Elliot Teel Photography

The National Archives,

Washington, D.C.

1785 1790 1795

1787 1789 1792

The John Jay President Washington
THE UNITED Constitution becomes first vetoes a bill from
STATES in 1789 is signed Supreme Court Congress for first time
Chief Justice
 Chapter Overview Visit ca.hss.
glencoe.com
for a preview of Chapter 4.

Goals of the Constitution

A constitution reflects the values and goals of the society that
creates it. For more than 200 years, the Constitution has
provided the framework for the United States government and
has helped preserve the basic rights of American citizens.

The Federal Government

Political ideas and major events shape how people form
governments. The Constitution provided for a United States
government that was set up as three equal branches with
different responsibilities.

Citizens’ Rights and Responsibilities

Citizen participation is essential to the foundation and preservation
of the U.S. political system. Citizens of the United States have
certain duties and responsibilities that help maintain our form
of government.

View the Chapter 4 video in the Glencoe Video Program.

Know-Want-Learn Make this foldable to determine what you already know, to

identify what you want to know, and to record what you learn about the
Constitution of the United States.
Reading and Writing
Step 1 Fold a sheet of Before you read the
paper into thirds from chapter, write what you
top to bottom. already know about the
Constitution in the
“Know” column. Write
what you want to know
about the Constitution
Step 2 Turn the paper in the “Want to Know”
horizontally, unfold, and KNOW: WANT TO LEARNED: column. Then, as you
KNOW:
label the three columns read the chapter, write
as shown. what you learn in the
“Learned” column. Check
to see if you have
learned what you
wanted to know (from
the second column).

CHAPTER 4 • The Constitution 215

Elliot Teel Photography
 Summarizing Information

Summarizing helps you clarify key points in your own words.You

can summarize what you have read by pausing and restating the
main ideas of the text. Then answer the key questions Who?
What? Where? When? Why? and How? Read the information under
“Major Principles” on page 221. Work with a partner to summa-
rize the main points of what you read.

Did your summary include some of these

details?
• The Constitution rests on seven major
principles.
• Those principles are: popular
sovereignty, republicanism, limited
government, federalism, separation
of powers, checks and balances, and
individual rights.

o te o f
u r e a d , ta k e n ay
As yo s t h a t you m
i o n
th e se c t over agai
n.
t o g o
want

216
With a partner, read the paragraph below. Then read the Read to Write
sections titled “Rights of American Citizens” on page 235 Choose two editorials in
and “Citizen Participation” on page 236. Work together to your local newspaper.
Read them carefully and
make a list summarizing what you read. As you discuss your
then summarize each
conclusions, see if you can answer the questions that follow. writer’s main point.

It is the combination of rights, responsibilities, and duties

that characterize what it means to be a citizen of a free
democratic society. As citizens, we are free to exercise our
rights. In return we are expected to fulfill certain duties and
responsibilities.

• What is a citizen?
• What are the rights citizens hold?
• What is the difference between
duty and responsibility?
• What is one of the most impor-
tant responsibilities of citizens?

Citizens take part in

a town hall meeting.

As you read this chapter, keep track of the main ideas of

each section.

CHAPTER 4 • The Constitution 217

Jeff Greenberg/Photo Edit
 Goals of the
Constitution
Looking Back, Looking Ahead implied powers (ihm • PLYD)
You read that the last of the 13 states judicial review
History ratified the Constitution in 1790. The
Social Science ratifying states had closely examined the
Standards goals of and the principles behind the Academic Vocabulary
US8.2 Students analyze document creating the new government. function (FUHNG • shuhn)
the political principles cooperate (koh • AH • puh • RAYT)
Focusing on the
underlying the U.S. anticipate (an • TIH • suh • PAYT)
Constitution and com- • The Preamble to the Constitution
pare the enumerated and describes six goals for the United
implied powers of the
federal government. States government. (page 219) Reading Strategy
• The Constitution is based on seven Organizing Information Use a diagram
US8.3 Students under- major principles. (page 221)
stand the foundation of like the one below to list the seven major
the American political • The Framers wrote the Constitution so principles on which the Constitution is
system and the ways in that it could be altered or adapted to based.
which citizens participate meet changing needs. (page 224)
in it.
Content Vocabulary
Preamble Major Principles
popular sovereignty (SAH • vuhrn • tee) Behind
the Constitution
republicanism
federalism
enumerated powers
(ih • NYOO • muh • RAYT • ehd)
reserved powers
concurrent powers (kuhn • KUHR • uhnt)
amendment

1785 1795 1805

1786 1787 1803

Shays’s Rebellion Gouverneur Morris President Thomas Jefferson
causes concerns writes the Preamble increases powers of the
with “domestic to the Constitution presidency
tranquility” Thomas Jefferson

218 CHAPTER 4 • The Constitution

(l)Bettmann/CORBIS, (r)White House Historical Association
 US8.2.2 Analyze the Articles of Confederation and the Constitution and the success of each in implementing the ideals of the
Declaration of Independence. US8.3.3 Enumerate the advantages of a common market among the states as foreseen in and
protected by the Constitution’s clauses on interstate commerce, common coinage, and full-faith and credit.

Goals of the Constitution

The Preamble to the Constitution
describes six goals for the United States
government.
Reading Connection Just as you often determine
goals when working on a project, the creators of the
Constitution thought about what they wanted the Promoting the
new government to do for the nation’s people. Read General Welfare
to find out the goals set by the Constitution’s
Framers for the United States government. Under the Articles of Confederation, the
United States had faced difficulties with trade
and commerce. Trying to gain an economic
advantage, states interfered with one another’s
trade through tariffs and other means. Under
On September 17, 1787, the delegates to the the goal of promoting the general welfare, the
Constitutional Convention signed the docu- Constitution allowed the new government to
ment. When it came Benjamin Franklin’s turn to regulate commerce. The United States became a
sign, the elderly leader had to be helped for- large common market in which trade barriers
ward in order to write his name on the parch- between the states were eliminated, and indi-
ment. Tears streamed down his face as he vidual states were prohibited from acting as
signed. He looked at the carving of the sun on separate nations.
the back of George Washington’s chair. “I have According to the Constitution, the states
were required to respect the laws and regula-
often looked at that sun behind the president of
tions of all the other states, a concept known as
the convention without being able to tell
full faith and credit. They could in no way
whether it was rising or setting,” he said, “but
impede trade and commerce between one
now, I have the happiness to know that it is a ris-
another. The national government could also
ing and not a setting sun.”
develop a common currency to encourage trade.
The rising sun that Franklin spoke of was This clause led to the monetary system you use
the new government of a very young country, today. The paper bills and coins you carry can be
the United States of America. used anywhere in the United States without
question.
The Preamble The Preamble, or intro-
duction, to the Constitution, written by Gouv-
erneur Morris, begins “We the People.” It
reflects the basic principle of the new American
government—the right of the people to govern
themselves. The Preamble also lists six goals for
the United States government:

“ . . . to form a more perfect

Union, establish Justice, insure
domestic Tranquility, provide for
the common defence [defense], These goals guided the Constitution’s Framers
promote the general Welfare, and as they created the new government. They
secure the Blessings of Liberty to remain as important today as they were when
ourselves and our Posterity. . .
” the Constitution was written.

CHAPTER 4 • The Constitution 219

David Young-Wolff/Photo Edit
 US8.2.4 Describe the political philosophy
underpinning the Constitution as specified in
the Federalist Papers (authored by James
Madison, Alexander Hamilton, and John Jay)
and the role of such leaders as Madison,
George Washington, Roger Sherman,
Gouverneur Morris, and James Wilson in the
writing and ratification of the Constitution.

GOUVERNEUR MORRIS
1752–1816
A brilliant speaker and writer, Gouverneur
Morris was a leader during the American Revolution
and the Constitutional Convention. As a young man,
Morris devoted himself to education, graduating
from King’s College in 1768, at the age of 16, and
earning a degree in law in 1771.
Morris joined the struggle for American inde-
pendence although his family supported the
Loyalist cause. While his brother served as an officer
in the British army, Morris joined the American mili-
tary despite a physical handicap that left him with-
out the full use of his right arm. Later he lost his
left leg in an accident.
In 1778 Morris became one of the youngest dele-
gates to the Continental Congress. At Valley Forge, he “We the people of the
had seen “an army of skeletons . . . naked, starved, sick, United States . . .”
discouraged,” and worked to improve conditions for —from the Preamble to
the soldiers. In 1781 Morris served as an assistant to the U.S. Constitution
the Minister of Finance. He developed the system of
decimal coinage, or the addition of pennies, nickels,
dimes, and quarters to the American dollar.
In 1787 Morris joined the Constitutional Convention as a delegate from
Pennsylvania. He was an opponent of slavery and tried to get the Constitutional
Convention to ban it. He wrote the inspiring Preamble to the Constitution and
helped write and edit much of the rest of the document. Because of his belief
in nationalism, Morris changed the first line of the Constitution from “We the
people of the states of New Hampshire, Massachusetts, . . .” with all 13 states
listed, to “We the people of the United States.”
James Madison said of Morris: “A better choice
[to rework the Constitution] could not have
been made.” Although physically impaired, Morris made a
significant impact on American history. Can you
identify other local or national leaders like him?

220
Mary Evans Picture Library
 US8.2.2 Analyze the Articles of Confederation and the Constitution and the success of each in implementing the ideals of
the Declaration of Independence. US8.2.7 Describe the principles of federalism, dual sovereignty, separation of powers, checks
and balances, the nature and purpose of majority rule, and the ways in which the American idea of constitutionalism preserves
individual rights.

To Form a More Perfect Union Under the Major Principles

Articles of Confederation, the states functioned
like independent nations, often disagreeing on The Constitution is based on seven
defense and finances. To form “a more perfect major principles.
Union,” the Framers believed the states needed Reading Connection What are principles? What
to agree to operate as a single country and principles do you live by? Read to discover how the
cooperate on major issues. basic principles of the Constitution have remained
the same for more than 200 years.
To Establish Justice For the Framers, treat-
ing each citizen equally was a fundamental
principle. The Constitution provides a national The principles outlined in the Constitution
system of courts to protect the people’s rights were the Framers’ solution to the problems of a
and to hear cases involving violations of federal representative government. The Constitution
law and disputes among the states. rests on seven major principles: (1) popular
sovereignty, (2) republicanism, (3) limited
To Insure Domestic Tranquility The vio- government, (4) federalism, (5) separation of
lent protests of Shays’s Rebellion in 1786 powers, (6) checks and balances, and (7)
shocked Americans. The Constitution seeks to individual rights.
“insure domestic Tranquility”—that is, to keep
peace among the people.
Major Principles of the Constitution
To Provide for the Common Defense People are the source of the
Popular Sovereignty government’s power.
Under the Articles of Confederation, the
nation’s defense depended on state militias. People elect their political
Republicanism representatives.
The Constitution gives the federal government
the power to maintain armed forces to protect The Constitution limits the
the country and its citizens from attack. actions of government by
Limited Government specifically listing powers it
does and does not have.
To Promote the General Welfare The
Declaration of Independence states that the In this government system,
purpose of government is to promote “Life, Federalism power is divided between
national and state governments.
Liberty, and the pursuit of Happiness” for the
people of the nation. The Constitution includes Each of the three branches of
ways to “promote the general Welfare”—or Separation of Powers government has its own
responsibilities.
well-being—of the people by maintaining
order, protecting individual liberties, regulating Each branch of government
commerce and bankruptcies, and promoting Checks and Balances holds some control over the
other two branches.
science and technology by granting patents.
Basic liberties and rights of all
To Secure the Blessings of Liberty The Individual Rights citizens are guaranteed in the
Bill of Rights.
Framers believed that preserving liberty should
be a major goal of the Constitution. The
Constitution guarantees that no American’s The principles outlined in the Constitution were the
basic rights will be taken away now or for pos- Framers’ solution to the complex problems presented by
terity (generations not yet born). a representative government.
Analyze What is the relationship between checks and
Analyze What is the pur- balances and separation of powers?
pose of the Preamble?

CHAPTER 4 • The Constitution 221

Popular Sovereignty The Declaration of governed itself much as it had in the past.
Independence states that governments derive This system, in which the power to govern is
their powers from “the consent of the gov- shared between the national government and
erned.” The opening words of the Constitution, the states, is called the federal system, or
“We the people,” reinforce this idea of popular federalism. This system allows each state to
sovereignty—or authority of the people. deal with its needs in its own way. At the same
time, it lets the states act together to deal with
Republicanism Under republicanism, voters matters that affect all Americans.
hold sovereign power. The people choose their The Constitution defines three types
representatives in government. Today, the of government powers. Enumerated powers
terms republic and representative democracy mean (ih • NYOO • muh • RAYT • ehd) belong only to the
the same thing: a system of limited government federal government. These include the power to
where the people are the ultimate source of coin money, regulate interstate and foreign
governmental power. trade, maintain the armed forces, and create
federal courts. The powers retained by the
Limited Government The Framers agreed states are known as reserved powers. They
that the nation needed strong central authority include such rights as the power to establish
but feared misuse of power. By creating a lim- schools, pass marriage laws, and regulate trade
ited government, they made certain the govern- within a state. Although reserved powers are
ment would have only those powers granted by not listed specifically in the Constitution, the
the people. Tenth Amendment says that all powers not
Article I of the Constitution states the pow- specifically granted to the federal government
ers that the government has as well as the pow- “are reserved to the States.”
ers that it does not have. Other limits on The third set of powers defined by the
government appear in the Bill of Rights, which Constitution are concurrent powers (kuhn •
guarantees certain rights and liberties to the KUHR • uhnt)—powers shared by the state and
people. Limited government can be described federal governments. Among these powers are
as the “rule of law.” No people or groups are the right to raise taxes, borrow money, and pro-
above the law. vide for public welfare.
When conflicts arise between state law and
Federalism Under the Constitution, states federal law, the Constitution declares that the
gave up some independence. They could no Constitution is “the supreme Law of the Land.”
longer print their own money or tax imports Conflicts between state law and federal law
from other states. Nevertheless, each state must be settled in a federal court.

The Federal System

National Government National & State Governments State Governments

Enumerated Powers Concurrent Powers Reserved Powers
• Regulate trade • Enforce the laws • Regulate trade within
• Coin money • Establish courts the state
• Provide an army and navy • Collect taxes • Establish local government
• Conduct foreign affairs • Borrow money systems
• Set up federal courts • Provide for the general • Conduct elections
welfare • Establish public school
systems

222 CHAPTER 4 • The Constitution

Separation of Powers To prevent any single The 17 amendments that follow the Bill of
group or institution in government from gain- Rights expand the rights of Americans and
ing too much authority, the Framers divided the adjust certain provisions of the Constitution.
federal government into three branches. The Included among them are amendments that
three branches are the legislative, the executive, abolish slavery, define citizenship, guarantee
and the judicial. Each branch has its own func- the right to vote to all citizens, authorize an
tions and powers. The legislative branch, income tax, and set a two-term limit on the
Congress, makes the laws. The executive presidency.
branch, headed by the president, carries out the
laws. The judicial branch, consisting of the Explain What is popular
sovereignty?
Supreme Court and other federal courts, inter-
prets and applies the laws.

Checks and Balances As an additional safe-

guard, the Framers established a system of Guarantees freedom of religion, speech, assembly, and
press, and the right of people to petition the government
checks and balances. Under this system, each
branch of government can check, or limit, the
Protects the rights of states to maintain a militia and of
power of the other branches. For example, the citizens to bear arms
legislative branch, Congress, can pass a law.
Then the executive branch, headed by the pres- Restricts quartering of troops in private homes
ident, can reject the law by vetoing it. However,
Congress can override, or reverse, the presi- Protects against “unreasonable searches and seizures”
dent’s veto if two-thirds of the members of both
houses vote again to approve the law. Assures the right not to be deprived of “life, liberty, or
property, without due process of law”
Over the years, the Supreme Court has
acquired the power to determine the meaning
Guarantees the right to a speedy and public trial by an
of the Constitution. The Supreme Court can impartial jury
also declare that a law or a government policy
goes against the Constitution. In doing so, the Assures the right to a jury trial in cases involving the
Court provides a check on the powers of common law (the law established by previous court
Congress and the president. Judicial deci- decisions)
sions—those made by the courts—can be over-
ruled by amending the Constitution. The Protects against excessive bail, or cruel and unusual
president and the Senate provide a check on the punishment
judicial branch through their power to appoint
Provides that people’s rights are not restricted to those
and approve federal judges. Congress can also
specified in the first eight amendments
change a law so that it no longer conflicts with
the Constitution, or it can amend the Restates the Constitution’s principle of federalism by
Constitution. providing that powers not granted to the national gov-
ernment nor prohibited to the states are reserved to
Individual Rights The Bill of Rights became the states and to the people
part of the Constitution in 1791. These first
10 amendments, or changes to the Constitution, The Bill of Rights protects many of the basic liberties we
protect basic liberties and rights that you may expect as Americans today.
take for granted—including freedom of speech, Analyze Which of these amendments appear to be
freedom of the press, freedom of assembly, and responses to British abuses before the Revolution?
freedom of religion.

CHAPTER 4 • The Constitution 223

 US8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill
of Rights. US8.2.7 Describe the principles of federalism, dual sovereignty, separation of powers, checks and balances, the
nature and purpose of majority rule, and the ways in which the American idea of constitutionalism preserves individual rights.

A Living Constitution Amending the Constitution The Framers

intentionally made the amendment process dif-
The Framers wrote the Constitution ficult to discourage minor or frequent changes
so that it could be altered or adapted to meet being made. Although more than 9,000 amend-
changing needs. ments have been proposed since 1788, only 27
Reading Connection How do you think the of them have become part of the Constitution.
Constitution and our government have changed An amendment may be proposed in
in the 200 years since they were created? Read to two ways: by the vote of two-thirds of
find out how the Framers planned for changes to be both houses of Congress or by two-thirds of the
possible. state legislatures asking for a special conven-
tion on the amendment. Ratification of an
amendment requires approval by three-fourths
Two years after the Constitutional of the states.
Convention, Benjamin Franklin wrote, “Our
Constitution is in actual operation; everything Interpreting the Constitution The Con-
appears to promise that it will last; but in this stitution includes two provisions that give
world nothing is certain but death and taxes.” Congress the power to act as needed to meet
Despite Franklin’s uncertainty about the changing conditions. The first of these provi-
future of the nation’s Constitution, it is still very sions is what is known as the “elastic clause”
much alive today. The Constitution has sur- (Article I, Section 8). It directs Congress to
vived because it allows the government to deal “make all Laws which shall be necessary and
with matters the Framers never anticipated— proper” for executing all the powers of govern-
such as regulating nuclear power plants. In ment. Congress has interpreted this clause to
addition the Constitution contains a provision mean that it has certain implied powers
for amending—changing or adding to—the (ihm • PLYD), meaning powers not specifically
document. defined in the Constitution.

Amending the Constitution allows it to

adapt to changing times.
Analyze What role do the states play
in the amendment process?
224 CHAPTER 4 • The Constitution
 The second provision used to expand con- In that decision, the Court defined its right to
gressional authority, the “commerce clause” determine whether a law violates the
(Article I, Section 8), gives Congress the power to Constitution. Although not mentioned in the
“regulate Commerce with foreign Nations, and Constitution, judicial review has become a major
among the several States.” Congress has used power of the judicial branch.
this clause to expand its powers into a number of The process of amending the Constitution
areas, including regulation of the airline industry, and applying its principles in new areas helps
radio and television, and nuclear energy. keep our government strong and functioning
well. In 1974 Barbara Jordan, an African
Powers of the Presidency The Constitution American member of Congress and a constitu-
describes the role and the powers of the presi- tional scholar, spoke in ringing tones of her
dent in general terms. This has allowed the exec- faith in the Constitution:
utive branch to extend its powers. In 1803, for
example, President Thomas Jefferson approved a
treaty with France that enabled the United States “ But through the process of
amendment, interpretation, and
to buy an enormous tract of land.
court decision I have finally been
The Courts The role of the judicial branch has
also grown as powers implied in the Constitution
included in ‘We, the people.’
—Barbara Jordan, Opening Statement
”
have been put into practice. In 1803 Chief Justice to the House Judiciary Committee
John Marshall expanded the powers of the
Supreme Court by striking down an act of Explain What are implied
Congress in the case of Marbury v. Madison. powers?

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What Did You Learn?

Reading Summary 1. What does domestic tranquil-
ity mean?
4. Evaluate What is the impor-
tance of federalism in the
Review the Constitution?
2. Explain the origin of judicial
• The six goals of the Constitution review. 5. How does
include providing for the com-
the ability to interpret and
mon defense and promoting the Critical Thinking amend the Constitution rep-
general welfare of the people.
3. Compare Re-create the resent a compromise?
diagram below and describe CA HI1.
• The seven principles outlined in how each branch of govern- 6. Summarizing
the Constitution were meant as ment has power over another Information Write a short
solutions to the problems of a branch. CA H12. essay summarizing the major
representative government.
principles found in the
Branch Power
Preamble. CA 8WS1.1
• The amendment process allows Legislative
for changes to the Constitution. Executive
Judicial

CHAPTER 4 • The Constitution 225

 The Federal
Government
Looking Back, Looking Ahead Academic Vocabulary
You learned that separation of powers monitor (MAH • nuh • tuhr)
History and checks and balances are important intervene (IHN • tuhr • VEEN)
Social Science principles behind the Constitution. These assume (uh • SOOM)
Standards principles are apparent in the
US8.2 Students analyze organization of the federal government.
the political principles Reading Strategy
underlying the U.S.
Constitution and com-
Summarizing Information Draw a
pare the enumerated and
Focusing on the diagram like the one below and list some
implied powers of the • The legislative branch is responsible for of the responsibilities and powers of
federal government. making the nation’s laws. (page 227) Congress.
• The executive branch carries out the
laws made by the legislative branch.
(page 229) Congress
• The Supreme Court and a number of
lesser courts make up the judicial
branch. (page 230)

Content Vocabulary
appropriate (uh • PROH • pree • AYT)
impeach (ihm • PEECH)
constituent (kuhn • STIHCH • wuhnt)

1785 1795 1805

1789 1792 1801

John Jay George Washington John Marshall
becomes uses the first becomes chief
first chief presidential veto justice of the
John
John Jay justice George Washington Supreme Court Marshall

226 CHAPTER 4 • The Constitution

(l)Francis G. Mayer/CORBIS, (c)White House Historical Association, (r)Getty Images
 US8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill
of Rights.

The Legislative Branch If an official is impeached, the Senate acts as a

court and tries the accused official. Officials
The legislative branch is responsi- who are found guilty may be removed from
ble for making the nation’s laws. office.
Reading Connection Have you ever considered The Senate also holds certain special pow-
how important our country’s laws are to the success ers. Only the Senate can ratify treaties made by
of our nation? Read to find out about the branch of the president and confirm presidential appoint-
government that creates the laws for the United ments of federal officials, such as department
States. heads, ambassadors, and federal judges.
All members of Congress have the responsi-
bility of representing their constituents (kuhn •
Congress, the legislative branch of the gov- STIHCH • wuhntz), the people of their home
ernment, makes the nation’s laws. It also has states and districts. As a constituent, you can
the power to “lay and collect taxes” and to expect your senators and representatives to
declare war. Congress has two houses, the promote and protect your state’s interests as
House of Representatives and the Senate. well as those of the nation.

The House and Senate Today The House Congress at Work Thousands of bills, or pro-
of Representatives has 435 voting members and posed laws, are introduced in Congress every
five nonvoting delegates from the District of year. Because individual members of Congress
Columbia, Puerto Rico, Guam, American cannot possibly study all these bills carefully,
Samoa, and the Virgin Islands. The number of both houses use committees of selected mem-
representatives from each state is determined bers to evaluate proposed legislation.
by the state’s population. Representatives, who Standing committees are permanent com-
must be at least 25 years old, serve 2-year terms. mittees in both the House and the Senate that
The Senate consists of 100 senators, 2 from specialize in a particular topic, such as agricul-
each state. Senators, who must be at least 30 ture, commerce, or veterans’ affairs. These com-
years old, serve 6-year terms. The senators’ mittees usually are broken down into
terms are staggered, which means that one- subcommittees that focus on a particular aspect
third of the Senate seats come up for election of a problem or issue. The House and the Senate
every 2 years. sometimes form temporary select committees
to deal with issues requiring special attention.
The Role of Congress Congress has two pri-
mary functions: to make the nation’s laws and
to control government spending. The govern-
ment cannot spend any money unless Congress
appropriates (uh • PROH • pree • AYTS), or sets
aside, funds. All tax and spending bills must
originate in the House of Representatives and
gain approval in both the House and the Senate
before moving on to the president for signature.
Congress also serves as a watchdog over the
executive branch, monitoring its actions and
investigating possible abuses of power. The
House of Representatives can impeach (ihm •
PEECH), or bring formal charges against, any
federal official it suspects of wrongdoing. Seal of the U.S. Congress

CHAPTER 4 • The Constitution 227

courtesy U.S. Congress
The Lawmaking Process Occasionally the Once a bill is approved by a committee in
House and the Senate form joint committees either house of Congress, it is sent to the full
with members from both houses. These com- Senate or House for debate. After debate the bill
mittees meet to consider specific issues, such as may be passed, rejected, or returned to commit-
the system of federal taxation. One type of joint tee for further changes.
committee, a conference committee, has a spe- When both houses pass a bill, the bill goes
cial function. If the House and the Senate pass to the president. If the president approves the
different versions of a bill, a conference commit- bill and signs it, it becomes law. If the president
tee tries to work out a compromise bill that is vetoes the bill, it does not become law, unless
acceptable to both houses. Congress overrides (cancels) the presidential
veto by a vote of two-thirds of the members in
Committee Action When it receives a bill, a each house. The first congressional bill to be
committee can reject it outright, “pigeonhole” it vetoed was in 1792 by President George
by setting it aside without reviewing it, or pre- Washington. It concerned the reassignment of
pare it for consideration by the full House or districts for U.S. Representatives and was not
Senate. While preparing bills, committees hold overridden.
public hearings at which citizens can present
arguments and documents supporting or Sequence List the basic
opposing the bills. steps of how a bill becomes a law.

The American System of Checks and Balances

Appoints judges

Can declare acts of the

president unconstitutional

Executive Branch
Proposes policy “You must first enable the government
Carries out laws to control the governed; and in the next Judicial Branch
Makes treaties place oblige it to control itself.” Interprets laws
—James Madison, 1787

Can override veto Can impeach judges

Can impeach president Can reject appointment

of judges
Can reject presidential appointments
and refuse to approve treaties
Can declare laws
Can veto legislation unconstitutional
Legislative Branch
Makes laws

228 CHAPTER 4 • The Constitution

 US8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill
of Rights.

The Executive Branch As chief executive, the president is respon-

sible for carrying out the nation’s laws. Many
The executive branch carries out executive departments and agencies assist the
the laws made by the legislative branch. president in this job.
Reading Connection How important is the
leader of a club or the captain of a team? What
Chief Diplomat As chief diplomat, the presi-
dent directs foreign policy, appoints ambassa-
duties does he or she carry out? Read to find out
dors, and negotiates treaties with other nations.
the many duties held by the president of the
United States. Treaties must be approved by a two-thirds vote
of the Senate before they go into effect.

The executive branch of government Commander in Chief As commander in

includes the president; the vice president; and chief of the armed forces, the president can use
various executive offices, departments, and the military to intervene or offer assistance
agencies. The executive branch carries out the in crisis situations at home and around the
laws that Congress passes. world. The president cannot declare war; only
Congress holds this power. The president can
Chief Executive The president plays a num- send troops to other parts of the world for up to
ber of different roles in government, each of 60 days but must notify Congress when doing
which has specific powers and responsibilities. so. The troops may remain longer only if
These roles include the nation’s chief executive, Congress gives approval or declares war. The
chief diplomat, commander in chief, chief of president may also use the military to control
state, and legislative leader. serious disorders in the nation.

How a Bill Becomes a Law

Introduction Committee Action Floor Action Enactment Into Law

Most bills begin Committee holds All bills must go

as similar hearings, makes through both
proposals in the changes, House and Senate
House and recommends before reaching
Senate passage the president
House debates If necessary,
Bill introduced in Referred to House and
House House Committee and passes its
form of bill Senate mem-
bers confer and
Bill introduced in Referred to Senate Senate debates reach a compro-
President signs
Senate Committee and passes its mise on a single
bill into law*
form of bill bill, which is
then approved *President may
by the House sign a bill into
and Senate law or veto it.
Congress may
override veto
by two-thirds
majority vote.
A bill introduced in Congress goes through many steps
before it becomes a law.
Summarize What can happen to a bill once it passes
Congress and reaches the president’s desk?

CHAPTER 4 • The Constitution 229

Courtesy U.S. Congress
 US8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill
of Rights.

Chief of State As chief of state, the president The Judicial Branch

serves a symbolic role as the representative of
all Americans. The president fulfills this role The Supreme Court and a number of
when receiving foreign ambassadors or heads lesser courts make up the judicial branch.
of state, visiting foreign nations, or bestowing Reading Connection Do you think a society could
honors on Americans. exist without a court system that determines in a
fair manner if laws have been broken? Read to find
Legislative Leader The president serves as out about the powers of the courts as established in
a legislative leader by proposing laws to the Constitution.
Congress and working for their passage. In the
annual State of the Union address, the president
presents goals for legislation. Article III of the Constitution called for the
creation of a Supreme Court and “such inferior
The Executive Branch at Work Many exec- [lower] courts as Congress may from time to
utive offices, departments, and independent time ordain and establish.” In 1789 Congress
agencies help the president carry out and passed a Judiciary Act, which added a series of
enforce the nation’s laws. The Executive Office district courts to the federal court system.
of the President (EOP) is made up of individu- Congress added appeals courts, sometimes
als and agencies that directly assist the presi- called circuit courts, in 1891 to ease the work-
dent. Presidents rely heavily on the EOP for load of the Supreme Court.
advice and for gathering information.
Lower Federal Courts At the lowest level
What Is the Cabinet? The executive branch of the federal court system are the United
also includes executive departments, each States district courts. These courts consider
responsible for a different area of government. criminal and civil cases that come under fed-
For example, the Department of State plans and eral, rather than state, authority. The criminal
carries out foreign policy, and the Department cases include such offenses as kidnapping and
of the Interior manages and protects the federal tax evasion. Civil cases cover claims
nation’s public lands and natural resources. The against the federal government and cases
heads, or secretaries, of these departments are involving constitutional rights, such as free
members of the president’s cabinet, a group speech. There are 94 district courts in the nation
that helps the president make decisions and set and the territories.
government policy. The next level of federal courts, the appeals
courts, reviews district court decisions in which
Independent Agencies The independent the losing side has asked for a review of the ver-
agencies manage federal programs in many dict. If an appeals court disagrees with the
fields. These include aeronautics and space, lower court's decision, it can either overturn the
banking, communications, farm credit, and verdict or order a retrial. The United States has
trade. Government corporations are govern- 14 appeals courts.
ment agencies that are run like privately owned
businesses. One government corporation whose The Supreme Court The Supreme Court
services you may often use is the United States stands at the top of the American legal system.
Postal Service. Article III of the Constitution created the
Supreme Court as one of three coequal
Describe What is the presi- branches of the national government, along
dent’s cabinet? with Congress and the president.

230 CHAPTER 4 • The Constitution

 The Supreme Court is led by a chief justice. Judicial Review As you have read, the
John Jay became the first chief justice in 1789. Supreme Court’s power to examine the laws
Congress sets the number of associate justices and actions of local, state, and national govern-
and has the power to change that number. Over ments and to cancel them if they violate
the years it has varied from four to nine, but it the Constitution is called judicial review.
has been nine since 1869. The Supreme Court, under Chief Justice John
The Constitution does not describe the Marshall, first assumed the power of judicial
duties of the chief justice or the associate jus- review in the case of Marbury v. Madison (1803).
tices. Instead, the duties have developed from Since then, the Court has invalidated, or can-
laws, through tradition, and as the needs and celed, nearly 200 provisions of federal law.
circumstances of the nation have developed. The Supreme Court may also review
The main duty of the justices is to hear and rule presidential policies. In the case of Ex parte
on cases. This duty involves them in three deci- Milligan (1866), the Court ruled that President
sion-making tasks: deciding which cases to hear Lincoln’s suspension of certain civil rights dur-
from among the thousands appealed to the ing the Civil War was unconstitutional. In its
Court each year; deciding the case itself; and decision, the Court noted that the “Constitution
determining an explanation for the decision, of the United States is a law for rulers and
called the Court’s opinion. people, equally in war and in peace.”

The Federal Court System

U.S. Court of
Military Courts
Military Appeals
Federal
Regulatory U.S. Tax Courts
Agencies 12 U.S. Courts
of Appeals
U.S. Courts Territorial Courts
of the District
of Columbia U.S. District Courts

Highest
U.S. Court of
State
International Trade
Courts

U.S. Claims U.S. Court of

Courts Appeals for the
Federal Circuit
U.S. Supreme Court
U.S. Court of Appeals
for Veterans Claims
The organization of the U.S. court system
is based on the U.S. Constitution and fed-
eral laws.
Interpret What is the last court in which
a case may be appealed?

CHAPTER 4 • The Constitution 231

Richard T. Nowitz/CORBIS
 US8.2 Students analyze the political
principles underlying the U.S. Constitution
and compare the enumerated and implied
powers of the federal government.

JOHN MARSHALL
1755–1835
John Marshall is the only individual to serve in the
House of Representatives, the Senate, the president’s
cabinet, as governor of a state, and as Supreme Court
chief justice. John Adams once said that his greatest
act as president was “the gift of John Marshall to the
people.” Marshall, the fourth chief justice of the
United States, hardly looked like the head of the
Supreme Court. He often wore mismatched clothes
and an old floppy hat. He rejected the gold-braided
robes worn by justices at the time in favor of the sim-
ple black robes worn by justices today.
Marshall, the oldest of 15 children, grew up on the “If two laws conflict with each
Virginia frontier. At the outbreak of the Revolutionary other, the courts must decide
War, Marshall joined a Virginia regiment. He never for- on the operation of each. . . .
got the reasons for which he joined the American This is of the very essence of
Revolution. As a soldier, he once sewed the words judicial duty.”
“Liberty or Death” onto his shirt. He brought those —John Marshall,
same principles to his tenure as chief justice and sup- Marbury v. Madison (1803)
ported both the national government and the new
Constitution.
Marshall served in the Virginia legislature and supported the Federalist party.
In 1800 President John Adams appointed him secretary of state. In January 1801,
Adams appointed Marshall chief justice of the United States. Marshall served in
that position 34 years.
Marshall heard cases and made landmark rulings
that continue to guide the Supreme Court and
the nation’s government today. In deciding the
case of Marbury v. Madison in 1803, the Marshall
court established the principle of judicial review John Marshall had an important impact on the
of acts of Congress. Marshall reinforced the ideas position of the Supreme Court in the country’s
that the Supreme Court is the final authority to government. Research a current Supreme Court
interpret the Constitution and that the Consti- justice and describe the impact he or she has had
tution truly was the “supreme law of the land.” upon the court or upon the nation.

232
Getty Images
Reviewing State Laws Judicial review of Education of Topeka, Kansas,
state laws and actions may have as much signif- that segregation in public
icance as the Court’s activities at the federal schools was unconstitu-
level. One important case involved segregation tional. The Brown decision
in schools. Many cities had segregated schools: overturned the Plessy
white students attended one school and black decision. The Brown deci-
students attended a different school. In 1896 the sion also cleared the way
Supreme Court had ruled in Plessy v. Ferguson for the end of segregated
that segregation was constitutional as long as schools throughout the
equal facilities were provided for both races. nation.
One important case involved a young
African American girl named Linda Brown, Describe How was the
who was not allowed to attend her neighbor- court system set up?
hood school in Topeka, Kansas, because of her
race. She was told to attend an all-black school
across town. Her parents then sued the Topeka
school board, arguing that black children were
not getting the same quality of education as
Linda Brown was at the center
white children. of the important Supreme Court
On May 17, 1954, the Supreme Court ruled case, Brown v. Board of Education
unanimously in the case of Brown v. Board of of Topeka, Kansas.

Study Central Need help understanding

the branches of federal government? Visit
ca.hss.glencoe.com and click on Study Central.

What Did You Learn?

Reading Summary 1. List three responsibilities of
the president.
4. How
does politics affect Supreme
Review the Court decisions? Give one
2. Does the Constitution
• Congress works to make the describe the duties of the example from 1803 and one
nation’s laws and to control from modern history. CA CS1.
Supreme Court? How have
government spending.
these duties developed? 5. Creative Writing Write a
help-wanted ad for the posi-
Critical Thinking tion of president of the
• Many executive departments United States. Describe the
3. Organizing Information Re-
and agencies assist the president
create the diagram below and various responsibilities and
in carrying out the nation’s laws.
provide five different kinds of what skills might be needed
congressional committees. to fulfill those duties.
CA 8RC2.0 CA 8WA2.5
• The judicial branch settles
disputes and interprets the 6. Describe the
meaning of laws. role of the legislative branch in
Committees government spending and how
that role relates to legislators’
constituencies. CA HI2.

CHAPTER 4 • The Constitution 233

Carl Iwaski/TimePix/Getty Images
 Citizens’ Rights
and Responsibilities
Looking Back, Looking Ahead Academic Vocabulary
You learned about the three branches of involve (ihn • VAHLV)
History the federal government and the people diminish (duh • MIH • nihsh)
Social Science who make up those branches. American environment (ihn • VY • ruhn • muhnt)
Standards citizens must also actively participate to
US8.2 Students analyze make the government work.
the political principles Reading Strategy
underlying the U.S.
Summarizing Information Draw a
Constitution and com-
pare the enumerated and
Focusing on the chart like the one below and fill in some
implied powers of the • Americans have certain rights that of the rights, duties, and responsibilities
federal government. are protected in the Constitution. of American citizens.
(page 235)
US8.3 Students under-
stand the foundation of • American citizens are expected to carry Rights Duties Responsibilities
the American political out certain duties and responsibilities.
system and the ways in
(page 236)
which citizens participate
in it.

Content Vocabulary
due process of law
citizen (SIH • tuh • zuhn)
naturalization
(NA • chuh • ruh • luh • ZAY • shuhn)

1780 1790 1800

1786 1796
Thomas Jefferson’s John Adams wins
Virginia Statute for presidential election
Religious Freedom is
Thomas Jefferson adopted John Adams

234 CHAPTER 4 • The Constitution

(l)White House Historical Association, (r)White House Historical Association
 US8.2.5 Understand the significance of Jefferson’s Statute for Religious Freedom as a forerunner of the First Amendment and
the origins, purpose, and differing views of the founding fathers on the issue of the separation of church and state.

Rights of American Citizens

Americans have certain rights that
are protected in the Constitution.
Reading Connection What do you consider to be
some of your basic rights as an American? Freedom
of speech? Freedom of religion? Read to find out Statute for
where these rights are guaranteed in the
Constitution.
Religious
Freedom
Many people
came to America Thomas Jefferson
in search of reli-

“ We hold these truths to be self-

evident, that all men are created
gious freedom. In 1777 Thomas Jefferson
wrote a resolution on religious freedom
that was adopted by the Virginia state
equal, that they are endowed
legislature in 1786. Commonly known as
by their Creator with certain the Statute for Religious Freedom, the
unalienable Rights, that among resolution said:
these are Life, Liberty and the
pursuit of Happiness.
” “No man shall be compelled to fre-
quent or support any religious worship,
These words from the Declaration of place or ministry whatsoever, nor shall
Independence continue to inspire Americans. be enforced, restrained, molested, or
[burdened] in his body or goods, nor
They have encouraged Americans to pursue the
shall otherwise suffer on account of his
ideals expressed in the Declaration and to
religious opinions or belief; but that all
create a Constitution and a Bill of Rights that
men shall be free to profess, and by
protect these rights. The rights of Americans fall
argument to maintain, their opinion in
into three broad categories: the right to be
matters of religion, and that the same
protected from unfair actions of the govern- shall in no wise diminish, enlarge or
ment, to have equal treatment under the law, affect their civil capacities.”
and to have basic freedoms.
—Thomas Jefferson, “Virginia
Due Process The Fifth Amendment states Statute of Religious Liberty”
that no person shall “be deprived of life, liberty, A few years after this resolution was
or property, without due process of law.” adopted, the United States became an
Due process of law means that the government independent country, and freedom of
must follow certain procedures that have been religion was one of the principles upon
established by law and are guaranteed in the which the nation was founded.
Constitution. All people must be treated
according to these principles.

Equal Protection All Americans, regardless Jefferson wrote that “no man shall be com-
of race, religious beliefs, or political beliefs, pelled to frequent or support any religious
have the right to be treated the same under the worship.” Write a sentence in your own
words that expresses this statement.
law. The Fourteenth Amendment requires
every state to grant its citizens “equal protec-
tion of the laws.”
CHAPTER 4 • The Constitution 235
White House Historical Association
 US8.3.6 Describe the basic law-making process and how the Constitution provides numerous opportunities for citizens
to participate in the political process and to monitor and influence government (e.g., function of elections, political parties,
interest groups).

Basic Freedoms The basic freedoms involve Citizen Participation

the liberties outlined in the First Amendment—
freedom of speech, freedom of religion, free- American citizens are expected to
dom of the press, freedom of assembly, and the carry out certain duties and responsibilities.
right to petition. In a democratic society such as Reading Connection Would a democracy be
ours, power exists in the hands of the people. effective if few of the citizens voted? Read to find
Therefore, its citizens must be able to exchange out what it means to be a good citizen.
ideas freely.
The First Amendment, part of the Bill of
Rights, which was added to the Constitution
in 1791, allows citizens to criticize the govern-
ment, in speech or in the press, without fear of On September 11, 2001, terrorist attacks
punishment. It also states that the government killed thousands of Americans. President
cannot endorse a religion, nor can it prohibit cit- George W. Bush led the nation during the trou-
izens from practicing a religion if they choose to bled times. He said:
do so. In addition, the Ninth Amendment states
that the rights of Americans are not limited to
those mentioned in the Constitution. This has “ [A]fter America was attacked, it
was as if our entire country looked
allowed our basic freedoms to continue to grow. into a mirror, and saw our better
The Twenty-sixth Amendment, for example, selves. We were reminded that we
extends the right to vote to American citizens are citizens, with obligations to
who are 18 years of age.
each other, to our country, and to
The ultimate responsibility to protect these
rights lies with the American people. Voting
and expressing our opinions to our elected rep-
history.
”
What Is a Citizen? A citizen (SIH • tuh • zuhn)
resentatives help uphold our rights. Judge is a person who owes loyalty to and is entitled
Learned Hand expressed: to the protection of a state or nation. How do
you become an American citizen? Generally, cit-
“ Liberty lies in the hearts of men
and women; when it dies there, . . .
izenship is granted to anyone born within the
borders of the United States. Citizenship is also
no constitution, no law, no court can granted to anyone born outside the United
even do much to help it.
—Learned Hand,
” States if one parent is a United States citizen.
A person of foreign birth can also become a
The Spirit of Liberty citizen through the process of naturalization
(NA • chuh • ruh • luh • ZAY • shuhn).
Limits on Rights Our rights are not unlim- To qualify, applicants must be at least 18
ited. The government can establish laws or years old. They must have been lawfully admit-
rules to restrict certain standards to protect the ted for permanent residence and have lived in
health, safety, security, and moral standards of the United States for at least five years. They
a community. Moreover, rights may be limited must possess good moral character and accept
to prevent one person’s rights from interfering the principles of the Constitution. Applicants
with the rights of others. The restrictions of must also understand English and demonstrate
rights, however, must be reasonable and must an understanding of U.S. history and govern-
apply to everyone equally. ment. Before being granted citizenship, appli-
cants must be willing to give up any foreign
Summarize What is due allegiance and must promise to obey the
process of law? Constitution and the laws of the United States.

236 CHAPTER 4 • The Constitution

 As citizens of the United States, we are and they make it possible for people to live
expected to carry out certain duties and respon- together peacefully. If you disobey laws, for
sibilities. Duties are things we are required to do example, you may endanger others and inter-
by law. Responsibilities are things we should do. fere with the smooth functioning of society. If
Fulfilling both our duties and our responsibilities you believe a law needs to be changed, you can
helps ensure that we have a good government work through your elected representatives to
and that we continue to enjoy the rights that the improve it.
Framers set forth. Americans also have a duty to pay taxes.
The government uses tax money to defend the
Duties One of the duties of all Americans is to nation, provide health insurance for people
obey the law. Laws serve three important func- over age 65, and build roads and bridges.
tions. They help maintain order; they protect Americans benefit from services provided by
the health, safety, and property of all citizens; the government.

Town meeting
The New England Town Meeting today
Past In colonial times, New England citi-
zens practiced a form of direct democracy called the
town meeting. Any citizen who could vote could
attend these meetings and decide upon the
important issues of the town such as taxes,
laws, and monetary expenditures. Every per-
son’s vote counted, and every voter’s voice
could be heard.

Present Today similar meetings still

take place in some of the smaller New
England towns. These meetings are usually
held once a year to determine such issues
as local laws, taxes, and the town budget. In
larger communities, however, town meetings
are often impractical. What are some other
ways that citizens can participate in government?
Colonial town meeting

CHAPTER 4 • The Constitution 237

(l)North Wind/North Wind Picture Archives, (r)Jeff Greenberg/Photo Edit
 Another duty of citizens is to defend the
nation. All males aged 18 and older must regis-
ter with the government in case they are needed
for military service. The nation no longer has a
draft, or required military service, but a war
could make the draft necessary again.
The Constitution guarantees all Americans Roots of
the right to a trial by a jury of their peers
(equals). For this reason, you should be pre- the Two-
pared to serve on a jury when you become Party
eligible at the age of 18. Having a large group of
jurors on hand is necessary to guarantee the
System
right to a fair and speedy trial. Americans have not always had political
parties to choose between. In fact, in his
Responsibilities All citizens have responsi- Farewell Address of 1796, President George
bilities. However, the responsibilities of citizens Washington warned against the harmful effects
are not as clear-cut as their duties. Because of the “spirit of party.” Even so, by the end of
responsibilities are voluntary, people are not President Washington’s second term, two politi-
arrested or punished if they do not fulfill these cal parties had organized in opposition to one
obligations. The quality of our government and another. The Federalist Party supported
of our lives will diminish, however, if our Alexander Hamilton’s policies that encouraged a
responsibilities are not carried out. strong national government. Those who dis-
trusted a strong national government formed
Civic Republicanism Keep in mind that one their own party, the Democratic-Republicans, led
of your responsibilities as a citizen is to know by James Madison and Thomas Jefferson. In the
what the government is doing and to voice election of 1796, the Federalist candidate, John
your opinion when you feel strongly about Adams, was elected president. Four years later,
something the government has done or has Democratic-Republican Thomas Jefferson was
failed to do. You can let your representatives elected.
know how you feel about issues through letters,
telephone calls, and petitions. When the gov-
ernment learns that most people favor or
oppose an action, it usually follows their wishes. Other Ways to Participate Perhaps your
You also need to be informed about your most important responsibility as an American
rights and to exercise them when necessary. citizen will be to vote when you reach the age of
Knowing your rights helps preserve them. 18. Voting allows you to participate in govern-
Other responsibilities include respecting diver- ment and guide its direction. If you disapprove
sity, accepting responsibility for your actions, of the job your representatives are doing, it will
supporting your family, and volunteering be your responsibility to help elect others.
within your community. While not everyone holds public office,
everyone can participate in government in
other ways. Working on a political campaign,
volunteering to help in a hospital or a library,
Stu dent Web Act ivity Visit and participating in a local park cleanup are all
ca.hss.glencoe.com
and click on Chapter 4—S tudent W
act ivity on volunteer eb Activities ways to take responsibility and to make a con-
for an ing opportunities. tribution to good government and a well-run
community.

238 CHAPTER 4 • The Constitution

 You read earlier that when a bill is in a House parties also present voters with views on a wide
or Senate committee for discussion, citizens are variety of issues. They consider conflicting
sometimes allowed to present arguments sup- issues and problems that affect all Americans,
porting or opposing the bill. The people making not just certain groups. Political parties
the arguments often work for special interest keep citizens informed about these issues,
groups. Belonging or contributing to a special as well as about how party members and
interest group is another way citizens can partic- members of the opposition are performing
ipate in government and the making of laws. in office. Belonging to a party involves
Through interest groups, citizens communicate no obligations or duties besides voting,
their “wants,” or policy goals, to government although party members can also volunteer
leaders—the president, Congress, state legisla- during campaigns.
tors, the mayor, or city council.
Interest groups represent a variety of causes. Respecting Others’ Rights To enjoy your
Many groups deal with economic interests, rights to the fullest, you must be prepared to
including groups like the National Association respect the rights of others. Respecting the
of Manufacturers and powerful labor organiza- rights of others also means respecting the rights
tions. Other interest groups deal with more spe- of people with whom you may disagree.
cific causes. The Sierra Club supports issues to Respecting and accepting others regardless of
protect the environment, and MADD works to race, religion, beliefs, or other differences is
prevent drunken driving. essential to the success of a democracy. All
Another way for citizens to be involved Americans are entitled to the same respect and
in the political process is to join a political good treatment.
party. Political parties choose candidates to Identify What is
run for the various political offices. Political naturalization?

Study Central Need help understanding

citizens’ rights and responsibilities? Visit
ca.hss.glencoe.com and click on Study Central.

What Did You Learn?

Reading Summary 1. Are the rights of American
citizens unlimited? Explain.
4. How
does citizen participation,
Review the as described in this section,
2. Why are personal responsibil-
• Americans have the right to be ities important? help preserve the American
protected from unfair actions of political system? CA HI2.
the government, to be treated Critical Thinking 5. Creative Writing One
equally under the law, and to
3. Organizing Information Re- responsibility of being an
have basic freedoms.
create the diagram below and American citizen is to become
provide the three categories involved in the democratic
• Americans have certain duties, of American rights. CA 8RC2.0 system. Make a poster show-
such as obeying the laws, and ing how students can get
responsibilities, such as staying Rights involved in their community’s
informed about one’s rights, democracy. Display your
that they must carry out. poster in a prominent place
in school. CA 8RC2.4

CHAPTER 4 • The Constitution 239

 US8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental
liberties ensured by the Bill of Rights. US8.3.7 Understand the functions and responsibilities of a
free press.

Freedom of the Press

Why It Matters Freedom of the press means the right to publish facts, ideas,
and opinions without interference from the government or private groups. This right
applies to printed materials, including books and newspapers, and to electronic
communications, including radio, television, movies, and computer networks. Such a
free flow of materials allows the people in a democracy to receive the information
they need to make informed decisions.

The First Amendment In the United that the press watches government actions
States, freedom of the press is guaranteed by the and helps keep the government responsible to
First Amendment to the Constitution, which says the people.
in part that “Congress shall make no law . . . The mass media—newspapers, magazines,
abridging [limiting] the freedom . . . of the press.” television, radio, and the Internet—however, are
Because of this guarantee, writers, editors, and not totally free of government regulation. Many
journalists have the freedom to reasonable restrictions can be placed on rights of
decide what goes in or stays the media. For example, no person has the right
out of their publications. This to libel, or use printed words to injure another
independence has led many to person’s character or reputation. Laws also
call the press a “watchdog” prohibit the printing and distribution of obscene
over government. This means materials.

John Peter Zenger’s New York

Weekly Journal

“[W]ere it left to me to decide whether we

should have a government without newspapers
or newspapers without a government, I should
not hesitate a moment to prefer the latter.”
—Thomas Jefferson, Letter to Colonel Edward Carrington,
January 16, 1787

Printing press

240
(t)Getty Images, (b)Bettmann/CORBIS
 ruling in the 1970s allowed the publication of a
secret government report about the Vietnam
War. The government could not prove that
publishing it endangered national security.

Free Press and Trials In some trials,

reporters have refused to testify in order to pro-
tect confidential, or secret, sources. Although
the Supreme Court has ruled that reporters
must cooperate during trials, many states have
Press coverage can be limited by order of the judge.
enacted so-called shield laws. These laws provide
Here, members of the press, barred from the court- reporters with some protection against having to
room, wait for a chance to interview participants. reveal confidential information.
Another issue deals with gag orders. Such
The Zenger Case Freedom of the press orders were given to prevent information about
was an important issue in colonial America. a criminal case from being published, especially
Newspapers in colonial cities, such as Boston if that information might violate a defendant’s
and Philadelphia, carried political news and right to a fair trial. The Supreme Court ruled
often faced government censorship. Censorship that gag orders are unconstitutional except in
is the banning of printed materials because they extraordinary circumstances.
contain unpopular or offensive ideas. In 1733
publisher John Peter Zenger, in his paper the Radio, Television, and the Internet
New-York Weekly Journal, accused New York’s Today, First Amendment rights must be
royal governor of corruption. Zenger was considered for the many new forms of media
arrested and put on trial. His lawyer argued that that have developed since the Framers first
free speech was a basic right of the British discussed freedom of the press. The Federal
people. The jury found Zenger not guilty. Communications Commission (FCC) is the gov-
ernment agency that regulates radio and
The Government and the Press television. The FCC cannot censor materials
After the American Revolution, several states before they are broadcast, but it does prohibit
provided for freedom of the press in their state the use of indecent language.
constitutions. Later, the First Amendment of the In the 1990s, Congress passed legislation to
U.S. Constitution provided for a free press in prevent children from accessing indecent
American society as a whole. At times, however, materials on the Internet. The Supreme Court,
the government, in the name of public interest, however, struck down the law, ruling that
has attempted to regulate the press. speech on the Internet was entitled to First
Supreme Court rulings allowed the press to Amendment protection.
be limited when the printed materials might
threaten national security. During World War I,
publishing materials that were critical of the Checking for Understanding
government was considered a crime. A 1931 1. Why is freedom of the press important in
Supreme Court ruling, however, struck down a a democracy? What guarantees freedom
Minnesota state law that banned publication of of the press in the United States?
magazine or newspaper articles that were 2. When can the United States government
critical of public officials. Although censorship censor information before it is published?
occurred during World War II, it was a
Critical Thinking
voluntary system with which most newspapers
3. Conclude What responsibilities should the
and magazines cooperated. A Supreme Court
press have toward the American people?
CA HI2.

Glenn Martin/Denver Post/Wide World Photos

 US8.2.4 Describe the political philosophy
underpinning the Constitution as specified
in the Federalist Papers (authored by James
Madison, Alexander Hamilton, and John
Jay) and the role of leaders such as
Madison, George Washington, Roger
Sherman, Gouverneur Morris, and James
Wilson in the writing and ratification of
the Constitution.

A New Constitution
Throughout the new nation, people discussed a Constitution
for America. Many people supported ideas for a stronger central
government, but many others did not. People worried about the
protection of individual rights for all citizens. How would
Americans settle their differences of opinion and reach an agree-
ment on governing the nation?
Read the passages on pages 242 and 243, then answer the
questions that follow.
The Federalist Papers supported
ratification of the Constitution.

Reader’s Dictionary
enumerated (ih • NOO • muh • RAYT • faction (FAK • shuhn): a group that has
ehd): a number of named things on specific interests or beliefs that are in
a list conflict with the larger group
monopolies (muh • NAH • puh • lees): actuated (AK • chuh • WAYT • ehd):
situations in which a single company moved to action
controls an industry annihilation (uh • NY • uh • LAY • shuhn):
aristocracy (AR • uh • STAH • kruh • see): the complete destruction of something
governing by a small group of people, fallible (FA • luh • buhl) : liable to be
particularly nobility wrong or make mistakes
latent (LAY • tuhnt): underlying

The Federalist, No.10

In 1787 and 1788, James Madison, Alexander By a faction, I understand a number of
citizens, whether amounting to a majority
Hamilton, and John Jay wrote 85 anonymous
or minority of the whole, who are united
articles for the New York Journal. The purpose
and actuated by some common impulse
of these articles was to persuade the people of
of passion, or of interest, adverse to the
New York to ratify the proposed Constitution.
rights of other citizens, or to the perma-
These articles became known as The Federalist
nent and aggregate [collected] interests of
Papers. This article focused on divisions, or fac-
the community. . . .
tions, among people:
There are . . . two methods of removing
Among the numerous advantages the causes of faction: the one, by destroy-
promised by a well-constructed Union, ing the liberty which is essential to its
none deserves to be more accurately existence; the other, by giving to every cit-
developed than its tendency to break and izen the same opinions, the same pas-
control the violence of faction. . . . sions, and the same interests.

242 CHAPTER 4 • The Constitution

The Pierpont Morgan Library/Art Resource, NY
 It could never be
more truly said than
Objections to the
of the first remedy Constitution
that it was worse
than the disease.
G eorge Mason served as a state leader in Virginia
in the 1780s. Mason opposed the Constitution and
Liberty is to faction wrote pamphlets to express his concerns:
what air is to fire, [a
fuel] without which Under their own construction of the gen-
it instantly expires. eral clause at the end of the enumerated pow-
But it could not be a ers, the Congress may grant monopolies in
less folly to abolish James Madison trade and commerce, constitute new crimes,
liberty, which is essential to political life, inflict unusual and severe punishments, and
because it nourishes faction than it would be extend their power as far as they shall think
to wish the annihilation of air, which is proper; so that the state legislatures have no
essential to animal life, because it imparts to security for the powers now presumed to
fire its destructive agency. remain to them; or the people for their rights.
The second [remedy] is as impracticable as There is no declaration of any kind for pre-
the first would be unwise. As long as the rea- serving the liberty of the press, the trial by
son of man continues fallible, and he is at lib- jury in civil cases, nor against the danger of
erty to exercise it, different opinions will be standing armies in time of peace. . . .
formed. . . . This government will commence in a mod-
The latent causes of faction are thus sown erate aristocracy; it is at pres-
in the nature of man; and we see them every- ent impossible to foresee
where brought into different degrees of activ- whether it will, in its
ity, according to the different circumstances operation, produce a
of civil society. . . . But the most common and monarchy, or a corrupt
durable source of factions has been the vari- oppressive aristocracy;
ous and unequal distribution of property. it will most probably
Those who hold and those who are without vibrate some years
property have ever formed distinct interests between the two, and
in society. then terminate in the one
— James Madison or the other. George Mason

The Federalist, No. 10 6. What did Mason suggest would happen to

1. How does Madison describe factions? the government?
2. What is identified as a main source of 7. Was Mason correct in his predictions about
factions? America’s government?
3. What two ways are proposed to eliminate Read to Write
factions? 8. Imagine that you are a New York delegate
4. What would be lost if factions were elimi- trying to decide whether or not to ratify the
nated in the Union? U.S. Constitution. Write a response to the
Objections to the Constitution article and pamphlet that you just read.
Explain your decision to ratify or not using
5. What were Mason’s concerns about the U.S. information from the above texts. Try to
Constitution? persuade others to follow your decision.
CA 8WA2.4 CA HR5.

CHAPTER 4 • The Constitution 243

(t)Burstein Collection/CORBIS, (b)Bettmann/CORBIS
 Standards US8.2 & US8.3

Review Content Vocabulary 10. Predict Predict what might have hap-
1. On a sheet of paper, use all of the follow- pened to the United States if the Framers
ing terms in a short paragraph related to had not provided for a system of checks
the Constitution. and balances. CA HI2.
a. popular sovereignty d. implied powers
b. reserved powers e. judicial review Geography Skills
c. amendment f. enumerated Study the map below and answer the follow-
powers ing questions. CA CS3.

Review the Emancipation After

Section 1 • Goals of the Constitution Independence, 1780–1804
2. List the six goals of government stated in N Area claimed by
the Preamble. Great Britain and U.S.
W E ME.
N.H.
3. Explain why the amendment process is so S (part of
difficult. MASS.)
L. 1780
tar
io VT.
ATLaNTIC
H

Section 2 • The Federal Government On

uro

L. N.Y. OCEaN
n

MASS.
4. Why does Congress use committees to 1799 1780
40°N
evaluate proposed legislation? rie
L .E R.I. 1784
PA. CONN. 1784
5. Describe the main duty of the justices of 1780
N.J.
OHIO 0 200 miles
the Supreme Court, along with the tasks 1804
DEL.
involved. VA. MD.
0 200 kilometers
Albers Equal-Area projection
Section 3 • Citizens’ Rights and Responsibilities KY.
6. Why is responsible citizenship important? TENN. N.C. 1780 Date of emancipation
Provide examples of responsible citizenship. Immediate emancipation
7. What are the basic freedoms outlined in S.C.
Gradual emancipation
the First Amendment? GA.
Slaveholders could
legally free slaves

Critical Thinking 30°N Must obtain county court

approval to free slaves
8. Analyze Describe why limited govern- 80°W
Slaveholders could not
ment, republicanism, and popular sover- legally free slaves
eignty are important parts of the No formal abolition
Constitution. CA CS1.
9. Compare Some people argue that there
should be a limit on the number of terms a 11. Place Which state freed enslaved people
senator or representative can serve. in 1780?
Compare the advantages and the disad-
12. Place Which states required court
vantages of the present system, which does
approval to free enslaved people?
not limit these terms. CA HR5.

244 CHAPTER 4 • The Constitution

 .com
Self-Check Quiz Visit ca.hss.glencoe
re for the Chapter test.
to prepa 4

Read to Write
13. Speech Writing Part of your responsi- 19. Evaluating Reread the
bility as an American citizen is to be Bill of Rights, and identify one freedom
informed about what the government is that is protected there. Then review your
doing and to voice your opinion about its local newspapers for an article relating to
actions. Draft a speech you would give at a that freedom. Based on the article you
school-wide meeting outlining your views read, is that freedom being protected or
on issues your school or community is cur- threatened? CA HI2.
rently facing. CA 8LS1.4

14. Citizen Participation

In an essay, discuss why citizen participa-
tion is essential to preserving the American
political system and how the basic free-
doms outlined in the Constitution allow Select the best answer for each of the
for that participation. CA 8WA2.4 following questions.

15. Using Your Write a short essay 20 Under the Constitution, the presi-
that describes what you have learned dent chooses judges to serve on
about the Constitution. Include a summary the Supreme Court, but each
of what you already knew and what you choice must be approved by the
wanted to learn. CA 8RC2.0 Senate. This is an example of
what principle of government?

Using Academic Vocabulary A checks and balances

B federalism
16. Use each of the following academic vocab-
ulary words in a separate sentence: C separation of powers
function grant D judicial review
intervene diminish 21 The highest level of the American
judicial system is the
Building Citizenship A appeals court.
17. Researching Local Government Contact B president’s cabinet.
a local government official to find out C Supreme Court.
about the basic plan, or constitution, of D House of Representatives.
your city or town. Share your findings
with the class. CA 8WS1.0 22 The government powers that are
shared between the federal and
state governments are known as
Reviewing Skills
A enumerated powers.
18. Summarizing B popular powers.
Information Read the summary of C reserved powers.
Marbury v. Madison on page 225. D concurrent powers.
Summarize the important parts of the
passage. CA 8RC2.0

CHAPTER 4 • The Constitution 245

 Government under the Articles of
Confederation was weak. When the
Founders wrote a new constitution,
they created a strong government.
It was based on British traditions
and the ideas of the Enlightenment.

Chapter 3 Chapter 4
A More The
Perfect Union Constitution

When • 1777–1790 • 1787–present

Where • The Northeast • Philadelphia, Pennsylvania

• The Northwest Territory
• The South

The Articles of Confederation

Seal of Congress

246
(t)Bettmann/CORBIS, (bl)Picture Research Consultant, (br)Courtesy U.S. Congress
 Chapter 3 Chapter 4
A More The
Perfect Union Constitution

Major Events • 1776–1780 Colonies become states

with written constitutions
• 1791 Bill of Rights added to
Constitution
• 1777 The Articles of Confederation • 1803 Marbury v. Madison
are the first constitution of the establishes Supreme Court’s power
United States of America of judicial review
• 1785 Ordinance of 1785 provides • 1866 Ex parte Milligan demonstrates
way to survey and sell western lands Supreme Court’s power to review
• 1786–1787 Shays’s Rebellion presidential policies
challenges national government • 1954 Brown v. Board of
• 1787 Northwest Ordinance sets up Education demonstrates
system under which western lands Supreme Court’s right to
may become states review state laws
• 1787 Constitutional Convention
meets
• 1787 Three-fifths Compromise is Linda Brown
temporary solution to slavery issue
• 1787–1790 Federalists work for
ratification of the Constitution and
Antifederalists work for its defeat

Some • Daniel Shays • Gouverneur Morris

• James Madison • John Marshall
Important • Edmund Randolph
People • Roger Sherman
• Alexander Hamilton Gouverneur
Morris

James Madison

How do these • Since the Articles of Confederation

could not solve serious problems, the
• The Bill of Rights guarantees certain
rights and freedoms to all U.S.
events and Founders developed a new citizens. The government may not
ideas affect constitution. We live under that
constitution today.
make laws that take them away.

our lives
today?

What was • 1777 Spanish establish town of

San José
• 1824 A new constitution
establishes the Federal Republic
happening in • 1781 Spanish found Los Angeles of Mexico, which includes the
California at • 1784 Father Junípero Serra dies province of California

this time?

(t)Carl Iwaski/TimePix/Getty Images, (bl)Burstein Collection/CORBIS, (br)Mary Evans Picture Library