Navigating the intricacies of the U.S. Constitution can be daunting, but with the right resources, understanding its core principles and applications becomes significantly easier. Unit 2 The Constitution Study Guide Answers Key provides a comprehensive approach to mastering this foundational document, ensuring you’re well-prepared for any assessment. CONDUCT.EDU.VN offers a wealth of information and clear guidance to help you explore the Constitution’s framework, amendments, and enduring relevance. This exploration includes constitutional interpretation and civic responsibilities.
1. Understanding the Constitutional Convention and Its Key Players
The Constitutional Convention, a pivotal event in American history, brought together delegates from various states to address the shortcomings of the Articles of Confederation. Understanding the context, key figures, and compromises made during this period is essential for grasping the Constitution’s origins and intent.
1.1. How Were Deputies to the Constitutional Convention Chosen?
The legislatures of the different states appointed the deputies to the Constitutional Convention. This process ensured that each state had a voice in shaping the new framework of government. Each state legislature carefully selected individuals they believed would best represent their interests and contribute to the creation of a more effective national government. This method of selection underscored the importance of state sovereignty while also recognizing the need for a unified approach to governance. The delegates were entrusted with the responsibility of crafting a document that would balance the needs of individual states with the collective needs of the nation.
1.2. Which State Did Not Send Deputies to the Constitutional Convention?
Rhode Island and Providence Plantations did not send deputies to the Constitutional Convention. This absence was due to the state’s strong adherence to states’ rights and its reluctance to cede power to a central government. Rhode Island, deeply suspicious of centralized authority, feared that a strong national government would infringe upon its autonomy and the rights of its citizens. This decision reflected a broader debate among the states regarding the balance of power between state and federal entities, a debate that continues to shape American political discourse today.
1.3. Where and When Did the Deputies to the Constitutional Convention Assemble?
The deputies to the Constitutional Convention assembled in Philadelphia, in the State House where the Declaration of Independence was signed. The meeting was called for May 14, 1787, but a quorum was not present until May 25. This location held symbolic significance, as it was the birthplace of American independence. The choice of Philadelphia underscored the delegates’ intention to build upon the foundation laid by the Declaration of Independence, creating a government that would uphold the principles of liberty and self-governance. The delay in achieving a quorum highlighted the challenges of coordinating representatives from diverse states with varying interests.
1.4. What Was the Average Age of the Deputies to the Constitutional Convention?
The average age of the deputies to the Constitutional Convention was about 44. This relatively young age reflects the dynamism and forward-thinking nature of the individuals tasked with creating a new framework of government. These were men of experience and education, yet young enough to embrace innovative ideas and adapt to the changing needs of a growing nation. Their youthfulness contributed to their willingness to challenge established norms and craft a Constitution that would stand the test of time.
1.5. Who Were the Oldest and Youngest Members of the Constitutional Convention?
Benjamin Franklin, of Pennsylvania, then 81, was the oldest member of the Constitutional Convention. Jonathan Dayton, of New Jersey, 26, was the youngest. Franklin’s presence lent wisdom and experience to the proceedings, while Dayton’s youth injected fresh perspectives and innovative ideas. This blend of generations ensured that the Constitution reflected both the lessons of the past and the aspirations for the future. Franklin’s sage counsel and Dayton’s youthful energy contributed to the creation of a document that balanced tradition with progress.
1.6. Who Was Called the “Father of the Constitution”?
James Madison, of Virginia, was called the “Father of the Constitution” because of his erudition and significant contributions to the formation of the Constitution. Madison’s meticulous notes from the Convention provide invaluable insights into the debates and compromises that shaped the document. His intellectual prowess and deep understanding of political theory made him a driving force behind the Constitution’s creation. Madison’s legacy as the “Father of the Constitution” is a testament to his dedication and vision.
1.7. Was Thomas Jefferson a Member of the Constitutional Convention?
No, Thomas Jefferson was not a member of the Constitutional Convention. At the time, Jefferson was serving as the American Minister to France. However, his ideas and correspondence influenced the framing of the Constitution, particularly regarding the protection of individual liberties. Jefferson’s absence did not diminish his impact, as his principles of self-governance and individual rights continued to resonate with the delegates. His insistence on a Bill of Rights played a crucial role in shaping the final form of the Constitution.
1.8. Who Presided Over the Constitutional Convention?
George Washington was unanimously chosen to preside over the Constitutional Convention. His leadership and impartiality were crucial in guiding the delegates through difficult debates and ensuring a productive outcome. Washington’s presence lent legitimacy and credibility to the Convention, fostering an environment of collaboration and compromise. His ability to mediate disputes and maintain order was instrumental in the successful drafting of the Constitution.
2. Key Debates and Compromises During the Constitutional Convention
The Constitutional Convention was marked by intense debates and disagreements among the states, particularly regarding representation, slavery, and the balance of power between the federal government and the states. Understanding these debates and the compromises that resolved them is crucial for appreciating the complexity and nuances of the Constitution.
2.1. What Was the Connecticut Compromise?
The Connecticut Compromise, also known as the Great Compromise, resolved the conflict between the large and small states regarding representation in Congress. It established a bicameral legislature, with the Senate providing equal representation for each state (two senators per state) and the House of Representatives based on population. This compromise ensured that both the interests of the populous states and the smaller states were protected. The Connecticut Compromise was a pivotal moment in the Convention, paving the way for agreement on other contentious issues.
2.2. Who Presented the Virginia Plan?
Edmund Randolph presented the Virginia Plan, which proposed a strong national government with a bicameral legislature based on population. This plan favored the larger states and sparked significant opposition from the smaller states, leading to the Connecticut Compromise. The Virginia Plan served as a starting point for the Convention’s deliberations, setting the stage for the debates and compromises that would shape the Constitution. Its emphasis on a strong national government laid the groundwork for the federal system we have today.
2.3. Was There Harmony in the Convention?
Serious conflicts arose at the outset of the Constitutional Convention, especially between those representing the small and large states. These conflicts centered on issues such as representation in the legislature, the powers of the federal government, and the protection of states’ rights. The debates were often heated, and compromise was essential to achieving a consensus. Despite these challenges, the delegates ultimately found common ground, demonstrating their commitment to creating a more perfect union.
3. Crafting and Signing the Constitution
The drafting and signing of the Constitution were the culmination of months of intense debate and compromise. Understanding the process by which the document was created and the individuals who played key roles is essential for appreciating its significance.
3.1. Who Actually Wrote the Constitution?
No single individual wrote the Constitution. Instead, it was the result of collaborative effort and compromise among the delegates. A Committee of Detail, consisting of John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, produced a draft that was then debated and revised. A Committee of Style, including William Samuel Johnson, Alexander Hamilton, Gouverneur Morris, James Madison, and Rufus King, refined the language and structure of the document. Gouverneur Morris is believed to have been largely responsible for the final literary form.
3.2. Who Was the Penman Who Engrossed the Constitution?
Jacob Shallus, assistant clerk of the Pennsylvania State Assembly, engrossed the Constitution after the text had been agreed upon. His meticulous penmanship ensured that the document was legible and preserved for posterity. Shallus’s contribution, though often overlooked, was essential in creating the official version of the Constitution that was signed by the delegates. His identity was determined in 1937, on the 150th anniversary of the Constitution.
3.3. Did Some of the Deputies Refuse to Sign the Constitution?
Only thirty-nine deputies signed the Constitution. Fourteen had departed for their homes, and three—Edmund Randolph and George Mason, of Virginia, and Elbridge Gerry, of Massachusetts—refused to sign. These individuals had reservations about the document, particularly regarding the absence of a bill of rights and the potential for the federal government to become too powerful. Their refusal to sign underscored the ongoing debates and concerns surrounding the Constitution’s ratification.
4. Ratification and the Bill of Rights
The ratification of the Constitution was a hard-fought process, with significant opposition from those who feared a strong central government. The addition of the Bill of Rights, consisting of the first ten amendments, was crucial in securing the support of many states and ensuring the protection of individual liberties.
4.1. What Party Names Were Given to Those Who Favored Ratification and Those Who Opposed It?
Those who favored ratification were called Federalists, while those who opposed it were known as Antifederalists. The Federalists, led by figures such as Alexander Hamilton and James Madison, argued for a strong national government to promote unity and stability. The Antifederalists, including Patrick Henry and George Mason, feared that a powerful central government would infringe upon states’ rights and individual freedoms. This division shaped the early years of American politics and continues to influence debates about the role of government today.
4.2. In What Order Did the States Ratify the Constitution?
The states ratified the Constitution in the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. After Washington had been inaugurated, North Carolina and Rhode Island ratified. The order of ratification reflects the varying levels of support for the Constitution among the states, with some quickly embracing the new framework of government and others requiring more persuasion. The eventual ratification by all thirteen original states demonstrated the widespread acceptance of the Constitution as the supreme law of the land.
4.3. What Did Thomas Jefferson Have to Do With Framing the Constitution?
Although absent from the Constitutional Convention, Jefferson played a significant role in shaping the Constitution through his insistence on the Bill of Rights. He believed that a written guarantee of individual liberties was essential to prevent government overreach. Jefferson’s advocacy for the Bill of Rights influenced the debates surrounding ratification and ultimately led to its adoption. His legacy as a champion of individual rights is deeply intertwined with the Constitution.
4.4. What Constitutes the Bill of Rights?
The Bill of Rights consists of the first ten amendments to the Constitution. These amendments guarantee fundamental rights and liberties, such as freedom of speech, religion, and the press; the right to bear arms; protection against unreasonable searches and seizures; and the right to due process and a fair trial. The Bill of Rights is a cornerstone of American democracy, ensuring that the government respects the rights and freedoms of its citizens.
4.5. Do the First Ten Amendments Bind the States?
The first ten amendments initially restricted the powers of the national government, not the states. However, the Fourteenth Amendment, ratified in 1868, extended many of these protections to the states through the Due Process Clause. This incorporation doctrine has significantly expanded the scope of individual rights and liberties, ensuring that state governments also adhere to the principles enshrined in the Bill of Rights.
5. Interpreting and Applying the Constitution
The Constitution is a living document that continues to be interpreted and applied to new situations. Understanding the principles of constitutional interpretation and the role of the Supreme Court in this process is crucial for understanding the Constitution’s enduring relevance.
5.1. What Is Meant by the Term “Constitution”?
A constitution embodies the fundamental principles of a government. Our constitution, adopted by the sovereign power, is amendable by that power only. To the constitution, all laws, executive actions, and judicial decisions must conform, as it is the creator of the powers exercised by the departments of government. It serves as the supreme law of the land, defining the structure and powers of government while also protecting the rights and liberties of the people.
5.2. What Was W. E. Gladstone’s Famous Remark About the Constitution?
W. E. Gladstone famously remarked that “as the British Constitution is the most subtle organism which has proceeded from the womb and long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man.” This quote reflects the unique nature of the American Constitution as a written document created through deliberate human effort, rather than evolving gradually over time. Gladstone’s admiration for the Constitution underscores its enduring impact and significance.
5.3. The United States Government Is Frequently Described as One of Limited Powers. Is This True?
Yes. The United States government possesses only such powers as are specifically granted to it by the Constitution. This principle of limited government ensures that the federal government does not exceed its enumerated powers, leaving the remaining powers to the states or the people. The Tenth Amendment reinforces this principle, stating that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
5.4. Who Was Called the “Expounder of the Constitution”?
Daniel Webster, of Massachusetts, was called the “Expounder of the Constitution” because of his forceful and eloquent orations interpreting the document. Webster’s speeches and writings played a crucial role in shaping public understanding of the Constitution and its principles. His ability to articulate complex legal and constitutional concepts in a clear and persuasive manner earned him the title of “Expounder of the Constitution.”
5.5. It Is Frequently Asserted That the Supreme Court Nullifies an Act of Congress. Is This Correct?
No. The Court has repeatedly declared that it claims no such power. All it does—all it can do—is to examine a law when a suit is brought before it. If the law in question is in accordance with the Constitution, in the opinion of the Supreme Court, the law stands. If the law goes beyond powers granted by the Constitution, then it is no law, and the Supreme Court merely states that fact. This power of judicial review, established in the case of Marbury v. Madison (1803), is a cornerstone of American constitutional law.
6. Amending the Constitution
The Constitution provides a process for amendment, allowing it to adapt to changing circumstances and societal values. Understanding the amendment process and the amendments that have been added to the Constitution is essential for appreciating its flexibility and enduring relevance.
6.1. Is a Constitutional Amendment Submitted to the President?
No. A resolution proposing an amendment to the Constitution, after having passed both houses of Congress by a two-thirds vote, does not go to the President for his signature. It is sent to the States to be ratified either by their legislatures or by conventions, as Congress shall determine. This process reflects the principle of federalism, requiring the consent of both the national government and the states to alter the fundamental law of the land.
6.2. It Takes How Many States to Block an Amendment?
Thirteen states can block an amendment, without respect to population or importance. This reflects the principle of state equality in the amendment process, ensuring that a minority of states cannot impose their will on the majority. However, while approval is considered final, rejection is not while within the time limit, if one is prescribed by the amendment.
6.3. How Is an Amendment Repealed?
An amendment is repealed by adding another amendment. This has only happened once, with the repeal of the Eighteenth Amendment (Prohibition) by the Twenty-first Amendment. The process of repealing an amendment is the same as that of adding one, requiring a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.
7. Key Constitutional Concepts and Principles
Understanding key constitutional concepts and principles is essential for interpreting and applying the Constitution to contemporary issues. These concepts include federalism, separation of powers, checks and balances, and individual rights.
7.1. What Is Meant by the Term “Constitution”?
A constitution embodies the fundamental principles of a government. Our constitution, adopted by the sovereign power, is amendable by that power only. To the constitution all laws, executive actions, and judicial decisions must conform, as it is the creator of the powers exercised by the departments of government. It serves as the supreme law of the land, defining the structure and powers of government while also protecting the rights and liberties of the people.
7.2. What Is Meant by the Word Veto, in the President’s Powers?
The word veto is from the Latin and means “I forbid.” The President is authorized by the Constitution to refuse his assent to a bill presented by Congress if for any reason he disapproves of it. Congress may, however, pass the act over his veto but it must be by a two-thirds majority in both houses. If Congress adjourns before the end of the 10 days, the President can prevent the enactment of the bill by merely not signing it. This is called a pocket veto.
7.3. What Is Treason Against the United States?
Treason against the United States consists in levying war against them, or in adhering to their enemies, giving the latter aid and comfort. No person can be convicted of treason except upon the testimony of two witnesses to the same overt act or on confession in open court. This strict definition of treason reflects the framers’ concern about protecting political dissent and ensuring that individuals are not unjustly accused of disloyalty.
7.4. What Constitutes the Supreme Law of the Land?
Art. VI, cl. 2 of the Constitution says: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shalt be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” This Supremacy Clause establishes the Constitution and federal laws as the highest authority in the nation, overriding state laws and constitutions.
7.5. When Referring to Various States in the Union, Is the Term “Sovereign States” Correct?
No. A sovereign is that person or State which recognizes no superior. The States of the Union have a superior—the Constitution of the United States, which is “the supreme Law of the Land . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” This reflects the principle of federalism, where power is divided between a national government and state governments, with the national government holding ultimate authority in matters of constitutional law.
8. The Constitution and Current Issues
The Constitution continues to shape debates on a wide range of contemporary issues, from immigration and gun control to privacy and freedom of speech. Understanding the Constitution’s relevance to these issues is essential for informed citizenship.
8.1. Where, in the Constitution, Is There Mention of Education?
There is no mention of education in the Constitution; education is a matter reserved for the States. This reflects the principle of federalism, where powers not delegated to the federal government are reserved to the states. As a result, education policy is primarily determined at the state and local levels.
8.2. Must All Revenue and Appropriation Bills Originate in the House of Representatives?
The Constitution provides that all bills for raising revenue shall originate in the House of Representatives. It is customary for appropriation bills to originate there also. This provision reflects the principle of popular sovereignty, giving the House, which is directly elected by the people, the primary role in shaping the nation’s financial policies.
8.3. What Protection Is Given to a Person Accused of Crime Under the Jurisdiction of the United States?
The Fifth Amendment declares that no person, except one serving in the land or naval forces or the militia in time of war or public danger, can be held to answer for a capital or other infamous crime unless on a presentment or indictment of a grand jury. No person can be twice put in jeopardy of life or limb for the same offense. No one in a criminal case can be compelled to be a witness against himself, or be deprived of life, liberty, or property without due process of law. Private property cannot be taken for public use without just compensation. By the Eighth Amendment excessive bail and fines and cruel and unusual punishments are prohibited. The original Constitution forbids ex post facto laws and bills of attainder, limits the punishment for treason, protects the right to a writ of habeas corpus, and secures trial by jury.
8.4. Is the Right to Speedy Trial Guaranteed?
Yes. The Sixth Amendment expressly states that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury within the district of the crime and to be informed of the nature and cause of the accusation. He is entitled to be confronted with the witnesses against him, to be allowed to compel the attendance of witnesses in his favor, and to have the assistance of counsel for his defense.
9. Frequently Asked Questions About the Constitution
Addressing frequently asked questions about the Constitution can help clarify common misconceptions and promote a deeper understanding of this fundamental document.
9.1. What Is the Source of the Philosophy Found in the Constitution?
The book which had the greatest influence upon the members of the Constitutional Convention was Montesquieu’s Spirit of Laws, which first appeared in 1748. The great French philosopher had, however, in turn borrowed much of his doctrine from the Englishman John Locke, with whose writings various members of the Convention were also familiar.
9.2. Are There Original Ideas of Government in the Constitution?
Yes; but its main origins lie in centuries of experience in government, the lessons of which were brought over from England and further developed through the practices of over a century and a half in the colonies and early State governments, and in the struggles of the Continental Congress. Its roots are deep in the past; and its endurance and the obedience and respect it has won are mainly the result of the slow growth of its principles from before the days of Magna Carta.
9.3. How Extensively Has the Constitution Been Copied?
All later Constitutions show its influence; it has been copied extensively throughout the world.
9.4. Then How Does It Happen That the Government Constantly Exercises Powers Not Mentioned by the Constitution?
Those powers simply flow from general provisions. To take a simple example, the Constitution gives to the United States the right to coin money. It would certainly follow, therefore, that the government had the right to make the design for the coinage. This is what the Supreme Court calls “reasonable construction” of the Constitution.
9.5. Must a Member of the House of Representatives Be a Resident of the District Which He Represents?
The Constitution provides only that no person shall be a representative “who shall not, when elected, be an Inhabitant of that State in which he shall be chosen”; but makes no requirement as to residence within the district.
9.6. Is It Possible to Impeach a Justice of the Supreme Court?
It is possible to impeach a Justice of the Supreme Court or any other official. The Constitution makes provision for impeachment by the House and trial of the accused by the Senate sitting as a court of “all civil Officers,” which includes the Justices.
9.7. Could Members of the President’s Cabinet Be Permitted to Sit in Congress Without Amending the Constitution?
No. A national officeholder cannot at the same time be a member of either House of Congress.
9.8. Does the Constitution Provide for the Formation of a Cabinet?
No. The Constitution vests the executive power in the President. Executive departments were created by successive acts of Congress under authority conferred by the Constitution. The Secretaries of these, together with the Attorney General, formed the first President’s Cabinet. The Cabinet, it should be distinctly understood, is merely an advisory body whose members hold office only during the pleasure of the President. It has no constitutional function as a Cabinet, and the word does not appear in an act of Congress until February 26, 1907.
9.9. By What Authority May the President of the United States Call an Extra Session of Congress?
The Constitution provides for this. Art. II, sec. 3, says: “. . . he may, on extraordinary Occasions, convene both Houses, or either of them, . . .”
9.10. Is There a Clause in the Constitution Prohibiting Members of Certain Religious Denominations From Becoming President of the United States?
No. Art. VI, cl. 3 of the Constitution provides that “no religious Test shall ever be required as a Qualification to any Office of public Trust under the United States.”
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