The Constitution Handbook, The Constitution Of The United .

state and federal governments share. They includethe right to raise taxes, borrow money, provide forpublic welfare, and administer criminal justice.Conflicts between state law and federal law mustbe settled in a federal court. The Constitutiondeclares that it is “the supreme Law of the Land.”Separation of Powers To prevent any singlegroup or institution in government from gaining toomuch authority, the Framers divided the federal government into three branches: legislative, executive,and judicial. Each branch has its own functions andpowers. The legislative branch, Congress, makes thelaws. The executive branch, headed by the president,carries out the laws. The judicial branch, consisting ofthe Supreme Court and other federal courts, interprets and applies the laws.In addition to giving separate responsibility toseparate branches, the membership of each branch ischosen in different ways. The president nominatesfederal judges and the Senate confirms the appoint-ments. People vote for members of Congress. Voterscast ballots for president, but the method of electionis indirect. On Election Day the votes in each state arecounted. Whatever candidate receives a majorityreceives that state’s electoral votes, which total thenumber of senators and representatives the state hasin Congress. Electors from all states meet inDecember after the November election to formallyelect a president. A candidate must receive at least270 of 538 electoral votes to win.Checks and Balances The Framers also established a system of checks and balances in which eachbranch of government can check, or limit, the powerof the other branches. This system helps balance thepower of the three branches. For example, imaginethat Congress passes a law. Then the president canreject the law by vetoing it. However, Congress canoverride, or reverse, the president’s veto if two-thirdsof the members of both the Senate and the House ofRepresentatives vote again to approve the law.Checks and BalancesLegislative BranchJudicial Branch Congress Makes the Law Supreme Court Interprets the LawChecks on the Legislative Branch: Can declare acts of CongressunconstitutionalChecks on the Judicial Branch: Creates lower federal courts Can impeach and remove judges Can propose amendments tooverrule judicial decisions Approves appointments of federaljudgesChecks on the Executive Branch: Can override presidential veto Confirms executive appointments Ratifies treaties Can declare war Appropriates money Can impeach and remove presidentChecks on the Executive Branch: Can declare executive actionsunconstitutionalExecutive BranchChecks on the Legislative Branch: President Carries Out the Law Can propose laws Can veto laws Can call special sessions of Congress Makes appointments to federal posts Negotiates foreign treatiesChecks on the Judicial Branch: Appoints federal judges Can grant pardons to federaloffendersEach branch can limit the others’ power.Analyzing Information How can the president helpcontrol the judiciary?140The Constitution Handbook

The Bill of Rights: The First Ten AmendmentsAmendment 1Guarantees freedom of religion, of speech, and of the press, and the right toassemble peaceably and to petition the governmentAmendment 2Guarantees the right to organize state militias and bear armsAmendment 3Prohibits quartering soldiers in private homes in peacetime and limits it intime of warAmendment 4Prohibits the unreasonable search and seizure of persons and propertywithout a valid warrantAmendment 5Requires a grand jury for serious criminal charges; prohibits double jeopardy;prohibits forcing accused persons to testify against themselves; guaranteesthat no one may be deprived of life, liberty, or property, without due processof law; prohibits government taking private property for public use withoutjust compensationAmendment 6Guarantees suspects the right to a speedy trial by jury in criminal cases;to know all charges; to question and obtain witnesses; and to have counselAmendment 7Guarantees a jury trial in most civil casesAmendment 8Prohibits excessive bail and fines and cruel and unusual punishmentAmendment 9Assures people that they may have other basic rights in addition to thosementioned in the ConstitutionAmendment 10Guarantees that rights not given to the federal government, nor denied tothe states, are reserved to the states or to the peopleIndividual Rights The Bill of Rights became partof the Constitution in 1791. These first 10 amendments protect basic liberties and rights that someAmericans may take for granted—including freedom of speech, freedom of the press, freedom ofassembly, freedom of religion, and the right to a trialby jury.The 17 amendments that follow the Bill of Rightsexpand the rights of Americans and adjust certainprovisions of the Constitution. Included among themare amendments that abolish slavery, define citizenship, guarantee voting rights, authorize an incometax, and set a two-term limit on the presidency.HISTORYStudent Web ActivityVisit the American Vision: Modern Times Web site attav.mt.glencoe.com and click on Student Web Activities—Constitution Handbook for an activity on the principles ofthe Constitution.Antifederalists demanded a specific list of individualrights and freedoms.Analyzing Information Why did the Framers includeAmendment 4, prohibiting unreasonable searches?The Legislative BranchThe legislative branch of government makesthe nation’s laws and appropriates funds.Reading Connection Have you written to your representative to express support for or opposition to a bill? Read onto find out how Congress proposes and enacts laws.The legislative branch includes the two houses ofCongress: the House of Representatives and theSenate. Congress’s two primary roles are to make thenation’s laws and to control federal spending.The Role of CongressThe government cannotspend any money unless Congress appropriates, orsets aside, funds. All tax and spending bills mustoriginate in the House of Representatives and gainThe Constitution Handbook141

approval in both the House and the Senate beforemoving on to the president for signature.Congress also monitors the executive branch andinvestigates possible abuses of power. The House ofRepresentatives can impeach, or bring formalcharges against, any federal official it suspects ofwrongdoing or misconduct. If an official isimpeached, the Senate acts as a court and tries theaccused official. Officials who are found guilty maybe removed from office.The Senate also holds certain special powers. Onlythe Senate can ratify treaties made by the presidentand confirm presidential appointments of federalofficials such as department heads, ambassadors,and federal judges.All members of Congress have the responsibilityof representing their constituents, the people of theirhome states and districts. As a constituent, you canexpect your senators and representative to promotenational and state interests.Congress at WorkThousands of bills—proposed laws—are introduced in Congress every year.Because individual members of Congress cannotpossibly study all these bills carefully, both housesuse committees of selected members to evaluate proposed legislation.Standing committees are permanent committeesin both the House and the Senate that specialize in aparticular topic, such as agriculture, commerce, orveterans’ affairs. These committees are usuallydivided into subcommittees that focus on a particular aspect of an issue.The House and the Senate sometimes form temporary select committees to deal with issues requiringspecial attention. These committees meet only untilthey complete their task.Occasionally the House and the Senate form jointcommittees with members from both houses. Thesecommittees meet to consider specific issues, such asthe system of federal taxation. One type of joint committee, a conference committee, has a special function. If the House and the Senate pass differentversions of the same bill, a conference committeetries to work out a compromise bill acceptable to bothhouses.Once a committee in either house of Congressapproves a bill, it is sent to the full Senate or House fordebate. After debate the bill may be passed, rejected,or returned to the committee for further changes.When both houses pass a bill, it goes to the president. If the president approves the bill and signs it, thebill becomes law. If the president vetoes the bill, it doesnot become law unless Congress overrides the veto.How a Bill Becomes Law1. A legislator introduces a bill in theHouse or Senate, where it is referredto a committee for review.2. After review, the committee decideswhether to shelve it or to send it backto the House or Senate with or withoutrevisions.3. The House or Senate then debates thebill, making revisions if desired. If thebill is passed, it is sent to the otherhouse.4. If the House and Senate pass differentversions of the bill, the houses mustmeet in a conference committee todecide on a compromise version.5. The compromise bill is then sent toboth houses.6. If both houses pass the bill, it is sentto the president to sign.7. If the president signs the bill,it becomes law.The legislative process is complex.Analyzing Information What is the roleof a conference committee?142The Constitution Handbook8. The president may veto the bill, but iftwo-thirds of the House and Senatevote to approve it, it becomes lawwithout the president’s approval.

The Amendment ProcessProposalRatificationAmendment proposedby a vote of two-thirds ofboth houses of CongressAfter approval bythree-fourths ofstate legislaturesororAmendment proposedby a national conventionrequested by two-thirdsof statesAfter approval bythree-fourths ofstate ratifyingconventionsThe Executive BranchAs the nation’s leader, the president carriesout laws with the help of executive offices, departments,and agencies.Reading ConnectionWhat would you do if you werethe student council president? Read on to learn about the different roles of the U.S. president.The executive branch of government includes thepresident, the vice president, and various executiveoffices, departments, and agencies. The executivebranch carries out the laws that Congress passes. Thepresident plays a number of different roles in government, each of which has specific powers and responsibilities. These roles include the nation’s chiefexecutive, chief diplomat, commander in chief of themilitary, chief of state, and legislative leader.The President’s Roles Chief Executive and Chief Diplomat As chief executive, the president is responsible for carrying outthe nation’s laws. As chief diplomat, the presidentdirects foreign policy, appoints ambassadors, andnegotiates treaties with other nations. Commander in Chief As commander in chief of thearmed forces, the president can use the military tointervene or offer assistance in crises at home andaround the world. The president cannot declarewar; only Congress holds this power. The president can send troops to other parts of the worldfor up to 60 days but must notify Congress whendoing so. The troops may remain longer only ifCongress gives its approval or declares war.Newamendmentto theConstitutionAmending the Constitution helps it adaptto changing times.Analyzing Information What role do thestates play in the amendment process? Chief of State As chief of state, the president servesa symbolic role as the representative of allAmericans. The president fulfills this role whenreceiving foreign ambassadors or heads of state,visiting foreign nations, or honoring Americans. Legislative Leader The president serves as a legislative leader by proposing laws to Congress andworking to see that they are passed. In the annualState of the Union address, the president presentsgoals for legislation.The Executive Branch at WorkMany executiveoffices, departments, and independent agencies helpthe president carry out and enforce the nation’s laws.The Executive Office of the President (EOP) is madeup of individuals and agencies that directly assist thepresident. Presidents rely heavily on the EOP foradvice and for gathering information needed fordecision making.The executive branch also includes 15 executivedepartments, each responsible for a different area ofgovernment. For example, the Department of Stateplans and carries out foreign policy, and theDepartment of the Interior manages and protects thenation’s public lands and natural resources. The newDepartment of Homeland Security is responsible forthe nation’s internal security. The heads of thesedepartments, who have the title of secretary, are members of the president’s cabinet. This group helps thepresident make decisions and set government policy.The Constitution Handbook143

The Federal Court SystemU.S. Supreme CourtU.S. Court ofMilitaryAppealsMilitaryCourts12 U.S.Courts ofAppealsU.S. TaxCourtsU.S. Court ofAppeals for theFederal 1 U.S.DistrictCourtsU.S. Courtsof the Districtof ColumbiaThe Judicial BranchThe judicial branch consists of different federal courts that review and evaluate laws and interpretthe Constitution.Reading Connection The Constitution did not give thejudicial branch the power to review laws. Do you think it is areasonable task? Read on to learn about the role of federaljudges and the Supreme Court.Article III of the Constitution calls for the creationof a Supreme Court and “such inferior [lower] courtsas Congress may from time to time ordain and establish.” Today the judicial branch consists of three maincategories of courts, including: District Courts United States district courts are thelowest level of the federal court system. Thesecourts consider criminal and civil cases that comeunder federal authority, including such criminaloffenses as kidnapping and federal tax evasion.Civil cases cover claims against the federal government and cases involving constitutional rights,such as free speech. There are 91 district courts,with at least one in every state. Appellate Courts The appellate courts, or appealscourts, consider district court decisions in whichthe losing side has asked for a review of the verdict. If an appeals court disagrees with the lower144The Constitution HandbookU.S. Court ofInternationalTradeHighest StateCourtsU.S. ClaimsCourtsU.S. Court ofVeteransAppeals1. Interpreting Charts How manyroutes to the U.S. Supreme Court aredepicted in the chart?2. Applying Chart Skills How would acase originating in Puerto Rico beappealed to the U.S. Supreme Court?court’s decision, it can either overturn the verdictor order a retrial. There are 14 appeals courts in theUnited States, one for each of the 12 federal districts, a military appeals court, and an appellatecourt for the federal circuit. The Supreme Court The Supreme Court, the finalauthority in the federal court system, consists of achief justice and eight associate justices. Most ofthe Supreme Court’s cases come from appeals oflower court decisions. Only cases involving foreign ambassadors or disputes between states canbegin in the Supreme Court.Supreme Court IndependenceThe SupremeCourt is the least public of the government’sbranches. The president appoints the Court’s justicesfor life, and the Senate confirms the appointments.The public has no input. The Framers hoped thatbecause judges were appointed rather than elected,they would be free to evaluate the law with no consideration of pleasing a group of electors.Judicial ReviewThe role of the judicial branch isnot described in very much detail in the Constitution,but the role of the courts has grown as powersimplied in the Constitution have been put into practice. In 1803 Chief Justice John Marshall expanded thepowers of the Supreme Court by striking down an actof Congress in the case of Marbury v. Madison.

Although not mentioned in the Constitution, judicialreview has become a major power of the judicialbranch. Judicial review gives the Supreme Court theultimate authority to interpret the meaning of constitutional provisions and explain how the words of this200-year-old document apply to our modern nation.; (See page 1005 for more information on Marbury v. Madison.)The Rights of American CitizensThe Constitution and the Bill of Rights provide Americans with protection and freedoms.Reading ConnectionHow do you think theConstitution protects your rights as a student? Read on to findout about the major rights of Americans.The rights of Americans fall into three broad categories: the right to be protected from unfair actions ofthe government, to receive equal treatment under thelaw, and to retain basic freedoms.Protection from Unfair ActionsParts of theConstitution and the Bill of Rights protect allAmericans from unfair treatment by the governmentor the law. Among these rights are the right to alawyer when accused of a crime and the right to trialby jury when charged with a crime. In addition, theFourth Amendment protects us from unreasonablesearches and seizures. This provision requires policeto have a court order before searching a person’shome for criminal evidence. To obtain this, the policemust have a very strong reason to suspect the personof committing a crime.Equal TreatmentAll Americans, regardless ofrace, religion, or political beliefs, have the right to betreated the same under the law. The FifthAmendment states that no person shall “be deprivedof life, liberty, or property, without due process oflaw.” Due process means that the government mustfollow procedures established by law and guaranteed by the Constitution, treating all people equally.The Fourteenth Amendment requires every state togrant its citizens “equal protection of the laws.”Basic Freedoms The basic freedoms involve thefundamental liberties outlined in the FirstAmendment—freedom of speech, freedom of religion, freedom of the press, freedom of assembly, andthe right to petition. In a democracy, power rests inthe hands of the people. Therefore, citizens in a democratic society must be able to exchange ideas freely.The First Amendment allows citizens to criticize thegovernment, in speech or in the press, without fear ofpunishment.In addition, the Ninth Amendment states that therights of Americans are not limited to those mentionedin the Constitution. This has allowed basic freedomsDemocracy in Action Town meetings in New England give local residents the chance to express theirviews. It is a responsibility of American citizens to remain informed about the actions of their local, state,and national government.The Constitution Handbook145

to expand over the years through the passage ofother amendments and laws. The NineteenthAmendment, for example, granted the right to vote toall qualified women in federal and state elections. TheTwenty-sixth Amendment extends the right to vote toAmerican citizens who are at least 18 years of age.Limits on RightsAlthough Americans enjoy abroad range of rights, these rights are not absolute.There are certain limitations on these rights, whichare based on the principle that everyone’s rightsshould be respected equally. For example, manycities and towns have passed laws that requiregroups to obtain a permit to march on city streets.While such a law does limit free speech, it also protects the community by allowing the police to makeprovisions so that the march will not disturb the livesof other people. However, a law banning all marcheswould be unreasonable and would violate the FirstAmendment rights of free speech and assembly.Similarly, a law preventing only certain groups frommarching would be unfair because it would notapply equally to everyone.In this and other cases, the government balancesan individual’s rights, the rights of others, and thecommunity’s health and safety. Most Americans arewilling to accept some limitations on their rights togain these protections as long as the restrictions arereasonable and apply equally to all.Duties of Citizenship All males age 18 or over are required to registerfor military duty. In July 2001, David Edmond Lucitt, 18, of Haymarket,Virginia, became the one-millionth man to register online. Why do malesover age 18 need to register?Citizens’ ResponsibilitiesWhen Americans fulfill their rights andresponsibilities, they help protect the basic ideas ofdemocracy.Reading Connection Have you thought about a political candidate for whom you would vote in the next election?Read on to learn about the rights and responsibility you willgain at the age of 18.Participation in a democratic society involves certain duties and responsibilities. Duties are actionsrequired by law. Responsibilities are voluntaryactions. Fulfilling both your duties and your responsibilities helps ensure good government and protectsyour rights.DutiesOne of the fundamental duties of allAmericans is to obey the law. Laws serve threeimportant functions. They help maintain order; theyprotect the health, safety, and property of all citizens;and they make it possible for

Constitution after 1787 with emphasis on federal versus state authority and growing democratization.The Big Idea , A written contract between the people and their government can pre-serve natural rights and allow for change over time. The Framers of the Constitution created a document based on seven major principles: popular sov-