Chapter 5 - The Constitution
"Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties." - Abraham Lincoln
The Story Matters:
Before arriving at Independence Hall in Philadelphia in 1787 to help create a new U.S. government, James Madison had already had an impressive political career. He helped write Virginia's state constitution. He also served in the Virginia House of Delegates and the Continental Congress.
Madison realized that the country needed a stronger central government. He had studied forms of government. This helped him develop a plan that carefully balanced national, state, and individual interests. In 1787, many of Madison's ideas became part of the new blueprint for the federal government - the U.S. Constitution.
Madison realized that the country needed a stronger central government. He had studied forms of government. This helped him develop a plan that carefully balanced national, state, and individual interests. In 1787, many of Madison's ideas became part of the new blueprint for the federal government - the U.S. Constitution.
It Matters Because:
Lesson 1: The Country's First Governments - The weaknesses of the first U.S. government shaped the way our government works today.
Lesson 2: Creating a New Constitution - In creating the Constitution, the basis for our government today, the Framers reached important compromises that had lasting legacies.
Lesson 3: The Structure of the Constitution - The U.S. Constitution sets up the structure of our government and the basic laws of our nation.
Lesson 4: Principles of the Constitution - Every aspect of our lives is affected by the principles set down in the Constitution by the Framers.
Lesson 1: The Country's First Governments - The weaknesses of the first U.S. government shaped the way our government works today.
Lesson 2: Creating a New Constitution - In creating the Constitution, the basis for our government today, the Framers reached important compromises that had lasting legacies.
Lesson 3: The Structure of the Constitution - The U.S. Constitution sets up the structure of our government and the basic laws of our nation.
Lesson 4: Principles of the Constitution - Every aspect of our lives is affected by the principles set down in the Constitution by the Framers.
Content to be covered:
- The Preamble of the Constitution
- Anti-Federalist and Federalists views on the Constitution
- Articles of Confederation
- Guiding principles of the Constitution
- Students will be able to . . . demonstrate an understanding of the origins and purposes of the Constitution, Preamble, and the Bill of Rights by integrating visual information with corresponding evidence, data, and facts found within print and digital text.
- Students will be able to understand . . . how the weaknesses of the Articles of Confederation led to the development of the Constitution, and that the U.S. Constitution establishes the government and the principles upon which it is based.
Learning Scale:
4.0: Students will be able to: use a credible and current publication - newspaper, magazine, or online newspaper - find multiple pictures of how the government today still promotes the ideas listed in the Preamble. Create a collage of these pictures. Explain how each picture you selected represents the present government following the ideals set forth in the Preamble.
3.0: Students will be able to: understand how the weaknesses of the Articles of Confederation led to the development of the Constitution, and that the U.S. Constitution establishes the government and the principles upon which it is based.
- Explain how the Constitution addressed the weaknesses of the Articles of Confederation
- Explain the difference between the concepts of separation of powers and checks and balances
- Describe how rule of law protects citizens from abusive use of government power
2.0: Students will be able to: recognize and describe specific terminology such as: Shay's Rebellion, Constitutional Convention, Articles of Confederation, Constitution, Checks and Balances, Preamble, Separation of Powers
The student will:
- Identify the goals and purposes of government as set forth in the Preamble of the Constitution
- Identify the weaknesses of the Articles of Confederation
1.0: With help, a partial understanding of some of the simpler details and processes and some of the more complex ideas and processes.
3.0: Students will be able to: understand how the weaknesses of the Articles of Confederation led to the development of the Constitution, and that the U.S. Constitution establishes the government and the principles upon which it is based.
- Explain how the Constitution addressed the weaknesses of the Articles of Confederation
- Explain the difference between the concepts of separation of powers and checks and balances
- Describe how rule of law protects citizens from abusive use of government power
2.0: Students will be able to: recognize and describe specific terminology such as: Shay's Rebellion, Constitutional Convention, Articles of Confederation, Constitution, Checks and Balances, Preamble, Separation of Powers
The student will:
- Identify the goals and purposes of government as set forth in the Preamble of the Constitution
- Identify the weaknesses of the Articles of Confederation
1.0: With help, a partial understanding of some of the simpler details and processes and some of the more complex ideas and processes.
- SS.7.C.1.6: Interpret the intentions of the Preamble of the Constitution.
- SS.7.C.1.9: Define the rule of law and recognize its influence on the development of the American legal, political, and governmental systems
- SS.7.C.1.5: Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution
- SS.7.C.1.8: Explain the viewpoints of the Federalists and the Anti-Federalists regarding the ratification of the Constitution and inclusion of a bill of rights, the ratification of the Constitution, and inclusion of a bill of rights.
- SS.7.C.2.4: Evaluate the obligations citizens have to obey laws, pay taxes, defend the nation, and serve on juries.
- SS.7.C.2.5: Distinguish how the Constitution safeguards and limits individual rights.
- SS.7.C.3.12: Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbuy v. Madison, Plessy v. Ferguson, Brown v. Board of Education, Gideon v. Wainwright, Miranda v. Arizona, In re Gault, Tinker v. Des Moines, Hazelwood v. Kuhlmeier, United States v. Nixon, and Bush v. Gore
- SS.7.C.1.6: Interpret the intentions of the Preamble of the Constitution
- SS.7.C.1.7: Describe how the Constitution limits the powers of government through separation of powers and checks and balances
- LAFS.68.RH.1.1: Cite specific textual evidence to support analysis of primary and secondary sources
- LAFS.68.WHST.3.9: Draw evidence from informational texts to support analysis reflection, and research
- LAFS.68.RH.2.4: Determine the meaning of words and phrases as they are used in a text, including vocabulary specific to domains related to history/social studies
- LAFS.68.RH.3.7: Integrate visual information (e.g., in charts, graphs, photographs, videos, or maps) with other information in print and digital texts
Content Vocabulary:
Academic Vocabulary:
by Column Five Media.
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The "Federal" in Federalism
United States
The United States is one country—but it’s also a bunch of states. You could almost say it’s a group of states that are... well... united. When our country was born, thirteen states already existed. Each one had been a British colony before gaining independence from Britain after the Revolutionary War. These new states wanted to come together as one nation, but they also wanted to be independent. After all, they’d just won their freedom from a powerful government! They needed a central government that would share power with the states, and that’s exactly what they created when they wrote the Constitution.
Let’s Get Together
Each state already had its own government, so it wasn't as if the new Americans were running amok. But if the new United States was going to be able to deal with other nations, it needed one government that would speak for the entire country. It also needed one central government to do things like declare war on other countries, keep a military, and
negotiate treaties with other countries. Each state also had its own court system, but there needed to be federal courts where citizens from different states could resolve their disputes.
Government on Two Levels
The United States Constitution creates a central government known as the federal government. The federal government deals with issues that affect the entire country. Each state also has its own state government that only handles the affairs of that state. This division of power between a central government and state governments is called federalism.
The federal government gets all of its power from the Constitution. Federal power is divided among three branches of government: the executive, legislative, and judicial branches. The Constitution explains the role and powers of each branch. In order to keep the federal government from becoming too powerful, the Constitution says that any power not given to the federal government is a power the states or the people keep for themselves. There a few powers that both the states and the federal government share.
The Supremacy Clause
Before the Constitution, the United States tried another government that was very weak. It wasn't able to get much done because states could just ignore all the laws it passed—and they did! The Constitution has some very important language to prevent this: This Constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land. That means federal laws passed by Congress are supreme—they are superior to state laws. The Founders of our country learned from experience that this was necessary in order for the federal government to keep the power the Constitution gives it.
Federal Power: Expressed Powers
The Constitution gives most of the federal power to Congress. This was another way of limiting federal power: Because members of congress represent citizens in their home states, they are most likely to be responsive to citizens’ wants and needs. The Constitution gives Congress two types of powers. The most obvious type is expressed powers. When you express yourself, you state how you feel. Similarly, expressed powers are actually stated, or “expressed,” in the Constitution. Each branch has expressed powers, but you mostly hear this term in reference to Congress. The Constitution states that Congress has the power to do things like coin money, declare war, and establish immigration laws.
Implied Powers
Implied powers are not expressly stated in the Constitution. When you imply something, your intention is clear even though you don’t actually say it. For example, if you have permission to go to the mall, you probably also have permission to go into the stores in the mall. Permission to go into the stores is implied.
In the Constitution, the implied powers of Congress come from the Necessary and Proper Clause. This is a part of the Constitution that says Congress may make any law that is “necessary and proper” for carrying out its expressed powers. So the Constitution doesn't say Congress has the power to create a Postal Service website, but it does say Congress can establish post offices. Permission to create the website is implied because it is “necessary and proper” to running the post office.
Federal Power in Action
Sometimes Congress exercises powers it does not appear to have. The Civil Rights Act of 1964 is a good example. Congress wanted to prohibit racial discrimination in America… but that’s not on the list of powers Congress has. So how could Congress do this? They did it by finding a link between racial discrimination and “interstate commerce”—something Congress does have power over. The Civil Rights Act prohibits racial discrimination by any facility that has anything to do with interstate commerce, which almost everything does. Finding these kinds of links is how Congress takes many actions that, at first, appear to be beyond its power.
Limiting Government? What's the Big Deal?
Sometimes you might hear people talking as if government is an evil monster. Are they overreacting? Are there reasons to fear government? Whose side is government on, anyway? Throughout history, there have been governments that had too much power and ended up abusing that power. They limited people’s freedom, mistreated people, and even committed mass murders. In some places, that still happens today. Government isn't evil—but the people who run governments do need to be kept in check so they can’t abuse their power. There are several ways to limit government power.
A Constitution
A constitution is the rule-book for a country’s government. A constitution usually explains what kind of government a country has and how that government functions. It also tells how a country’s laws are made, and it explains the rights and responsibilities of citizens. Most modern countries have written constitutions.
The Rule of Law
The rule of law means laws are fair, they’re enforced, and nobody is above the law. When a country has the rule of law, even the government must follow the law. The law applies to everyone—even the president! Citizens feel secure that the government can’t just do what it wants, and there are procedures in place to make sure the law is enforced.
Consent of the Governed
When you give your consent, you are giving permission. The consent of the governed means that the citizens of a country give their permission to be governed by the country’s government, and they do this by voting. Citizens have the right to vote, and they can use their vote to change the government. By voting, citizens can even change the constitution!
Rights of the Minority
In a system where the citizens are the government because leaders are elected by voting, limiting government also means limiting the power of the majority. In voting, the majority rules. It would be possible for the majority to treat a minority group unfairly. Protecting the rights of the minority means protecting the rights of small or unpopular groups regardless of what the majority believes. Everyone must be treated fairly.
The United States is one country—but it’s also a bunch of states. You could almost say it’s a group of states that are... well... united. When our country was born, thirteen states already existed. Each one had been a British colony before gaining independence from Britain after the Revolutionary War. These new states wanted to come together as one nation, but they also wanted to be independent. After all, they’d just won their freedom from a powerful government! They needed a central government that would share power with the states, and that’s exactly what they created when they wrote the Constitution.
Let’s Get Together
Each state already had its own government, so it wasn't as if the new Americans were running amok. But if the new United States was going to be able to deal with other nations, it needed one government that would speak for the entire country. It also needed one central government to do things like declare war on other countries, keep a military, and
negotiate treaties with other countries. Each state also had its own court system, but there needed to be federal courts where citizens from different states could resolve their disputes.
Government on Two Levels
The United States Constitution creates a central government known as the federal government. The federal government deals with issues that affect the entire country. Each state also has its own state government that only handles the affairs of that state. This division of power between a central government and state governments is called federalism.
The federal government gets all of its power from the Constitution. Federal power is divided among three branches of government: the executive, legislative, and judicial branches. The Constitution explains the role and powers of each branch. In order to keep the federal government from becoming too powerful, the Constitution says that any power not given to the federal government is a power the states or the people keep for themselves. There a few powers that both the states and the federal government share.
The Supremacy Clause
Before the Constitution, the United States tried another government that was very weak. It wasn't able to get much done because states could just ignore all the laws it passed—and they did! The Constitution has some very important language to prevent this: This Constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land. That means federal laws passed by Congress are supreme—they are superior to state laws. The Founders of our country learned from experience that this was necessary in order for the federal government to keep the power the Constitution gives it.
Federal Power: Expressed Powers
The Constitution gives most of the federal power to Congress. This was another way of limiting federal power: Because members of congress represent citizens in their home states, they are most likely to be responsive to citizens’ wants and needs. The Constitution gives Congress two types of powers. The most obvious type is expressed powers. When you express yourself, you state how you feel. Similarly, expressed powers are actually stated, or “expressed,” in the Constitution. Each branch has expressed powers, but you mostly hear this term in reference to Congress. The Constitution states that Congress has the power to do things like coin money, declare war, and establish immigration laws.
Implied Powers
Implied powers are not expressly stated in the Constitution. When you imply something, your intention is clear even though you don’t actually say it. For example, if you have permission to go to the mall, you probably also have permission to go into the stores in the mall. Permission to go into the stores is implied.
In the Constitution, the implied powers of Congress come from the Necessary and Proper Clause. This is a part of the Constitution that says Congress may make any law that is “necessary and proper” for carrying out its expressed powers. So the Constitution doesn't say Congress has the power to create a Postal Service website, but it does say Congress can establish post offices. Permission to create the website is implied because it is “necessary and proper” to running the post office.
Federal Power in Action
Sometimes Congress exercises powers it does not appear to have. The Civil Rights Act of 1964 is a good example. Congress wanted to prohibit racial discrimination in America… but that’s not on the list of powers Congress has. So how could Congress do this? They did it by finding a link between racial discrimination and “interstate commerce”—something Congress does have power over. The Civil Rights Act prohibits racial discrimination by any facility that has anything to do with interstate commerce, which almost everything does. Finding these kinds of links is how Congress takes many actions that, at first, appear to be beyond its power.
Limiting Government? What's the Big Deal?
Sometimes you might hear people talking as if government is an evil monster. Are they overreacting? Are there reasons to fear government? Whose side is government on, anyway? Throughout history, there have been governments that had too much power and ended up abusing that power. They limited people’s freedom, mistreated people, and even committed mass murders. In some places, that still happens today. Government isn't evil—but the people who run governments do need to be kept in check so they can’t abuse their power. There are several ways to limit government power.
A Constitution
A constitution is the rule-book for a country’s government. A constitution usually explains what kind of government a country has and how that government functions. It also tells how a country’s laws are made, and it explains the rights and responsibilities of citizens. Most modern countries have written constitutions.
The Rule of Law
The rule of law means laws are fair, they’re enforced, and nobody is above the law. When a country has the rule of law, even the government must follow the law. The law applies to everyone—even the president! Citizens feel secure that the government can’t just do what it wants, and there are procedures in place to make sure the law is enforced.
Consent of the Governed
When you give your consent, you are giving permission. The consent of the governed means that the citizens of a country give their permission to be governed by the country’s government, and they do this by voting. Citizens have the right to vote, and they can use their vote to change the government. By voting, citizens can even change the constitution!
Rights of the Minority
In a system where the citizens are the government because leaders are elected by voting, limiting government also means limiting the power of the majority. In voting, the majority rules. It would be possible for the majority to treat a minority group unfairly. Protecting the rights of the minority means protecting the rights of small or unpopular groups regardless of what the majority believes. Everyone must be treated fairly.
Bet You Didn't Know:
Preferring the Articles of Confederation, Rhode Island refused to participate in creating the U.S. Constitution, and on May 29, 1790, became the last of the original 13 states to ratify it.
Preferring the Articles of Confederation, Rhode Island refused to participate in creating the U.S. Constitution, and on May 29, 1790, became the last of the original 13 states to ratify it.
Comprehension and Study Guide:
Ch. 5 Comprehension Guide | |
File Size: | 19 kb |
File Type: | docx |
Vocabulary:
Ch. 5 Who Am I | |
File Size: | 366 kb |
File Type: | docx |
Progress Checks:
In-Class Activities:
Ch. 5 Articles of Confederation Activity Reading | |
File Size: | 21 kb |
File Type: | docx |
Ch. 5 Articles of Confederation Activity Questions | |
File Size: | 18 kb |
File Type: | docx |
Ch. 5 Preamble Activity Reading | |
File Size: | 20 kb |
File Type: | docx |
Ch. 5 Preamble Activity Questions | |
File Size: | 17 kb |
File Type: | docx |
Ch. 5 Anatomy of the Constitution Reading | |
File Size: | 95 kb |
File Type: | docx |
Ch. 5 Anatomy of the Constitution Questions | |
File Size: | 20 kb |
File Type: | docx |
Ch. 5 Federalists Activity Reading | |
File Size: | 115 kb |
File Type: | docx |
Ch. 5 Federalists Activity Questions | |
File Size: | 16 kb |
File Type: | docx |
Ch. 5 Separation of Powers Reading | |
File Size: | 22 kb |
File Type: | docx |
Ch. 5 Separation of Powers Questions | |
File Size: | 17 kb |
File Type: | docx |
Word Scatters:
Worksheets & Writing Assignments:
Constitution Worksheet | |
File Size: | 241 kb |
File Type: |
Constitution 2 Paragraph Writing Assignment | |
File Size: | 17 kb |
File Type: | docx |
Guide to the Constitution | |
File Size: | 183 kb |
File Type: |
PowerPoint:
Ch. 5 QOD's | |
File Size: | 38 kb |
File Type: | pptx |
Ch. 5 Fix a Failure | |
File Size: | 1989 kb |
File Type: | pptx |
Ch. 5 Piece it Together | |
File Size: | 896 kb |
File Type: | pptx |
ch. 5 Preamble Breakdown | |
File Size: | 5072 kb |
File Type: | ppt |
Ch. 5 Interpreting the Constitution | |
File Size: | 4585 kb |
File Type: | ppt |
Ch. 5 AOC Just Right Gov't | |
File Size: | 3200 kb |
File Type: | ppt |
Constitution Charts and Graphs PowerPoint | |
File Size: | 876 kb |
File Type: | pptx |
Constitution PowerPoint Questions | |
File Size: | 418 kb |
File Type: | pptx |
Chapter Summary:
Constitution Chapter Summary | |
File Size: | 586 kb |
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civics_ch._5_spanish_summary.pdf | |
File Size: | 178 kb |
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Graphic Novel:
Constitution Graphic Novel | |
File Size: | 5957 kb |
File Type: |
Origins of Slavery in America:
America Gets a Constitution:
James Madison: Did You Know
The Founding Fathers Unite:
The two videos on the Constitution below are part 1 and part 2...