chapter 3 planning guide · 2020. 1. 22. · daily quizzes: section 3* online quiz: section 3...

Review, Assessment, InterventionInstructional Resources

CHAPTER 3pp. 82–105

Overview: Students will learn about the goals of the Constitution and the government it creates.

Civic Participation Activities

Community Service and Participation Handbook: Chapter 3*

Constitution Study Guide*

Creative Teaching Strategies: Chapter 3*

Internet Activity: Federalism

Media Investigations: Chapter 3*

Holt Online Researcher

Students Take Action Activities*

Active Citizenship Video Program

Teaching Transparencies: Chapter 3*

Alternative Assessment Handbook*

Chapter and Unit Tests: Chapter 3: Tests A and B*

Chapter and Unit Tests for Differentiated Instruction: Chapter 3: Test C*

English and Spanish Audio Summaries*

OSP One-Stop Planner

Interactive Skills Tutor

Quiz Game

Standardized Test Practice Handbook: Activity 3*

Vocabulary Activities: Chapter 3*

Online Chapter Summaries in Three Languages

Section 1:Ideals of the ConstitutionThe Big Idea: United States citizens grant power to the government in the Constitution and in return, the government is to carry out the goals of the Constitution.

Challenge and Enrichment Activities: Chapter 3*

From the Source: Readings in Economics and Government: Reading 1: Magna Carta, Reading 2: Mayflower Compact*

Internet Activity: Comparing Constitutions

Internet Activity: Federalism

Graphic Organizer Activities: Chapter 3*

Law 101: Chapter 3*

Simulations and Case Studies: Lesson 1: Founding Documents Treasure Hunt; Lesson 2: Decoding the Document*


Daily Quizzes: Section 1*

Online Quiz: Section 1

Guided Reading Strategies: Section 1*

Main Idea Activities for Differentiated Instruction: Section 1*

Section 2:The Three Branches of GovernmentThe Big Idea: The Constitution divides power among three branches of government so that no one group holds too much power.

U.S. Supreme Court Case Studies: Case 1: Marbury v. Madison

From the Source: Readings in Economics: Reading 37: Judiciary Act of 1789*



Online Quiz: Section 2*



Section 3:An Enduring DocumentThe Big Idea: The Constitution is an enduring document that has met the needs of a changing country for more than 200 years.

Internet Activity: Amending the Constitution Alternative Assessment Handbook*


Online Quiz: Section 3



Chapter 3 Planning GuideCH

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82a TEACHER’S EDITION

Chapter Overview

The Constitution

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HOLT

Active Citizenship

HOLT

Active Citizenship

Student Resources

Teacher ResourcesKEYWORD: SZ7 TEACHER

KEYWORD: SZ7 CH3

Differentiated Instruction

Chapter and Unit Tests for Differentiated Instruction: Chapter 3: Test C*

Differentiated Instruction: Teaching ESOL Students

English Audio Summaries*

Spanish Audio Summaries*

Challenge and Enrichment Activities: Chapter 3*

Graphic Organizer Activities: Chapter 3*







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THE CONSTITUTION 82b

Video Program (VHS/DVD)Speed Limits and State Law

SE Student Edition Print Resource Audio CD

TE Teachers Edition Transparency CD-ROM

go.hrw.com Learning Styles Video

OSP One-Stop Planner CD-ROM * also on One-Stop Planner CD

With the One-Stop Planner, you can easily organize and print lesson plans, planning guides, and instructional materials for all learners.

Quiz Game CD-ROMQuiz Game CD-ROM is an interactive multimedia game that assesses student understanding, makes learning fun, and tracks student performance.

• Document-Based Questions

• Interactive Multimedia Activities

• Current Events• Chapter-based Internet

Activities• and more!

Holt Premier Online Student EditionComplete online support for interactivity, assessment, and reporting

• Interactive Maps and Notebook

• Standardized Test Prep• Homework Practice

and Research Activities Online

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Before You Teach

Why It MattersIn the hot summer of 1787, eminent statesmen, businessmen, and leaders from 12 of the 13 fl edgling states—perhaps the most talented such group ever assembled—met in Philadelphia in an attempt to solve the problems plaguing the newly formed United States. The result was nothing short of miraculous.

Enlightenment Inspiration The animating principle of these Enlightenment thinkers—many of them scholars of classical and European political theory—was the idea of popular sov-ereignty. As Section 1 explains, the Constitution put into words and into practice the theoretical principle that in order to live civilized, productive lives, individuals knowingly and voluntarily

surrendered their autonomy and consented to government power. On a larger level, the states voluntarily relinquished their sovereign powers, ceding them to the national government.

An Equal Division The framers were all too familiar with the abuses made possible when all the powers of a govern-ment reside within a single body (namely, the English monarchy) and so invoked another political theory: separation of powers. As Section 2 discusses, the division of governmental powers between the legislative, executive, and judicial branches, and the necessity for cooperation among them, guaranteed that the will of “We the People” would be carried out, without trampling the rights of the minority.

Design with Foresight Perhaps the most startling aspect of the framework erected in Philadelphia that summer is that it endures to this day. Section 3 highlights how the framers were careful to speak in broad terms, leaving the details to be worked out in the day-to-day operations of government and by the formal amendment process. The process they devised was fl exible enough to allow for correction of the few fl aws in the original document (in particular, electing and fi lling vacancies in the offi ce of vice president, corrected in the Twelfth and Twenty-Fifth Amendments) and to account for fundamental changes in society (such as equality among the races in the Civil War amendments and between the sexes in the Nineteenth), yet not permit fashionable causes of the day to be enshrined as fundamental law (the experi-ment with Prohibition in the Eighteenth and Twenty-fi rst Amendments being the rule-proving exception).

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Recent ScholarshipIn recent years, censorship of television broadcasts has become a widely debated topic among television viewers and in Congress. According to a 2005 CBS News/Associated Press article, in 2004, the Federal Communications Commission (FCC) received 1.4 million complaints from viewers, up from only 111 in 2000. The FCC also fi ned broadcasters $7.9 million as a result. In 2004, Congress began taking up legislation that would increase indecency fi nes from $32,500 to $500,000 for companies and from $11,000 to $500,000 for individuals. Supporters of the legislation, such as Represen-tative Joe Barton (R-Texas), claim that it “makes great strides in making it safe for families to come back into their liv-ing room.” However, opponents, like Representative Jerrold Nadler (D-New York), suggest other solutions: “I exercise my right not to view programming I consider offensive by using that miracle of modern technology, the remote control.”

Refresh Your KnowledgeThe Constitution sets up the government of the United States and gives the people the power to control the government. It creates levels of national government and state government and divides power among them. It also creates a separa-tion of power among the branches of national government so that one branch does not become too powerful. The Con-stitution has withstood 200 years of development and change in the United States, which can be attributed to its ability to be interpreted and amended.

Have students examine the arrangement of the Constitution, found on pages 53–81 in the student edition. Working with the class, write an outline of the Articles on the board, and ask students to draw connections between how and when the framers chose to address issues. Make sure that students understand that the Bill of Rights was written at a separate time, regardless of its placement in the student text.

82c TEACHER’S EDITION

Greg Massing

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Name Class Date

Contacting and Working with Government Officials

Students Take ActionTIP 2

Copyright © by Holt, Rinehart and Winston. All rights reserved.

Holt Civics 1 Students Take Action Activities

Some of the best sources of information for your community-project research will begovernment officials-both elected officials or those working for government agencies.However, these people are often very busy and receive many requests for their time. Youwant to be able to present yourself in a way that guarantees their respect and attention.

CONTACT BY MAIL

1. It is often best to contact a government official first by mail, especially if you arecontacting a state or federal official. Your letter should clearly state your name, whereyou go to school, and why you are contacting the official. It should then explain theproblem you are examining and what you hope to gain by contacting the official.This may be a request for an interview or merely information about the subject.

2. Try to keep the letter to one page. It should be as neat and professional as possible,with no errors of any kind. Be sure to type it and print it on clean paper. Ask an adultsuch as your teacher to proofread it before mailing.

CONTACT BY TELEPHONE

1. Even if you contact a source by mail, you should follow up with a telephone call tothe person’s office. In most cases, you will talk to a member of their staff. As in yourletter, clearly state who you are and why you are calling.

2. Ask the staff member how you can set up an interview with the official or speak tohim or her by telephone. This is also a good time to request any written informationthat the staff might have on the topic.

REMEMBER

• Always be courteous and polite when talking with government officials and membersof their staff.

• Always be respectful of your contact’s time. Thank him or her for taking the time todiscuss the subject with you.

• When making public presentations about your topic, be sure to acknowledge any helpyou received from government officials.

Read about how one group of students worked with government officials on their projectin Chapter 8 of your textbook.

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What They DidIn this chapter, your class will read about a group of students in Waterloo, Illinois, who successfully changed public policy not only in their town but eventually their county. Building on a science assignment that led to the discovery of high radon levels in 28 percent of the homes tested, students identifi ed a public health problem affecting an unknown number of peo-ple in Waterloo. Through research and the use of interested members of the media, students then created and presented a plan of action to local government. Thanks to this determined group of Project Citizen students, Waterloo and other towns in the county now better educate new home buyers about the dangers of radon and how to test for it.

What Your Class Can DoAs interested citizens, students pinpoint an issue in their community that, if tackled, may improve the community as a whole. As active citizens, students then follow the democratic process one step further: They fi nd and present a solution.As you discuss this chapter’s Students Take Action project with your class, work with students to brainstorm possible community heath problems in your town or city. Many issues will be common to towns across the country; others may be specifi c to your community. In order to begin to identify issues, consider the following questions with your class:

• Has there been a public-health issue covered repeatedly by local media in the past months?

• What health issues do your parents often worry about?

• Have you noticed any changes in the local environment that might signify a threat to the health of citizens in the community?

Students may raise the following community health issues, among others:

• Carbon monoxide poisoning

• Air pollution by local manufacturers

• Water quality

• Pesticide use by local farmers

Service-Learning Teaching TipInformation Sources To help your class successfully identify and analyze a community issue, arrange students into small groups to collect various types of information. Encour-age students to consult a range of resources. Suggest that they read the archives of local newspapers, track down details on the Internet, and make a list of any community groups that are already involved in public-health advocacy.

Additionally, students will be able to better estimate the impact of the possible health issue and begin to think of solutions once they speak with a range of community mem-bers, including their parents, neighbors, local reporters, and members of the town or city government. Work with the small groups to arrange interviews with these different sectors of the community, and set aside a day for students to report back on their interviews.

Students Take Action Activities“Working to Improve Community Health,” page 6 of the Student’s Take Action Activities booklet, provides a step-by-step plan for students to conduct their own community health service-learning project. The booklet’s rubrics, forms, and tip sheets can also be used to organize, assist, and evalu-ate student performance at each phase of the project.

THE CONSTITUTION 82d

Students Take Action:Working to Improve Community Health

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82 CHAPTER 3

THE UNITED STATES CONSTITUTIONIdeals of the Constitution

The Three Branches of Government

An EnduringDocument

SECTION 1

SECTION 2

SECTION 3

National Standards for Civics and GovernmentI. What are civic life, politics, and government? C. What are the nature and purposes of

constitutions?II. What are the foundations of the American

political system? A. What is the American idea of constitutional

government?III. How does the government established by the

Constitution embody the purposes, values, and principles of American democracy?

A. How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution?

B. How is the national government organized and what does it do?

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Standards FocusStandards by SectionSection 1: I.C, II.ASection 2: III.ASection 3: III.B

Preview StandardsI.C Explain how constitutions set forth the structure of government, give the govern-ment power, and establish the relationship between the people and their government.

III.A Explain how the overall design and specifi c features of the Constitution are in-tended to balance and check powers to pre-vent their abuse, e.g., separated institutions with shared powers, provisions for veto and impeachment, federalism, judicial review, separation of church and state, subordination of the military to civilian control, the Bill of Rights.

III.B Explain how and why beliefs about the purposes and functions of the national government have changed over time.

1. Ask students to recall some of the weaknesses of the Articles of Confederation. Examples include Congress’s lack of power to tax, the absence of a branch to carry out laws, the diffi culty of passing laws.

2. Discuss ways that the framers could improve these problems in a new constitution. List students’ responses on the board.

3. Explain that in this chapter students will learn about the goals and structure of the new government set up in the Constitution. As you read the chapter, check off the responses students listed as you come across them or eliminate them as necessary. Verbal/Linguistic

The Goals of the Constitution

82 CHAPTER 3

Key to Differentiating Instruction

Below Level Basic-level activities designed for all students encountering new material

At Level

Intermediate-level activities designed for average students

Above Level

Challenging activities designed for honors and gifted-and-talented students

Standard English Mastery

Activities designed to improve standard English usage

At Level

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Active Citizenship video program

THE UNITED STATES CONSTITUTION 83

The United States Constitution created a government fl exible enough to change with the times while still guaranteeing your basic rights and the rights of all Americans.

A NEWSPAPER EDITORIAL It is 1787 and you’re writing an editorial for a local newspaper. You want to convince your readers that the new Constitution will be much better than the old Articles of Confederation. In this chapter you’ll fi nd the information you need to support your opinion.

Watch the video to understand why the Constitution matters to citizens today.

PROTECTING COMMUNITY HEALTH What would you do if you learned that houses in your community were fi lled with a gas that causes lung cancer? Think about a plan to protect people in your neighborhood from this health problem.


Chapter Main Ideas Section 1 United States citizens grant power to the government in the Consti-tution and in return, the government is to carry out the goals of the Constitution.

Section 2 The Constitution divides power among three branches of govern-ment so that no one group holds too much power.

Section 3 The Constitution is an enduring document that has met the needs of a changing country for more than 200 years.

Online Resourcesgo.hrw.com

KEYWORD: SZ7 CH3ACTIVITY: Federalism

Analyzing Photos In this photo, people are waiting in line to see the original Constitution.

• Is the Constitution today the same as the original document? If not, how has it changed? The Constitution has changed slightly as a result of the 27 amendments that have been passed since the Constitution was written.

HOLT

Active Citizenship� Video Program

See the Active Citizenship Teacher’s Guide for strategies for using the video Speed Limits and State Law.

83THE CONSTITUTION 83

In this chapter, students investigate the symbolism of and messages behind political cartoons, includ-ing those that involve only im-agery. Encourage students to use context (see the chapter Reading Skill, “Finding a Main Idea”) and their knowledge of U.S. history to identify cartoonists’ messages.

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84 CHAPTER 3

In this chapter you will read about the United

States Constitution, the document that outlines

the founding principles of our nation and

our government. You will learn about the goals

of the Constitution, the three branches of

American government, and the role of the

Constitution in your world today. As you read

the chapter, look for the most important

concepts and main ideas. Use organizers or

take notes to help you remember them.

Helpful Hints for Identifying Main Ideas

1. Read the paragraph. Askyourself, “What is the topic of this paragraph—what is it mostly about?”

2. List the important facts and details that relate to that topic.

3. Ask yourself, “What seems to be the most important point the writer is making about the topic?” Or ask, “If the writer could say only one thing about this para-graph, what would it be?” This is the main idea of the paragraph.

When you are reading, it is not always necessary to remember every tiny detail of the text. Instead, what you

want to remember are the main ideas, the most important concepts around which the text is based. Use the Reading Focus questions at the beginning of each section to help you get started.

Identifying Main Ideas Most paragraphs in civics books include main ideas. Sometimes the main idea is stated clearly in a single sentence. At other times, the main idea is suggested, not stated. However, that idea still shapes the paragraph’s content and the meaning of all of the facts and details in it.

Finding Main Ideas

Main Idea: Americans’loyalties were divided as the colonies prepared for the Revolutionary War.

Topic: The paragraph is about Americans’ loyalties during the war.

The Revolutionary War began in 1775. Colonists known as Patriots chose to fight for independence. Loyalists—sometimescalled Tories—were those who remained loyal to Great Britain. Historians estimate that 40 to 45 per-cent of Americans were Patriots, while 20 to 30 percent were Loyalists. The rest were neutral.

Facts and Details: • Patriots wanted independence. • Loyalists wanted to remain part of

Great Britain.• Some people stayed neutral.

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Understanding the Skill Ask students to defi ne main idea (the most important concept around which a reading selection or paragraph is based). Explain that many times the main idea of a paragraph is the fi rst sentence. But sometimes, students will have to read an entire paragraph and fi gure out what the main idea is on their own. Review the process of fi nding this type of main idea by walking students through the sample on this page.

Find a Main Idea Have students turn back to Chapter 2. Tell them to choose one paragraph from the chapter and identify its main idea and supporting details. Then have students reread an entire blue-head section. Ask them to write the main idea in one sentence.

Reading Support English Audio Summaries

Spanish Audio Summaries

Guided Reading Strategies

Reading Support

OSP One-Stop Planner

Vocabulary Support Vocabulary Activities

Standardized Test Practice Handbook

84 CHAPTER 3



READING SKILLS 85

After you have read the passage, answer the following questions.

1. The main idea of the second paragraph is stated in a sentence. Which sentence expresses the main idea?

2. What is the fi rst paragraph about? What facts and details are included in the paragraph? Based on your answers to these questions, what is the main idea of the fi rst paragraph?

In our federalist system, the top layer of government is the national, or central, gov-ernment. The federal government makes laws that govern the whole country. The national government is based in our nation’s capital, Washington, D.C. It has offi ces and offi cials throughout the country and the world.

The second layer is the state govern-ments. Each state government has authority only over the people who live within that state. The state of California, for example, cannot pass a law governing the people of New York. Each state has its own capital, constitution, and state offi cials.

From Chapter 3, p. 89–90

The following passage is from the chapter you are about to read. Read it and then answer the questions below.

As you read Chapter 3, identify the main ideas of the paragraphs you are reading.

You Try It!

KEY TERMS

Chapter 3

Section 1popular sovereignty (p. 87)Preamble (p. 87)limited government (p. 88)majority rule (p. 88)delegated powers (p. 90)reserved powers (p. 91)concurrent powers (p. 91)

Section 2separation of powers (p. 93)legislative branch (p. 94)executive branch (p. 94)judicial branch (p. 94)checks and balances (p. 96)veto (p. 96)judicial review (p. 97)

Section 3amendment (p. 100)repeal (p. 100)cabinet (p. 101)

Academic VocabularySuccess in school is related to knowing academic vocabulary—the words that are frequently used in school assignments and discussions. In this chapter, you will learn the following academic word:

federal (p. 88)


85

Using Key Terms Preteach the key terms for

this chapter by reviewing the words with the class. Then instruct students to choose ten terms from the list and create a crossword puzzle using them. The numbered crossword clues should be the defi nitions of the terms. When students have fi nished their crossword puzzles, have them exchange puzzles with a partner and solve.

Verbal/Linguistic, Visual/Spatial

Focus on ReadingSee the Reading Skill and Focus on Reading activities, annotations, and questions in this chapter for more prac-tice with this reading skill.

Answers1. Each state government has authority over only people who live within that state. 2. national government; The top layer, the national government, makes laws that govern the whole country; the federal government is based in Washington, D.C., and has offices all over the world. Main idea: The national government, the top layer of our government, governs the whole country.

Point out to students that writing a main idea is not the same as summarizing a paragraph. Help students learn how to fi nd the main idea by telling them to ask themselves “What point is the author trying to make?”


86 CHAPTER 3

What gives the government the right to tell you what to do? You do. In the United States, the government receives its powers

from its citizens. As a citizen, you consent, or give your permission, to be governed every time you vote—or choose not to. Your study of civics will help you make good choices at election time.

Pilgrims Influenced the FramersThe Mayfl ower, the tiny ship carrying the Pilgrims to the New World, was supposed to land in what is now called Virginia. Vio-lently blown off course on its voyage from England, the Mayfl ower arrived in Massa-chusetts Bay instead. The two-month ocean journey tested the faith and spirits of the reli-gious Pilgrims aboard.

Pilgrims Agree to Be GovernedWilliam Bradford, who would soon be gov-ernor of the Massachusetts Colony, observed that on the day before their landing, some of the passengers were “not well affected to unity and concord.” That is, they were argu-ing. The colonists realized that before they got

Ideals of the ConstitutionBEFORE YOU READ

The Main Idea

The Constitution is an agreement between the citizens of the United States and the government that the people will grant powers to the government. In return, the government is to carry out the goals of the Constitution.

Reading Focus

1. How did the Pilgrims influence the framers of the Constitution?

2. What are the goals of the U.S. government as outlined in the Constitution?

3. What are the powers the Constitution gives to the fed-eral and state governments?

Key Terms

popular sovereignty, p. 87Preamble, p. 87limited government, p. 88majority rule, p. 88delegated powers, p. 90reserved powers, p. 91concurrent powers, p. 91

As you read, take notes on the

ideals of the Constitution. Use a graphic organizer like this one to record your notes.

TAKINGNOTES

Pilgrims’ Infl uence

John Carver, who signed the Mayflower Compact, became the first governor of Plymouth Colony.

This painting shows some of the Pilgrims signing the Mayflower Compact.

Federal and State

Governments

Reachingthe Goals


popularsovereignty

Preamble


Teach the Main Idea

Why It MattersExplain to students that the Constitu-tion outlines ideals for the country. Ask students what ideals they believe the United States is based upon. Write them on the board. Then ask them to provide an example of how each ideal affects their daily lives. Give them an example to get them started—freedom. Explain that students have the freedom to ex-press their own opinions or practice the religion of their choice.

Academic VocabularyReview with students the high-use academic term in this section.federal system of governing where powers are divided between the national govern-ment and the state governments (p. 88)

Key TermsPreteach the following terms: popular sovereignty consent of the governed (p. 87)Preamble introduction that explains why the U.S. Constitution was written (p. 87)limited government government with specifi c restrictions on its power (p. 88)majority rule principle that in a disagree-ment, everyone will accept the decision of most of the people (p. 88)delegated powers powers given to the federal government by the Constitution(p. 90)reserved powers powers held by the states (p. 91)concurrent powers powers the federal and state governments share (p. 91)

Taking NotesPilgrims’ Infl uence consent to be ruled by a government of their creation

Reaching the Goals limited government, majority rule, powers of the people

Federal and State Governments federalism, separation of powers, checks and balances 1. Teach Ask students the Reading Focus

questions to teach this section.

2. Apply Have students create a two-column chart. Title the chart Ideals and Goals of the Constitution. The fi rst column should be labeled Ideals and Goals and the second column should be labeled How the Constitution Reaches Them. As students read the section, have them fi ll in the fi rst column with the goals and ideals of the Constitution and the second column with the

ways these are addressed and guaranteed by the Constitution.

3. Review To review the section’s main ideas, have students help you complete a master copy of the chart.

4. Practice/Homework Have students choose one of the goals of the Constitution and write a short essay on how their lives would be affected if the Constitution did not incorporate this goal.

Ideals of the Constitution

At Level

86 CHAPTER 3



The second part of the excerpt de-scribes the purposes of the Pilgrims’ government and sets out their promise to be bound by the new government.

off their ship, they had better agree on some rules. The group decided that “there should be an association and agreement.” Bradford noted “that we should combine together in one body, and to submit to such government and governors as we should by common con-sent agree to make and choose . . .”

This was a historic decision. In the 1600s most people were governed or ruled with-out their consent. These Pilgrims knew they needed some government, so they took the next step. They willingly gave their consent to be ruled by a government that they would create.

Mayflower CompactThe agreement that the Pilgrims signed on November 21, 1620, is known as the May-fl ower Compact. The citizens of the new colony gave up some of their individual powers to the government they had creat-ed. At the same time, they agreed to submit to and obey the government they chose.

The Mayfl ower Compact includes some of the basic ideals upon which the United States was founded. For example, the Dec-laration of Independence states that gov-ernments should receive their powers from “the consent of the governed.” Later, the framers of the Constitution began that doc-ument with the words “We the People” to show that the foundation of their new gov-ernment was its citizens.

Government Power from the People“We the People . . .” These three small words are heavy with meaning. Like a stone dropped in a pond, these opening words of the Constitu-tion have rippled throughout time. The phrase has inspired generations of citizens around the world. But what does “We the People” mean?

The framers of the Constitution, following the ideas of the Mayfl ower Compact, chose these words to make it clear that the United States government gets its power from the American people. Government by popularpopularsovereigntysovereignty, or consent of the governed, is

one of our nation’s most cherished ideals.“We the People” appears in the Pream-

ble of the Constitution. The PreamblePreamble is an introduction that explains why the U.S. Con-stitution was written. It outlines the princi-ple of popular sovereignty when it states that the American people “do ordain [authorize] and establish this Constitution.” Govern-ment, once established by the free choice of the people, then serves the people, who have supreme power.

READING CHECK Summarizing What did the Pilgrims do that later influenced the framers of the Constitution?


HISTORIC DOCUMENT

The Mayflower CompactIn November 1620 the Pilgrim leaders aboard the Mayflowerdrafted the Mayflower Compact, the first guidelines for self-government in the English colonies. This excerpt describes the principles of the colony’s government.

“We whose names are underwritten, . . . do by these presents [this document] solemnly and mutually in the presence of God, and one of another, covenant [promise] and combine ourselves together into a body politic [government] for our better ordering and preservation and furtherance of the ends aforesaid [mentioned earlier];

and by virtue hereof, to enact, constitute [create], and frame such just and equal laws, ordinances [rules], acts, constitutions, and offices . . . as shall be thought most meet [fitting] and convenient for the general good of the colony unto which we promise all due submission and obedience.

The first part of the excerpt describeshow and why the Pilgrims decided to join together to form a government.

ANALYZING PRIMARY SOURCES

Why do you think the colonists felt the need to establish a government for themselves?

ANALYSISSKILL


AnswersAnalyzing Primary Sources Students might suggest that a government would help run the colony more smoothly.Reading Check They formed a government based on the cooperation and consent of the people.

1. Organize students into small groups. Ask each group to imagine that they are sailing to an uninhabited island in the Caribbean to set up a new colony. Upon their arrival, the group must create a set of rules to govern itself. First, the group must determine how it will create the rules—will one person determine them? Will the group decide together? Will they vote on the rules using majority rule?

2. Next, have the group create a master list of

its rules. Encourage the group to review the Mayfl ower Compact.

3. Have each group share its set of rules with the class. Also have them share how they came up with the rules.

4. Lead a classroom discussion on why rules are important to a colony or country.

Interpersonal, Visual/Linguistic Alternative Assessment Handbook: Rubric 14: Group Activity

Collaborative LearningCreate a Colony

How did the Pilgrims infl uence the framers of the Constitution?

Pilgrims Influenced the FramersRecall What historic decision did the Pilgrims make when they arrived in the New World? They willingly gave their consent to be ruled by a govern-ment that they would create.

Compare What important ideal did the Mayfl ower Compact and the Constitution share? the ideal of popular sovereignty, or consent of the governed

Evaluate Why do you think the framers thought popular sovereignty was so important? Possible answer: The framers probably thought that a government that ruled based on the people’s wishes would have the most success.

Simulations and Case Studies: Lesson 1: Founding Documents Treasure Hunt

From the Source: Readings in Economics and Government: Reading 2: Mayfl ower Compact

Reading Focus

Info to KnowReligious Freedom The Constitution promotes religious tolerance by giving people the right to practice the religion of their choice. However, religious tolerance was not the goal of the Pil-grims and their Massachusetts Colony. In England, the Pilgrims, or Separat-ists, had struggled to maintain their unity and self-suffi ciency in the face of government attempts to impose the state religion on them. They had fi nally been forced to fl ee to protect their separatism.

87

At Level


88 CHAPTER 3

Reaching the Goals of the ConstitutionThe Constitution is based on important principles that help to ensure government by popular sovereignty. These principles include limited government, majority rule with minority rights, and protection of indi-vidual rights.

Limited Government Prior to the Magna Carta in 1215, the king of England had nearly unlimited power. To keep the new government from becoming too powerful, the framers created a limitedlimitedgovernmentgovernment—one with specifi c restrictions on its power. The Constitution sets those limits so that citizens know what their gov-ernment is allowed to do and what it is notallowed to do.

Majority Rule with Minority Rights How can a government resolve disagree-ments among its citizens? One way is through majority rulemajority rule, the principle that in a disagree-ment, everyone will accept the decision of the majority (most of the people). Yet the fram-ers were concerned that a powerful majority

could violate the rights of the minority. So they included provisions to protect the rights of the minority and to allow the minority to express its views on issues.

Powers of the People Our most cherished rights and protections are stated in the Bill of Rights. Added to the Constitution in 1791, the Bill of Rights details the specifi c freedoms that belong to every United States citizen. Many Americans consider the Bill of Rights to be the jewel of the U.S. Constitution because it guarantees our freedoms. It is one of the most infl uen-tial documents ever written.

READING CHECK Finding the Main Idea What are the goals of the U.S. government as outlined in the Constitution?

Powers of the Federal and State GovernmentsAs you read in Chapter 2, the delegates to the Constitutional Convention had a problem. The Articles of Confederation were not work-ing. The delegates soon knew they needed a new plan for government.

The Preamble states the goals of the Constitution. These goals reflect the belief that the U.S. government should serve its citizens. They remain the goals of the country today.

Which of these goals do you think is most important? Explain your answer.

The new government should be a better union of states than the union created under the Articles of Confederation.

Form a more perfect union

The government should make laws and establish a system of courts that is fair to all.

Establishjustice

The government should preserve peace within the country.

Insure domestic tranquility

GoalsConstitution

of the

ACADEMIC VOCABULARYfederalof or relating to the central government in a system of governing in which powers are divided between different levels of government

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88

What are the goals of the U.S. govern-ment as outlined in the Constitution?

Reaching the Goals of the ConstitutionDescribe State the goals of the Constitution as listed in the Preamble in your own words. Students should use their own words to describe the following goals: to form a more per-fect Union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty.

Predict Do you think the govern-ment would be able to carry out the goals of the Constitution if it had unlimited power? Students’ answers will vary; students should recognize that people’s freedoms and the fair-ness of laws might be in jeopardy.

Challenge and Enrichment Activities: Chapter 3

True or False Answer each state-ment T if it is true and F if it is false. If false, explain why.1. In a limited government, it is

more likely that the government will abuse the rights of its people. F; The government has restrictions on its power so that it cannot abuse the rights of people.

2. In majority rule, the decision of most of the people is accepted. T

Checking for Understanding

English-Language LearnersVisualize the Constitution’s Goals

1. Organize students into small, mixed-level groups. Have them reread the goals of the Constitution. Then have each group create a three-column chart. In the fi rst column students should list the goals of the Constitution in their own words.

2. In the second column, students should illustrate the goal. In the last column, have the group rank each goal in order of its importance.

Goals Illustration Rank

3. Have each group present its chart to the class. Students should explain their rankings and describe their drawings. Each member should have some role in the presentation.

Visual/Spatial, Verbal/Linguistic Alternative Assessment Handbook: Rubric 13: Graphic Organizers

Differentiating Instruction Above Level

Reading Focus

AnswersQuick Facts Answers should include one of the goals and a clear explanation as to why students think it is most important.Reading Check to form a more perfect Union, establish justice, preserve peace, provide for the common defense, promote the well-being of the people, and safeguard the freedoms of the people


limitedgovernment

majority rule


The Federal SystemThe principle of federalism came to the fram-ers fi rst out of necessity and second out of their experiences. They were faced with the problem of needing a strong central govern-ment. At the same time, they wanted to keep independent state governments and to pre-serve self-government that had started with the Mayfl ower compact. From their experi-ence, the framers remembered the Revolu-tion. The colonies had fought against—and had defeated—the unwelcome rule of a strong central government. They had rebelled against a king who had tried to run colonial affairs. The framers certainly did not want to create that kind of interfering, powerful cen-tral authority. The solution the framers found was federalism, with its division of powers.

There are three main principles in our sys-tem of limited government: federalism, sepa-ration of powers, and checks and balances. The Constitution recognizes governments at two different levels, the national, or federal, government and the state governments.

In our federalist system, the top layer of government is the national, or federal, gov-ernment. The federal government makes lawsthat govern the whole country. The national

The government should work to protect the country from its enemies.

Provide for the common defense

The government should help provide for the well-being of all the people.

Promote the general welfare

The government should work to safe-guard the freedom of the people.

And secure the blessings of liberty

Income Tax and Your Paycheck

Benjamin Franklin once said, “Nothing can be said to be certain, except death and taxes.” What do you think he meant by this?

ANALYZING ECONOMICSANALYSISSKILL

One power that the Constitution gives to both federal and state governments is that of collecting taxes from citizens. With the ratification of the Sixteenth Amendment in 1913, it became legal for the federal government to tax citizens on their income. The majority of states also tax individual in-come, although nine limit or do not have state income taxes.

When you look at your first paycheck, you may be sur-prised at the percentage of your salary that goes to the government. In later chapters, you will learn how govern-ments use this money. Learn how to read your paycheck stub by looking for these items:

• Federal Income Tax• State Income Tax• Social Security Taxes (shown as FICA, OASDI, SS, or Soc Sec)• Medicare• Local Income Tax

Get a copy of Form W-4 from the Internal Revenue Service. Read the form to learn about your control over withholdings.



Reading Focus

What are the powers the Constitution gives to the federal and state governments?

Powers of the Federal and State GovernmentsIdentify What are some of the pow-ers that only the federal government has? To print money, control trade with other nations, provide for the country’s defense.

Evaluate Do you think it is impor-tant for states to have reserved pow-ers? Why or why not? Answers will vary, but students should explain their reasoning.

Graphic Organizer Activities: Chapter 3

Info to Know Federal and Unitary Systems Many countries around the world have a feder-al system of government much like that of the United States. These countries include Switzerland, Germany, Austria, Spain, Canada, and Australia. But there are also many countries that have a uni-tary system in which the national gov-ernment determines the powers of state and local governments. For example, in Great Britain, the national government offi cially has power over local govern-ments. However, in practice, local gov-ernments have considerable autonomy to act on their own.

Online Resourcesgo.hrw.com

KEYWORD: SZ7 CH3ACTIVITY: Comparing Constitutions

89

Unscramble the Preamble

1. Organize students into mixed level pairs.

2. Distribute the “Decoding the Document” worksheet from the Simulations and Case Studies booklet to each pair. Have students work together to decode the document. Then have a student read the document aloud.

3. To extend the activity, have student pairs choose a paragraph from the Constitution on pages 53–79 and create a puzzle similar to the one in this activity. Then have them exchange puzzles with another pair and solve puzzle. Verbal/Linguistic Simulations and Case Studies: Lesson 2: Decoding the Document

Differentiating InstructionLearners Having Difficulty

AnswersAnalyzing Economics Franklin was stating that the government will always have to tax by comparing it to something else that will always happen—people will eventually die

Below Level


90 CHAPTER 3

government is based in Washington, D.C. It has offi ces and offi cials throughout the coun-try and the world.

The second layer is the state governments. Each state government has authority only over the people who live within that state. The state of California, for example, cannot pass a law governing the people of New York. Each state has its own capital, constitution, and state offi cials.

One of the strong points of our federal sys-tem is that the national government can focus on matters of wide, national concern, such as national defense and international trade. At

the state level, each state has a different mix of people, traditions, needs, problems, and resources. Our federal system recognizes those differences and lets states solve local problems based on their own needs.

Federal Government PowersThe powers the Constitution specifi cally gives to the federal government are called delegated powersdelegated powers. For example, only the federal government has the power to print money and control trade with other nations. The federal government also has the power to provide for the country’s defense.

In 1885 American inventor Edward J. Claghorn patented the first seat belt, to prevent people from falling out of horse-drawn carriages traveling on bumpy, unpaved roads. More than 120 years later, seat belt use is higher than ever, thanks in part to legislation requiring the restraints in 49 of the 50 states.

You’re probably obeying a law every time you buckle your seat

belt. Since the early 1980s, states have taken steps to make sure that their citizens—especially children—are buckled in while driving or riding. In some states, if po-lice stop you for a violation, such as speeding, you can also be ticketed for not wearing a seat belt. In other states, the police can stop you and ticket you just for not being buckled in—these laws have been nicknamed “Click It or Ticket.” In some states, everyone in the car must be wearing a belt, whether they’re 3 or 93.

In general, the issue of public safety is left to the individual states to regulate. Some people argue that laws that make it illegal not to wear a seat belt violate personal civil liberties. But supporters of seat belt laws point to the fact that states have the responsibility to protect the lives and health of their citizens. One way to do that, they argue, is to require that all people wear their seat belts.

State of Virginia officials estimate that seat belt usage reduces the risk of death in auto accidents by 45 percent.

State Seat Belt LawsState Seat Belt Laws

1. Why do you think seat belt laws vary from state to state?

2. Do you think a driver’s age should affect which passengers have to wear seat belts?

EVALUATING THE LAWANALYSISSKILL

go.hrw.comKEYWORD: SZ7 CH3


reserved powers

concurrent powers


Info to KnowSeat Belt Stats In 2001, 31,910 people were killed in car accidents—60 percent of them were not wearing seat belts. The National Highway Traffi c Safety Administration estimates that seat belts saved 13,274 lives in 2001, and if all drivers and passengers over age 4 had been wearing seat belts, 7,334 more lives could have been saved.

Reading Skill Ask students to write one

sentence explaining the main idea of the State Seat Belt Laws feature. Ask students to compare their sentences with a partner, noting any similarities or differences.

AnswersEvaluating the Law 1. Possible answer: They vary based on the needs and opinions of people in each individual state. 2. Some students may think that people of all ages should wear seat belts regardless of the driver’s age, while other students might think that age should be a factor, with passengers in a car driven by a younger person being required to wear seat belts and passengers in a car driven by an adult driver being afforded the choice.

Find Examples of Government Powers

1. Ask students to study a current newspaper to fi nd one article about the national government’s use of one of its delegated powers and one article about a state government’s use of a reserved power.

2. Students may need to do research to learn delegated and reserved powers besides the ones mentioned in the section. Encourage

them to use the Internet or library resources if necessary.

3. Ask students to summarize each article and then describe the power that is being discussed. They should also describe the potential impact of the use of this power on the people of the state or country. Visual/Linguistic

Differentiating Instruction Advanced Learners/GATE

Above Level

90

Research Required


delegated powers

State Seat Belt Laws


Under the Articles of Confederation, the central government did not have some of these important powers. That was one of the drawbacks of the Articles. To overcome these problems, the Constitution delegated important powers to the federal government alone. This made the national government stronger. However, the framers also wanted to limit the power of the federal government, to keep it from becoming too powerful.

State Government PowersThe Constitution gives several important powers to the states alone, allowing them to manage their own affairs. For example, states conduct all elections, even for national offi c-es. States alone are responsible for establish-ing schools. State governments also regulate trade within the states.

The states, or the people, have all the pow-ers that the Constitution does not give specifi -cally to the federal government. These powers are known as reserved powersreserved powers because they are reserved, or set aside, for the states or the people. The state governments, for example, conduct elections, regulate trade within the state, and establish local governments.

Shared PowersThe federal and state governments also share many powers. These powers are known as concurrent powersconcurrent powers. For example, both the federal and state governments can raise money through taxes. Both have the power to borrow money. The federal and state gov-ernments also share the power to establish courts, to create banks, to enforce laws, and to provide for the health and well-being of the American people.

States do pass laws. What happens when a state law disagrees with the Constitution or with a federal law? The state law is invalid. The framers of the Constitution made this clear by stating that the Constitution and the laws of the federal government shall be “the supreme law of the land.”

The Constitution expresses our nation’s commitment to individual freedoms, democracy, and equal justice under the law. The constitutional principle of feder-alism both grants government powers and limits them. In this way, each level of gov-ernment can do its part to meet the consti-tutional commitments.

READING CHECK Drawing Inferences and Conclusions Explain why the Constitution sets out the powers granted to the federal and state governments.

Reviewing Ideas and Terms1. a. Defi ne Write a brief defi nition for the terms popular

sovereignty and Preamble. b. Explain What did the Pilgrims do that later

infl uenced the framers of the Constitution? c. Predict Is a government that states that it receives

its power from the people likely to be more stable or less stable than a government that takes power by military force? Explain your reasoning.

2. a. Defi ne Write a brief defi nition for the terms limited government and majority rule.

b. Analyze Which of the six goals of the Constitution do you think is most important? Give reasons and examples to support your answer.

3. a. Defi ne Write a brief defi nition for the terms delegated powers, reserved powers, and concurrent powers.

b. Find the Main Idea Why is it important that the federal government and the state governments have separate as well as shared powers?

Critical Thinking4. Comparing and Contrasting Use your notes and

a graphic organizer like the one here to identify powers granted to federal and state governments and powers that they share.

Focus on Writing5. Analyzing Information

Write a poem or song that describes how the ideals of the Constitution affect your life today.

KEYWORD: SZ7 HP3

go.hrw.comOnline Quiz

SECTION 1 ASSESSMENT


Federal StateShared


CloseHave students summarize the goals of the Constitution and the way the federal system works.

Review Online Quiz: Section 1 Quiz Game

AssessSE Section 1 Assessment

Daily Quizzes: Section 1

Reteach Main Ideas for Differentiated Instruction: Section 1

AnswersReading Check Possible answer: The Constitution clarifies the powers held by the national and state governments so that the national government can be strong, but the states can still manage their own affairs.

Section 1 Assessment Answers

1. a. popular sovereignty, p. 87; Preamble. p. 87 b. formed a government based on coopera-tion and consent of the people c. Possible answers: Government of the people is more stable because people have a say in govern-ment, leading to less unrest; government by military force is more stable because people are scared to disagree with the government.

2. a. limited government, p. 88; majority rule, p. 88 b. Answers should include reasons and examples.

3. a. delegated powers, p. 91; reserved powers,

p. 91; concurrent powers, p. 91 b. Possible answer: to prevent either one from becoming too strong

4. Federal: print money, control trade with other nations, provide for the country’s defense; State: conduct all elections, establish schools, regulate trade within the states; Shared: raise money through taxes, borrow money, establish courts, create banks, enforce laws, provide for health and well-being of Americans

5. Poems or songs should refer to at least four constitutional ideals.

91


92 CHAPTER 3

Historical DocumentsHistorical Documents

Charters of the Virginia Company of London In 1607 the Virginia Company of London formed the colony of Jamestown in what is now Virginia. The company’s charters included the ideas of government by con-sent of the governed and the right of people to enjoy the fruits of their labor.

In 1619 the company formed a General Assembly at Jamestown. The Jamestown colonists looked to the company charters for rules of government as well as for guarantees of fundamental rights and liberties.

Virginia Declaration of Rights, 1776 Thepeople of Virginia drafted their constitution during the Revolutionary War. The Virginia Declaration of Rights accompanied this con-stitution. The Declaration of Rights stated that people’s inherent rights came from nature rather than government. The declaration also stated that people possess fundamental rights

Origins of the RepublicSome of the basic principles of government contained in the Declaration of Independence and the U.S. Constitution can be found in much earlier documents from Virginia.

such as the enjoyment of life, liberty, prop-erty, and the pursuit of happiness.

Virginia Statute of Religious Freedom In1779 Thomas Jefferson drafted the Virginia Statute of Religious Freedom, which was based on the principle that church and state should be separated. This statute was written in reac-tion against the Virginia legislature’s attempts to make taxpayers provide for churches.

Ties to the Constitution Although the Vir-ginia documents established important rights and freedoms, the Declaration of Inde-pendence and U.S. Constitution guarantee freedoms that were left out of these earlier documents. For example, the Bill of Rights grants citizens freedom of speech, the right to assemble, the right to petition the gov-ernment, the right to a trial by grand jury, and the right to legal representation—all privileges and rights not mentioned in the earlier documents. Nevertheless, the Vir-ginia documents all embody the principle of government according to rules established in a written document. More important-ly, perhaps, they contain ideas about the inherent rights of life, liberty, the pursuit of happiness, and government by consent of the governed—core values that have shaped U.S. politics for more than 200 years.

1. What is the significance of the General Assembly that met in Jamestown, Virginia, in 1619?

2. Why is Thomas Jefferson’s Statute of Religious Freedom important today?

3. How might a fundamental or “inherent” right be defined?

Virginia Declaration of RightsThe Declaration states that “all men are by nature equally free and independent.” This idea is also included in the Declaration of Independence.

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Info to KnowThomas Jefferson It is no wonder that the ideals of Virginia’s early govern-ment resemble those ideals present in the Declaration of Independence—Thomas Jefferson played a role in establishing both. Jefferson was born and raised in Virginia, and raised his family there. Jefferson spent his early years studying and then practicing law in Virginia, an interest that led him into public service. He served as magistrate and county lieutenant in Abermarle, the county in which he was raised. He was later elected to the Virginia House of Burgesses when he was just 25 years old. Some historians believe that Jefferson’s early experiences in local government formed his belief in the im-portance of protecting individual rights and limiting the reach of government.

Answers1. It is thought to be the first freely elected parliament of self-governing people in North America. 2. Today, the government is still not allowed to establish a religion, and church and state remain separated. 3. Possible answer: right that people are born with

Compare and Contrast Documents

1. Have students create three Venn diagrams like the one shown here to compare each of the documents featured on this page with the Constitution.

2. Ask them to use the information from the feature as well as information from the rest of the chapter to complete the diagrams.

3. When students are fi nished, prompt them to share their fi ndings as you create master diagrams on the board. Verbal/Linguistic Alternative Assessment Handbook: Rubric 13: Graphic Organizers

Learners Having Diffi culty

Differentiating Instruction At Level

ConstitutionVirginia

Declaration Of Rights


TAKINGNOTES

As you read, take notes on the U.S.

government. Use a chart like this one to record your notes on the separation of power, the three branches, and checks and balances.


The Three Branchesof GovernmentBEFORE YOU READ

The Main Idea

The Constitution prevents any person, or any part of the government, from taking too much power. It does this by creating three separate branches of the federal government and distributing power among them.

Reading Focus

1. Why does the Constitution provide for the separation of powers?

2. What are the main respon-sibilities of each of the three branches of government?

3. How does the system of checks and balances work?

Key Terms

separation of powers, p. 93legislative branch, p. 94executive branch, p. 94judicial branch, p. 94checks and balances, p. 96veto, p. 96judicial review, p. 97

Why do we have three branches of government? The framers believed that separating legislative, execu-tive, and judicial duties would pre-

vent complete power from falling into the hands of any one person or group.

Separation of PowersHaving all government power in the same hands is, in James Madison’s words, “the very defi nition of tyranny.” The framers of the Constitution agreed with Madison. They could have created a central govern-ment with all government power concen-trated in one group of people. Many people feared such an all-powerful government.

As a shield against tyranny, the framers created separate branches of the federal gov-ernment. One branch would write the laws. Another would carry out the laws. A third branch would intepret the laws. This struc-ture is called the separation of powers.

READING CHECK Summarizing Why did the framers separate the powers of government?

The president is the head of the executive branch. The nine justices of the

U.S. Supreme Court are part of the judicial branch of our government.

Members of both the Senate and the House of Representatives meet in the House chamber when the president gives his speech.

President George W. Bush addresses Congress, the Supreme Court, and other important officials in the annual State of the Union address.

Separation of Powers

Three Branches

Checks and Balances


AnswersReading Check to prevent one group of people from having too much power

93

Why It MattersWrite the terms executive branch, legislative branch, and judicial branch on the board. Ask students to tell you to which branch Congress, the president, and the courts belong. Help them with hints if they do not know the answers. Then ask them which branch has the most power. Explain that the power is divided equally. Lead a discussion on what problems might arise if one branch had too much power.

Key TermsPreteach the following terms: separation of powers division of power among the three branches of government, p. 93legislative branch lawmaking arm of the government, p. 94executive branch part of government that carries out the laws, p. 94judicial branch arm of government that interprets the law, p. 94checks and balances system that ensures equal distribution and limits of pow-ers, p. 96veto reject, p. 96judicial review principle that allows the courts to review acts of other government branches to decide whether or not they have acted correctly, p. 97

Taking Notes

Separation of Powers

created to prevent one group of people from having all of the power in the government

Three Branches

consists of the legislative, executive, and judicial branches

Checks and Balances

creates limits on each branch’s powers, providing a balance among the branches

Teach the Main Idea

The Three Branches of Government1. Teach Ask students the Reading Focus

questions to teach this section.

2. Apply Ask students to create an outline of the section as they read. Then divide students into three groups. Assign a branch of government to each group and have them create a collage using magazine and newspaper clippings and drawings that show the functions and importance of the branch. Encourage them to use the information from their outlines to help get them started.

3. Review Have each group present its collage to the class and explain what the pictures represent and why they were chosen.

4. Practice/Homework Have students create a chart showing the groups, people, and departments that make up the branches of government.

At Level


The Three Branches of GovernmentThe concept of separation of powers had been written into many state constitutions already. For instance, Georgia’s constitution stated that, “the legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.”

The Legislative Branch“[I]n republican government, the legisla-tive authority necessarily predominates [is supreme],” James Madison wrote in TheFederalist No. 51. The Constitution refl ects this idea. Article I of the Constitution creates the United States Congress as the legislativelegislative branchbranch, the lawmaking arm of the federal gov-ernment. Article I establishes the United States Congress as the legislative branch. Congress’s functions are described in greater detail in the Constitution than the functions of the other branches. Besides making laws, Congress con-trols the money for the national government. This gives Congress great power.

The fi rst Congress went right to work in the spring of 1789. In 519 days, it passed laws that helped set up the entire government. It constructed a fi nancial system, organized new departments of the government, wrote the Bill of Rights, dealt with debts from the Revolu-tionary War, and chose a permanent location for the nation’s capital: Washington, D.C.

The Executive BranchOnce George Washington took offi ce as the nation’s fi rst president, Congress had to fi gure out how he should be addressed. The Senate came up with “His Highness the President of the United States of America and Protector of the Same.” Opponents in the House of Rep-resentatives laughed at the suggestion of this kingly title. So Congress decided on the more modest title we use today: “Mr. President.”

The president is head of the executiveexecutive branchbranch of the government, established by

Article II of the Constitution. The executive branch is responsible for executing, or car-rying out, the country’s laws. At fi rst, the executive branch consisted of just the presi-dent and the vice president, as specifi ed in the Constitution. Today the executive branch includes the 15 departments that make up the president’s cabinet. The executive branch also includes thousands of departments, divisions, commissions, and offi ces. The most recent addition to the executive branch was the new cabinet department called the Depart-ment of Homeland Security, created in 2002 to guard against terrorism.

The Judicial Branch The Constitution described relatively little about the third branch of the government. The judicial branchjudicial branch, established in Article III, interprets the meaning of the laws passed by Congress and sets punishments for people who break the law.

The Constitution created the Supreme Court as the head of the judicial branch. It also set the limits of judicial power and cre-ated a process for appointing judges. Yet it left to Congress the enormous job of actu-ally setting up the system of “lower” courts, those beneath the Supreme Court.

READING CHECK Comparing and Contrasting Compare the functions of the three branches of government.

Checks and BalancesWhen creating the three branches of gov-ernment, the framers often looked to Euro-pean philosophers for wisdom about human behavior and its effects on government. One such source was a 1748 work, The Spirit of the Laws, by the French philosopher and judge Baron de Montesquieu. Montesquieu described how liberty could be threatened if one branch of government became too hungry for power. He argued for a balance of power among the branches of government.

94 CHAPTER 3

cp07se_C03_final(r).indd 94 10/11/05 8:21:43 AM cp07se_C03_final(r).indd 95 10/11/05 8:21:57 AMDifferentiating Instruction

AnswersReading Check All of the branches have equal power and play a part in the process of law. The legislative branch makes the law, the executive branch carries out the law, and the judicial branch interprets the law.

Advanced Learners/GATECompare and Contrast Governments

1. Have students do research to fi nd one country whose government has a separation of powers (not the United States) and one government in which all of the power is concentrated in one central government.

2. Ask students to write a report comparing and contrasting the two governments. Tell them

to compare the structures of the governments, and discuss the benefi ts and problems associated with each governmental system.

3. Encourage students to include relevant maps and graphic organizers. Verbal/Linguistic Alternative Assessment Handbook: Rubric 9:

Comparing and Contrasting

94

Reading Focus

Why does the Constitution provide for the separation of powers?

Separation of Powers Recall Did James Madison believe that separation of powers was a good idea? Explain. Madison believed in separation of powers, since he feared that concentrating all governmental powers in one man or group would create a tyranny.

Make Inferences What part of Americans’ recent past do you think made them very concerned about preventing a tyranny? They had just won independence from Britain under which they were ruled by a tyrannous king.

Research Required

Reading Focus

What are the main responsibilities of each of the three branches of government?

The Three Branches of GovernmentDescribe What are some of the duties of Congress? make laws and control the money for the national government

Evaluate Why do you think the exec-utive branch has grown so much since the Constitution was written? Possible answer: The country has grown in size and population and many things have changed, requiring more people to address more needs and issues.

Above Level


legislativebranch

executivebranch

judicial branch



ANALYSISSKILL ANALYZING VISUALS

1. How does the federal system limit the powers of government?

2. What checks does the executive branch have over the other two branches?

The genius of the U.S. Constitution is that it spreads the powers ofgovernment both within the national government and between thefederal government and state governments.

PrinciplesLimited Governmentof

In our system of government, some powers of government belong only to the federal government, while others belong only to the state governments. Still other powers are shared by both levels of government.

Federalism1

SharedPowers

StatePowers

FederalPowers

Each of the three branches of gov-ernment has ways to check, or limit, the powers of the other branches.

ChecksandBalances

3

The powers ofgovernment are divided among the executive, legisla-tive, and judicial branches.

Separationof Powers

2

Legislative• Can impeach

and remove the president

• Can override veto

• Controls spendingof money

• Senate can refuse to confirmpresidentialappoint-mentsand ratify treaties

Judicial• Can declare

executiveacts uncon-stitutional

• Judges, appointedfor life, are free from executivecontrol

Executive• Can veto

acts of Congress

• Can call specialsession of Congress

• Can suggest laws and send mes-sages to Congress

Judicial• Judicial

review: Can declare acts of Congress unconstitu-tional

Executive• Appoints

federaljudges

• Can grant reprievesand pardons for federal crimes

Legislative• Can impeach

and remove federaljudges

• Establishes lower fed-eral courts

• Can refuse to confirm judicialappoint-ments

Enforces lawExecutive

Makes lawLegislative

Interprets lawJudicial

3✴ Interactive Art

go.hrw.comKEYWORD: SZ7 CH3

cp07se_C03_final(r).indd 95 10/11/05 8:21:57 AMCritical Thinking: Analyzing Primary Sources Study the Judiciary Act of 17891. Have students read the Judiciary Act of 1789

in From the Source: Readings in Economics and Government.

2. Have them explain the structure of the courts as outlined in the law in their own words.

3. Then ask students to complete the critical thinking questions at the end of the reading. Discuss the answers with students.

Verbal/Linguistic From the Source: Readings in Economics and

Government: Reading 37: Judiciary Act of 1789AnswersAnalyzing Visuals1. through a system of checks and balances2. It can veto acts of Congress in the legislative branch, and grant reprieves and pardons in the judicial branch.

95

Above Level

MISCONCEPTION ALERT

Make sure students understand that although the Constitution had little to say about the judicial branch, this does not mean that the framers believed the branch was less important than the oth-ers. Reiterate that the power of the judi-cial branch is equal to that of the other branches. Provide examples of this.

✴ Interactive Art: Have students visit go.hrw.com (Keyword: SZ7 CH3) to use an interactive version of “Three Principles of Limited Government.”

Analyze Charts How can the judicial branch check the powers of the other branches? can declare acts of Congress unconstitu-tional; can declare acts of executive branch unconstitutional; judges are appointed for life and are free from executive control


A Balance of PowerThe framers provided this balance of power in the U.S. Constitution by giving each gov-ernment branch powers that limit, or check, the powers of the other two branches. This scheme ensures that no branch of the federal government becomes too powerful. This equal distribution of powers and limits on power is called the system of checks and balanceschecks and balances.

President Can Check Congress The chart on the previous page shows how the system of checks and balances works. For instance,

while Congress has the power to make laws, the president has the power to vetoveto, or reject, proposed laws. (The Latin word veto means “I forbid.”) With this veto power, the president can check the lawmaking power of Congress.

Congress Can Check the President In turn, the Constitution gives Congress a check on the president’s veto power. It allows Con-gress to override a presidential veto—that is, to pass the law despite the veto. Overrid-ing a veto requires a two-thirds vote of both houses of Congress.

96 CHAPTER 3

POLITICAL CARTOON

Checks and BalancesThis cartoon illustrates one way to view the system of checks and balances set up in the Constitution.

President Nixon claimed that he did not have to release tape-recordings of conversations in his Oval Office to a Senate committee investigating during the Watergate scandal of the 1970s.

Why do you think that the constitutional system of checks and balances is shown as a contest of strength between branches of government?

ANALYSISSKILL ANALYZING POLITICAL CARTOONS

How does this image show why a system of checks and balances is necessary?

Senator Sam Ervin was chairman of the Senate committee investigating the Watergate cover-up.


judicial review


Info to KnowVeto Overide Obstacles Congress may have the power to override a veto, but it has had limited success in doing so. For example, President Franklin D. Roosevelt signed 372 vetoes—Congress only overrode nine of the vetoes during Roosevelt’s administration. President George H. Bush signed 22 vetoes, only one of which was overridden. President Andrew Johnson suffered through the most veto overrides. Johnson signed 21 vetoes, 15 of which were overridden.

AnswersAnalyzing Political Cartoons It shows an example of the need for the power of one branch to be checked by another in order to prevent political corruption.

Collaborative Learning Act Out Checks and Balances1. Organize students into small groups. Assign

two branches of government to each group without letting the other groups hear your assignment.

2. Tell students to create a skit in which they act out the duties of their assigned branches. Then have them create a second skit in which they demonstrate how one of their branches

can check the power of the other branch.

3. Have students present their skits to the class without revealing their branches. After each skit is performed have students guess the branch and the check the group is acting out.

Kinesthetic Alternative Assessment Handbook: Rubric 33:

Skits and Reader’s Theater

96

Reading Focus

How does the system of checks and balances work?

Checks and BalancesExplain How can Congress check the President’s veto power? It can over-ride vetoes.

Sequence Put the following events in the proper order: (a) President ve-toes law; (b) Supreme Court declares law unconstitutional; (c) Congress overrides veto and passes law; (d) Congress proposes law. d, a, c, b

Predict What might happen if Con-gress could not override a presidential veto? The President might have too much power.

At Level


checks and balances

veto


Checks, Balances, and the Judicial BranchAlthough the Constitution says relatively little about the judicial branch, President Washington believed that setting up the judicial branch was “essential to the hap-piness of our country and to the stability of its political system.” Congress went to work, passing a law that made the Supreme Court the head of the judicial branch. They set the number of Supreme Court justices at six, including a chief justice. Congress established the lower federal courts and designated their relationship to the state courts. Even when the judicial branch had been created, it was not clear how much power it would have in the checks and bal-ances system. The Supreme Court defi ned the role of the judicial branch through one major ruling.

The Courts and Judicial ReviewIn an 1803 case called Marbury v. Madison,Chief Justice John Marshall established the principle of judicial reviewjudicial review. According to this principle, it is up to the courts to review the acts of the other branches of government and decide whether the government has acted correctly.

As a result of Marbury, the Supreme Court can check the powers of the other branches. For example, it can decide if laws passed by Congress are constitutional and can strike down laws that are unconstitu-tional. The Supreme Court can also deter-mine if an act of the president or members of the executive branch are constitution-al. Later in this book you will learn more about how the branches of the federal gov-ernment check and balance each other.

The Constitution embodies our Ameri-can ideals of liberty and justice. No govern-ment—federal, state, or local—is supposed to act in violation of the Constitution. Some-times, however, a legislative body passes a law that may or may not be unconstitutional.Such a law may be challenged in the judicial

system. In some cases, that challenge may go all the way to the U.S. Supreme Court. It is the Supreme Court that enforces the Consti-tution as the highest law of the land.

READING CHECK Evaluating Why is the system of checks and balances important to government?


Reviewing Ideas and Terms1. a. Defi ne Write a brief defi nition for the term

separation of powers. b. Recall Why were the framers of the Constitution

concerned about concentrating government power in one place?

c. Describe What is the separation of powers under the U.S. Constitution?

2. a. Defi ne Write a brief defi nition for the terms legislative branch, executive branch, and judicialbranch.

b. Explain When it comes to the country’s laws, how is the legislative branch’s responsibility different from the executive branch’s responsibility?

c. Predict What do you think would happen if a president tried to avoid carrying out a law because he or she thought that the law was unconstitutional?

3. a. Defi ne Write a brief defi nition for the terms checksand balances, veto, and judicial review.

b. Explain Does veto power enable the president to stop any law passed by Congress? Why or why not?

c. Evaluate How important do you think it is that the Supreme Court can review laws passed by Congress and, if necessary, declare the laws unconstitutional? Explain your answer.

Critical Thinking4. Categorizing Copy the graphic organizer. Use it to list

the powers of each branch of the U.S. government.

Focus on Writing 5. Identifying Points of View Write a newspaper

editorial explaining what might happen if the system of checks and balances were eliminated.

Executive Legislative Judicial

KEYWORD: SZ7 HP3




CloseReview the responsibilities of each branch of government and describe how each can check the power of the other two branches.

Review Online Quiz: Section 2 Quiz Game



Reteach Main Ideas for Differentiated

Instruction: Section 2

Section 2 Assessment Answers

1. a. separation of powers, p. 93 b. They didn’t want to give a lot of power to one person or group of people. c. power is divided among three branches

2. a. legislative branch, p. 94; executive branch, p. 94; judicial branch, p. 94 b. The legisla-tive branch makes laws, while the executive branch enforces them. c. Congress could impeach the president, or the president could appeal the law to the judicial branch for it to determine whether the law is unconstitutional.

3. a. checks and balances, p. 96; veto, p. 96;

judicial review, p. 97 b. No; Congress can override the president’s veto. c. Possible answer: very important; Congress would have too much power to pass laws without this review.

4. executive: carries out laws; legislative: makes laws, controls money for other branches; judicial: interprets laws, punishes lawbreakers

5. editorials should mention possibility of one branch becoming too powerful, or infringing on the rights of the people

AnswersReading Check to keep one branch from having too much power

97


98 CHAPTER 3

n November of 2004, the City Council of Waterloo, Illinois, unanimously passed a resolution that said, in part, “that any home being sold in Waterloo should be tested with a short-term radon canister so that the quantity of radon in the home may be determined.”

Community Connection Students from Waterloo Junior High had studied radon gas in their science classes. They learned that radon is the second-leading cause of lung cancer deaths in the United States. As part of the science classes, all 8th grade students were offered a free radon test canister to test for radon gas in their homes. Data collected by the students showed that 28 percent of the homes tested had radon levels above what is considered safe for human health.

Taking Action Disturbed by these results, students used what they had learned in Civics class about local government. They called and met with local offi cials. Students also invited the local media to pub-lish the results of the residential radon study. Then, students presented their data to the City Council, which passed the radon testing resolu-tion. The next year, another Project Citizen team worked to get the county Board of Commissioners to pass a similar resolution at the county level. As a result of the efforts of Project Citizen student teams, all new-home construction permits in Waterloo, Illinois, are now required to include educational information about installing pas-sive radon-reduction systems.

ImprovingImprovingCommunity Health Community Health

1. How did the students at Waterloo Junior High use their knowledge of science to help the local community?

2. Why were good relationships with the city government and local media so important to the success of the Waterloo service-learning project?

KEYWORD: SZ7 CH3

go.hrw.comProject Citizen

Students from Waterloo Junior High School explain the results of their radon study to the city council.

SERVICE LEARNING


98

Info to KnowAn Invisible Killer Although less well known to the public, radon is almost as dangerous as smoking when it comes to lung cancer. In 2005, the Surgeon General and the Environmental Protec-tion Agency estimated that exposure to radon causes over 20,000 deaths each year. Given its colorless and odorless characteristics, radon can go undetected for years if residents do not actively test their homes for its presence. Radon levels can vary from home to home in a community, depending on the amount of decaying uranium in soil and rocks around a house. Well water and building materials are also sources of radon.

Students Take Action Activities

Answers Thinking about Service Learning 1. Students used what they knew about radon to test for dangerous levels in local homes. 2. Students were able to use their relationship with the media to educate the public and use their relationship with politicians to get necessary action taken and laws passed.

Work with a colleague who teaches biology or chemistry to help students create a radon time line, beginning with how uranium decays underground and ending with how radon reaches living tissue inside the human body. After the class fi nishes the time line, review each event with students and ask them to add

annotations indicating the different opportunities for radon detection and prevention. As an example, remind students of the educational fl yer the Waterloo Project Citizen team helped make mandatory for new-home construction permits in their town and county. Verbal/Linguistic

Create a Radon Time Line

Interdisciplinary Connection: Focus on Science Above Level



An Enduring DocumentBEFORE YOU READ

The Main Idea

The Constitution is an enduring document that has met the needs of a changing country for more than 200 years.

Reading Focus

1. How did the framers envision change when writing the Constitution?

2. What are two ways in which the Constitution may be changed?

Key Terms

amendment, p. 100repeal, p. 100cabinet, p. 101

As you read, use the graphic

organizer below to take notes on the U.S. Constitution.

TAKINGNOTES

Our nation has changed greatly since 1787, when the Constitution was written. However, the framers of the Constitution planned a sys-

tem of government that could adapt to meet chang-ing conditions and changing needs. The U.S. Constitu-tion is truly an enduring document.

Envisioning ChangeThe authors of the Constitution sat at wooden desks, dipping a quill pen into a bottle of ink to scratch notes on paper made of pressed animal skin. When they fi nally fi n-ished the document, it was copied on wood-

en printing presses. It took days or weeks for the copies to be delivered, on horseback or by carriage, to the 13 states.

The Constitution has traveled in time for more than two centuries to the legislators of the present. Today’s lawmakers ride in cars and airplanes, talk on cellular phones, and get email on portable electronic devices. Their discussions in Congress appear instantly to millions of people worldwide on television and the Internet. Lawmakers wrestle with issues unimaginable to the nation’s founders: What steps should the nation take to protect against nuclear terrorism? How should the government spend its trillions of dollars?

The framers of the Constitution of the United States knew that we the people might need to change the Constitution. Therefore, they included ways for us to amend the document.

The Constitution of the United States

Amendingthe

Constitution

Congress and the

Constitution

Interpretingthe

Constitution


Teach the Main Idea

THE CONSTITUTION 99

Why It MattersAsk students to name technological innovations that did not exist at the time the Constitution was written. (Possible answers include television, telephones, CD players, airplanes, and comput-ers.) Discuss with students how they think the Constitution remains valid and useful today despite these changes. Help students recognize that the framers developed a structure that could endure time but also left room for change.

Key TermsPreteach the following terms: amendment written change made to the Constitution, p. 100repeal cancel, p. 100cabinet leaders in the executive branch who advise the president, p. 101

Vocabulary Activities: Chapter 3

Taking Notes

Amendingthe

Constitution

InterpretingThe

Constitution

Congressand the

Constitution

Amendments must be proposed in Congress or by state legislatures and then approved by the state legislatures or state conventions.

The Constitution sets broad guidelines for governing; some changes in the federal government come about through custom and tradition.

Congress often applies the Constitution to a particular issue in society by interpreting the Constitution to determine whether Congress has the authority to pass a law.

1. Teach Ask students the Reading Focus questions to teach this section.

2. Apply Have students take each of the section’s three main heads and phrase them in What? Why? How? and Who? questions.

3. Review Have students write the answers next to each question and discuss the answers as a class.

4. Practice/Homework Ask students to create a poster that shows why the Constitution is an enduring document, how the Constitution is amended, or the roles Congress and the Supreme Court play in interpreting the Constitution.

An Enduring Document

At Level


100 CHAPTER 3

The framers realized that Americans might someday want or need to change the Constitution. Therefore, they included in the Constitution a process for making changes to it. The framers wrote the document to be adaptable to situations they could never have imagined.

READING CHECK Drawing Inferences and Conclusions What are some changes in modern times that the framers could not have foreseen?

Changing the ConstitutionAltering the Constitution is diffi cult. The framers wanted the Constitution to endure the infl uence of politics and temporary changes of public opinion. The Constitution can be changed in two ways: formally by amendment and informally by government acts or by custom.

The Amendment Process An amendmentamendment is a written change made to the Constitution. Article V of the Consti-tution outlines the process for making amendments. Proposed amendments must be approved by three-fourths of the states. The process can take a long time, and success is never certain. Lawmakers have succeeded in changing the document only 27 times, a small number considering how much the nation has grown and changed.

An amendment may be proposed in two ways:

• Congress can propose an amendment by a two-thirds vote in both houses.

• The legislatures of two-thirds of the states—34 out of 50—can ask Congress to call a national convention to propose an amendment.

After an amendment has been proposed, it must then be ratifi ed, or approved, by the states. There are two ways an amendment may be ratifi ed. The method of ratifi cation must be described in each proposed amendment.

• The proposed amendment can be sent to the state legislatures for approval. All but one of the amendments to the Constitu-tion were approved this way.

• The proposed amendment can be sent to state conventions for consideration.

After an amendment has been ratifi ed by three-fourths (38) of the states, it becomes part of the written Constitution. If the people do not like the effects of an amend-ment, another amendment can be passed to repealrepeal, or cancel, it. The most famous repeal occurred in 1933, when the Twenty-fi rst Amendment was passed to repeal the Eigh-teenth Amendment, which had banned the production and sale of alcohol.

Thirteenth, Fourteenth, and Fifteenth AmendmentsRatified 1865, 1868, and 1870 Passed as a result of the Civil War and gave African Americans full citizenship in the United States

The framers of the Constitution recognized that as society changed, there had to be a way to make sure that the Constitu-tion endured as the foundation of democracy. These amend-ments helped expand voting rights.

If the right to vote is expanded or extended today to include more citizens, to whom do you think the right to vote might be given?

EnduresConstitutionThe


cabinet


Reading Focus

How did the framers envision change when writing the Constitution?

Envisioning ChangeInterpret Did the framers realize that life in the United States would change drastically over time? How do you know? Yes; they included in the Constitution a process to amend the document.

Predict If you were alive at the time the Constitution was written, would you have thought it could last as long as it has? Why or why not? Answers will vary but students should provide valid reasoning for their choice.

AnswersQuick Facts Answers will vary but might include people younger than 18.Reading Check Possible answers: global terrorism, technology, the global economy

Collaborative LearningPrepare an Amendment Lesson1. Organize students into groups of three.

2. Tell students to research amendments that pertain to women, teenagers, and people of different ethnic groups. Suggest that each member focus on one of these groups. Ask students to investigate how the interpretation of the Constitution has changed over the years with regard to these groups.

3. Then have each group prepare a fi ve-minute lesson to present their fi ndings to the class.

Verbal/Linguistic, Interpersonal Alternative Assessment Handbook: Rubric 14: Group Activity; Rubric 24: Oral Presentations

100

Research Required

Reading Focus

What are two ways in which the Constitution may be changed?

Changing the ConstitutionRecall Why did the framers make the amendment process diffi cult? They wanted to make sure the Constitution would endure petty politics and tempo-rary changes of public opinion.

Interpret Explain how the amend-ment process is governed by major-ity rule. An amendment can only be proposed by a majority of members of Congress or a majority of the states. A majority of the states must ratify an amendment for it to become part of the Constitution.

At Level


amendment

repeal


Interpreting the ConstitutionThe Constitution does not attempt to cover every possible situation. It sets broad guide-lines for governing. A number of changes in the federal government have come about simply through custom and tradition. For example, the Constitution does not call for regular meetings of the executive branch. However, President George Washington

brought these leaders together regularly to serve as his advisers. They are known as the president’s cabinetcabinet. Since those early days, meetings between the president and the cab-inet have been an accepted practice.

Such traditions are seldom written down or passed into law. For this rea-son, they are sometimes referred to as the “unwritten Constitution.”

Nineteenth AmendmentRatified 1920 Gave women the right to vote

Twenty-Sixth AmendmentRatified 1971 Changed the voting age from 21 to 18


In his 1996 State of the Unionaddress, President Bill Clinton said, “If it means that teenagers will stop killing each other over designerjackets, then our public schools should be able to require theirstudents to wear school uniforms.”

After President Clinton’s speech, public schools began to require uniforms in order to improve dis-cipline and reduce gang violence. However, critics of the idea, includ-ing many teens, argue that students have the right to express themselves through their dress.

The closest Supreme Court case related to this issue is Tinker v. Des Moines. There the Court ruled that students had the right to wear black armbands to school to protest the Viet-nam War. The Court specifically noted that this quiet protest did not interfere with school operations or the rights of others. Today, some people believe that the Tinker decision supports a consti-tutional right to dress how they want to (within limits); others believe it protects expression of beliefs, not clothes.

Do you think students are less able to express themselves if they have to wear uniforms? Why?

Are Public School Uniforms Constitutional?

American Civil Liberties


Summarize Information

1. Work with students to create a graphic organizer summarizing the information in the section “Interpreting the Constitution.”

2. Complete one box at a time to create an organizer similar to the one shown here. Start by creating the Constitution box and then ask students questions as you add the other boxes, for example, What power does the Constitution give to Congress? What power does the Constitution give the Supreme Court?

Constitution

Gives Congress power to make laws

Gives Supreme Court power to decide if law is constitutional

If unconstitutional, law is dead

If constitutional, law is enforced

3. Have students copy the graphic organizer and save it to help them review this part of the section. Visual/Linguistic

AnswersAmerican Civil Liberties Possible answers: Yes, clothing is an important form of expression for students. No, there are many other ways for students to express themselves.

Differentiating Instruction

101

Info to KnowDocuments on Display How do people preserve documents that are more than 200 years old? At the National Archives Building in Washington, D.C., the Bill of Rights, Constitution, and Declara-tion of Independence are displayed in a special glass case. This case protects the documents from air and moisture, which could damage the paper. Each evening, special machinery lowers the precious documents into a vault, where they are safe until they are raised for display the next morning.

Learners Having Diffi culty

Below Level


Congress and the ConstitutionCongress often applies the Constitution to a particular issue in society. It does this by interpreting whether some passage, or clause, in the Constitution gives Congress the authority to pass a particular law.

For example, the Constitution says nothing about whether all workers should earn a minimum wage. However, the Con-stitution does give Congress the power to

control trade among the states. Goods made by workers usually travel from one state to another. So Congress decided that the Con-stitution gives it the power to pass laws affecting working conditions nationwide, including wage rates. It then wrote laws establishing a minimum wage.

The Supreme Court has the power to decide if Congress has interpreted the Con-stitution correctly. The Court’s interpretation is fi nal. If the Supreme Court rules that a law is unconstitutional, the law is dead. If the Court upholds the law, it remains in effect.

If the Supreme Court declares an act of Congress unconstitutional, Congress may rewrite the law. If Congress overcomes the Court’s objections, the new law will stand. For example, Congress may not pass bills of attainder (laws that punish a person without a jury trial) or ex post facto laws (which make an act a crime after the act has been commit-ted). Congress also may not suspend the writ of habeas corpus (a court order requiring the government to bring a prisoner to court and explain why he or she is being held).

READING CHECK Analyzing Information Howcan the Constitution be changed?

John Marshall was a promi-nent Federalist. President John Adams appointed Marshall as chief justice of the Supreme

Court in 1801. As chief justice, Marshall played a key role in cases such as Marbury v. Madison, which established the principle that the Court was an equal branch of government, and McCulloch v. Maryland, in which the Court declared that Congress had powers beyond those specifically listed in the Constitution. Marshall’s actions and decisions made him one of the most influential Supreme Court justices in U.S. history.

Summarizing How did Marshall increase the power of the Supreme Court?

John MarshallJohn Marshall(1755–1835)

FOCUS ONFOCUS ON

KEYWORD: SZ7 HP3



102 CHAPTER 3

Reviewing Ideas and Terms1. a. Explain Why is it important that the

framers wrote the Constitution to include a process for changing the Constitution?

b. Elaborate How have changes in daily life since 1787 changed the problems that lawmakers deal with today?

2. a. Defi ne Write a brief defi nition for the terms amendment, repeal, and cabinet.

b. Explain What are the two ways that an amendment to the Constitution may be proposed?

c. Predict What might happen if it were easier to amend the Constitution?

Critical Thinking3. Categorizing Draw a graphic organizer like this

one on your own sheet of paper. Then, use your notes to summarize the two ways in which the Constitution can be amended.

Focus on Writing4. Supporting a Point of View Imagine that you

are a delegate to the Constitutional Convention in Philadelphia in 1787. Write a short speech that will convince the other delegates that it is important to make the Constitution an enduring document.

Amending the Constitution

cp07se_C03_final(r).indd 102 10/20/05 10:37:28 AM cp07se_C03_final(r).indd 103 10/11/05 12:11:36 PMSection 3 Assessment Answers

102

CloseLead a discussion on why the Constitu-tion has endured over time and review the amendment process with students by writing the steps on the board in the form of a fl ow chart.

Review Online Quiz: Section 3 Quiz Game Vocabulary Activities: Chapter 3



Reteach Main Ideas for Differentiated Instruction: Section 3

AnswersFocus On . . . Marshall played a key role in the Marbury v. Madison decision that gave the Supreme Court the power to rule on the constitutionality of laws. Reading Check Either Congress or states propose an amendment and then three fourths of the states must ratify it.

1. a. The process is needed so that the Constitution can be changed to meet chang-ing conditions in society. b. Possible answer: New forms of communication, such as cellular phones and the Internet, require lawmakers to pass new laws regulating their use.

2. a. amendment, p. 100; repeal, p. 100; cabinet, p. 101 b. Congress proposes an amendment by a two-thirds vote in both houses or two thirds of state legislatures ask Congress to call a national convention to propose

an amendment. c. Possible answer: The Constitution might change often based on petty politics and temporary changes of pub-lic opinion.

3. Congress proposes amendment by two-thirds vote in both houses; legislatures of two-thirds of the states ask Congress to call a national convention to propose an amendment.

4. Speeches should include convincing arguments for making the Constitution an enduring document.


John MarshallFOCUS ON



MEDIALITERACY CRITICAL

THINKING

PARTICIPATION

Reading FlowchartsLearnA flowchart is a diagram that presents informa-tion in a visual, easy-to-understand way. Its main purpose is to show the various steps that a process follows. Once you learn how to read a flowchart, you will be able to trace the movement of a process through time.

PracticeTo read a fl owchart:

1 Determine the subject. Read the title of the chart to determine its subject matter. Look at any major headings for an overview of the process shown in the flowchart.

2 Identify the beginning and end points. Study the arrows in the chart, noting their direction. They will tell you how the process begins and how it ends. A process on a flowchart may have more than one beginning and more than one end.

3 Study the middle stages. The middle stages show you movement through time by connecting all the stages in the order in which they take place. They also show you where the process may become stalled.

ApplyExamine the fl owchart below. Then answer the following questions.

1. What are the two ways in which an amendment to the Constitution can be proposed?

2. Based on the information in the flowchart,is the following statement true or false? “A majority of people must favor an amendmentbefore it is added to the Constitution.”Explain your answer.

Proposed by

Congress—two-thirds votein each houseORNational Convention— called by Congress at therequest of two-thirds of the state legislatures

Ratified by

Legislatures of three-fourths of the statesORConventions held in three-fourths of the states

Amending the Constitution

Amendmentadded to the Constitution

cp07se_C03_final(r).indd 103 10/11/05 12:11:36 PM

103

Reading FlowchartsOrganize Your Morning

Routine Ask students to list fi ve steps they take to get ready for school each day. Have them create a fl owchart using what they have learned from the lesson. Then tell them to write two questions about their fl owchart. Have them exchange with a partner and answer the questions. Then have the pair discuss the answers.

AnswersApply the Skill 1. by Congress or by national convention 2. True; an amendment requires the backing of state representatives who are influenced by the people who elected them.

1. Organize the class into four groups.

2. Assign each group one of the following processes to research: how a student council member gets elected, how a school rule gets changed, or how a lesson gets planned.

3. Have each group create a fl owchart of the steps involved in their assigned process from start to fi nish. Encourage students to include places where the processes might become stalled and indicate them on the chart. Invite volunteers to share their group’s fl owchart with the class. Verbal/Linguistic

Create a Flowchart

Civics Skills Activity: Reading Flowcharts At Level

Research Required


104 CHAPTER 3

CHAPTER 3 REVIEW

Reviewing Key TermsIdentify the correct term from the chapter that best fi ts each of the following descriptions.

1. A written change made to the Constitution

2. Government by the consent of the governed

3. Powers specifi cally given to the federal govern-ment

4. Presidential power to reject proposed laws

5. Opening sentence of the Constitution

6. Governmental powers shared by federal and state governments

7. Lawmaking arm of the federal government

8. Principle that in a disagreement everyone will abide by the decision of most of the people

9. Powers not given specifi cally to the federal gov-ernment that are held by the states

10. Process by which a change to the Constitution can be canceled

11. Advisers to the president who head executive branch departments

Visual SummaryUse this visual summary to help you review the main ideas of the chapter.

The United States Constitution created a government that could be changed to meet the changing needs of Americans. It continues to guarantee basic rights to all Americans.

12. Arm of government that interprets the laws

13. The equal distribution of governmental powers and limits on those powers

14. Government with specifi c restrictions on its powers

15. Structure of government in which power is divided up among different branches

16. Arm of government that is responsible for car-rying out the country’s laws

Comprehension and Critical ThinkingSECTION 1 (Pages 84–89)

17. a. Identify What are the six goals of govern-ment as stated in the Preamble of the U.S. Constitution?

b. Analyze Why is popular sovereignty one of our nation’s most cherished ideals?

SharedPowers

StatePowers

FederalPowers

Enforces lawExecutive

Makes lawLegislative

Interprets lawJudicial

cp07se_C03_final(r).indd 104 10/11/05 8:23:54 AM cp07se_C03_final(r).indd 105 10/11/05 8:24:30 AM

Reviewing Key Terms 1. amendment

2. popular sovereignty

3. delegated powers

4. veto

5. Preamble

6. concurrent powers

7. legislative branch

8. majority rule

9. reserved powers

10. repeal

11. cabinet

12. judicial branch

13. checks and balances

14. limited government

15. separation of powers

16. executive branch

Comprehension and Critical Thinking 17. a. form a more perfect union, estab-

lish justice, ensure domestic peace, provide for the common defense, promote the general welfare, secure the freedom of the people b. Popular sovereignty is an impor-tant ideal because Americans fought hard for freedom from Britain’s rule so that they could create their own government.

18. a. legislative branch makes laws, executive branch carries out laws, judicial branch interprets laws b. They wanted to ensure that no part of the federal government becomes too powerful.

19. a. It has survived as the foundation of government for more than 200 years. b. so that the Constitution would survive through short-term changes in public opinion and petty politics

104 CHAPTER 3




Active Citizenship video programReview the video to answer the closing question:Why do you think that laws on issues of impor-tance to all citizens often vary from state to state?

Reading SkillsFinding Main Ideas Use the Reading Skills taught at the beginning of the chapter to answer the question about the reading selection below.

(1) The framers provided this balance of power in the U.S. Constitution by giving each gov-ernment branch powers that limit, or check, the powers of the other two branches. (2) This scheme ensures that no branch of the federal government becomes too powerful. (3) This equal distribution of powers and limits on pow-er is called the system of checks and balances.

23.Which sentence contains the main idea of the paragraph? (1), (2), or (3)

24. Writing Your Editorial You should start your editorial with a strong statement of your opin-ion about the Constitution. Then write two to three sentences about each of your main points of support—a weakness of the Articles of Con-federation and/or a strength of the Constitution. End your editorial with a call to action: Ask the delegates to the Constitutional Convention to ratify the Constitution. Remember that you are trying to convince people to make a very impor-tant decision for our country—be persuasive.

SECTION 2 (Pages 91–95)

18. a. Recall What are the three branches of the federal government, and what are the primary responsibilities of each branch?

b. Draw Conclusions Why did the framers of the Constitution create a system of checks and balances for the federal government?

SECTION 3 (Pages 97–100)

19. a. Describe What makes the Constitution of the United States an enduring document?

b. Make Inferences Why is the process for amending the Constitution so complicated?

Civics SkillsReading Flowcharts Use the Civics Skill taught in this chapter to answer the questions below.

20. Examine the fl owchart on the Civics Skill page in this chapter. Use the information there to answer the following questions:

a. How many different ways are there to amend the Constitution? Draw a fl owchart that shows each one.

b. What information, if any, does the fl owchart give you about either the length of time an amendment process takes or which process is the easiest? Explain your answer.

21. What part of your daily life could be put into a fl owchart? Draw your answer.

Using the Internet KEYWORD: SZ7 CH3

22.Access the Internet through the HRW Go site to research the process of amending the Constitu-tion. Then propose a new amendment and draft a plan for getting your proposed amendment ratified. Your plan should account for all the steps in the amendment process. Include a short paragraph explaining your amendment and the reasons it should be added to the Constitution.


Anticipate the Answers Tell students to try to answer the question themselves before they read the answer choices. Then if the answer they gave is among the choices listed, it is probably correct!

Reproducible Guided Reading Strategies

TechnologyEnglish Audio Summaries

Spanish Audio Summaries

Interactive Skills Tutor

Quiz Game

HOLT

Active Citizenship� Video Program

Use the video Speed Limits and State Law to extend the Law 101 feature in this chapter.

Intervention Resources

THE CONSTITUTION 105

Civics Skill 20. a. four; Students should make four

organizers using the two types of proposals and two types of ratifi cations.b. The fl owchart gives no informa-tion but students may infer that calling a convention would take longer than a vote in Congress.

21. Answers will vary but could include fl owcharts of a student’s day at school or after school routine.

Using the Internet 22. Go to the HRW Web site and enter

the keyword shown to access a rubric for this activity.

KEYWORD: SZ7 TEACHER

Reading Skills 23. (3)

Focus on Writing 24. Students’ editorials should demon-

strate understanding of chapter ideas and provide supported, persuasive arguments.

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