
were the events behind the
Twenty-fifth Amendment. The
Constitution did not provide
a clear-cut method for a vice
president to take over for a
disabled president or upon
the death of a president. This
amendment provides for filling
the office of the vice president
if a vacancy occurs, and it
provides a way for the vice
president—or someone else
in the line of succession—to
take over if the president is
unable to perform the duties
of that office.
176 CHAPTER 5
Poll Tax Amendment
Poll taxes were used to deny
many poor Americans, includ-
ing African Americans and
Hispanic Americans, their
right to vote. These taxes were
made unconstitutional by the
Twenty-fourth Amendment.
ANALYZING INFORMATION
How did poll taxes deny poor Americans the
opportunity to vote?
ANALYSIS
SKILL
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CITIZENSHIP AND THE CONSTITUTION 177
3. Written Declaration
Whenever the President transmits to the Presi-
dent pro tempore of the Senate and the Speaker of the House of Represen-
tatives his written declaration that he is unable to discharge the powers
and duties of his offi ce, and until he transmits to them a written declara-
tion to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
4. Removing the President
Whenever the Vice President and a major-
ity of either the principal offi cers of the executive departments or of such
other body as Congress may by law provide, transmit to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the pow-
ers and duties of his offi ce, the Vice President shall immediately assume the
powers and duties of the offi ce as Acting President.
Thereafter, when the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties
of his offi ce unless the Vice President and a majority of either the principal
offi cers of the executive department or of such other body as Congress may
by law provide, transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties
of his offi ce. Thereupon Congress shall decide the issue, assembling within
forty-eight hours for that purpose if not in session. If the Congress, within
twenty-one days after receipt of the latter written declaration, or, if Con-
gress is not in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the President
is unable to discharge the powers and duties of his offi ce, the Vice President
shall continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his offi ce.
Amendment XXVI
Passed by Congress March 23, 1971. Ratifi ed July 1, 1971.
1. Voting Rights
The right of citizens of the United States, who are eigh-
teen years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXVII
Originally proposed September 25, 1789. Ratifi ed May 7, 1992.
No law, varying the compensation for the services of the Senators and Rep-
resentatives, shall take effect, until an election of representatives shall have
intervened.
Expanded Suffrage
The Voting Rights Act of 1970
tried to set the voting age at
18. However, the Supreme
Court ruled that the act set
the voting age for national
elections only, not for state
or local elections. The
Twenty-sixth Amendment
gave 18-year-old citizens the
right to vote in all elections.
CITIZENSHIP AND THE CONSTITUTION
177
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2
178 CHAPTER 5
SECTION
Key Terms and People
James Madison, p. 178
majority rule, p. 178
petition, p. 179
search warrant, p. 180
due process, p. 180
indict, p. 180
double jeopardy, p. 180
eminent domain, p. 180
What You Will Learn…
The Bill of Rights was added
to the Constitution to define
clearly the rights and freedoms
of citizens.
The Big Idea
1. The First Amendment guar-
antees basic freedoms to
individuals.
2. Other amendments focus
on protecting citizens from
certain abuses.
3. The rights of the accused are
an important part of the Bill
of Rights.
4. The rights of states and citi-
zens are protected by the Bill
of Rights.
Main Ideas
Your father runs a bookshop in colonial Boston in 1770. Your family
lives in a very small, brick house. You and your sisters must share one
small room. One day, a red-coated British offi cer knocks on your door
and strides into the parlor. He says that your family will have to provide
a room and meals for two British soldiers. “Were already crowded!”
you protest, but he insists.
Would you support the British government’s
requirement that colonists provide food
and shelter for troops? Why?
BUILDING BACKGROUND People in the American colonies
resented the British soldiers stationed in their towns. They objected
to sudden searches and to soldiers being housed in private homes.
They disliked censorship of their newspapers. When the Constitution
was written, Americans remembered those wrongs. They insisted on
adding a bill of rights to the document.
First Amendment
Federalist James Madison promised that a bill of rights would be
added to the Constitution. This promise allowed the Constitution
to pass. In 1789 Madison began writing down a huge list of pro-
posed amendments. He then presented a shorter list to the House
of Representatives. Of those, the House approved 12. The states
ratifi ed 10, which took effect December 15, 1791. Those 10 amend-
ments, called the Bill of Rights, protect U.S. citizens’ individual lib-
erties.
The protection of individual liberties is important in a repre-
sentative democracy. Without safeguards, people’s rights would not
always be protected because of
majority rule
majority rule.
This is the idea that the
This is the idea that the
greatest number of people in society can make policies for everyone
greatest number of people in society can make policies for everyone.
While this means that most people agree on what the law should
be, it also means that smaller groups might lose their rights. The Bill
of Rights ensures that the rights of all citizens are protected.
The ideas spelled out in the First Amendment form the most basic
rights of all U.S. citizens. These rights include freedom of religion,
If YOU were there...
The Bill of Rights
HSS
8.2.6
Enumerate the powers
of government set forth in the Consti-
tution and the fundamental liberties
ensured by the Bill of Rights.
8.3.7 Understand the functions and
responsibilities of a free press.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-37
slander—false statements meant to damage
someone’s reputation. Libel, or intentionally
writing a lie that harms another person, is not
protected, either. The Supreme Court has also
ruled that speech that endangers public safety
is not protected. For example, Justice Oliver
Wendell Holmes declared in 1919 that falsely
shouting “Fire” in a crowded theater is not
protected as free speech.
Americans also have freedom of assembly,
or of holding meetings. Any group may gather
to discuss issues or conduct business. If people
gather peacefully and do not engage in illegal
activities, the government cannot interfere.
The right to
petition
petition,
or make a request of the
or make a request of the
government
government, is another right of the American
people. Any American can present a petition
to a government offi cial. This right lets Ameri-
cans show dissatisfaction with a law. They can
also suggest new laws.
READING CHECK
Summarizing What rights
does the First Amendment guarantee to Americans?
Amendment I
Congress shall make no law respecting an estab-
lishment of religion, or prohibiting the free exer-
cise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peace-
ably to assemble, and to petition the Government
for a redress of grievances.
Free-speech
protection has
also been applied
to “symbolic”
speech—non-
verbal com-
munication that
expresses an
idea, such as
wearing a
protest button.
THE IMPACT
TODAY
179
freedom of the press, freedom of speech, free-
dom of assembly, and the right to petition.
In the spirit of Thomas Jefferson’s Vir-
ginia Statute for Religious Freedom, the First
Amendment begins, “Congress shall make no
law respecting an establishment of religion,
or prohibiting the free exercise thereof.” In
other words, the government cannot support
or interfere with the practice of a religion.
This amendment keeps the government from
favoring one religion over any other or estab-
lishing an offi cial religion.
The First Amendment also guarantees free-
dom of speech and of the press. This means
that Americans have the right to express their
own ideas and views. They also have the right
to hear the ideas and views of others. Former
senator Margaret Chase Smith discussed why
these freedoms are important. “The key to secu-
rity,” she once said, “is public information.”
Freedom of speech does not mean that
people can say anything they want to, how-
ever. The Constitution does not protect
Workers use the right of assembly
to protest a proposed budget in
New York City.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-38
180 CHAPTER 5
Protecting Citizens
The Second, Third, and Fourth Amendments
relate to colonial disputes with Britain and
refl ect many of the ideals outlined in the
Declaration of Independence. The Second
Amendment deals with state militias and the
right to bear arms. Colonial militias played
a big role in the Revolutionary War. The
framers of the Constitution thought that
the states needed their militias for emergen-
cies. Today the National Guard has largely
replaced organized state militias.
Supporters of gun-control laws have gen-
erally argued that the Second Amendment
was intended to protect the collective right
of states to maintain well-regulated militia
units. Opponents hold that the amendment
was meant to protect an individual’s right
of self-defense. The meaning of the amend-
ment continues to be debated.
The Third Amendment prevents the mili-
tary from forcing citizens to house soldiers.
Before the Revolution, the British pressured
colonists to shelter and feed British soldiers.
British leaders also forced colonists to submit
to having their property searched for illegal
goods. Anger over such actions led to the
Fourth Amendment rule against “unreason-
able searches and seizures.” Before a citizen’s
property can be searched, authorities must
now get a
search warrant
search warrant.
This order gives
This order gives
authorities permission to search someone’s
authorities permission to search someone’s
property
property. A judge issues this order only when
it seems likely that a search might uncover
evidence relating to a crime. In emergen-
cies, however, police can make an emergency
search. This may preserve evidence needed to
prove possible illegal activity.
READING CHECK
Finding Main Ideas
Why were the Third and Fourth Amendments
matters of great importance to Americans when
the Bill of Rights was written?
Rights of the Accused
The Fifth, Sixth, Seventh, and Eighth Amend-
ments provide guidelines for protecting the
rights of the accused. According to the Fifth
Amendment, the government cannot pun-
ish anyone without
due process
due process
of law.
of law.
This
This
means that the law must be fairly applied
means that the law must be fairly applied.
A grand jury decides if there is enough evi-
dence to
indict
indict
(en–
(en–
DYT
DYT
)
),
or formally accuse
or formally accuse,
a person. Without an indictment, the court
cannot try anyone for a serious crime. The
Fifth Amendment also protects people from
having to testify at their own criminal trial.
To keep from testifying, a person need only
“take the Fifth.” In addition, anyone found
not guilty in a criminal trial cannot face
double jeopardy
double jeopardy.
In other words, he or she
In other words, he or she
cannot be tried again for the same crime
cannot be tried again for the same crime.
The fi nal clause of the Fifth Amend-
ment states that no one can have property
taken without due process of law. There is
one exception: the government’s power of
eminent domain
eminent domain.
This is the power to take
This is the power to take
personal property to benefi t the public
personal property to benefi t the public. One
example would be taking private land to build
a public road. However, the government must
pay the owners a fair price for the property.
If the property was gained illegally, then the
owners are not paid.
180 CHAPTER 5
Amendment II
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and sei-
zures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affi rmation, and
particularly describing the place to be searched, and the per-
sons or things to be seized.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-39
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be com-
pelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without
just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusa-
tion; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be pre-
served, and no fact tried by a jury, shall be otherwise reexam-
ined in any Court of the United States, than according to the
rules of the common law.
The Sixth Amendment protects the rights
of a person who has been indicted. It guaran-
tees that person a speedy public trial. Public
trials ensure that laws are being followed by
allowing the public to witness the proceed-
ings. Accused people have the right to know
the charges against them and can hear and
question witnesses testifying against them.
Accused people have the right to an attorney.
If they cannot pay for legal service, the gov-
ernment must provide it. Sometimes accused
persons refuse their Sixth Amendment rights.
For example, some defendants refuse the ser-
vices of an attorney, while others choose to
have a trial in front of a judge alone instead
of before a jury. In many cases, defendants
can forgo trial and agree to a plea bargain.
This means that a defendant pleads guilty to
a lesser charge and avoids risking conviction
for a crime with a greater sentence.
The Seventh Amendment states that juries
can decide civil cases. It is possible to harm
another person without committing a crime.
In such cases, the injured party may sue, or
seek justice, in a civil court. Civil cases usu-
ally involve disputes over money or property.
For example, someone might bring a civil suit
against a person who refuses to repay a debt.
CITIZENSHIP AND THE CONSTITUTION 181
A judge and jury listen to a witness in a
courtroom in Orange County, California.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-40
182 CHAPTER 5
Amendment IX
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or dispar-
age others retained by the people.
Amendment X
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
A Right to Bail
The Eighth Amendment allows for bail. Bail
is a set amount of money that defendants
promise to pay the court if they fail to appear
in court at the proper time.
By posting, or paying, bail, a defendant
can avoid staying in jail before and during a
trial. If a defendant does not show up in court
for trial, the court demands the bail money
be paid and issues a warrant for arrest.
The Eighth Amendment keeps courts
from setting unfairly high bail. However, in
cases of very serious crimes, a judge may refuse
to set bail altogether. This can be the case, for
example, if the court regards a
defendant as being potentially
dangerous to the public by
being left free. A judge can also
deny bail if he or she thinks
the defendant will not show
up for trial. In such cases the
defendant must remain in jail
through the trial.
“Cruel and Unusual Punishments”
The Eighth Amendment also bans “cruel and
unusual punishments” against a person con-
victed of a crime. For many years, Americans
have debated the question of what exactly
constitutes cruel and unusual punishment.
The debate has often centered on the issue
of capital punishment. In 1972 the Supreme
Court ruled that the way in which most states
carried out the death penalty was cruel and
unusual. The Court also found that the ways
in which many states sentenced people to
death were unfair. However, a few years later,
the Court ruled that not all executions were
in themselves cruel and unusual.
Most states still allow the death pen-
alty. Those that do must follow the Supreme
Court’s rules. To do so, many states have
changed the ways in which they carry out
the death penalty.
READING CHECK
Summarizing What is the
purpose of the Eighth Amendment?
Rights of States and Citizens
The fi nal two amendments in the Bill of Rights
give a general protection for other rights not
addressed by the fi rst eight amendments.
These amendments also reserve some govern-
mental powers for the states and the people.
Ninth Amendment
The Ninth Amendment says that the rights
listed in the Constitution are not the only
rights that citizens have. This amendment
has allowed the courts and Congress to
decide other basic rights of citizens.
Tenth Amendment
The Constitution does not address the ques-
tion of education. However, most Americans
believe that it is a basic and essential right.
This seems especially true in view of the
fact that American citizens must be able to
182 CHAPTER 5
Amendment VIII
Excessive bail shall not be
required, nor excessive
nes imposed, nor cruel
and unusual punishments
infl icted.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-41
Section 2 Assessment
KEYWORD: SS8 HP5
Online Quiz
Reviewing Ideas, Terms, and People
1. a. Identify What basic rights are protected by the First
Amendment?
b. Explain What does the right to petition the govern-
ment mean?
c. Elaborate Why is freedom of the press an important
right?
2. a. Describe How are citizens protected under the Third
and Fourth Amendments?
b. Draw Conclusions In what ways did British actions
before the Revolution lead to the Second, Third, and
Fourth Amendments?
3. a. Identify What protections does the Eighth Amendment
provide for people accused of crimes?
b. Elaborate Why is it important that the Bill of Rights
protects people accused of crimes?
4. a. Recall What is the purpose of the fi nal two amend-
ments in the Bill of Rights?
b. Analyze How does the Tenth Amendment balance
power between national and state governments?
Critical Thinking
5. Summarizing Copy the chart below. Use it to summarize
the rights guaranteed to citizens by each amendment in
the Bill of Rights.
FOCUS ON WRITING
6. Gathering Information about the Bill of Rights
What freedoms are guaranteed by the Bill of Rights?
Make a list of the most important freedoms. You’ll list
those freedoms on the third page of your pamphlet.
Amendment Right
1
2
3
4
5
6
7
8
9
10
vote for the people who represent them in
government. “Education is not just another
consumer item. It is the bedrock [founda-
tion] of our democracy,” explained educa-
tional leader Mary Hatwood Futrell. Today
state governments offer free education from
elementary to high school—to all citizens.
The Tenth Amendment recognizes that
the states and the people have additional
powers. These powers are any ones that the
Constitution does not specifi cally give to
Congress—the delegated powers. The Tenth
Amendment makes it clear that any powers
not either delegated to the federal govern-
ment or prohibited to the states belong to the
states and the people. Thus, the last amend-
ment in the Bill of Rights protects citizens’
rights. It helps to keep the balance of power
between the federal and state governments.
READING CHECK
Summarizing How does the
Tenth Amendment protect the rights of citizens?
SUMMARY AND PREVIEW In this section
you learned about the Bill of Rights. In
the next section you will learn about the
responsibilities of citizenship.
CITIZENSHIP AND THE CONSTITUTION 183
Students learn about the
rights and responsibilities
of being a U.S. citizen.
HSS
8.2.6, 8.3.7
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184 CHAPTER 5
Key Terms
naturalized citizens, p. 184
deport, p. 184
draft, p. 185
political action committees, p. 186
interest groups, p. 186
What You Will Learn…
SECTION
3
What You Will Learn…
American citizenship involves
great privileges and serious
responsibilities.
The Big Idea
1. Citizenship in the United
States is determined in sev-
eral ways.
2. Citizens are expected to fulfill
a number of important duties.
3. Active citizen involvement in
government and the commu-
nity is encouraged.
Main Ideas
Your older brother and his friends have just turned 18. That means
they must register with selective service. But it also means that
they are old enough to vote in national elections. You are inter-
ested in the upcoming elections and think it would be exciting to
have a real voice in politics. But your brother and his friends don’t
even plan to register to vote.
How would you persuade your brother
that voting is important?
BUILDING BACKGROUND Whether you are born an American
citizen or become one later, citizenship brings many rights and privi-
leges. But it also brings duties and responsibilities. Voting is both a
right and a responsibility.
Gaining U.S. Citizenship
People become U.S. citizens in several ways. First, anyone born in
the United States or a territory it controls is a citizen. People born in
a foreign country are U.S. citizens if at least one parent is a U.S. citi-
zen.
Foreign-born people whose parents are not citizens must move
Foreign-born people whose parents are not citizens must move
to the United States to become
to the United States to become
naturalized citizens
naturalized citizens. Once in the
United States, they go through a long process before applying for
citizenship. If they succeed, they become naturalized citizens, giv-
ing them most of the rights and responsibilities of other citizens.
In the United States, legal immigrants have many of the rights
and responsibilities of citizens but cannot vote or hold public
offi ce. The U.S. government can
deport
deport,
or return to the country
or return to the country
of origin
of origin, immigrants who break the law.
Legal immigrants over age 18 may request naturalization after
living in the United States for fi ve years. All legal immigrants have to
If YOU were there...
Rights and
R esponsibilities
of Citizenship
HSS
8.3.6
Describe the basic
law-making process and how the
Constitution provides numerous
opportunities for citizens to partici-
pate in the political process and to
monitor and infl uence government
(e.g., function of elections, political
parties, interest groups).
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-43
CITIZENSHIP AND THE CONSTITUTION 185
support themselves fi nancially. If not, some-
one must assume fi nancial responsibility for
them. Immigrants must be law-abiding and
support the U.S. Constitution. They must
demonstrate understanding of written and
spoken English. They also must show basic
knowledge of U.S. history and government.
When this is done, candidates go before
a naturalization court and take an oath of
allegiance to the United States. They then get
certifi cates of naturalization.
Only two differences between naturalized
and native-born citizens exist. Naturalized cit-
izens can lose their citizenship, and they can-
not become president or vice president. Many
famous Americans have been naturalized citi-
zens, including scientist Albert Einstein and
former secretary of state Madeleine Albright.
READING CHECK
Drawing Conclusions
Why does U.S. law have such demanding require-
ments for people to become naturalized citizens?
Duties of Citizenship
For a representative democracy to work,
Americans need to fulfi ll their civic duties.
“The stakes…are too high for government to
be a spectator sport,” former Texas congress-
woman Barbara Jordan once said.
Citizens elect offi cials to make laws for
them. In turn, citizens must obey those laws
and respect the authorities who enforce
them. Obeying laws includes knowing what
they are and staying informed about chang-
es. Ignorance of a law will not prevent a per-
son from being punished for breaking it.
Another duty is paying taxes for ser-
vices such as public roads, police, and pub-
lic schools. People pay sales taxes, property
taxes, and tariffs. Many Americans also pay a
tax on their income to the federal, and some-
times state, government.
Citizens have the duty to defend the
nation. Men 18 years or older must regis-
ter with selective service. In the event of a
draft
draft
, or required military
, or required military
service,
service, those able
to fi ght are already registered. Although
women do not register, many serve in the
armed forces.
Americans have the right to a trial by jury
under the Sixth Amendment. To protect this
right, citizens should be willing to serve on a
jury when they are called. Otherwise, fulfi ll-
ing each person’s Sixth Amendment rights
would be diffi cult.
READING CHECK
Making Inferences Why does
citizenship carry with it certain responsibilities?
CITIZENSHIP AND THE CONSTITUTION 185
For many people around the world,
becoming a citizen of the United States
is a lifelong dream. The highlight of the
naturalization process is the ceremony
where candidates promise to “support
and defend the Constitution and laws of
the United States of America.
Becoming a Citizen
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-44
Responsibilities of Citizens
Jury Duty
186 CHAPTER 5
For representative democracy to work,
citizens must do their part. Each activity
pictured here serves an important role in
the community.
Citizens and Government
Taking part in the elections process by voting
may be a citizen’s most vital duty. Through
free elections, U.S. citizens choose who will
lead their government.
Function of Elections
It is essential for citizens to learn as much
as they can about the issues and candidates
before voting. Information is available from
many sources: the Internet, newspapers,
television, and other media. However, vot-
ers should also be aware that some material
may be propaganda or material that is biased
deliberately to help or harm a cause.
In addition to voting, many Americans
choose to campaign for candidates or issues.
Anyone can help campaign, even if he or
she is not eligible to vote. Many people also
help campaigns by giving money directly or
through
political action committees
political action committees
(PACs),
(PACs),
groups that collect money for candidates
groups that collect money for candidates
who support certain issues
who support certain issues.
Infl uencing Government
Even after an election, people can infl uence
officials. Political participation is part of
our nation’s identity and tradition. When
colonists protested British rule in the 1700s,
they formed committees and presented their
views to political leaders.
As the new American nation grew, so
did political participation. French diplomat
Alexis de Tocqueville visited the United States
in 1831 to study American democracy. He
was amazed at the large number of political
groups Americans participated in. He wrote
about them:
What political power could ever carry on the
vast multitude [large number] of lesser under-
takings which the American citizens perform
every day, with the assistance of the principle
of association [joining a group]? Nothing, in
my opinion, is more deserving of our atten-
tion than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
U.S. citizens sometimes work with
interest
interest
groups
groups.
These groups of people share a
These groups of people share a
common interest that motivates them to
common interest that motivates them to
take political action.
take political action. Interest groups orga-
nize speeches and rallies to support their
cause. However, citizens need not join a
group to infl uence government. They can
write letters to leaders of government or
attend city council meetings. Active political
participation is an important duty for U.S.
citizens and immigrants alike.
Helping the Community
Commitment to others moves many Americans
to volunteer in community service groups.
Some small communities rely on volunteers
for services such as fi re protection and law
enforcement.
Other volunteer groups help government-
sponsored agencies. For example, Citizens on
186 CHAPTER 5
Military Service
ACADEMIC
VOCABULARY
influence
change or have
an effect on
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-45
Section 3 Assessment
Reviewing Ideas, Terms,
and People
1. a. Identify What are the different ways in which a
person can become a U.S. citizen?
b. Make Inferences Why do you think the law
requires an immigrant to live in the United States
at least fi ve years before he or she can apply to
become a naturalized citizen?
2. a. Describe What are three duties expected of U.S.
citizens?
b. Evaluate In your opinion, which duty expected
of citizens is the most important? Why?
3. a. Identify In what ways can citizens participate in
the election process?
b. Draw Conclusions Why is it important that
citizens participate in the political process?
Critical Thinking
4. Analyzing Copy the graphic organizer on the right.
Use it to analyze the different ways that a person
can become a U.S. citizen and the responsibilities
that all citizens share.
FOCUS ON WRITING
5. Thinking about Citizenship The last page of
your pamphlet will have two parts—one part on
requirements for citizenship and one part on the
responsibilities of citizens. Look back through this
section and make two lists, one on requirements
and one on responsibilities.
KEYWORD: SS8 HP5
Online Quiz
Responsibilities
U.S.
Citizenship
Community Service
Voting
Patrol and Neighborhood Watch groups ask
volunteers to walk their neighborhoods and
tell police if they observe possible criminal
activity in the area. The American Red Cross
helps citizens in times of natural disasters or
other emergencies. The Boy Scouts and Girl
Scouts plan many projects such as planting
trees to improve the environment. Even sim-
ple acts such as picking up trash in parks or
serving food in shelters help a community.
READING CHECK
Summarizing In what ways
do volunteer groups benefit the community?
SUMMARY AND PREVIEW In this section
you learned about citizens’ duties toward
their nation and their communities.
In the next chapter you will learn about
the fi rst government formed under the
Constitution.
CITIZENSHIP AND THE CONSTITUTION 187
Obey the Law
ANALYZING VISUALS
Which responsibilities can you fulfill now,
without waiting until you turn 18 years old?
ANALYSIS
SKILL
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-46
Social Studies Skills
Analysis
Critical
Thinking
Define the Skill
A context is the circumstances under which some-
thing happens. Historical context includes values,
beliefs, conditions, and practices that were com-
mon in the past. At times, some of these were quite
different from what they are today. To truly under-
stand a historical statement or event, you have to
take its context into account. It is not right to judge
what people in history did or said based on present-
day values alone. To be fair, you must also consider
the historical context of the statement or event.
Learn the Skill
To better understand something a historical fi gure
said or wrote, use the following guidelines to deter-
mine the context of the statement.
1
Identify the speaker or writer, the date, and the
topic and main idea of the statement.
2
Determine the speaker’s or writer’s attitude and
point of view about the topic.
3
Review what you know about beliefs, condi-
tions, or practices related to the topic that were
common at the time. Find out more about the
times in which the statement was made if you
need to.
4
Decide how well the statement refl ects the val-
ues, attitudes, and practices of people living at
that time. Then, determine how well it refl ects
values, attitudes, and practices related to the
topic today.
Applying these guidelines will give you a
better understanding of statements made by the
Determining the Context of Statements
Constitution’s framers. You read in Chapter 5
that the Constitution created a representative
democracy. However, the original Constitution
gave most Americans little voice in choosing their
leaders. Only the House of Representatives was
elected by the voters. Alexander Hamilton, one
of the Constitutional Convention’s leaders,
told the delegates:
The people are turbulent and changing; they seldom
judge or determine right. Give therefore to the fi rst
[upper] class a distinct, permanent share in government.
They will check the unsteadiness of the second
[the masses].
By modern standards, Hamilton’s remark is
undemocratic. But think about the times in which it
was made. Shays’s Rebellion had recently occurred.
In addition, in those days most Americans had
little or no education. Many could not even read or
write. When its historical context is considered, the
statement seems less harsh and extreme.
Practice the Skill
Read the following statement made by Patrick
Henry in 1788. Then answer the questions to deter-
mine its context and better understand it.
The Constitution is said to have beautiful features, but . . .
they appear to me horribly frightful. . . . Your dearest rights
may be sacrifi ced by what may be a small minority . . .
[that] . . . may continue forever unchangeably this govern-
ment, although horribly defective.
1. What was Henry’s opinion of the Constitution?
2. How might Americans’ recent experience in the
Revolution have caused him to feel that way?
188 CHAPTER 5
Participation Study
HR5
Students determine the context in which
historical statements were made.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-47
Reviewing Vocabulary,
Terms, and People
1. Who promised to add a bill of rights to the U.S.
Constitution?
a. Benjamin Franklin c. Alexander Hamilton
b. Thomas Jefferson d. James Madison
2. What is the term for a person born in another
country who becomes a citizen of the United
States?
a. immigrant c. naturalized citizen
b. partial citizen d. separatist
3. What are powers granted to the states called?
a. reserved powers c. stately powers
b. concurrent powers d. delegated powers
4. What is the permission to look for evidence of a
crime in a particular location called?
a. petition c. indictment
b. impeachment d. search warrant
5. Who was the fi rst female Supreme Court
justice?
a. Abigail Adams c. Barbara Jordan
b. Susan B. Anthony d. Sandra Day
O’Connor
CITIZENSHIP AND THE CONSTITUTION 189
Standards Review
CHAPTER
5
Use the visual summary below to help you review
the main ideas of the chapter.
Visual
Summary
The Bill of Rights guarantees
important rights and freedoms
for American citizens.
Along with rights, citizens have
duties: to obey laws, pay taxes,
register for the draft, sit on juries,
perform community service,
and vote.
The U.S. Constitution sets up a federal system of
government, with powers divided between the federal
government and state governments.
The powers of government are divided among three
branches: the legislative, executive, and judicial
branches.
A system of checks and balances prevents any one
branch from becoming too powerful.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-48
190 CHAPTER 5
Comprehension and
Critical Thinking
SECTION 1 (Pages 144–148)
6. a. Describe Name each branch of government
and explain the duties of each.
b. Analyze What checks and balances exist
between the branches of government?
c. Evaluate Do you think the three branches of
government share their power equally? Explain
your answer.
SECTION 2 (Pages 178–183)
7. a . Identify What is the Bill of Rights, and why
was it added to the Constitution?
b. Analyze In what ways does the Bill of Rights
protect individuals from the power of government?
c. Elaborate Which of the amendments in
the Bill of Rights do you think is the most
important? Why?
SECTION 3 (Pages 184–187)
8. a. Describe What are the ways in which a
person can gain U.S. citizenship?
b. Analyze How are citizens able to influence
their government?
c. Predict What might result if individuals
failed to fulfill their duties as citizens?
Reading Skills
Understanding Summarizing Use the Reading Skills
taught in this chapter to answer the question about the
reading selection below.
Freedom of speech does not mean that people
can say anything they want to, however. The
Constitution does not protect slander—false
statements meant to damage someone’s
reputation. Libel, or intentionally writing a lie
that harms another person, is not protected,
either. (p. 179)
9. Which of the following is a good summary of
the selection?
a. Freedom of speech does not protect everything.
b. Slander is a false statement meant to damage
someone’s reputation.
Reviewing Themes
10. Politics What important ideas has the U.S.
Constitution contributed to government?
11. Politics Why is active political participation
an important responsibility for people in the
United States?
Social Studies Skills
Determining the Context of Statements Use the
Social Studies Skills taught in this chapter to answer the
questions about the quotation below.
What political power could ever carry on the vast
multitude [large number] of lesser undertakings which
the American citizens perform every day, with the
assistance of the principle of association [joining a
group]? Nothing, in my opinion, is more deserving of
our attention than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
12. De Tocqueville wrote this about his trip to the
United States in 1831. What is his main idea?
a. Governments can fill every need of citizens.
b. American organizations cannot accomplish much.
c. American organizations get too much attention.
d. American organizations fill important needs of
citizens that government cannot.
13. Do you think that de Tocqueville’s statement
accurately describes modern America? Why or
why not?
FOCUS ON WRITING
14. Creating a Pamphlet You have gathered infor-
mation about the Constitution, Bill of Rights,
and citizenship. Use that information to cre-
ate your pamphlet. On the first page, write a
title and a phrase that will get your audience’s
attention. On each of the following pages, you
can use this format: (1) a heading and sentence
at the top of the page identifying the topic of
the page, and (2) the list of the most important
points for that topic. Remember that page 2
is on the Constitution, page 3 is on the Bill of
Rights, and page 4 is on citizenship.
HSS
8.2.6, 8.3.7
HSS
8.2.6
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-49
CITIZENSHIP AND THE CONSTITUTION 191
DIRECTIONS: Read each question and write the
letter of the best response.
!
What a president says and thinks is not
worth fi ve cents unless he has the people
and Congress behind him. Without Con-
gress, I’m just a six-feet-four Texan. With
Congress, I’m President of the United
States in the fullest sense.
— President Lyndon Johnson
What point about government was President
Johnson making in this remark?
A The president should be directly elected by the
people.
B Congress should not have any ability to control
the president.
C The president needs the support of Congress to
be effective.
D Congress and the president should share some
powers.
@
Which of the following rights is not protected
in the Bill of Rights?
A the right to bear arms
B the right to public education
C the right to jury trials
D the right to free speech
#
The right of every American to be a member
of a political party is an example of
A the principle of dual sovereignty.
B the First Amendment right to freedom of
assembly.
C the principle of majority rule.
D the Fifth Amendment right to due process
of law.
$
Which of the following is not a duty of
citizenship?
A becoming informed about important issues
B volunteering to work with a community-service
group
C serving on a jury
D speaking English
%
The right to freedom of the press would not
protect a newspaper that
A knowingly spread harmful lies about someone.
B criticized an elected government offi cial.
C deliberately encouraged people to peacefully
protest a law.
D opposed the government in time of war.
Connecting with Past Learning
^
One of the principles built into the Constitu-
tion is that there should be checks on the
power of government leaders. This idea is
based on what earlier statement or docu-
ment that you learned about in Grade 7?
A Ninety-fi ve Theses
B Declaration of the Rights of Man
C Four Noble Truths
D Magna Carta
&
The legal rights and protections contained in
the Bill of Rights are based on rights earlier
granted to people in
A France.
B England.
C China.
D Japan.
Standards Assessment
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF
1787
5
140 CHAPTER 5
1788
The Constitution goes
into effect after New
Hampshire becomes the
ninth state to ratify it.
1791 The Bill of
Rights becomes part
of the Constitution on
December 15.
18 0 0
CHAPTER
1787PRESENT
Citizenship and
Citizenship and
the Constitution
the Constitution
A Pamphlet Everyone in the United States benefits from our
Constitution. However, many people don’t know the Constitu-
tion as well as they should. In this chapter you will read about
the Constitution and the rights and responsibilities it grants to
citizens. Then you’ll create a four-page pamphlet to share this
information with your fellow citizens.
FOCUS ON WRITING
History–Social Science
8.2 Students analyze the political principles underlying the U.S.
Constitution and compare the enumerated and implied powers of
the federal government.
8.3 Students understand the foundation of the American political
system and the ways in which citizens participate in it.
Analysis Skills
HR 5 Determining the content of statements
English–Language Arts
Writing 2.5.a Present information purposefully and succinctly
and meet the needs of the intended audience.
Reading 8.2.4 Compare the original text to a summary to determine
whether the summary accurately captures the main ideas, includes
critical details, and conveys the underlying meaning.
California Standards
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Download
1954 In Brown v. Board of
Education, the Supreme Court
declares segregation in public
schools to be unconstitutional.
1971
The Twenty-sixth Amend-
ment is ratified, giving the
right to vote to all U.S.
citizens 18 years or older.
1990
The Americans
with Disabilities
Act is passed.
1920
The Nineteenth
Amendment gives all
American women the
right to vote.
1942
The Fair Employ-
ment Act bans
discrimination in
the workplace.
19 50 19 7 0 199 0
In this chapter you will learn about the U.S.
Constitution, the Bill of Rights, and what it
means to be an American citizen. Young citizens
like the ones pictured here must be informed in
order to fulfill the rights and responsibilities
of citizenship.
HOLT
History’s Impact
video series
Watch the video to under-
stand the impact of the
Bill of Rights.
What You Will Learn…
CITIZENSHIP AND THE CONSTITUTION 141
193 0
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF Download
142 CHAPTER 00142 CHAPTER 5
Religion
Society
and Culture
Science and
Technology
Reading Social Studies
Focus on Themes In this chapter, you will
read about the three branches of government,
the Bill of Rights, and the duties and responsibilities
of a United States citizen. As you read about
each of these topics, you will see the American
political system at work—not only in the Bill of
Rights, but through the responsibilities U.S. citizens
have as they vote for leaders and work to help
their communities and nation.
Geography
Politics
Economics
Religion
Focus on Reading History books are full of information.
Sometimes the sheer amount of information they contain can make
processing what you read diffi cult. In those cases, in may be helpful to
stop for a moment and summarize what you’ve read.
Writing a Summary A summary is a short restatement of the most
important ideas in a text. The example below shows three steps used in
writing a summary. First underline important details. Then write a short
summary of each paragraph. Finally, combine these paragraph summa-
ries into a short summary of the whole passage.
Additional reading
support can be
found in the
The Constitution
Article II, Section 1
1. The executive Power shall be vested in a
President of the United States of America.
He shall hold his Offi ce during the Term
of four Years, and, together with the Vice
President, chosen for the same Term, be
elected, as follows:
2. Each State shall appoint, in such Manner as
the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of
Senators and Representatives to which the
State may be entitled in the Congress; but no
Senator or Representative, or Person holding
an Offi ce of Trust or Profi t under the United
States, shall be appointed an Elector.
Summary of Paragraph 1
The executive branch is headed by a
president and vice president, each elected
for four-year terms.
Summary of Paragraph 2
The electors who choose the president and
vice president are appointed. Each state has
the same number of electors as it has mem-
bers of Congress.
Combined Summary
The president and vice president who run
the executive branch are elected every four
years by state-appointed electors.
Summarizing Historical Texts
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-1
SECTION TITLE 143CITIZENSHIP AND THE CONSTITUTION 143
Key Terms
Key Terms
and People
and People
You Try It!
The following passage is from the U.S. Constitution. As you read it,
decide which facts you would include in a summary of the passage.
The Constitution
Article I, Section 2
1. The House of Representatives shall be composed of
Members chosen every second Year by the People of
the several States, and the Electors in each State shall
have the Qualifi cations requisite for Electors of the most
numerous branch of the State Legislature.
2. No person shall be a Representative who shall not
have attained to the Age of twenty fi ve years, and been
seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of the State in which
he shall be chosen.
After you read the passage, answer the following questions.
1. Which of the following statements best summarizes the fi rst
paragraph of this passage?
a. Congress has a House of Representatives.
b. Members of the House of Representatives are elected every
two years by state electors.
2. Using the steps described on the previous page, write a summary
of the second paragraph of this passage.
3. Combine the summary statement you chose in Question 1 with
the summary statement you wrote in Question 2 to create a
single summary of this entire passage.
Chapter 5
Section 1
federal system (p. 144)
impeach (p. 146)
veto (p. 146)
executive orders (p. 147)
pardons (p. 147)
Thurgood Marshall (p. 148)
Sandra Day O’Connor (p. 148)
Section 2
James Madison (p. 178)
majority rule (p. 178)
petition (p. 179)
search warrant (p. 180)
due process (p. 180)
indict (p. 180)
double jeopardy (p. 180)
eminent domain (p. 180)
Section 3
naturalized citizens (p. 184)
deport (p. 184)
draft (p. 185)
political action committees
(p. 186)
interest groups (p. 186)
Academic Vocabulary
Success in school is related to
knowing academic vocabulary—
the words that are frequently used
in school as-signments and discus-
sions. In this chapter, you will learn
the following academic words:
distinct (p. 145)
influence (p. 186)
As you read Chapter 5, think about what
details you would include in a summary
of each paragraph.
ELA
Reading 8.2.4 Compare the original text to a summary.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-2
144 CHAPTER 5
SECTION
1
Key Terms and People
federal system, p. 144
impeach, p. 146
veto, p. 146
executive orders, p. 147
pardons, p. 147
Thurgood Marshall, p. 148
Sandra Day O’Connor, p. 148
What You Will Learn…
The U.S. Constitution balances
the powers of the federal gov-
ernment among the legislative,
executive, and judicial branches.
The Big Idea
1. The framers of the Consti-
tution devised the federal
system.
2. The legislative branch makes
the nation’s laws.
3. The executive branch en-
forces the nation’s laws.
4. The judicial branch deter-
mines whether or not laws
are constitutional.
Main Ideas
You have just been elected to the U.S. House of Representatives.
You know that committees do much of the work in Congress. They
deal with many different fi elds such as foreign policy, agriculture,
national security, science, and education. You would like to ask for a
spot on a committee whose work interests you.
Which committee would you ask to serve on?
BUILDING BACKGROUND When the framers of the Constitution
met in Philadelphia in 1787, they created a national government with
three branches that balance one another’s powers.
The Federal System
The framers of the Constitution wanted to create a government
powerful enough to protect the rights of citizens and defend the
country against its enemies. To do so, they set up a
federal system
federal system
of government, a system that divided powers between the states
of government, a system that divided powers between the states
and the federal government.
and the federal government.
The Constitution assigns certain powers to the national govern-
ment. These are called delegated powers. Among them are the rights
to coin money and to regulate trade. Reserved powers are those kept
by the states. These powers include creating local governments and
holding elections. Concurrent powers are those shared by the federal
and state governments. They include taxing, borrowing money, and
enforcing laws.
Sometimes, Congress has had to stretch its delegated powers to
deal with new or unexpected issues. A clause in the Constitution
states that Congress may “make all Laws which shall be necessary
and proper” for carrying out its duties. This clause, called the elastic
clause—because it can be stretched (like elastic)—provides fl exibility
for the government.
READING CHECK
Summarizing How is power divided between the
federal and state governments?
If YOU were there...
Understanding
the Constitution
HSS
8.2.6
Enumerate the powers of
government set forth in the Constitution
and the fundamental liberties ensured
by the Bill of Rights.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-3
Legislative Branch
The federal government has three branches,
each with distinct responsibilities and powers.
This separation balances the branches and
keeps any one of them from growing too
powerful. The fi rst branch of government is
the legislative branch, or Congress. It makes
the nation’s laws. Article I of the Constitution
divides Congress into the House of Represen-
tatives and the Senate.
With 435 members, the House of Repre-
sentatives is the larger congressional house.
The U.S. Census, a population count made
every 10 years, determines how many mem-
bers represent each state. A system called
apportionment keeps total membership at
435. If one state gains a member, another
state loses one. Members must be at least 25
years old, live in the state where they were
elected, and have been U.S. citizens for seven
years. They serve two-year terms.
The Senate has two members, or senators,
per state. Senators represent the interests of
the whole state, not just a district. They must
be at least 30 years old, have been U.S. citizens
for nine years, and live in the state they rep-
resent. They serve six-year terms. The senior
senator of a state is the one who has served
the longer of the two. Members of Congress
can serve an unlimited number of terms.
The political party with more members
in each house is the majority party. The one
with fewer members is the minority party.
The leader of the House of Representatives,
or Speaker of the House, is elected by House
members from the majority party.
The U.S. vice president serves as presi-
dent of the Senate. He takes no part in Sen-
ate debates but can vote to break ties. If he is
absent, the president pro tempore (pro tem
for short) leads the Senate. There is no law
for how the Senate must choose this position,
but it traditionally goes to the majority par-
ty’s senator who has served the longest.
Congress begins sessions, or meetings,
each year in the fi rst week of January. Both
houses do most of their work in commit-
tees. Each committee studies certain types of
bills, or suggested laws. For example, all bills
about taxes begin in the House Ways and
Means Committee.
READING CHECK
Comparing and Contrasting
What are the similarities in requirements for
members of the House of Representatives and the
Senate? What are the differences?
U.S. Constitution
Separation of Powers
Legislative Branch
(Congress)
Executive Branch
(President)
Judicial Branch
(Supreme Court)
Writes the laws
• Confirms presidential
appointments
• Approves treaties
• Grants money
• Declares war
• Proposes laws
• Administers the laws
• Commands armed forces
• Appoints ambassadors
and other officials
• Conducts foreign policy
• Makes treaties
• Interprets the Constitution
and other laws
Reviews lower-court decisions
CITIZENSHIP AND THE CONSTITUTION
145
ACADEMIC
VOCABULARY
distinct
separate
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-4
Checks and Balances
Executive Branch
Article II of the Constitution lists the powers
of the executive branch. This branch enforces
the laws passed by Congress.
President and Vice President
As head of the executive branch, the presi-
dent is the most powerful elected leader in the
United States. To qualify for the presidency
or vice presidency, one must be a native-born
U.S. citizen at least 35 years old. The presi-
dent must also have been a U.S. resident for
14 years.
Americans elect a president and vice presi-
dent every four years. Franklin D. Roosevelt,
who won four times, was the only president
to serve more than two terms. Now, the
Twenty-second Amendment limits presidents
to two terms. If a president dies, resigns, or
is removed from offi ce, the vice president
becomes president for the rest of the term.
The House of Representatives can
impeach
impeach
, or vote to bring charges of serious
, or vote to bring charges of serious
crimes against, a president.
crimes against, a president. Impeachment
cases are tried in the Senate. If a president
is found guilty, Congress can remove him
from office. In 1868 Andrew Johnson
was the fi rst president to be impeached.
President Bill Clinton was impeached in
1998. However, the Senate found each man
not guilty.
Working with Congress
The president and Congress are often on dif-
ferent sides of an issue. However, they must
still work together.
Congress passes laws. The president,
however, can ask Congress to pass or reject
bills. The president also can
veto
veto
, or cancel
, or cancel,
laws Congress has passed. Congress can try
to override, or undo, the veto. However,
this is diffi cult since it takes a two-thirds
146 CHAPTER 5146 CHAPTER 5
Executive Branch (President)
Checks on:
Legislative Branch
May adjourn Congress in certain situations
• May veto bills
Judicial Branch
• Appoints judges
Judicial Branch (Supreme Court)
Checks on:
Executive Branch
May declare executive actions unconstitutional
Legislative Branch
May declare laws unconstitutional
Legislative Branch (Congress)
Checks on:
Executive Branch
• May reject appointments
• May reject treaties
May withhold funding for presidential initiatives
• May impeach president
May override a veto
Judicial Branch
May propose constitutional amendments
to overrule judicial decisions
May impeach Supreme Court justices
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-5
Judicial Branch
The third branch of government, the judi-
cial branch, is made up of a system of federal
courts headed by the U.S. Supreme Court.
The Constitution created the Supreme Court,
but the Judiciary Act of 1789 created the sys-
tem of lower district and circuit courts.
Article III generally outlines the courts’
duties. Federal courts can strike down a state
or federal law if the court fi nds a law uncon-
stitutional. Congress can then try to revise
the law to make it constitutional.
District Courts
The president makes appointments to federal
courts. In an effort to keep federal judges free
of party infl uence, the judges are given life
appointments. The lower federal courts are
divided according to cases over which they
have jurisdiction, or authority. Each state has
at least one of the 94 district courts.
In 2002 the new
Department of
Homeland
Security was
given cabinet-
level status to
protect against
terrorism.
THE IMPACT
TODAY
Background of the Court
The rest of the Supreme Court
Decisions you see in this book will
highlight important cases of the
Court. But in this first one, we’ll
discuss the history of the Court.
The first Supreme Court met in
1790 at the Royal Exchange in New
York City. The ground floor of this
building was an open-air market.
When the national government
moved to Philadelphia, the Court
met in basement rooms in Inde-
pendence Hall. Once in Washing-
ton, the Court heard cases in the
Capitol building until the present
Supreme Court building was com-
pleted in 1932.
Circuit Riding
Today the Supreme Court holds court
only in Washington, D.C. In the past,
however, the justices had to travel
through assigned circuits, hearing cases
together with a district judge in a prac-
tice known as riding circuit.
The justices complained bitterly
about the inconvenience of travel, which
was often over unpaved roads and in
bad weather. This system was not just
inconvenient to the justices, however.
Some people worried about the fairness
of a system that required justices who
had heard cases at trial to rule on them
again on appeal. Other people, however,
thought that the practice helped keep
the justices in touch with the needs and
feelings of the average citizen. Eventually,
circuit riding interfered so much with
the increased amount of business of the
Supreme Court that Congress passed a
law ending the practice in the late 1800s.
Path to the Supreme Court
When a case is decided by a state or
federal court, the losing side may have
a chance to appeal the decision to a
higher court. Under the federal system,
this higher court is called the court of
appeals. A person who loses in that
court may then appeal to the Supreme
Court to review the case. But the
Supreme Court does not have to accept
all appeals. It usually chooses to hear
only cases in which there is an impor-
tant legal principle to be decided or if
two federal courts of appeals disagree
on how an issue should be decided.
ANALYZING INFORMATION
1. What are two reasons why the practice of circuit riding ended?
2. Why do you think the Supreme Court does not hear every case
that is appealed to it?
ANALYSIS
SKILL
majority vote. To carry out laws affecting
the Constitution, treaties, and statutes, the
president issues
executive orders
executive orders.
These
These
commands have the power of law.
commands have the power of law. The
president also may grant
pardons
pardons
, or free-
, or free-
dom from punishment,
dom from punishment, to persons convicted
of federal crimes or facing criminal charges.
The president also commands the armed
forces. In emergencies, the president can call
on U.S. troops. Only Congress, however, can
declare war. Other executive duties include
conducting foreign relations and creating
treaties. Executive departments do most of
the executive branch work. As of 2004 there
were 15 such departments. The president
chooses department heads, who are called
secretaries, and the Senate approves them.
The heads make up the cabinet, which
advises the president.
READING CHECK
Drawing Conclusions
What is the president’s most important power?
CITIZENSHIP AND THE CONSTITUTION 147CITIZENSHIP AND THE CONSTITUTION 147
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-6
Section 1 Assessment
Reviewing Ideas, Terms,
and People
1. a. Describe What type of government did the
Constitution establish for the United States?
b. Contrast What is the difference between
delegated, reserved, and concurrent powers?
2. a. Recall What role does the vice president serve
in the legislative branch?
b. Compare and Contrast In what ways are the
Senate and the House of Representatives similar
and different?
c. Elaborate Why do you think the requirements
for serving in the Senate are stricter than those for
serving in the House of Representatives?
3. a. Describe What powers are granted to the
president?
b. Make Generalizations Why is it important that
the president and Congress work together?
c. Evaluate What do you think is the most
important power granted to the president? Why?
4. a. Explain What is the main power of the judicial
branch?
b. Evaluate Which branch of government do you
feel is most important? Explain your answer.
Critical Thinking
5. Categorizing Copy the web diagram below. Use
it to identify the separation of powers that exists
between the branches of the federal government.
FOCUS ON WRITING
6. Gathering Information about the Constitution
Look back through what you’ve just read about the
Constitution. Make a list of four or fi ve of the most
important features of the Constitution. You’ll put
that list on the second page of your pamphlet.
KEYWORD: SS8 HP5
Online Quiz
Courts of Appeals
If someone convicted of a crime believes the
trial was unfair, he or she may take the case
to the court of appeals. There are 13 courts of
appeals. Each has a panel of judges to decide
if cases heard in the lower courts were tried
appropriately. If the judges uphold, or accept,
the original decision, the original outcome
stands. Otherwise, the case may be retried in
the lower court.
Supreme Court
After a case is decided by the court of appeals,
the losing side may appeal the decision to
the Supreme Court. Thousands of cases go
to the Supreme Court yearly in the hope of
a hearing, but the Court has time to hear
only about 100. Generally, the cases heard
involve important constitutional or public-
interest issues. If the Court declines to hear
a case, the court of appeals decision is fi nal.
Nine justices sit on the Supreme Court.
The chief justice of the United States leads the
Court. Unlike the president and members of
Congress, there are no specifi c constitutional
requirements to become a justice.
In recent decades, the Supreme Court
has become more diverse. In 1967 Thurgood
Marshall became the fi rst African American
justice. Sandra Day O’Connor became the fi rst
female Court justice after her 1981 appoint-
ment by President Ronald Reagan.
READING CHECK
Summarizing Describe the
structure and responsibilities of the judicial branch.
SUMMARY AND PREVIEW In this section
you learned about the balance between the
different branches of the federal govern-
ment. In the next section you will learn
about the Bill of Rights.
148 CHAPTER 5
Supreme Court
rulings can have
dramatic effects
on the nation, as
in Bush v. Gore,
which decided
the outcome of
the 2000 presi-
dential election.
THE IMPACT
TODAY
148 CHAPTER 5
FOCUS ON
READING
Jot down a short
summary of the
appeals process
after reading this
paragraph.
Judicial
Legislative
Executive
Separation
of Powers
HSS
8.2.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-7
KEY EVENTS
CITIZENSHIP AND THE CONSTITUTION 149CITIZENSHIP AND THE CONSTITUTION 149
James Madison was
an important force
in the writing of the
Constitution.
BIOGRAPHY
1780
Madison serves in the
Continental Congress.
1787
Madison keeps a writ-
ten record of the Con-
stitutional Convention.
1787–1788
Madison helps write
the Federalist Papers,
urging support for the
Constitution.
1801–1809
Madison serves as
secretary of state
under President
Thomas Jefferson.
1809–1817
Madison serves two
terms as president.
KEY EVENTS
James Madison
What would you do to create a
brand-new government?
When did he live? 1751–1836
Where did he live? Like several of the founding fathers, James Madison
was a Virginian. He grew up in the town of Montpelier, and he kept a home
there for his whole life.
What did he do? Through the persuasive power of his writing, Madison
helped create the foundations of the U.S. government.
Why is he important? Madison is known as the Father of the Constitution.
A brilliant thinker, he provided many of the basic ideas in the Constitution. He
argued tirelessly for a strong national government, for sepa-
rate branches of government, and for rights such as free-
dom of religion. He then rallied support for adoption of
the Constitution and the Bill of Rights. In 1809 Madi-
son became the fourth president of the United States.
As president, he led the country through another war
with Britain, the War of 1812. He and his wife, Dolley,
were forced to fl ee Washington temporarily when
the British invaded the capital and set fi re to the
White House.
Summarizing Why is Madison known as the Father of
the Constitution?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-8
150 CHAPTER 5
The Constitution
of the United States
e the People of the United
States, in Order to form
a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain
and establish this Constitution
for the United States of America.
Note: The parts of the Constitution that have been lined through are
no longer in force or no longer apply because of later amendments. The
titles of the sections and articles are added for easier reference.
W
Preamble
The short and dignified preamble explains the goals of the new
government under the Constitution.
150 CHAPTER 5
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-9
CITIZENSHIP AND THE CONSTITUTION 151
Article I The Legislature
Section 1.
Congress
All legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.
Section 2.
The House of Representatives
1. Elections
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States, and the Elec-
tors in each State shall have the Qualifi cations requisite for Electors of the
most numerous Branch of the State Legislature.
2. Qualifi cations
No Person shall be a Representative who shall not have
attained to the Age of twenty fi ve Years, and been seven Years a Citizen of
the United States, and who shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
3. Number of Representatives
Representatives and direct Taxes shall be
apportioned among the several States which may be included within this
Union, according to their respective Numbers, which shall be determined
by adding to the whole Number of free Persons, including
those bound
those bound
to Service
to Service
1
for a Term of Years, and excluding Indians not taxed, three
fths of
all other Persons
all other Persons.
2
The actual
Enumeration
Enumeration
3
shall be made within
three Years after the fi rst Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such Manner as they shall by
Law direct. The Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New Hampshire shall
be entitled to choose three, Massachusetts eight, Rhode-Island and Provi-
dence Plantations one, Connecticut fi ve, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Caro-
lina fi ve, South Carolina fi ve, and Georgia three.
4. Vacancies
When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election to fi ll
such Vacancies.
5. Offi cers and Impeachment
The House of Representatives shall choose
their Speaker and other Offi cers; and shall have the sole Power of
impeachment.
Legislative Branch
Article I explains how the
legislative branch, called
Congress, is organized.
The chief purpose of the
legislative branch is to make
laws. Congress is made up of
the Senate and the House of
Representatives.
The House of
Representatives
The number of members
each state has in the House
is based on the population of
the individual state. In 1929
Congress permanently fixed
the size of the House at 435
members.
CITIZENSHIP AND THE CONSTITUTION
151
Vocabulary
1
those bound to Service
indentured servants
2
all other Persons slaves
3
Enumeration census or
official population count
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-10
Vocabulary
4
pro tempore temporarily
5
Impeachments official
accusations of federal
wrongdoing
152 CHAPTER 5
Section 3.
The Senate
1. Number of Senators
The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature thereof,
for six
Years; and each Senator shall have one Vote.
2. Classifying Terms
Immediately after they shall be assembled in Conse-
quence of the fi rst Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the fi rst Class shall be vacated at
the Expiration of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fi ll such Vacancies.
3. Qualifi cations
No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State for
which he shall be chosen.
4. Role of Vice-President
The Vice President of the United States shall be Presi-
dent of the Senate, but shall have no Vote, unless they be equally divided.
5. Offi cers
The Senate shall choose their other Offi cers, and also a Presi-
dent
pro tempore
pro tempore,
4
in the Absence of the Vice President, or when he shall
exercise the Offi ce of President of the United States.
6. Impeachment Trials
The Senate shall have the sole Power to try all
Impeachments
Impeachments.
5
When sitting for that Purpose, they shall be on Oath
or Affi rmation. When the President of the United States is tried, the
Chief Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
7. Punishment for Impeachment
Judgment in Cases of Impeachment shall
not extend further than to removal from Offi ce, and disqualifi cation to hold
and enjoy any Offi ce of honor, Trust or Profi t under the United States: but
the Party convicted shall nevertheless be liable and subject to Indictment,
Trial, Judgment and Punishment, according to Law.
The Vice President
The only duty that the
Constitution assigns to
the vice president is to
preside over meetings of the
Senate. Modern presidents
have usually given their
vice presidents more
responsibilities.
Federal Office Terms and Requirements
152 CHAPTER 5
If the
House of
Representatives charges
a government official with
wrongdoing, the Senate
acts as a court to decide if
the official is guilty.
How does the power of
impeachment represent part
of the system of checks and
balances?
Position Term Minimum Age Residency Citizenship
President
4 years 35 14 years in the U.S. natural-born
Vice President
4 years 35 14 years in the U.S. natural-born
Supreme Court
Justice
unlimited none none none
Senator
6 years 30 state in which elected 9 years
Representative
2 years 25 state in which elected 7 years
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-11
Vocabulary
6
Quorum the minimum
number of people needed to
conduct business
7
adjourn to stop indefinitely
8
Emoluments salary
9
Continuance term
CITIZENSHIP AND THE CONSTITUTION
153
Section 4.
Congressional Elections
1. Regulations
The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by the Legis-
lature thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
2. Sessions
The Congress shall assemble at least once in every Year, and
such Meeting shall be on the fi rst Monday in December, unless they shall
by Law appoint a different Day.
Section 5.
Rules/Procedures
1. Quorum
Each House shall be the Judge of the Elections, Returns and
Qualifi cations of its own Members, and a Majority of each shall constitute
a
Quorum
Quorum
6
to do Business; but a smaller Number may
adjourn
adjourn
7
from day to
day, and may be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House may provide.
2. Rules and Conduct
Each House may determine the Rules of its Proceed-
ings, punish its Members for disorderly Behaviour, and, with the Concur-
rence of two thirds, expel a Member.
3. Records
Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their Judg-
ment require Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fi fth of those Present, be
entered on the Journal.
4. Adjournment
Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three days, nor to
any other Place than that in which the two Houses shall be sitting.
Section 6.
Payment
1. Salary
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of the Treasury
of the United States. They shall in all Cases, except Treason, Felony and
Breach of the Peace, be privileged from Arrest during their Attendance at
the Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
2. Restrictions
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Offi ce under the Authority
of the United States, which shall have been created, or the
Emoluments
Emoluments
8
whereof shall have been increased during such time; and no Person hold-
ing any Offi ce under the United States, shall be a Member of either House
during his
Continuance
Continuance
9
in Offi ce.
CITIZENSHIP AND THE CONSTITUTION 153
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-12
Vocabulary
10
Bills proposed laws
154 CHAPTER 5
Section 7.
How a Bill Becomes a Law
1. Tax Bills
All
Bills
Bills
10
for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on other Bills.
2. Lawmaking
Every Bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it become a Law, be presented to
the President of the United States: If he approve he shall sign it, but if not
he shall return it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two thirds of that
House shall agree to pass the Bill, it shall be sent, together with the Objec-
tions, to the other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and Nays, and
the Names of the Persons voting for and against the Bill shall be entered
on the Journal of each House respectively. If any Bill shall not be returned
by the President within ten Days (Sundays excepted) after it shall have
been presented to him, the Same shall be a Law, in like Manner as if he had
signed it, unless the Congress by their Adjournment prevent its Return, in
which Case it shall not be a Law.
3. Role of the President
Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be neces-
sary (except on a question of Adjournment) shall be presented to the Presi-
dent of the United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by two
thirds of the Senate and House of Representatives, according to the Rules
and Limitations prescribed in the Case of a Bill.
154 CHAPTER 5
How a Bill Becomes a Law
1 A member of the
House or the Senate
introduces a bill and
refers it to a committee.
2 The House or Senate
Committee may approve,
rewrite, or kill the bill.
3 The House or the Senate
debates and votes on its ver-
sion of the bill.
4 House and Senate con-
ference committee members
work out the differences
between the two versions.
5 Both houses of Congress
pass the revised bill.
The veto
power of the
president is one of the important
checks and balances in the
Constitution. Why do you
think the framers included the
ability of Congress to override
a veto?
The framers
felt that
because members of the
House are elected every two
years, representatives would
listen to the public and seek
its approval before passing
taxes. How does Section 7
address the colonial demand
of “no taxation without
representation”?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-13
CITIZENSHIP AND THE CONSTITUTION 155
Section 8.
Powers Granted to Congress
1. Taxation
The Congress shall have Power
To lay and collect Taxes,
Duties
Duties,
11
Imposts
Imposts
12
and
Excises
Excises,
13
to pay the Debts and provide
for the common Defense and general Welfare
of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the
United States;
2. Credit
To borrow Money on the credit
of the United States;
3. Commerce
To regulate Commerce with
foreign Nations, and among the several
States, and with the Indian Tribes;
4. Naturalization and Bankruptcy
To establish an uniform
Rule of
Rule of
Naturalization
Naturalization,
14
and uniform Laws on the subject of Bankruptcies
throughout the United States;
5. Money
To coin Money, regulate the Value thereof, and of foreign Coin,
and fi x the Standard of Weights and Measures;
6. Counterfeiting
To provide for the Punishment of counterfeiting the
Securities
15
and current Coin of the United States;
7. Post Offi ce
To establish Post Offi ces and post Roads;
8. Patents and Copyrights
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
9. Courts
To constitute Tribunals inferior to the supreme Court;
10. International Law
To defi ne and punish Piracies and Felonies com-
mitted on the high Seas, and Offences against the Law of Nations;
CITIZENSHIP AND THE CONSTITUTION 155
Native Americans and the
Commerce Clause
The commerce clause gives Congress the power to “regulate Com-
merce with . . . the Indian Tribes.” The clause has been interpreted to
mean that the states cannot tax or interfere with businesses on Indian
reservations, but that the federal government can. It recognized
American Indian nations had their own governments and laws. These
laws, however, can be challenged in federal court. Although reserva-
tion land usually belongs to the Indian tribes and they govern it them-
selves, the U.S. government reserves certain administrative rights.
Drawing Conclusions How would you describe the status of
American Indian nations under the commerce clause?
LINKING
T
O
DAY
TO
ANALYZING INFORMATION
Why do you think the framers created this
complex system for adopting laws?
ANALYSIS
SKILL
6 The president signs or
vetoes the bill.
Two-thirds majority
vote of Congress is needed
to approve a vetoed bill. Bill
becomes a law.
7
Vocabulary
11
Duties tariffs
12
Imposts taxes
13
Excises internal taxes on
the manufacture, sale, or
consumption of a commodity
14
Rule of Naturalization
a law by which a foreign-born
person becomes a citizen
15
Securities bonds
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-14
Vocabulary
16
Letters of Marque and
Reprisal documents issued
by governments allowing
merchant ships to arm
themselves and attack ships
of an enemy nation
156 CHAPTER 5
11. War
To declare War, grant
Letters of Marque and Reprisal
Letters of Marque and Reprisal,
16
and
make Rules concerning Captures on Land and Water;
12. Army
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
13. Navy
To provide and maintain a Navy;
14. Regulation of the Military
To make Rules for the Government and
Regulation of the land and naval Forces;
15. Militia
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
16. Regulation of the Militia
To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to the States respec-
tively, the Appointment of the Offi cers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
17. District of Columbia
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the
Seat of the Government of the United States, and to exercise like Author-
ity over all Places purchased by the Consent of the Legislature of the State
in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;—And
18. Necessary and Proper Clause
To make all Laws which shall be neces-
sary and proper for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government of the United
States, or in any Department or Offi cer thereof.
Section 9.
Powers Denied Congress
1. Slave Trade
The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Elastic Clause
The framers of the
Constitution wanted a
national government that
was strong enough to be
effective. This section
lists the powers given to
Congress. The last portion
of Section 8 contains the
so-called elastic clause.
The elastic clause has been
stretched (like elastic) to allow
Congress to meet changing
circumstances.
156 CHAPTER 5
The Elastic Clause
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-15
Vocabulary
17
Writ of Habeas Corpus
a court order that requires
the government to bring a
prisoner to court and explain
why he or she is being held
18
Bill of Attainder a law
declaring that a person is
guilty of a particular crime
19
ex post facto Law a law
that is made effective prior to
the date that it was passed
and therefore punishes
people for acts that were not
illegal at the time
20
Capitation a direct uniform
tax imposed on each head,
or person
Although
Congress
has implied powers, there
are also limits to its powers.
Section 9 lists powers that
are denied to the federal
government. Several of the
clauses protect the people of
the United States from unjust
treatment. In what ways
does the Constitution limit
the powers of the federal
government?
CITIZENSHIP AND THE CONSTITUTION 157
2. Habeas Corpus
The Privilege of the
Writ of Habeas Corpus
Writ of Habeas Corpus
17
shall not
be suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
3. Illegal Punishment
No
Bill of
Bill of
Attainder
Attainder
18
or
ex
ex
post facto
post facto
Law
Law
19
shall
be passed.
4. Direct Taxes
No
Capitation
Capitation,
20
or other direct, Tax shall be laid, unless in
Proportion to the Census or enumeration herein before directed to be taken.
5. Export Taxes
No Tax or Duty shall be laid on Articles exported from
any State.
6. No Favorites
No Preference shall be given by any Regulation of Com-
merce or Revenue to the Ports of one State over those of another; nor shall
Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties
in another.
7. Public Money
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money shall be pub-
lished from time to time.
8. Titles of Nobility
No Title of Nobility shall be granted by the United
States: And no Person holding any Offi ce of Profi t or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Offi ce, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10.
Powers Denied the States
1. Restrictions
No State shall enter into any Treaty, Alliance, or Confed-
eration; grant Letters of Marque and Reprisal; coin Money; emit Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
2. Import and Export Taxes
No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or Exports,
shall be for the Use of the Treasury of the United States; and all such Laws
shall be subject to the Revision and Control of the Congress.
3. Peacetime and War Restraints
No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such immi-
nent Danger as will not admit of delay.
CITIZENSHIP AND THE CONSTITUTION 157
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13
4
31
5
8
27
20
11
17
9
6
9
55
TX 34
N
E
5
SD 3
AK 3
HI 4
DE 3
MD 10
Washington, D.C. 3
VA
NJ 15
CT 7
RI 4
MA 12
ME
NH 4
VT 3
NY
PA 21
WV
TN 11
NC 15
SC
GA 15
FL
KY 8
OH
IN
MI
IL 21
AL
MS
LA
AR 6
MO 11
IA 7
WI 10
MN 10
OK 7
KS 6
NM 5
CO 9
WY 3
AZ 10
UT 5
MT 3
NV 5
ID 4
CA
OR 7
WA 11
ND 3
Number of Electors11
55
AK 3
HI 4
CA
158 CHAPTER 5
Article II The Executive
Section 1.
The Presidency
1. Terms of Offi ce
The executive Power shall be vested in a President of
the United States of America. He shall hold his Offi ce during the Term
of four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows:
2. Electoral College
Each State shall appoint, in such Manner as the Leg-
islature thereof may direct, a Number of Electors, equal to the whole Num-
ber of Senators and Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or Person holding an Offi ce
of Trust or Profi t under the United States, shall be appointed an Elector.
3. Former Method of Electing President
The Electors shall meet in their
respective States, and vote by Ballot for two Persons, of whom one at least
shall not be an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the Number of Votes
for each; which List they shall sign and certify, and transmit sealed to the
Seat of the Government of the United States, directed to the President of
the Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certifi cates, and the Votes shall
Executive Branch
The president is the chief of the
executive branch. It is the job
of the president to enforce the
laws. The framers wanted the
president’s and vice president’s
terms of office and manner of
selection to be different from
those of members of Congress.
They decided on four-year
terms, but they had a difficult
time agreeing on how to
select the president and vice
president. The framers finally
set up an electoral system,
which varies greatly from our
electoral process today.
Presidential Elections
In 1845 Congress set the
Tuesday following the first
Monday in November of every
fourth year as the general
election date for selecting
presidential electors.
158 CHAPTER 5
The Electoral College
INTERPRETING MAPS
Place What two states have the most electors?
GEOGRAPHY
SKILLS
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-17
CITIZENSHIP AND THE CONSTITUTION 159
then be counted. The Person having the greatest Number of Votes shall be
the President, if such Number be a Majority of the whole Number of Elec-
tors appointed; and if there be more than one who have such Majority, and
have an equal Number of Votes, then the House of Representatives shall
immediately choose by Ballot one of them for President; and if no Person
have a Majority, then from the fi ve highest on the List the said House shall
in like Manner choose the President. But in choosing the President, the
Votes shall be taken by States, the Representation from each State having
one Vote; A quorum for this purpose shall consist of a Member or Mem-
bers from two thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the Choice of the President, the
Person having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more who have equal Votes,
the Senate shall choose from them by Ballot the Vice President.
4. Election Day
The Congress may determine the Time of choosing the
Electors, and the Day on which they shall give their Votes; which Day shall
be the same throughout the United States.
5. Qualifi cations
No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitution, shall
be eligible to the Offi ce of President; neither shall any Person be eligible to
that Offi ce who shall not have attained to the Age of thirty fi ve Years, and
been fourteen Years a Resident within the United States.
6. Succession
In Case of the Removal of the President from Offi ce, or of
his Death, Resignation, or Inability to discharge the Powers and Duties of
the said Offi ce, the Same shall devolve on the Vice President, and the Con-
gress may by Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring what Offi cer
shall then act as President, and such Offi cer shall act accordingly, until the
Disability be removed, or a President shall be elected.
7. Salary
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased nor diminished during
the Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or any
of them.
8. Oath of Offi ce
Before he enter on the Execution of his Offi ce, he shall
take the following Oath or Affi rmation:—“I do solemnly swear (or affi rm)
that I will faithfully execute the Offi ce of President of the United States,
and will to the best of my Ability, preserve, protect and defend the Consti-
tution of the United States.”
Presidential Salary
In 1999 Congress voted to set
future presidents’ salaries
at $400,000 per year. The
president also receives an
annual expense account.
The president must pay taxes
only on the salary.
CITIZENSHIP AND THE CONSTITUTION
159
The youngest
elected
president was John F.
Kennedy; he was 43
years old when he was
inaugurated. (Theodore
Roosevelt was 42 when he
assumed office after the
assassination of McKinley.)
What is the minimum
required age for the office of
president?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-18
Vocabulary
21
Reprieves delays of
punishment
22
Pardons releases from the
legal penalties associated
with a crime
160 CHAPTER 5
Section 2.
Powers of Presidency
1. Military Powers
The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Offi cer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offi ces, and he shall have Power to grant
Reprieves
Reprieves
21
and
Pardons
Pardons
22
for
Offences against the United States, except in Cases of Impeachment.
2. Treaties and Appointments
He shall have Power, by and with the
Advice and Consent of the Senate, to make Treaties, provided two thirds of
the Senators present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Offi cers
of the United States, whose Appointments are not herein otherwise pro-
vided for, and which shall be established by Law: but the Congress may by
Law vest the Appointment of such inferior Offi cers, as they think proper, in
the President alone, in the Courts of Law, or in the Heads of Departments.
3. Vacancies
The President shall have Power to fi ll up all Vacancies that
may happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section 3.
Presidential Duties
He shall from time to time give to the Congress Information of the State
of the Union, and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Offi cers of the United States.
Section 4.
Impeachment
The President, Vice President and all civil Offi cers of the United States, shall
be removed from Offi ce on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
Commander in Chief
Today the president is in
charge of the army, navy, air
force, marines, and coast
guard. Only Congress, however,
can decide if the United States
will declare war.
Appointments
Most of the president’s
appointments to office must
be approved by the Senate.
The State of the Union
Every year the president
presents to Congress a State
of the Union message. In
this message, the president
introduces and explains
a legislative plan for the
coming year.
160 CHAPTER 5
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Article III The Judiciary
Section 1.
Federal Courts and Judges
The judicial Power of the United States shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme and inferior Courts,
shall hold their Offi ces during good Behavior, and shall, at stated Times,
receive for their Services a Compensation, which shall not be diminished
during their Continuance in Offi ce.
Section 2.
Authority of the Courts
1. General Authority
The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;—to all
Cases affecting Ambassadors, other public Ministers and Consuls;—to all
Cases of admiralty and maritime Jurisdiction;—to Controversies to which
the United States shall be a Party;—to Controversies between two or more
States —between a State and Citizens of another State;
—between Citizens
of different States;—between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citizens there-
of, and foreign States, Citizens or Subjects.
2. Supreme Authority
In all Cases affecting Ambassadors, other public Min-
isters and Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make.
Judicial Branch
The Articles of Confederation
did not set up a federal
court system. One of the
first points that the framers
of the Constitution agreed
upon was to set up a national
judiciary. In the Judiciary Act
of 1789, Congress provided
for the establishment of
lower courts, such as
district courts, circuit courts
of appeals, and various
other federal courts. The
judicial system provides
a check on the legislative
branch: it can declare a law
unconstitutional.
CITIZENSHIP AND THE CONSTITUTION
161
Federal Judicial System
Supreme Court
Reviews cases appealed from lower
federal courts and highest state courts
Review appeals
from district courts
Hold trials
Courts of Appeals
District Courts
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Vocabulary
23
Corruption of Blood
punishing the family of a
person convicted of treason
162 CHAPTER 5
3. Trial by Jury
The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress may by Law
have directed.
Section 3.
Treason
1. Defi nition
Treason against the United States, shall consist only in levy-
ing War against them, or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless on the Testimony
of two Witnesses to the same overt Act, or on Confession in open Court.
2. Punishment
The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work
Corruption of Blood
Corruption of Blood,
23
or
Forfeiture except during the Life of the Person attainted.
Article IV Relations among States
Section 1.
State Acts and Records
Full Faith and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. And the Congress may by
general Laws prescribe the Manner in which such Acts, Records and Pro-
ceedings shall be proved, and the Effect thereof.
Section 2.
Rights of Citizens
1. Citizenship
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
2. Extradition
A Person charged in any State with Treason, Felony, or oth-
er Crime, who shall fl ee from Justice, and be found in another State, shall
on Demand of the executive Authority of the State from which he fl ed, be
delivered up, to be removed to the State having Jurisdiction of the Crime.
3. Fugitive Slaves
No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence of any Law
or Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.
162 CHAPTER 5
The framers
wanted
to ensure that citizens
could determine how
state governments would
operate. How does the
need to respect the laws
of each state support
the principle of popular
sovereignty?
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CITIZENSHIP AND THE CONSTITUTION 163
Section 3.
New States
1. Admission
New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
2. Congressional Authority
The Congress shall have Power to dispose
of and make all needful Rules and Regulations respecting the Territory or
other Property belonging to the United States; and nothing in this Consti-
tution shall be so construed as to Prejudice any Claims of the United States,
or of any particular State.
Section 4.
Guarantees to the States
The United States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion; and
on Application of the Legislature, or of the Executive (when the Legislature
cannot be convened), against domestic Violence.
The States
States must honor the laws,
records, and court decisions
of other states. A person
cannot escape a legal
obligation by moving from
one state to another.
CITIZENSHIP AND THE CONSTITUTION
163
State
Establish and maintain
schools
Establish local governments
Regulate business within
the state
Make marriage laws
Provide for public safety
Assume other powers not
delegated to the national
government or prohibited
to the states
Federalism
National
Declare war
Maintain armed forces
Regulate interstate and
foreign trade
Admit new states
Establish post offices
Set standard weights
and measures
Coin money
Establish foreign policy
Make all laws necessary and
proper for carrying out delegated
powers
Shared
Maintain law
and order
Levy taxes
Borrow money
Charter banks
Establish courts
Provide for
public welfare
ANALYZING INFORMATION
Why does the power to declare war belong
only to the national government?
ANALYSIS
SKILL
In a republic,
voters elect
representatives to act in
their best interest. How
does Article IV protect the
practice of republicanism in
the United States?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-22
Article V Amending the Constitution
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States, shall call a Conven-
tion for proposing Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when ratifi ed by the Leg-
islatures of three fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratifi cation may be pro-
posed by the Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight shall in any Manner
affect the fi rst and fourth Clauses in the Ninth Section of the fi rst Article; and
that no State, without its Consent, shall be deprived of its equal Suffrage in
the Senate.
Article VI
Supremacy of National Government
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution, and the Laws
of the United States which shall
be made in Pursuance there-
of; and all Treaties made, or
which shall be made, under the
Authority of the United States,
shall be the supreme Law of the
Land; and the Judges in every
State shall be bound thereby,
any Thing in the Constitution
or Laws of any State to the Con-
trary notwithstanding.
The Senators and Represen-
tatives before mentioned,
and the Members of the sev-
eral State Legislatures, and all
executive and judicial Offi cers,
both of the United States and
of the several States, shall be
bound by Oath or Affi rmation,
to support this Constitution;
but no religious Test shall ever
be required as a Qualifi cation
to any Offi ce or public Trust
under the United States.
National Supremacy
One of the biggest problems
facing the delegates to the
Constitutional Convention
was the question of what
would happen if a state
law and a federal law
conflicted. Which law would
be followed? Who would
decide? The second clause
of Article VI answers those
questions. When a federal
law and a state law disagree,
the federal law overrides the
state law. The Constitution
and other federal laws are
the “supreme Law of the
Land.” This clause is often
called the supremacy clause.
164 CHAPTER 5
or
or
Ratifi ed by
with a two-thirds
vote in each house
called by Congress
at the request of
two-thirds of the
state legislatures
164 CHAPTER 5
America’s
founders
may not have realized how
long the Constitution would
last, but they did set up a
system for changing or
adding to it. They did not want
to make it easy to change
the Constitution. By what
methods may the Constitution
be amended? Under what
sorts of circumstances do
you think an amendment
might be necessary?
Amending the
U.S. Constitution
Amendments can be proposed by
Congress National
Convention
Legislatures
of three-fourths
of the states
Conventions
in three-fourths
of the states
Amendment is added
to the Constitution.
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CITIZENSHIP AND THE CONSTITUTION 165
Article VII Ratification
The Ratifi cation of the Conventions of nine States, shall be suffi cient for the
Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United States
of America the Twelfth In witness whereof We have hereunto subscribed
our Names,
George Washington—
President and deputy from Virginia
Delaware
George Read
Gunning Bedford Jr.
John Dickinson
Richard Bassett
Jacob Broom
Maryland
James McHenry
Daniel of
St. Thomas Jenifer
Daniel Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
William Blount
Richard Dobbs Spaight
Hugh Williamson
South Carolina
John Rutledge
Charles Cotesworth
Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abraham Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
William Samuel Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
William Livingston
David Brearley
William Paterson
Jonathan Dayton
Pennsylvania
Benjamin Franklin
Thomas Miffl in
Robert Morris
George Clymer
Thomas FitzSimons
Jared Ingersoll
James Wilson
Gouverneur Morris
Attest:
William Jackson,
Secretary
Ratification
The Articles of Confederation
called for all 13 states to
approve any revision to the
Articles. The Constitution
required that 9 out of the
13 states would be needed
to ratify the Constitution.
The first state to ratify was
Delaware, on December
7, 1787. Almost two-and-a-
half years later, on May 29,
1790, Rhode Island became
the last state to ratify the
Constitution.
CITIZENSHIP AND THE CONSTITUTION
165
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166 CHAPTER 5
Constitutional Amendments
Amendments 1–10. The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or pro-
hibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be
quartered
quartered
24
in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no
Warrants
Warrants
25
shall issue, but upon probable cause, supported by Oath
or affi rmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous
infamous
26
crime, unless on a presentment or
indictment
indictment
27
of a Grand Jury, except in
Rights of the Accused
The Fifth, Sixth, and Seventh
Amendments describe the
procedures that courts must
follow when trying people
accused of crimes.
Bill of Rights
One of the conditions set by
several states for ratifying
the Constitution was the
inclusion of a bill of rights.
Many people feared that a
stronger central government
might take away basic
rights of the people that had
been guaranteed in state
constitutions.
Note: The fi rst 10 amendments to the Constitution were ratifi ed on
December 15, 1791, and form what is known as the Bill of Rights.
166 CHAPTER 5
Fundamental Liberties
The First
Amendment
forbids Congress from
making any “law respecting
an establishment of
religion” or restraining the
freedom to practice religion
as one chooses. Why is
freedom of religion an
important right?
Vocabulary
24
quartered housed
25
Warrants written orders
authorizing a person to
make an arrest, a seizure,
or a search
26
infamous disgraceful
27
indictment the act of
charging with a crime
Freedom of SpeechFreedom of Religion
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-25
Vocabulary
28
ascertained found out
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previ-
ously
ascertained
ascertained
28
by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall exceed twen-
ty dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fi nes imposed, nor cruel
and unusual punishments infl icted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be con-
strued to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.
Trials
The Sixth Amendment makes
several guarantees, including
a prompt trial and a trial by
a jury chosen from the state
and district in which the
crime was committed.
Freedom of Assembly
167
Which amendment guarantees these fundamental freedoms?
ANALYSIS
SKILL
Freedom to
Petition the
Government
The Ninth
and Tenth
Amendments were added
because not every right
of the people or of the
states could be listed in
the Constitution. How
do the Ninth and Tenth
Amendments limit the power
of the federal government?
ANALYZING INFORMATION
Freedom of the Press
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-26
Vocabulary
29
construed explained or
interpreted
168 CHAPTER 5
Amendments 11–27
Amendment XI
Passed by Congress March 4, 1794. Ratifi ed February 7, 1795.
The Judicial power of the United States shall not be
construed
construed
29
to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State.
Amendment XII
Passed by Congress December 9, 1803. Ratifi ed June 15, 1804.
The Electors shall meet in their respective states and vote by ballot for Presi-
dent and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the
person voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President
of the Senate;—the President of the Senate shall, in the presence of the
President and
Vice President
The Twelfth Amendment
changed the election
procedure for president and
vice president.
1791
Bill of Rights
Amendments 110
179 5
Amendment 11
Protects the states
from lawsuits filed
by citizens of other
states or countries
18 0 4
Amendment 12
Requires separate
ballots for the
offices of president
and vice president
18 6 8
Amendment 14
Defines citizenship
and citizens’ rights
18 6 5
Amendment 13
Bans slavery
187 0
Amendment 15
Prohibits national and state
governments from denying
the vote based on race
168 CHAPTER 5
Amendments to the U.S. Constitution
179 0 18 7 018 2 0
The Constitution has been amended only 27 times since it
was ratified more than 200 years ago. Amendments help
the structure of the government change along with the
values of the nation’s people. Read the time line below to
learn how each amendment changed the government.
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CITIZENSHIP AND THE CONSTITUTION 169
Senate and House of Representatives, open all the certifi cates and the votes
shall then be counted;—The person having the greatest number of votes
for President, shall be the President, if such number be a majority of the
whole number of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not exceeding three on
the list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the Presi-
dent, the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the states shall
be necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President
shall act as President, as in case of the death or other constitutional disabil-
ity of the President.—The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the offi ce
of President shall be eligible to that of Vice-President of the United States.
1913
Amendment 16
Allows Congress to
tax incomes
Amendment 17
Establishes the
direct election of
U.S. senators
1919
Amendment 18
Bans the making,
selling, and
shipping of alco-
holic beverages
192 0
Amendment 19
Extends the right
to vote to women
1933
Amendment 21
Repeals Amendment 18
1933
Amendment 20
Changes the date
for starting a new
congressional term
and inaugurating a
new president
1951
Amendment 22
Limits terms a
president can
serve to two
19 67
Amendment 25
Establishes procedures for
presidential succession
19 92
Amendment 27
Limits the ability
of Congress to
increase its pay
19 61
Amendment 23
Gives citizens of Washington, D.C., the
right to vote in presidential elections
19 6 4
Amendment 24
Bans poll taxes
1971
Amendment 26
Gives 18-year-olds the right to vote
in federal and state elections
CITIZENSHIP AND THE CONSTITUTION 169
READING TIME LINES
1. How are the Eighteenth and Twenty-first Amendments related?
2. Which amendments relate to the right to vote?
ANALYSIS
SKILL
200019 2 0 19 7 0
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Vocabulary
30
involuntary servitude
being forced to work against
one’s will
170 CHAPTER 5
Amendment XIII
Passed by Congress January 31, 1865. Ratifi ed December 6, 1865.
1. Slavery Banned
Neither slavery nor
involuntary
involuntary
servitude,
servitude,
30
except
as a punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject to their
jurisdiction.
2. Enforcement
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XIV
Passed by Congress June 13, 1866. Ratifi ed July 9, 1868.
1. Citizenship Defi ned
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or prop-
erty, without due process of law; nor deny to any person within its jurisdic-
tion the equal protection of the laws.
2. Voting Rights
Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed
. But when the right
to vote at any election for the choice of electors for President and Vice-
President of the United States, Representatives in Congress, the Executive
and Judicial offi cers of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way abridged, 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
citizens shall bear to the whole number of male citizens twenty-one years
of age in such State.
3. Rebels Banned from Government
No person shall be a Senator or Rep-
resentative in Congress, or elector of President and Vice-President, or hold
any offi ce, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
offi cer of the United States, or as a member of any State legislature, or as an
executive or judicial offi cer of any State, to support the Constitution 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.
4. Payment of Debts
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
Protecting the
Rights of Citizens
In 1833 the Supreme
Court ruled that the Bill of
Rights limited the federal
government but not the
state governments. This
ruling was interpreted to
mean that states were able
to keep African Americans
from becoming state citizens
and keep the Bill of Rights
from protecting them. The
Fourteenth Amendment
defines citizenship and
prevents states from
interfering in the rights of
citizens of the United States.
Abolishing Slavery
Although some slaves
had been freed during the
Civil War, slavery was not
abolished until the Thirteenth
Amendment took effect.
170 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 171
bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation of any slave
;
but all such debts, obligations and claims shall be held illegal and void.
5. Enforcement
The Congress shall have the power to enforce, by appro-
priate legislation, the provisions of this article.
Amendment XV
Passed by Congress February 26, 1869. Ratifi ed February 3, 1870.
1. Voting Rights
The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State on account
of race, color, or previous condition of servitude.
2. Enforcement
The Congress shall have the power to enforce this article
by appropriate legislation.
CITIZENSHIP AND THE CONSTITUTION 171
ANALYZING INFORMATION
ANALYSIS
SKILL
Why was the Thirteenth Amendment needed?
African Americans participate
in an election.
The Reconstruction Amendments
The Thirteenth, Fourteenth, and
Fifteenth Amendments are often
called the Reconstruction Amend-
ments. This is because they arose
during Reconstruction, the period of
American history following the Civil
War. The country was reconstruct-
ing itself after that terrible conflict.
A key aspect of Reconstruction was
extending the rights of citizenship to
former slaves.
The Thirteenth Amendment
banned slavery. The Fourteenth
Amendment required states to respect
the freedoms listed in the Bill of
Rights, thus preventing states from
denying rights to African Americans.
The Fifteenth Amendment gave Afri-
can American men the right to vote.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-30
172 CHAPTER 5
Amendment XVI
Passed by Congress July 2, 1909. Ratifi ed February 3, 1913.
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.
Amendment XVII
Passed by Congress May 13, 1912. Ratifi ed April 8, 1913.
1. Senators Elected by Citizens
The Senate of the United States shall be
composed of two Senators from each State, elected by the people thereof,
for six years; and each Senator shall have one vote. The electors in each
State shall have the qualifi cations requisite for electors of the most numer-
ous branch of the State legislatures.
2. Vacancies
When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue writs of elec-
tion to fi ll such vacancies: Provided, That the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fi ll the vacancies by election as the legislature may direct.
3. Future Elections
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes valid as part
of the Constitution.
Amendment XVIII
Passed by Congress December 18, 1917. Ratifi ed January 16, 1919. Repealed by
Amendment XXI.
1. Liquor Banned
After one year from the ratifi cation of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United States
and all territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
2. Enforcement
The Congress and the several States shall have concur-
rent power to enforce this article by appropriate legislation.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of the
several States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Prohibition
Although many people
believed that the Eighteenth
Amendment was good for
the health and welfare of
the American people, it was
repealed 14 years later.
172 CHAPTER 5
The
Seventeenth
Amendment requires that
senators be elected directly
by the people instead of by
the state legislatures. What
principle of our government
does the Seventeenth
Amendment protect?
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CITIZENSHIP AND THE CONSTITUTION 173
Amendment XIX
Passed by Congress June 4, 1919. Ratifi ed August 18, 1920.
1. Voting Rights
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of sex.
2. Enforcement
Congress shall have power to enforce this article by appro-
priate legislation.
Amendment XX
Passed by Congress March 2, 1932. Ratifi ed January 23, 1933.
1. Presidential Terms
The terms of the President and the Vice President
shall end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratifi ed; and the
terms of their successors shall then begin.
Women’s Suffrage
Abigail Adams and others
were disappointed that the
Declaration of Independence
and the Constitution did not
specifically include women.
It took many years and much
campaigning before suffrage
for women was finally
achieved.
CITIZENSHIP AND THE CONSTITUTION
173
Women Fight for the Vote
To become part of the Constitution, a proposed amendment
must be ratified by three-fourths of the states. Here, suffragists wit-
ness Kentucky governor Edwin P. Morrow signing the Nineteenth
Amendment in January 1920. By June of that year, enough states
had ratified the amendment to make it part of the Constitution.
American women, after generations of struggle, had finally won
the right to vote.
ANALYZING INFORMATION
ANALYSIS
SKILL
What right did the Nineteenth Amendment grant?
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174 CHAPTER 5
2. Meeting of Congress
The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of January, unless
they shall by law appoint a different day.
3. Succession of Vice President
If, at the time fi xed for the beginning of
the term of the President, the President elect shall have died, the Vice Presi-
dent elect shall become President. If a President shall not have been chosen
before the time fi xed for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice President elect shall act as Presi-
dent until a President shall have qualifi ed; and the Congress may by law
provide for the case wherein neither a President elect nor a Vice President
shall have qualifi ed, declaring who shall then act as President, or the man-
ner in which one who is to act shall be selected, and such person shall act
accordingly until a President or Vice President shall have qualifi ed.
4. Succession by Vote of Congress
The Congress may by law provide for
the case of the death of any of the persons from whom the House of Repre-
sentatives may choose a President whenever the right of choice shall have
devolved upon them, and for the case of the death of any of the persons
from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
5. Ratifi cation
Sections 1 and 2 shall take effect on the 15th day of Octo-
ber following the ratifi cation of this article.
6. Ratifi cation
This article shall be inoperative unless it shall have been rati-
ed as an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its submission.
Amendment XXI
Passed by Congress February 20, 1933. Ratifi ed December 5, 1933.
1. 18th Amendment Repealed
The eighteenth article of amendment to
the Constitution of the United States is hereby repealed.
2. Liquor Allowed by Law
The transportation or importation into any
State, Territory, or Possession of the United States for delivery or use therein
of intoxicating liquors, in violation of the laws thereof, is hereby prohib-
ited.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by conventions in the sev-
eral States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Taking Office
In the original Constitution, a
newly elected president and
Congress did not take office
until March 4, which was four
months after the November
election. The officials who
were leaving office were
called lame ducks because
they had little influence
during those four months.
The Twentieth Amendment
changed the date that the
new president and Congress
take office. Members of
Congress now take office
during the first week of
January, and the president
takes office on January 20.
174 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 175
Amendment XXII
Passed by Congress March 21, 1947. Ratifi ed February 27, 1951.
1. Term Limits
No person shall be elected to the offi ce of the President
more than twice, and no person who has held the offi ce of President, or
acted as President, for more than two years of a term to which some other
person was elected President shall be elected to the offi ce of President more
than once. But this Article shall not apply to any person holding the offi ce
of President when this Article was proposed by Congress, and shall not
prevent any person who may be holding the offi ce of President, or act-
ing as President, during the term within which this Article becomes opera-
tive from holding the offi ce of President or acting as President during the
remainder of such term.
2. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of three-
fourths of the several States within seven years from the date of its submis-
sion to the States by the Congress.
Amendment XXIII
Passed by Congress June 16, 1960. Ratifi ed March 29, 1961.
1. District of Columbia Represented
The District constituting the seat of
Government of the United States shall appoint in such manner as Con-
gress may direct:
A number of electors of President and Vice President equal to the whole num-
ber of Senators and Representatives in Congress to which the District would
be entitled if it were a State, but in no event more than the least populous
State; they shall be in addition to those appointed by the States, but they shall
be considered, for the purposes of the election of President and Vice Presi-
dent, to be electors appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article of amendment.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Voting Rights
Until the ratification of the
Twenty-third Amendment,
the people of Washington,
D.C., could not vote in
presidential elections.
CITIZENSHIP AND THE CONSTITUTION
175
From the time
of President
George Washington’s
administration, it was a
custom for presidents to
serve no more than two
terms in office. Franklin D.
Roosevelt, however, was
elected to four terms. The
Twenty-second Amendment
restricted presidents to
no more than two terms in
office. Why do you think
citizens chose to limit the
power of the president in
this way?
After Franklin D.
Roosevelt was elected
to four consecutive
terms, limits were
placed on the number
of terms a president
could serve.
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176 CHAPTER 5
Amendment XXIV
Passed by Congress August 27, 1962. Ratifi ed January 23, 1964.
1. Voting Rights
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors for
President or Vice President, or for Senator or Representative in Congress,
shall not be denied or abridged by the United States or any State by reason
of failure to pay poll tax or other tax.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXV
Passed by Congress July 6, 1965. Ratifi ed February 10, 1967.
1. Sucession of Vice President
In case of the removal of the President from
offi ce or of his death or resignation, the Vice President shall become President.
2. Vacancy of Vice President
Whenever there is a vacancy in the offi ce
of the Vice President, the President shall nominate a Vice President who
shall take offi ce upon confi rmation by a majority vote of both Houses
of Congress.
Presidential Disability
The illness of President
Eisenhower in the 1950s
and the assassination of
President Kennedy in 1963
were the events behind the
Twenty-fifth Amendment. The
Constitution did not provide
a clear-cut method for a vice
president to take over for a
disabled president or upon
the death of a president. This
amendment provides for filling
the office of the vice president
if a vacancy occurs, and it
provides a way for the vice
president—or someone else
in the line of succession—to
take over if the president is
unable to perform the duties
of that office.
176 CHAPTER 5
Poll Tax Amendment
Poll taxes were used to deny
many poor Americans, includ-
ing African Americans and
Hispanic Americans, their
right to vote. These taxes were
made unconstitutional by the
Twenty-fourth Amendment.
ANALYZING INFORMATION
How did poll taxes deny poor Americans the
opportunity to vote?
ANALYSIS
SKILL
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CITIZENSHIP AND THE CONSTITUTION 177
3. Written Declaration
Whenever the President transmits to the Presi-
dent pro tempore of the Senate and the Speaker of the House of Represen-
tatives his written declaration that he is unable to discharge the powers
and duties of his offi ce, and until he transmits to them a written declara-
tion to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
4. Removing the President
Whenever the Vice President and a major-
ity of either the principal offi cers of the executive departments or of such
other body as Congress may by law provide, transmit to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the pow-
ers and duties of his offi ce, the Vice President shall immediately assume the
powers and duties of the offi ce as Acting President.
Thereafter, when the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties
of his offi ce unless the Vice President and a majority of either the principal
offi cers of the executive department or of such other body as Congress may
by law provide, transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties
of his offi ce. Thereupon Congress shall decide the issue, assembling within
forty-eight hours for that purpose if not in session. If the Congress, within
twenty-one days after receipt of the latter written declaration, or, if Con-
gress is not in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the President
is unable to discharge the powers and duties of his offi ce, the Vice President
shall continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his offi ce.
Amendment XXVI
Passed by Congress March 23, 1971. Ratifi ed July 1, 1971.
1. Voting Rights
The right of citizens of the United States, who are eigh-
teen years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXVII
Originally proposed September 25, 1789. Ratifi ed May 7, 1992.
No law, varying the compensation for the services of the Senators and Rep-
resentatives, shall take effect, until an election of representatives shall have
intervened.
Expanded Suffrage
The Voting Rights Act of 1970
tried to set the voting age at
18. However, the Supreme
Court ruled that the act set
the voting age for national
elections only, not for state
or local elections. The
Twenty-sixth Amendment
gave 18-year-old citizens the
right to vote in all elections.
CITIZENSHIP AND THE CONSTITUTION
177
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2
178 CHAPTER 5
SECTION
Key Terms and People
James Madison, p. 178
majority rule, p. 178
petition, p. 179
search warrant, p. 180
due process, p. 180
indict, p. 180
double jeopardy, p. 180
eminent domain, p. 180
What You Will Learn…
The Bill of Rights was added
to the Constitution to define
clearly the rights and freedoms
of citizens.
The Big Idea
1. The First Amendment guar-
antees basic freedoms to
individuals.
2. Other amendments focus
on protecting citizens from
certain abuses.
3. The rights of the accused are
an important part of the Bill
of Rights.
4. The rights of states and citi-
zens are protected by the Bill
of Rights.
Main Ideas
Your father runs a bookshop in colonial Boston in 1770. Your family
lives in a very small, brick house. You and your sisters must share one
small room. One day, a red-coated British offi cer knocks on your door
and strides into the parlor. He says that your family will have to provide
a room and meals for two British soldiers. “Were already crowded!”
you protest, but he insists.
Would you support the British government’s
requirement that colonists provide food
and shelter for troops? Why?
BUILDING BACKGROUND People in the American colonies
resented the British soldiers stationed in their towns. They objected
to sudden searches and to soldiers being housed in private homes.
They disliked censorship of their newspapers. When the Constitution
was written, Americans remembered those wrongs. They insisted on
adding a bill of rights to the document.
First Amendment
Federalist James Madison promised that a bill of rights would be
added to the Constitution. This promise allowed the Constitution
to pass. In 1789 Madison began writing down a huge list of pro-
posed amendments. He then presented a shorter list to the House
of Representatives. Of those, the House approved 12. The states
ratifi ed 10, which took effect December 15, 1791. Those 10 amend-
ments, called the Bill of Rights, protect U.S. citizens’ individual lib-
erties.
The protection of individual liberties is important in a repre-
sentative democracy. Without safeguards, people’s rights would not
always be protected because of
majority rule
majority rule.
This is the idea that the
This is the idea that the
greatest number of people in society can make policies for everyone
greatest number of people in society can make policies for everyone.
While this means that most people agree on what the law should
be, it also means that smaller groups might lose their rights. The Bill
of Rights ensures that the rights of all citizens are protected.
The ideas spelled out in the First Amendment form the most basic
rights of all U.S. citizens. These rights include freedom of religion,
If YOU were there...
The Bill of Rights
HSS
8.2.6
Enumerate the powers
of government set forth in the Consti-
tution and the fundamental liberties
ensured by the Bill of Rights.
8.3.7 Understand the functions and
responsibilities of a free press.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-37
slander—false statements meant to damage
someone’s reputation. Libel, or intentionally
writing a lie that harms another person, is not
protected, either. The Supreme Court has also
ruled that speech that endangers public safety
is not protected. For example, Justice Oliver
Wendell Holmes declared in 1919 that falsely
shouting “Fire” in a crowded theater is not
protected as free speech.
Americans also have freedom of assembly,
or of holding meetings. Any group may gather
to discuss issues or conduct business. If people
gather peacefully and do not engage in illegal
activities, the government cannot interfere.
The right to
petition
petition,
or make a request of the
or make a request of the
government
government, is another right of the American
people. Any American can present a petition
to a government offi cial. This right lets Ameri-
cans show dissatisfaction with a law. They can
also suggest new laws.
READING CHECK
Summarizing What rights
does the First Amendment guarantee to Americans?
Amendment I
Congress shall make no law respecting an estab-
lishment of religion, or prohibiting the free exer-
cise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peace-
ably to assemble, and to petition the Government
for a redress of grievances.
Free-speech
protection has
also been applied
to “symbolic”
speech—non-
verbal com-
munication that
expresses an
idea, such as
wearing a
protest button.
THE IMPACT
TODAY
179
freedom of the press, freedom of speech, free-
dom of assembly, and the right to petition.
In the spirit of Thomas Jefferson’s Vir-
ginia Statute for Religious Freedom, the First
Amendment begins, “Congress shall make no
law respecting an establishment of religion,
or prohibiting the free exercise thereof.” In
other words, the government cannot support
or interfere with the practice of a religion.
This amendment keeps the government from
favoring one religion over any other or estab-
lishing an offi cial religion.
The First Amendment also guarantees free-
dom of speech and of the press. This means
that Americans have the right to express their
own ideas and views. They also have the right
to hear the ideas and views of others. Former
senator Margaret Chase Smith discussed why
these freedoms are important. “The key to secu-
rity,” she once said, “is public information.”
Freedom of speech does not mean that
people can say anything they want to, how-
ever. The Constitution does not protect
Workers use the right of assembly
to protest a proposed budget in
New York City.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-38
180 CHAPTER 5
Protecting Citizens
The Second, Third, and Fourth Amendments
relate to colonial disputes with Britain and
refl ect many of the ideals outlined in the
Declaration of Independence. The Second
Amendment deals with state militias and the
right to bear arms. Colonial militias played
a big role in the Revolutionary War. The
framers of the Constitution thought that
the states needed their militias for emergen-
cies. Today the National Guard has largely
replaced organized state militias.
Supporters of gun-control laws have gen-
erally argued that the Second Amendment
was intended to protect the collective right
of states to maintain well-regulated militia
units. Opponents hold that the amendment
was meant to protect an individual’s right
of self-defense. The meaning of the amend-
ment continues to be debated.
The Third Amendment prevents the mili-
tary from forcing citizens to house soldiers.
Before the Revolution, the British pressured
colonists to shelter and feed British soldiers.
British leaders also forced colonists to submit
to having their property searched for illegal
goods. Anger over such actions led to the
Fourth Amendment rule against “unreason-
able searches and seizures.” Before a citizen’s
property can be searched, authorities must
now get a
search warrant
search warrant.
This order gives
This order gives
authorities permission to search someone’s
authorities permission to search someone’s
property
property. A judge issues this order only when
it seems likely that a search might uncover
evidence relating to a crime. In emergen-
cies, however, police can make an emergency
search. This may preserve evidence needed to
prove possible illegal activity.
READING CHECK
Finding Main Ideas
Why were the Third and Fourth Amendments
matters of great importance to Americans when
the Bill of Rights was written?
Rights of the Accused
The Fifth, Sixth, Seventh, and Eighth Amend-
ments provide guidelines for protecting the
rights of the accused. According to the Fifth
Amendment, the government cannot pun-
ish anyone without
due process
due process
of law.
of law.
This
This
means that the law must be fairly applied
means that the law must be fairly applied.
A grand jury decides if there is enough evi-
dence to
indict
indict
(en–
(en–
DYT
DYT
)
),
or formally accuse
or formally accuse,
a person. Without an indictment, the court
cannot try anyone for a serious crime. The
Fifth Amendment also protects people from
having to testify at their own criminal trial.
To keep from testifying, a person need only
“take the Fifth.” In addition, anyone found
not guilty in a criminal trial cannot face
double jeopardy
double jeopardy.
In other words, he or she
In other words, he or she
cannot be tried again for the same crime
cannot be tried again for the same crime.
The fi nal clause of the Fifth Amend-
ment states that no one can have property
taken without due process of law. There is
one exception: the government’s power of
eminent domain
eminent domain.
This is the power to take
This is the power to take
personal property to benefi t the public
personal property to benefi t the public. One
example would be taking private land to build
a public road. However, the government must
pay the owners a fair price for the property.
If the property was gained illegally, then the
owners are not paid.
180 CHAPTER 5
Amendment II
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and sei-
zures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affi rmation, and
particularly describing the place to be searched, and the per-
sons or things to be seized.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-39
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be com-
pelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without
just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusa-
tion; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be pre-
served, and no fact tried by a jury, shall be otherwise reexam-
ined in any Court of the United States, than according to the
rules of the common law.
The Sixth Amendment protects the rights
of a person who has been indicted. It guaran-
tees that person a speedy public trial. Public
trials ensure that laws are being followed by
allowing the public to witness the proceed-
ings. Accused people have the right to know
the charges against them and can hear and
question witnesses testifying against them.
Accused people have the right to an attorney.
If they cannot pay for legal service, the gov-
ernment must provide it. Sometimes accused
persons refuse their Sixth Amendment rights.
For example, some defendants refuse the ser-
vices of an attorney, while others choose to
have a trial in front of a judge alone instead
of before a jury. In many cases, defendants
can forgo trial and agree to a plea bargain.
This means that a defendant pleads guilty to
a lesser charge and avoids risking conviction
for a crime with a greater sentence.
The Seventh Amendment states that juries
can decide civil cases. It is possible to harm
another person without committing a crime.
In such cases, the injured party may sue, or
seek justice, in a civil court. Civil cases usu-
ally involve disputes over money or property.
For example, someone might bring a civil suit
against a person who refuses to repay a debt.
CITIZENSHIP AND THE CONSTITUTION 181
A judge and jury listen to a witness in a
courtroom in Orange County, California.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-40
182 CHAPTER 5
Amendment IX
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or dispar-
age others retained by the people.
Amendment X
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
A Right to Bail
The Eighth Amendment allows for bail. Bail
is a set amount of money that defendants
promise to pay the court if they fail to appear
in court at the proper time.
By posting, or paying, bail, a defendant
can avoid staying in jail before and during a
trial. If a defendant does not show up in court
for trial, the court demands the bail money
be paid and issues a warrant for arrest.
The Eighth Amendment keeps courts
from setting unfairly high bail. However, in
cases of very serious crimes, a judge may refuse
to set bail altogether. This can be the case, for
example, if the court regards a
defendant as being potentially
dangerous to the public by
being left free. A judge can also
deny bail if he or she thinks
the defendant will not show
up for trial. In such cases the
defendant must remain in jail
through the trial.
“Cruel and Unusual Punishments”
The Eighth Amendment also bans “cruel and
unusual punishments” against a person con-
victed of a crime. For many years, Americans
have debated the question of what exactly
constitutes cruel and unusual punishment.
The debate has often centered on the issue
of capital punishment. In 1972 the Supreme
Court ruled that the way in which most states
carried out the death penalty was cruel and
unusual. The Court also found that the ways
in which many states sentenced people to
death were unfair. However, a few years later,
the Court ruled that not all executions were
in themselves cruel and unusual.
Most states still allow the death pen-
alty. Those that do must follow the Supreme
Court’s rules. To do so, many states have
changed the ways in which they carry out
the death penalty.
READING CHECK
Summarizing What is the
purpose of the Eighth Amendment?
Rights of States and Citizens
The fi nal two amendments in the Bill of Rights
give a general protection for other rights not
addressed by the fi rst eight amendments.
These amendments also reserve some govern-
mental powers for the states and the people.
Ninth Amendment
The Ninth Amendment says that the rights
listed in the Constitution are not the only
rights that citizens have. This amendment
has allowed the courts and Congress to
decide other basic rights of citizens.
Tenth Amendment
The Constitution does not address the ques-
tion of education. However, most Americans
believe that it is a basic and essential right.
This seems especially true in view of the
fact that American citizens must be able to
182 CHAPTER 5
Amendment VIII
Excessive bail shall not be
required, nor excessive
nes imposed, nor cruel
and unusual punishments
infl icted.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-41
Section 2 Assessment
KEYWORD: SS8 HP5
Online Quiz
Reviewing Ideas, Terms, and People
1. a. Identify What basic rights are protected by the First
Amendment?
b. Explain What does the right to petition the govern-
ment mean?
c. Elaborate Why is freedom of the press an important
right?
2. a. Describe How are citizens protected under the Third
and Fourth Amendments?
b. Draw Conclusions In what ways did British actions
before the Revolution lead to the Second, Third, and
Fourth Amendments?
3. a. Identify What protections does the Eighth Amendment
provide for people accused of crimes?
b. Elaborate Why is it important that the Bill of Rights
protects people accused of crimes?
4. a. Recall What is the purpose of the fi nal two amend-
ments in the Bill of Rights?
b. Analyze How does the Tenth Amendment balance
power between national and state governments?
Critical Thinking
5. Summarizing Copy the chart below. Use it to summarize
the rights guaranteed to citizens by each amendment in
the Bill of Rights.
FOCUS ON WRITING
6. Gathering Information about the Bill of Rights
What freedoms are guaranteed by the Bill of Rights?
Make a list of the most important freedoms. You’ll list
those freedoms on the third page of your pamphlet.
Amendment Right
1
2
3
4
5
6
7
8
9
10
vote for the people who represent them in
government. “Education is not just another
consumer item. It is the bedrock [founda-
tion] of our democracy,” explained educa-
tional leader Mary Hatwood Futrell. Today
state governments offer free education from
elementary to high school—to all citizens.
The Tenth Amendment recognizes that
the states and the people have additional
powers. These powers are any ones that the
Constitution does not specifi cally give to
Congress—the delegated powers. The Tenth
Amendment makes it clear that any powers
not either delegated to the federal govern-
ment or prohibited to the states belong to the
states and the people. Thus, the last amend-
ment in the Bill of Rights protects citizens’
rights. It helps to keep the balance of power
between the federal and state governments.
READING CHECK
Summarizing How does the
Tenth Amendment protect the rights of citizens?
SUMMARY AND PREVIEW In this section
you learned about the Bill of Rights. In
the next section you will learn about the
responsibilities of citizenship.
CITIZENSHIP AND THE CONSTITUTION 183
Students learn about the
rights and responsibilities
of being a U.S. citizen.
HSS
8.2.6, 8.3.7
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-42
184 CHAPTER 5
Key Terms
naturalized citizens, p. 184
deport, p. 184
draft, p. 185
political action committees, p. 186
interest groups, p. 186
What You Will Learn…
SECTION
3
What You Will Learn…
American citizenship involves
great privileges and serious
responsibilities.
The Big Idea
1. Citizenship in the United
States is determined in sev-
eral ways.
2. Citizens are expected to fulfill
a number of important duties.
3. Active citizen involvement in
government and the commu-
nity is encouraged.
Main Ideas
Your older brother and his friends have just turned 18. That means
they must register with selective service. But it also means that
they are old enough to vote in national elections. You are inter-
ested in the upcoming elections and think it would be exciting to
have a real voice in politics. But your brother and his friends don’t
even plan to register to vote.
How would you persuade your brother
that voting is important?
BUILDING BACKGROUND Whether you are born an American
citizen or become one later, citizenship brings many rights and privi-
leges. But it also brings duties and responsibilities. Voting is both a
right and a responsibility.
Gaining U.S. Citizenship
People become U.S. citizens in several ways. First, anyone born in
the United States or a territory it controls is a citizen. People born in
a foreign country are U.S. citizens if at least one parent is a U.S. citi-
zen.
Foreign-born people whose parents are not citizens must move
Foreign-born people whose parents are not citizens must move
to the United States to become
to the United States to become
naturalized citizens
naturalized citizens. Once in the
United States, they go through a long process before applying for
citizenship. If they succeed, they become naturalized citizens, giv-
ing them most of the rights and responsibilities of other citizens.
In the United States, legal immigrants have many of the rights
and responsibilities of citizens but cannot vote or hold public
offi ce. The U.S. government can
deport
deport,
or return to the country
or return to the country
of origin
of origin, immigrants who break the law.
Legal immigrants over age 18 may request naturalization after
living in the United States for fi ve years. All legal immigrants have to
If YOU were there...
Rights and
R esponsibilities
of Citizenship
HSS
8.3.6
Describe the basic
law-making process and how the
Constitution provides numerous
opportunities for citizens to partici-
pate in the political process and to
monitor and infl uence government
(e.g., function of elections, political
parties, interest groups).
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-43
CITIZENSHIP AND THE CONSTITUTION 185
support themselves fi nancially. If not, some-
one must assume fi nancial responsibility for
them. Immigrants must be law-abiding and
support the U.S. Constitution. They must
demonstrate understanding of written and
spoken English. They also must show basic
knowledge of U.S. history and government.
When this is done, candidates go before
a naturalization court and take an oath of
allegiance to the United States. They then get
certifi cates of naturalization.
Only two differences between naturalized
and native-born citizens exist. Naturalized cit-
izens can lose their citizenship, and they can-
not become president or vice president. Many
famous Americans have been naturalized citi-
zens, including scientist Albert Einstein and
former secretary of state Madeleine Albright.
READING CHECK
Drawing Conclusions
Why does U.S. law have such demanding require-
ments for people to become naturalized citizens?
Duties of Citizenship
For a representative democracy to work,
Americans need to fulfi ll their civic duties.
“The stakes…are too high for government to
be a spectator sport,” former Texas congress-
woman Barbara Jordan once said.
Citizens elect offi cials to make laws for
them. In turn, citizens must obey those laws
and respect the authorities who enforce
them. Obeying laws includes knowing what
they are and staying informed about chang-
es. Ignorance of a law will not prevent a per-
son from being punished for breaking it.
Another duty is paying taxes for ser-
vices such as public roads, police, and pub-
lic schools. People pay sales taxes, property
taxes, and tariffs. Many Americans also pay a
tax on their income to the federal, and some-
times state, government.
Citizens have the duty to defend the
nation. Men 18 years or older must regis-
ter with selective service. In the event of a
draft
draft
, or required military
, or required military
service,
service, those able
to fi ght are already registered. Although
women do not register, many serve in the
armed forces.
Americans have the right to a trial by jury
under the Sixth Amendment. To protect this
right, citizens should be willing to serve on a
jury when they are called. Otherwise, fulfi ll-
ing each person’s Sixth Amendment rights
would be diffi cult.
READING CHECK
Making Inferences Why does
citizenship carry with it certain responsibilities?
CITIZENSHIP AND THE CONSTITUTION 185
For many people around the world,
becoming a citizen of the United States
is a lifelong dream. The highlight of the
naturalization process is the ceremony
where candidates promise to “support
and defend the Constitution and laws of
the United States of America.
Becoming a Citizen
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-44
Responsibilities of Citizens
Jury Duty
186 CHAPTER 5
For representative democracy to work,
citizens must do their part. Each activity
pictured here serves an important role in
the community.
Citizens and Government
Taking part in the elections process by voting
may be a citizen’s most vital duty. Through
free elections, U.S. citizens choose who will
lead their government.
Function of Elections
It is essential for citizens to learn as much
as they can about the issues and candidates
before voting. Information is available from
many sources: the Internet, newspapers,
television, and other media. However, vot-
ers should also be aware that some material
may be propaganda or material that is biased
deliberately to help or harm a cause.
In addition to voting, many Americans
choose to campaign for candidates or issues.
Anyone can help campaign, even if he or
she is not eligible to vote. Many people also
help campaigns by giving money directly or
through
political action committees
political action committees
(PACs),
(PACs),
groups that collect money for candidates
groups that collect money for candidates
who support certain issues
who support certain issues.
Infl uencing Government
Even after an election, people can infl uence
officials. Political participation is part of
our nation’s identity and tradition. When
colonists protested British rule in the 1700s,
they formed committees and presented their
views to political leaders.
As the new American nation grew, so
did political participation. French diplomat
Alexis de Tocqueville visited the United States
in 1831 to study American democracy. He
was amazed at the large number of political
groups Americans participated in. He wrote
about them:
What political power could ever carry on the
vast multitude [large number] of lesser under-
takings which the American citizens perform
every day, with the assistance of the principle
of association [joining a group]? Nothing, in
my opinion, is more deserving of our atten-
tion than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
U.S. citizens sometimes work with
interest
interest
groups
groups.
These groups of people share a
These groups of people share a
common interest that motivates them to
common interest that motivates them to
take political action.
take political action. Interest groups orga-
nize speeches and rallies to support their
cause. However, citizens need not join a
group to infl uence government. They can
write letters to leaders of government or
attend city council meetings. Active political
participation is an important duty for U.S.
citizens and immigrants alike.
Helping the Community
Commitment to others moves many Americans
to volunteer in community service groups.
Some small communities rely on volunteers
for services such as fi re protection and law
enforcement.
Other volunteer groups help government-
sponsored agencies. For example, Citizens on
186 CHAPTER 5
Military Service
ACADEMIC
VOCABULARY
influence
change or have
an effect on
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-45
Section 3 Assessment
Reviewing Ideas, Terms,
and People
1. a. Identify What are the different ways in which a
person can become a U.S. citizen?
b. Make Inferences Why do you think the law
requires an immigrant to live in the United States
at least fi ve years before he or she can apply to
become a naturalized citizen?
2. a. Describe What are three duties expected of U.S.
citizens?
b. Evaluate In your opinion, which duty expected
of citizens is the most important? Why?
3. a. Identify In what ways can citizens participate in
the election process?
b. Draw Conclusions Why is it important that
citizens participate in the political process?
Critical Thinking
4. Analyzing Copy the graphic organizer on the right.
Use it to analyze the different ways that a person
can become a U.S. citizen and the responsibilities
that all citizens share.
FOCUS ON WRITING
5. Thinking about Citizenship The last page of
your pamphlet will have two parts—one part on
requirements for citizenship and one part on the
responsibilities of citizens. Look back through this
section and make two lists, one on requirements
and one on responsibilities.
KEYWORD: SS8 HP5
Online Quiz
Responsibilities
U.S.
Citizenship
Community Service
Voting
Patrol and Neighborhood Watch groups ask
volunteers to walk their neighborhoods and
tell police if they observe possible criminal
activity in the area. The American Red Cross
helps citizens in times of natural disasters or
other emergencies. The Boy Scouts and Girl
Scouts plan many projects such as planting
trees to improve the environment. Even sim-
ple acts such as picking up trash in parks or
serving food in shelters help a community.
READING CHECK
Summarizing In what ways
do volunteer groups benefit the community?
SUMMARY AND PREVIEW In this section
you learned about citizens’ duties toward
their nation and their communities.
In the next chapter you will learn about
the fi rst government formed under the
Constitution.
CITIZENSHIP AND THE CONSTITUTION 187
Obey the Law
ANALYZING VISUALS
Which responsibilities can you fulfill now,
without waiting until you turn 18 years old?
ANALYSIS
SKILL
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-46
Social Studies Skills
Analysis
Critical
Thinking
Define the Skill
A context is the circumstances under which some-
thing happens. Historical context includes values,
beliefs, conditions, and practices that were com-
mon in the past. At times, some of these were quite
different from what they are today. To truly under-
stand a historical statement or event, you have to
take its context into account. It is not right to judge
what people in history did or said based on present-
day values alone. To be fair, you must also consider
the historical context of the statement or event.
Learn the Skill
To better understand something a historical fi gure
said or wrote, use the following guidelines to deter-
mine the context of the statement.
1
Identify the speaker or writer, the date, and the
topic and main idea of the statement.
2
Determine the speaker’s or writer’s attitude and
point of view about the topic.
3
Review what you know about beliefs, condi-
tions, or practices related to the topic that were
common at the time. Find out more about the
times in which the statement was made if you
need to.
4
Decide how well the statement refl ects the val-
ues, attitudes, and practices of people living at
that time. Then, determine how well it refl ects
values, attitudes, and practices related to the
topic today.
Applying these guidelines will give you a
better understanding of statements made by the
Determining the Context of Statements
Constitution’s framers. You read in Chapter 5
that the Constitution created a representative
democracy. However, the original Constitution
gave most Americans little voice in choosing their
leaders. Only the House of Representatives was
elected by the voters. Alexander Hamilton, one
of the Constitutional Convention’s leaders,
told the delegates:
The people are turbulent and changing; they seldom
judge or determine right. Give therefore to the fi rst
[upper] class a distinct, permanent share in government.
They will check the unsteadiness of the second
[the masses].
By modern standards, Hamilton’s remark is
undemocratic. But think about the times in which it
was made. Shays’s Rebellion had recently occurred.
In addition, in those days most Americans had
little or no education. Many could not even read or
write. When its historical context is considered, the
statement seems less harsh and extreme.
Practice the Skill
Read the following statement made by Patrick
Henry in 1788. Then answer the questions to deter-
mine its context and better understand it.
The Constitution is said to have beautiful features, but . . .
they appear to me horribly frightful. . . . Your dearest rights
may be sacrifi ced by what may be a small minority . . .
[that] . . . may continue forever unchangeably this govern-
ment, although horribly defective.
1. What was Henry’s opinion of the Constitution?
2. How might Americans’ recent experience in the
Revolution have caused him to feel that way?
188 CHAPTER 5
Participation Study
HR5
Students determine the context in which
historical statements were made.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-47
Reviewing Vocabulary,
Terms, and People
1. Who promised to add a bill of rights to the U.S.
Constitution?
a. Benjamin Franklin c. Alexander Hamilton
b. Thomas Jefferson d. James Madison
2. What is the term for a person born in another
country who becomes a citizen of the United
States?
a. immigrant c. naturalized citizen
b. partial citizen d. separatist
3. What are powers granted to the states called?
a. reserved powers c. stately powers
b. concurrent powers d. delegated powers
4. What is the permission to look for evidence of a
crime in a particular location called?
a. petition c. indictment
b. impeachment d. search warrant
5. Who was the fi rst female Supreme Court
justice?
a. Abigail Adams c. Barbara Jordan
b. Susan B. Anthony d. Sandra Day
O’Connor
CITIZENSHIP AND THE CONSTITUTION 189
Standards Review
CHAPTER
5
Use the visual summary below to help you review
the main ideas of the chapter.
Visual
Summary
The Bill of Rights guarantees
important rights and freedoms
for American citizens.
Along with rights, citizens have
duties: to obey laws, pay taxes,
register for the draft, sit on juries,
perform community service,
and vote.
The U.S. Constitution sets up a federal system of
government, with powers divided between the federal
government and state governments.
The powers of government are divided among three
branches: the legislative, executive, and judicial
branches.
A system of checks and balances prevents any one
branch from becoming too powerful.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-48
190 CHAPTER 5
Comprehension and
Critical Thinking
SECTION 1 (Pages 144–148)
6. a. Describe Name each branch of government
and explain the duties of each.
b. Analyze What checks and balances exist
between the branches of government?
c. Evaluate Do you think the three branches of
government share their power equally? Explain
your answer.
SECTION 2 (Pages 178–183)
7. a . Identify What is the Bill of Rights, and why
was it added to the Constitution?
b. Analyze In what ways does the Bill of Rights
protect individuals from the power of government?
c. Elaborate Which of the amendments in
the Bill of Rights do you think is the most
important? Why?
SECTION 3 (Pages 184–187)
8. a. Describe What are the ways in which a
person can gain U.S. citizenship?
b. Analyze How are citizens able to influence
their government?
c. Predict What might result if individuals
failed to fulfill their duties as citizens?
Reading Skills
Understanding Summarizing Use the Reading Skills
taught in this chapter to answer the question about the
reading selection below.
Freedom of speech does not mean that people
can say anything they want to, however. The
Constitution does not protect slander—false
statements meant to damage someone’s
reputation. Libel, or intentionally writing a lie
that harms another person, is not protected,
either. (p. 179)
9. Which of the following is a good summary of
the selection?
a. Freedom of speech does not protect everything.
b. Slander is a false statement meant to damage
someone’s reputation.
Reviewing Themes
10. Politics What important ideas has the U.S.
Constitution contributed to government?
11. Politics Why is active political participation
an important responsibility for people in the
United States?
Social Studies Skills
Determining the Context of Statements Use the
Social Studies Skills taught in this chapter to answer the
questions about the quotation below.
What political power could ever carry on the vast
multitude [large number] of lesser undertakings which
the American citizens perform every day, with the
assistance of the principle of association [joining a
group]? Nothing, in my opinion, is more deserving of
our attention than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
12. De Tocqueville wrote this about his trip to the
United States in 1831. What is his main idea?
a. Governments can fill every need of citizens.
b. American organizations cannot accomplish much.
c. American organizations get too much attention.
d. American organizations fill important needs of
citizens that government cannot.
13. Do you think that de Tocqueville’s statement
accurately describes modern America? Why or
why not?
FOCUS ON WRITING
14. Creating a Pamphlet You have gathered infor-
mation about the Constitution, Bill of Rights,
and citizenship. Use that information to cre-
ate your pamphlet. On the first page, write a
title and a phrase that will get your audience’s
attention. On each of the following pages, you
can use this format: (1) a heading and sentence
at the top of the page identifying the topic of
the page, and (2) the list of the most important
points for that topic. Remember that page 2
is on the Constitution, page 3 is on the Bill of
Rights, and page 4 is on citizenship.
HSS
8.2.6, 8.3.7
HSS
8.2.6
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-49
CITIZENSHIP AND THE CONSTITUTION 191
DIRECTIONS: Read each question and write the
letter of the best response.
!
What a president says and thinks is not
worth fi ve cents unless he has the people
and Congress behind him. Without Con-
gress, I’m just a six-feet-four Texan. With
Congress, I’m President of the United
States in the fullest sense.
— President Lyndon Johnson
What point about government was President
Johnson making in this remark?
A The president should be directly elected by the
people.
B Congress should not have any ability to control
the president.
C The president needs the support of Congress to
be effective.
D Congress and the president should share some
powers.
@
Which of the following rights is not protected
in the Bill of Rights?
A the right to bear arms
B the right to public education
C the right to jury trials
D the right to free speech
#
The right of every American to be a member
of a political party is an example of
A the principle of dual sovereignty.
B the First Amendment right to freedom of
assembly.
C the principle of majority rule.
D the Fifth Amendment right to due process
of law.
$
Which of the following is not a duty of
citizenship?
A becoming informed about important issues
B volunteering to work with a community-service
group
C serving on a jury
D speaking English
%
The right to freedom of the press would not
protect a newspaper that
A knowingly spread harmful lies about someone.
B criticized an elected government offi cial.
C deliberately encouraged people to peacefully
protest a law.
D opposed the government in time of war.
Connecting with Past Learning
^
One of the principles built into the Constitu-
tion is that there should be checks on the
power of government leaders. This idea is
based on what earlier statement or docu-
ment that you learned about in Grade 7?
A Ninety-fi ve Theses
B Declaration of the Rights of Man
C Four Noble Truths
D Magna Carta
&
The legal rights and protections contained in
the Bill of Rights are based on rights earlier
granted to people in
A France.
B England.
C China.
D Japan.
Standards Assessment
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF
1787
5
140 CHAPTER 5
1788
The Constitution goes
into effect after New
Hampshire becomes the
ninth state to ratify it.
1791 The Bill of
Rights becomes part
of the Constitution on
December 15.
18 0 0
CHAPTER
1787PRESENT
Citizenship and
Citizenship and
the Constitution
the Constitution
A Pamphlet Everyone in the United States benefits from our
Constitution. However, many people don’t know the Constitu-
tion as well as they should. In this chapter you will read about
the Constitution and the rights and responsibilities it grants to
citizens. Then you’ll create a four-page pamphlet to share this
information with your fellow citizens.
FOCUS ON WRITING
History–Social Science
8.2 Students analyze the political principles underlying the U.S.
Constitution and compare the enumerated and implied powers of
the federal government.
8.3 Students understand the foundation of the American political
system and the ways in which citizens participate in it.
Analysis Skills
HR 5 Determining the content of statements
English–Language Arts
Writing 2.5.a Present information purposefully and succinctly
and meet the needs of the intended audience.
Reading 8.2.4 Compare the original text to a summary to determine
whether the summary accurately captures the main ideas, includes
critical details, and conveys the underlying meaning.
California Standards
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Download
1954 In Brown v. Board of
Education, the Supreme Court
declares segregation in public
schools to be unconstitutional.
1971
The Twenty-sixth Amend-
ment is ratified, giving the
right to vote to all U.S.
citizens 18 years or older.
1990
The Americans
with Disabilities
Act is passed.
1920
The Nineteenth
Amendment gives all
American women the
right to vote.
1942
The Fair Employ-
ment Act bans
discrimination in
the workplace.
19 50 19 7 0 199 0
In this chapter you will learn about the U.S.
Constitution, the Bill of Rights, and what it
means to be an American citizen. Young citizens
like the ones pictured here must be informed in
order to fulfill the rights and responsibilities
of citizenship.
HOLT
History’s Impact
video series
Watch the video to under-
stand the impact of the
Bill of Rights.
What You Will Learn…
CITIZENSHIP AND THE CONSTITUTION 141
193 0
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution PDF Download
142 CHAPTER 00142 CHAPTER 5
Religion
Society
and Culture
Science and
Technology
Reading Social Studies
Focus on Themes In this chapter, you will
read about the three branches of government,
the Bill of Rights, and the duties and responsibilities
of a United States citizen. As you read about
each of these topics, you will see the American
political system at work—not only in the Bill of
Rights, but through the responsibilities U.S. citizens
have as they vote for leaders and work to help
their communities and nation.
Geography
Politics
Economics
Religion
Focus on Reading History books are full of information.
Sometimes the sheer amount of information they contain can make
processing what you read diffi cult. In those cases, in may be helpful to
stop for a moment and summarize what you’ve read.
Writing a Summary A summary is a short restatement of the most
important ideas in a text. The example below shows three steps used in
writing a summary. First underline important details. Then write a short
summary of each paragraph. Finally, combine these paragraph summa-
ries into a short summary of the whole passage.
Additional reading
support can be
found in the
The Constitution
Article II, Section 1
1. The executive Power shall be vested in a
President of the United States of America.
He shall hold his Offi ce during the Term
of four Years, and, together with the Vice
President, chosen for the same Term, be
elected, as follows:
2. Each State shall appoint, in such Manner as
the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of
Senators and Representatives to which the
State may be entitled in the Congress; but no
Senator or Representative, or Person holding
an Offi ce of Trust or Profi t under the United
States, shall be appointed an Elector.
Summary of Paragraph 1
The executive branch is headed by a
president and vice president, each elected
for four-year terms.
Summary of Paragraph 2
The electors who choose the president and
vice president are appointed. Each state has
the same number of electors as it has mem-
bers of Congress.
Combined Summary
The president and vice president who run
the executive branch are elected every four
years by state-appointed electors.
Summarizing Historical Texts
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-1
SECTION TITLE 143CITIZENSHIP AND THE CONSTITUTION 143
Key Terms
Key Terms
and People
and People
You Try It!
The following passage is from the U.S. Constitution. As you read it,
decide which facts you would include in a summary of the passage.
The Constitution
Article I, Section 2
1. The House of Representatives shall be composed of
Members chosen every second Year by the People of
the several States, and the Electors in each State shall
have the Qualifi cations requisite for Electors of the most
numerous branch of the State Legislature.
2. No person shall be a Representative who shall not
have attained to the Age of twenty fi ve years, and been
seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of the State in which
he shall be chosen.
After you read the passage, answer the following questions.
1. Which of the following statements best summarizes the fi rst
paragraph of this passage?
a. Congress has a House of Representatives.
b. Members of the House of Representatives are elected every
two years by state electors.
2. Using the steps described on the previous page, write a summary
of the second paragraph of this passage.
3. Combine the summary statement you chose in Question 1 with
the summary statement you wrote in Question 2 to create a
single summary of this entire passage.
Chapter 5
Section 1
federal system (p. 144)
impeach (p. 146)
veto (p. 146)
executive orders (p. 147)
pardons (p. 147)
Thurgood Marshall (p. 148)
Sandra Day O’Connor (p. 148)
Section 2
James Madison (p. 178)
majority rule (p. 178)
petition (p. 179)
search warrant (p. 180)
due process (p. 180)
indict (p. 180)
double jeopardy (p. 180)
eminent domain (p. 180)
Section 3
naturalized citizens (p. 184)
deport (p. 184)
draft (p. 185)
political action committees
(p. 186)
interest groups (p. 186)
Academic Vocabulary
Success in school is related to
knowing academic vocabulary—
the words that are frequently used
in school as-signments and discus-
sions. In this chapter, you will learn
the following academic words:
distinct (p. 145)
influence (p. 186)
As you read Chapter 5, think about what
details you would include in a summary
of each paragraph.
ELA
Reading 8.2.4 Compare the original text to a summary.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-2
144 CHAPTER 5
SECTION
1
Key Terms and People
federal system, p. 144
impeach, p. 146
veto, p. 146
executive orders, p. 147
pardons, p. 147
Thurgood Marshall, p. 148
Sandra Day O’Connor, p. 148
What You Will Learn…
The U.S. Constitution balances
the powers of the federal gov-
ernment among the legislative,
executive, and judicial branches.
The Big Idea
1. The framers of the Consti-
tution devised the federal
system.
2. The legislative branch makes
the nation’s laws.
3. The executive branch en-
forces the nation’s laws.
4. The judicial branch deter-
mines whether or not laws
are constitutional.
Main Ideas
You have just been elected to the U.S. House of Representatives.
You know that committees do much of the work in Congress. They
deal with many different fi elds such as foreign policy, agriculture,
national security, science, and education. You would like to ask for a
spot on a committee whose work interests you.
Which committee would you ask to serve on?
BUILDING BACKGROUND When the framers of the Constitution
met in Philadelphia in 1787, they created a national government with
three branches that balance one another’s powers.
The Federal System
The framers of the Constitution wanted to create a government
powerful enough to protect the rights of citizens and defend the
country against its enemies. To do so, they set up a
federal system
federal system
of government, a system that divided powers between the states
of government, a system that divided powers between the states
and the federal government.
and the federal government.
The Constitution assigns certain powers to the national govern-
ment. These are called delegated powers. Among them are the rights
to coin money and to regulate trade. Reserved powers are those kept
by the states. These powers include creating local governments and
holding elections. Concurrent powers are those shared by the federal
and state governments. They include taxing, borrowing money, and
enforcing laws.
Sometimes, Congress has had to stretch its delegated powers to
deal with new or unexpected issues. A clause in the Constitution
states that Congress may “make all Laws which shall be necessary
and proper” for carrying out its duties. This clause, called the elastic
clause—because it can be stretched (like elastic)—provides fl exibility
for the government.
READING CHECK
Summarizing How is power divided between the
federal and state governments?
If YOU were there...
Understanding
the Constitution
HSS
8.2.6
Enumerate the powers of
government set forth in the Constitution
and the fundamental liberties ensured
by the Bill of Rights.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-3
Legislative Branch
The federal government has three branches,
each with distinct responsibilities and powers.
This separation balances the branches and
keeps any one of them from growing too
powerful. The fi rst branch of government is
the legislative branch, or Congress. It makes
the nation’s laws. Article I of the Constitution
divides Congress into the House of Represen-
tatives and the Senate.
With 435 members, the House of Repre-
sentatives is the larger congressional house.
The U.S. Census, a population count made
every 10 years, determines how many mem-
bers represent each state. A system called
apportionment keeps total membership at
435. If one state gains a member, another
state loses one. Members must be at least 25
years old, live in the state where they were
elected, and have been U.S. citizens for seven
years. They serve two-year terms.
The Senate has two members, or senators,
per state. Senators represent the interests of
the whole state, not just a district. They must
be at least 30 years old, have been U.S. citizens
for nine years, and live in the state they rep-
resent. They serve six-year terms. The senior
senator of a state is the one who has served
the longer of the two. Members of Congress
can serve an unlimited number of terms.
The political party with more members
in each house is the majority party. The one
with fewer members is the minority party.
The leader of the House of Representatives,
or Speaker of the House, is elected by House
members from the majority party.
The U.S. vice president serves as presi-
dent of the Senate. He takes no part in Sen-
ate debates but can vote to break ties. If he is
absent, the president pro tempore (pro tem
for short) leads the Senate. There is no law
for how the Senate must choose this position,
but it traditionally goes to the majority par-
ty’s senator who has served the longest.
Congress begins sessions, or meetings,
each year in the fi rst week of January. Both
houses do most of their work in commit-
tees. Each committee studies certain types of
bills, or suggested laws. For example, all bills
about taxes begin in the House Ways and
Means Committee.
READING CHECK
Comparing and Contrasting
What are the similarities in requirements for
members of the House of Representatives and the
Senate? What are the differences?
U.S. Constitution
Separation of Powers
Legislative Branch
(Congress)
Executive Branch
(President)
Judicial Branch
(Supreme Court)
Writes the laws
• Confirms presidential
appointments
• Approves treaties
• Grants money
• Declares war
• Proposes laws
• Administers the laws
• Commands armed forces
• Appoints ambassadors
and other officials
• Conducts foreign policy
• Makes treaties
• Interprets the Constitution
and other laws
Reviews lower-court decisions
CITIZENSHIP AND THE CONSTITUTION
145
ACADEMIC
VOCABULARY
distinct
separate
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-4
Checks and Balances
Executive Branch
Article II of the Constitution lists the powers
of the executive branch. This branch enforces
the laws passed by Congress.
President and Vice President
As head of the executive branch, the presi-
dent is the most powerful elected leader in the
United States. To qualify for the presidency
or vice presidency, one must be a native-born
U.S. citizen at least 35 years old. The presi-
dent must also have been a U.S. resident for
14 years.
Americans elect a president and vice presi-
dent every four years. Franklin D. Roosevelt,
who won four times, was the only president
to serve more than two terms. Now, the
Twenty-second Amendment limits presidents
to two terms. If a president dies, resigns, or
is removed from offi ce, the vice president
becomes president for the rest of the term.
The House of Representatives can
impeach
impeach
, or vote to bring charges of serious
, or vote to bring charges of serious
crimes against, a president.
crimes against, a president. Impeachment
cases are tried in the Senate. If a president
is found guilty, Congress can remove him
from office. In 1868 Andrew Johnson
was the fi rst president to be impeached.
President Bill Clinton was impeached in
1998. However, the Senate found each man
not guilty.
Working with Congress
The president and Congress are often on dif-
ferent sides of an issue. However, they must
still work together.
Congress passes laws. The president,
however, can ask Congress to pass or reject
bills. The president also can
veto
veto
, or cancel
, or cancel,
laws Congress has passed. Congress can try
to override, or undo, the veto. However,
this is diffi cult since it takes a two-thirds
146 CHAPTER 5146 CHAPTER 5
Executive Branch (President)
Checks on:
Legislative Branch
May adjourn Congress in certain situations
• May veto bills
Judicial Branch
• Appoints judges
Judicial Branch (Supreme Court)
Checks on:
Executive Branch
May declare executive actions unconstitutional
Legislative Branch
May declare laws unconstitutional
Legislative Branch (Congress)
Checks on:
Executive Branch
• May reject appointments
• May reject treaties
May withhold funding for presidential initiatives
• May impeach president
May override a veto
Judicial Branch
May propose constitutional amendments
to overrule judicial decisions
May impeach Supreme Court justices
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-5
Judicial Branch
The third branch of government, the judi-
cial branch, is made up of a system of federal
courts headed by the U.S. Supreme Court.
The Constitution created the Supreme Court,
but the Judiciary Act of 1789 created the sys-
tem of lower district and circuit courts.
Article III generally outlines the courts’
duties. Federal courts can strike down a state
or federal law if the court fi nds a law uncon-
stitutional. Congress can then try to revise
the law to make it constitutional.
District Courts
The president makes appointments to federal
courts. In an effort to keep federal judges free
of party infl uence, the judges are given life
appointments. The lower federal courts are
divided according to cases over which they
have jurisdiction, or authority. Each state has
at least one of the 94 district courts.
In 2002 the new
Department of
Homeland
Security was
given cabinet-
level status to
protect against
terrorism.
THE IMPACT
TODAY
Background of the Court
The rest of the Supreme Court
Decisions you see in this book will
highlight important cases of the
Court. But in this first one, we’ll
discuss the history of the Court.
The first Supreme Court met in
1790 at the Royal Exchange in New
York City. The ground floor of this
building was an open-air market.
When the national government
moved to Philadelphia, the Court
met in basement rooms in Inde-
pendence Hall. Once in Washing-
ton, the Court heard cases in the
Capitol building until the present
Supreme Court building was com-
pleted in 1932.
Circuit Riding
Today the Supreme Court holds court
only in Washington, D.C. In the past,
however, the justices had to travel
through assigned circuits, hearing cases
together with a district judge in a prac-
tice known as riding circuit.
The justices complained bitterly
about the inconvenience of travel, which
was often over unpaved roads and in
bad weather. This system was not just
inconvenient to the justices, however.
Some people worried about the fairness
of a system that required justices who
had heard cases at trial to rule on them
again on appeal. Other people, however,
thought that the practice helped keep
the justices in touch with the needs and
feelings of the average citizen. Eventually,
circuit riding interfered so much with
the increased amount of business of the
Supreme Court that Congress passed a
law ending the practice in the late 1800s.
Path to the Supreme Court
When a case is decided by a state or
federal court, the losing side may have
a chance to appeal the decision to a
higher court. Under the federal system,
this higher court is called the court of
appeals. A person who loses in that
court may then appeal to the Supreme
Court to review the case. But the
Supreme Court does not have to accept
all appeals. It usually chooses to hear
only cases in which there is an impor-
tant legal principle to be decided or if
two federal courts of appeals disagree
on how an issue should be decided.
ANALYZING INFORMATION
1. What are two reasons why the practice of circuit riding ended?
2. Why do you think the Supreme Court does not hear every case
that is appealed to it?
ANALYSIS
SKILL
majority vote. To carry out laws affecting
the Constitution, treaties, and statutes, the
president issues
executive orders
executive orders.
These
These
commands have the power of law.
commands have the power of law. The
president also may grant
pardons
pardons
, or free-
, or free-
dom from punishment,
dom from punishment, to persons convicted
of federal crimes or facing criminal charges.
The president also commands the armed
forces. In emergencies, the president can call
on U.S. troops. Only Congress, however, can
declare war. Other executive duties include
conducting foreign relations and creating
treaties. Executive departments do most of
the executive branch work. As of 2004 there
were 15 such departments. The president
chooses department heads, who are called
secretaries, and the Senate approves them.
The heads make up the cabinet, which
advises the president.
READING CHECK
Drawing Conclusions
What is the president’s most important power?
CITIZENSHIP AND THE CONSTITUTION 147CITIZENSHIP AND THE CONSTITUTION 147
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-6
Section 1 Assessment
Reviewing Ideas, Terms,
and People
1. a. Describe What type of government did the
Constitution establish for the United States?
b. Contrast What is the difference between
delegated, reserved, and concurrent powers?
2. a. Recall What role does the vice president serve
in the legislative branch?
b. Compare and Contrast In what ways are the
Senate and the House of Representatives similar
and different?
c. Elaborate Why do you think the requirements
for serving in the Senate are stricter than those for
serving in the House of Representatives?
3. a. Describe What powers are granted to the
president?
b. Make Generalizations Why is it important that
the president and Congress work together?
c. Evaluate What do you think is the most
important power granted to the president? Why?
4. a. Explain What is the main power of the judicial
branch?
b. Evaluate Which branch of government do you
feel is most important? Explain your answer.
Critical Thinking
5. Categorizing Copy the web diagram below. Use
it to identify the separation of powers that exists
between the branches of the federal government.
FOCUS ON WRITING
6. Gathering Information about the Constitution
Look back through what you’ve just read about the
Constitution. Make a list of four or fi ve of the most
important features of the Constitution. You’ll put
that list on the second page of your pamphlet.
KEYWORD: SS8 HP5
Online Quiz
Courts of Appeals
If someone convicted of a crime believes the
trial was unfair, he or she may take the case
to the court of appeals. There are 13 courts of
appeals. Each has a panel of judges to decide
if cases heard in the lower courts were tried
appropriately. If the judges uphold, or accept,
the original decision, the original outcome
stands. Otherwise, the case may be retried in
the lower court.
Supreme Court
After a case is decided by the court of appeals,
the losing side may appeal the decision to
the Supreme Court. Thousands of cases go
to the Supreme Court yearly in the hope of
a hearing, but the Court has time to hear
only about 100. Generally, the cases heard
involve important constitutional or public-
interest issues. If the Court declines to hear
a case, the court of appeals decision is fi nal.
Nine justices sit on the Supreme Court.
The chief justice of the United States leads the
Court. Unlike the president and members of
Congress, there are no specifi c constitutional
requirements to become a justice.
In recent decades, the Supreme Court
has become more diverse. In 1967 Thurgood
Marshall became the fi rst African American
justice. Sandra Day O’Connor became the fi rst
female Court justice after her 1981 appoint-
ment by President Ronald Reagan.
READING CHECK
Summarizing Describe the
structure and responsibilities of the judicial branch.
SUMMARY AND PREVIEW In this section
you learned about the balance between the
different branches of the federal govern-
ment. In the next section you will learn
about the Bill of Rights.
148 CHAPTER 5
Supreme Court
rulings can have
dramatic effects
on the nation, as
in Bush v. Gore,
which decided
the outcome of
the 2000 presi-
dential election.
THE IMPACT
TODAY
148 CHAPTER 5
FOCUS ON
READING
Jot down a short
summary of the
appeals process
after reading this
paragraph.
Judicial
Legislative
Executive
Separation
of Powers
HSS
8.2.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-7
KEY EVENTS
CITIZENSHIP AND THE CONSTITUTION 149CITIZENSHIP AND THE CONSTITUTION 149
James Madison was
an important force
in the writing of the
Constitution.
BIOGRAPHY
1780
Madison serves in the
Continental Congress.
1787
Madison keeps a writ-
ten record of the Con-
stitutional Convention.
1787–1788
Madison helps write
the Federalist Papers,
urging support for the
Constitution.
1801–1809
Madison serves as
secretary of state
under President
Thomas Jefferson.
1809–1817
Madison serves two
terms as president.
KEY EVENTS
James Madison
What would you do to create a
brand-new government?
When did he live? 1751–1836
Where did he live? Like several of the founding fathers, James Madison
was a Virginian. He grew up in the town of Montpelier, and he kept a home
there for his whole life.
What did he do? Through the persuasive power of his writing, Madison
helped create the foundations of the U.S. government.
Why is he important? Madison is known as the Father of the Constitution.
A brilliant thinker, he provided many of the basic ideas in the Constitution. He
argued tirelessly for a strong national government, for sepa-
rate branches of government, and for rights such as free-
dom of religion. He then rallied support for adoption of
the Constitution and the Bill of Rights. In 1809 Madi-
son became the fourth president of the United States.
As president, he led the country through another war
with Britain, the War of 1812. He and his wife, Dolley,
were forced to fl ee Washington temporarily when
the British invaded the capital and set fi re to the
White House.
Summarizing Why is Madison known as the Father of
the Constitution?
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150 CHAPTER 5
The Constitution
of the United States
e the People of the United
States, in Order to form
a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain
and establish this Constitution
for the United States of America.
Note: The parts of the Constitution that have been lined through are
no longer in force or no longer apply because of later amendments. The
titles of the sections and articles are added for easier reference.
W
Preamble
The short and dignified preamble explains the goals of the new
government under the Constitution.
150 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 151
Article I The Legislature
Section 1.
Congress
All legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.
Section 2.
The House of Representatives
1. Elections
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States, and the Elec-
tors in each State shall have the Qualifi cations requisite for Electors of the
most numerous Branch of the State Legislature.
2. Qualifi cations
No Person shall be a Representative who shall not have
attained to the Age of twenty fi ve Years, and been seven Years a Citizen of
the United States, and who shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
3. Number of Representatives
Representatives and direct Taxes shall be
apportioned among the several States which may be included within this
Union, according to their respective Numbers, which shall be determined
by adding to the whole Number of free Persons, including
those bound
those bound
to Service
to Service
1
for a Term of Years, and excluding Indians not taxed, three
fths of
all other Persons
all other Persons.
2
The actual
Enumeration
Enumeration
3
shall be made within
three Years after the fi rst Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such Manner as they shall by
Law direct. The Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New Hampshire shall
be entitled to choose three, Massachusetts eight, Rhode-Island and Provi-
dence Plantations one, Connecticut fi ve, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Caro-
lina fi ve, South Carolina fi ve, and Georgia three.
4. Vacancies
When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election to fi ll
such Vacancies.
5. Offi cers and Impeachment
The House of Representatives shall choose
their Speaker and other Offi cers; and shall have the sole Power of
impeachment.
Legislative Branch
Article I explains how the
legislative branch, called
Congress, is organized.
The chief purpose of the
legislative branch is to make
laws. Congress is made up of
the Senate and the House of
Representatives.
The House of
Representatives
The number of members
each state has in the House
is based on the population of
the individual state. In 1929
Congress permanently fixed
the size of the House at 435
members.
CITIZENSHIP AND THE CONSTITUTION
151
Vocabulary
1
those bound to Service
indentured servants
2
all other Persons slaves
3
Enumeration census or
official population count
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Vocabulary
4
pro tempore temporarily
5
Impeachments official
accusations of federal
wrongdoing
152 CHAPTER 5
Section 3.
The Senate
1. Number of Senators
The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature thereof,
for six
Years; and each Senator shall have one Vote.
2. Classifying Terms
Immediately after they shall be assembled in Conse-
quence of the fi rst Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the fi rst Class shall be vacated at
the Expiration of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fi ll such Vacancies.
3. Qualifi cations
No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State for
which he shall be chosen.
4. Role of Vice-President
The Vice President of the United States shall be Presi-
dent of the Senate, but shall have no Vote, unless they be equally divided.
5. Offi cers
The Senate shall choose their other Offi cers, and also a Presi-
dent
pro tempore
pro tempore,
4
in the Absence of the Vice President, or when he shall
exercise the Offi ce of President of the United States.
6. Impeachment Trials
The Senate shall have the sole Power to try all
Impeachments
Impeachments.
5
When sitting for that Purpose, they shall be on Oath
or Affi rmation. When the President of the United States is tried, the
Chief Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
7. Punishment for Impeachment
Judgment in Cases of Impeachment shall
not extend further than to removal from Offi ce, and disqualifi cation to hold
and enjoy any Offi ce of honor, Trust or Profi t under the United States: but
the Party convicted shall nevertheless be liable and subject to Indictment,
Trial, Judgment and Punishment, according to Law.
The Vice President
The only duty that the
Constitution assigns to
the vice president is to
preside over meetings of the
Senate. Modern presidents
have usually given their
vice presidents more
responsibilities.
Federal Office Terms and Requirements
152 CHAPTER 5
If the
House of
Representatives charges
a government official with
wrongdoing, the Senate
acts as a court to decide if
the official is guilty.
How does the power of
impeachment represent part
of the system of checks and
balances?
Position Term Minimum Age Residency Citizenship
President
4 years 35 14 years in the U.S. natural-born
Vice President
4 years 35 14 years in the U.S. natural-born
Supreme Court
Justice
unlimited none none none
Senator
6 years 30 state in which elected 9 years
Representative
2 years 25 state in which elected 7 years
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Vocabulary
6
Quorum the minimum
number of people needed to
conduct business
7
adjourn to stop indefinitely
8
Emoluments salary
9
Continuance term
CITIZENSHIP AND THE CONSTITUTION
153
Section 4.
Congressional Elections
1. Regulations
The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by the Legis-
lature thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
2. Sessions
The Congress shall assemble at least once in every Year, and
such Meeting shall be on the fi rst Monday in December, unless they shall
by Law appoint a different Day.
Section 5.
Rules/Procedures
1. Quorum
Each House shall be the Judge of the Elections, Returns and
Qualifi cations of its own Members, and a Majority of each shall constitute
a
Quorum
Quorum
6
to do Business; but a smaller Number may
adjourn
adjourn
7
from day to
day, and may be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House may provide.
2. Rules and Conduct
Each House may determine the Rules of its Proceed-
ings, punish its Members for disorderly Behaviour, and, with the Concur-
rence of two thirds, expel a Member.
3. Records
Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their Judg-
ment require Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fi fth of those Present, be
entered on the Journal.
4. Adjournment
Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three days, nor to
any other Place than that in which the two Houses shall be sitting.
Section 6.
Payment
1. Salary
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of the Treasury
of the United States. They shall in all Cases, except Treason, Felony and
Breach of the Peace, be privileged from Arrest during their Attendance at
the Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
2. Restrictions
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Offi ce under the Authority
of the United States, which shall have been created, or the
Emoluments
Emoluments
8
whereof shall have been increased during such time; and no Person hold-
ing any Offi ce under the United States, shall be a Member of either House
during his
Continuance
Continuance
9
in Offi ce.
CITIZENSHIP AND THE CONSTITUTION 153
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Vocabulary
10
Bills proposed laws
154 CHAPTER 5
Section 7.
How a Bill Becomes a Law
1. Tax Bills
All
Bills
Bills
10
for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on other Bills.
2. Lawmaking
Every Bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it become a Law, be presented to
the President of the United States: If he approve he shall sign it, but if not
he shall return it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two thirds of that
House shall agree to pass the Bill, it shall be sent, together with the Objec-
tions, to the other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and Nays, and
the Names of the Persons voting for and against the Bill shall be entered
on the Journal of each House respectively. If any Bill shall not be returned
by the President within ten Days (Sundays excepted) after it shall have
been presented to him, the Same shall be a Law, in like Manner as if he had
signed it, unless the Congress by their Adjournment prevent its Return, in
which Case it shall not be a Law.
3. Role of the President
Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be neces-
sary (except on a question of Adjournment) shall be presented to the Presi-
dent of the United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by two
thirds of the Senate and House of Representatives, according to the Rules
and Limitations prescribed in the Case of a Bill.
154 CHAPTER 5
How a Bill Becomes a Law
1 A member of the
House or the Senate
introduces a bill and
refers it to a committee.
2 The House or Senate
Committee may approve,
rewrite, or kill the bill.
3 The House or the Senate
debates and votes on its ver-
sion of the bill.
4 House and Senate con-
ference committee members
work out the differences
between the two versions.
5 Both houses of Congress
pass the revised bill.
The veto
power of the
president is one of the important
checks and balances in the
Constitution. Why do you
think the framers included the
ability of Congress to override
a veto?
The framers
felt that
because members of the
House are elected every two
years, representatives would
listen to the public and seek
its approval before passing
taxes. How does Section 7
address the colonial demand
of “no taxation without
representation”?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-13
CITIZENSHIP AND THE CONSTITUTION 155
Section 8.
Powers Granted to Congress
1. Taxation
The Congress shall have Power
To lay and collect Taxes,
Duties
Duties,
11
Imposts
Imposts
12
and
Excises
Excises,
13
to pay the Debts and provide
for the common Defense and general Welfare
of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the
United States;
2. Credit
To borrow Money on the credit
of the United States;
3. Commerce
To regulate Commerce with
foreign Nations, and among the several
States, and with the Indian Tribes;
4. Naturalization and Bankruptcy
To establish an uniform
Rule of
Rule of
Naturalization
Naturalization,
14
and uniform Laws on the subject of Bankruptcies
throughout the United States;
5. Money
To coin Money, regulate the Value thereof, and of foreign Coin,
and fi x the Standard of Weights and Measures;
6. Counterfeiting
To provide for the Punishment of counterfeiting the
Securities
15
and current Coin of the United States;
7. Post Offi ce
To establish Post Offi ces and post Roads;
8. Patents and Copyrights
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
9. Courts
To constitute Tribunals inferior to the supreme Court;
10. International Law
To defi ne and punish Piracies and Felonies com-
mitted on the high Seas, and Offences against the Law of Nations;
CITIZENSHIP AND THE CONSTITUTION 155
Native Americans and the
Commerce Clause
The commerce clause gives Congress the power to “regulate Com-
merce with . . . the Indian Tribes.” The clause has been interpreted to
mean that the states cannot tax or interfere with businesses on Indian
reservations, but that the federal government can. It recognized
American Indian nations had their own governments and laws. These
laws, however, can be challenged in federal court. Although reserva-
tion land usually belongs to the Indian tribes and they govern it them-
selves, the U.S. government reserves certain administrative rights.
Drawing Conclusions How would you describe the status of
American Indian nations under the commerce clause?
LINKING
T
O
DAY
TO
ANALYZING INFORMATION
Why do you think the framers created this
complex system for adopting laws?
ANALYSIS
SKILL
6 The president signs or
vetoes the bill.
Two-thirds majority
vote of Congress is needed
to approve a vetoed bill. Bill
becomes a law.
7
Vocabulary
11
Duties tariffs
12
Imposts taxes
13
Excises internal taxes on
the manufacture, sale, or
consumption of a commodity
14
Rule of Naturalization
a law by which a foreign-born
person becomes a citizen
15
Securities bonds
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-14
Vocabulary
16
Letters of Marque and
Reprisal documents issued
by governments allowing
merchant ships to arm
themselves and attack ships
of an enemy nation
156 CHAPTER 5
11. War
To declare War, grant
Letters of Marque and Reprisal
Letters of Marque and Reprisal,
16
and
make Rules concerning Captures on Land and Water;
12. Army
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
13. Navy
To provide and maintain a Navy;
14. Regulation of the Military
To make Rules for the Government and
Regulation of the land and naval Forces;
15. Militia
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
16. Regulation of the Militia
To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to the States respec-
tively, the Appointment of the Offi cers, and the Authority of training the
Militia according to the discipline prescribed by Congress;
17. District of Columbia
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, become the
Seat of the Government of the United States, and to exercise like Author-
ity over all Places purchased by the Consent of the Legislature of the State
in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;—And
18. Necessary and Proper Clause
To make all Laws which shall be neces-
sary and proper for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government of the United
States, or in any Department or Offi cer thereof.
Section 9.
Powers Denied Congress
1. Slave Trade
The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Elastic Clause
The framers of the
Constitution wanted a
national government that
was strong enough to be
effective. This section
lists the powers given to
Congress. The last portion
of Section 8 contains the
so-called elastic clause.
The elastic clause has been
stretched (like elastic) to allow
Congress to meet changing
circumstances.
156 CHAPTER 5
The Elastic Clause
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-15
Vocabulary
17
Writ of Habeas Corpus
a court order that requires
the government to bring a
prisoner to court and explain
why he or she is being held
18
Bill of Attainder a law
declaring that a person is
guilty of a particular crime
19
ex post facto Law a law
that is made effective prior to
the date that it was passed
and therefore punishes
people for acts that were not
illegal at the time
20
Capitation a direct uniform
tax imposed on each head,
or person
Although
Congress
has implied powers, there
are also limits to its powers.
Section 9 lists powers that
are denied to the federal
government. Several of the
clauses protect the people of
the United States from unjust
treatment. In what ways
does the Constitution limit
the powers of the federal
government?
CITIZENSHIP AND THE CONSTITUTION 157
2. Habeas Corpus
The Privilege of the
Writ of Habeas Corpus
Writ of Habeas Corpus
17
shall not
be suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
3. Illegal Punishment
No
Bill of
Bill of
Attainder
Attainder
18
or
ex
ex
post facto
post facto
Law
Law
19
shall
be passed.
4. Direct Taxes
No
Capitation
Capitation,
20
or other direct, Tax shall be laid, unless in
Proportion to the Census or enumeration herein before directed to be taken.
5. Export Taxes
No Tax or Duty shall be laid on Articles exported from
any State.
6. No Favorites
No Preference shall be given by any Regulation of Com-
merce or Revenue to the Ports of one State over those of another; nor shall
Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties
in another.
7. Public Money
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money shall be pub-
lished from time to time.
8. Titles of Nobility
No Title of Nobility shall be granted by the United
States: And no Person holding any Offi ce of Profi t or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Offi ce, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10.
Powers Denied the States
1. Restrictions
No State shall enter into any Treaty, Alliance, or Confed-
eration; grant Letters of Marque and Reprisal; coin Money; emit Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
2. Import and Export Taxes
No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or Exports,
shall be for the Use of the Treasury of the United States; and all such Laws
shall be subject to the Revision and Control of the Congress.
3. Peacetime and War Restraints
No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such immi-
nent Danger as will not admit of delay.
CITIZENSHIP AND THE CONSTITUTION 157
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13
4
31
5
8
27
20
11
17
9
6
9
55
TX 34
N
E
5
SD 3
AK 3
HI 4
DE 3
MD 10
Washington, D.C. 3
VA
NJ 15
CT 7
RI 4
MA 12
ME
NH 4
VT 3
NY
PA 21
WV
TN 11
NC 15
SC
GA 15
FL
KY 8
OH
IN
MI
IL 21
AL
MS
LA
AR 6
MO 11
IA 7
WI 10
MN 10
OK 7
KS 6
NM 5
CO 9
WY 3
AZ 10
UT 5
MT 3
NV 5
ID 4
CA
OR 7
WA 11
ND 3
Number of Electors11
55
AK 3
HI 4
CA
158 CHAPTER 5
Article II The Executive
Section 1.
The Presidency
1. Terms of Offi ce
The executive Power shall be vested in a President of
the United States of America. He shall hold his Offi ce during the Term
of four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows:
2. Electoral College
Each State shall appoint, in such Manner as the Leg-
islature thereof may direct, a Number of Electors, equal to the whole Num-
ber of Senators and Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or Person holding an Offi ce
of Trust or Profi t under the United States, shall be appointed an Elector.
3. Former Method of Electing President
The Electors shall meet in their
respective States, and vote by Ballot for two Persons, of whom one at least
shall not be an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the Number of Votes
for each; which List they shall sign and certify, and transmit sealed to the
Seat of the Government of the United States, directed to the President of
the Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certifi cates, and the Votes shall
Executive Branch
The president is the chief of the
executive branch. It is the job
of the president to enforce the
laws. The framers wanted the
president’s and vice president’s
terms of office and manner of
selection to be different from
those of members of Congress.
They decided on four-year
terms, but they had a difficult
time agreeing on how to
select the president and vice
president. The framers finally
set up an electoral system,
which varies greatly from our
electoral process today.
Presidential Elections
In 1845 Congress set the
Tuesday following the first
Monday in November of every
fourth year as the general
election date for selecting
presidential electors.
158 CHAPTER 5
The Electoral College
INTERPRETING MAPS
Place What two states have the most electors?
GEOGRAPHY
SKILLS
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CITIZENSHIP AND THE CONSTITUTION 159
then be counted. The Person having the greatest Number of Votes shall be
the President, if such Number be a Majority of the whole Number of Elec-
tors appointed; and if there be more than one who have such Majority, and
have an equal Number of Votes, then the House of Representatives shall
immediately choose by Ballot one of them for President; and if no Person
have a Majority, then from the fi ve highest on the List the said House shall
in like Manner choose the President. But in choosing the President, the
Votes shall be taken by States, the Representation from each State having
one Vote; A quorum for this purpose shall consist of a Member or Mem-
bers from two thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the Choice of the President, the
Person having the greatest Number of Votes of the Electors shall be the Vice
President. But if there should remain two or more who have equal Votes,
the Senate shall choose from them by Ballot the Vice President.
4. Election Day
The Congress may determine the Time of choosing the
Electors, and the Day on which they shall give their Votes; which Day shall
be the same throughout the United States.
5. Qualifi cations
No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitution, shall
be eligible to the Offi ce of President; neither shall any Person be eligible to
that Offi ce who shall not have attained to the Age of thirty fi ve Years, and
been fourteen Years a Resident within the United States.
6. Succession
In Case of the Removal of the President from Offi ce, or of
his Death, Resignation, or Inability to discharge the Powers and Duties of
the said Offi ce, the Same shall devolve on the Vice President, and the Con-
gress may by Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring what Offi cer
shall then act as President, and such Offi cer shall act accordingly, until the
Disability be removed, or a President shall be elected.
7. Salary
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased nor diminished during
the Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or any
of them.
8. Oath of Offi ce
Before he enter on the Execution of his Offi ce, he shall
take the following Oath or Affi rmation:—“I do solemnly swear (or affi rm)
that I will faithfully execute the Offi ce of President of the United States,
and will to the best of my Ability, preserve, protect and defend the Consti-
tution of the United States.”
Presidential Salary
In 1999 Congress voted to set
future presidents’ salaries
at $400,000 per year. The
president also receives an
annual expense account.
The president must pay taxes
only on the salary.
CITIZENSHIP AND THE CONSTITUTION
159
The youngest
elected
president was John F.
Kennedy; he was 43
years old when he was
inaugurated. (Theodore
Roosevelt was 42 when he
assumed office after the
assassination of McKinley.)
What is the minimum
required age for the office of
president?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-18
Vocabulary
21
Reprieves delays of
punishment
22
Pardons releases from the
legal penalties associated
with a crime
160 CHAPTER 5
Section 2.
Powers of Presidency
1. Military Powers
The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Offi cer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offi ces, and he shall have Power to grant
Reprieves
Reprieves
21
and
Pardons
Pardons
22
for
Offences against the United States, except in Cases of Impeachment.
2. Treaties and Appointments
He shall have Power, by and with the
Advice and Consent of the Senate, to make Treaties, provided two thirds of
the Senators present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Offi cers
of the United States, whose Appointments are not herein otherwise pro-
vided for, and which shall be established by Law: but the Congress may by
Law vest the Appointment of such inferior Offi cers, as they think proper, in
the President alone, in the Courts of Law, or in the Heads of Departments.
3. Vacancies
The President shall have Power to fi ll up all Vacancies that
may happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section 3.
Presidential Duties
He shall from time to time give to the Congress Information of the State
of the Union, and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Offi cers of the United States.
Section 4.
Impeachment
The President, Vice President and all civil Offi cers of the United States, shall
be removed from Offi ce on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
Commander in Chief
Today the president is in
charge of the army, navy, air
force, marines, and coast
guard. Only Congress, however,
can decide if the United States
will declare war.
Appointments
Most of the president’s
appointments to office must
be approved by the Senate.
The State of the Union
Every year the president
presents to Congress a State
of the Union message. In
this message, the president
introduces and explains
a legislative plan for the
coming year.
160 CHAPTER 5
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Article III The Judiciary
Section 1.
Federal Courts and Judges
The judicial Power of the United States shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme and inferior Courts,
shall hold their Offi ces during good Behavior, and shall, at stated Times,
receive for their Services a Compensation, which shall not be diminished
during their Continuance in Offi ce.
Section 2.
Authority of the Courts
1. General Authority
The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;—to all
Cases affecting Ambassadors, other public Ministers and Consuls;—to all
Cases of admiralty and maritime Jurisdiction;—to Controversies to which
the United States shall be a Party;—to Controversies between two or more
States —between a State and Citizens of another State;
—between Citizens
of different States;—between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citizens there-
of, and foreign States, Citizens or Subjects.
2. Supreme Authority
In all Cases affecting Ambassadors, other public Min-
isters and Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make.
Judicial Branch
The Articles of Confederation
did not set up a federal
court system. One of the
first points that the framers
of the Constitution agreed
upon was to set up a national
judiciary. In the Judiciary Act
of 1789, Congress provided
for the establishment of
lower courts, such as
district courts, circuit courts
of appeals, and various
other federal courts. The
judicial system provides
a check on the legislative
branch: it can declare a law
unconstitutional.
CITIZENSHIP AND THE CONSTITUTION
161
Federal Judicial System
Supreme Court
Reviews cases appealed from lower
federal courts and highest state courts
Review appeals
from district courts
Hold trials
Courts of Appeals
District Courts
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Vocabulary
23
Corruption of Blood
punishing the family of a
person convicted of treason
162 CHAPTER 5
3. Trial by Jury
The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress may by Law
have directed.
Section 3.
Treason
1. Defi nition
Treason against the United States, shall consist only in levy-
ing War against them, or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless on the Testimony
of two Witnesses to the same overt Act, or on Confession in open Court.
2. Punishment
The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work
Corruption of Blood
Corruption of Blood,
23
or
Forfeiture except during the Life of the Person attainted.
Article IV Relations among States
Section 1.
State Acts and Records
Full Faith and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. And the Congress may by
general Laws prescribe the Manner in which such Acts, Records and Pro-
ceedings shall be proved, and the Effect thereof.
Section 2.
Rights of Citizens
1. Citizenship
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
2. Extradition
A Person charged in any State with Treason, Felony, or oth-
er Crime, who shall fl ee from Justice, and be found in another State, shall
on Demand of the executive Authority of the State from which he fl ed, be
delivered up, to be removed to the State having Jurisdiction of the Crime.
3. Fugitive Slaves
No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence of any Law
or Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.
162 CHAPTER 5
The framers
wanted
to ensure that citizens
could determine how
state governments would
operate. How does the
need to respect the laws
of each state support
the principle of popular
sovereignty?
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CITIZENSHIP AND THE CONSTITUTION 163
Section 3.
New States
1. Admission
New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
2. Congressional Authority
The Congress shall have Power to dispose
of and make all needful Rules and Regulations respecting the Territory or
other Property belonging to the United States; and nothing in this Consti-
tution shall be so construed as to Prejudice any Claims of the United States,
or of any particular State.
Section 4.
Guarantees to the States
The United States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion; and
on Application of the Legislature, or of the Executive (when the Legislature
cannot be convened), against domestic Violence.
The States
States must honor the laws,
records, and court decisions
of other states. A person
cannot escape a legal
obligation by moving from
one state to another.
CITIZENSHIP AND THE CONSTITUTION
163
State
Establish and maintain
schools
Establish local governments
Regulate business within
the state
Make marriage laws
Provide for public safety
Assume other powers not
delegated to the national
government or prohibited
to the states
Federalism
National
Declare war
Maintain armed forces
Regulate interstate and
foreign trade
Admit new states
Establish post offices
Set standard weights
and measures
Coin money
Establish foreign policy
Make all laws necessary and
proper for carrying out delegated
powers
Shared
Maintain law
and order
Levy taxes
Borrow money
Charter banks
Establish courts
Provide for
public welfare
ANALYZING INFORMATION
Why does the power to declare war belong
only to the national government?
ANALYSIS
SKILL
In a republic,
voters elect
representatives to act in
their best interest. How
does Article IV protect the
practice of republicanism in
the United States?
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-22
Article V Amending the Constitution
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States, shall call a Conven-
tion for proposing Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when ratifi ed by the Leg-
islatures of three fourths of the several States, or by Conventions in three
fourths thereof, as the one or the other Mode of Ratifi cation may be pro-
posed by the Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight shall in any Manner
affect the fi rst and fourth Clauses in the Ninth Section of the fi rst Article; and
that no State, without its Consent, shall be deprived of its equal Suffrage in
the Senate.
Article VI
Supremacy of National Government
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution, and the Laws
of the United States which shall
be made in Pursuance there-
of; and all Treaties made, or
which shall be made, under the
Authority of the United States,
shall be the supreme Law of the
Land; and the Judges in every
State shall be bound thereby,
any Thing in the Constitution
or Laws of any State to the Con-
trary notwithstanding.
The Senators and Represen-
tatives before mentioned,
and the Members of the sev-
eral State Legislatures, and all
executive and judicial Offi cers,
both of the United States and
of the several States, shall be
bound by Oath or Affi rmation,
to support this Constitution;
but no religious Test shall ever
be required as a Qualifi cation
to any Offi ce or public Trust
under the United States.
National Supremacy
One of the biggest problems
facing the delegates to the
Constitutional Convention
was the question of what
would happen if a state
law and a federal law
conflicted. Which law would
be followed? Who would
decide? The second clause
of Article VI answers those
questions. When a federal
law and a state law disagree,
the federal law overrides the
state law. The Constitution
and other federal laws are
the “supreme Law of the
Land.” This clause is often
called the supremacy clause.
164 CHAPTER 5
or
or
Ratifi ed by
with a two-thirds
vote in each house
called by Congress
at the request of
two-thirds of the
state legislatures
164 CHAPTER 5
America’s
founders
may not have realized how
long the Constitution would
last, but they did set up a
system for changing or
adding to it. They did not want
to make it easy to change
the Constitution. By what
methods may the Constitution
be amended? Under what
sorts of circumstances do
you think an amendment
might be necessary?
Amending the
U.S. Constitution
Amendments can be proposed by
Congress National
Convention
Legislatures
of three-fourths
of the states
Conventions
in three-fourths
of the states
Amendment is added
to the Constitution.
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CITIZENSHIP AND THE CONSTITUTION 165
Article VII Ratification
The Ratifi cation of the Conventions of nine States, shall be suffi cient for the
Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United States
of America the Twelfth In witness whereof We have hereunto subscribed
our Names,
George Washington—
President and deputy from Virginia
Delaware
George Read
Gunning Bedford Jr.
John Dickinson
Richard Bassett
Jacob Broom
Maryland
James McHenry
Daniel of
St. Thomas Jenifer
Daniel Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
William Blount
Richard Dobbs Spaight
Hugh Williamson
South Carolina
John Rutledge
Charles Cotesworth
Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abraham Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
William Samuel Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
William Livingston
David Brearley
William Paterson
Jonathan Dayton
Pennsylvania
Benjamin Franklin
Thomas Miffl in
Robert Morris
George Clymer
Thomas FitzSimons
Jared Ingersoll
James Wilson
Gouverneur Morris
Attest:
William Jackson,
Secretary
Ratification
The Articles of Confederation
called for all 13 states to
approve any revision to the
Articles. The Constitution
required that 9 out of the
13 states would be needed
to ratify the Constitution.
The first state to ratify was
Delaware, on December
7, 1787. Almost two-and-a-
half years later, on May 29,
1790, Rhode Island became
the last state to ratify the
Constitution.
CITIZENSHIP AND THE CONSTITUTION
165
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166 CHAPTER 5
Constitutional Amendments
Amendments 1–10. The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or pro-
hibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be
quartered
quartered
24
in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no
Warrants
Warrants
25
shall issue, but upon probable cause, supported by Oath
or affi rmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous
infamous
26
crime, unless on a presentment or
indictment
indictment
27
of a Grand Jury, except in
Rights of the Accused
The Fifth, Sixth, and Seventh
Amendments describe the
procedures that courts must
follow when trying people
accused of crimes.
Bill of Rights
One of the conditions set by
several states for ratifying
the Constitution was the
inclusion of a bill of rights.
Many people feared that a
stronger central government
might take away basic
rights of the people that had
been guaranteed in state
constitutions.
Note: The fi rst 10 amendments to the Constitution were ratifi ed on
December 15, 1791, and form what is known as the Bill of Rights.
166 CHAPTER 5
Fundamental Liberties
The First
Amendment
forbids Congress from
making any “law respecting
an establishment of
religion” or restraining the
freedom to practice religion
as one chooses. Why is
freedom of religion an
important right?
Vocabulary
24
quartered housed
25
Warrants written orders
authorizing a person to
make an arrest, a seizure,
or a search
26
infamous disgraceful
27
indictment the act of
charging with a crime
Freedom of SpeechFreedom of Religion
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-25
Vocabulary
28
ascertained found out
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previ-
ously
ascertained
ascertained
28
by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall exceed twen-
ty dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fi nes imposed, nor cruel
and unusual punishments infl icted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be con-
strued to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.
Trials
The Sixth Amendment makes
several guarantees, including
a prompt trial and a trial by
a jury chosen from the state
and district in which the
crime was committed.
Freedom of Assembly
167
Which amendment guarantees these fundamental freedoms?
ANALYSIS
SKILL
Freedom to
Petition the
Government
The Ninth
and Tenth
Amendments were added
because not every right
of the people or of the
states could be listed in
the Constitution. How
do the Ninth and Tenth
Amendments limit the power
of the federal government?
ANALYZING INFORMATION
Freedom of the Press
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-26
Vocabulary
29
construed explained or
interpreted
168 CHAPTER 5
Amendments 11–27
Amendment XI
Passed by Congress March 4, 1794. Ratifi ed February 7, 1795.
The Judicial power of the United States shall not be
construed
construed
29
to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State.
Amendment XII
Passed by Congress December 9, 1803. Ratifi ed June 15, 1804.
The Electors shall meet in their respective states and vote by ballot for Presi-
dent and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the
person voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President
of the Senate;—the President of the Senate shall, in the presence of the
President and
Vice President
The Twelfth Amendment
changed the election
procedure for president and
vice president.
1791
Bill of Rights
Amendments 110
179 5
Amendment 11
Protects the states
from lawsuits filed
by citizens of other
states or countries
18 0 4
Amendment 12
Requires separate
ballots for the
offices of president
and vice president
18 6 8
Amendment 14
Defines citizenship
and citizens’ rights
18 6 5
Amendment 13
Bans slavery
187 0
Amendment 15
Prohibits national and state
governments from denying
the vote based on race
168 CHAPTER 5
Amendments to the U.S. Constitution
179 0 18 7 018 2 0
The Constitution has been amended only 27 times since it
was ratified more than 200 years ago. Amendments help
the structure of the government change along with the
values of the nation’s people. Read the time line below to
learn how each amendment changed the government.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-27
CITIZENSHIP AND THE CONSTITUTION 169
Senate and House of Representatives, open all the certifi cates and the votes
shall then be counted;—The person having the greatest number of votes
for President, shall be the President, if such number be a majority of the
whole number of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not exceeding three on
the list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the Presi-
dent, the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the states shall
be necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President
shall act as President, as in case of the death or other constitutional disabil-
ity of the President.—The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the offi ce
of President shall be eligible to that of Vice-President of the United States.
1913
Amendment 16
Allows Congress to
tax incomes
Amendment 17
Establishes the
direct election of
U.S. senators
1919
Amendment 18
Bans the making,
selling, and
shipping of alco-
holic beverages
192 0
Amendment 19
Extends the right
to vote to women
1933
Amendment 21
Repeals Amendment 18
1933
Amendment 20
Changes the date
for starting a new
congressional term
and inaugurating a
new president
1951
Amendment 22
Limits terms a
president can
serve to two
19 67
Amendment 25
Establishes procedures for
presidential succession
19 92
Amendment 27
Limits the ability
of Congress to
increase its pay
19 61
Amendment 23
Gives citizens of Washington, D.C., the
right to vote in presidential elections
19 6 4
Amendment 24
Bans poll taxes
1971
Amendment 26
Gives 18-year-olds the right to vote
in federal and state elections
CITIZENSHIP AND THE CONSTITUTION 169
READING TIME LINES
1. How are the Eighteenth and Twenty-first Amendments related?
2. Which amendments relate to the right to vote?
ANALYSIS
SKILL
200019 2 0 19 7 0
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Vocabulary
30
involuntary servitude
being forced to work against
one’s will
170 CHAPTER 5
Amendment XIII
Passed by Congress January 31, 1865. Ratifi ed December 6, 1865.
1. Slavery Banned
Neither slavery nor
involuntary
involuntary
servitude,
servitude,
30
except
as a punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject to their
jurisdiction.
2. Enforcement
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XIV
Passed by Congress June 13, 1866. Ratifi ed July 9, 1868.
1. Citizenship Defi ned
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or prop-
erty, without due process of law; nor deny to any person within its jurisdic-
tion the equal protection of the laws.
2. Voting Rights
Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed
. But when the right
to vote at any election for the choice of electors for President and Vice-
President of the United States, Representatives in Congress, the Executive
and Judicial offi cers of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way abridged, 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
citizens shall bear to the whole number of male citizens twenty-one years
of age in such State.
3. Rebels Banned from Government
No person shall be a Senator or Rep-
resentative in Congress, or elector of President and Vice-President, or hold
any offi ce, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
offi cer of the United States, or as a member of any State legislature, or as an
executive or judicial offi cer of any State, to support the Constitution 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.
4. Payment of Debts
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
Protecting the
Rights of Citizens
In 1833 the Supreme
Court ruled that the Bill of
Rights limited the federal
government but not the
state governments. This
ruling was interpreted to
mean that states were able
to keep African Americans
from becoming state citizens
and keep the Bill of Rights
from protecting them. The
Fourteenth Amendment
defines citizenship and
prevents states from
interfering in the rights of
citizens of the United States.
Abolishing Slavery
Although some slaves
had been freed during the
Civil War, slavery was not
abolished until the Thirteenth
Amendment took effect.
170 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 171
bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation of any slave
;
but all such debts, obligations and claims shall be held illegal and void.
5. Enforcement
The Congress shall have the power to enforce, by appro-
priate legislation, the provisions of this article.
Amendment XV
Passed by Congress February 26, 1869. Ratifi ed February 3, 1870.
1. Voting Rights
The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State on account
of race, color, or previous condition of servitude.
2. Enforcement
The Congress shall have the power to enforce this article
by appropriate legislation.
CITIZENSHIP AND THE CONSTITUTION 171
ANALYZING INFORMATION
ANALYSIS
SKILL
Why was the Thirteenth Amendment needed?
African Americans participate
in an election.
The Reconstruction Amendments
The Thirteenth, Fourteenth, and
Fifteenth Amendments are often
called the Reconstruction Amend-
ments. This is because they arose
during Reconstruction, the period of
American history following the Civil
War. The country was reconstruct-
ing itself after that terrible conflict.
A key aspect of Reconstruction was
extending the rights of citizenship to
former slaves.
The Thirteenth Amendment
banned slavery. The Fourteenth
Amendment required states to respect
the freedoms listed in the Bill of
Rights, thus preventing states from
denying rights to African Americans.
The Fifteenth Amendment gave Afri-
can American men the right to vote.
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172 CHAPTER 5
Amendment XVI
Passed by Congress July 2, 1909. Ratifi ed February 3, 1913.
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.
Amendment XVII
Passed by Congress May 13, 1912. Ratifi ed April 8, 1913.
1. Senators Elected by Citizens
The Senate of the United States shall be
composed of two Senators from each State, elected by the people thereof,
for six years; and each Senator shall have one vote. The electors in each
State shall have the qualifi cations requisite for electors of the most numer-
ous branch of the State legislatures.
2. Vacancies
When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue writs of elec-
tion to fi ll such vacancies: Provided, That the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fi ll the vacancies by election as the legislature may direct.
3. Future Elections
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes valid as part
of the Constitution.
Amendment XVIII
Passed by Congress December 18, 1917. Ratifi ed January 16, 1919. Repealed by
Amendment XXI.
1. Liquor Banned
After one year from the ratifi cation of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United States
and all territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
2. Enforcement
The Congress and the several States shall have concur-
rent power to enforce this article by appropriate legislation.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of the
several States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Prohibition
Although many people
believed that the Eighteenth
Amendment was good for
the health and welfare of
the American people, it was
repealed 14 years later.
172 CHAPTER 5
The
Seventeenth
Amendment requires that
senators be elected directly
by the people instead of by
the state legislatures. What
principle of our government
does the Seventeenth
Amendment protect?
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CITIZENSHIP AND THE CONSTITUTION 173
Amendment XIX
Passed by Congress June 4, 1919. Ratifi ed August 18, 1920.
1. Voting Rights
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of sex.
2. Enforcement
Congress shall have power to enforce this article by appro-
priate legislation.
Amendment XX
Passed by Congress March 2, 1932. Ratifi ed January 23, 1933.
1. Presidential Terms
The terms of the President and the Vice President
shall end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratifi ed; and the
terms of their successors shall then begin.
Women’s Suffrage
Abigail Adams and others
were disappointed that the
Declaration of Independence
and the Constitution did not
specifically include women.
It took many years and much
campaigning before suffrage
for women was finally
achieved.
CITIZENSHIP AND THE CONSTITUTION
173
Women Fight for the Vote
To become part of the Constitution, a proposed amendment
must be ratified by three-fourths of the states. Here, suffragists wit-
ness Kentucky governor Edwin P. Morrow signing the Nineteenth
Amendment in January 1920. By June of that year, enough states
had ratified the amendment to make it part of the Constitution.
American women, after generations of struggle, had finally won
the right to vote.
ANALYZING INFORMATION
ANALYSIS
SKILL
What right did the Nineteenth Amendment grant?
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174 CHAPTER 5
2. Meeting of Congress
The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of January, unless
they shall by law appoint a different day.
3. Succession of Vice President
If, at the time fi xed for the beginning of
the term of the President, the President elect shall have died, the Vice Presi-
dent elect shall become President. If a President shall not have been chosen
before the time fi xed for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice President elect shall act as Presi-
dent until a President shall have qualifi ed; and the Congress may by law
provide for the case wherein neither a President elect nor a Vice President
shall have qualifi ed, declaring who shall then act as President, or the man-
ner in which one who is to act shall be selected, and such person shall act
accordingly until a President or Vice President shall have qualifi ed.
4. Succession by Vote of Congress
The Congress may by law provide for
the case of the death of any of the persons from whom the House of Repre-
sentatives may choose a President whenever the right of choice shall have
devolved upon them, and for the case of the death of any of the persons
from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
5. Ratifi cation
Sections 1 and 2 shall take effect on the 15th day of Octo-
ber following the ratifi cation of this article.
6. Ratifi cation
This article shall be inoperative unless it shall have been rati-
ed as an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its submission.
Amendment XXI
Passed by Congress February 20, 1933. Ratifi ed December 5, 1933.
1. 18th Amendment Repealed
The eighteenth article of amendment to
the Constitution of the United States is hereby repealed.
2. Liquor Allowed by Law
The transportation or importation into any
State, Territory, or Possession of the United States for delivery or use therein
of intoxicating liquors, in violation of the laws thereof, is hereby prohib-
ited.
3. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by conventions in the sev-
eral States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Taking Office
In the original Constitution, a
newly elected president and
Congress did not take office
until March 4, which was four
months after the November
election. The officials who
were leaving office were
called lame ducks because
they had little influence
during those four months.
The Twentieth Amendment
changed the date that the
new president and Congress
take office. Members of
Congress now take office
during the first week of
January, and the president
takes office on January 20.
174 CHAPTER 5
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CITIZENSHIP AND THE CONSTITUTION 175
Amendment XXII
Passed by Congress March 21, 1947. Ratifi ed February 27, 1951.
1. Term Limits
No person shall be elected to the offi ce of the President
more than twice, and no person who has held the offi ce of President, or
acted as President, for more than two years of a term to which some other
person was elected President shall be elected to the offi ce of President more
than once. But this Article shall not apply to any person holding the offi ce
of President when this Article was proposed by Congress, and shall not
prevent any person who may be holding the offi ce of President, or act-
ing as President, during the term within which this Article becomes opera-
tive from holding the offi ce of President or acting as President during the
remainder of such term.
2. Ratifi cation
This article shall be inoperative unless it shall have been
ratifi ed as an amendment to the Constitution by the legislatures of three-
fourths of the several States within seven years from the date of its submis-
sion to the States by the Congress.
Amendment XXIII
Passed by Congress June 16, 1960. Ratifi ed March 29, 1961.
1. District of Columbia Represented
The District constituting the seat of
Government of the United States shall appoint in such manner as Con-
gress may direct:
A number of electors of President and Vice President equal to the whole num-
ber of Senators and Representatives in Congress to which the District would
be entitled if it were a State, but in no event more than the least populous
State; they shall be in addition to those appointed by the States, but they shall
be considered, for the purposes of the election of President and Vice Presi-
dent, to be electors appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article of amendment.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Voting Rights
Until the ratification of the
Twenty-third Amendment,
the people of Washington,
D.C., could not vote in
presidential elections.
CITIZENSHIP AND THE CONSTITUTION
175
From the time
of President
George Washington’s
administration, it was a
custom for presidents to
serve no more than two
terms in office. Franklin D.
Roosevelt, however, was
elected to four terms. The
Twenty-second Amendment
restricted presidents to
no more than two terms in
office. Why do you think
citizens chose to limit the
power of the president in
this way?
After Franklin D.
Roosevelt was elected
to four consecutive
terms, limits were
placed on the number
of terms a president
could serve.
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176 CHAPTER 5
Amendment XXIV
Passed by Congress August 27, 1962. Ratifi ed January 23, 1964.
1. Voting Rights
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors for
President or Vice President, or for Senator or Representative in Congress,
shall not be denied or abridged by the United States or any State by reason
of failure to pay poll tax or other tax.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXV
Passed by Congress July 6, 1965. Ratifi ed February 10, 1967.
1. Sucession of Vice President
In case of the removal of the President from
offi ce or of his death or resignation, the Vice President shall become President.
2. Vacancy of Vice President
Whenever there is a vacancy in the offi ce
of the Vice President, the President shall nominate a Vice President who
shall take offi ce upon confi rmation by a majority vote of both Houses
of Congress.
Presidential Disability
The illness of President
Eisenhower in the 1950s
and the assassination of
President Kennedy in 1963
were the events behind the
Twenty-fifth Amendment. The
Constitution did not provide
a clear-cut method for a vice
president to take over for a
disabled president or upon
the death of a president. This
amendment provides for filling
the office of the vice president
if a vacancy occurs, and it
provides a way for the vice
president—or someone else
in the line of succession—to
take over if the president is
unable to perform the duties
of that office.
176 CHAPTER 5
Poll Tax Amendment
Poll taxes were used to deny
many poor Americans, includ-
ing African Americans and
Hispanic Americans, their
right to vote. These taxes were
made unconstitutional by the
Twenty-fourth Amendment.
ANALYZING INFORMATION
How did poll taxes deny poor Americans the
opportunity to vote?
ANALYSIS
SKILL
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CITIZENSHIP AND THE CONSTITUTION 177
3. Written Declaration
Whenever the President transmits to the Presi-
dent pro tempore of the Senate and the Speaker of the House of Represen-
tatives his written declaration that he is unable to discharge the powers
and duties of his offi ce, and until he transmits to them a written declara-
tion to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
4. Removing the President
Whenever the Vice President and a major-
ity of either the principal offi cers of the executive departments or of such
other body as Congress may by law provide, transmit to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the pow-
ers and duties of his offi ce, the Vice President shall immediately assume the
powers and duties of the offi ce as Acting President.
Thereafter, when the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties
of his offi ce unless the Vice President and a majority of either the principal
offi cers of the executive department or of such other body as Congress may
by law provide, transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties
of his offi ce. Thereupon Congress shall decide the issue, assembling within
forty-eight hours for that purpose if not in session. If the Congress, within
twenty-one days after receipt of the latter written declaration, or, if Con-
gress is not in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the President
is unable to discharge the powers and duties of his offi ce, the Vice President
shall continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his offi ce.
Amendment XXVI
Passed by Congress March 23, 1971. Ratifi ed July 1, 1971.
1. Voting Rights
The right of citizens of the United States, who are eigh-
teen years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
2. Enforcement
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXVII
Originally proposed September 25, 1789. Ratifi ed May 7, 1992.
No law, varying the compensation for the services of the Senators and Rep-
resentatives, shall take effect, until an election of representatives shall have
intervened.
Expanded Suffrage
The Voting Rights Act of 1970
tried to set the voting age at
18. However, the Supreme
Court ruled that the act set
the voting age for national
elections only, not for state
or local elections. The
Twenty-sixth Amendment
gave 18-year-old citizens the
right to vote in all elections.
CITIZENSHIP AND THE CONSTITUTION
177
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2
178 CHAPTER 5
SECTION
Key Terms and People
James Madison, p. 178
majority rule, p. 178
petition, p. 179
search warrant, p. 180
due process, p. 180
indict, p. 180
double jeopardy, p. 180
eminent domain, p. 180
What You Will Learn…
The Bill of Rights was added
to the Constitution to define
clearly the rights and freedoms
of citizens.
The Big Idea
1. The First Amendment guar-
antees basic freedoms to
individuals.
2. Other amendments focus
on protecting citizens from
certain abuses.
3. The rights of the accused are
an important part of the Bill
of Rights.
4. The rights of states and citi-
zens are protected by the Bill
of Rights.
Main Ideas
Your father runs a bookshop in colonial Boston in 1770. Your family
lives in a very small, brick house. You and your sisters must share one
small room. One day, a red-coated British offi cer knocks on your door
and strides into the parlor. He says that your family will have to provide
a room and meals for two British soldiers. “Were already crowded!”
you protest, but he insists.
Would you support the British government’s
requirement that colonists provide food
and shelter for troops? Why?
BUILDING BACKGROUND People in the American colonies
resented the British soldiers stationed in their towns. They objected
to sudden searches and to soldiers being housed in private homes.
They disliked censorship of their newspapers. When the Constitution
was written, Americans remembered those wrongs. They insisted on
adding a bill of rights to the document.
First Amendment
Federalist James Madison promised that a bill of rights would be
added to the Constitution. This promise allowed the Constitution
to pass. In 1789 Madison began writing down a huge list of pro-
posed amendments. He then presented a shorter list to the House
of Representatives. Of those, the House approved 12. The states
ratifi ed 10, which took effect December 15, 1791. Those 10 amend-
ments, called the Bill of Rights, protect U.S. citizens’ individual lib-
erties.
The protection of individual liberties is important in a repre-
sentative democracy. Without safeguards, people’s rights would not
always be protected because of
majority rule
majority rule.
This is the idea that the
This is the idea that the
greatest number of people in society can make policies for everyone
greatest number of people in society can make policies for everyone.
While this means that most people agree on what the law should
be, it also means that smaller groups might lose their rights. The Bill
of Rights ensures that the rights of all citizens are protected.
The ideas spelled out in the First Amendment form the most basic
rights of all U.S. citizens. These rights include freedom of religion,
If YOU were there...
The Bill of Rights
HSS
8.2.6
Enumerate the powers
of government set forth in the Consti-
tution and the fundamental liberties
ensured by the Bill of Rights.
8.3.7 Understand the functions and
responsibilities of a free press.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-37
slander—false statements meant to damage
someone’s reputation. Libel, or intentionally
writing a lie that harms another person, is not
protected, either. The Supreme Court has also
ruled that speech that endangers public safety
is not protected. For example, Justice Oliver
Wendell Holmes declared in 1919 that falsely
shouting “Fire” in a crowded theater is not
protected as free speech.
Americans also have freedom of assembly,
or of holding meetings. Any group may gather
to discuss issues or conduct business. If people
gather peacefully and do not engage in illegal
activities, the government cannot interfere.
The right to
petition
petition,
or make a request of the
or make a request of the
government
government, is another right of the American
people. Any American can present a petition
to a government offi cial. This right lets Ameri-
cans show dissatisfaction with a law. They can
also suggest new laws.
READING CHECK
Summarizing What rights
does the First Amendment guarantee to Americans?
Amendment I
Congress shall make no law respecting an estab-
lishment of religion, or prohibiting the free exer-
cise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peace-
ably to assemble, and to petition the Government
for a redress of grievances.
Free-speech
protection has
also been applied
to “symbolic”
speech—non-
verbal com-
munication that
expresses an
idea, such as
wearing a
protest button.
THE IMPACT
TODAY
179
freedom of the press, freedom of speech, free-
dom of assembly, and the right to petition.
In the spirit of Thomas Jefferson’s Vir-
ginia Statute for Religious Freedom, the First
Amendment begins, “Congress shall make no
law respecting an establishment of religion,
or prohibiting the free exercise thereof.” In
other words, the government cannot support
or interfere with the practice of a religion.
This amendment keeps the government from
favoring one religion over any other or estab-
lishing an offi cial religion.
The First Amendment also guarantees free-
dom of speech and of the press. This means
that Americans have the right to express their
own ideas and views. They also have the right
to hear the ideas and views of others. Former
senator Margaret Chase Smith discussed why
these freedoms are important. “The key to secu-
rity,” she once said, “is public information.”
Freedom of speech does not mean that
people can say anything they want to, how-
ever. The Constitution does not protect
Workers use the right of assembly
to protest a proposed budget in
New York City.
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180 CHAPTER 5
Protecting Citizens
The Second, Third, and Fourth Amendments
relate to colonial disputes with Britain and
refl ect many of the ideals outlined in the
Declaration of Independence. The Second
Amendment deals with state militias and the
right to bear arms. Colonial militias played
a big role in the Revolutionary War. The
framers of the Constitution thought that
the states needed their militias for emergen-
cies. Today the National Guard has largely
replaced organized state militias.
Supporters of gun-control laws have gen-
erally argued that the Second Amendment
was intended to protect the collective right
of states to maintain well-regulated militia
units. Opponents hold that the amendment
was meant to protect an individual’s right
of self-defense. The meaning of the amend-
ment continues to be debated.
The Third Amendment prevents the mili-
tary from forcing citizens to house soldiers.
Before the Revolution, the British pressured
colonists to shelter and feed British soldiers.
British leaders also forced colonists to submit
to having their property searched for illegal
goods. Anger over such actions led to the
Fourth Amendment rule against “unreason-
able searches and seizures.” Before a citizen’s
property can be searched, authorities must
now get a
search warrant
search warrant.
This order gives
This order gives
authorities permission to search someone’s
authorities permission to search someone’s
property
property. A judge issues this order only when
it seems likely that a search might uncover
evidence relating to a crime. In emergen-
cies, however, police can make an emergency
search. This may preserve evidence needed to
prove possible illegal activity.
READING CHECK
Finding Main Ideas
Why were the Third and Fourth Amendments
matters of great importance to Americans when
the Bill of Rights was written?
Rights of the Accused
The Fifth, Sixth, Seventh, and Eighth Amend-
ments provide guidelines for protecting the
rights of the accused. According to the Fifth
Amendment, the government cannot pun-
ish anyone without
due process
due process
of law.
of law.
This
This
means that the law must be fairly applied
means that the law must be fairly applied.
A grand jury decides if there is enough evi-
dence to
indict
indict
(en–
(en–
DYT
DYT
)
),
or formally accuse
or formally accuse,
a person. Without an indictment, the court
cannot try anyone for a serious crime. The
Fifth Amendment also protects people from
having to testify at their own criminal trial.
To keep from testifying, a person need only
“take the Fifth.” In addition, anyone found
not guilty in a criminal trial cannot face
double jeopardy
double jeopardy.
In other words, he or she
In other words, he or she
cannot be tried again for the same crime
cannot be tried again for the same crime.
The fi nal clause of the Fifth Amend-
ment states that no one can have property
taken without due process of law. There is
one exception: the government’s power of
eminent domain
eminent domain.
This is the power to take
This is the power to take
personal property to benefi t the public
personal property to benefi t the public. One
example would be taking private land to build
a public road. However, the government must
pay the owners a fair price for the property.
If the property was gained illegally, then the
owners are not paid.
180 CHAPTER 5
Amendment II
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and sei-
zures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affi rmation, and
particularly describing the place to be searched, and the per-
sons or things to be seized.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-39
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be com-
pelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without
just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusa-
tion; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be pre-
served, and no fact tried by a jury, shall be otherwise reexam-
ined in any Court of the United States, than according to the
rules of the common law.
The Sixth Amendment protects the rights
of a person who has been indicted. It guaran-
tees that person a speedy public trial. Public
trials ensure that laws are being followed by
allowing the public to witness the proceed-
ings. Accused people have the right to know
the charges against them and can hear and
question witnesses testifying against them.
Accused people have the right to an attorney.
If they cannot pay for legal service, the gov-
ernment must provide it. Sometimes accused
persons refuse their Sixth Amendment rights.
For example, some defendants refuse the ser-
vices of an attorney, while others choose to
have a trial in front of a judge alone instead
of before a jury. In many cases, defendants
can forgo trial and agree to a plea bargain.
This means that a defendant pleads guilty to
a lesser charge and avoids risking conviction
for a crime with a greater sentence.
The Seventh Amendment states that juries
can decide civil cases. It is possible to harm
another person without committing a crime.
In such cases, the injured party may sue, or
seek justice, in a civil court. Civil cases usu-
ally involve disputes over money or property.
For example, someone might bring a civil suit
against a person who refuses to repay a debt.
CITIZENSHIP AND THE CONSTITUTION 181
A judge and jury listen to a witness in a
courtroom in Orange County, California.
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182 CHAPTER 5
Amendment IX
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or dispar-
age others retained by the people.
Amendment X
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
A Right to Bail
The Eighth Amendment allows for bail. Bail
is a set amount of money that defendants
promise to pay the court if they fail to appear
in court at the proper time.
By posting, or paying, bail, a defendant
can avoid staying in jail before and during a
trial. If a defendant does not show up in court
for trial, the court demands the bail money
be paid and issues a warrant for arrest.
The Eighth Amendment keeps courts
from setting unfairly high bail. However, in
cases of very serious crimes, a judge may refuse
to set bail altogether. This can be the case, for
example, if the court regards a
defendant as being potentially
dangerous to the public by
being left free. A judge can also
deny bail if he or she thinks
the defendant will not show
up for trial. In such cases the
defendant must remain in jail
through the trial.
“Cruel and Unusual Punishments”
The Eighth Amendment also bans “cruel and
unusual punishments” against a person con-
victed of a crime. For many years, Americans
have debated the question of what exactly
constitutes cruel and unusual punishment.
The debate has often centered on the issue
of capital punishment. In 1972 the Supreme
Court ruled that the way in which most states
carried out the death penalty was cruel and
unusual. The Court also found that the ways
in which many states sentenced people to
death were unfair. However, a few years later,
the Court ruled that not all executions were
in themselves cruel and unusual.
Most states still allow the death pen-
alty. Those that do must follow the Supreme
Court’s rules. To do so, many states have
changed the ways in which they carry out
the death penalty.
READING CHECK
Summarizing What is the
purpose of the Eighth Amendment?
Rights of States and Citizens
The fi nal two amendments in the Bill of Rights
give a general protection for other rights not
addressed by the fi rst eight amendments.
These amendments also reserve some govern-
mental powers for the states and the people.
Ninth Amendment
The Ninth Amendment says that the rights
listed in the Constitution are not the only
rights that citizens have. This amendment
has allowed the courts and Congress to
decide other basic rights of citizens.
Tenth Amendment
The Constitution does not address the ques-
tion of education. However, most Americans
believe that it is a basic and essential right.
This seems especially true in view of the
fact that American citizens must be able to
182 CHAPTER 5
Amendment VIII
Excessive bail shall not be
required, nor excessive
nes imposed, nor cruel
and unusual punishments
infl icted.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-41
Section 2 Assessment
KEYWORD: SS8 HP5
Online Quiz
Reviewing Ideas, Terms, and People
1. a. Identify What basic rights are protected by the First
Amendment?
b. Explain What does the right to petition the govern-
ment mean?
c. Elaborate Why is freedom of the press an important
right?
2. a. Describe How are citizens protected under the Third
and Fourth Amendments?
b. Draw Conclusions In what ways did British actions
before the Revolution lead to the Second, Third, and
Fourth Amendments?
3. a. Identify What protections does the Eighth Amendment
provide for people accused of crimes?
b. Elaborate Why is it important that the Bill of Rights
protects people accused of crimes?
4. a. Recall What is the purpose of the fi nal two amend-
ments in the Bill of Rights?
b. Analyze How does the Tenth Amendment balance
power between national and state governments?
Critical Thinking
5. Summarizing Copy the chart below. Use it to summarize
the rights guaranteed to citizens by each amendment in
the Bill of Rights.
FOCUS ON WRITING
6. Gathering Information about the Bill of Rights
What freedoms are guaranteed by the Bill of Rights?
Make a list of the most important freedoms. You’ll list
those freedoms on the third page of your pamphlet.
Amendment Right
1
2
3
4
5
6
7
8
9
10
vote for the people who represent them in
government. “Education is not just another
consumer item. It is the bedrock [founda-
tion] of our democracy,” explained educa-
tional leader Mary Hatwood Futrell. Today
state governments offer free education from
elementary to high school—to all citizens.
The Tenth Amendment recognizes that
the states and the people have additional
powers. These powers are any ones that the
Constitution does not specifi cally give to
Congress—the delegated powers. The Tenth
Amendment makes it clear that any powers
not either delegated to the federal govern-
ment or prohibited to the states belong to the
states and the people. Thus, the last amend-
ment in the Bill of Rights protects citizens’
rights. It helps to keep the balance of power
between the federal and state governments.
READING CHECK
Summarizing How does the
Tenth Amendment protect the rights of citizens?
SUMMARY AND PREVIEW In this section
you learned about the Bill of Rights. In
the next section you will learn about the
responsibilities of citizenship.
CITIZENSHIP AND THE CONSTITUTION 183
Students learn about the
rights and responsibilities
of being a U.S. citizen.
HSS
8.2.6, 8.3.7
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-42
184 CHAPTER 5
Key Terms
naturalized citizens, p. 184
deport, p. 184
draft, p. 185
political action committees, p. 186
interest groups, p. 186
What You Will Learn…
SECTION
3
What You Will Learn…
American citizenship involves
great privileges and serious
responsibilities.
The Big Idea
1. Citizenship in the United
States is determined in sev-
eral ways.
2. Citizens are expected to fulfill
a number of important duties.
3. Active citizen involvement in
government and the commu-
nity is encouraged.
Main Ideas
Your older brother and his friends have just turned 18. That means
they must register with selective service. But it also means that
they are old enough to vote in national elections. You are inter-
ested in the upcoming elections and think it would be exciting to
have a real voice in politics. But your brother and his friends don’t
even plan to register to vote.
How would you persuade your brother
that voting is important?
BUILDING BACKGROUND Whether you are born an American
citizen or become one later, citizenship brings many rights and privi-
leges. But it also brings duties and responsibilities. Voting is both a
right and a responsibility.
Gaining U.S. Citizenship
People become U.S. citizens in several ways. First, anyone born in
the United States or a territory it controls is a citizen. People born in
a foreign country are U.S. citizens if at least one parent is a U.S. citi-
zen.
Foreign-born people whose parents are not citizens must move
Foreign-born people whose parents are not citizens must move
to the United States to become
to the United States to become
naturalized citizens
naturalized citizens. Once in the
United States, they go through a long process before applying for
citizenship. If they succeed, they become naturalized citizens, giv-
ing them most of the rights and responsibilities of other citizens.
In the United States, legal immigrants have many of the rights
and responsibilities of citizens but cannot vote or hold public
offi ce. The U.S. government can
deport
deport,
or return to the country
or return to the country
of origin
of origin, immigrants who break the law.
Legal immigrants over age 18 may request naturalization after
living in the United States for fi ve years. All legal immigrants have to
If YOU were there...
Rights and
R esponsibilities
of Citizenship
HSS
8.3.6
Describe the basic
law-making process and how the
Constitution provides numerous
opportunities for citizens to partici-
pate in the political process and to
monitor and infl uence government
(e.g., function of elections, political
parties, interest groups).
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-43
CITIZENSHIP AND THE CONSTITUTION 185
support themselves fi nancially. If not, some-
one must assume fi nancial responsibility for
them. Immigrants must be law-abiding and
support the U.S. Constitution. They must
demonstrate understanding of written and
spoken English. They also must show basic
knowledge of U.S. history and government.
When this is done, candidates go before
a naturalization court and take an oath of
allegiance to the United States. They then get
certifi cates of naturalization.
Only two differences between naturalized
and native-born citizens exist. Naturalized cit-
izens can lose their citizenship, and they can-
not become president or vice president. Many
famous Americans have been naturalized citi-
zens, including scientist Albert Einstein and
former secretary of state Madeleine Albright.
READING CHECK
Drawing Conclusions
Why does U.S. law have such demanding require-
ments for people to become naturalized citizens?
Duties of Citizenship
For a representative democracy to work,
Americans need to fulfi ll their civic duties.
“The stakes…are too high for government to
be a spectator sport,” former Texas congress-
woman Barbara Jordan once said.
Citizens elect offi cials to make laws for
them. In turn, citizens must obey those laws
and respect the authorities who enforce
them. Obeying laws includes knowing what
they are and staying informed about chang-
es. Ignorance of a law will not prevent a per-
son from being punished for breaking it.
Another duty is paying taxes for ser-
vices such as public roads, police, and pub-
lic schools. People pay sales taxes, property
taxes, and tariffs. Many Americans also pay a
tax on their income to the federal, and some-
times state, government.
Citizens have the duty to defend the
nation. Men 18 years or older must regis-
ter with selective service. In the event of a
draft
draft
, or required military
, or required military
service,
service, those able
to fi ght are already registered. Although
women do not register, many serve in the
armed forces.
Americans have the right to a trial by jury
under the Sixth Amendment. To protect this
right, citizens should be willing to serve on a
jury when they are called. Otherwise, fulfi ll-
ing each person’s Sixth Amendment rights
would be diffi cult.
READING CHECK
Making Inferences Why does
citizenship carry with it certain responsibilities?
CITIZENSHIP AND THE CONSTITUTION 185
For many people around the world,
becoming a citizen of the United States
is a lifelong dream. The highlight of the
naturalization process is the ceremony
where candidates promise to “support
and defend the Constitution and laws of
the United States of America.
Becoming a Citizen
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-44
Responsibilities of Citizens
Jury Duty
186 CHAPTER 5
For representative democracy to work,
citizens must do their part. Each activity
pictured here serves an important role in
the community.
Citizens and Government
Taking part in the elections process by voting
may be a citizen’s most vital duty. Through
free elections, U.S. citizens choose who will
lead their government.
Function of Elections
It is essential for citizens to learn as much
as they can about the issues and candidates
before voting. Information is available from
many sources: the Internet, newspapers,
television, and other media. However, vot-
ers should also be aware that some material
may be propaganda or material that is biased
deliberately to help or harm a cause.
In addition to voting, many Americans
choose to campaign for candidates or issues.
Anyone can help campaign, even if he or
she is not eligible to vote. Many people also
help campaigns by giving money directly or
through
political action committees
political action committees
(PACs),
(PACs),
groups that collect money for candidates
groups that collect money for candidates
who support certain issues
who support certain issues.
Infl uencing Government
Even after an election, people can infl uence
officials. Political participation is part of
our nation’s identity and tradition. When
colonists protested British rule in the 1700s,
they formed committees and presented their
views to political leaders.
As the new American nation grew, so
did political participation. French diplomat
Alexis de Tocqueville visited the United States
in 1831 to study American democracy. He
was amazed at the large number of political
groups Americans participated in. He wrote
about them:
What political power could ever carry on the
vast multitude [large number] of lesser under-
takings which the American citizens perform
every day, with the assistance of the principle
of association [joining a group]? Nothing, in
my opinion, is more deserving of our atten-
tion than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
U.S. citizens sometimes work with
interest
interest
groups
groups.
These groups of people share a
These groups of people share a
common interest that motivates them to
common interest that motivates them to
take political action.
take political action. Interest groups orga-
nize speeches and rallies to support their
cause. However, citizens need not join a
group to infl uence government. They can
write letters to leaders of government or
attend city council meetings. Active political
participation is an important duty for U.S.
citizens and immigrants alike.
Helping the Community
Commitment to others moves many Americans
to volunteer in community service groups.
Some small communities rely on volunteers
for services such as fi re protection and law
enforcement.
Other volunteer groups help government-
sponsored agencies. For example, Citizens on
186 CHAPTER 5
Military Service
ACADEMIC
VOCABULARY
influence
change or have
an effect on
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-45
Section 3 Assessment
Reviewing Ideas, Terms,
and People
1. a. Identify What are the different ways in which a
person can become a U.S. citizen?
b. Make Inferences Why do you think the law
requires an immigrant to live in the United States
at least fi ve years before he or she can apply to
become a naturalized citizen?
2. a. Describe What are three duties expected of U.S.
citizens?
b. Evaluate In your opinion, which duty expected
of citizens is the most important? Why?
3. a. Identify In what ways can citizens participate in
the election process?
b. Draw Conclusions Why is it important that
citizens participate in the political process?
Critical Thinking
4. Analyzing Copy the graphic organizer on the right.
Use it to analyze the different ways that a person
can become a U.S. citizen and the responsibilities
that all citizens share.
FOCUS ON WRITING
5. Thinking about Citizenship The last page of
your pamphlet will have two parts—one part on
requirements for citizenship and one part on the
responsibilities of citizens. Look back through this
section and make two lists, one on requirements
and one on responsibilities.
KEYWORD: SS8 HP5
Online Quiz
Responsibilities
U.S.
Citizenship
Community Service
Voting
Patrol and Neighborhood Watch groups ask
volunteers to walk their neighborhoods and
tell police if they observe possible criminal
activity in the area. The American Red Cross
helps citizens in times of natural disasters or
other emergencies. The Boy Scouts and Girl
Scouts plan many projects such as planting
trees to improve the environment. Even sim-
ple acts such as picking up trash in parks or
serving food in shelters help a community.
READING CHECK
Summarizing In what ways
do volunteer groups benefit the community?
SUMMARY AND PREVIEW In this section
you learned about citizens’ duties toward
their nation and their communities.
In the next chapter you will learn about
the fi rst government formed under the
Constitution.
CITIZENSHIP AND THE CONSTITUTION 187
Obey the Law
ANALYZING VISUALS
Which responsibilities can you fulfill now,
without waiting until you turn 18 years old?
ANALYSIS
SKILL
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-46
Social Studies Skills
Analysis
Critical
Thinking
Define the Skill
A context is the circumstances under which some-
thing happens. Historical context includes values,
beliefs, conditions, and practices that were com-
mon in the past. At times, some of these were quite
different from what they are today. To truly under-
stand a historical statement or event, you have to
take its context into account. It is not right to judge
what people in history did or said based on present-
day values alone. To be fair, you must also consider
the historical context of the statement or event.
Learn the Skill
To better understand something a historical fi gure
said or wrote, use the following guidelines to deter-
mine the context of the statement.
1
Identify the speaker or writer, the date, and the
topic and main idea of the statement.
2
Determine the speaker’s or writer’s attitude and
point of view about the topic.
3
Review what you know about beliefs, condi-
tions, or practices related to the topic that were
common at the time. Find out more about the
times in which the statement was made if you
need to.
4
Decide how well the statement refl ects the val-
ues, attitudes, and practices of people living at
that time. Then, determine how well it refl ects
values, attitudes, and practices related to the
topic today.
Applying these guidelines will give you a
better understanding of statements made by the
Determining the Context of Statements
Constitution’s framers. You read in Chapter 5
that the Constitution created a representative
democracy. However, the original Constitution
gave most Americans little voice in choosing their
leaders. Only the House of Representatives was
elected by the voters. Alexander Hamilton, one
of the Constitutional Convention’s leaders,
told the delegates:
The people are turbulent and changing; they seldom
judge or determine right. Give therefore to the fi rst
[upper] class a distinct, permanent share in government.
They will check the unsteadiness of the second
[the masses].
By modern standards, Hamilton’s remark is
undemocratic. But think about the times in which it
was made. Shays’s Rebellion had recently occurred.
In addition, in those days most Americans had
little or no education. Many could not even read or
write. When its historical context is considered, the
statement seems less harsh and extreme.
Practice the Skill
Read the following statement made by Patrick
Henry in 1788. Then answer the questions to deter-
mine its context and better understand it.
The Constitution is said to have beautiful features, but . . .
they appear to me horribly frightful. . . . Your dearest rights
may be sacrifi ced by what may be a small minority . . .
[that] . . . may continue forever unchangeably this govern-
ment, although horribly defective.
1. What was Henry’s opinion of the Constitution?
2. How might Americans’ recent experience in the
Revolution have caused him to feel that way?
188 CHAPTER 5
Participation Study
HR5
Students determine the context in which
historical statements were made.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-47
Reviewing Vocabulary,
Terms, and People
1. Who promised to add a bill of rights to the U.S.
Constitution?
a. Benjamin Franklin c. Alexander Hamilton
b. Thomas Jefferson d. James Madison
2. What is the term for a person born in another
country who becomes a citizen of the United
States?
a. immigrant c. naturalized citizen
b. partial citizen d. separatist
3. What are powers granted to the states called?
a. reserved powers c. stately powers
b. concurrent powers d. delegated powers
4. What is the permission to look for evidence of a
crime in a particular location called?
a. petition c. indictment
b. impeachment d. search warrant
5. Who was the fi rst female Supreme Court
justice?
a. Abigail Adams c. Barbara Jordan
b. Susan B. Anthony d. Sandra Day
O’Connor
CITIZENSHIP AND THE CONSTITUTION 189
Standards Review
CHAPTER
5
Use the visual summary below to help you review
the main ideas of the chapter.
Visual
Summary
The Bill of Rights guarantees
important rights and freedoms
for American citizens.
Along with rights, citizens have
duties: to obey laws, pay taxes,
register for the draft, sit on juries,
perform community service,
and vote.
The U.S. Constitution sets up a federal system of
government, with powers divided between the federal
government and state governments.
The powers of government are divided among three
branches: the legislative, executive, and judicial
branches.
A system of checks and balances prevents any one
branch from becoming too powerful.
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-48
190 CHAPTER 5
Comprehension and
Critical Thinking
SECTION 1 (Pages 144–148)
6. a. Describe Name each branch of government
and explain the duties of each.
b. Analyze What checks and balances exist
between the branches of government?
c. Evaluate Do you think the three branches of
government share their power equally? Explain
your answer.
SECTION 2 (Pages 178–183)
7. a . Identify What is the Bill of Rights, and why
was it added to the Constitution?
b. Analyze In what ways does the Bill of Rights
protect individuals from the power of government?
c. Elaborate Which of the amendments in
the Bill of Rights do you think is the most
important? Why?
SECTION 3 (Pages 184–187)
8. a. Describe What are the ways in which a
person can gain U.S. citizenship?
b. Analyze How are citizens able to influence
their government?
c. Predict What might result if individuals
failed to fulfill their duties as citizens?
Reading Skills
Understanding Summarizing Use the Reading Skills
taught in this chapter to answer the question about the
reading selection below.
Freedom of speech does not mean that people
can say anything they want to, however. The
Constitution does not protect slander—false
statements meant to damage someone’s
reputation. Libel, or intentionally writing a lie
that harms another person, is not protected,
either. (p. 179)
9. Which of the following is a good summary of
the selection?
a. Freedom of speech does not protect everything.
b. Slander is a false statement meant to damage
someone’s reputation.
Reviewing Themes
10. Politics What important ideas has the U.S.
Constitution contributed to government?
11. Politics Why is active political participation
an important responsibility for people in the
United States?
Social Studies Skills
Determining the Context of Statements Use the
Social Studies Skills taught in this chapter to answer the
questions about the quotation below.
What political power could ever carry on the vast
multitude [large number] of lesser undertakings which
the American citizens perform every day, with the
assistance of the principle of association [joining a
group]? Nothing, in my opinion, is more deserving of
our attention than the intellectual and moral associa-
tions of America.
—Alexis de Tocqueville, Democracy in America
12. De Tocqueville wrote this about his trip to the
United States in 1831. What is his main idea?
a. Governments can fill every need of citizens.
b. American organizations cannot accomplish much.
c. American organizations get too much attention.
d. American organizations fill important needs of
citizens that government cannot.
13. Do you think that de Tocqueville’s statement
accurately describes modern America? Why or
why not?
FOCUS ON WRITING
14. Creating a Pamphlet You have gathered infor-
mation about the Constitution, Bill of Rights,
and citizenship. Use that information to cre-
ate your pamphlet. On the first page, write a
title and a phrase that will get your audience’s
attention. On each of the following pages, you
can use this format: (1) a heading and sentence
at the top of the page identifying the topic of
the page, and (2) the list of the most important
points for that topic. Remember that page 2
is on the Constitution, page 3 is on the Bill of
Rights, and page 4 is on citizenship.
HSS
8.2.6, 8.3.7
HSS
8.2.6
HSS
8.3.6
US_History_Textbook_8th_Grade_Chapter_5_Citizenship_and_the_Constitution Image-49
CITIZENSHIP AND THE CONSTITUTION 191
DIRECTIONS: Read each question and write the
letter of the best response.
!
What a president says and thinks is not
worth fi ve cents unless he has the people
and Congress behind him. Without Con-
gress, I’m just a six-feet-four Texan. With
Congress, I’m President of the United
States in the fullest sense.
— President Lyndon Johnson
What point about government was President
Johnson making in this remark?
A The president should be directly elected by the
people.
B Congress should not have any ability to control
the president.
C The president needs the support of Congress to
be effective.
D Congress and the president should share some
powers.
@
Which of the following rights is not protected
in the Bill of Rights?
A the right to bear arms
B the right to public education
C the right to jury trials
D the right to free speech
#
The right of every American to be a member
of a political party is an example of
A the principle of dual sovereignty.
B the First Amendment right to freedom of
assembly.
C the principle of majority rule.
D the Fifth Amendment right to due process
of law.
$
Which of the following is not a duty of
citizenship?
A becoming informed about important issues
B volunteering to work with a community-service
group
C serving on a jury
D speaking English
%
The right to freedom of the press would not
protect a newspaper that
A knowingly spread harmful lies about someone.
B criticized an elected government offi cial.
C deliberately encouraged people to peacefully
protest a law.
D opposed the government in time of war.
Connecting with Past Learning
^
One of the principles built into the Constitu-
tion is that there should be checks on the
power of government leaders. This idea is
based on what earlier statement or docu-
ment that you learned about in Grade 7?
A Ninety-fi ve Theses
B Declaration of the Rights of Man
C Four Noble Truths
D Magna Carta
&
The legal rights and protections contained in
the Bill of Rights are based on rights earlier
granted to people in
A France.
B England.
C China.
D Japan.
Standards Assessment

Subjects

U.S. History

Grade Levels

K12

Resource Type

PDF

US History Textbook 8th Grade Chapter 5 Citizenship and the Constitution PDF Download

California Standards Science Students analyze the political principles underlying the Constitution and compare the enumerated and implied powers of the federal government . Students understand the foundation of the American political system and the ways in which citizens participate in it . Analysis Skills Determining the content of statements Arts Writing Present information purposefully and succinctly and meet the needs of the intended audience . Reading Compare the original a determine whetherthe summary accurately captures the main ideas , includes critical details , and conveys the underlying meaning . FOCUS ON WRITING A Pamphlet Everyone in the United States benefits from our Constitution . However , many people do know the tion as well as they should . In this chapter you will read about the Constitution and the rights and responsibilities it grants to citizens . Then you create a pamphlet to share this information with your fellow citizens . CHAPTER The Constitution goes into effect after New Hampshire ninth state to ratify it . The Bill of Rights becomes part of the Constitution on December 15 .

History Impact . series Watch the video to stand the impact of the Bill of Rights . What You Will Learn In this chapter you will learn about the Constitution , the Bill of Rights , and what it means to be an American citizen . Young citizens like the ones pictured here must be informed in order to fulfill the rights and responsibilities A I of citizenship . av . I HA ! I , IQ The Nineteenth The Fair all bans American women the discrimination in right to vote . the workplace . The ment is ratified , giving the right to vote to all citizens or older . 1954 In Brown Board of 1990 Education , the Supreme Court The Americans declares segregation in public with Disabilities schools to be unconstitutional . Act is passed . CITIZENSHIP AND THE CONSTITUTION 141

Reading Social Studies . Society ' Economics Geography Religion and Culture Focus on Themes In this chapter , you will political system at only in the Bill of read about the three branches of government , Rights , but through the responsibilities US . citizens the Bill of Rights , and the duties and responsibilities have as they vote for leaders and work to help of a United States citizen . As you read about their communities and nation . each of these topics , you will see the American Summarizing Historical Texts Focus on Reading History books are full of information . hum , Sometimes the sheer amount of information they contain can make , Additional reading processing what you read difficult . In those cases , in may be helpful to Support can be . stop for a moment and summarize what you ve read . found in the Writing a Summary A summary is a short restatement of the most important ideas in a text . The example below shows three steps used in writing a summary . First underline important details . Then write a short summary of each paragraph . Finally , combine these paragraph into a short summary of the whole passage . The Constitution ' The executive branch is headed by 21 Article II , Section I president and vice president , each elected . The executive Power shall be vested in a for ) President of the United States of America . He shall hold his during the Term of four Years , and , together with the President , chosen for the same Term , be elected , as follows . Each State shall appoint , in such Manner as the Legislature thereof may direct , a Number of Electors , equal to the whole Number of Summary of Paragraph The electors who choose the president and vice president are appointed . Each state has the same number of electors as it has bers of Congress . Senators and Representatives to which the State may be entitled in the Congress but no Senator or Representative , or Person holding an of Trust or under the United States , shall be appointed an Elector . Combined Summary The president and vice president who run the executive branch are elected every four years by electors . 142 CHAPTER

ELA Reading Compare the original text to a summary . You Try It ! The following passage is from the Constitution . As you read it , decide which facts you would include in a summary of the passage . The Constitution Article I , Section . The House of Representatives shall be composed of Members chosen every second Year by the People of the several States , and the Electors in each State shall have the requisite for Electors of the most numerous branch of the State Legislature . No person shall be a Representative who shall not have attained to the Age of twenty years , and been seven Years a Citizen of the United States , and who shall not , when elected , be an Inhabitant of the State in which he shall be chosen . After you read the passage , answer the following questions . Which of the following statements best summarizes the first paragraph of this passage ?

a . Congress has a House of Representatives . Members of the House of Representatives are elected every two years by state electors . Using the steps described on the previous page , write a summary of the second paragraph of this passage . Combine the summary statement you chose in Question with the summary statement you wrote in Question to create a single summary of this entire passage . As you read Chapter , think about what details you would include in a summary of each paragraph . and People Chapter Section federal system ( 144 ) impeach ( 146 ) veto ( 1412 ) executive orders ( 147 ) pardons ( 147 ) Thurgood Marshall ( 148 ) Sandra Day ( 148 ) Section James Madison ( 178 ) majority rule ( 178 ) petition ( 79 ) search warrant ( 180 ) due process ( 80 ) indict ( 80 ) double jeopardy ( 180 ) eminent domain ( 180 ) Section naturalized citizens ( 184 ) deport ( 184 ) draft ( 85 ) political action committees ( 186 ) 186 ) Academic Vocabulary Success in school is related to knowing academic the words that are frequently used in school and . In this chapter , you will learn the following academic words distinct ( 145 ) influence ( 86 ) CITIZEN HIP AND THE CONSTITUTION

SECTION What You Will Learn . The framers ofthe devised the federal system . The legislative branch makes the nation laws . The executive branch forces the nation laws . The judicial branch mines whether or not laws are constitutional . The Big Idea The Constitution balances the powers of the federal among the legislative , executive , and judicial branches . Key Terms and People federal system , 144 impeach , 146 veto , 146 executive orders , 147 pardons , 147 Thurgood Marshall , 148 Sandra Day , 148 IE Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill of Rights . CHAPTER Understanding the Constitution If YOU were there You have just been elected to the House of Representatives . You know that committees do much of the work in Congress . They deal with many different fields such as foreign policy , agriculture , national security , science , and education . You would like to ask for a spot on a committee whose work interests you . Which committee would you ask to serve on ?

BUILDING BACKGROUND When the framers of the Constitution met in Philadelphia in 1787 , they created a national government with three branches that balance one another powers . The Federal System The framers of the Constitution wanted to create a government powerful enough to protect the rights of citizens and defend the country against its enemies . To do so , they set up a federal system of government , a system that divided powers between the states and the federal government . The Constitution assigns certain powers to the national ment . These are called delegated powers . Among them are the rights to coin money and to regulate trade . Reserved powers are those kept by the states . These powers include creating local governments and holding elections . Concurrent powers are those shared by the federal and state governments . They include taxing , borrowing money , and enforcing laws . Sometimes , Congress has had to stretch its delegated powers to deal with new or unexpected issues . A clause in the Constitution states that Congress may make all Laws which shall be necessary and proper for carrying out its duties . This clause , called the elastic it can be stretched ( like elastic ) for the government . Summarizing How is between the federal and state governments ?

Separation of Powers Legislative Branch ( Congress ) Writes the laws Confirms presidential appointments Approves treaties Grants money Declares war Legislative Branch The federal government has three branches , each with distinct responsibilities and powers . This separation balances the branches and keeps any one of them from growing too powerful . The first branch of government is the legislative branch , or Congress . It makes the nation laws . Article I of the Constitution divides Congress into the House of and the Senate . With 435 members , the House of is the larger congressional house . The Census , a population count made every 10 years , determines how many bers represent each state . A system called apportionment keeps total membership at 435 . If one state gains a member , another state loses one . Members must be at least 25 years old , live in the state where they were elected , and have been citizens for seven years . They serve terms . The Senate has two members , or senators , per state . Senators represent the interests of the whole state , not just a district . They must be at least 30 years old , have been citizens for nine years , and live in the state they resent . They serve terms . The senior senator of a state is the one who has served Executive Branch Proposes laws Administers the laws Commands armed forces Appoints ambassadors and other officials Conducts foreign policy Makes treaties ( President ) and other laws the longer of the two . Members of Congress can serve an unlimited number of terms . The political party with more members in each house is the majority party . The one with fewer members is the minority party . The leader of the House of Representatives , or Speaker of the House , is elected by House members from the majority party . The vice president serves as dent of the Senate . He takes no part in ate debates but can vote to break ties . If he is absent , the president pro ( pro tem for short ) leads the Senate . There is no law for how the Senate must choose this position , but it traditionally goes to the majority ty senator who has served the longest . Congress begins sessions , or meetings , each year in the week of January . Both houses do most of their work in tees . Each committee studies certain types of bills , or suggested laws . For example , all bills about taxes begin in the House Ways and Means Committee . Comparing and Contrasting What are the similarities in requirements for members of the House of Representatives and the Senate ?

What are the differences ?

CITIZENSHIP AND THE CONSTITUTION Judicial Branch ( Supreme Court ) Reviews Interprets the Constitution ACADEMIC VOCABULARY distinct separate Checks and Balances Fa . Executive Branch ( President ) Checks on Legislative Branch May adjourn Congress in certain situations May veto bills Judicial Branch Appoints judges Legislative Branch ( Congress ) Checks on Executive Branch May May reject treaties May withhold funding for presidential initiatives May impeach president May override a veto Judicial Branch May propose constitutional amendments to overrule judicial decisions May impeach Supreme Judicial Branch ( Supreme Court ) Checks on Executive Branch May declare executive actions unconstitutional Legislative Branch May declare laws unconstitutional Executive Branch Article II of the Constitution lists the powers The House of Representatives can impeach , or vote to bring charges of serious of the executive branch . This branch enforces the laws passed by Congress . President and Vice President As head of the executive branch , the dent is the most powerful elected leader in the United States . To qualify for the presidency or vice presidency , one must be a citizen at least 35 years old . The dent must also have been a resident for 14 years . Americans elect a president and vice dent every four years . Franklin Roosevelt , who won four times , was the only president to serve more than two terms . Now , the Amendment limits presidents to two terms . If a president dies , resigns , or is removed from , the vice president becomes president for the rest of the term . CHAPTER crimes against , a president . Impeachment cases are tried in the Senate . If a president is found guilty , Congress can remove him from . In 1868 Andrew Johnson was the first president to be impeached . President Bill Clinton was impeached in 1998 . However , the Senate found each man not guilty . Working with Congress The president and Congress are often on ferent sides of an issue . However , they must still work together . Congress passes laws . The president , however , can ask Congress to pass or reject bills . The president also can veto , or cancel , laws Congress has passed . Congress can try to override , or undo , the veto . However , this is difficult since it takes a

majority vote . To carry out laws affecting the Constitution , treaties , and statutes , the president issues executive orders . These commands have the power of law . The president also may grant pardons , or dom from punishment , to persons convicted of federal crimes or facing criminal charges . The president also commands the armed forces . In emergencies , the president can call on troops . Only Congress , however , can declare war . Other executive duties include conducting foreign relations and creating treaties . Executive departments do most of the executive branch work . As of 2004 there were 15 such departments . The president chooses department heads , who are called secretaries , and the Senate approves them . The heads make up the cabinet , which advises the president . Drawing Conclusions What is the president most important power ?

Judicial Branch The third branch of government , the cial branch , is made up of a system of federal courts headed by the Supreme Court . The Constitution created the Supreme Court , but the Judiciary Act of 1789 created the tem of lower district and circuit courts . Article III generally outlines the courts duties . Federal courts can strike down a state or federal law if the court finds a law . Congress can then try to revise the law to make it constitutional . District Courts The president makes appointments to federal courts . In an effort to keep federal judges free of party , the judges are given life appointments . The lower federal courts are divided according to cases over which they have jurisdiction , or authority . Each state has at least one of the 94 district courts . TODAY new Department of Homeland Security was given level status to protect against terrorism . Background of the Court The rest of the Supreme Court Decisions you see in this book will highlight important cases of the Court . But in this first one , discuss the history of the Court . The first Supreme Court met in 1790 at the Royal Exchange in New York City The ground floor of this building was an market . When the national government moved to Philadelphia , the Court met in basement rooms in Hall . Once in ton , the Court heard cases in the Capitol building until the present Supreme Court building was in 1932 . Circuit Riding Today the Supreme Court holds court only in Washington , In the past , however , the justices had to travel through assigned circuits , hearing cases together with a in a tice known as riding circuit . The justices complained bitterly about the inconvenience of travel , which was often over unpaved roads and in bad weather This system was not just inconvenient to the justices , however . Some people worried about the fairness of a system that required justices who had heard cases at trial to rule on them again on appeal . Other people , however , thought that the practice helped keep the justices in touch with the needs and feelings of the average citizen . Eventually , circuit riding interfered so much with the increased amount of business of the Supreme Court that Congress passed a law ending the practice in the late . Path to the Supreme Court When a case is decided by a state or federal court , the losing side may have a chance to appeal the decision to a higher court . Under the federal system , this higher court is called the court of appeals . A person who loses in that court may then appeal to the Supreme Court to review the case . But the Supreme Court does not have to accept all appeals . It usually chooses to hear only cases in which there is an tant legal principle to be decided or if two federal courts of appeals disagree on how an issue should be decided . SKILL ANALYZING INFORMATION . What are two reasons why the practice of circuit riding ended ?

Why do you thinkthe Supreme Court does not hear every case thatis appealed to it ?

CITIZENSHIP AND THE CONSTITUTION Nine justices sit on the Supreme Court . Courts of Appeals If Someone of a Crime believes the The chief justice of the United States leads the Sh trial was unfair , he or she may take the case Court tne President and Or to the court of appeals . There are 13 courts of are after reading this appeals . Each has a panel of judges to decide paragraph if cases heard in the lower courts were tried In recent decades tne Court has become more diverse . In 1967 Thurgood Marshall became the first African American justice . Sandra Day became the first female Court justice after her 1981 ment by President Ronald Reagan . Summarizing structure and responsibilities of the judicial branch . appropriately . If the judges uphold , or accept , the original decision , the original outcome stands . Otherwise , the case may be retried in the lower court . Supreme Court ' After a case is decided by the court of appeals , TODAY the losing side may appeal the decision to Supreme Court the Supreme Court . Thousands of cases go ' 93 93 have to the Supreme Court yearly in the hope of dramatic effects , nation , as a hearing , but the Court has time to hear in Bush Gore , only about 100 . Generally , the cases heard involve important constitutional or SUMMARY AND PREVIEW In this section you leamed about the balance between the different branches of the federal ment . In the next section you will leam about the Bill of Rights . which decided the outcome of the 2000 interest issues . If the Court declines to hear a case , the court of appeals decision is . election . Online Quiz Section Assessment KEYWORD Reviewing Ideas , Terms , and People a . Describe What type of government did the Constitution establish for the United States ?

Contrast What is the difference between delegated , reserved , and concurrent powers ?

a . Recall What role does the vice president serve in the legislative branch ?

Compare and Contrast In what ways are the Senate and the House of Representatives similar and different ?

Elaborate Why do you think the requirements for sewing in the Senate are stricter than those for serving in the House of Representatives ?

a . Describe What powers are granted to the president ?

Make Generalizations Why is it important that the president and Congress work together ?

Critical Thinking . Categorizing Copy the web diagram below . Use it to identify the separation of powers that exists between the branches of the federal government . Separation of Powers Evaluate What do you think is the most important power granted to the president ?

Why ?

a . Explain What is the main power of thejudicial branch ?

Evaluate Which branch of government do you feel is most important ?

Explain your answer . CHAPTER . Gathering Information about the Constitution Look back through what you just read about the Constitution . Make a list of four or five of the most important features of the Constitution . You put that list on the second page of your pamphlet .

BIOGRAPHY James Madison What would you do to create a government ?

when did he live ?

Where did he live ?

Like several of the founding fathers , James Madison was a Virginian . He grew up in the town of , and he kept a home there for his whole life . What did he do ?

Through the persuasive power of his writing , Madison helped create the foundations of the government . Why is he important ?

Madison is known as the Father of the Constitution . A brilliant thinker , he provided many of the basic ideas in the Constitution . He argued tirelessly for a strong national govemment , for rate branches of government , and for rights such as dom of religion . He then rallied support for adoption of the Constitution and the Bill of Rights . In 1809 son became the fourth president of the United States . As president , he led the country through another war with Britain , the War of 1812 . He and his wife , were forced to Washington temporarily when the British invaded the capital and set to the White House . Summarizing Why is Madison known as the Father of the Constitution ?

KEY EVENTS Madison serves in the Continental Congress . Madison keeps a ten record of the Convention . Madison helps write the Federalist Papers , urging support for the Constitution . Madison serves as secretary of state under President Thomas Jefferson . Madison serves two terms as president . James Madison was an important force in the writing of the Constitution . CITIZENSHIP AND THE CONSTITUTION

CHAPTER The Constitution of the United States Preamble The short and preamble explains the goals ofthe new government under the Constitution . the People of the United States , in Order to form a more perfect Union , establish Justice , insure domestic Tranquility , provide for the common defense , promote the general Welfare , and secure the Blessings of Liberty to ourselves and our Posterity , do ordain and establish this Constitution for the United States of America . Note The parts of the Constitution that have been lined through are no longer in force or no longer apply because of later titles of the sections and articles are added for easier reference .

Article I The Legislature Section . All legislative Powers herein granted shall be vested in a Congress of the United States , which shall consist of a Senate and House of Representatives . Section . The House of Representatives shall be composed of Members chosen every second Year by the People of the several States , and the in each State shall have the requisite for Electors of the most numerous Branch of the State Legislature . No Person shall be a Representative who shall not have attained to the Age of twenty five Years , and been seven Years a Citizen of the United States , and who shall not , when elected , be an of that State in which he shall be chosen . Number of Representatives Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union , according to their respective Numbers , three The actual shall be made within three Years after the first Meeting of the Congress of the United States , and within every subsequent Term of ten Years , in such Manner as they shall by Law direct . The Number of Representatives shall not exceed one for every thirty Thousand , but each State shall have at Least one ' be made , of New shall The House of Representatives I When vacancies happen in the Representation from any State , the Executive Authority thereof shall issue Writs of Election to fill such Vacancies . and Impeachment The House of Representatives shall choose their Speaker and other Officers and shall have the sole Power of impeachment . Legislative Branch Article I explains how the legislative branch , called Congress , is organized . The chief purpose of the legislative branch is to make laws . Congress is made up of the Senate and the House of Representatives . The House of Representatives The number of members each state has in the House is based on the population of the individual state . In 1329 Congress permanently fixed the size of the House at 435 members . Vocabulary those bound to Service indentured servants all other Persons slaves Enumeration census or official population count CITIZENSHIP AND THE CONSTITUTION

The Vice President The only duty that the Constitution assigns to the vice president is to preside over meetings of the Senate . Modern presidents have usually given their vice presidents more responsibilities . Ifthe ' House of Representatives charges a government official with wrongdoing , the Senate acts as a decide if the official is guilty . How does the power of impeachment represent part of the system of checks and balances ?

Vocabulary temporarily official accusations of federal wrongdoing Section . Number of Senators The Senate of the United States shall be composed of two Senators from each State , for six Years and each Senator shall have one Vote . Immediately after they shall be assembled in of the first Election , they shall be divided as equally as may be into three Classes . The Seats of the Senators of the Class shall be vacated at the Expiration of the second Year , of the second Class at the Expiration of the fourth Year , and of the third Class at the Expiration of the sixth Year , so No Person shall be a Senator who shall not have attained to the Age of thirty Years , and been nine Years a Citizen of the United States , and who shall not , when elected , be an Inhabitant of that State for which he shall be chosen . The Vice President of the United States shall be dent of the Senate , but shall have no Vote , unless they be equally divided . The Senate shall choose their other Officers , and also a dent pro , in the Absence of the Vice President , or when he shall exercise the of President of the United States . The Senate shall have the sole Power to try all When sitting for that Purpose , they shall be on Oath or . When the President of the United States is tried , the Chief Justice shall preside And no Person shall be convicted without the Concurrence of two thirds of the Members present . Punishment for Impeachment Judgment in Cases of Impeachment shall not extend further than to removal from , and to hold and enjoy any of honor , Trust or under the United States but the Party convicted shall nevertheless be liable and subject to Indictment , Trial , Judgment and Punishment , according to Law . Federal Office Terms and Requirements Position Term Minimum Age Residency Citizenship President years 35 14 years in the Vice President years 35 14 years in the court unlimited none none none Justice Senator years 30 state in which elected years Representative years 25 state in which elected years

Section . Congressional Elections The Times , Places and Manner of holding Elections for Senators and Representatives , shall be prescribed in each State by the thereof but the Congress may at any time by Law make or alter such Regulations , except as to the Places of choosing Senators . Section . Each House shall be the Judge of the Elections , Returns and of its own Members , and a Majority of each shall constitute a to do Business but a smaller Number may adjourn from day to Vocabulary day , and may be authorized to compel the Attendance of absent Members , Quorum the minimum in such Manner , and under such Penalties as each House may provide . number of people needed to . Rules and Conduct Each House may determine the Rules of its business ings , punish its Members for disorderly Behaviour , and , with the to Stop of two thirds , expel a Member . salary Each House shall keep a Journal of its Proceedings , and from time to time publish the same , excepting such Parts as may in their ment require Secrecy and the Yeas and Nays of the Members of either House on any question shall , at the Desire of one of those Present , be entered on the Journal . Neither House , during the Session of Congress , shall , without the Consent of the other , adjourn for more than three days , nor to any other Place than that in which the two Houses shall be sitting . Section . The Senators and Representatives shall receive a Compensation for their Services , to be ascertained by Law , and paid out of the Treasury of the United States . They shall in all Cases , except Treason , Felony and Breach of the Peace , be privileged from Arrest during their Attendance at the Session of their respective Houses , and in going to and returning from the same and for any Speech or Debate in either House , they shall not be questioned in any other Place . Continuance term No Senator or Representative shall , during the Time for which he was elected , be appointed to any civil under the Authority of the United States , which shall have been created , or the whereof shall have been increased during such time and no Person ing any under the United States , shall be a Member of either House during his in . CITIZENSHIP AND THE CONSTITUTION

Vocabulary proposed laws ' because members ofthe House are elected every me years , representatives would listen to the public and seek its approval before passing taxes . How does Section address the colonial demand of uo taxation without representation ?

EXPLORING The veto ' power ofthe president is one ofthe important checks and balances inthe Constitution . Why do you think the framers included the ability of Congress to override a veto ?

Section . How a Bill Becomes a Law Bills All Bills for raising Revenue shall originate in the House of Representatives but the Senate may propose or concur with Amendments as on other Bills . Every Bill which shall have passed the House of and the Senate , shall , before it become a Law , be presented to the President of the United States If he approve he shall sign it , but if not he shall return it , with his Objections to that House in which it shall have originated , who shall enter the Objections at large on their Journal , and proceed to reconsider it . If after such Reconsideration two thirds of that House shall agree to pass the Bill , it shall be sent , together with the tions , to the other House , by which it shall likewise be reconsidered , and if approved by two thirds of that House , it shall become a Law . But in all such Cases the Votes of both Houses shall be determined by yeas and Nays , and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively . If any Bill shall not be returned by the President within ten Days ( Sundays excepted ) after it shall have been presented to him , the Same shall be a Law , in like Manner as if he had signed it , unless the Congress by their Adjournment prevent its Return , in which Case it shall not be a Law . Every Order , Resolution , or Vote to which the Concurrence of the Senate and House of Representatives may be ( except on a question of Adjournment ) shall be presented to the dent of the United States and before the Same shall take Effect , shall be approved by him , or being disapproved by him , shall be by two thirds of the Senate and House of Representatives , according to the Rules and Limitations prescribed in the Case of a Bill . How a Bill Becomes a Law A member of the House or the Senate introduces a bill and refers it to a committee . The House or Senate Committee may approve , rewrite , or kill the bill . The House or the Senate debates and votes on its sion of the bill . House and Senate committee members work out the differences between the two versions . Both houses of Congress pass the revised bill .

Section i Powers Granted to Congress i The Congress shall have Power To lay and collect Taxes , Duties , and , to pay the Debts and provide for the common Defense and general Welfare of the United States but all Duties , and shall be uniform throughout the United States To borrow Money on the credit of the United States To regulate Commerce with foreign Nations , and among the several States , and with the Indian Tribes Bankruptcy To establish an uniform Rule of Naturalization , and uniform Laws on the subject of Bankruptcies Vocabulary throughout the United States Native Americans and the Commerce Clause The commerce clause gives Congress the power to regulate with . the Indian Tribes ?

The clause has been interpreted to mean that the states can not tax or interfere with businesses on Indian reservations , but that the federal government can . It recognized American Indian nations had their own governments and laws . These laws , however , can be challenged in federal court . Although tion land usually belongs to the Indian tribes and they govern it selves , the government reserves certain administrative rights . Drawing Conclusions How would you describe the status of American Indian nations underthe commerce clause ?

Duties tariffs To coin Money , regulate the Value thereof , and of foreign Coin , and fix the Standard of Weights and Measures . Counterfeiting To provide for the Punishment of counterfeiting the ' taxes internal taxes on the manufacture , sale , or Securities and current Coin of the United States consumption of a Commodity . Post To establish Post and post Roads 14 Rule of . Patents and Copyrights To promote the Progress of Science and useful a law by a A I . A person becomes a citizen Arts , by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries To constitute Tribunals inferior to the supreme Court International Law To and punish and Felonies on the high Seas , and Offences against the Law of Nations The president signs or vetoes the bill . majority vote of Congress is needed to approve a vetoed bill . Bill becomes a law . a . ANALYZING INFORMATION ' Why do you think the created this complex system lor adopting laws ?

I CITIZENSHIP AND THE CONSTITUTION Vocabulary ' Letters of Marque and Reprisal documents issued by governments allowing merchant ships to arm themselves and attack ships of an enemy nation The Elastic Clause The of the Constitution wanted a national was strong enough to be effective . This section lists the powers given to Congress . The last portion of Section contains the elastic clause . CHAPTER To declare War , grant Letters of Marque and , and make Rules concerning Captures on Land and Water To raise and support Armies , but no Appropriation of Money to that Use shall be for a longer Term than two Years To provide and maintain a Navy 14 . Regulation of the Military To make Rules for the Government and Regulation of the land and naval Forces To provide for calling forth the Militia to execute the Laws of the Union , suppress and repel Invasions Militia To provide for organizing , arming , and disciplining , the Militia , and for governing such Part of them as may be employed in the Service of the United States , reserving to the States , the Appointment of the Officers , and the Authority of training the Militia according to the discipline prescribed by Congress 17 . District of Columbia To exercise exclusive Legislation in all Cases whatsoever , over such District ( not exceeding ten Miles square ) as may , by Cession of particular States , and the Acceptance of Congress , become the Seat of the Government of the United States , and to exercise like ity over all Places purchased by the Consent of the Legislature of the State in which the Same shall be , for the Erection of Forts , Magazines , Arsenals , and other needful Buildings 18 . Necessary and Proper Clause To make all Laws which shall be and proper for carrying into Execution the foregoing Powers , and all other Powers vested by this Constitution in the Government of the United States , or in any Department or Officer thereof . The Elastic Clause The elastic clause has been stretched ( like elastic ) to allow Congress to meet changing circumstances . Section . Powers Denied Congress . Slave Trade I

The Privilege of the Writ of Habeas Corpus shall not be suspended , unless when in Cases of Rebellion or Invasion the public Safety may require it . Illegal Punishment No Bill of Attainder or ex post facto Law shall be passed . No Capitation , or other direct , Tax shall be laid , unless in Proportion to the Census or enumeration herein before directed to be taken . No Tax or Duty shall be laid on Articles exported from any State . No Preference shall be given by any Regulation of or Revenue to the Ports of one State over those of another nor shall Vessels bound to , or from , one State , be obliged to enter , clear , or pay Duties in another . No Money shall be drawn from the Treasury , but in Consequence of Appropriations made by Law and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be from time to time . No Title of Nobility shall be granted by the United States And no Person holding any of or Trust under them , shall , without the Consent of the Congress , accept of any present , Emolument , or Title , of any kind whatever , from any King , Prince , or foreign State . Section 10 . Powers Denied the States No State shall enter into any Treaty , Alliance , or grant Letters of Marque and Reprisal coin Money emit Bills of Credit make any Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill of Attainder , ex post facto Law , or Law impairing the Obligation of Contracts , or grant any Title of Nobility . Import and Export Taxes No State shall , without the Consent of the Congress , lay any or Duties on Imports or Exports , except what may be absolutely necessary for executing it inspection Laws and the net Produce of all Duties and , laid by any State on Imports or Exports , shall be for the Use of the Treasury of the United States and all such Laws shall be subject to the Revision and Control of the Congress . Peacetime and War Restraints No State shall , without the Consent of Congress , lay any Duty of Tonnage , keep Troops , or Ships of War in time of Peace , enter into any Agreement or Compact with another State , or with a foreign Power , or engage in War , unless actually invaded , or in such Danger as will not admit of delay . EXPLORING Although Congress has implied powers , there are also limits to its powers . Section lists powers that are denied to the federal government . Several of the clauses people of the United States from unjust treatment . In what ways does the Constitution limit the powers of the federal government ?

Vocabulary Writ of Habeas Corpus a court requires the government to bring a court and explain why he or she is being held Bill of Attainder a law declaring that a person is guilty of a particular crime ' ex post facto Law a law that is made effective prior to the date that it was passed and therefore punishes people for acts that were not illegal capitation a direct uniform tax imposed on each head , or person CITIZENSHIP AND THE CONSTITUTION

Executive Branch The president is the chief ofthe executive branch . It is the job ofthe president to enforce the laws . The framers wanted the president and vice terms of office and manner of selection to be different from those of members of Congress . They decided on terms , but they had a difficult time agreeing on howto president and vice president . The framers finally set up an electoral system , which varies our electoral process today . Presidential Elections In 1845 Congress setthe Tuesday following the first Monday in November of every fourth year as the general election date for selecting presidential electors . CHAPTER Article II The Executive Section . The Presidency The executive Power shall be vested in a President of the United States of America . He shall hold his during the Term of four Years , and , together with the Vice President , chosen for the same Term , be elected , as follows Each State shall appoint , in such Manner as the thereof may direct , a Number of Electors , equal to the whole ber of Senators and Representatives to which the State may be entitled in the Congress but no Senator or Representative , or Person holding an of Trust or under the United States , shall be appointed an Elector . us ve a we ' i east , The Electoral College GEOGRAPHY INTERPRETING MAPS Place What two states have the most electors ?

es , I . Election Day The Congress may determine the Time of choosing the Electors , and the Day on which they shall give their Votes which Day shall be the same throughout the United States . No Person except a natural born Citizen ' shall be eligible to the of President neither shall any Person be eligible to that who shall not have attained to the Age of thirty Years , and been fourteen Years a Resident within the United States . In Case of the Removal of the President from Office , or of his Death , Resignation , or Inability to discharge the Powers and Duties of the said , the Same shall devolve on the Vice President , and the may by Law provide for the Case of Removal , Death , Resignation or Inability , both of the President and Vice President , declaring what shall then act as President , and such Officer shall act accordingly , until the Disability be removed , or a President shall be elected . The President shall , at stated Times , receive for his Services , a Compensation , which shall neither be increased nor diminished during the Period for which he shall have been elected , and he shall not receive within that Period any other Emolument from the United States , or any of them . Before he enter on the Execution of his , he shall take the following Oath or I do solemnly swear ( or ) that I will faithfully execute the of President of the United States , and will to the best of my Ability , preserve , protect and defend the of the United The youngest elected president was John Kennedy he was 43 years old when he was inaugurated . Theodore Roosevelt was 42 when he assumed office after the assassination of McKinley . What is the minimum required age for the office of president ?

Presidential Salary In 1999 Congress voted to set future presidents salaries at per year . The president also receives an annual expense account . The president must pay taxes only on the salary . CITIZENSHIP AND THE CONSTITUTION Commander in Chief Today the president is in charge ofthe army , navy , air force , marines , and coast guard . Only Congress , however , can decide ifthe United States will declare war . Appointments Most of the appointments to office must be approved by the Senate . Vocabulary Reprieves delays of punishment Pardons the legal penalties associated with a crime The State of the Union Every year the president presents to Congress a State of the Union message . In this message , the president introduces and explains a legislative plan for the coming year . CHAPTER Section . Powers of Presidency The President shall be Commander in Chief of the Army and Navy of the United States , and of the Militia of the several States , when called into the actual Service of the United States he may require the Opinion , in writing , of the principal Officer in each of the executive Departments , upon any Subject relating to the Duties of their respective Offices , and he shall have Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment . Appointments He shall have Power , by and with the Advice and Consent of the Senate , to make Treaties , provided two thirds of the Senators present concur and he shall nominate , and by and with the Advice and Consent of the Senate , shall appoint Ambassadors , other public Ministers and Consuls , Judges of the supreme Court , and all other Officers of the United States , whose Appointments are not herein otherwise for , and which shall be established by Law but the Congress may by Law vest the Appointment of such inferior , as they think proper , in the President alone , in the Courts of Law , or in the Heads of Departments . The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate , by granting Commissions which shall expire at the End of their next Session . Section . Presidential Duties He shall from time to time give to the Congress Information of the State of the Union , and recommend to their Consideration such Measures as he shall judge necessary and expedient he may , on extraordinary Occasions , convene both Houses , or either of them , and in Case of Disagreement between them , with Respect to the Time of Adjournment , he may adjourn them to such Time as he shall think proper he shall receive Ambassadors and other public Ministers he shall take Care that the Laws be faithfully executed , and shall Commission all the of the United States . Section . Impeachment The President , Vice President and all civil of the United States , shall be removed from on Impeachment for , and Conviction of , Treason , Bribery , or other high Crimes and Misdemeanors .

Article III Section . Federal Courts and Judges The judicial Power of the United States shall be vested in one supreme Court , and in such inferior Courts as the Congress may from time to time ordain and establish . The Judges , both of the supreme and inferior Courts , shall hold their during good Behavior , and shall , at stated Times , receive for their Services a Compensation , which shall not be diminished during their Continuance in Office . Section . Authority of the Courts The judicial Power shall extend to all Cases , in Law and Equity , arising under this Constitution , the Laws of the United States , and Treaties made , or which shall be made , under their Authority all Cases affecting Ambassadors , other public Ministers and Consuls all Cases of admiralty and maritime Jurisdiction Controversies to which the United States shall be a Party Controversies between two or more States Citizens of different States Citizens of the same State claiming Lands under Grants of different States In all Cases affecting Ambassadors , other public and Consuls , and those in which a State shall be Party , the supreme Court shall have original Jurisdiction . In all the other Cases before mentioned , the supreme Court shall have appellate Jurisdiction , both as to Law and Fact , with such Exceptions , and under such Regulations as the Congress shall make . Federal Judicial System Supreme Court Reviews cases appealed from lower federal courts and highest state courts Courts of Appeals Review appeals from district courts District Courts Judicial Branch The Articles of Confederation did not set up a federal court system . One of the first points that the framers of the Constitution agreed upon was to set up a national judiciary . In the Judiciary Act of 1789 , Congress provided forthe establishment of lower courts , such as district courts , circuit courts of appeals , and various courts . The judicial system provides a check on the legislative branch it can declare a law unconstitutional . CITIZENSHIP AND THE CONSTITUTION 161

Vocabulary Corruption of Blood punishing the family of a person convicted Wanted to ensure that citizens could determine how state governments would operate . How does the need to respect the laws of each state support the principle oi popular sovereignty ?

The Trial of all Crimes , except in Cases of Impeachment , shall be by Jury and such Trial shall be held in the State where the said Crimes shall have been committed but when not committed within any State , the Trial shall be at such Place or Places as the Congress may by Law have directed . Section . Treason against the United States , shall consist only in ing War against them , or in adhering to their Enemies , giving them Aid and Comfort . No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act , or on Confession in open Court . The Congress shall have Power to declare the Punishment of Treason , but no Attainder of Treason shall work Corruption of Blood , or Forfeiture except during the Life of the Person attainted . Article IV Relations among States i Section . State Acts and Records Full Faith and Credit shall be given in each State to the public Acts , Records , and judicial Proceedings of every other State . And the Congress may by general Laws prescribe the Manner in which such Acts , Records and shall be proved , and the Effect thereof . Section . Rights of Citizens The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States . A Person charged in any State with Treason , Felony , or er Crime , who shall from Justice , and be found in another State , shall on Demand of the executive Authority of the State from which he , be delivered up , to be removed to the State having Jurisdiction of the Crime . Fugitive Slaves NeP . a ,

Federalism National Declare war Establish and maintain schools Shared Maintain armed forces . and ' Establish local governments foreign trade and order Regulate Admit new states Establish ' Make Charter banks . get Standard Weighs Provide for public safety and measures ' COWS Assume other powers not . coin money Provide for delegated to the Establish foreign public welfare or pro I Ite Make all laws necessary and proper for carrying out delegated powers SKI LI . ANALYZING INFORMATION Why does the power to declare war belong only to the national government ?

Section . New States may be admitted by the Congress into this Union but no new State shall be formed or erected within the Jurisdiction of any other State nor any State be formed by the Junction of two or more States , or Parts of States , without the Consent of the Legislatures of the States concerned as well as of the Congress . Authority The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States and nothing in this shall be so construed as to Prejudice any Claims of the United States , or of any particular State . Section . Guarantees to the States The United States shall guarantee to every State in this Union a Republican Form of Government , and shall protect each of them against Invasion and on Application of the Legislature , or of the Executive ( when the Legislature can not be convened ) against domestic Violence . The States States must laws , records , and court decisions of other states . A person can not escape a legal obligation by moving from one state to another . In a republic , voters elect representatives to act in their best interest . How does Article IV protect the practice of republicanism in the United States ?

CITIZENSHIP AND THE CONSTITUTION founders may not have realized how long the Constitution would last , but they did set up a system for changing or adding to it . They did not want to make it easy to change the Constitution . By what methods may the Constitution be amended ?

Under what sorts of circumstances do you think an might be necessary ?

National Supremacy One of the biggest problems facing the delegates to the Constitutional Convention was the question of what would happen if a state law and a federal law conflicted . Which law would be followed ?

Who would decide ?

The second clause of Article VI answers those questions . When a federal law and a state law disagree , the federal law overrides the state law . The Constitution and laws are the supreme Law of the Land . This clause is often called the supremacy clause . Amending the Constitution The Congress , whenever two thirds of both Houses shall deem it necessary , shall propose Amendments to this Constitution , or , on the Application of the Legislatures of two thirds of tion for proposing Amendments , and Purposes , as Part of this the several States , shall call a hich , in either Case , shall be valid to all Constitution , when by the of three fourths of the several States , or by Conventions in three fourths thereof , as the one or the other Mode of may be posed by the Congress Provided th at affect the in Article VI National Government All Debts contracted and ents entered into , before the Adoption of this Constitution , shall be as valid against the United States under this Constitution , as under the Confederation . This Constitution , and the Laws of the United States which shall be made in Pursuance of and all Treaties made , or which shall be made , under the Authority of the United States , shall be the supreme Law of the Land and the Judges in every State shall be bound thereby , any Thing in the Constitution or Laws of any State to the notwithstanding . The Senators and before mentioned , and the Members of the eral State Legislatures , and all executive and judicial , both of the United States and of the several States , shall be bound by Oath or , to support this Constitution but no religious Test shall ever be required as a to any or public Trust under the United States . Amending the Constitution Amendments can be proposed by Congress National Convention . mu I with a called by Congress vote in each house at the request of of the state legislatures Ratified by Legislatures Conventions of of in of the states of the states Amendment is added to the Constitution .

Ratification The of the Conventions of nine States , shall be for the Establishment of this Constitution between the States so ratifying the Same . Ratification The Articles of Confederation called for all 13 approve any revision to the Done in Convention by the Unanimous Consent of the States present the Articles . The Constitution Seventeenth Day of September in the Year of our Lord one thousand seven required the Out Of the hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed st ?

OUT Delaware , on December , 1787 . Almost Georg ?

half years later , on May 29 , President and deputy from Virginia Delaware South Carolina New York George Read Rutledge Alexander Hamilton Gunning Bedford Ir . Charles Dickinson New jersey Richard Charles William Livingston Broom Pierce Butler David William Georgia Jonathan Dayton William Few Daniel of Abraham Baldwin Pennsylvania Thomas Daniel Carroll Benjamin Franklin New Thomas Mifflin Langdon Robert Morris Virginia Nicholas George Blair Thomas Madison Ir . Massachusetts Jared Nathaniel lam North Carolina King Morris William Richard Dobbs Connecticut Hugh William Samuel Johnson William Jackson Secretary Roger Sherman 1790 , Rhode Island became the last state to ratify the Constitution . CITIZENSHIP AND THE CONSTITUTION

Bill of Rights One of the conditions set by several states for ratifying the Constitution was the inclusion of a bill of rights . Many people feared that a stronger central government away basic rights of the people that had been guaranteed in state constitutions . The First ' Amendment forbids Congress from making any law respecting an establishment of religion or restraining the freedom to practice religion as one chooses . Why is freedom of religion an imponant right ! Rights of the Accused The Fifth , Sixth , and Seventh Amendments describe the procedures that courts must follow when trying people accused of crimes . Vocabulary quartered housed Warrants written orders authorizing a person to make an arrest , a seizure , or a search infamous disgraceful indictment the act of charging with a crime Freedom of Religion Constitutional Amendments Note The 10 amendments to the Constitution were on December , and form what is known as the Bill of Rights . Bill of Amend ment I Congress shall make no law respecting an establishment of religion , or the free exercise thereof or abridging the freedom of speech , or of the press or the right of the people peaceably to assemble , and to petition the Government for a redress of grievances . Amendment II A well regulated Militia , being necessary to the security of a free State , the right of the people to keep and bear Arms , shall not be infringed . Amendment Ill No Soldier shall , in time of peace be quartered in any house , without the consent of the Owner , nor in time of war , but in a manner to be prescribed by law . Amendment IV The right of the people to be secure in their persons , houses , papers , and effects , against unreasonable searches and seizures , shall not be violated , and no Warrants shall issue , but upon probable cause , supported by Oath or , and particularly describing the place to be searched , and the persons or things to be seized . Amendment No person shall be held to answer for a capital , or otherwise infamous crime , unless on a presentment or indictment of a Grand Jury , except in Fundamental Liberties Freedom of Speech

cases arising in the land or naval forces , or in the Militia , when in actual service in time of War or public danger nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself , nor be deprived of life , liberty , or property , without due process of law nor shall private property be taken for public use , without just compensation . Amend ment VI In all criminal prosecutions , the accused shall enjoy the right to a speedy and public trial , by an impartial jury of the State and district wherein the crime shall have been committed , which district shall have been ascertained by law , and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor , and to have the Assistance of Counsel for his defence . Amendment VII In suits at common law , where the value in controversy shall exceed ty dollars , the right of trial by jury shall be preserved , and no fact tried by a jury , shall be otherwise reexamined in any Court of the United States , than according to the rules of the common law . Amendment VIII Excessive bail shall not be required , nor excessive imposed , nor cruel and unusual punishments . Amendment IX The enumeration in the Constitution , of certain rights , shall not be to deny or disparage others retained by the people . Amendment The powers not delegated to the United States by the Constitution , nor prohibited by it to the States , are reserved to the States respectively , or to the people . a ! Freedom of the Press Trials The Sixth Amendment makes several guarantees , including a and a trial by a jury chosen from the state and district in which the crime was committed . Vocabulary ascertained found out ' and Tenth The Ninth Amendments were added because not every right ofthe people or ofthe states could be listed in the Constitution . How do the Ninth and Tenth Amendments limit the power of the federal government ?

Freedom to Petition the Government Amendments to the Constitution The Constitution has been amended only 27 times since it was more than 200 years ago . Amendments help the structure of the government change along with the 1310 values of the nation people . Read the time line below to Amendment 15 learn how each amendment changed the government . prohibits national and state governments from denying the vote based on race 1865 Bill of Rights Amendment 13 Amendments Bans slavery 1195 1804 1868 Amendment 11 Amendment 12 Amendment 14 Protects the states Requires separate Defines citizenship from lawsuits filed ballots for the and citizens rights by citizens of other offices of president states or countries and vice president Amendments Amendment XI Voca I aw Passed by Congress March , 1794 . February , 1795 . The Judicial power of the United States shall not be construed to extend interpreted to any suit in law or equity , commenced or prosecuted against one of the United States by Citizens of another State , or by Citizens or Subjects of any Foreign State . i Amendment XII Vice President Passed by Congress December , 1803 . June 15 , 1804 . The Twelfth Amendment changed the election The Electors shall meet in their respective states and vote by ballot for President and dent and , one of whom , at least , shall not be an inhabitant Vice president of the same state with themselves they shall name in their ballots the person voted for as President , and in distinct ballots the person voted for as , and they shall make distinct lists of all persons voted for as President , and of all persons voted for as , and of the number of votes for each , which lists they shall sign and certify , and transmit sealed to the seat of the government of the United States , directed to the President of the Senate President of the Senate shall , in the presence of the 168 CHAPTER

1961 Amendment 23 Gives citizens of Washington , the right to vote in presidential elections 1920 Amendment 19 1954 Extends the right Amendment 24 1919 to vote to women 33115 Amendment 18 Bans the making , 1971 selling , and 1933 Amendment 26 shipping of Amendment 21 Gives the right to vote beverages Repeals Amendment 18 in federal and state elections 1920 1970 2000 1961 1992 1913 1933 1951 Amendment 25 Amendment 27 Amendment 16 Amendment 20 Amendment 22 Establishes procedures for Limits the ability Allows Congress to Changes the date Limits terms a presidential succession of Congress to tax incomes for starting a new president can increase its pay Establishes the new president , direct election of ( READING TIME senators . How are the Eighteenth and Amendments related ?

Which amendments relate to the right to vote ?

Senate and House of Representatives , open all the and the votes shall then be counted person having the greatest number of votes for President , shall be the President , if such number be a majority of the whole number of Electors appointed and if no person have such majority , then from the persons having the highest numbers not exceeding three on the list of those voted for as President , the House of Representatives shall choose immediately , by ballot , the President . But in choosing the dent , the votes shall be taken by states , the representation from each state having one vote a quorum for this purpose shall consist of a member or members from of the states , and a majority of all the states shall be necessary to a choice . before the next , person having the greatest number of votes as , shall be the , if such number be a majority of the whole number of Electors appointed , and if no person have a majority , then from the two highest numbers on the list , the Senate shall choose the a quorum for the purpose shall consist of of the whole number of Senators , and a majority of the whole number shall be necessary to a choice . But no person constitutionally ineligible to the office of President shall be eligible to that of of the United States . CITIZENSHIP AND THE CONSTITUTION

Abolishing Slavery Although some slaves had been freed during the Civil War , slavery was not abolished until the Thirteenth Amendment took effect . Protecting the Rights of Citizens In 1833 the Supreme Court ruled that the Bill of Rights limited the federal government but not the state governments . This ruling was interpreted to mean that states were able to keep African Americans from becoming state citizens and keep the Bill of Rights from protecting them . The Fourteenth Amendment defines citizenship and prevents states from interfering in the rights of citizens of the United States . Vocabulary involuntary servitude being forced to work against one will CHAPTER Amendment XIII Passed by Congress January 31 , 1865 . December , 1865 . Neither slavery nor involuntary servitude , except as a punishment for crime whereof the party shall have been duly , shall exist within the United States , or any place subject to their jurisdiction . Congress shall have power to enforce this article by appropriate legislation . Amendment XIV Passed by Congress June 13 , 1866 . July , 1868 . All persons born or naturalized in the United States , and subject to the jurisdiction thereof , are citizens of the United States and of the State wherein they reside . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life , liberty , or , without due process of law nor deny to any person within its tion the equal protection of the laws . Representatives shall be apportioned among the several States according to their respective numbers , counting the whole number of persons in each State , But when the right to vote at any election for the choice of electors for President and President of the United States , Representatives in Congress , the Executive and Judicial of a State , or the members of the Legislature thereof , is denied to any of the male inhabitants of such State , and citizens of the United States , or in any way abridged , except for participation in rebellion , or other crime , the basis of representation therein shall be reduced in the proportion which the number of such citizens shall bear to the whole number of male citizens in such State . Rebels Banned from Government No person shall be a Senator or in Congress , or elector of President and , or hold any office , civil or military , under the United States , or under any State , who , having previously taken an oath , as a member of Congress , or as an officer of the United States , or as a member of any State legislature , or as an executive or judicial of any State , to support the Constitution 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 of each House , remove such disability . The validity of the public debt of the United States , authorized by law , including debts incurred for payment of pensions and

The Thirteenth , Fourteenth , and Fifteenth Amendments are often called the Reconstruction ments . This is because they arose during Reconstruction , the period of American history following the Civil War . The country was ing itself after that terrible conflict . A key aspect of Reconstruction was extending the rights of citizenship to former slaves . The Thirteenth Amendment banned slavery . The Fourteenth Amendment required states to respect the freedoms listed in the Bill of Rights , thus preventing states from denying rights to African Americans . The Fifteenth Amendment gave can American men the right to vote . African Americans participate in an election . ANALYZING INFORMATION Why was the Thirteenth Amendment needed ?

bounties for services in suppressing insurrection or rebellion , shall not be questioned . But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States , but all such debts , obligations and claims shall be held illegal and void . The Congress shall have the power to enforce , by legislation , the provisions of this article . A me Passed by Congress February 26 , 1869 . February , 1870 . Rights The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race , color , or previous condition of servitude . The Congress shall have the power to enforce this article by appropriate legislation . CITIZENSHIP AND THE CONSTITUTION

The ' Seventeenth Amendment requires that senators be elected directly by the people instead of by the state legislatures . What principle of our government does the Seventeenth Amendment protect ?

Prohibition Although many people believed that the Eighteenth Amendment was good for the health and welfare of the American people , it was repealed 14 years later . CHAPTER Amendment XVI Passed by Congress July , 1909 . February , 1913 . The Congress shall have power to lay and collect taxes on incomes , from whatever source derived , without apportionment among the several States , and without regard to any census or enumeration . Amendment XVII Passed by Congress May 13 , 1912 . April , 1913 . Elected by Citizens The Senate of the United States shall be composed of two Senators from each State , elected by the people thereof , for six years and each Senator shall have one vote . The electors in each State shall have the requisite for electors of the most ous branch of the State legislatures . When vacancies happen in the representation of any State in the Senate , the executive authority of such State shall issue writs of tion to such vacancies Provided , That the legislature of any State may empower the executive thereof to make temporary appointments until the people the vacancies by election as the legislature may direct . Future Elections Amendment XVIII Passed by Congress December 18 , 1917 . January 16 , 1919 . Repealed by . Liquor Banned

women Fight for the Vote To become part of the Constitution , a proposed amendment must be ratified by of the states . Here , ness Kentucky governor Edwin Morrow signing the Nineteenth Amendment in January 1920 . By June of that year , enough states had ratified the amendment to make it part of the Constitution . American women , after generations of struggle , had finally won the right to vote . ANALYSIS SKILL ANALYZING INFORMATION What right did the Nineteenth Amendment grant ?

Amendment Passed by Congress June , 1919 . August 18 , 1920 . Voting Rights The right of citizens of the United States to Vote shall not be denied or abridged by the United States or by any State on account of sex . Congress shall have power to enforce this article by legislation . A me Passed by Congress March , 1932 . January 23 , 1933 . Presidential Terms The terms of the President and the Vice President shall end at noon on the day of January , and the terms of Senators and Representatives at noon on the day , of the years in which such terms would have ended if this article had not been and the terms of their successors shall then begin . CITIZENSHIP AND THE CONSTITUTION Women Suffrage Abigail Adams and others were disappointed that the Declaration of Independence and the Constitution did not specifically include women . It took many years and much campaigning before suffrage forwomen was finally achieved .

Taking Office In the original Constitution , a newly elected president and Congress did nottake office until March , which was four months November election . The officials who were leaving office were called lame ducks because they had little influence during those four months . The Twentieth Amendment changed the date that the new president and Congress take office . Members of Congress now take office during the first week of January , and the president takes office on January 20 . CHAPTER . Meeting of Congress The Congress shall assemble at least once in every year , and such meeting shall begin at noon on the day , unless they shall by law appoint a different day . Succession of Vice President If , at the time for the beginning of the term of the President , the President elect shall have died , the Vice dent elect shall become President . If a President shall not have been chosen before the time for the beginning of his term , or if the President elect shall have failed to qualify , then the Vice President elect shall act as dent until a President shall have and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have , declaring who shall then act as President , or the ner in which one who is to act shall be selected , and such person shall act accordingly until a President or Vice President shall have . Succession by Vote of Congress The Congress may by law provide for the case of the death of any of the persons from whom the House of may choose a President whenever the right of choice shall have devolved upon them , and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them . Amendment Passed by Congress February 20 , 1933 . December , 1933 . Amendment Repealed The eighteenth article of amendment to the Constitution of the United States is hereby repealed . Liquor Allowed by Law The transportation or importation into any State , Territory , or Possession of the United States for delivery or use therein of intoxicating liquors , in violation of the laws thereof , is hereby ited

Amendment Passed by Congress March 21 , 1947 . February 27 , 195 . No person shall be elected to the office of the President more than twice , and no person who has held the of President , or acted as President , for more than two years of a term to which some other person was elected President shall be elected to the office of President more re . After Franklin Roosevelt was elected to four consecutive terms , limits were placed on the number of terms a president could serve . Amendment Passed by Congress June 16 , 1960 . March 29 , 1961 . District of Columbia Represented The District constituting the seat of Government of the United States shall appoint in such manner as may direct A number of electors of President and Vice President equal to the whole ber of Senators and Representatives in Congress to which the District would be entitled if it were a State , but in no event more than the least populous State they shall be in addition to those appointed by the States , but they shall be considered , for the purposes of the election of President and Vice dent , to be electors appointed by a State and they shall meet in the District and perform such duties as provided by the twelfth article of amendment . The Congress shall have power to enforce this article by appropriate legislation . From the time of President George administration , it was a custom for presidents to serve no more than two terms in office . Franklin Roosevelt , however , was elected to four terms . The Amendment restricted presidents to no more than two terms in office . Why do you think citizens chose to limit the power ol the president in this way ! Voting Rights Until the ratification of the Amendment , the people of Washington , could not vote in presidential elections . CITIZENSHIP AND THE CONSTITUTION

Poll taxes were used to deny many poor Americans , ing African Americans and Hispanic Americans , their right to vote . These taxes were made unconstitutional by the Amendment . an PULL TAX Presidential Disability The illness of President Eisenhower in the and the assassination of President Kennedy in 1963 were the events behind the Amendment . The Constitution did not provide a method for a vice take overfor a disabled president or upon the death of a president . This amendment provides for filling the office of the vice president if a vacancy occurs , and it provides a way forthe vice someone else in the line of take over ifthe president is unable to perform the duties ofthat office . CHAPTER Poll Tax Amendment How did poll taxes deny poor Americans the opportunity to vote ! Amendment Passed by Congress August 27 , 1962 . January 23 , 1964 . The right of citizens of the United States to Vote in any primary or other election for President or Vice President , for electors for President or Vice President , or for Senator or Representative in Congress , shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax . The Congress shall have power to enforce this article by appropriate legislation . Amendment Passed by Congress July , 1965 . February 10 , 1967 . of Vice President In case of the removal of the President from or of his death or resignation , the Vice President shall become President . of Vice President Whenever there is a vacancy in the office of the Vice President , the President shall nominate a Vice President who shall take office upon by a majority Vote of both Houses of Congress .

Whenever the President transmits to the dent pro of the Senate and the Speaker of the House of his written declaration that he is unable to discharge the powers and duties of his , and until he transmits to them a written tion to the contrary , such powers and duties shall be discharged by the Vice President as Acting President . Removing the President Whenever the Vice President and a ity of either the principal of the executive departments or of such other body as Congress may by law provide , transmit to the President pro of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the ers and duties of his , the Vice President shall immediately assume the powers and duties of the as Acting President . Thereafter , when the President transmits to the President pro of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists , he shall resume the powers and duties of his unless the Vice President and a majority of either the principal of the executive department or of such other body as Congress may by law provide , transmit within four days to the President pro of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his . Thereupon Congress shall decide the issue , assembling within hours for that purpose if not in session . If the Congress , within days after receipt of the latter written declaration , or , if is not in session , within days after Congress is required to assemble , determines by vote of both Houses that the President is unable to discharge the powers and duties of his , the Vice President shall continue to discharge the same as Acting President otherwise , the President shall resume the powers and duties of his office . Amendment Passed by Congress March 23 , 1971 . July , 1971 . Rights The right of citizens of the United States , who are teen years of age or older , to vote shall not be denied or abridged by the United States or by any State on account of age . The Congress shall have power to enforce this article by appropriate legislation . Amendment Originally proposed September 25 , 1789 . May , 1992 . No law , varying the compensation for the services of the Senators and , shall take effect , until an election of representatives shall have intervened . CITIZENSHIP AND THE CONSTITUTION Expanded Suffrage The Voting Rights Act of 1970 tried to set the voting age at 18 . However , the Supreme Court ruled that the act set the voting age for national elections only , not for state or local elections . The Amendment gave citizens the right to vote in all elections .

SECTION What You Will Learn . The First Amendment basic freedoms to individuals . Other amendments focus on protecting citizens from certain abuses . The rights of the accused are an important part of the Bill of Rights . The rights of states and are protected by the Bill of Rights . The Big Idea The Bill of Rights was added to the Constitution to define clearly the rights and freedoms of citizens . Key Terms and People James Madison , 178 majority rule , 178 petition , 179 search warrant , 180 due process , 180 indict , 180 double jeopardy , 180 , 180 IE Enumerate the powers of government set forth in the and the fundamental liberties ensured bythe Bill of Rights . Understand the functions and responsibilities of a free press . CHAPTER The Bill of Rights If YOU were there Your father runs a bookshop in colonial Boston in 1770 . Your family lives in a very small , brick house . You and your sisters must share one small room . One day , a British officer knocks on your door and strides into the parlor He says that your family will have to provide a room and meals for two British soldiers . were already crowded ! you protest , but he insists . Would you support the British government requirement that colonists provide food and shelter for troops ?

Why ?

BUILDING BACKGROUND People in the American colonies resented the British soldiers stationed in . They objected to sudden searches and to soldiers being housed in private homes . They disliked censorship oftheir newspapers . When the Constitution was written , Americans remembered those wrongs . They insisted on adding a bill of rights to the document . First Amendment Federalist James Madison promised that a bill of rights would be added to the Constitution . This promise allowed the Constitution to pass . In 1789 Madison began writing down a huge list of posed amendments . He then presented a shorter list to the House of Representatives . Of those , the House approved 12 . The states 10 , which took effect December 15 , 1791 . Those 10 ments , called the Bill of Rights , protect citizens individual . The protection of individual liberties is important in a democracy . Without safeguards , people rights would not always be protected because of majority rule . This is the idea that the greatest number of people in society can make policies for everyone . While this means that most people agree on what the law should be , it also means that smaller groups might lose their rights . The Bill of Rights ensures that the rights of all citizens are protected . The ideas spelled out in the First Amendment form the most basic rights of all citizens . These rights include freedom of religion ,

freedom of the press , freedom of speech , dom of assembly , and the right to petition . In the spirit of Thomas Jefferson Statute for Religious Freedom , the First Amendment begins , Congress shall make no law respecting an establishment of religion , or prohibiting the free exercise In other words , the government can not support or interfere with the practice of a religion . This amendment keeps the government from favoring one religion over any other or an official religion . The First Amendment also guarantees dom of speech and of the press . This means that Americans have the right to express their own ideas and views . They also have the right to hear the ideas and views of others . Former senator Margaret Chase Smith discussed why these freedoms are important . The key to , she once said , is public Freedom of speech does not mean that people can say anything they want to , ever . The Constitution does not protect Amendment I Congress shall make no law respecting an of religion , or prohibiting the free cise thereof or abridging the freedom of speech , or ofthe press orthe right of the people ably to assemble , and to petition the Government for a redress of grievances . statements meant to damage someone reputation . Libel , or intentionally writing a lie that harms another person , is not protected , either . The Supreme Court has also ruled that speech that endangers public safety is not protected . For example , Justice Oliver Wendell Holmes declared in 1919 that falsely shouting Fire in a crowded theater is not protected as free speech . Americans also have freedom of assembly , or of holding meetings . Any group may gather to discuss issues or conduct business . If people gather peacefully and do not engage in illegal activities , the government can not interfere . The right to petition , or make a request of the government , is another right of the American people . Any American can present a petition to a government . This right lets cans show dissatisfaction with a law . They can also suggest new laws . Summarizing What rights does the First Amendment guarantee to Americans ?

Workers use the right of assembly to protest a proposed budget in New York City . THE IMPACT TODAY protection has also been applied to symbolic verbal that expresses an idea , such as wearing a protest button .

Amendment II A well regulated Militia , being necessary to the security of a free State , the right of the people to keep and bear Arms , shall not be infringed . Amendment Ill No Soldier shall , in time of peace be quartered in any house , without the consent of the Owner , nor in time of war , but in a be prescribed by law . Amendment IV The right of the people to be secure in their persons , houses , papers , and effects , against unreasonable searches and , shall not be violated , and no Warrants shall issue , but upon probable cause , supported by Oath or affirmation , and particularly describing the place to be searched , and the sons be seized . Protecting Citizens The Second , Third , and Fourth Amendments relate to colonial disputes with Britain and many of the ideals outlined in the Declaration of Independence . The Second Amendment deals with state militias and the right to bear arms . Colonial militias played a big role in the Revolutionary War . The framers of the Constitution thought that the states needed their militias for . Today the National Guard has largely replaced organized state militias . Supporters of laws have argued that the Second Amendment was intended to protect the collective right of states to maintain militia units . Opponents hold that the amendment was meant to protect an individual right of . The meaning of the ment continues to be debated . The Third Amendment prevents the from forcing citizens to house soldiers . Before the Revolution , the British pressured colonists to shelter and feed British soldiers . British leaders also forced colonists to submit to having their property searched for illegal goods . Anger over such actions led to the CHAPTER Fourth Amendment rule against able searches and Before a citizen property can be searched , authorities must now get a search warrant . This order gives authorities permission to search someone property . A judge issues this order only when it seems likely that a search might uncover evidence relating to a crime . In , however , police can make an emergency search . This may preserve evidence needed to prove possible illegal activity . Finding Main Ideas Why were the Third and Fourth Amendments matters of great importance to Americans when the Bill of Rights was written ! Rights of the Accused The Fifth , Sixth , Seventh , and Eighth ments provide guidelines for protecting the rights of the accused . According to the Fifth Amendment , the government can not ish anyone without due process of law . This means that the law must be fairly applied . A grand jury decides if there is enough to indict ( or formally accuse , a person . Without an indictment , the court can not try anyone for a serious crime . The Fifth Amendment also protects people from having to testify at their own criminal trial . To keep from testifying , a person need only take the In addition , anyone found not guilty in a criminal trial can not face . In other words , he or she can not be tried again for the same crime . The clause of the Fifth ment states that no one can have property taken without due process of law . There is one exception the govemment power of eminent domain . This is the power to take personal property to benefit the public . One example would be taking private land to build a public road . However , the government must pay the owners a fair price for the property . If the property was gained illegally , then the owners are not paid .

The Sixth Amendment protects rights of a person who has been indicted . It tees that person a speedy public trial . Public trials ensure that laws are being followed by allowing the public to witness the ings . Accused people have the right to know the charges against them and can hear and question witnesses testifying against them . Accused people have the right to an . If they can not pay for legal service , the must provide it . Sometimes accused persons refuse their Sixth Amendment rights . For example , some defendants refuse the vices of an , while others choose to have a trial in front of a judge alone instead of before a jury . In many cases , defendants can forgo trial and agree to a plea bargain . This means that a defendant pleads guilty to a lesser charge and avoids risking conviction for a crime with a greater sentence . The Seventh Amendment states that juries can decide civil cases . It is possible to harm another person without committing a crime . In such cases , the injured party may sue , or seek justice , in a civil court . Civil cases ally involve disputes over money or property For example , someone might bring a civil suit against a person who refuses to repay a debt . Amendment No person shall be held to answerfor a capital , or otherwise infamous crime , unless on a presentment or indictment of a Grand , except in cases arising in the land or naval forces , or inthe , when in actual service intime public danger nor shall any person be subject forthe same offence to be twice put in jeopardy of life or limb nor shall be in any criminal case to be a witness against himself , nor be deprived of life , liberty , or property , without due process of law nor shall private property for public use , without just compensation . Amendment VI In all criminal prosecutions , the accused shall enjoy the right to a speedy and public trial , by an impartial jury of the State and district wherein the crime shall have been committed , which district shall have been previously ascertained by law , and to be informed of the nature and cause of the tion to be confronted with the witnesses against him to have process for obtaining witnesses in his favor , and to have the Assistance of Counsel for his defence . Amendment VII In suits at common law , where the value in controversy shall exceed twenty dollars , the right of trial by jury shall be served , and by a jury , shall be ined in any Court of the United States , than according to the rules ofthe common law . witness in a , California . CITIZENSHIP 181

Amendment VIII Excessive bail shall not be required , nor excessive fines imposed , nor cruel and unusual punishments inflicted . A Right to Bail The Eighth Amendment allows for bail . Bail is a set amount of money that defendants promise to pay the court if they fail to appear in court at the proper time . By posting , or paying , bail , a defendant can avoid staying in jail before and during a trial . If a defendant does not show up in court for trial , the court demands the bail money be paid and issues a warrant for arrest . The Eighth Amendment keeps courts from setting unfairly high bail . However , cases of very serious crimes , a judge may refuse to set bail altogether . This can be the case , for example , if the court regards a defendant as being potentially dangerous to the public by being left free . A judge can also deny bail if he or she thinks the defendant will not show up for trial . In such cases the defendant must remain in jail through the trial . Cruel and Unusual Punishments The Eighth Amendment also bans cruel and unusual punishments against a person of a crime . For many years , Americans have debated the question of what exactly constitutes cruel and unusual punishment . The debate has often centered on the issue of capital punishment . In 1972 the Supreme Court ruled that the way in which most states carried out the death penalty was cruel and unusual . The Court also found that the ways in which many states sentenced people to death were unfair . However , a few years later , the Court ruled that not all executions were in themselves cruel and unusual . Most states still allow the death . Those that do must follow the Supreme Court rules . To do so , many states have changed the ways in which they carry out the death penalty . Summarizing What isthe purpose ofthe Eighth Amendment ! CHAPTER Rights of States and Citizens The two amendments in the Bill of Rights give a general protection for other rights not addressed by the first eight amendments . These amendments also reserve some mental powers for the states and the people . Ninth Amendment The Ninth Amendment says that the rights listed in the Constitution are not the only rights that citizens have . This amendment has allowed the courts and Congress to decide other basic rights of citizens . Tenth Amendment The Constitution does not address the tion of education . However , most Americans believe that it is a basic and essential right . This seems especially true in View of the fact that American citizens must be able to Amendment IX The enumeration in the Constitution , of certain rights , shall not be construed to deny or age others retained bythe people . Amendment The powers not delegated to the United States by the Constitution , nor prohibited by it to the States , are reserved to the States respectively , orto the people .

vote for the people who represent them in government . Education is not just another consumer item . It is the bedrock tion of our democracy , explained leader Mary . Today state governments offer free education from elementary to high all citizens . The Tenth Amendment recognizes that the states and the people have additional powers . These powers are any ones that the Constitution does not give to delegated powers . The Tenth Amendment makes it clear that any powers not either delegated to the federal ment or prohibited to the states belong to the states and the people . Thus , the last ment in the Bill of Rights protects citizens rights . It helps to keep the balance of power between the federal and state governments . Summarizing How Tenth Amendment protect the rights of citizens ?

SUMMARY AND PREVIEW In this section you learned about the Bill of Rights . In the next section you will learn about the responsibilities of citizenship . Students learn about the rights and responsibilities of being a citizen . Section Assessment go him ( am online Quiz KEYWORD Reviewing Ideas , Terms , and People . a . Identify What basic rights are protected by the First Amendment ?

Explain What does the right to petition the ment mean ?

Elaborate Why is freedom of the press an important right ?

a . Describe How are citizens protected under the Third and Fourth Amendments ?

Draw Conclusions In what ways did British actions before the Revolution lead to the Second , Third , and Fourth Amendments ?

a . Identify What protections does the Eighth Amendment provide for people accused of crimes ?

Elaborate Why is it important that the Bill of Rights protects people accused of crimes ?

a . Recall What is the purpose of the final two ments in the Bill of Rights ?

Analyze How does the Tenth Amendment balance power between national and state governments ?

Critical Thinking . Summarizing Copy the chart below . Use it to summarize the rights guaranteed to citizens by each amendment in the Bill of Rights . Amendment Right FOCUS ON WRITING . Gathering Information about the Bill of Rights What freedoms are guaranteed by the Bill of Rights ?

Make a list of the most important freedoms . You list those freedoms on the third page of your pamphlet . CITIZENSHIP AND THE CONSTITUTION What You Will Learn . Citizenship in the United States is determined in eral ways . Citizens are expected to fulfill a number of important duties . Active citizen involvement in government and the encouraged . The Big Idea American citizenship involves great privileges and serious responsibilities . Key Terms naturalized citizens , 184 deport , 184 draft , 185 political action committees , 186 interest groups , 186 IE Describe the basic process and how the Constitution provides numerous opportunities for citizens to pate in the political process and to monitor and influence government ( function of elections , political parties , interest groups ) CHAPTER Rights and Responsibilities of Citizenship If YOU were there Your older brother and his friends have just turned 18 . That means they must register with selective service . But it also means that they are old enough to vote in national elections . You are ested in the upcoming elections and think it would be exciting to have a real voice in politics . But your brother and his friends dont even plan to register to vote . How would you persuade your brother that voting is important ?

BUILDING BACKGROUND Whether you are born an American citizen or become one later , citizenship brings many rights and leges . But it also brings duties and responsibilities . Voting is both a right and a responsibility . Gaining . Citizenship People become citizens in several ways . First , anyone born in the United States or a territory it controls is a citizen . People born in a foreign country are citizens if at least one parent is a zen . people whose parents are not citizens must move to the United States to become naturalized citizens . Once in the United States , they go through a long process before applying for citizenship . If they succeed , they become naturalized citizens , ing them most of the rights and responsibilities of other citizens . In the United States , legal immigrants have many of the rights and responsibilities of citizens but can not vote or hold public office . The government can deport , or return to the country of origin , immigrants who break the law . Legal immigrants over age 18 may request naturalization after living in the United States for years . All legal immigrants have to

support themselves . If not , one must assume responsibility for them . Immigrants must be and support the Constitution . They must demonstrate understanding of written and spoken English . They also must show basic knowledge of history and government . When this is done , candidates go before a naturalization court and take an oath of allegiance to the United States . They then get of naturalization . Only two differences between naturalized and citizens exist . Naturalized can lose their , and they not become president or vice president . Many famous Americans have been naturalized , including scientist Albert Einstein and former secretary of state Madeleine Albright . Drawing Conclusions Why does law have such demanding ments for people to become naturalized citizens ! Duties of Citizenship For a representative democracy to work , Americans need to their civic duties . The stakes . too high for government to be a spectator sport , former Texas woman Barbara Jordan once said . Citizens elect to make laws for them . In turn , citizens must obey those laws and respect the authorities who enforce them . Obeying laws includes knowing what they are and staying informed about es . Ignorance of a law will not prevent a son from being punished for breaking it . Another duty is paying taxes for vices such as public roads , police , and schools . People pay sales taxes , property taxes , and tariffs . Many Americans also pay a tax on their income to the federal , and times state , government . Citizens have the duty to defend the nation . Men 18 years or older must ter with selective service . In the event of a draft , or required military service , those able Becoming a Citizen For many people around the world , becoming a citizen of the United States is a lifelong dream . highlight of the naturalization process is the ceremony where candidates promise to support and defend the Constitution and laws of the United States of America . to are already registered . Although women do not register , many serve in the armed forces . Americans have the right to a trial by jury under the Sixth Amendment . To protect this right , citizens should be willing to serve on a jury when they are called . Otherwise , ing each person Sixth Amendment rights would be . Making inferences Why does citizenship carry with it certain responsibilities ?

CITIZENSHIP AND THE CONSTITUTION Responsibilities of Citizens For representative democracy to work , citizens must do their part . Each activity pictured here serves an important role in the community . ACADEMIC VOCABULARY change or have an effect on Citizens and Government Taking part in the elections process by voting may be a citizen most vital duty . Through free elections , citizens choose who will lead their government . Function of Elections It is essential for citizens to learn as much as they can about the issues and candidates before voting . Information is available from many sources the Internet , newspapers , television , and other media . However , ers should also be aware that some material may be propaganda or material that is biased deliberately to help or harm a cause . In addition to voting , many Americans choose to campaign for candidates or issues . Anyone can help campaign , even if he or she is not eligible to vote . Many people also help campaigns by giving money directly or through political action committees ( PACs ) groups that collect money for candidates who support certain issues . Government Even after an election , people can . Political participation is part of our nation identity and tradition . When colonists protested British rule in the , they formed committees and presented their views to political leaders . As the new American nation grew , so did political participation . French diplomat CHAPTER Military Service Alexis de visited the United States in 1831 to study American democracy . He was amazed at the large number of political groups Americans participated in . He wrote about them What political power could ever carry on the vast multitude large number takings which the American citizens perform every day , with the assistance of the principle of association joining a group ?

Nothing , in my opinion , is more deserving of our tion than the intellectual and moral tions of de , Democracy in America citizens sometimes work with interest groups . These groups of people share a common interest that motivates them to take political action . Interest groups speeches and rallies to support their cause . However , citizens need not join a group to government . They can write letters to leaders of government or attend city council meetings . Active political participation is an important duty for citizens and immigrants alike . Helping the Community Commitment to others moves many Americans to volunteer in community service groups . Some small communities rely on volunteers for services such as protection and law enforcement . Other volunteer groups help sponsored agencies . For example , Citizens on

Obey the Law Which responsibilities can you fulfill now , without waiting until you turn 18 years old ?

Patrol and Neighborhood Watch groups ask summarizing In volunteers to walk their neighborhoods and do Volunteer groups community ?

tell police if they observe possible criminal activity in the area . The American Red Cross helps citizens in times of natural disasters or SUMMARY AND PREVIEW In this section other emergencies . The Boy Scouts and Girl you learned about citizens duties toward Scouts plan many projects such as planting their nation and their communities . trees to improve the environment . Even In the next chapter you will learn about ple acts such as picking up trash in parks or the first government formed under the serving food in shelters help a community . Constitution . in ram Section Assessment Reviewing Ideas , Terms , Use it to analyze the different ways that a person and People can become a citizen and the responsibilities a . Identify What are the different ways in which a that all ' person can become a citizen ?

Make Why do you think the law requires an immigrant to live in the United States at least five years before he or she can apply to , become a naturalized citizen ?

a . Describe What are three duties expected of citizens ?

Evaluate In your opinion , which duty expected of citizens is the most important ?

Why ?

Focus ON a . Identify In what ways can citizens participate in the election Process ?

Thinking about Citizenship The last page of . Draw Conclusions Why is it important that let haVe Part citizens participate in the Political process ?

requirements for citizenship and one part on the responsibilities of citizens . Look back through this Thinking section and make two lists , one on requirements . Analyzing Copy the graphic organizer on the right . and one on responsibilities . CITIZENSHIP AND THE CONSTITUTION

Social Studies Skills Critical A a Thinking Define the Skill A context is the circumstances under which thing happens . Historical context includes values , beliefs , conditions , and practices that were mon in the past . At times , some of these were quite different from what they are today . To truly stand a historical statement or event , you have to take its context into account . It is not right to judge what people in history did or said based on day values alone . To be fair , you must also consider the historical context of the statement or event . Learn the Skill To better understand something a historical said or wrote , use the following guidelines to mine the context of the statement . Identify the speaker or writer , the date , and the topic and main idea of the statement . Determine the speakers or writer attitude and point of view about the topic . Review what you know about beliefs , tions , or practices related to the topic that were common at the time . Find out more about the times in which the statement was made if you need to . Decide how well the statement the ues , attitudes , and practices of people living at that time . Then , determine how well it values , attitudes , and practices related to the topic today . Applying these guidelines will give you a better understanding of statements made by the CHAPTER Participation Students determine the context in which historical statements were made . Determining the Context of Statements Constitution framers . You read in Chapter that the Constitution created a representative democracy . However , the original Constitution gave most Americans little voice in choosing their leaders . Only the House of Representatives was elected by the voters . Alexander Hamilton , one of the Constitutional Convention leaders , told the delegates The people are turbulent and changing they seldom judge or determine therefore to the upper class a distinct , permanent share in government . They will check the unsteadiness of the second the masses . By modern standards , Hamilton remark is undemocratic . But think about the times in which it was made . Shays Rebellion had recently occurred . In addition , in those days most Americans had little or no education . Many could not even read or write . When its historical context is considered , the statement seems less harsh and extreme . Practice the Skill Read the following statement made by Patrick Henry in 1788 . Then answer the questions to mine its context and better understand it . The Constitution is said to have beautiful features , but they appear to me horribly frightful . dearest rights may be by what may be a small minority that may continue forever unchangeably this ment , although horribly I . What was Henry opinion of the Constitution ?

How might Americans recent experience in the Revolution have caused him to feel that way ?

Visual government and state governments . branches . Reviewing Vocabulary , Terms , and People Constitution ?

States ?

immigrant naturalized citizen partial citizen separatist Standards Review The US . Constitution sets up a federal system of government , with powers divided between the federal The powers of government are divided among three branches the legislative . executive , and judicial A system of checks and balances prevents any one branch from becoming too powerful . I . Who promised to add a bill of rights to the Benjamin Franklin Alexander Hamilton Thomas Jefferson James Madison . What is the term for a person born in another country who becomes a citizen of the United Use the visual summary below to help you review Summary the main ideas of the chapter . I The Bill of Rights guarantees important rights and freedoms for American citizens . Along with rights , citizens have duties to obey laws . pay taxes , register for the draft , sit on juries . perform community service , and vote . What are powers granted to the states called ?

reserved powers stately powers concurrent powers delegated powers . What is the permission to look for evidence of a crime in a particular location called ?

petition indictment impeachment search warrant Who was the first female Supreme Court justice ?

Abigail Adams Barbara Jordan Susan Anthony Sandra Day Connor CITIZENSHIP AND THE CONSTITUTION Comprehension and Critical Thinking SECTION I ( Pages ) a . Describe Name each branch of government and explain the duties of each . Analyze What checks and balances exist between the branches of government ?

Evaluate Do you think the three branches of government share their power equally ?

Explain your answer . SECTION ( Pages ) a . Identify What is the Bill of Rights , and why was it added to the Constitution ?

Analyze In what ways does the Bill of Rights protect individuals from the power of government ?

Elaborate Which of the amendments in the Bill of Rights do you think is the most important ?

Why ?

SECTION ( Pages ) a . Describe What are the ways in which a person can gain citizenship ?

Analyze How are citizens able to their government ?

Predict What might result if individuals failed to their duties as citizens ?

Reading Skills Understanding Summarizing Use the Reading Skills taught in this chapter to answer the question about the reading selection below . Freedom of speech does not mean that people can say anything they want to , however . The Constitution does not protect statements meant to damage someone reputation . Libel , or intentionally writing a lie that harms another person , is not protected , either . 179 ) Which of the following is a good summary of the selection ?

a . Freedom of speech does not protect everything . Slander is a false statement meant to damage someone reputation . CHAPTER Reviewing Themes . Politics What important ideas has the Constitution contributed to government ?

Il . Politics Why is active political participation an important responsibility for people in the United States ?

Social Studies Skills Determining the Context of Statements Use the Social Studies Skills taught in this chapter to answer the questions about the quotation below . What political power could ever carry on the vast multitude large number of lesser undertakings which the American citizens perform every day , with the assistance of the principle of association joining a group ?

Nothing , in my opinion , is more deserving of our attention than the intellectual and moral tions of de , Democracy in America . De wrote this about his trip to the United States in 1831 . What is his main idea ?

a . Governments can every need of citizens . American organizations can not accomplish much . American organizations get too much attention . American organizations important needs of citizens that govemment can not . 13 . Do you think that de statement accurately describes modem America ?

Why or why not ?

Creating a Pamphlet You have gathered mation about the Constitution , Bill of Rights , and citizenship . Use that information to ate your pamphlet . On the page , write a title and a phrase that will get your attention . On each of the following pages , you can use this format ( a heading and sentence at the top of the page identifying the topic of the page , and ( the list of the most important points for that topic . Remember that page is on the Constitution , page is on the Bill of Rights , and page is on citizenship .

Standards Assessment DIRECTIONS Read each question and write the letter of the best response . What a president says and thinks is not worth five cents unless he has the people and Congress behind him . Without , I just a Texan . With Congress , I President of the United States in the fullest President Lyndon Johnson What point about government was President Johnson making in this remark ?

A The president should be directly elected by the people . Congress should not have any ability to control the president . The president needs the support of Congress to be effective . Congress and the president should share some powers . Which of the following rights is not protected in the Bill of Rights ?

A the right to bear arms the right to public education the right to jury trials the right to free speech The right of every American to be a member of a political is an example of A the principle of dual sovereignty . the First Amendment right to freedom of assembly . the principle of majority rule . the Fifth Amendment right to due process of law . Which of the following is nota duty of citizenship ?

A becoming informed about important issues volunteering to work with a group serving on ajury speaking English The right to freedom of the press would not protect a newspaper that A knowingly spread harmful lies about someone . criticized an elected government official . deliberately encouraged people to peacefully protest a law . opposed the government in time of war . Connecting with Past Learning a One of the principles built into the tion is that there should be checks on the power of government leaders . This idea is based on what earlier statement or ment that you learned about in Grade ?

A Theses Declaration of the Rights of Man Four Noble Truths Magna Carta The legal rights and protections contained in the Bill of Rights are based on rights earlier granted to people in A France . England . China . Japan . CITIZENSHIP AND THE CONSTITUTION