Reading Essentials and Study Guide

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1 Lesson 1 Structure and Principles of the Constitution ESSENTIAL QUESTION How does the U.S. Constitution structure government and divide power between the national and state governments? Reading HELPDESK Academic Vocabulary affect to influence dynamic forceful, energetic Content Vocabulary article one of seven main divisions of the body of the Constitution amendment a change to the Constitution TAKING NOTES: Key Ideas and Details LISTING List the major principles reflected in the U.S. Constitution and briefly define each. Major Principles 1

2 ESSENTIAL QUESTION How does the U.S. Constitution structure government and divide power between the national and state governments? The first words of the U.S. Constitution are We the people.... The document goes on to explain why the Constitution was written and why the government is structured as it is. It also lays out rights the people have to be protected from the government. The Constitution was written in 1787 and became the law of the land in a. Which people do you think the Founders had in mind when they created and enacted the Constitution? Explain your answers. b. Which people do you think the Constitution applies to and protects now? Consider factors such as religion, race, ethnicity, gender, ability, age, nationality, citizenship, and others in your answer. Structure of the U.S. Constitution Guiding Question What is the structure of the U.S. Constitution? The Constitutional Convention met in The men who gathered there created a new system of government for the United States. The nation had experienced the Revolutionary War with Britain and six years with a government formed by the Articles of Confederation. Their experiences with the British monarchy and the confederation shaped their hopes and concerns for the young country. The government under the Articles of Confederation did not work well, because the Articles created a weak central government. The Founders feared that any government authority with too much power could become tyrannical, or use power over people in a cruel way. People in the thirteen individual states wanted to maintain their sovereignty, but they also understood that a central government could do some things more effectively than the individual states. The solution the Founders agreed upon was a central government with limited power. The government would be divided into three branches. Each branch would have some control over the other two. Also, power would be divided between the central government and the states. This solution was written in the Constitution. The Constitution is a framework for our government. It presents the government s purposes, principles, and powers. It also limits the powers of all three branches of government to protect the people of the nation. The United States Constitution is not as long as the constitutions of some other countries. It creates the structure and powers of the government, but it does not explain the details of how the government should work. The document is divided into three sections: the Preamble, the Articles, and the Amendments. A copy of the Constitution is available in the reference section. Preamble The Preamble, or introduction, explains why the Constitution was written and describes the purposes of the government. These purposes include establishing justice, ensuring peace, defending the people, and promoting the general welfare. Copyright McGraw-Hill Education 2

3 Articles The Constitution includes seven main sections called articles. Each article covers a different topic about how the government is structured. Most of the articles are divided into sections. Articles I, II, and III create the three branches of the national government the legislative, executive, and judicial branches. Article IV explains how the states will work with one another and with the national government. Article V explains the ways that the Constitution can be amended, or changed. Article VI establishes the Constitution as the supreme Law of the Land, and Article VII addresses ratification. Amendments The third part of the Constitution consists of amendments, or changes to the original document. The Constitution has been amended 27 times since it was ratified. Some amendments describe the people s individual rights. Others modify some of the rules or the government s structure. Several amendments give the right to vote to former enslaved persons, women, residents of the District of Columbia, and young people between the ages of 18 and 21. Reading Progress Check Specifying What are the purposes of Article I, Article II, and Article III of the Constitution? Principles of the U.S. Constitution Guiding Question What principles are reflected in the U.S. Constitution? The Constitution is based on several fundamental principles: that the government will be limited, that power will be shared between the national government and the states, and that power will be divided among three branches of the national government to keep one another in check. Another fundamental principle is that the Constitution protects individual rights and balances those rights with the public good. The Declaration of Independence also expresses these fundamental principles. Both of these documents show the Founders strong beliefs about the purpose of government and the rights of the governed. These documents were also affected by the Founders experiences with Britain, the American Revolution, and the Articles of Confederation. Popular Sovereignty and Republicanism The Constitution is based on the concept of popular sovereignty, which means rule by the people. The U.S. government is based upon the consent of the governed. The authority for government comes from the people. In a republican system of government, the people elect representatives to rule on their behalf. 3

4 Limited Government The principle of limited government is fundamental and essential to a democracy. The Constitution limits the national government s power by identifying the specific powers of government and by naming things that the government is not allowed to do. Federalism The terms federalism and federal system describe the structure of American government. In this structure, power is divided between the federal, or national, government and state governments. Within each state, the local governments are under the authority of the state governments. All levels of government pass their own laws. All levels have their own agencies and officials who perform their duties under the laws. Each level has its own court systems to interpret laws. Federalism creates a union while limiting central power. This system is flexible and allows the national government to act on issues that affect the country as a whole. However, federalism also allows state and local governments to act on local matters. Separation of Power into Three Branches of Government In addition to creating a federal system, the Constitution also limits the national government by dividing power among the legislative, executive, and judicial branches. Under the separation of powers, each branch has specific duties in the government. This system prevents any single government institution from becoming too powerful. Checks and Balances The national government s three separate branches also have a system of checks and balances. This system allows each branch to exercise some control over the other two. For example, Congress passes laws, but the president can check that power by vetoing legislation. That veto power is balanced by the power of Congress to override a veto by a two-thirds vote of each chamber, meaning the votes of two out of every three members. The judicial branch checks the power of Congress and the executive branch by deciding whether laws are constitutional. The judicial branch s power is balanced by the president s power to appoint federal judges and by the Senate s power to approve or reject them. Its power can also be checked by the Article V procedures for amending the Constitution. Individual Rights The Constitution also outlines and protects individual rights from government overreach. The first ten amendments to the Constitution are called the Bill of Rights. These amendments list the rights of Americans. For example, some of the rights include the right to speak and worship freely, to bear arms, to be free from unfair government searches, and to have fair criminal trials. However, these rights are not unlimited. Individual rights are balanced with the government s need to provide for the people s good. For example, to maintain order, the government can place some restrictions on when and how people exercise their free speech rights. Copyright McGraw-Hill Education 4

5 The Constitution and its fundamental principles have existed for more than 200 years. Today it still forms the basis for our government. The Constitution remains a flexible and dynamic instrument for meeting the changing needs of people in our democracy. Reading Progress Check Monitoring What do the terms federalism, separation of powers, and checks and balances mean? 5