GITELSON, CHAPTER 2: U.S.
HISTORY AND THE CONSTITUTION (B)
STUDY GUIDE
The Beginning
The framers of the U.S.
Constitution met in Philadelphia
in 1787. Before that, there was already
an existing form of constitution called the Articles of Confederation written in 1777 and ratified in 1781 as
the U.S.’s
first constitution.
The
Articles of Confederation was too weak
and unstable to govern the new republic.
It had a Congress that could not collect tax or duties. State had all the powers.
Under this
constitution, economic problems became difficult to resolve, hence Shay’s Rebellion of 1786 over creditors
and debtors. This gave rise to a new
change. The politically influential
leaders deemed it necessary and urgent to have a new and stable institution
which is the one that we have today.
Questions:
- Where
did the framers meet?
- New York
- Philadelphia
- Washington,
D.C.
- Virginia
- What
existed before the present Constitution?
A. Rule of law
- Statues or confederation
- Articles of Confederation
- Federalism in action
- What
incident led to the urgent need of a new Constitution?
A.
War between Britain
and the U.S.
- Shay’s
Rebellion
- Madison’s
overreactions
- Washington’s
need to be president
- Which
of the following best describes the Articles of Confederation?
- strong
and active
- weak
and unstable
- better
than the second constitution
- reliable
The Framers
They were fifty-five all white males that came to Philadelphia
in1787. They are referred to as the
founding fathers. Dayton Jonathon of
New-Jersey was the youngest of them while Benjamin
Franklin was the oldest at 81 years.
More than half were lawyers. Governor Morris played a major role in
drafting the Constitution and was known for his losing a leg in a childhood
accident.
George Washington presided over. Benjamin Franklin described the constitution
as “Perfect.”
Questions:
5. Who was the oldest founding father?
- Dayton
Jonathon
- James
Madison
- Thomas
Jefferson
D.
Benjamin Franklin
6.
Who presided over the debate during the drafting of the Constitution?
- Benjamin
Franklin
- King
George II
- George
Washington
- Supreme
Court Judge
7. How many people were there in Philadelphia
to draft the Constitution?
A. one-hundred and fifty
B. fifty-five
C. one hundred and five
D. fifty-six
The Roots of the Constitution
The U.S.
Constitution has the British
constitutional tradition. The British
Constitution was based on a charter, the common laws or Judge- made law as
several major statutes. Like the Magna Carta law that was signed by King
John in 1215 (a document that established that everybody including the king is not above the law) the bill of rights
of 1791 could be traced to the British Bill of Rights of 1689.
The writing
of the Charles de Montesquieu
influenced the fathers in structuring of power.
The Stamp act passed in 1765. That required taxation without representation
provoked the colonial leaders. Also
following with the monopoly rule
brought by Britain
allowing only British firms the right to sell sale which led to the 1773 Boston
citizen raiding the British ship carrying tea. (Known as Boston Tea Party) Boston harbor was shut down.
With all
the conflict, representatives from the colonies met in Philadelphia in 1774,
met again in 1775. By June 1776
Continental army was formed head by George Washington. On July 2, 1776, the Declaration of Independence was
adopted.
Questions:
- What
is the Magna Carta?
- states
have the right to rule themselves
- nobody
is above the law
- British
supremacy over the U.S. laws
- Principles
of the U.S. Constitution
- What
act required taxation without representation?
- Stamp
act
- importation
act
- tax
act
- shipping
act
- Whose
writing influences the structure of separation of powers?
- John
Locke
- James
Madison
- John
Marshall
- Charles
de Montesquieu
- What
event led to the raiding of British ships in Boston
in 1773?
- Boston
was very lawless.
- Boston
wanted to have revenge on British ships
- British
monopoly rule over sales of tea
- Britain
refused to pay for the required tax.
- The U.S.
Constitution copies which country’s constitutional tradition?
- USSR
- France
- British
- China
- What
document was signed by King John in 1215 that established that no man, regardless
of position, is above the law?
- Magna
Carta
- British
law of all
- Charter
Act
- King
John act
What the Framers Did
The framers
adopted what was known as the Great
Compromise which provided each state
with representation based on population in the House of Representatives
with equal numbers of U.S. Senators for each state.
Article I
established the Congress, Article II
established the presidency. Article
III established the judicial branch. Delegated powers and implied powers from the necessary and proper clause (also called
elastic clause) are given to the Congress
by the Constitution (G 39).
Reserved powers are given to states by the10th Amendment.
The framers allowed for amendments to the
Constitution by two difficult methods--
- Proposal by 2/3 of Congress,
ratification by 3/4 of state legislatures
- Proposal
by of state through convention at the requisition of Congress ratify by 3/4
of state and legislatures (G 45)
Questions:
14. How may the Constitution be amended?
- Proposal
by 2/3 of Congress ratification by 2/3 of Senate
- Proposal
by 2/3 of Congress ratification by 3/4 of state legislatures
- Proposal
by 2/3 of House of Representatives and ratification 2/3 of Senate
- Proposal
by 2/3 of Senate ratification by the president
15. What was the Great Compromise?
- Allow
the state to have equal powers with the national government
- A
reward for George Washington
- Representation
by population but equal numbers of Senators for each state
- Representation
equality
- To
which branch of government are implied
powers given?
- State
level
- Congress
- President
- Judiciary
- What
Amendment gives states reserved powers?
- Article
I
- 10th
Amendment
- 1st
Amendment
- 9th
Amendment
- What
Article established the presidency?
A. Article I
B. Article III
C. Article II
D. 10th Article
19. Which branch of government
possesses the delegated powers? (G 39)
A. Supreme Court
B. Congress
C. Judiciary
D. Presidency
20. What compromise did the
framers adopt when they wrote the Constitution?
A. New Jersey
Compromise
B. Great Compromise
C. State compromise
D. Virginia Compromise
Enduring Principles
The constitution has survived as a result of some basic
principles. Below are the principles.
- Rule
of Law: This provides that nobody is above the law.
- Republicanism: Provides decision to be taken by
electors or appointed members who are answer to the people. James Madison, John Jay and Andrew Hamilton
saw that having a direct democracy
would lead to factions making society uncontrollable (G 52). The Federalist Papers successfully
advocated an indirect democracy
and helped bring about ratification
of the Constitution.
- Separation
of Powers: The creation of three
branches of government made it impossible for faction. It also creates
limitations to the exercise of power.
- Check
and Balances: The Congress
power to impeach, Congressional authorization, Senates power to
confirm appointments and treaty ratification puts the
executive in check while the president power to veto legislation put the
Congress in check. The power of judicial
review (Marbury
v. Madison, 1803) put both Congress and president in check,
which is under court limits (G 54-56).
- National
Supremacy: The supremacy clause of article VI of the Constitution
makes the Constitution and
those laws passed under it the “supreme law of the land” (G 57). Because of this, all state laws are
subject to the Constitution and federal laws.
Questions:
21. What is the rule of law?
A. Nobody
is above the law
B. State legislatures’ way of
making laws
C. the principle of federalism in
the Constitution
D. Making laws that must be obeyed
by states only
22. What was the purpose of the Federalist
papers?
A. To make the transition to
Federalism easy
B. To
create support for the ratification of the Constitution
C. To
make Madison popular
D. To
use the media to insult anti-Federalists
23. Judicial
review was derived from what case?
A. McCulloch v.
Maryland
B.
Marbury v. Madison
C. John
Adams v. Jefferson
D. Dred Scott v.
San(d)ford
24. In
the United States
what is the supreme law of the land?
A. Laws
passed by the president
B. Laws ratified by states
C. The
Constitution
D. State
laws allowed by Congress
25. What part of the government
ratifies treaties?
A.
Congress
B. President
C. Senate
D. Supreme Court