WHAT EXACTLY DOES THE U.S. CONSTITUTION DO?
Overview
The "Future Ready" content focuses on civics and the United States Constitution. It explains the Constitution's purpose and how it was ratified. The objectives are to teach about power distribution between national and state governments, principles of the American constitutional federal republic, the role of law in the political system, government institutions created during the Revolution, and different levels of government in the US.
Key terms related to the Constitution are highlighted, such as amendments, bicameral legislature, Bill of Rights, checks and balances, Declaration of Independence, federalism, Preamble, separation of powers, and unalienable rights.
The content emphasizes the Constitution as the highest law and the relationship between the federal government and states. The Bill of Rights, the first ten amendments, is explained along with specific rights and protections. Important amendments like the Fourth, Fifth, Sixth, Ninth, and Tenth are described.
The passage also covers the separation of powers and checks and balances in the American government to prevent any one branch from becoming too powerful. It concludes with questions to test understanding, including the purpose of the Preamble, the meaning of domestic tranquility, the provision for common defense, and the importance of the separation of powers.
Future Ready
CIVICS
The Constitution
What exactly does the Constitution do?
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OBJECTIVES
Explain how the United States Constitution grants and distributes power to national and state governments and how it seeks to prevent the abuse of power.
Explain the central ideas and principles of the American constitutional federal republic.
Evaluate, take, and defend positions on the role and importance of law in the American political system; on issues regarding the distribution of powers and responsibilities within the federal system.
Evaluate the institutions and practices of government created during the Revolution and how they were revised between 1787 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights.
Recognize the structure and functions of different levels of government in the United States, including concepts of power and authority
RATIFYING THE CONSTITUTION
What is the greatest and longest-living of all the constitutions in history? The Constitution of the United States of America! It is the document that embodies the fundamental laws and principles by which the U.S. is governed. The Constitution was written just after the Revolutionary War, the war for American independence from Britain. In 1787, the Founders - most notably, Ben Franklin, James Madison, Alexander Hamilton, and George Washington - gathered in Philadelphia and framed the Constitution. Their purpose was to create a document that provided a stronger central government than that was provided by the Articles of Confederation. All states were invited to send delegates to the Constitutional Convention that designed a government with separate legislative, executive, and judicial branches. Most of the debates at the Constitutional Convention centered on ideas about where power should lie. It established Congress as a lawmaking body with two houses: each state is given two representatives in the Senate, whereas representation in the House of Representatives is based on population. Only nine of the 13 states needed to ratify the Constitution for it to take effect in 1789.
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KEY TERMS
Amendment a change to the Constitution or an addition to the Constitution
bicameral legislature a legislature with two houses or chambers. The British parliament is a bicameral legislature, made up of the House of Commons and the House of Lords. Likewise, the United States Congress is made up of the House of Representatives and the Senate.
Bill of Rights the first ten amendments to the Constitution
checks and balances a fundamental principle of American government, guaranteed by the Constitution, whereby each branch of government was given specific and unique powers that could not be exercised by the other branches, and no one branch of government would overpower another
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Declaration of Independence the document that announced our independence from England
federalism the relationship between the state and national government
Preamble the introduction to the Constitution, declaring the purpose of the document
separation of powers between branches of government. writers of the Constitution built this principle into one of the key features of the American government.
unalienable an inalienable right is impossible to take away or give up
THE SUPREME LAW OF THE LAND
The founders of the United States defeated the world’s strongest military and financial power and won their independence. They then faced the task of forming a country that would honor and implement the principles upon which they had declared their independence.
The bedrock upon which the American political system is built is the rule of law. The vast difference between tyranny and the rule of law is a central theme of political thinkers back to classical antiquity. The idea that the law is superior to rulers is the cornerstone of English constitutional thought as it developed over the centuries. The concept was transferred to the American colonies and can be seen expressed throughout colonial pamphlets and political writings.
To assure such a government, Americans demanded a written legal document that would create both a structure and a process for securing their rights and liberties and spell out the divisions and limits of the powers of government. That legal document must be above ordinary legislation and day-to-day politics. That is what the founders meant by “constitution,” and why our Constitution is “the supreme Law of the Land.”
Article VI of the Constitution explicitly states that the Constitution is the “supreme Law of the Land.” The Constitution and the laws created by Congress take priority over state and local laws. This is called the “supremacy clause.” However, the Tenth Amendment, which was added to the Constitution as part of the Bill of Rights, protects the states and citizens from a too-powerful federal government. This amendment establishes that powers not given to the federal government and not denied to the states in the Constitution belong to the states or to the people.
Which of the following would be considered a “check,” or limit, on the federal government’s power?
The "supremacy clause"
The amendment process
The Tenth Amendment
The limiting of state powers
WHAT IS THE BILL OF RIGHTS?
Walk through the thinking process for understanding the Constitution.
When the Constitution was ratified it did not contain a Bill of Rights. In order to gain Anti-Federalist support, Federalists—including James Madison—promised that a Bill of Rights would be proposed to the states for their ratification by the first Congress under the new Constitution. The Bill of Rights is the first 10 of 27 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the federal government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The First Amendment guarantees several rights to U.S. citizens: the right to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
The Second Amendment protects the right to keep and bear arms.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
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The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer.
The Seventh Amendment extends the right to a jury trial in federal civil cases.
The Eighth Amendment bans excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The Tenth Amendment says that the federal government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
REMEMBER: Just because a right is not in the Bill of Rights does not mean that it is not a citizen’s right!
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NOW IT’S YOUR TURN.
Use what you have learned to answer the question.
Almost before the ink was dry on the original document, several of the Founders set about drafting amendments to the Constitution. The first ten of these, collectively known as the Bill of Rights, were ratified on December 15, 1791. There have been an additional 17 amendments ratified since then. Go deeper here for great resources on the Amendments to the Constitution.
Based on the description in the passage “What is the Bill of Rights?”, which amendment contains the following text?
“...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized…” - The Constitution
Fourth
Fifth
Sixth
Ninth
In 1962, in Gideon v. Wainwright, the U.S. Supreme Court ruled that the constitutional right to be represented by a lawyer extended to trials in state court. On which amendment would the Court base that right?
First
Fourth
Fifth
Sixth
The Fifteenth, Nineteenth, Twenty-third, Twenty-fourth, and Twenty-sixth Amendments are voting rights amendments. The Fifteenth Amendment made it clear that former slaves would be allowed to vote. The Nineteenth Amendment secured the right for women to vote. The Twenty-third Amendment grants citizens of Washington D.C. the right to vote for president. The Twenty-fourth Amendment says that a person cannot be prevented from voting in any election just because he or she has not paid a poll tax or a fee that a person had to pay before 1964 in order to vote. According to the Twenty-sixth Amendment, any citizen of the United States who is eighteen years of age or older has the right to vote.
Which of these voting amendments affected the largest share of Americans?
Fifteenth
Nineteenth - The Nineteenth Amendment, allowing women to vote, impacted roughly half of the population.
Twenty-fourth
Twenty-sixth
CHOOSE THE RIGHT ANSWER.
Use the following to answer the question below. Then read why each answer is correct or incorrect.
This excerpt is from the Constitution.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.
In this portion of the Constitution, which branch of the government checks the power of another branch of government by a two-thirds agreement?
The executive checks the power of the legislative.
The judicial system checks the power of the executive.
The legislative checks the power of the executive.
The legislative checks the power of the judicial.
Check to see if you chose the right answer.
The legislative branch involves the Senate and the House of Representatives, and the executive branch consists of the president and the president's administration. The fact that the Senate must have a two-thirds agreement to allow the president to make a treaty means that the legislative branch is checking the power of the executive branch so that the president does not have full and unopposed power to make treaties.
So, Choice C is the correct answer!
Why are the other answer choices incorrect?!
Choice A is incorrect.
The president is part of the executive branch, and that branch is not checking the powers of any other branches but actually having its own powers checked.
Choice B is incorrect.
The judicial branch involves the courts, and this branch is not even mentioned in this section of the Constitution.
Choice D is incorrect.
The judicial branch does not factor into this section of the constitution.
NOW IT’S YOUR TURN.
Answer the questions below. Use the following hints to avoid mistakes.
Read all passages carefully and think about what the author is saying, the conclusions he or she is drawing, the arguments that are being presented, and the details used to support these arguments.
Go back and find specific examples in the passage that are related to the question.
The intent of the Founders of the Constitution was to construct a government that would be sufficiently strong to perform those essential tasks that only a government can perform (such as establishing justice, ensuring domestic tranquility, providing for the common defense, and promoting the general welfare—the main tasks named in the document’s Preamble), but not so strong as to jeopardize the people’s liberties. In other words, the new government needed to be strong enough to have the power to secure rights without having so much power as to enable or encourage it to infringe rights.
They also believed that the role of the federal government should be limited to performing those tasks that only a national government can do, such as providing for the nation’s security or regulating commerce between the states, and that most tasks were properly the responsibility of the states. And they believed that strong states, as competing power centers, would act as counterweights against a potentially overweening central government, in the same way, that the separation of powers checks and balances the branches of the federal government. For example, Congress can impeach and remove officers of the executive and judicial branches, the executive branch has law enforcement power and commands the military, and the judicial branch has the power to interpret the law and the Constitution.
One important feature of our Constitution is the careful way it limits the powers of each branch of government— that is, states what those branches may do, and by implication what they may not do. This is the real meaning of “limited government”: not that the government’s size or funding levels remain small, but that government’s powers and activities must remain limited to certain carefully defined areas and responsibilities as guarded by bicameralism, federalism, and the separation of powers. The idea behind the separation of powers is to use the structure of government to control the government and the officials within the government.
Why is the word more included in the phrase "a more perfect union"?
The Founders thought it sounded better.
The Preamble was too short without it.
There was already a union in place that was to be made better by the Constitution.
It was Benjamin Franklin’s favorite word.
Domestic tranquility most closely means
peace at home
peace abroad
war at home
war abroad
One of the reasons the Constitution was created was to provide for the common defense.
true
False
Why did the Founders think it was important to have a separation of powers in the government?
so that they would win the Revolutionary War
so that George Washington would be the first president
so no single branch of government becomes too powerful
so they could punish the British
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WRITING THE BEST ANSWER POSSIBLE
Study the model below. It’s a good example of a written answer.
The Constitution serves as the framework of the national, or federal, government. The Founders created a strong federal government, but they did not deprive states of all authority. In ratifying the Constitution, the states granted powers to the federal government but retained others. This sharing of powers and responsibilities is called federalism. States have some authority to handle their specific needs but also must work with the federal government and the other states in matters of national importance.
American conceptions of a republic as the proper form of government can be traced back to classical antiquity, but the American Founders put forth a somewhat new understanding of republican government both at the Constitutional Convention debates and in the ratification debates. In their definition, a republic is a nation in which the people hold supreme power, and designate representatives to carry out their will. After a decade of being taxed without being represented in Parliament, Americans officially declared their independence in 1776, proclaiming that governments “deriv[e] their just powers from the consent of the governed.” The Framers decided that members of the House of Representatives would be elected directly by the people and that Senators would be elected by state legislatures. The new federal republic created a bicameral Congress in which the interests of the people and the states were balanced.
What principles of government are reflected in the debates at the Constitutional Convention? In the ratification debates?
Principles of government reflected in the debates at the Constitutional Convention and in the ratification debates include limited government, federalism, republicanism, consent, bicameral legislature, and representation.
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NOW IT’S YOUR TURN.
Answer the question. Use what you have learned from the model.
During the Constitutional Convention and while states were ratifying the Constitution, Federalists, like Alexander Hamilton and James Madison, believed that a large government protects liberties. They believed that the sheer size of the government protected the rights of the people. Madison made the argument that the large diversity of opinions protects any one group from becoming too powerful. The Federalists also argued that the division of powers between the federal government and the states, the supreme nature of the federal government, the voting rights nature of the government, and the checks and balances within the federal government were enough to protect people’s liberties.
An Anti-Federalist was a person who felt the federal government had been given too much power. They were concerned that the Constitution as it was did not protect the basic rights of the citizens and needed to include a Bill of Rights. Anti-Federalists charged that it was impossible to provide fair and true representation in such a large republic. They believed that a large government would gain too much power over the people, and therefore, a smaller government was better.
Summarize the main arguments that the Anti-Federalists made against the method of representation provided under the Constitution. How did the Federalists answer those concerns? Which side do you favor, and why? Give evidence supporting your argument, while anticipating and responding to the views of the opposing side as well.
GET READY FOR YOUR FUTURE!
As you answer the questions below, remember to:
Read each question carefully and consider your answer options.
Check your instincts: In most cases when taking any type of test, your first instinct is correct. But before you submit it, check your answer by looking back at the text to find details that support it.
Answer each question.
Which of the following best explains the insertion of the Supremacy Clause in Article VI of the Constitution?
To prevent the states and citizens from challenging federal laws
To prevent conflicts between federal, state, and local laws
To prevent states from becoming too powerful
To prevent states from writing laws similar to federal laws
Based on information in the passage, which of the following conclusions is most plausible concerning the Tenth Amendment?
Proponents of a strong federal government wanted the Tenth Amendment included in the Bill of Rights.
The Tenth Amendment was included to negate the powers granted to Congress in Article VI.
The Framers added the Tenth Amendment to limit the voices of common citizens.
The Framers added the Tenth Amendment to appease those who supported states' rights and individual liberties.
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Use the following to answer the question below.
The Constitution of the United States of America, 1789
Amendment XIX
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
The Nineteenth Amendment de facto gives the right to vote, or suffrage, to
African Americans.
immigrants.
all citizens 16 years of age and older.
Women.
The Founders were only creating the Constitution for themselves, leaving future generations in charge of securing their own liberty.
true
false
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The Preamble explains how the President will be elected.
true
false
The Preamble has nothing to do with the rest of the Constitution.
true
false
Under our Constitution, some powers belong to the federal government. What is one power of the federal government?
Under our Constitution, some powers belong to the states. What is one power of the states?
Use this excerpt from James Madison’s Federalist #10 to answer the questions that follow.
Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor
party, but by the superior force of an interested and overbearing majority. However anxiously we may wish that these complaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true.
According to Madison’s argument in Federalist No. 10, how would the new Constitution protect against the fears that political factions would corrupt the new republic?
THE CONSTITUTION ALLOWS YOU TO SAY WHATEVER YOU WANT. TRUE OR FALSE?
How often do you think about the Constitution in your daily life? Probably not very much. Even though, for instance, the First Amendment guarantees freedom of speech, there are still exceptions, like saying something with the knowledge that it could cause physical harm to people. But just because many of us are not thinking about the Constitution when we raise our hand in class, watch election results come in, or gather together with friends, the fact is that the Constitution affects almost every part of our lives. Our entire government, the laws it makes, the judges who interpret them, and the rights and liberties we have are all determined by the Constitution.
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REFERENCES, ATTRIBUTION, AND LICENSE
References
“The Bill of Rights: What Does It Say?” by National Archives and Records Administration
“1776 Unites: Uplifting Everyday Americans.” by 1776 Unites
“Constitutional Amendments Playlist.” by Bill of Rights Institute
Attribution
Lesson by
Benjamin Troutman and Jennifer O’Neil, Griffin Bay School, San Juan Island School District
Portions of content adapted from
American Government by OpenStax, Rice University | CC BY
American Government (2E-Second Edition) by University of Central Florida
The Constitution by Library of Congress
Structure of the United States Constitution by Michelle Huebel | CC BY
The Preamble to The United States Constitution by Michelle Huebel | CC BY
Introduction to the U.S. Constitution by Ronald Stump | CC BY
License
Except where otherwise noted, Future Ready Civics The Constitution by San Juan Island School District is available under a Creative Commons Attribution 4.0 International License. All logos and trademarks are the property of their respective owners. Sections used under the fair use doctrine (17 U.S.C. § 107) are marked.