Professional Documents
Culture Documents
GOVERNMENT
FOR
EVERYBODY
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GOVERNMENT
FOR
EVERYBODY
Second Edition
Steven L. Jantzen
Steven L. Jantzen began his career in education and publishing as a high school teacher of histo-
ry and government. Since 1971, when he published his first book, he has been writing and edit-
ing educational materials. Previous books by Mr. Jantzen include a history of World War I and
textbooks in citizenship, American history, and world history.
Reviewers
Michael Bunitsky Carl Murset
Curriculum Specialist, Social Studies Social Studies Department Chair
Frederick Public Schools South Philadelphia High School
Frederick County, MD Philadelphia, PA
Arthur K. McCormack
Director of Student Research
Fordham Preparatory School
Bronx, NY
No part of this book may be reproduced in any form without written permission from the
publisher.
1 2 3 4 5 6 7 8 9 10 15 14 13 12 11 10
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Introduction
Whenever the people are well-informed, they can be trusted with their
own government.
Thomas Jefferson, 1789
Before you begin to read this book about the United States government, take
a moment to think about what year it is now and your current age. In what
year will you be 35 years old? On your birthday in that year is when you,
according to Article II, Section 1, of the United States Constitution, will be old
enough to run for president of the United States. The Constitution also
requires that a presidential candidate be a citizen by birth and a resident of
the country for 14 years. If you do not meet all these requirements, or cannot
wait until you are 35, you can consider a career in Congress. To run for the
Senate, you need to be only 30 years old and a citizen for at least nine years.
To run for the House of Representatives, you need to be only 25 years old and
a citizen for at least seven years. If your ambition is to hold an elected posi-
tion in the U.S. government, your reason for studying this book will be obvi-
ous: you are preparing for your career. If your ambitions lie elsewherein the
worlds of the arts, science, or business, for exampleyou might wonder why
you should study government. Here are the editors top ten reasons:
vii
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Government for Everybody, Second Edition, is organized into eight units. As you
progress through the units, you can expect to learn: (Unit I) how the U.S. sys-
tem of government was established and how it differs from other govern-
ments, (Unit II) how and why the U.S. Constitution divides powers among
three branches of government, (Unit III) how the president is elected and
what the presidents duties and responsibilities are, (Unit IV) how the
Supreme Court and lower federal courts work and how the Supreme Court
upholds the U.S. Constitution and the Bill of Rights, (Unit V) how Congress
is structured, how it functions, and what roles it plays in decisions made in
the nations capital, (Unit VI) how the federal government makes domestic
and foreign policy, (Unit VII) how decisions are made in state capitals and city
halls of the nation, and (Unit VIII) how a citizen can influence government
decisions at every level.
While progressing through the units, refer back from time to time to the
Why Study Government? list on page vii. Try to express in your own words
why it is important to study government. As you learn more about the U.S.
government and state and local governments, you will see more clearly the
importance of studying this subject.
The Editors
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Contents
Introduction vii
ix
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x CONTENTS
CONTENTS xi
xii CONTENTS
CONTENTS xiii
Glossary 471
Index 489
Acknowledgments 511
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UNIT I
THE U.S.
GOVERNMENT:
AN OVERVIEW
Washington Monument
F
or thousands of years, human beings have depended on some
type of system of government in order to organize their affairs
and protect themselves from internal and external dangers.
The chapters in this first unit define what government is, along
with the related concepts of nation and politics. You will then learn
the history, traditions, and ideas that led to the establishment of the
United States government. The role and purpose of government in
the American context will be explored in depth by studying two of the
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Chapter 1
The Origins of
the United States
Government
KEY TERMS
government Bill of Rights corporate
politics (English) colony
nation natural right Preamble
sovereignty constitution due process
right unconstitutional domestic
Mayflower tranquility
privilege
Compact general welfare
Magna Carta
royal colony liberty
Petition of
Right proprietary
colony
3
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What Is Government?
Government is a system for managing a community or nation and the lead-
ers or lawmakers who control that system. For example, local governments
such as the ones in cities, towns, and counties, install traffic signals and signs
on streets to regulate the flow of traffic and increase safety. Without traffic sig-
nals and signs, the streets would be disorderly, chaotic, and dangerous to both
drivers and pedestrians.
A traffic enforcement officer, employed by New York City, helps preserve public safety by
directing cars and pedestrians.
What Is Politics?
Politics is the process of deciding who gets to run the government and make
its laws. The people of a nation or community often disagree about who
should be governing them. One group of people may want changes in the
laws, while others are satisfied and oppose any change. Different groups com-
pete for the right to govern the nation. To settle their argument, one group
may even use force against the other. More often, the argument is settled
through peaceful means such as holding an election.
What Is a Nation?
A nation is a people with common customs whose government has sover-
eignty, meaning exclusive and independent, control over a certain defined ter-
ritory. A nation may be as large as the United States, Russia, China, and Canada.
Nations may also be as small as San Marino and Luxembourg in Europe and the
islands of Fiji and Vanuatu in the Pacific. All of these places are rightly called
nations because they have the following characteristics: (1) land with definite
boundaries; (2) people living on the land who share much in common such as
language, culture, and customs; (3) a system of government; and (4) sover-
eignty. The United States is considered a sovereign nation because its govern-
ment is free to make laws for its people without any interference from any
foreign government.
Beaufort Sea
Baffin Bay
Great
Bear Lake
SAN
N MARINO
Great San Marino
Slave Lake W E
Hudson Bay S
CANADA SAN
MARINO
Lake
Winnipeg
Ottawa
Atlantic
Ocean
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REVIEW
1. Define: government, politics, nation, and sovereignty.
2. In what ways can political disputes be resolved?
3. What are the characteristics of a nation?
4. Why are governments organized?
to finance a war against France. They forced King John to sign a document,
later called the Magna Carta (Great Charter), that limited his power. For
example, he promised that no noble would be arrested and imprisoned
unless by the lawful judgment of a jury.
The Magna Carta was important because it established a new principle. It
stated that the law was more powerful than a monarch. After 1215, the kings
power was limited.
A 17th-century English king, Charles I, was also forced to recognize the
rights of his subjects. To pay for a costly war against the French, he needed to
raise taxes. But Parliament refused unless he consented to its Petition of
Right of 1628. Among the rights of English citizens were the following:
Taxes could not be levied (collected from the people) unless Parliament agreed.
Soldiers could not be housed in private homes without the consent of
Parliament.
The king defied this petition and tried to rule without Parliament. But his ene-
mies revolted against him, took him prisoner, and finally beheaded him in 1649.
The third king whose tyranny provoked revolt was James II. In 1688, leaders
of Parliament raised an army against him, forcing him to flee England. In the
next year, 1689, they drew up a Bill of Rights, which included:
An army could not be maintained without the consent of Parliament.
Taxes could not be raised without the consent of Parliament.
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Cruel and unusual punishments for those accused of crimes were prohibited.
Unless found guilty by a jury, no one could be punished for a crime.
The revolt against James II affected the American colonies as well as England.
It was celebrated as the Glorious Revolution because peoples rights had pre-
vailed against a kings claim of unlimited power. The rights won by the English
prepared the way for many of the rights now enjoyed by Americans.
REVIEW
1. Define or identify: rights, privileges, Magna Carta, Petition of Right, Bill of
Rights (English), constitution, and unconstitutional.
2. Why is the Magna Carta considered part of the foundation of English and
American democracy?
3. How did the overthrow of King James II of England in 1688 (the Glorious
Revolution) affect the American colonies?
4. How did the English Bill of Rights of 1689 limit the power of the king?
5. How did John Lockes Two Treatises of Government (1690) affect America?
Mayflower Compact
On November 21, 1620, after a hard voyage across the storm-tossed Atlantic,
Pilgrim families were still living on their crowded ship, the Mayflower. Quarrels
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broke out among the weary travelers. In order to settle their quarrels, they
decided to draw up a compact, or written agreement, aboard ship; 41 male pas-
sengers signed a document that was later called the Mayflower Compact.
They pledged in the presence of God and one another to join together for
our better ordering and preservation. Furthermore, they agreed to make just
and equal laws . . . for the general good of the colony.
The second English colony in America started with the Pilgrims town of
Plymouth in Massachusetts. The Pilgrims found out right away that they
could not rely upon the laws of far-off England. In the American wilderness,
settlers had to make their own laws for their own benefit.
The Mayflower Compact was another sign that Americans would be a self-
governing people. Even before they settled into houses, the Pilgrims had rec-
ognized that government was crucial to thema government of their own
making.
The colonies were alike in more ways than they were different. All 13
colonies had assemblies like Virginias House of Burgesses. Members of the
assemblies were elected by farmers, tavern keepers, blacksmiths, and other
property-owning men. In effect, they represented and spoke for their neigh-
bors. If a proposed law threatened to injure the voters who elected them,
assembly members would refuse to give their consent to it. In this way, they
prevented governors from acting like tyrants.
Religious Toleration
In the 1600s and 1700s, religious strife troubled Europe. In France, Catholics
persecuted Protestants. Spanish Catholics persecuted anyone suspected of
being Jewish, Protestant, or Muslim. British Protestants banned Catholicism.
In fact, religious freedom was not common in any European country except
Holland.
The situation was different in the American colonies. One reason that
settlers came to the New World was to escape religious persecution in the Old
World. Pennsylvania, for example, was a haven for Quakers, whose religion
was not tolerated in England.
As a practical matter, it made no sense to require all settlers to worship in the
same way. The colonists were a mixed group, coming from all parts of Europe.
There were English Puritans, English Quakers, German Baptists, German Jews,
Dutch Reformed Protestants, Scottish Presbyterians, and many others. The
energy and labor of every group were needed to settle the American wilderness.
Religious faith gave many colonists the courage to face risks and hardships.
George Calvert, the founder of the Maryland colony, was Catholic. He
quickly realized that religious differences should not get in the way of settle-
ment. Calverts government granted freedom of worship to both Protestants
and Catholics.
The founder of the Rhode Island colony, Roger Williams, went even far-
ther. His colonial government extended tolerance to Protestants, Catholics,
Jews, Muslims, and even nonbelievers.
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Not all the colonies were as tolerant as Maryland and Rhode Island. For
many years, the laws of colonial Massachusetts required people to attend only
Puritan churches. Over time, however, Massachusetts too granted religious
freedom to its citizens.
By the year 1750, religious toleration became more common throughout
the colonies. Toleration was important in making America a land of the free.
REVIEW
1. Define or identify: Mayflower Compact, royal colony, proprietary colony,
and corporate colony.
2. How did the Mayflower Compact help make the Pilgrims a self-governing
body?
3. How were colonial governments alike? How were they different?
4. How did the power of the purse help to limit the royal governors power
over their American colonies?
5. How was there more religious freedom in the American colonies than in
most of Europe?
inevitable. On March 23, 1775, the House of Burgesses met to decide whether
to commit troops to fight against British rule. Many representatives held out
hope that war could be avoided. Henry got up and spoke. He noted that the
colonists previous appeals to the British government had all been ignored, and
the colonists had to take armed action to defend their rights. There is no longer
any room for hope, he said. If we wish to be freeif we mean to preserve
inviolate those inestimable privileges for which we have been so long
contendingif we mean not basely to abandon the noble struggle in which we
have been so long engaged, and which we have pledged ourselves never to
abandon until the glorious object of our contest shall be obtained-we must
fight! Henry then concluded his speech with some of the most famous words
ever spoken in history: Is life so dear, or peace so sweet, as to be purchased at
the price of chains and slavery? Forbid it, Almighty God! I know not what course
others may take; but as for me, give me liberty or give me death!
Patrick Henry went on to serve as governor of Virginia in two separate stints
(17761779 and 17841786). He later strongly opposed the U.S. Constitution,
thinking it gave the federal government too much power. Henry supported
adding the Bill of Rights to the Constitution, which alleviated his fears.
In 1795, Henry declined President George Washingtons request to serve as
U.S. Secretary of State. Patrick Henry died in his native Virginia on June 6, 1799.
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First Paragraph
Jefferson began by announcing that the
time had come for the American colonies to
Benjamin Franklin (left), John Adams become a separate nation. The purpose of
(center), and Thomas Jefferson (right) the Declaration was to declare the causes
discuss Jeffersons draft of the for wanting to be independent from
Declaration of Independence. English rule.
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Middle Paragraphs
This paragraph is the most famous. It presents a theory about government and
peoples rights. Governments one function, said Jefferson, is to protect peoples
rights to life, liberty, and the pursuit of happiness. Governments power to
make laws comes from the consent of the governed themselves. If any govern-
ment forgets this fact, then people have a right and a duty to rebel against it. As
Jefferson wrote:
We hold these truths to be self-evident: that all men are created equal;
that they are endowed by their Creator with certain unalienable rights,
that among these are life, liberty, and the pursuit of happiness.
That to secure these rights, governments are instituted among men,
deriving their just powers from the consent of the governed. That,
whenever any form of government becomes destructive of these ends,
it is the right of the people to alter or to abolish it. . . .
Why did some American people think it right to revolt against British
rule? Jefferson explained:
The history of the present King of Great Britain is a history of repeated
injuries and usurpations [seizures of power by illegal means], all having
in direct object the establishment of an absolute tyranny over these
states.
Boston to the town of Lexington. They opened fire on a small troop of armed
farmers, the Minutemen. Marching on to Concord, the British were attacked
by other farmers in the first battle of the American Revolution.)
Conclusion
The last paragraph declared the United States to be a new nation:
We, therefore . . . solemnly publish and declare: that these united colonies
are, and of right ought to be, free and independent states. . . . And for
the support of this declaration, with a firm reliance on the protection of
Divine Providence, we mutually pledge to each other our lives, our for-
tunes, and our sacred honor.
The 56 signers of the declaration risked their lives and fortunes. If their
side had lost the war, they might have been executed as traitors. Instead,
George Washingtons army endured eight hard years of war, 17751783, and
finally prevailed.
REVIEW
1. What did Thomas Jefferson explain was the purpose of the Declaration of
Independence?
2. Why did Jefferson believe the American people were justified in revolting
against British rule?
3. List at least three grievances against King George III that are mentioned in
the Declaration of Independence.
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REVIEW
1. Define: Preamble, due process, domestic tranquility, general welfare, and
liberty.
2. Briefly explain each of the six goals of the U.S. government outlined in the
Preamble of the Constitution.
3. Show how the six purposes of government listed in the Preamble to the
Constitution work together to make the United States a democracy.
CHAPTER 1 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. Government is best defined here as a system for (a) collecting taxes
(b) managing a community or nation and the officials who run that sys-
tem (c) making war (d) building highways and bridges.
2. Politics is best defined as the process of (a) gaining and keeping control of
a government (b) deal making and debate (c) making full use of a nations
resources (d) providing jobs for everyone.
3. A nation cannot exist without (a) a king (b) a legislature (c) sovereignty
(d) free elections.
4. Laws in the American colonies were made by the (a) British Parliament
(b) colonial governor (c) British monarchy (d) colonial assemblies.
5. The significance of the establishment of the Virginia House of Burgesses in
1619 was that it (a) led to our system of checks and balances (b) brought an
end to all conflicts with Native Americans (c) was the first elected assembly
in North America (d) introduced the confederate system of government.
6. Long before the Revolutionary War, Americans had become used to self-
government because (a) royal colonies had disappeared by 1700 (b) their
assemblies used the power of the purse to check the power of colonial
governors (c) Parliament was eager to allow the colonies to run their own
affairs (d) the British monarchy encouraged self-government.
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7. The Magna Carta, the Petition of Right, and the English Bill of Rights
all attempted to (a) limit the power of the English kings (b) extend the
right to vote to all citizens (c) extend full rights to the American colonies
(d) unite England and the American colonies.
8. The ideas of John Locke (a) opposed democracy (b) influenced the
colonists in their struggle against George III (c) supported tyranny
(d) stressed religious toleration.
9. The Declaration of Independence shows the influence of John Locke by
stressing the importance of (a) a strong court system (b) a standing army
(c) colonial assemblies (d) natural rights.
10. Thomas Jefferson states in the Declaration of Independence that the
main purpose of government is to (a) maintain law and order (b) provide
jobs for all (c) protect the peoples rights (d) provide safety for its citizens.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
DOCUMENT 1
DOCUMENT 2
DOCUMENT 3
DOCUMENT 4
Men being, by nature, all free, equal and independent, no one can be put
out of this state and subjected to the political power of another without
his own consent. The only way whereby anyone gives up his natural lib-
erty, and agrees to be bound by the laws of civil society, is by agreeing with
other men to join and unite into a community for their safe and peaceable
living, one amongst the other. . . .
But though men when they enter into society give up the equality, lib-
erty and power they had in the state of nature, into the hands of the
society, . . . it is only with an intention . . . to better preserve themselves,
their liberty, and their property.
John Locke, Two Treatises of Government (1690)
4. According to Locke, what do people gain when they agree to give up their
liberty and be bound by the laws of society?
DOCUMENT 5
We hold these truths to be self-evident: that all men are created equal;
that they are endowed by their Creator with certain unalienable rights;
that among these are life, liberty and the pursuit of happiness.
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Task: Using information from the documents and your knowledge of govern-
ment, write an essay in which you:
show how American government evolved from a tradition that protected
individual rights and liberties
explain how Americans had come to expect that their governments would
have limited power
show how by definition a constitutional democracy protects the peoples
rights and limits governmental power at the same time
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1625 King Charles I 1628 Petition of Right 1658 Death of Oliver Cromwell 1689 Establishment of
takes throne Succession of Cromwell's England's Bill of Rights
son, Richard, Lord 1679 Passage of Act
Protector of Habeas Corpus,
1653 Rump Parliament mandating trial prior
dissolved by Cromwell to imprisonment
10. Create a time line that includes significant events in the development
of American government from 1607 through 1776. Include at least
five events. Provide a title for your time line.
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Chapter 2
The U.S.
Government and
Other Systems
Compared
KEY TERMS
autocracy unitary prohibited
dictator government powers
totalitarian confederate capitalism
government communism
republic
federal socialism
direct
government
democracy democratic
delegated socialism
indirect
powers
democracy privatize
reserved
presidential social
powers
democracy insurance
concurrent
parliamentary
powers
democracy
24
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In 1776, the 13 American colonies formally broke away from Great Britain to
form a new nation, the United States. Although British rule in the colonies grad-
ually became more repressive, Great Britain wasas it is todaygoverned by
a constitutional monarchy and a powerful Parliament, which had one house
composed of elected members. When the framers drafted the Constitution, they
decided against copying the British system. In order to protect the rights of
their citizens and establish freedom, the nations of the world do not need to
have the same, exact political system. This chapter discusses the different
types of political systems that exist in free nations. We will also cover the
types of political systems that have existedand continue to existin coun-
tries that are widely considered repressive and frequently violate the human
rights of their people. A nations economic system may play a large role in
determining its political system. The rest of the chapter will compare the free-
market system with the Socialist and Communist systems.
MA
NH
NY
MA
CT RI
PA NJ
MD
DE
VA
NC
Atlantic Ocean
SC
N
GA Maine was
part of Mass. at W E
this period.
S
Totalitarian Systems
To maintain their power, dictators often try to establish total control over
their nations. They use their power over the government, the armed forces,
and the police to eliminate any opposition and threats to their rule. In the
20th century, dictators such as Adolf Hitler in Germany, Joseph Stalin in the
Soviet Union, and Mao Tse-tung in China demanded more than the passive
acceptance of their citizens. They also wanted their active support and partici-
pation in the system. A political system that establishes total control over
every aspect of life and demands the active participation of its people is called
a totalitarian dictatorship.
During the 1930s and 1940s, Hitler and Stalin used the same methods for
ruling their countries. Free elections and other political parties were outlawed.
The two dictators controlled all media outlets such as radio stations and
newspapers and had them disseminate government propaganda. Millions of
people condemned as enemies, traitors, and subversives were sent to concen-
tration camps, where they died or were murdered.
Fear and terror are key tools of repression in totalitarian nations. The
police and special security services arrest anyone suspected of opposing the
government. Totalitarian societies are also known as police states.
REVIEW
1. Define: autocracy, totalitarian, and dictatorship.
2. What do radio stations and newspapers in totalitarian countries usually
disseminate?
3. What do some dictators require of their citizens?
4. Briefly discuss the means of control used by totalitarian systems.
These prisoners survived a concentration camp in Nazi-occupied Austria during World War II.
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Adolf Hitler
As the head of the National Socialist German Workers Party (Nazi Party),
Adolf Hitler, an unsuccessful artist, World War I veteran, and powerful orator,
stressed extreme nationalism and blamed the Jews, Communists, and other
groups for Germanys defeat in the war and other problems.
In elections for seats in the Reichstag during the 1920s, the Nazi Party
received little support. The Nazi Partys appeal increased substantially with the
arrival of the Great Depression, which increased unemployment and forced
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Cuban Ballot
check box for vote
Castro
Fidel
Fidel Castro
Democracy in Cuba
Right to Vote
In republics, candidates compete to hold office for a specific term through free
elections. In the United States, all persons who are at least 18 years old may
vote in elections. However, in order to reduce the possibility of fraud, people
have to register and have their identities and residencies verified before they
are allowed to vote. Candidates run for executive positions, such as president,
governor, mayor, or county executive, and legislative offices, such as seats in
the U.S. Congress, state legislature, city council, or county board. (Although
most judges are appointed, some on the state and local levels are elected.)
In an election between two major candidates, the candidate who receives
the majority, usually anything more than 50 percent of the vote, is declared the
winner. If there are at least three candidates running, the one who receives the
plurality, or the most votes, wins.
REVIEW
1. What is a republic?
2. Why are some nations that claim to be republics not real republics?
3. Name some of the offices candidates run for.
4. Why is it important to have more than one political party in a free govern-
ment?
Direct Democracy
In one form of democracy, direct democracy, the citizens themselves make
the laws of the state by direct vote. At a certain time of the year, they may
assemble in one large meeting place. Anyone in the gathering may propose a
new law. Then a vote is taken on the proposal. If a majority votes yes, it is
passed. If not, it is rejected. Another change in the law is suggested and voted
upon. Finally, someone proposes that the assembly be adjourned, or dismissed.
The great advantage of this system is that government is clearly in the
hands of the people. In fact, government is the people meeting in assembly.
Such a system, however, is extremely rare in todays world, for two reasons.
First, the national and global issues of our times are extremely compli-
cated. How to address issues such as terrorism, pollution, water and energy
resources, and health care requires months and years of study. People cannot
vote intelligently on dozens of complex issues if they meet for only a week
or two.
Second, most nations of the world have populations that total into the
millions. How can a million or more people conduct business together and
debate laws in the same meeting place?
A famous example of direct democracy was the ancient Greek city-state of
Athens. Between the years 500 and 400 B.C., about 10,000 citizens of Athens
had the right to sit in an outdoor arena and raise their voices for or against
proposed laws.
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Leadership Question
A democracy is direct or indirect depending on who makes the laws. Whether it
is a presidential or parliamentary democracy depends on who is elected to
enforce the laws. As you might guess, a presidential democracy calls its
leader a president. In the second main type, parliamentary democracy, a
prime minister leads the lawmaking group, which is called parliament.
Presidents
Those who wrote the U.S. Constitution rejected the parliamentary system for
choosing top officials. In our system, the head of state is the president. Instead
of being chosen by lawmakers, the president is elected by popular vote, fol-
lowed by a special vote of a group of electors, who come from every state in
the union. Unlike the prime minister, the president has no seat and therefore
no vote in the lawmaking body.
Why is this an important difference? The practical effect is that an elected
president has less power to influence laws than a prime minister. The laws pro-
posed by U.S. presidents are often rejected or changed by the separately
elected lawmakers in Congress. But in the British Parliament, all the prime
ministers ideas for major laws are expected to pass. If just one law fails to pass,
that means that the majority party has turned against its own leader. It is
taken as a sign that the British people have lost confidence in their representa-
tives and their prime minister. At that point, the prime minister and all the
elected lawmakers resign and an election is held. The newly elected House of
Commons then chooses a prime minister to lead a new government.
REVIEW
1. Define: direct democracy and indirect democracy.
2. Why are direct democracies extremely rare in todays world?
3. How are the British and the American systems of government similar, and
how are they different?
4. Why does the American president have less power to influence the passage
of laws than the British prime minister?
of any size may be divided into many regions that are known by different
names: provinces, states, territories, counties, districts, townships, and munic-
ipalities. Should each local unit have the power to make its own laws? Or
should the lawmaking power belong only to the national government?
Here are the ways that three political systems answer these questions:
1. Unitary government. In a unitary system, a strong central government
gives powers to local units. The central government can take these powers
back whenever it chooses.
2. Confederate government. In a confederate system, or confederation,
local governments have far more power than the national government.
3. Federal government. In a federal system, both the national government
and local governments have power to make important laws.
REVIEW
1. Define: unitary government, confederate government, federal government,
autonomy, delegated powers, reserved powers, concurrent powers, and
prohibited powers.
2. For each of the following imaginary newspaper headlines, indicate whether
the power referred to is delegated, reserved, concurrent, or prohibited.
a. New Jersey Governor Pardons Death Row Inmate
b. Congress Approves Tax Cuts Proposed by President
c. Ohio Lowers Legal Marriage Age to 14
d. Nevada Governor Plans to Send National Guard Troops to Iran
e. U.S. Supreme Court Bans Arizonas Attempt to Name Senator Smith
Duke of Phoenix
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Capitalism
A capitalist is someone who believes that all important economic decisions
should be made by individuals and private businesses, not by government.
One of the most famous capitalists in U.S. history was the inventor Thomas
Edison. In the 1870s and 1880s, Edison invested his money (or capital) in a
New Jersey laboratory where new products could be created. No government
encouraged him to open the laboratory or told him to develop an electric
lightbulb or a phonograph.
It was Edisons own decision to risk his money on new products, in the
belief that people would want to buy them. In fact, they did buy Edisons
inventions, and he became rich as a result. But this success was not guaranteed.
Other capitalists of the time lost their money in failing businesses because they
could not sell enough of their products to make a return on their investment.
Capitalism is a system of free enterprise. Anyone who wishes may start a
business by selling goods or services to the public. The owner of the business is
free to decide what shall be sold and at what prices. The owner strives to take
in more money from customers than he or she pays out in wages and other
costs. If the business succeeds, it makes a profit (the sum left over after costs are
subtracted from sales). A business leaders desire for profits is the incentive
that drives every capitalist economy.
Since Edisons time, the capitalist economy of the United States has grown
enormously. In the 21st century, the United States is the worlds largest and
most productive economy. Each year, it churns out goods and services that are
valued in the trillions of dollars.
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Communism
For much of the 20th century, two of the worlds major nations practiced the
economic system known as communism. These nations were the Soviet
Union (now Russia) and China. Other Communist nations were North Korea,
Vietnam, Cuba, and much of Eastern Europe. The dominant idea behind
20th-century communism was that the central government should determine
what goods and services should be produced. Capitalismprivate ownership
and operation of businesseswas outlawed.
In theory, the workers in a Communist country would run the govern-
ment and manage the economy so that everyone would have decent jobs,
education, housing, medical care, and other benefits. In practice, however,
communism proved to be an autocratic, dictatorial system of government.
There were no free, democratic elections. There was only one political party,
which ran the central government. The great mass of people did as they were
ordered to do by this central government. The leaders exercised total, auto-
cratic control of the people through terror and repression.
The Soviet Union and China also attempted to spread communism to
other nations. The period from the late 1940s to the late 1980s was known as
the cold war, because the means used fell short of an overt military conflict.
(Wars on a smaller scale did occur, in Korea, Vietnam, and Afghanistan.) These
communist governments, especially the Soviet Union, spent huge amounts of
money developing and producing conventional and nuclear weapons. They
kept large, combat-ready armies. Western nations, led by United States, armed
themselves against these threats.
In the 1980s and early 1990s, discontent in the Soviet Union and Eastern
Europe grew into antigovernment protests and finally into revolutions. The
Communist governments of the Soviet Union, Poland, Romania, Czechoslo-
vakia, East Germany, and Bulgaria collapsed. They were replaced by more
democratic leaders, who encouraged free enterprise and economic develop-
ment. China did not experience a political revolution. It brutally suppressed
opposition and free expression and jailed those who dared to demonstrate
and speak out. But China did make a major change in its economic policies in
the late 20th century. It began permitting capitalist business activities. Earn-
ing a profit was now permitted. The Chinese economy, which had been stag-
nant for decades, suddenly sprang to life and began to expand rapidly. Instead
of following government orders, people were now able to make their own eco-
nomic decisions. They were free to decide where to live, what to study, and
what kind of work they wanted to do. However, China has continued to con-
trol its newspapers, television, and other publications. Certain religious
groups are forbidden to practice openly, and the government censors unfavor-
able information on the Internet. Public disagreement with most government
policies is often forbidden.
In the 21st century, little remains of the Communist economic policies of
the 20th century. The switch to free-enterprise capitalism has raised the living
standards of millions of people. Russia, China, and Eastern Europe have been
welcomed into the global economic community. They have joined the World
Trade Organization (WTO) and much of Eastern Europe has joined the Euro-
pean Union (EU).
Socialism
Socialism is another type of economic system. Often, in a socialist economy,
there is a mix of capitalist free enterprise and government, or public, ownership
of business. Sweden is an example of a country where privately owned busi-
nesses and publicly owned ones exist side by side. Its economic and political
system is called democratic socialism. For decades in the 20th century, a
socialist political party, the Social Democrats, ran the Swedish government
almost continuously. Under its leadership, some industries, such as automobile
manufacturing, remained privately owned. Others, such as telecommunica-
tions, electric power plants, railroads, airports, and a few banks, were owned and
operated by the government.
In the 1990s, Sweden began to privatize (sell to privately owned busi-
nesses) many of its holdings. This change took place partly because Swedens
economy had slowed down and partly because the Swedish people had voted
in favor of joining the EU, where both economic freedom and wider coopera-
tion among nations are encouraged. (See the EU, page 307.) The Swedish gov-
ernment sold telecommunications, postal, electrical, and financial services to
private investors. Sweden also began to invite foreign companies to invest
money in Swedish industries.
In spite of the economys shift toward capitalism, Sweden retains many
socialist features. The government still pays the operating costs of several
major newspapers, television stations, and radio broadcasting companies.
Moreover, Sweden provides more social insurance (payment of some or all
of the costs of health care, education, and raising families) for its people than
most capitalist countries do. Most Swedish people have good health insurance
coverage. They pay only moderate amounts for doctor visits, medications, and
hospital care.
The government compensates both parents when they stay home from
work to care for a newborn child. Either parent may take a 450-day paid leave
of absence from work for that purpose.
Swedens children have complete health coverage until their eighth birth-
day, and their parents receive a government allowance to care for each child.
Education is free for all children between the ages of seven and 15. The gov-
ernment also finances Swedens universities, so most qualified students can
afford higher education. Adults too have wide educational opportunities. Care
of the elderly who have no one to provide for them is a public responsibility.
The government also gives its older people pensions, inexpensive housing,
and health care.
REVIEW
1. Define: capitalism, communism, socialism, free enterprise, democratic social-
ism, privatize, and social insurance.
2. Why has the desire for profits been called the incentive that drives a capi-
talist economy?
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3. Why did the Communist government of the Soviet Union collapse in the
early 1990s?
4. How did some of Chinas domestic policies change but others remain the
same in the late 20th and early 21st centuries?
5. Briefly explain how the Swedish systems of health, education, and general
welfare differ from those of the United States. Do you think that the United
States could or should attempt to adopt the Swedish systems?
CHAPTER 2 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. Autocrats or dictators (a) govern without legal limits on their power
(b) are responsible to the people (c) must run for reelection (d) inherit
their power.
2. Which could we expect to find in a totalitarian system? (a) secret police
(b) government censorship of the media (c) government control of all
educational institutions (d) all of the above
3. Which of the following represents the will of more than half the people?
A/An (a) plurality (b) oligarchy (c) majority (d) minority
4. The United States became fully democratic only after (a) the Declaration
of Independence was written (b) the right to vote was given to all adult
citizens (c) the slaves were freed (d) George Washington was elected
president
5. Which of the following is the best example of a direct democracy?
(a) United States (b) ancient Athens (c) Great Britain (d) Soviet Union
6. A major difference between the U.S. president and the British prime min-
ister is that the prime minister is (a) elected by a majority of voting citi-
zens (b) an inherited position (c) elected by that nations lawmakers
(d) responsible only to the king or queen
7. Which of the following terms best describes the government of the
United States? (a) federal system (b) unitary system (c) confederacy
(d) parliamentary system
8. The delegated powers are those that the Constitution gives to the
(a) states (b) both the states and the federal government (c) local gov-
ernments (d) federal government
9. An example of concurrent powers would be the power to (a) regulate
marriage and divorce (b) tax (c) declare war (d) print money
10. Under a capitalist system, who decides how many goods and services will
be purchased? (a) the government (b) private companies (c) consumers
(d) an oligarchy
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ESSAY
Write a well-organized essay that includes an introduction, several paragraphs,
and a conclusion discussing the theme below.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task below and write your essay. Essays should include refer-
ences to most of the documents along with additional information based on
your knowledge of government.
Historical Context: During the 16th and 17th centuries, the divine right
theory taught that kings should have absolute power in their countries
(absolute monarchies) because they received their authority from God. Later,
during the Age of Enlightenment, new writers argued in favor of democratic
government where all power came from the people. In the 20th century, vari-
ous dictators have used force to maintain their power.
DOCUMENT 1
We hold these truths to be self-evident: that all men are created equal;
that they are endowed by their Creator with certain unalienable rights;
that among these are life, liberty, and the pursuit of happiness.
Declaration of Independence (1776)
1. What rights does the Declaration state that all men have?
DOCUMENT 2
DOCUMENT 3
DOCUMENT 4
Task: Using information from the above documents and your knowledge of
government, explain how democracies and dictatorships disagree about the
source of political power. Discuss to what degree democracies and dictator-
ships respect the individual rights and liberties of their people.
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A. Use information from the chapter as you copy and complete the chart
below.
Reserved 6. 7.
8.
9.
10.
11. 12. taxation
borrowing money
establishing court
system
B. Using information from the chart, answer the question below. Support
your response with details from the chart, name relevant types of power,
and include examples.
15. Why is it important that state and federal governments not share all
powers?
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UNIT II
THE U.S.
CONSTITUTION
T
he U.S. Constitution, written in 1787, is the blueprint for our
government. Subsequent amendments and Supreme Court
decisions have given the Constitution even more power to help
protect individual rights, freedom, and democracy.
The three chapters in this unit discuss how the Constitution was
drafted, what the Constitution says, and how the Constitution can be
changed. Chapter 3 explains why the founders decided to discard the
Articles of Confederation, which had governed the United States for
close to a decade, and create a stronger central government. You will
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learn about the delegates who played the most important roles in
writing the Constitution, the different ideas that influenced its devel-
opment, and the compromises the delegates made that allowed them
to finish their work and submit a final document to the states for ratifi-
cation.
Chapter 4 explores the Constitutions basic structure, examining
each of its seven articles. The separation of powers among the execu-
tive, legislative, and judicial branches and powers granted to and pro-
hibited by the federal government and the states are covered in detail.
Chapter 5 explains how the Constitution can be changed through
the difficult process of passing an amendment. This chapter covers the
Bill of Rights, the first 10 amendments to the Constitution, and the
subsequent 17 amendments. You will learn about which amendments
have made the Constitution more democratic. This chapter also dis-
cusses how the Constitution can be changed in informal ways such as
through decisions of the Supreme Court.
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Chapter 3
The Making of
the U.S.
Constitution
KEY TERMS
Articles of New Jersey ratification
Confederation Plan Federalists
Shays Rebellion Great Antifederalists
Constitutional Compromise
Bill of Rights
Convention Three-fifths
Virginia Plan Compromise
49
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Articles of Confederation
The Articles of Confederation stated the following:
1. Each state was to keep its sovereignty, freedom, and independence.
2. All states pledged to enter into a firm league of friendship and to assist
one another if threatened by foreign armies.
3. Delegates from each state would meet together as a United States Congress.
4. A state could send as many as seven delegates to Congress. But the state
delegation (group of delegates) had to vote as a single unit. (For example,
the seven delegates from Pennsylvania could cast only one vote for or
against a proposed law.)
5. No state could go to war unless Congress consented to it.
6. States were to pay what taxes they could into a common treasury. Money
collected in this way would be used to pay Congresss expenses.
7. A committee of Congress could elect a president for a term of one year. But
this president had no real power.
8. Any change in the Articles of Confederation had to be approved by all 13
state legislatures.
Shays Rebellion
In 1786, a violent revolt shook the faith of many Americans in the ability of
their young nation to survive. In western Massachusetts, many poor farmers,
unable to pay state taxes, faced the loss of their farms and debtors prison. A
small group of farmers led by Daniel Shays, a former officer in the Revolutionary
War, violently rebelled. Since the Articles did not give Congress any real power,
it was unable to take any action against the rebels. The Massachusetts state mili-
tia eventually suppressed Shays Rebellion in 1787. (Shays and the other leaders
of the rebellion were sentenced to death, but were later pardoned.)
REVIEW
1. Define or identify: the Articles of Confederation and Shays Rebellion.
2. Briefly list three weaknesses of the Articles of Confederation.
3. How did Shays Rebellion show the need for a stronger national govern-
ment?
4. What led Congress to invite delegates from the 13 states to a convention
that would discuss revising the Articles?
Virginia Plan
How could the national government be strengthened without destroying the
independence of the states? The major ideas of Madisons Virginia Plan
were:
1. a legislature consisting of two houses
2. members of one of the legislative houses would be elected by the people
3. members of the second house would be elected by the first house
4. an executive (or president) with real power to enforce the laws
5. a system of courts for interpreting Congresss laws
In effect, the Virginians proposed that a new government take the place of
the old one. They did not openly say that the Articles of Confederation should
be scrapped, but that is what they intended.
REVIEW
1. Define or identify: Constitutional Convention, Virginia Plan, and New Jersey
Plan.
2. Why were many of the delegates willing to set aside some of their interests?
3. Briefly list what you believe to be the three most important provisions of
the Virginia Plan and explain how each provision you have chosen was
intended to strengthen the national government.
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4. Why did William Paterson object to the Virginia Plan? How did the New
Jersey Plan propose to protect the interests of the small states?
Legislature
Compromise on Slavery
After the Great Compromise, another conflict divided the convention. North-
ern delegates clashed with Southern delegates over slavery. In 1787, both
Northern and Southern states had black slaves. In the Southern states, slavery
was more common and crucial to their economies, which centered on farming.
Some Northern delegates called for an end to importing slaves from Africa. The
Southern delegates opposed this proposal.
One delegate from South Carolina wanted to insert a clause in the new
constitution that prohibited Congress from interfering with the slave trade.
Many Northern delegates rejected it.
The convention agreed to another compromise. The delegates agreed that
Congress could not pass any laws affecting slavery until 1808.
REVIEW
1. Define or identify: Great Compromise and the Three-fifths Compromise.
2. Explain Roger Shermans ideas for compromise between the views of the
large and small states.
3. Explain how Northern and Southern delegates disagreed about the practice
of importing slaves from Africa and the compromise that resolved the
dispute.
4. How and why did the Northern and Southern delegates disagree about the
way slaves should be counted? Explain how the Three-fifths Compromise
resolved the dispute over counting slaves.
5. Why did many of the delegates sign the Constitution even though they
still had some doubts?
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Federalists
For months, American newspapers carried weighty arguments both for and
against the Constitution. Supporters of the new plan called themselves Feder-
alists. Their leaders included the influential Benjamin Franklin and George
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Washington. Three other leaders, James Madison, John Jay, and Alexander
Hamilton, forcefully presented their arguments in defense of the Constitution
in a series of essays. These essays were collected and published in book form as
the Federalist Papers. Many historians credit the Federalist Papers with turning
the tide of public opinion in favor of ratification for the new Constitution.
By the end of the year, the Federalists had won victories in three states.
Delegates to Delawares convention voted unanimously to ratify the Constitu-
tion. Pennsylvania and New Jersey followed quickly with approving votes.
Life
Rights
Liberty
Antifederalists
Starting in 1788, opponents of the Constitution began fighting the Federalist
campaign. They were known as Antifederalists. They also had famous leaders
to influence public opinion. In Virginia, they cheered the Antifederalist speeches
of Patrick Henry. In New York, they hoped their strong-willed governor, George
Clinton, could overcome the arguments of the youthful Alexander Hamilton.
Antifederalist writers and speakers distrusted the Constitution. They said
it gave too much power to the national government. They warned that the
independence of the states would soon be lost. Even worse, there were no
guarantees in the Constitution about the rights of citizens.
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Ratification
Once again, a compromise saved the Constitution from defeat. In the ratifying
convention in Massachusetts, Federalist delegates promised to add a bill of
rights. They would do it, they said, as soon as the Constitution was adopted. The
Federalist promise alleviated some of the fears of the Antifederalists. In February
1788, Massachusetts voted for ratification by a thin majority, 187 to 168.
After this key victory, Federalists in other states had an easier time. By July
1788, ten of the 13 states had approved the Constitution, creating a new
national government.
REVIEW
1. Define or identify: ratification, Federalist, Alexander Hamilton, Federalist
Papers, Antifederalist, and Bill of Rights.
2. Explain the rules required for the ratification of the Constitution.
3. Briefly discuss the role played by the Federalist Papers in the ratification of
the new constitution.
4. Why did the Antifederalists oppose the Constitution?
5. Why was the Bill of Rights added to the Constitution, and how did it
alleviate the fears and objections that the Antifederalists had about the
Constitution?
CHAPTER 3 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. A major weakness of the U.S. government under the Articles of Confeder-
ation was that (a) Congress remained as the lawmaking body (b) immi-
gration declined rapidly (c) the South attempted to secede (d) the states
were much stronger than the national government.
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ESSAY
Write a well-organized essay that includes an introduction, several para-
graphs, and a conclusion discussing the theme below.
Task: Choose one area of conflict between interest groups at the convention.
Explain the positions of both the differing groups and show how the conflict
was resolved through compromise. In answering the question you may wish
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Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of government.
DOCUMENT 1
I need not take much pain to show, that the principles of this Constitu-
tion are extremely dangerous. . . . Is giving up our freedom an action
worthy of free men?
Our main concern should be to protect our rights and liberties! After all
is said and done, the primary purpose of our government is to secure
and protect the unalienable rights of our people.
I declare that if all the other citizens in our land adopted this Constitu-
tion, I would still . . . reject it!
Patrick Henry (1788)
1. Why does Patrick Henry oppose the ratification of the Constitution?
DOCUMENT 2
While I have never opposed a bill of rights, I have never really sup-
ported one either. The addition of a separate bill of rights is not really
necessary, as the Constitution already protects individual rights and
liberties. The system of checks and balances, which we have adopted,
gives great protection for the people against abuses of power by the
government.
James Madison, letter to Thomas Jefferson, 1788
2. Explain why Madison does not feel that the addition of a Bill of Rights is as
important as some others believe it is.
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DOCUMENT 3
The establishment of the writ of habeas corpus [a legal action that allows
a person to seek relief in the courts against arbitrary punishment by the
authorities], the prohibition of ex post facto laws [which punish people
retroactively for committing acts that were not against any law at the
time], and of titles of nobility . . . are perhaps greater securities to lib-
erty and republicanism than any [the Constitution] contains. The cre-
ation of crimes after the commissions of the fact, or in other words, the
subjecting of men to punishment for things which, when they were
done, were breaches of no law, and the practice of arbitrary imprison-
ments, have been, in all ages, the favorite and most formidable instru-
ments of tyranny.
Alexander Hamilton, Federalist No. 84 (1788)
3. How does Hamilton believe the Constitution protects liberty despite not
having a bill of rights?
Task: Using information from the documents and your knowledge of govern-
ment, write an essay in which you compare or contrast the different view-
points about the addition of the Bill of Rights to the Constitution. Discuss the
role that the addition of the Bill of Rights played in the ratification of the U.S.
Constitution.
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You can better understand, analyze, evaluate, and remember what you read
through identifying the main idea of each paragraph. In your writing, a clear
main idea and strong supporting details will help make your paragraphs
clear and interesting. Your intent in writing will be quickly understood by
readers.
To identify the main idea of a paragraph, think about the umbrella state-
ment that covers all the ideas in the paragraph. Ask yourself: What is the big
statement? What is the major point the author wishes to make? What is the key
idea? Which idea is supported by all the details in the paragraph?
Some main ideas are explicit. They are stated directly in the paragraph
often, but not always, in the first sentence. Other main ideas are implicit; they
are not stated directly. You must think about all the details and then deter-
mine the biggest, most important idea in the paragraph.
A. Read each paragraph below. Then answer the questions that follow.
Paragraph 1
There were three main responses from the founders regarding Shays
Rebellion. George Washington stated that the force of government
should be utilized if, after hearing the rebels grievances, it was deter-
mined that the grievances were not true grievances. Samuel Adams
opposed pardoning the rebels, saying that there is a difference between
American colonists rebelling against a tyrannical government and
Shays rebelling against a free government. Thomas Jefferson, by con-
trast, had a favorable view of the rebellion. He commented that a little
rebellion could catalyze healthy government.
Paragraph 2
The Great Compromise was one proposed method for settling differ-
ences among delegates. This idea, proposed by Roger Sherman, called
for two houses of Congress. Overall, Shermans idea was not received
well by the delegates. They debated the issue and finally approved it by
a slight margin. Another area of disagreement among the delegates
related to the method of counting the enslaved in each states popula-
tion. Delegates discussed and debated two diametrically opposed ideas.
Ultimately, they arrived at the Three-fifths Compromise. The delegates
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Chapter 4
Understanding
the Constitution
KEY TERMS
article checks and electoral
amendment balances college
separation of treaty federal
powers impeachment supremacy
legislative elastic clause strict
branch construction
implied powers
executive loose
reserved
branch construction
powers
judicial branch electors
In order to understand how the federal government works and what it can and
cannot do, it is necessary to know what the U.S. Constitution actually states.
This chapter covers the basic structure of the Constitution, specifically the Pre-
amble and seven articles. (The Bill of Rights and subsequent amendments to
the Constitution will be discussed in later chapters.) We then give detailed
attention to important concepts such as separation of powers and checks and
balances. This chapter then discusses the different types of powers authorized
and prohibited to the federal government and the states. Finally, we end with
contrasting philosophies about how the Constitution is interpreted.
Preamble
The Preamble to the Constitution states that the purposes of the national gov-
ernment are to form a more perfect Union, establish justice, insure domestic
tranquility, provide for the common defense, promote the general welfare,
and secure the blessings of liberty to ourselves and our posterity [people living
at the time and future generations].
Seven Articles
An article is a major section of a document. After the Preamble, the Consti-
tution is divided into seven articles, which explain each branch of the federal
government and defines their powers and duties:
Article I establishes the two houses of Congress: the House of Representa-
tives and the Senate.
Article II explains the powers of the president and describes the unusual
system for electing the president.
Article III establishes the Supreme Court, other federal courts, and explains
the cases of law that they may judge.
Article IV governs the relations among the states. It guarantees to each state
a republican form of government. It also describes the process for admitting
new states into the Union.
Article V explains how the Constitution may be amended, or changed.
Article VI declares that the Constitution shall be the supreme law of the land.
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Article VII explains that 9 of the original 13 states must ratify the Constitu-
tion before it can take effect as the supreme law.
Twenty-seven Amendments
The development of the Constitution did not end in Philadelphia in 1787. It has
continued to our own times through the amendment process. There are 27
amendments that were subsequently added. An amendment is an article or
portion of an article added to a document after it has been written and accepted.
For example, an amendment approved in 1865 ended the practice of slav-
ery. Another amendment, adopted in 1920, guaranteed women the right to
vote. We will study these and other amendments in later chapters.
REVIEW
1. Define: article and amendment.
2. Using your own words, list the six goals of government outlined in the Pre-
amble of the Constitution.
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Separation of Powers
The framers of the Constitution feared a national government that might
abuse its power and destroy liberty. To avoid this danger, they incorporated an
idea proposed by the French philosopher Montesquieu (16891755). In his
book, The Spirit of the Laws, Montesquieu proposed that the functions of a
republic should be divided into three separate branches, the executive, legisla-
tive, and judicial. The division of power among three, coequal, interdependent
branches is known as the separation of powers.
Under the Constitution, Congress (the legislative branch) makes the
laws. The president (the executive branch) enforces the laws. The federal
courts (the judicial branch) interprets the laws to ensure that they are con-
sistent with the Constitution.
President Lyndon Johnson signs the 1964 Civil Rights Act into law.
Presidential Appointments
The president may appoint officials to serve in the Cabinet and on the
Supreme Court, but the Senate with a majority vote has to approve them. In
1989, the Senate rejected President George H. W. Bushs appointment of
former Senator John Tower of Texas to serve as the secretary of defense
because of questions relating to his personal character.
Negotiating Treaties
The president has the power to negotiate treaties (agreements) with other
countries, but they must be ratified by the Senate with a two-thirds vote in
order to take effect. The Senate ratified President Ronald Reagans 1987 Inter-
mediate-Range Nuclear Forces Treaty (INF) an agreement with the Soviet
Union that banned intermediate nuclear weapons. In 1920, the Senate refused
to ratify the Treaty of Versailles, which formally ended the war with Germany
and had been negotiated by President Woodrow Wilson. As a result, the
United States never joined the newly created League of Nations.
President Ronald Reagan (left) and Soviet Premier Mikhail Gorbachev shake
hands after signing the 1987 INF Treaty.
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Impeachment
The Constitution gives the House of Representatives the power to impeach all
federal officials in the executive and judicial branches. Impeachment means
formally charging federal officials with official misconduct such as treason,
bribery, abusing the power of their offices, and other offenses. The House
needs a majority vote to approve an article of impeachment. If a federal offi-
cial is successfully impeached, the Constitution specifies that the Senate must
conduct a trial and act as the jury. If a person is convicted of the charges in the
Senate by a two-thirds vote, he or she is immediately removed from office. If
the Senate fails to convict by a two-thirds vote, the person is formally acquit-
ted of the charges and allowed to remain in office. (Once removed, officials
may be indicted on criminal charges in federal or state court, and if found
guilty, fined, imprisoned, or even executed.)
Only 17 people have been impeached in the history of the United States.
In 1804, the House of Representatives impeached John Pickering, a federal
judge in New Hampshire, for drunkenness and issuing unlawful rulings. The
Senate convicted Pickering of the charges by a two-thirds margin, and he was
removed from the First Circuit Court of Appeals.
In 1805, President Thomas Jefferson encouraged his Democratic-
Republican allies in the House of Representatives to impeach Samuel Chase, an
associate justice of the Supreme Court and a Federalist, for making improper
rulings during trials he presided over. Although the House impeached Chase,
he was acquitted by the Senate and remained on the High Court.
In U.S. history, only two presidents have been impeached. In 1868, Presi-
dent Andrew Johnson, a Democrat, was impeached for violating the Tenure of
Office Act by firing Secretary of War Edwin Stanton. The Senate acquitted
Johnson, and he remained in office. In 1999, President Bill Clinton was
impeached for lying under oath in a civil case to cover up an extramarital
affair and obstruction of justice. A sufficient number of senators believed that
Clintons offenses were not serious enough to remove him from office, and
the president was acquitted.
In 1974, President Richard Nixon was facing impeachment for his role in
the Watergate scandal. Realizing that he would be impeached and likely con-
victed by the Senate, Nixon resigned.
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Congressional Oversight
Congress serves an important role by overseeing both the executive and judi-
cial branches. Congress holds hearings and has the power to subpoena wit-
nesses. In 1975, a special Senate committee chaired by Senator Frank Church
of Idaho, a Democrat, revealed that the CIA had engaged in numerous illegal
activities such as plotting to assassinate foreign leaders and overthrowing the
regime of Salvador Allende in Chile. The disclosures led to sweeping reforms
of the nations intelligence services, including the signing of an executive
order by President Gerald Ford outlawing the assassination of foreign leaders.
The list continues with the power to coin and print money and punish
counterfeiters. Congress may establish post offices and build roads. It may
raise an army and provide for a navy. It may declare war. It may set aside a
piece of land not exceeding ten miles square, which shall be developed into
the nations capital city. (Congress later used this power to create the District
of Columbia, or Washington, D.C.)
The list ends with the most important power of all. In Clause 18 (of Article I,
Section 8), Congress is given power to make all laws which shall be necessary
and proper for carrying into execution the foregoing powers. In other words,
because of Clause 18, Congress may carry out its 17 other delegated powers in
any way that it decides is necessary. For example it could order coins to be
made from gold or silver, copper or tin, wood or plastic.
Clause 18, commonly known as the necessary-and-proper clause, is also
known as the elastic clause. It gives Congress the ability to adapt to chang-
ing times. For example, the necessary-and-proper clause has been used to
create a national bank, the Federal Reserve System, the FBI, and the CIA.
When Congress established these agencies, it was using its implied
powers. For example, when Medicare and Medicaid were created in 1965,
Congress was fulfilling its constitutional responsibility to promote the gen-
eral welfare, as well as using the elastic clause.
Concurrent Powers
As we have just seen, the federal system divides the powers of government
between the federal government, with its delegated powers, and the states,
with their reserved powers. The powers that the federal government and the
states share in common are called concurrent powers. For example, both the
federal government and the states have the power to tax and spend, borrow
money, and regulate commerce. The federal government regulates international
and interstate commerce, and the states regulate commerce within their own
borders. In addition, both levels of government maintain their own judicial
systems.
REVIEW
1. Define: separation of powers, legislative branch, executive branch, judicial
branch, checks and balances, impeachment, delegated powers, reserved
powers, implied powers, prohibited powers, and concurrent powers.
2. How does the power to appoint judges give both Congress and the presi-
dent the ability to check or limit the power of the federal courts?
3. How do Congress and the president share in the lawmaking process?
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4. Why did the framers of the Constitution create the system of checks and
balances?
5. Why do many historians believe the elastic clause, or the necessary-and-
proper clause, contains the most important of all Congresss powers?
House Senate
group of officials from the different states shall cast ballots for president. The
citizens, who are known as electors, belong to the Electoral College.
The electoral college votes for a president after the public votes in
November. The electors ballots, when counted in Congress, officially determine
the winner of the election. In a later chapter, you will learn more about the electors.
Federal Supremacy
Article VI of the Constitution states, This Constitution, and the laws of the
United States . . . and all treaties made . . . shall be the supreme law of the
land. . . . This means that the Constitution is higher than state laws and state
court decisions. The Supreme Court has interpreted federal supremacy to
mean that the federal government takes precedence over the states whenever
federal and state laws conflict. Interpreting federal supremacy remains contro-
versial to the present day, with conservatives favoring limited use and liberals
leaning toward wider application.
create the IRS or any other institutions that are needed to help Congress carry
out its constitutional responsibilities.
Every day, lawyers question the meaning of different words and clauses of
the Constitution. It is the Supreme Courts job to settle these questions.
REVIEW
1. Define or identify: electors, federal supremacy, strict construction, loose
construction, and McCulloch v. Maryland.
2. How is the president of the United States selected?
3. How are the strict constructionist and loose constructionist interpretations
of the Constitution different?
4. According to the Constitution, how old must members of the House of
Representatives, senators, presidents, and justices of the Supreme Court be
in order to serve?
5. Arnold Schwarzenegger, who was born in Austria, became governor of Cal-
ifornia in 2003. According to the Constitution, could he serve as president
of the United States?
CHAPTER 4 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The Preamble to the U.S. Constitution (a) explains the system of checks
and balances (b) outlines the major purposes of government (c) estab-
lishes a federal system of government (d) defines the crime of treason.
2. Constitutional amendments (a) must be unanimous (b) are relatively easy
to put in place (c) must be approved by the Supreme Court (d) are addi-
tions to, or changes in, the Constitution.
3. The framers of the Constitution separated the powers of the federal gov-
ernment among three branches (a) to check or limit the governments
power (b) to create more jobs (c) because the French system had done this
(d) to settle differences between the North and South.
4. The judicial branch (a) enforces the law (b) makes the law (c) interprets
the law (d) manages the federal bureaucracy.
5. The elastic clause has (a) been found to be unconstitutional (b) been
generally supported by conservatives (c) helped our government change
with the times (d) never been a source of controversy.
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6. Which powers was Congress using when it approved the creation of agen-
cies like the CIA, FBI, and IRS? (a) prohibited (b) concurrent (c) reserved
(d) implied
7. How can Congress check the misuse of power by the president?
(a) through the process of impeachment and removal from office
(b) through public criticism (c) by preventing the president from running
again (d) by asking the Supreme Court to investigate the president
8. A bill becomes a law when it is (a) passed by the president (b) approved by
both houses of Congress and signed by the president (c) passed by the
Supreme Court (d) approved by a majority of American voters.
9. An important result of the decision of McCulloch v. Maryland was that
(a) the Supreme Court approved the use of the elastic clause (b) the
Supreme Court declared a state law to be unconstitutional (c) slavery was
abolished (d) women received the right to vote.
10. Which of the following aided the growth of the federal governments
power? (a) strict construction (b) the federal supremacy clause (c) the
states rights theory (d) the Antifederalists
ESSAY
Write a well-organized essay that includes an introduction, several paragraphs,
and a conclusion discussing the theme below.
Task: Contrast the views of strict and loose constructionists. Show how the
loose-constructionist view has been used to expand the powers of the federal
government. In answering this question, you may wish to refer to the Supreme
Court decision in McCulloch v. Maryland, the creation of the FBI and CIA, or
any other relevant example of your choosing.
Document-Based Questions
Read and analyze each document and answer the question that follows. Then
read the task and write your essay. Essays should include references to most of
the documents along with additional information based on your knowledge
of U.S. government.
Historical Context: The United States Constitution created a system of checks
and balances based on three separate and equal branches of government. The
writers of the Constitution hoped to prevent misuse of power, thereby protect-
ing democracy and individual liberty.
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DOCUMENT 1
DOCUMENT 2
The judicial power of the United States shall be vested in one Supreme
Court, and in such inferior [lower] courts as the Congress may from
time to time . . . establish.
U.S. Constitution, Article III, Section 1
2. How does the Constitution separate the powers of the United States gov-
ernment?
DOCUMENT 3
DOCUMENT 4
Task: Using information from both the documents and your knowledge of
government, write an essay in which you show how the separation of govern-
mental powers into three individual branches protects democracy. Explain
how the constitutional system of checks and balances protects against misuse
of power.
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A. Study the diagram on page 68, and then answer the questions below.
10. Was the diagram useful in helping you understand the chapter? Are
there other features that might have been added to the diagram to
make it clearer and easier to understand? Explain. Discuss reasons
why you might create diagrams in the future as you read and study.
Include clear examples in your paragraph.
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Chapter 5
Changing the
Constitution
KEY TERMS
amendment Eighteenth Twenty-third
Eleventh Amendment Amendment
Amendment abolitionist Twenty-fourth
Twelfth suffragist Amendment
Amendment woman income tax
Thirteenth suffrage Prohibition
Amendment Nineteenth Twenty-fifth
Fourteenth Amendment Amendment
Amendment Twentieth Twenty-seventh
Fifteenth Amendment Amendment
Amendment Twenty-first
Sixteenth Amendment
Amendment Twenty-second
Seventeenth Amendment
Amendment
Since the Constitution was written in 1787, the United States has grown from
13 to 50 states. It has changed from a nation of farmers and merchants to a
nation of office and factory workers. Americans way of life has also changed
enormously.
More than two centuries later, Americans still recognize the Constitution
as our supreme law. Today, the Constitution still gives us a stable and practi-
cal form of government. How could one form of government last for over two
centuries?
While the Constitution gives the government enough power to preserve
83
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order, it also limits the governments power. Another reason for the Constitu-
tions long life is its flexibility. The framers expected their young country to
grow and change. They made it possible for the Constitution to change as the
nation grew and American society changed.
In this chapter, we will discuss how the Constitution can be changed
and what amendments have made the documentand our countrymore
democratic.
Amendment Process
An amendment may be first proposed by the U.S. Congress and then submit-
ted to state legislatures for their approval, or ratification. Article V requires at
least two-thirds of the members of both houses of Congress to approve an
amendment. Once passed in this manner, three-fourths of the state legisla-
tures must ratify the amendment, and once that happens, it becomes part of
the Constitution.
Article V offers other ways of amending the Constitution. However, they
are more difficult than the usual method. One method is for Congress to pass
an amendment, but instead of sending it to the state legislatures for ratifica-
tion, it is voted on by state conventions. A state convention consists of
delegates elected from different districts of the state. If three-fourths of the state
conventions vote to ratify the amendment, it becomes part of the Constitu-
tion. Such a method has been successfully done once. In 1933, the Twenty-first
Amendment, which repealed Prohibition, was adopted in this manner.
REVIEW
1. Define: amendment.
2. Briefly describe the usual process to amend the Constitution and an alter-
native method.
3. Why did James Madison believe that the Constitution was incomplete?
given the rights to vote and own property. Elizabeth Cady Stanton, who
drafted the Declaration of Sentiments and worked for womens rights until
her death in 1902, was also a prominent abolitionist.
But many white Southerners were outraged by the antislavery ideas of
Northern abolitionists. Conflicting beliefs finally led to war between North
and South. In 1861, 11 states in the South declared that they had withdrawn
from the Union and they set up an independent government. In four years,
Southern soldiers fought Northern soldiers in a civil war that took the lives of
about 620,000 people. The South was defeated in 1865. The U.S. Congress was
then controlled by Northerners who wanted to free all slaves and guarantee
their rights as citizens.
WA
1910 ME
MT ND MA VT NH 1919
1914 1917
OR MN
1912 ID NY RI
SD 1919 WI 1917
1896 WY 1918 1919 MI 1917
1869 1918 CT
NE IA PA
NV 1919 OH NJ
1914 1917 IL IN 1919
UT DE
CA 1870 CO 1913 1919
KS WV VA MD
1911 1893 MO
1912 1919 KY
TN NC
AZ OK 1919
1918 AR
1912 NM 1917 SC
MS AL GA
TX LA
1918
FL
AK
1913
Suffrage
Full
Presidential
HI Primary
taxes had been enacted to keep African Americans, many of whom were poor,
from voting. Democracy advanced one more step with this amendment.
REVIEW
1. Define or identify: Woman suffrage; abolitionist; suffragists; Susan B.
Anthony; Thirteenth, Fourteenth, Fifteenth amendments; Seventeenth
Amendment; Nineteenth Amendment; Twenty-third Amendment; and
Twenty-fourth Amendment.
2. Briefly explain how each of the civil rights amendments attempted to
extend the rights of African Americans.
3. What further protections are contained in the Fourteenth Amendment?
4. How did women finally achieve the right to vote?
5. How and why was suffrage extended to 18-year-olds?
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What does the photo suggest about taxes and individual savings?
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only if the amount of taxes collected from each state was proportional to the
states population.
This method was not fair to people of the poorer states. Therefore, for
many years, no income tax was collected under the terms of the original Con-
stitution.
Finally, in 1913, the Constitution was amended to allow Congress to col-
lect an income tax. The Sixteenth Amendment reads, Congress shall have
power to lay and collect taxes on incomes, from whatever source derived,
without apportionment among the several states. . . . Because of these words,
over $1 trillion is collected by the U.S. Treasury from taxpayers every year.
two terms. A few Americans worried that some future president might hold
office permanently and thus become a kind of dictator. Others wanted the
Constitution changed for reasons of party politics. Many Republican politi-
cians disliked seeing the White House occupied for so many years by a popular
Democrat. In 1951, the Twenty-second Amendment was ratified. It says
that no one can be elected president more than twice. The amendment, how-
ever, backfired on Republicans. In 1960, President Dwight Eisenhower, a pop-
ular Republican, was barred from running for a third term.
Incapacitation
In November 1963, President John Kennedy was assassinated. People won-
dered what might have happened if Kennedy had simply been incapacitated
and unable to carry out his duties and responsibilities. Who would then have
carried on the duties of president? Under Kennedys successor, Lyndon Johnson,
the Twenty-fifth Amendment was ratified in 1967. It describes in detail a
Outgoing President Herbert Hoover (left) rides with incoming President Franklin
Delano Roosevelt (right) on March 4, 1933, the last time a newly elected president
would be inaugurated in March.
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REVIEW
1. Define or identify: Eleventh Amendment, Twelfth Amendment, income tax,
Sixteenth Amendment, Eighteenth Amendment, Twentieth Amendment,
Twenty-first Amendment, Twenty-second Amendment, Twenty-fifth Amend-
ment, and Twenty-seventh Amendment.
2. How did the introduction of the income tax make possible the huge
growth of the federal government in the 20th century?
3. Explain the crisis that led to the adoption of the Twelfth Amendment. How
did the Twelfth Amendment correct flaws in the electoral college?
4. Why and how are limits placed on the numbers of terms a president may
hold office?
5. Why and how was the Eighteenth Amendment repealed?
a Cabinet of top officials. The presidents after him followed his example. Today,
holding Cabinet meetings is just as much a habit as holding presidential elec-
tions every four years. Here are other examples of informal changes:
Congress now uses committees to consider different types of bills.
Whenever there is a crisis, the president is expected to speak to the nation
about it in a special address on radio and television.
Every four years, political parties hold conventions to nominate candidates
for president and vice president.
The Constitution says nothing about Cabinet meetings, congressional
committees, televised speeches to the nation, or political parties. Yet they are
now a popular part of our system of government. The Constitution does not
forbid these or other habits of our political life. So they may continue to exist
as long as they are needed.
REVIEW
CHAPTER 5 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. One important result of the complicated system of amending the
Constitution is that (a) many unwanted amendments are approved (b)
some amendments are declared unconstitutional (c) only changes that
have overwhelming support are approved (d) many amendments are
repealed.
2. James Madison agreed to add the Bill of Rights to the Constitution
because (a) the New England states threatened to secede (b) more guaran-
tees of personal liberty were needed (c) the Supreme Court asked him to
do so (d) another Shays Rebellion had to be prevented.
3. The civil rights amendments to the Constitution were written to guaran-
tee the rights of (a) ex-slaves (b) the handicapped (c) women (d) immi-
grants.
4. How did women finally achieve the right to vote? Through a/an (a) law of
Congress (b) Supreme Court decision (c) executive order of the president
(d) constitutional amendment.
5. Which major event helped 18-year-olds gain the right to vote?
(a) World War II (b) the Civil War (c) the civil rights movement (d) the
Vietnam War
6. Why was the number of presidential terms eventually limited to two? (a)
to weaken the system of checks and balances (b) to meet the challenges of
the cold war (c) to prevent possible abuse of power (d) to strengthen third
parties
7. Why was Prohibition finally repealed? (a) Its failure increased widespread
disrespect for the law. (b) The Democrats were defeated in Congress. (c)
The liquor industry was successful in putting pressure on Congress. (d)
Protests by the Western states succeeded.
8. The Constitution may be changed formally by (a) congressional practice
(b) amendments (c) a presidential order (d) a Supreme Court decision.
9. Which of the following best helps our government adapt to changing
times? (a) the separation of powers (b) the use of concurrent powers (c)
Supreme Court decisions (d) the system of checks and balances
10. How many amendments were added to the Constitution since its ratifica-
tion? (a) ten (b) none (c) twenty-seven (d) forty
ESSAY
Write a well-organized essay that includes an introduction, several paragraphs,
and a conclusion discussing the following theme.
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Task: Propose one amendment that would make our government more
democratic. Explain how or why your amendment makes our government
more democratic. Propose one amendment that would make our government
more efficient. Explain how or why your amendment makes our government more
efficient.
In writing your essay you may refer to any of todays controversies such as gay
marriage, abortion, the rights of minorities, the death penalty, national secu-
rity, or any other you choose.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
DOCUMENT 1
DOCUMENT 2
2. How did the Fourteenth Amendment attempt to expand the rights of the
former slaves?
DOCUMENT 3
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.
Nineteenth Amendment (1920)
3. How did the Nineteenth Amendment attempt to extend equality to
women?
DOCUMENT 4
The right of citizens of the United States to vote in any primary or other
election for president or vice-president . . . shall not be denied . . . by
reason of failure to pay any poll tax or other tax.
Twenty-fourth Amendment (1964)
4. How did the Twenty-fourth Amendment attempt to protect the rights of
poor people and minorities?
DOCUMENT 5
The right of citizens of the United States, who are eighteen years of age
or older, to vote shall not be denied or abridged by the United States or
by any state on account of age.
Twenty-sixth Amendment (1971)
5. How did the Twenty-sixth Amendment expand the rights of younger
persons?
Task: Using the documents above and other amendments and your knowledge
of government, write an essay that shows how the amending process has
brought about important social change. Evaluate the extent to which amend-
ments have helped our Constitution keep up with changing times.
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A. Study the map on page 89. Then answer the following questions.
UNIT III
THE PRESIDENT
T
he president is widely seen as the leader of the United States.
According to the Constitution, however, the president is only
one-third of the federal government.
Chapter 6 discusses how a president is elected. To win their partys
nomination, presidential candidates compete in primaries. To be elected
president, a candidate today needs at least 270 votes in the electoral
college. You will learn what characteristics candidates need in order to
become president. The role of the vice president is also discussed, along
with how an incapacitated president can be replaced.
Chapter 7 covers the presidents duties and responsibilities. As the
head of the executive branch, the president must appoint people to run
the 15 different departments in his or her Cabinet and lesser agencies.
You will learn what powers and specific responsibilities the Constitu-
tion gives the president, such as granting pardons, nominating federal
42389 101-150 r6sp.qxp 12/23/09 9:07 PM Page 102
Chapter 6
Electing a
President
KEY TERMS
electoral vote plurality Inauguration
electoral state Day
college system primaries line of
popular vote succession
Election Day
The United States has a presidential election every four years. How do the
major parties settle on one candidate? What do credible candidates for presi-
dent need? This chapter discusses how the electoral college, which is estab-
lished by the Constitution, elects a president, and how a president is chosen if
no candidate gets the required majority of electoral votes. This chapter also
covers the important role of the vice president, who is expected to assume the
office if the president dies or becomes incapacitated.
Electoral College
Here is how the electoral college system elects a president for us every four
years.
103
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Washington MA VT NH
Territory 13 5 5 ME
Unorg 8
OR Territory MN
3 4 NY RI
WI 4
Nebraska MI 35
5 CT
Territory 6
IA PA 6
4 OH 27
Utah IL IN NJ
CA Territory 11 13 23 R-4 ND-3
Kansas VA DE
4 MO KY 15
Territory 9 12 3
NC MD
New Mexico Unorg TN 12 10 8
Territory AR SC
Territory
4 AL GA 8
MS
9 10
TX 7
LA
4 6
FL
3
Republican (Lincoln), 180
Election of 1992. Bill Clinton became the first Democratic president since
Jimmy Carter, ousting President George H. W. Bush, whose postDesert
Storm popularity was eroded by an economic recession. Ross Perot, an
independent candidate, won 19 percent of the popular vote, but failed to win
a single electoral vote. (See map below.) Clinton won only 43 percent of the
popular vote, the lowest percentage for a winner since Richard Nixon in 1968.
1992 Electoral College Votes
WA MA VT NH
11 12 3 4 ME
MT ND
3 4
OR 3 RI
ID MN
7 SD 10 WI NY 4
4 11 MI 33 CT
WY 3
3 18 8
IA PA
NE 7 23 NJ
NV 5 IL IN OH
15
CA
4 UT
CO 22 12 21 WV VA DE
5 KS 5 13
54 8 MO KY 3
6 11 8 MD
NC
TN 14 10
AZ OK 11 Washington
NM 8 AR SC
8 5 6 D.C.
MS AL GA 8 3
7 9 13
TX LA
32 9
FL
AK 25
3
Election of 2000. A close vote in Florida kept the race between George W.
Bush, the Republican, and Vice President Al Gore, the Democrat, unresolved
until December. The U.S. Supreme Court, by a 54 margin in Bush v. Gore,
ordered the Florida recount to stop, giving Bush the states electoral votes and
the presidency. Gore narrowly won the popular vote.
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Election workers in Florida attempt to recount ballots in the 2000 presidential election.
WA MA VT NH
11 12 3 4 ME
MT ND
3 4
OR 3 RI
ID MN
7 SD 10 WI NY 4
4 10 MI 31 CT
WY 3
3 17 7
IA PA
NE 7 21 NJ
NV 5 IL IN OH
15
CA
5 UT
CO 21 11 20 WV VA DE
5 KS 5 13
55 9 MO KY 3
6 11 8 MD
NC
TN 15 10
AZ OK 11 Washington
NM 7 AR SC
10 5 6 D.C.
MS AL GA 8 3
6 9 15
TX LA
34 9
FL
AK 27
3
REVIEW
1. Define: electoral college system, popular vote, and electoral vote.
2. Briefly explain how the electoral college works.
3. What rules apply if no presidential candidate receives a majority of the
electoral vote?
4. Why did the framers of the Constitution create the electoral college instead
of allowing American citizens to vote for the president directly?
5. What are some criticisms of the electoral college?
Dwight Eisenhower (standing in back seat of car) campaigns for the presidency in
1952.
2008 was a historic year in American politics for two reasons. For the first
time a woman made history by emerging as a leading candidate for a major
political partys presidential nomination: New York Senator Hillary Clinton.
Also for the first time, an African-American candidate, Illinois Senator Barack
Obama, also emerged as a leading candidate. The race between the two was so
close leading up to the Democratic National Convention in August that con-
cerns were raised that the superdelegates (designated, unpledged party officials
who hold significant influence within the party) would cast the decisive bal-
lots. Obama defused those worries by winning a majority of both pledged del-
egates and superdelegates.
What is the cartoonist saying about the long and bitter fight in
2008 for the Democratic nomination between Barack Obama
and Hillary Clinton?
REVIEW
1. List the seven characteristics of successful presidential candidates in
what you believe is the order of importance and explain why they are
important.
Inaugurating a President
There are 11 weeks between the presidential election and the inauguration.
This period starts in November of an even-numbered year divisible by 4 (for
example, 2004, 2008, 2012, but not 2010) and ends on Inauguration Day, Jan-
uary 20 of the next year (2005, 2009, 2013). By law, Election Day takes place
on the Tuesday that follows the first Monday in November. The running
mates who win the popular election are known as the president-elect and the
vice presidentelect. They have no official duties, however, until the inaugura-
tion. During this time, the president-elect is busy, considering Cabinet mem-
bers and public policy initiatives for the new term.
From November to January, the president remains the same as before the
election. On Inauguration Day, the new president takes over. The day is
filled with fanfare and ceremony. Immense crowds gather outside the Capitol.
On a decorated platform, the chief justice of the United States stands and faces
the president-elect. Microphones, television cameras, and loudspeakers broad-
cast the new presidents words to the American people and to people around
the world: I do solemnly swear that I will faithfully execute the office of Presi-
dent of the United States, and will, to the best of my ability, preserve, protect,
and defend the Constitution of the United States.
When the applause stops, the new president makes a speech to the nation
known as the inaugural address. For the rest of the afternoon, marching bands
and floats parade down Pennsylvania Avenue in honor of the inaugurated
president.
Two-Term Limit
The new president on Inauguration Day may or may not be different from
the old one. Bill Clinton took over from himself on Inauguration Day in 1997.
Every president is allowed to serve a second term, provided of course that he
or she wins reelection.
The Twenty-second Amendment to the Constitution says that no person
may be elected to the office of president more than twice. The amendment
went into effect in 1951. Since January 1951, four presidentsDwight Eisen-
hower, Ronald Reagan, Bill Clinton, and George W. Bushhave been in office
for two full terms (eight years). Franklin D. Roosevelt was elected to four
terms, but that was before the Twenty-second Amendment was adopted.
1. Vice President
4. Secretary of State
6. Secretary of Defense
7. Attorney General
9. Secretary of Agriculture
Impeachment
In 1868, the House impeached President Andrew Johnson for defying a law of
Congress. The Senate, however, acquitted him by one vote.
The impeachment processor its threatmay lead to the removal of a pres-
ident. In 1974, the House Judiciary Committee recommended that President
Richard Nixon be impeached for covering up the Watergate scandal and abus-
ing his power. Realizing he would be impeached and then convicted by the Sen-
ate, Nixon decided to resign. Vice President Gerald Ford then became president.
In 1998, the House impeached President Bill Clinton for perjury and
obstruction of justice. The president was acquitted because the Senate did not
have the votes needed to remove him from office.
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Incapacitation
What if the president became physically or mentally incapacitated and
unable to carry out his or her duties? On July 2, 1881, President James Garfield
was seriously wounded by a gunman in an assassination attempt. Garfields
condition continued to deteriorate before he finally died on September 19,
1881, allowing Vice President Chester A. Arthur to become president. In 1919,
President Woodrow Wilson suffered a stroke, which left him physically dimin-
ished for months. The presidents condition was kept from the publicand
even the vice presidentand Wilsons wife helped discharge the duties of the
office.
The Twenty-fifth Amendment, adopted in 1967, spells out procedures for
replacing a president who becomes too sick to exercise the duties of the office.
If the president becomes incapacitated, the vice president meets with the pres-
idents Cabinet. If a majority agrees that the president is disabled, they inform
Congress in writing. The vice president immediately begins serving as presi-
dent. But the vice president is only the acting president. He or she cannot
become the official president unless the president dies.
At times, the president may temporarily transfer presidential authority to
the vice president. For example, in 1985, President Ronald Reagan underwent
surgery to remove a cancerous tumor from his colon. Before the operation,
Reagan formally transferred presidential authority to Vice President George
H. W. Bush. If an emergency requiring immediate presidential action took
place while Reagan was undergoing surgery, Bush could take the necessary
action as acting president. When Reagan fully regained his faculties after the
operation, he automatically took back his authority as president.
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REVIEW
1. Define: inaugural address and line of succession.
2. What are the vice presidents main duties?
3. Who would become president if both the president and vice president were
killed?
4. Describe how the vice president can become acting president if the
president becomes incapacitated.
CHAPTER 6 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. In order to be elected president, a candidate must (a) receive a majority of
the popular vote (b) be approved by the House of Representatives
(c) belong to one of the major parties (d) receive a majority of the elec-
toral vote.
2. Which of the following can happen under the electoral college system? It
is possible for a candidate to be elected president (a) with just a plurality
of the electoral vote (b) without a majority of the popular vote (c) with
the least number of electoral votes (d) if the House of Representatives
awards him or her disputed electoral votes.
3. In case of a tie in the electoral college, the election is resolved by a
(a) recount (b) vote in the House of Representatives (c) completely new
election (d) run-off election.
4. In order to be nominated for president, a candidate must (a) win a major-
ity of his or her partys convention delegates (b) be a war hero (c) be a suc-
cessful governor (d) campaign in primary elections.
5. The first presidential primary in the nation is held in the state of (a) Alaska
(b) Iowa (c) New Hampshire (d) California.
6. A number of presidents who have never held elective office have been
(a) generals (b) business leaders (c) religious leaders (d) journalists.
7. Which amendment allows the vice president to assume the presidency in
case the president becomes incapacitated? (a) First (b) Tenth (c) Twenty-
second (d) Twenty-fifth
8. A newly elected president officially begins his or her term (a) on the day
after Election Day (b) on the day after the electoral college meets (c) on
Inauguration Day (d) as soon as the election results become official.
9. The vice president also serves as president of the (a) United States
(b) Supreme Court (c) House of Representatives (d) U.S. Senate.
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ESSAY
Write a well-organized essay that includes an introduction, several para-
graphs, and a conclusion discussing how a candidate gets elected president. Be
sure to cite examples from history in your answer.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. history.
Historical Context: Many people in the United States believe the electoral
college is undemocratic and unnecessary and should be abolished. However,
other people believe that the electoral college continues to serve a useful
purpose.
DOCUMENT 1
Since the passage of the twelfth amendment of the United States Con-
stitution in 1804, there have been hundreds of attempts to radically
change the electoral college system of electing the President and Vice
President. . . . There are some very good reasons why the electoral col-
lege system has not been changed and should not be changed, and this
reasoning is as sound today as ever.
. . . Protecting the Constitution is among our most important respon-
sibilities. It should not be taken lightly. The Constitution should only
be amended as a last resort to resolve a pressing national dilemma. The
idea of amending the Constitution and abolishing or reforming the
electoral college has been illegitimately considered in many previous
sessions of Congress. A careful review of the record reveals that propos-
als before us today are not much different from proposals that have
been considered and rejected by previous Congresses for many good
reasons.
As an initial consideration we must ask what is the pressing national
dilemma that can only be cured by changing the Constitution? The
central argument of direct election proponents is that without direct
elections, we run the risk of electing Presidents that, despite getting
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more popular votes than their opponents, lose the election because
their opponent wins more electoral votes. I am not convinced that this
minority President concerned is all the problem it is made out to be.
First, our national government is a federalist system composed of States
and the District of Columbia. With our current system candidates seek-
ing national office must address the needs of these States consistent
with the manner in which our government is organized. Any change in
this system would lead to significant decline in our federalism and in
the sovereignty of the States.
Rep. Robert C. Scott, Democrat of Virginia, meeting of the House
Subcommittee on the Constitution, September 4, 1997
1. Why does Congressman Scott support the electoral college?
DOCUMENT 2
The main problem with the Electoral College is that it builds into every
election the possibility, which has been a reality three times since the
Civil War, that the president will be a candidate who lost the popular
vote. This shocks people in other nations who have been taught to look
upon the United States as the worlds oldest democracy. The Electoral
College also heavily favors small states. . . .
The majority does not rule and every vote is not equalthose are rea-
sons enough for scrapping the system. But there are other conse-
quences as well. This election has been making clear how the Electoral
College distorts presidential campaigns. A few swing states take on
oversized importance, leading the candidates to focus their attention,
money and promises on a small slice of the electorate.
New York Times editorial, Making Votes Count;
Abolish the Electoral College, August 29, 2004
2. Why does the New York Times believe that the electoral college should be
abolished?
DOCUMENT 3
James Madisons famous Federalist No. 10 makes clear that the Founders
fashioned a republic, not a pure democracy. To be sure, they knew that
the consent of the governed was the ultimate basis of government, but
the Founders denied that such consent could be reduced to simple
majority or plurality rule. In fact, nothing could be more alien to the
spirit of American constitutionalism than equating democracy with the
direct, unrefined will of the people.
Recall the ways our constitution puts limits on any unchecked power,
including the arbitrary will of the people. Power at the national level
is divided among the three branches, each reflecting a different
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DOCUMENT 4
We are a very different country than we were 200 years ago. I believe
strongly that in a democracy, we should respect the will of the people
and to me, that means its time to do away with the Electoral College
and move to the popular election of our president.
Senator-elect and First Lady Hillary Clinton,
November 17, 2000
4. What argument does Hillary Clinton make against the electoral college?
Task: Using the documents above and your knowledge of U.S. government,
write an essay that discusses the merits and disadvantages of the electoral col-
lege system of electing a president.
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A. Read the information below. Then answer the questions about the
graph.
3 $310.5
Dollars (Millions)
$282.0
Contributions
$259.8
$188.9
2 $219.9
$217.8
$189.6
198052.6% 199649.1%
198453.1% 200051.3%
198850.2% 200455.3%
199255.2%
Chapter 7
The Presidents
Duties and
Responsibilities
KEY TERMS
chief executive amnesty Executive Office
commander in filibuster of the President
chief chief of state budget
state militia Office of
censure
ambassador Management
bureau and Budget
State of the
Union address agency coattail effect
pardon administration tariff
The executive branch of the United States government is the only branch that
is headed by a single individual, the president. In this chapter, we discuss the
presidents duties, as specified by the Constitution. The Constitution names
the president the commander in chief of the armed forces, and authorizes
him or her to negotiate treaties with other nations. In domestic policy, the
president appoints officials to serve as Cabinet secretaries and to lead smaller
agencies. We will also see how the presidency has been gradually transformed
by some of its most notable occupants. Today, Americans expect the president
to provide strong leadership. This chapter also describes the ways the presi-
dent wins support for his or her policies by appealing to the American people,
members of his or her own party, Congress, and foreign leaders.
125
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THE UN
OF I
T
TE
N
PRESIDE
DS
TATES
President
lecting taxes and paying the expenses of the executive branch. He appointed
Thomas Jefferson to be secretary of state and Henry Knox to administer the
armed forces as secretary of war. These officials made up a group called the
presidents Cabinet. The attorney general was a Cabinet member but did not
head an executive department (the Department of Justice) until 1870.
Since Washingtons time, the executive branch has grown tremendously.
Today, it consists of 15 departments as well as many other separate agencies.
Each of the major departments is headed by a different member of the presi-
dents Cabinet. These Cabinet members help the president to administer, or
execute, thousands of U.S. laws. But the final responsibility for executing the
laws rests with the president as chief executive.
Appoint Ambassadors
Ambassadors are officials who live abroad in the capitals of foreign coun-
tries. Their main job is to represent the U.S. government to the leaders of for-
eign governments. All ambassadors to foreign countries are appointed by the
president. The appointments, however, must be confirmed by the Senate.
Negotiate Treaties
A treaty is an agreement signed by the heads of government of two or more
nations. The Constitution gives the president the power to make and sign
treaties. After a treaty is signed, the Senate must vote on whether to accept it.
For the treaty to be valid, at least two-thirds of the senators must ratify it.
President Bill Clinton delivers his State of the Union address in 1997.
Grant Pardons
The Constitution gives the president the power to grant pardons and reprieves
for offenses against the United States. A pardon absolves an individual of the
legal penalties for any crime he or she may have been convicted of.
In 1921, President Warren G. Harding pardoned Eugene Debs, the labor
leader and perennial Socialist Party presidential candidate. After making a
speech objecting to U.S. involvement in World War I, Debs was convicted
in federal court of violating the 1917 Espionage Act and sentenced to 20 years
in prison. After being pardoned by Harding, Debs was released from prison. In
August 1974, President Richard Nixon, who was facing impeachment over his
involvement in the Watergate scandal, resigned. About one month later, Pres-
ident Gerald Ford pardoned Nixon for any crimes he may have committed
while in office. Fords pardon shielded Nixon from any criminal prosecution.
In order to minimize or even escape the political consequences, presidents
will grant many pardons just before leaving office. After losing his reelection
bid in 1992, President George H. W. Bush pardoned six individuals involved
in the Iran-contra affair. Right before leaving office in 2001, President Bill
Clinton pardoned his own brother, who was facing drug charges, and a
wealthy fugitive whose ex-wife had made a large campaign contribution to
First Lady Hillary Clintons campaign for U.S. Senate in New York in 2000.
Presidents may also declare an amnesty, which absolves large numbers of
people from facing criminal charges. In 1977, President Jimmy Carter granted
an amnesty to thousands of young men had who illegally avoided military
service during the Vietnam War. Many of these men had fled the country to
escape the draft or remained in hiding in the United States. The presidents
amnesty absolved the draft evaders from facing any criminal charges.
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Presidents have the power to grant pardons to those accused of misdeeds. An annual
tradition at the White House is to pardon a Thanksgiving turkey.
Geraldine Ferraro
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York, a Democrat, made history when she became the first woman nominated for
vice president by one of the two major parties. In 1988, the Rev. Jesse Jackson, an
African American and civil rights activist, was a leading candidate for the Demo-
cratic nomination for president. In 2000, Senator Joseph Lieberman of Connecti-
cut, a Democrat and an Orthodox Jew, was the Democratic Partys nominee for
vice president. In 2008, Senator Barack Obama of Illinois, a Democrat, became
the first racial minority to win a major partys nomination. (His closest rival for
the Democratic nomination was a woman, Senator Hillary Clinton of New York.)
REVIEW
1. Define: chief executive, state militia, commander in chief, State of the
Union address, pardon, and amnesty.
2. Name the three original executive departments and the Cabinet members
who headed each. Explain how the executive branch has grown since
Washingtons time.
3. Which powers make the president largely responsible for the nations for-
eign policy? Briefly explain how these powers work.
4. How can Congress check or limit the presidents powers as commander in
chief and treaty negotiator?
5. How does the presidents power to nominate federal judges give him or her
influence over the judicial branch?
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President Dwight Eisenhower throws out the ceremonial first pitch before a
baseball game. What role was the president playing?
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while members of Congress are not? It is because the president is the nations
one and only chief of state. This role is quite different from the more practical
role of chief executive. A chief of state is like a master of ceremonies. In this
role, the president conducts patriotic ceremonies and honors citizens for out-
standing service. It is the presidents custom, for example, to throw out the
first pitch of a major league baseball game. As chief of state, a president may
do many things. Presidents have done everything from calling astronauts to
congratulate them about landing on the moon to visiting U.S. troops in war
zones. At the White House, the president may greet Boy Scouts, senior citi-
zens, artists, musicians, and Olympic athletes.
None of these activities are listed in the Constitution. But a president
devotes a lot of time to them anyway. Being chief of state adds to the pres-
tige and dignity of the presidency. It also increases the presidents power
and ability to lead.
4. Modern presidents have given strong leadership. In the late 19th century
(after Abraham Lincoln), presidents were not very strong leaders. They
performed their duties as narrowly defined by the Constitutionand did
not do much more.
REVIEW
1. Why does the nation look to the president for leadership in times of emer-
gency?
2. Explain the difference between the presidential roles of chief of state and
chief executive.
3. Explain how the following presidents strengthened the presidency in
the 20th century: Theodore Roosevelt, Woodrow Wilson, and Franklin
Roosevelt.
4. Explain how providing leadership has become the main job of modern
presidents.
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President George W. Bush meets with his Cabinet at the White House.
Every fiscal year (which begins on October 1), the Office of Manage-
ment and Budget (OMB) helps the president decide how to spend tril-
lions of dollars. The director of the OMB can be as influential as any
Cabinet member.
4. Members of the White House staff. One part of the White House is home
for the presidents family. Another part contains a large, oval-shaped room
that is the presidents office. Inside the Oval Office, the president is visited
regularly by staff members. These special assistants carry out a number of
vital tasks. They schedule the presidents meetings, sort White House mail,
and answer reporters questions. The daily reports that they write keep
their chief informed about hundreds of problems.
Recent presidents have given a chief of staff the job of organizing and
managing the White House staff. The chief of staffs power can be consider-
able, since he or she determines whom the president meets and how the
president schedules the daily workload.
5. Vice president. The advisers mentioned so far are all appointed to their
jobs by the president. Only one presidential adviser sits in Cabinet meet-
ings and performs other duties as a result of being elected to office. That
person is the vice president.
The Constitution states that the vice president shall preside over meet-
ings of the Senate. The vice president may vote for or against a bill only
when the senators are deadlocked in a tie vote. The vice presidents role as a
tiebreaker decides which party controls the Senate if both parties have an
equal number of members. For example, after the 2000 election, both the
Democrats and the Republicans held 50 seats. Since the vice president at the
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time, Dick Cheney, was a Republican, his vote decided that the Republicans
would control the Senate. Most vice presidents have found that presiding
over the Senate is often a meaningless responsibility. On most days, a vice
president will turn over the presiding officers chair in the Senate to a sena-
tor of the majority partythe Senates president pro tempore. However, the
vice president may or may not be given an active role to play in the execu-
tive branch. All depends on whether the president wishes to assign special
tasks and duties to the vice president. President Eisenhower, for example,
sent Vice President Richard Nixon on diplomatic missions to Latin America
and the Soviet Union.
As discussed in the previous chapter, the vice presidents most impor-
tant role is to be available in case anything should happen to the president.
To date, eight vice presidents have been elevated to the presidency after the
death of the president.
REVIEW
1. Define or identify: bureau, agency, administration, budget, Executive Office
of the President, and Office of Management and Budget (OMB).
2. How do members of the White House Staff assist the president?
3. Explain how the presidents chief of staff has considerable power.
4. If the Senate is evenly divided according to party lines, how does a vice
president determine which party controls the Senate?
Influencing Congress
Assisted by advisers, the president develops a legislative program. This is a set
of bills that the president thinks Congress should enact into law. Usually,
Congress passes some of the presidents measures, while rejecting others.
One president was, very briefly, an exception to this rule. Franklin Roo-
sevelt sent dozens of bills to Congress in early 1933. Without delay, Democratic
majorities in both houses of Congress passed every one of Roosevelts bills.
There was an emergency bill to save the banks from failure and another bill to
save the railroads. There was a bill to aid farmers and another to aid businesses.
Every bill from the presidents office was a major one. Roosevelt got almost all
that he wanted from Congress in only 100 hectic days of lawmaking.
How did he do it? First, Congress understood the need for action. The Great
Depression was frightening. In times of crisis, Congress tends to follow wher-
ever the president leads. Second, in 1933, large majorities in both the House
and the Senate were Democrats. The president was also a Democrat. Member-
ship in the same party makes it easier for a president to work with Congress.
President John F. Kennedy talks with his advisers at the White House during the Cuban
missile crisis.
1955 after traveling to Geneva, Switzerland, to meet with the heads of state of
France, Great Britain, and the Soviet Union. The president was praised for try-
ing to bring about more peaceful relations with the Soviet Union.
In May 1960, Eisenhower was embarrassed when an American spy plane
was shot down over the Soviet Union. Soviet leader Nikita Khrushchev
accused the United States of spying on the USSR. At first, Eisenhower denied
the charge. But he later admitted that U-2 spy planes had been flying over the
Soviet Union for some time. Eisenhowers popularity and his influence were
undermined by this incident.
John Kennedy succeeded Eisenhower as president. In October 1962,
Kennedy faced an international crisis when a U.S. spy plane discovered that
the Soviets were installing nuclear missiles in Cuba, a Communist ally in the
Caribbean Sea. Kennedy and his advisers agreed that the presence of nuclear
missiles in Cuba would represent a major security threat to the United States.
After consulting with his advisers, Kennedy decided to blockade Cuba and
prevent Soviet ships from delivering any additional nuclear warheads and
missiles. Kennedy announced his policy in a televised address to the nation.
Nuclear war between the United States and the Soviet Union seemed
likely. Kennedy and Khrushchev frantically negotiated behind the scenes to
defuse the crisis. The two leaders eventually reached a settlement. In exchange
for U.S. promises to remove Jupiter nuclear missiles (which were obsolete any-
way) from Turkey and to not invade Cuba, the Soviets agreed to abandon their
plans and withdraw nuclear missiles from Cuba.
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Some of Kennedys advisers had pressed for an air strike to destroy the mis-
siles or even an invasion of Cuba, which might have escalated into war.
Kennedys decision to blockade Cuba allowed him to prevent the Soviets from
completing the installation of nuclear missiles and gave him time to negotiate
a peaceful settlement to the crisis.
REVIEW
1. Define: coattail effect and tariff.
2. Why did Franklin Roosevelt enjoy great success in influencing Congress?
3. How do presidents manage to have a strong influence on members of their
own political party?
4. Explain how the presidents handling of foreign affairs can affect his or her
popularity.
5. How did President George H. W. Bushs ability to enlist the support of the
UN and U.S. allies contribute to Americas success during the first Persian
Gulf War?
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President George H. W. Bush greets two airmen who returned to the United States after
serving in the Persian Gulf War in 1991.
CHAPTER 7 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. According to the Constitution, the president (a) may serve an unlimited
number of terms (b) must be a natural-born U.S. citizen (c) must give a
certain number of press conferences each year (d) may not be from the
same political party as the vice president.
2. An example showing how voter attitudes are changing is that (a) third-
party candidates can now run for president (b) campaign financing has
been reformed (c) it is now considered possible that a woman or African
American might become president (d) the foreign born may now run for
president.
3. When the president sends U.S. troops abroad, he or she is using the con-
stitutional power of (a) commander in chief (b) chief executive (c) chief
administrator (d) chief legislator.
4. The president has a greater leadership role than Congress because the
president (a) is just one person and can act more quickly (b) does not
have to run for reelection as often as members of the House of Represen-
tatives (c) can be impeached (d) is elected by the entire nation.
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ESSAY
Write a well-organized essay discussing the theme below that includes an
introduction, several paragraphs, and a conclusion.
Explain how presidential leadership helped to resolve the problem you chose.
You might want to refer to the problems of labor, regulating monopolies,
World War I, the Great Depression, World War II, or the cold war.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents along with additional information based on your knowledge
of U.S. history.
42389 101-150 r6sp.qxp 12/23/09 9:08 PM Page 147
DOCUMENT 1
DOCUMENT 2
I speak tonight for the dignity of man and the destiny of democracy.
I urge every member of both parties, Americans of all religions and of all
colors, from every section of this country, to join me in that cause. . . .
Wednesday I will send to Congress a law designed to eliminate illegal
barriers to the right to vote.
The broad principles of that bill will be in the hands of the Democratic
and Republican leaders tomorrow. After they have reviewed it, it will
come here formally as a bill. I am grateful for this opportunity to come
here tonight at the invitation of the leadership to reason with my
friends, to give them my views, and to visit with my former col-
leagues. . . .
This bill will strike down restrictions to voting in all electionsFederal,
State, and localwhich have been used to deny Negroes the right to
vote.
This bill will establish a simple, uniform standard which cannot be
used, however ingenious the effort, to flout our Constitution.
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DOCUMENT 3
Task: Using the documents above and other examples from U.S. history,
write an essay discussing how presidents win support for their policies
through persuasiontrying to influence the American people, Congress, and
foreign leaders.
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A. Study the table and then answer the questions that follow.
8. One column of the table has not been completed. What is the
label for this column? Could you complete this column with
information already included in the table? Would the
incomplete column be more valuable if it were completed?
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UNIT IV
THE SUPREME
COURT
I
n Federalist No. 78, Alexander Hamilton described the judiciary as
the least dangerous branch of government, meaning that it did
not have much power to oppress people. Starting in the early 19th
century, the Supreme Court became an active part of the federal gov-
ernment by establishing judicial review.
Chapter 8 describes how the Supreme Court and lower federal courts
work. You will learn how Chief Justice John Marshall established the
right of the Court to declare acts of Congress unconstitutional. You will
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also learn about the politically charged process of nominating and con-
firming new justices to the Court.
Chapter 9 covers the Supreme Court and the Bill of Rights. Many
landmark cases involving freedom of speech, freedom of the press,
freedom of religion, and the rights of criminal defendants will be
covered.
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Chapter 8
The Supreme
Court and the
Lower Courts
KEY TERMS
district courts appellate judicial restraint
court of appeals jurisdiction circuit
acquit
judiciary concurring
Supreme judicial review opinion
Court unconstitutional dissenting
jurisdiction confirmation opinion
original hearing precedent
jurisdiction judicial activism
The judicial branch of government consists of the Supreme Court and all
lower federal courts. The judicial branchs main responsibility is to see that
laws and policies enacted by the president and Congress (and subsequently
the states) are consistent with the U.S. Constitution. This chapter discusses
the Supreme Court, how its members are appointed, and how it makes its
decisions. We will also cover the roles of the U.S. district courts and the U.S.
courts of appeals in the federal system.
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courts as Congress may from time to time . . . establish. The term judicial
power means the authority of courts to hear criminal and civil cases and
interpret the meaning of the Constitution and the law when disputes arise.
Life Tenure
The Constitution gives federal judges lifetime appointments. However, many
judges often step down voluntarily.
According to the Constitution, judges can be impeached (accused) by the
House of Representatives for certain offenses and then tried by the Senate. If
found guilty, a judge is forced to step down. In the history of the United
States, only seven federal judges have been removed after being impeached.
One Supreme Court justice, Samuel Chase, was impeached by the House in
1804, but he was acquitted (found not guilty) by the Senate.
REVIEW
1. Define: judiciary, jurisdiction, district courts, courts of appeals, original
jurisdiction, and appellate jurisdiction.
2. Why is the Supreme Court the most important court in the United States?
3. How many U.S. district courts and U.S. courts of appeals circuits does the
judiciary have?
4. What is the basic reason why some cases are heard in federal courts and
other cases are heard in state courts?
Marbury v. Madison
Right before leaving office in 1801, President John Adams appointed members
of his Federalist Party to serve as federal judges. Upon taking office, President
Thomas Jefferson, a member of the rival Democratic-Republican Party, sought
to block these last-minute appointments. Jefferson ordered James Madison,
the secretary of state, to withhold the commissions (legal papers granting
power to perform a job) of the appointees so they could not take their posi-
tions and frustrate the policies of the new administration.
William Marbury, one of the appointees, sued Madison in order to obtain
his commission. Marbury petitioned the Supreme Court to issue a writ of man-
damus, a court order forcing Madison to deliver the commission. Marbury
based his case on a section of the Judiciary Act of 1789 that expanded the
Supreme Courts jurisdiction and authorized it to issue writs of mandamus.
Marbury lost his case. In the Supreme Courts decision in Marbury v. Madison,
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John Marshall
Marshall explained that although Marbury was entitled to his commission, the
Supreme Court could not issue a writ of mandamus compelling Madison to
deliver it. Marshall ruled that the Constitution did not give Congress the power
to expand the Supreme Courts original jurisdiction. The Supreme Court struck
down (declared unconstitutional) the section of the Judiciary Act that gave it the
power to issue writs of mandamus.
Judicial Review
In Marbury v. Madison, Marshall established the principle known as judicial
review, the right of the Supreme Court to review any laws passed by Congress
and declare them unconstitutional (contrary to the Constitution).
Today, judicial review means that the Supreme Court and other federal
courts may rule upon the acts of Congress, the president, and the govern-
ments of the 50 states. Through judicial review, the Court tries to act as a final
interpreter and protector of the Constitution.
How does the nation benefit from the practice of judicial review? It is an
important check against the misuse of government power. Sometimes,
whether intentionally or not, a federal or state official may violate the Consti-
tution. Because of its power of judicial review, the Supreme Court can stop
laws it judges to be unconstitutional. It can also review acts of the president to
determine whether or not the Constitution permits them.
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What does the cartoon say about the Supreme Courts political views?
Critics accused the president of trying to pack the Court with judges
who would agree with him and refuse to check his power. Roosevelts proposal
was rejected. Since Roosevelt was in office so many years, from 1933 to 1945,
he was able to appoint nine justices who shared his philosophy.
Samuel Alito, who was nominated to the Supreme Court in 2006 by President
George W. Bush, testifies before the Senate Judiciary Committee. The Senate
eventually confirmed Alito.
Activism or Restraint?
The Supreme Court consists of justices who were appointed at different times
by different presidents. Often, the justices disagree among themselves about
the role that the Supreme Court should play in American society.
Some are known for judicial activistism because they think the High
Court should use its judicial power actively, often overturn harmful laws,
and promote justice and expand civil liberties and rights. Other justices think
the Supreme Court should use its power with extreme caution, overturning
laws only in rare cases and defer to the wishes of Congress and state legisla-
tures. Such justices argue for a policy of judicial restraint.
In the past, when activists held a majority on the Court, they overturned
many laws. For example, during the Great Depression of the 1930s, important
laws were passed by Congress to help the nations economy recover. Two of its
most important laws were ruled unconstitutional. In separate cases, activist
judges said that the Constitution did not grant government the power to
enact either the National Recovery Act (regulating business and labor) or the
Agricultural Adjustment Act (regulating farm production). The activist justices
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said it was their duty to interpret the Constitution as the framers in the 1780s
meant it to be interpreted.
A minority of judges on the Supreme Court in the 1930s disagreed. They
thought the activists were wrong to impose their conservative views on the
nation. Justice Louis Brandeis and other critics of the activist majority said
that Congress should be given the benefit of the doubt. If its laws were at least
loosely based on the Constitution, the Supreme Court had no business stand-
ing in the way. Brandeis, in other words, argued for judicial restraint.
The conflict between activism and restraint took a different turn in the 1950s
and 1960s. At the time, Chief Justice Earl Warren and most of the associate jus-
tices were concerned about promoting equal rights for women and minorities.
They were judicial activists who thought the Supreme Court had a responsibility
to improve society. In case after case, they ruled that state laws discriminating
against African Americans and other minorities were unconstitutional.
During the 1960s, the Warren Court made a number of controversial rul-
ings, such as expanding the rights of defendants in criminal cases and abolish-
ing prayer and Bible reading in public schools. Some critics thought the
Supreme Court was overstepping its bounds and undermining the right of
Congress and state legislatures to set policy.
Eager to change the direction of the Supreme Court, presidents began
paying more attention to nominees views and decided to appoint justices
who shared their philosophies. By each appointing more than one justice,
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REVIEW
1. Define or Identify: judicial review, unconstitutional, confirmation hearing,
judicial activism, judicial restraint, and Earl Warren.
2. How did John Marshall increase the power of the U.S. Supreme Court?
3. In the 1930s, President Franklin Roosevelt asked Congress to pass a law
that would allow him to appoint additional justices to the Supreme Court.
Why did Roosevelt want to appoint additional justices? How did Congress
respond to Roosevelts request?
4. Describe the two-step process for filling a vacancy on the United States
Supreme Court.
WA MA VT NH
ME
MT ND
OR MN 2 1
ID RI
SD WI NY
WY MI CT
8 3
IA PA NJ
NV
NE 7 OH
UT IL IN DE
CA CO 6 WV VA
9 KS MO MD
KY 4
10 NC
TN
AZ OK D.C. Circuit
NM AR SC Federal Circuit
AL GA
MS
LA 11
TX
5
FL
AK
PR VI
HI 1 3
MP GU
by the trial courts within their jurisdiction. If they agree, we say they uphold,
or affirm, the verdict of a lower court. If they disagree, we say they overturn or
reverse the lower courts judgment.
Appeals judges never conduct trials involving witnesses and juries. (Only
trial courts do that.) Appeals judges want to know: (1) Does the U.S. Constitu-
tion permit the government to act as it did in the case? (2) Was a law of Con-
gress correctly applied at the trial? and (3) Did the defendant in the case
receive a fair trial? If the appellate judges answer no to one of these questions,
the trial courts decision is reversed.
The Supreme Court now has a choice. It may either hear the appeal or
refuse to consider it. The Court cannot possibly hear all the thousands of cases
and petitions that arrive each year. It can give careful consideration to an aver-
age of only a few hundred cases a year. Any case it selects for review must meet
two tests. First, the case must involve a question about one or more sections of
the Constitution. Second, the case must have significance for American soci-
ety as a whole (not just for the individual petitioner).
Now suppose that the Supreme Court refuses to hear the case of the
Wyoming bank robbery. Then the decision of the court of appeals is final.The
Supreme Court has the last word in a case only if it wants the last word.
case, they send them to the Courts print shop. On Monday morning
(decision Monday), the Courts printed decisions are given to members of
the press.
Judges and lawyers throughout the country carefully study the latest opin-
ions of the High Court. The arguments found there will guide the decisions in
their own courtrooms for months and years to come. Again and again, lawyers
will remind trial judges of what the Supreme Court justices decided. Both trial
judges and lawyers place great importance on a precedent (a ruling by a
court on an earlier case) established by the Supreme Court.
REVIEW
1. Define: circuit court, precedent, concurring opinion, and dissenting opinion.
2. In the early history of the United States, why did Supreme Court judges
ride circuit through different parts of the country?
3. Describe the responsibilities of U.S. courts of appeals and U.S. district
courts.
REVIEW QUESTIONS
1. Define or identify: Fourteenth Amendment and Thurgood Marshall.
2. Why did the Supreme Court accept the separate-but-equal argument in
Plessy v. Ferguson but reject the same argument in Brown v. Board of Educa-
tion of Topeka, Kansas?
CHAPTER 8 REVIEW
Multiple-Choice Questions
1. The Constitution established the United States Supreme Court, but left
the creation of all other federal courts to (a) the Supreme Court (b) the
United States Congress (c) the president (d) a two-thirds vote of all state
legislatures.
2. The United States court of appeals (a) never holds trials (b) has original
jurisdiction over all federal cases (c) is the highest court in the United States
(d) has original and appellate jurisdiction over federal cases.
3. All of the following would explain why there is a vacancy on the United
States Supreme Court, except (a) a justice retires (b) a justice dies (c) a jus-
tice is impeached and then removed from office by the Senate (d) a justice
decides not to run for reelection to the Court.
4. The Supreme Courts decisions in Marbury v. Madison and Brown v. Board
of Education of Topeka, Kansas are considered landmark decisions because
(a) they brought about a fundamental change in the role of government
(b) they reversed previous Supreme Court decisions (c) they are widely
popular with Americans (d) they resulted in new amendments being
added to the Constitution.
5. The principle of judicial review gives the Supreme Court the authority
to (a) pass laws (b) add riders to laws (c) declare laws unconstitutional
(d) bring lawsuits against Congress and the president.
6. Which president led an unsuccessful attempt to get Congress to pass a
law that would allow him to appoint additional judges to the Supreme
Court? (a) Thomas Jefferson (b) Franklin Roosevelt (c) Richard Nixon
(d) George W. Bush
7. Justice Louis Brandeis once said that as long as the laws that Congress
passes are loosely based on the Constitution, the Supreme Court has no
business declaring them unconstitutional. From this comment, you can
conclude that Brandeis supported (a) congressional activism (b) judicial
activism (c) judicial restraint (d) congressional restraint.
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8. Which chief justice is known for expanding the rights of criminal defen-
dants? (a) John Roberts (b) John Marshall (c) William Rehnquist (d) Earl
Warren.
9. A justice who disagrees with a decision of the courts majority may write a
(a) dissenting opinion (b) writ of mandamus (c) concurring opinion
(d) petition.
10. Why does New York have four federal district courts while Alaska has
only one? (a) New York has been a state much longer than Alaska. (b)
New York has a much larger population than Alaska. (c) A Supreme Court
ruling decided it. (d) New York had more resources to buy more district
courts than Alaska.
ESSAY
Theme: The Origin of Judicial Review
Chief Justice John Marshall was not one of the delegates who wrote the
Constitution in 1787. But historians often refer to him as a founder
because he began the practice of judicial review.
Explain how Marshall increased the power of the United States Supreme Court
through the principle of judicial review.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
DOCUMENT 1
A free Negro of the African race, whose ancestors were brought to this
country and sold as slaves, is not a citizen within the meaning of the
Constitution of the United States.
When the Constitution was adopted, they were not regarded in any
of the States as members of the community which constituted the
State, and were not numbered among its people or citizens. Conse-
quently, the special rights and immunities guaranteed to citizens do
not apply to them. And not being citizens within the meaning of the
Constitution, they are not entitled to sue in that character in a court
of the United States, and the Circuit Court has no jurisdiction in such
a suit.
Chief Justice Roger Taney, majority opinion,
Scott v. Sanford (1857)
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1. Why did Taney believe that African Americans had no right to bring any
lawsuit in federal court?
DOCUMENT 2
2. Why did Justice Brown reject the idea that segregation would make the
black race inferior to the white race?
DOCUMENT 3
Task: Using the documents above and your knowledge of government, write
a well-organized essay describing how the Supreme Courts attitude toward
African Americans evolved over the course of 100 years.
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A. Read the letter to the editor below. Then answer the questions that
follow.
Sincerely,
Town Dweller
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Summary
Town Dweller opposes a new sports coliseum. Dweller believes the coliseum is
costly and will have a negative impact on the city. Further, Dweller believes city
council members have refused to fund more important city projects while pro-
moting projects of those who have given the most money to their campaigns.
1. As stated in the summary, what is the main idea of the letter to the
editor?
2. Discuss features that make the summary strong and effective. Include
points made in the introductory material to this skills exercise.
Editorial
In Miranda v. Arizona, the U.S. Supreme Court decided that people
accused of a crime are entitled to be given warnings by police officers.
After an arrest, police officers must take the time to tell the person
arrested about the right to remain silent; the right to have an attorney;
and the right to have an attorney appointed if the accused is unable to
afford one. If officers dont give this warning, everything an accused
says can be thrown out of court and not used against the accused in any
way. Prosecutors cannot even introduce a confession in evidence at a
trial if the accused hasnt been given these warnings or has not under-
stood them.
Last year, one of our citys residents was brutally assaulted after two
people broke into his house in the middle of the night to steal. The vic-
tim spent weeks in the hospital before he died from his injuries. His chil-
dren were devastated. The whole family has fallen apart. And there is no
way the family will ever be able to pay all the medical bills. They cant
even sell the housebecause everyone knows about the crime that
happened there. And the police found out later that the people who
committed this crime had committed many other crimes before that
night.
Everyone in this neighborhood is angry. The victims family is angry.
Things will never be the same again in this neighborhood. I am truly
furious. It turns out that the police officers caught up with the people
suspected of murdering the victim. The police gave them the Miranda
warnings. The officers asked the accused if they understood, and they
both nodded to show that they did. When they started to give their
confessions, the officers could not understand them very well. Officers
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Chapter 9
The Supreme
Court and the
Bill of Rights
KEY TERMS
established eminent Seventh
church domain Amendment
separation of First Eighth
church and state Amendment Amendment
symbolic Second Ninth
speech Amendment Amendment
exclusionary Third Tenth
rule Amendment Amendment
capital crime Fourth right to bear
grand jury Amendment arms
double Fifth quartering of
jeopardy Amendment troops
Miranda Sixth right to privacy
rights Amendment
The Bill of Rights is often considered the most cherished part of the Constitu-
tion. Every year, the Supreme Court hears cases to see if federal or state
laws violate any of the first ten amendments to the Constitution. Naturally,
different justices have different interpretations. This chapter covers each
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The justices of the Supreme Court have the responsibility of applying the Bill of
Rights to current cases.
REVIEW
1. Why was the Bill of Rights added to the Constitution?
2. How was the Bill of Rights applied to the states?
Freedom of Religion
The First Amendment reads, in part, Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof. . . .
When the United States was born in 1776, some states had established
churches or official religions. For example, Anglicanism was the established
church in Georgia, Virginia, and South Carolina. By contrast, the Congrega-
tional church was the established faith in Massachusetts, New Hampshire,
and Connecticut. The states supported their established churches with money
collected through taxation of their citizens, regardless of their religious affilia-
tion. In some states, citizens were required to belong to the established
church. As religious toleration grew and the religious population of the
United States became more diverse, the states gradually disestablished
their churches. The last state to do so was Massachusetts, in 1833.
In order to avoid religious conflicts, the First Amendment prohibits the
United States from declaring any religious sect the official religion of the
nation. In his letter dated January 1, 1802, to the Danbury Baptist Association
in Connecticut, President Thomas Jefferson wrote, I contemplate with sover-
eign reverence that act of the whole American people which declared that their
legislature should make no law respecting an establishment of religion, or pro-
hibiting the free exercise thereof, thus building a wall of separation between
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church and state. The phrase separation of church and state became part
of the political vocabulary and is associated with freedom of religion.
The First Amendment protects the freedom of religion of all Americans as
well as the freedom not to practice religion.
Many Americans have long disagreed about the specific application of the
First Amendment to such issues as prayer and Bible reading in public schools;
state support for private, religiously affiliated schools and the presence of reli-
gious symbols on government property. The Supreme Courts decisions in
cases on church-state matters have pleased some Americans while disappoint-
ing others.
In Abington School District v. Schempp (1963), the Supreme Court ruled that
teachers reading passages of the Bible to students also violated the establish-
ment clause (Congress cannot establish a national or state-sponsored reli-
gion). In his dissent, Justice Potter Stewart wrote that a refusal to permit
religious exercises thus is seen, not as the realization of state neutrality, but
rather as the establishment of a religion of secularism, or at least, as govern-
mental support of the beliefs of those who think that religious exercises
should be conducted only in private.
School Vouchers
In Zelman v. Simmons-Harris (2002), the Supreme Court upheld a program in
Cleveland, Ohio, that provided vouchers, which are financed by the state, to
parents to send their children to schools of their choice, including private or
religiously affiliated ones. Supporters of school vouchers argue that such pro-
grams create additional educational opportunities for children in poor neigh-
borhoods. By contrast, opponents argue that school vouchers undermine
public schools and may violate the Establishment Clause if the vouchers are
used for religiously affiliated schools.
In the majority opinion, Chief Justice William Rehnquist wrote that the
program did not violate the Establishment Clause because it had a valid secu-
lar purpose, offered a broad range of choices to parents, provided vouchers
directly to parents instead of to the schools, did not favor one religion over
another, and included many nonreligious choices.
Freedom of Speech
The First Amendment guarantees freedom of speech. Anyone can speak on
any issue without harassment by the government. The right, however, is not
absolute. Not protected by the First Amendment are perjury, making physical
threats, sexual harassment, defamation of character, inciting riots, and pro-
viding military secrets to foreign governments.
conviction to the Supreme Court, arguing that his actions were protected
speech under the First Amendment. In Schenck v. United States (1919), the
Court upheld Schencks conviction. The most stringent protection of free
speech would not protect a man in falsely yelling Fire! in a crowded theater
and causing a panic, Justice Oliver Wendell Holmes wrote in the majority
opinion. The question in every case is whether the words used are used in
such circumstances and are of such a nature as to create a clear and present
danger that they will bring about the substantive evils that Congress has a
right to prevent.
Symbolic Speech
The Supreme Court has ruled that the free speech clause of the First Amend-
ment also protects symbolic speech, expression in nonverbal forms. For
example, in Tinker v. Des Moines Independent School District (1969), the
Supreme Court ruled that three students, two in high school and one in junior
high school, who were suspended for wearing black armbands to protest the
Vietnam War, were exercising their First Amendment rights and not disrupt-
ing the school.
In a controversial decision, Texas v. Johnson (1989), the Supreme Court
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In Tinker v. Des Moines, the Supreme Court upheld Mary Beth and John Tinkers right to
wear antiwar armbands in school.
concluded that desecrating the American flag, which was illegal in nearly
every state, was also symbolic speech protected by the First Amendment.
Newspaper publisher John Peter Zenger stands trial for criticizing a government official in
1734. Zengers acquittal promoted freedom of the press in the colonies.
Obscenity
In Miller v. California (1973), the Supreme Court affirmed that obscene mate-
rials were not protected by the First Amendment, and their dissemination
could be regulated by the states. The Court, however, specified that in order
for something to be considered obscene, it must meet the following criteria:
(1) the average person, applying contemporary community standards,
would find that the material, taken as a whole, appeals only to the prurient
interest (satisfying sexual desires); (2) the work depicts or describes, in a
patently offensive way, sexual conduct specifically defined by the applicable
state law; and (3) the work, taken as a whole, does not have any literary,
political, artistic, or scientific value. The Miller case rejected a national stan-
dard for defining obscenity, but allowed the states to set such standards.
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In 1963, Dr. Martin Luther King Jr. addresses over 200,000 participants in the March on
Washington, an example of peaceful assembly.
In 1978, neo-Nazi leader Frank Collin (sitting) sued for his right to march in
Skokie, Illinois.
At the time, over half of Skokies residents were Jews, a large number of
whom had survived the Holocaust. Worried that such an event might lead to
violence between the group and outraged residents, Skokie officials were
determined to prevent the neo-Nazis from publicly gathering in their village. The
Skokie Village Board passed several ordinances drafted in general terms, but
clearly aimed at the group: (1) groups that requested a permit to hold a march
first had to purchase an indemnity bond (an insurance policy) worth $350,000;
(2) any material that promoted hate against any group was outlawed; and
(3) people could not march in military-style uniforms. After the village denied
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REVIEW
1. Define or identify: First Amendment, established church, separation of
church and state, symbolic speech, John Peter Zenger, and the Pentagon
Papers.
2. Discuss how the Supreme Court decided the following cases: Engel v. Vitale
(1962), Tinker v. Des Moines Independent School District (1969), New York
Times Co. v. United States (1971), Texas v. Johnson (1989), and Zelman v.
Simmons-Harris (2002).
States (1914), the Supreme Court ruled that if the law enforcement authorities
violate the provisions of the Fourth Amendment, any evidence they seize
must be excluded from criminal trials in federal court. The Supreme Court
extended the exclusionary rule, as this principle was known, to state courts
in the decision Mapp v. Ohio (1961). The Supreme Court has also used the
Fourth Amendment to articulate a right to privacy.
Miranda v. Arizona
In 1965, the Supreme Court agreed to hear an appeal filed by attorneys repre-
senting Ernesto Miranda, who was convicted in Arizona for rape and kidnap-
ping. During his interrogation by the police, Miranda admitted his guilt.
Mirandas confession was then used to convict him in court. The police, how-
ever, never informed Miranda of his Fifth Amendment right to remain silent.
In Miranda v. Arizona (1966), the Supreme Court overturned Mirandas con-
viction and set strict guidelines for interrogation. At the outset, if a person in
custody is to be subjected to interrogation, he must first be informed in clear
and unequivocal terms that he has the right to remain silent, Chief Justice Earl
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Warren wrote in the majority opinion. Warren added that suspects must also be
informed that anything they say can and will be used against them in court, and
that they have the right to have an attorney present during interrogations.
When making arrests, the police, FBI, and other law enforcement agencies must
inform suspects of their Miranda rights: (1) the right to remain silent; (2) that
anything suspects say can and will used against them in court; (3) the right to
see an attorney and have one present during questioning; and (4) if they cannot
afford an attorney, one will be provided to represent them at state expense.
The Fifth Amendment states that no one may be deprived of life, liberty,
or property without due process of law. . . . This means that the state and fed-
eral governments can execute, imprison, and punish only those individuals
who have been given a fair trial and convicted in a court of law.
The Fifth Amendment specifies that if the government seizes private prop-
erty for public use, just compensation must be given to the owner. Through
the power of eminent domain, the government can seize private property
(even without the owners consent) and use it to build bridges, railroads, high-
ways, and anything that benefits the public. In a controversial decision, Kelo v.
City of New London (2005), the Supreme Court expanded eminent domain,
giving governments the power to transfer property from one private owner to
another in order to further economic development.
Gideon v. Wainwright
In 1961, Clarence Gideon was charged with burglary in Panama City, Florida.
Since he was too poor to hire counsel to represent him in court, Gideon asked
the presiding judge to assign him an attorney paid by the state. The judge
denied Gideons request because the state law specified that poor defendants
could be assigned counsel only in capital cases. At his trial, Gideon repre-
sented himself, and he was convicted. Gideon was then sentenced to five
years in prison.
In 1962, Gideon successfully petitioned the Supreme Court to review his
case. In a unanimous decision, Gideon v. Wainwright (1963), the Court over-
turned Gideons conviction because he had been denied his Sixth Amend-
ment right to counsel. In the majority opinion, Justice Black argued that in
order to receive a fair trial, a defendant must be represented by counsel. The
Supreme Court mandated that states must provide counsel to defendants who
cannot afford to hire their own attorneys. In his second trial, Gideon, then
represented by an attorney, was acquitted.
Escobedo v. Illinois
In 1960, police in Chicago, Illinois, arrested Danny Escobedo for the murder
of his brother-in-law. The police refused Escobedos request to see a lawyer.
Escobedo subsequently confessed, and he was later found guilty of murder.
Escobedo appealed his conviction, and the Supreme Court agreed to hear his
case. In Escobedo v. Illinois (1964), the court overturned Escobedos conviction
and ruled that defendants, if they request them, must have attorneys present
while being interrogated.
A death penalty opponent protests outside the court on the first day of the trial against the
Washington-area sniper suspect Lee Malvo.
passed new death penalty statutes that addressed the Courts concerns and set
strict guidelines for its application. The death penalty was abolished for lesser
crimes such as rape. In Gregg v. Georgia (1976), the Supreme Court upheld the
death penalty.
REVIEW
1. Define: Fourth Amendment, exclusionary rule, capital crime, Fifth Amend-
ment, grand jury, double jeopardy, eminent domain, Miranda rights, and
Sixth Amendment.
2. Describe five rights protected by the Fifth Amendment.
3. Explain how a defendant acquitted in a state court may be tried in a federal
court for the same crime.
4. How did Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and
Miranda v. Arizona (1966) protect the rights of the accused?
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Many colonists bitterly resented this practice, which was occurring during a
time of peace. The Third Amendment bans such quartering of troops:
No soldier shall, in time of peace, be quartered in any house without the con-
sent of the owner, nor in time of war, but in a manner to be prescribed by law.
REVIEW
1. Define or identify: United States v. Miller, quartering of troops, right to pri-
vacy, Ninth Amendment.
2. Which amendment has not been applied to the state level yet?
3. How did Justice Goldberg justify the Supreme Courts decision in Griswold
v. Connecticut?
CHAPTER 9 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The Bill of Rights is mostly concerned with protecting the rights of (a) the
people (b) political governments (c) state governments (d) the federal
government.
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Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents along with additional information based on your knowledge
of U.S. government.
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Historical Context: The Supreme Court has often upheld freedom of speech
and expression, but with some exceptions.
DOCUMENT 1
Under our Constitution, free speech is not a right that is given only to
be so circumscribed that it exists in principle but not in fact. Freedom of
expression would not truly exist if the right could be exercised only in
an area that a benevolent government has provided as a safe haven for
crackpots. The Constitution says that Congress (and the States) may
not abridge the right to free speech. This provision means what it says.
We properly read it to permit reasonable regulation of speech-connected
activities in carefully restricted circumstances. But we do not confine
the permissible exercise of First Amendment rights to a telephone
booth or the four corners of a pamphlet, or to supervised and ordained
discussion in a school classroom. . . .
As we have discussed, the record does not demonstrate any facts which
might reasonably have led school authorities to forecast substantial dis-
ruption of or material interference with school activities, and no distur-
bances or disorders on the school premises in fact occurred. These
petitioners merely went about their ordained rounds in school. Their
deviation consisted only in wearing on their sleeve a band of black
cloth, not more than two inches wide. They wore it to exhibit their
disapproval of the Vietnam hostilities and their advocacy of a truce,
to make their views known, and, by their example, to influence others
to adopt them. They neither interrupted school activities nor sought to
intrude in the school affairs or the lives of others. They caused discus-
sion outside of the classrooms, but no interference with work and no
disorder. In the circumstances, our Constitution does not permit offi-
cials of the State to deny their form of expression.
Justice Abraham Fortas, majority opinion,
Tinker v. Des Moines Independent Community
School District (February 24, 1969)
1. How does Justice Fortas balance freedom of speech with the right of the
school to maintain student discipline and foster a learning environment?
DOCUMENT 2
against uttering words that may have all the effect of force. The ques-
tion in every case is whether the words used are used in such circum-
stances and are of such a nature as to create a clear and present danger
that they will bring about the substantive evils that Congress has a right
to prevent. It is a question of proximity and degree. When a nation is at
war many things that might be said in time of peace are such a hin-
drance to its effort that their utterance will not be endured so long as
men fight and that no Court could regard them as protected by any
constitutional right.
Justice Oliver Wendell Holmes, majority opinion, Schenck v. United
States (March 3, 1919), upholding criminal conviction of Socialist
leader Carl Schenck, who distributed leaflets urging men
to resist being drafted for military service in World War I
2. Under what circumstances does Justice Holmes believe that free speech and
expression may be censored by the government?
DOCUMENT 3
Task: Using the documents above and your knowledge of U.S. government,
write a well-organized essay with an introduction, several paragraphs, and a
conclusion discussing under what circumstances the government might limit
freedom of speech and expression or why no such limits should ever be
imposed.
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14. Select one of these topics: freedom of speech, freedom of the press,
freedom of assembly and petition, the right to speedy trial, or right
to bear arms.
Use your personal knowledge and information from the chapter as you work.
UNIT V
CONGRESS
T
he United States Congress is unique among the three branches
of government because it consists of two equal houses, the Sen-
ate and the House of RepreSentatives.
Chapter 10 discusses the basic structure of Congress and its func-
tion as the elected voice of the American people. The chapter describes
the function of both houses, covering the different terms representa-
tives and senators serve and the different constituencies they repre-
sent. Additionally, you will learn about the roles of the leaders that
each house elects and how they shape legislation.
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Chapter 10
The U.S. Congress is divided into two houses, the Senate and the House of
Representatives. In this chapter, we will discuss the different duties that sena-
tors and representatives have, how the House differs from the Senate, and
how Congress chooses its officers.
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Lawmaking
Article I of the Constitution states, All legislative powers herein granted shall
be vested in a Congress of the United States, which shall consist of a Senate
and House of Representatives.
What does it mean for senators and representatives to have legislative
power? It means that he or she may vote either yea (yes) or nay (no) on
written proposals for new federal laws. Such written proposals are called bills.
Voting on a bill takes place in the Capitol in Washington in two immense
rooms, or chambers. The House chamber is the main room in one wing of the
Capitol. The smaller Senate chamber is in a second wing. Like students in a
classroom, senators and representatives are assigned to seats of their own in
their respective chambers.
Unlike a classroom, however, members of each house rarely sit in their
seats for very long. They are free to come into the chamber and to leave it at
any time. If bills that they care about are being debated, they will probably be
there. If not, they may be in their office or in one of the many committee
rooms. Buzzers tell them when they are needed in the House or Senate to vote
on a proposed law.
Staff Support
Members of Congress need a lot of help. There are simply too many bills to
study and too many committee meetings to attend. Those who assist senators
and representatives are their personal staff.
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Staff members are assigned to various jobs. Some help out with lawmak-
ing. They research bills, draft bills, write reports about bills, and even recom-
mend how their boss should vote on certain bills.
Another group of assistants specialize in what they call casework. When
a constituent writes to a senator or representative about a problem, it is usu-
ally a staff member who reads the letter and acts on it.
REVIEW
1. Define: bill, constituents, interest group, lobbyist, and roll-call vote.
2. What are the two main functions of a member of Congress?
3. Describe three ways staff members support the senator or representative
they work for.
4. Describe the two types of constituents that a member of Congress generally
has.
Bicameral Congress
The Senate meets in one wing of the Capitol and the House of Representatives
in the other. The House has 435 members, while the Senate has 100. As you
learned in Chapter 3, the Constitution established these two houses, or legis-
latures, for the national government. Thus, the House and Senate are two sep-
arate lawmaking groups, or bodies. Each considers different bills at different
times. Because of this separation into two lawmaking houses, we say that the
U.S. Congress is bicameral.
Length of Term
A representative has a short term: only two years. A senators term is six years,
three times as long. There are no term limits for any Congress members. Sena-
tors and representatives may be reelected repeatedly. Senator Robert Byrd, a
Democrat from West Virginia, was first elected to the Senate in 1958. Byrd was
subsequently re-elected seven times, and, as of 2009, he held the record for
the longest term in the Senate: 50 years. (Only 19 senators, including Byrd,
have served at least 35 years.) In 2009, Congressman John Dingell, a Democrat
from Michigan, became the longest serving member in the House of Represen-
tatives. Dingell won a special election to the House in 1955 and has been
re-elected to every succeeding Congress.
Constituencies
A senator serves all the people of a state. A representative usually serves just a
fraction of the states population: the people who live in his or her congres-
sional district.
Rules of Debate
Because the Senate is smaller, its members are allowed more freedom to talk
and debate. A senator may stand on the floor of the Senate and talk for hours
about a bill. In the House, rules for debating a bill are much stricter. Opportu-
nities to make a speech on the House floor are limited to only a few minutes
per speaker.
HI
2
1st 17891791 13 65
apportioned, or distributed, among the states. The Constitution sets two rules
for apportionment: (1) Every state is entitled to a minimum of one representa-
tive. (2) The number of people served by a representative must be at least
30,000.
In 1929, Congress added another rule for apportionment. The law said
that the total number of representatives in the House would always be the
same: 435. (The total number of representatives temporarily went up to 437
when Alaska and Hawaii were admitted to the Union. However, it went back
down to 435 after the districts were reapportioned after the 1960 census.)
From the census that is taken every ten years, we know each states popula-
tion. By applying a mathematical formula, the 435 House seats are distributed
fairly among the 50 states. From one census to the next, states may gain or
lose House seats, or the number may remain the same. Some states have only
one representative, who serves all the people. The more populous states are
divided into districts. Each district has one representative.
The table above shows how Congress gradually expanded with the admis-
sion of more states into the Union. The number of members who serve in each
house has been the same since 1963. If you compare the data for the 30th
and 37th Congresses, you see that the number of members in the Senate and
House actually declined. What happened? After Abraham Lincoln was elected
president in 1860, 11 states eventually left the Union, and their senators
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and representatives no longer served in the U.S. Congress. As they were read-
mitted into the Union after the Civil War, the former Confederate states
regained their representation in Congress.
Wesberry v. Sanders
The first method is no longer practiced because the Supreme Court ended it.
In 1964, the Supreme Court ruled in the case of Wesberry v. Sanders that dis-
tricts with unequal populations were unconstitutional. In its decision, the
Court said that people in one district must not be better represented than
people in another district.
Wesberry v. Sanders requires state lawmakers to draw district boundaries
so that districts are as nearly equal in population as possible. After the 2000
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42389 199-240 r7sp.qxp 12/24/09 5:34 PM Page 212
census, the average size of one congressional district is about 647,000 people.
Since the population of the United States has increased in the past decade, the
average number of people represented by one congressional district will likely
increase over the decades.
Gerrymandering
The second method for redrawing district boundaries to benefit political par-
ties is still used today. Gerrymandering involves carefully drawing districts
in odd shapes to secure advantages for one party. In more densely populated
states, areas and neighborhoods (which may be miles apart) that are likely to
support one party may be included in one district to maximize the partys
chances of winning the seat or placed in different districts in order to reduce
the partys electoral strength. The term gerrymandering dates back to Mas-
sachusetts in 1812 when legislators of the majority party drew an oddly
shaped district that looked like a salamander. Governor Elbridge Gerry
approved the plan to redraw the districts that benefited his party. The Boston
Gazette newspaper described the district as a gerry-mander. Gerrymandering
has come to mean redrawing district boundaries to benefit a political party.
Today, gerrymandering is often done with computer databases of population
and voting patterns.
REVIEW
1. Define: bicameral, reapportionment, census, and gerrymandering.
2. Do you agree or disagree that a senator has more power than a representa-
tive? Explain your answer.
3. How does the Senate differ from the House in terms of office, constituen-
cies, and rules of debate?
4. Why are congressional districts redrawn after a census?
small, it still gave them the ability to elect the Speaker of the House of Repre-
sentatives and the bodys other leaders.
The 2000 election also resulted in the Democrats and Republicans each
having 50 seats in the Senate. How was the leadership question resolved since
both parties were tied? The new vice president, Dick Cheney, was a Republi-
can, so he was able to use his constitutional position as the president of the
Senate to break tie votes. With Cheneys vote, the Republicans retained con-
trol of the Senate and elected the bodys leaders.
In May 2001, the Republicans lost control of the Senate when Senator
James M. Jeffords of Vermont, a liberal Republican, left the party and declared
himself an independent. Jeffordss defection immediately gave the Democrats
a one-seat majority and allowed them to place Democrats in leadership posi-
tions. In the November 2002 election, the Republicans won a majority in the
Senate, and control of the Senates leadership offices changed once more. In
2006, the Democrats swept the Republicans out of office and won control of
both houses. Congressperson Nancy Pelosi of California was elected Speaker
of the House, and Senator Harry Reid of Nevada was elected Senate majority
leader.
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Seniority Custom
In addition to party membership, power in Congress depends on seniority,
how long a lawmaker has served in the House or Senate. Those who have served
many terms are called senior members. By contrast, those who have served only
one or two terms are called junior members. The greater seniority that a senator
or a representative has, the more likely he or she will have a leadership position.
Party Caucuses
As we have seen, the reason the majority party rules is that it has the voting
strength to elect officers. Before the election of officers takes place, members
of the majority party get together in a party caucus. The senators attending
one caucus decide who among them shall be president pro tempore and who
shall head the different Senate committees. In their caucus, members of the
majority party of the House vote on their leaders.
The actual vote for leaders on the House and Senate floors is just a formal-
ity. Everyone knows in advance who will be chosen. The majority party nomi-
nates its list of leaders who were previously chosen in the party caucus. Then
every member of the party votes in favor of the list. Since it has a majority
behind it, the list always wins.
to vote the party line. Senators and representatives who defy their party fre-
quently or on important votes may be punished by not receiving important
committee assignments or other positions of influence.
REVIEW
1. Define or identify: majority party, Speaker of the House, presiding officer of
the Senate, president pro tempore, seniority, majority leader, minority
leader, party caucus, majority whip, and minority whip.
2. How did the Democrats win control of the Senate in 2001, a nonelection
year?
3. Which members usually get leadership positions?
4. Why is a committee chair important?
CHAPTER 10 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The main duty of senators and representatives is to (a) enforce federal reg-
ulations (b) pass laws for the nation (c) appoint justices to the U.S.
Supreme Court (d) choose candidates to run for political office.
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2. The method of voting one person at a time is known as (a) voice voting
(b) counting heads (c) census taking (d) roll-call voting.
3. A session of Congress lasts (a) one year (b) two years (c) four years (d) six
years.
4. All of the following are powers of the Speaker of the House of Representa-
tives, except (a) deciding what bills shall be sent to different committees
(b) enforcing rules of order (c) deciding which representatives will be
called upon to speak for or against a bill (d) naming the majority and
minority leaders of the House.
5. What factor determines who the leaders of the House and Senate are
likely to be? (a) the preferences of the president (b) the political party that
has the most seats in each house (c) ruling of the Supreme Court (d) the
political affiliation of the nations 50 governors
6. Which process determines how many representatives each state gets after
the census has been taken? (a) redistricting (b) realignment (c) reappor-
tionment (d) readjustment
7. What is the most important factor in deciding how congressional district
lines are redrawn? (a) a states population (b) the party that controls the
House of Representatives (c) the political affiliation of the states legisla-
ture (d) the wishes of the voters
8. Which Supreme Court decision ruled that all congressional districts must
represent about the same number of people? (a) Wesberry v. Sanders
(b) Marbury v. Madison (c) Bush v. Gore (d) Plessy v. Ferguson
9. The people in an individual representatives district or a senators state are
called (a) voters (b) contributors (c) constituents (d) letter writers.
10. The process of redrawing congressional district boundaries to benefit one
political party is called (a) redistricting (b) gerrymandering (c) caucusing
(d) political partisanship.
ESSAY
Write an essay discussing the various duties that senators and representatives
have and how they are helped in carrying them out.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
Historical Context: The House of Representatives and the U.S. Senate exist
to represent their constituents in government and serve their interests. Such
representation requires representatives and senators to be accessible to their
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DOCUMENT 1
I am not only the Senator from Maryland, but also the Senator for
Maryland. I take great pride in my work on behalf of my constituents.
My office can assist Marylanders with casework with the federal govern-
ment, in obtaining federal grants, nominations to the military acad-
emies, Washington tours, internships, and flags flown over the U.S.
Capitol. . . .
Caseworkers in my state offices will make every effort to assist you.
Whether its obtaining information from federal agencies related to
programs or benefits for which you may be eligible, a problem youre
having with a federal government program such as Social Security,
Medicare or veterans benefits, or an issue that needs to be resolved with
a federal government agency such as the Internal Revenue Service, my
staff stands ready to help.
Senator Barbara Mikulski, Democrat of Maryland,
message on her Senate Web site to her constituents
1. How does Senator Mikulski offer to serve the constituents she represents?
DOCUMENT 2
DOCUMENT 3
I think all men recognize that in time of war the citizen must surrender
some rights for the common good which he is entitled to enjoy in time
of peace. But sir, the right to control their own Government according
to constitutional forms is not one of the rights that the citizens of this
country are called upon to surrender in time of war. . . .
More than all, the citizen and his representative in Congress in time of
war must maintain his right of free speech. More than in times of peace
it is necessary that the channels for free public discussion of govern-
mental policies shall be open and unclogged. I believe, Mr. President,
that I am now touching upon the most important question in this
country todayand that is the right of the citizens of this country and
their representatives in Congress to discuss in an orderly way frankly
and publicly and without fear, from the platform and through the
press, every important phase of this war; its causes, the manner in
which it should be conducted, and the terms upon which peace should
be made. The belief which is becoming widespread in this land that this
most fundamental right is being denied to the citizens of this country is
a fact the tremendous significance of which, those in authority have
not yet begun to appreciate. I am contending, Mr. President, for the
great fundamental right of the sovereign people of this country to make
their voice heard and have that voice heeded upon the great questions
arising out of this war, including not only how the war shall be prose-
cuted but the conditions upon which it may be terminated with a due
regard for the rights and the honor of this Nation and the interests of
humanity.
I am contending for this right because the exercise of it is necessary to
the welfare, to the existence, of this Government to the successful con-
duct of this war, and to a peace which shall be enduring and for the best
interest of this country.
Senator Robert LaFollette, Republican of Wisconsin,
speech delivered in the U.S. Senate, October 6, 1917
3. Why does Senator LaFollette, who had previously voted against declaring
war against Germany, insist on the right of free speech during wartime?
A. Study the bar graph below and then answer the questions that follow.
85
80
75
70
65
Number of Women
60
55
50
45
40
35
30
25
20
15
10
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1990
Average spent by winners: $3.9 million
Average spent by losers: $1.7 million
1994
Average spent by winners: $4.6 million
Average spent by losers: $3.4 million
1998
Average spent by winners: $5.2 million
Average spent by losers: $2.8 million
2004
Average spent by winners: $7.8 million
Average spent by losers: $3.6 million
2006
Average spent by winners: $9.6 million
Average spent by losers: $7.4 million
Chapter 11
Lawmaking
in Congress
KEY TERMS
hopper standing filibuster
Senate bill clerk committee cloture
public bill subcommittee conference
private bill select committee
committee logrolling
resolution
joint committee pork barrel
foreign
commerce Committee of rider
the Whole
interstate
commerce quorem
This chapter covers how Congress helps shape government policy by passing
legislation. You will learn what specific powers the Constitution gives to Con-
gress and how the committee process works. The chapter also discusses the
many steps of how a bill becomes law and, to illustrate the legislative process,
recalls the complicated history of one bill.
222
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7. Establish post offices and post roads. Congress may set up a system
for distributing mail and building roads to be used as mail routes.
8. Protect authors and inventors. Congress may grant copyrights (exclu-
sive legal right to reproduce, publish, sell, or distribute the form of
something) and patents (official documents conferring a right or
privilege) to people who create or invent original works.
9. Establish federal courts. Congress may set up courts (other than the
Supreme Court) to hear federal cases.
10. Punish acts of piracy. Congress may determine how crimes committed
at sea are to be defined and punished.
11. Declare war. The United States is officially at war with another nation
only if Congress votes to declare that a state of war exists. (As
commander in chief, however, the president may order troops and
ships into battle whether or not war has been officially declared. The
Civil War and the Vietnam War were both undeclared wars.)
1214. Support and regulate the armed forces. Congress may decide how
much money to spend for an army and navy.
1516. Call the state militia into federal service. Congress may draw up rules
for organizing the militia (state National Guard units) when they are
called into federal service during an emergency.
17. Govern the nations capital. All laws governing the District of Colum-
bia (Washington, D.C.) are made by Congress, not by any state gov-
ernment.
18. Pass any other laws that are necessary and proper to carry out the
governments responsibilities.
approve all of the presidents nominees by a majority vote before they can
officially assume their offices.
5. Impeach and remove officials. The House of Representatives may
impeach, or bring charges against, the president, officials in the executive
branch, and members of the federal judiciary. The Senate then holds a trial
and decides whether the impeached person should be removed from office.
Power to Tax
One of the most important of Congresss powers is to determine the types of
taxes that may be collected from citizens and businesses. The power to tax is
also called the power of the purse. Government by the people and for the
people could not exist unless the peoples representatives had the power to
either approve or reject proposals for new taxes.
The Constitution makes one special rule about those bills that deal with
taxes and public money. It states that such bills must be introduced first in the
House of Representatives. The Constitution, however, adds that any bill
passed by the House must also be approved by the Senate, and it can propose
amendments. Thus, the Senate also shares in the power of the purse.
REVIEW
1. Define: hopper, Senate bill clerk, public bill, private bill, resolution, and
elastic clause.
2. What are the three most common kinds of bills introduced in Congress?
3. Why is Congresss 18th power often called the elastic clause?
Select Committees
Congress occasionally sets up temporary committees, known as select com-
mittees, to investigate special problems. Both the House and the Senate have
the power to abolish select committees or create new ones. In 1892, the Senate
established the Committee on Canadian Relations. In 1921, the Senate abol-
ished the committee. In 1975, the House abolished the controversial Commit-
tee on Un-American Activities (HUAC), which gained much publicity during
the late 1940s and 1950s for investigating alleged Communist influence in
Hollywood.
In 1973, the Senate created the Select Committee on Presidential Campaign
Activities to investigate the emerging Watergate scandal during the administra-
tion of President Richard Nixon. Chaired by Senator Sam Ervin, a Democrat
from North Carolina, the committee heard testimony from John Dean, the for-
mer White House counsel, who implicated himself, Nixon, and the presidents
top aides in criminal behavior. Ervins committee later discovered that Nixon
had many of his personal conversations at the White House secretly recorded on
tape. The subsequent release of the tapes revealed that Nixon had participated
in the Watergate cover-up. This revelation led to his resignation.
In 1976, the House established the Select Committee on Assassinations,
which reexamined the assassinations of President John F. Kennedy in 1963
and the civil rights leader the Rev. Dr. Martin Luther King Jr. in 1968. The
committee was created in response to growing public suspicions that both
Kennedy and King were assassinated as the result of conspiracies and not just
Former Nixon White House Counsel John Dean prepares to testify under oath
before members of a Senate select committee investigating the Watergate
affair.
42389 199-240 r7sp.qxp 12/24/09 5:34 PM Page 229
the victims of lone assassins. In 1979, the committee issued a report that reaf-
firmed the basic conclusions of previous investigations, but added that there
may have been conspiracies behind the assassinations of Kennedy and King.
Joint Committees
A committee that is composed of members of both the House and the Senate
is called a joint committee. Congress currently has four permanent joint
committees: the Joint Economic Committee, which studies economic issues;
the Joint Taxation Committee, which studies tax-related issues; the Joint
Committee on the Library, which oversees the administration of the Library
of Congress; and the Joint Committee on Printing, which oversees the Gov-
ernment Printing Office.
REVIEW
1. Define: standing committee, select committee, subcommittee, and joint
committee.
2. Why was it necessary for Congress to establish committees and subcom-
mittees?
3. What are two types of committee actions that could kill a bill?
The C-SPAN channel broadcasts the final vote tally as Congress passes
historic legislation to bail out the troubled financial industry.
Today, Americans who wish to see how the House of Representatives and the
Senate work no longer have to visit Washington, D.C., and sit in the visitors
gallery of both houses. They can simply turn to C-SPAN, which is available on
all cable systems.
The Cable-Satellite Public Affairs Network (C-SPAN) first went on the air in
1979, broadcasting sessions of the House of Representatives and the Senate
in their entirety. The service soon became popular, and millions of Americans
often tuned in to see their lawmakers at work. Many viewers of different
political viewpoints appreciated C-SPANs political neutrality since it provides
unfiltered, gavel to gavel coverage of the House and Senate instead of the
brief sound bites that are typical of many television news programs.
C-SPAN eventually expanded into three separate channels. In addition to the
sessions and committee meetings of the House and Senate, C-SPAN offers
news coverage, discussions of noteworthy books, live coverage of important
events, including the meetings and press conferences of many liberal and
conservative activist organizations.
C-SPAN is financed exclusively by the nations cable companies as a public
service. C-SPAN receives no government funding or any advertising revenue
from corporations.
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House
In the House, all 435 members are rarely present at the same time. In order to
conduct business, the Committee of the Whole must be present. The Com-
mittee of the Whole is a device that comes into existence when at least 100
members are present in the House chamber. Once the committee is estab-
lished, the House may conduct its day-to-day business.
The House begins by debating a bill. Members are permitted to speak for a
short period of time, usually a few minutes. After the debate is concluded, the
reading clerk of the House of Representatives reads the text of the entire bill.
During the reading, members may propose amendments to the bill. The rules
of the House specify that any amendments must be relevant to the subject
covered by the bill. For example, a member cannot introduce an amendment
that increases criminal penalties for bribing federal judges to a bill on farm
subsidies. House members, as the Committee of the Whole, approve or reject
each amendment.
In order for a vote to take place on the entire bill, a quorum, a simple
majority of the total House membership, 218, must be present in the chamber.
House members then vote on the bill.
Senate
In the Senate, the majority leader sets the schedule for voting on bills that
have been approved by committee. Senators debate the proposed legislation
and can introduce any amendments. Unless a limit is agreed to in advance,
senators can speak for as long as they want. In order to delay or prevent the
passage of a bill, a group of senators may engage in a filibuster (to speak
continuously). Senators may speak on any subject even if it is not relevant to
the bill. In fact, some senators have read names out of a telephone book. A fil-
ibuster may be stopped through cloture, the vote of three-fifths of the Sen-
ate, or 60 senators. The current record for the longest filibuster by one senator
is held by Senator Strom Thurmond of South Carolina. In 1957, he spoke for
24 hours and 18 minutes in his effort to block the 1957 Civil Rights Act,
which eventually passed.
When recognized by the president of the Senate (the vice president or the
president pro tem), a senator can make a motion to vote on a bill. If at least one-
fifth of the senators present second the motion, a vote is ordered. Like the House,
a quorum must be present in the Senate before a formal vote can take place.
Conference Committee
The House and the Senate may pass different versions of the same bill. In order
to produce the exact same bill, a small group of Senate and House members
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REVIEW
1. Define: Committee of the Whole, quorum, filibuster, conference commit-
tee, and cloture.
2. Explain the differences between how the House and the Senate debate bills.
3. How do the House and the Senate resolve differences after passing the same
bill?
Senate at the time. Long was the chairman of the powerful Senate Finance
Committee. All bills concerning taxes had to pass through his committee.
advised him against a filibuster, believing that the bill would be rejected. The
lobbyists were incorrect in their estimate, and S. 790 passed by a 51 to 44 vote.
In the House, the bingo bill had to be passed once more, this time with the
Senates rider attached. The House Rules Committee rushed it to a final vote, and
it passed. Despite his earlier veto threat, President Carter signed this bill into law.
REVIEW
1. Define: pork barrel, rider, and logrolling.
2. In your opinion, is it a good idea that riders can be added to bills? Explain.
3. Does logrolling always result in pork barrel projects? Explain.
CHAPTER 11 REVIEW
Multiple-Choice Questions
1. The most common type of bill that Congress considers is a (a) private bill
(b) public bill (c) joint bill (d) committee bill.
2. How many specific powers does Article I, Section 8, of the Constitution
give to Congress? (a) none (b) ten (c) 18 (d) unlimited number
3. The Constitutions elastic clause is also known as the (a) banking clause
(b) taxation clause (c) commerce clause (d) necessary-and-proper clause.
4. What is responsible for killing most bills introduced in Congress? (a) the
committee process (b) the presidents vetoes (c) public opinion (d) the
Supreme Court
5. What is one way a committee chairman or chairwoman can kill a bill?
(a) by sending it to another committee (b) by pigeonholing it (c) by ask-
ing the Supreme Court to declare it unconstitutional (d) by asking the
president to veto it
6. What type of committee investigated the Watergate scandal? (a) standing
committee (b) subcommittee (c) joint committee (d) select committee
7. The process of senators speaking continuously in order to delay or defeat
a bill is called (a) filibuster (b) freedom of speech (c) cloture (d) seniority
system.
8. The device that allows the House of Representatives to conduct its day-to-
day business is (a) Committee of the Majority (b) Committee of the
House (c) Committee of the Whole (d) Committee of the Constitution.
9. The practice of representatives and senators securing government
projects in their districts or states in order to impress voters is called
(a) logrolling (b) pork barrel (c) pigeonholing (d) filibuster.
10. In Congress, a rider is (a) a motion to bring a bill for a full vote (b) a
motion to refer a bill back to a committee for further study (c) an addi-
tional provision attached to a bill (d) a constitutional amendment intro-
duced during the committee process.
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ESSAY
Write an essay describing the process of how a bill becomes law.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
Historical Context: The leaders of the House of Representatives and the Sen-
ate play major roles in passing and defeating legislation.
DOCUMENT 1
DOCUMENT 2
DOCUMENT 3
With the greatest of harmony, and out of a recognition, I think, that the
Senate is a two-way street, and if the two leaders do not get along, then
very easily, through [delaying] motions and otherwise, it could be ren-
dered into a shambles and you wouldnt get anything done. I could take
a half a dozen or a dozen people on our side, if we set ourselves to it,
and conduct a filibuster and just withhold action on legislation week
after week, but every Senator is a patriot, he is devoted to the well-being
of his country, and in consequence the Senate program has to move
along. You cant afford to have it stalemated at some place. And so the
leaders have got to understand each other, and [Senate Majority Leader]
Lyndon Johnson and I always understood each other, even though we
did disagree sharply on many things, but in the best of grace.
Everett Dirksen, Republican from Illinois,
Senate minority leader, interview on
Meet the Press, March 5, 1961
3. According to Senator Dirksen, what type of relationship should the minor-
ity leader party have with the majority leader in the Senate?
A flowchart provides information in a succinct, visual way that makes the infor-
mation easy to understand. It provides a sequential overview. Making a flowchart
as you study can help you organize and better understand the information. The
flowchart below shows the steps in a process.
A. Study the flowchart and then answer the questions that follow.
Nomination by President
Vote by Senate
1. What process does the flowchart show? How can you tell?
2. What is the first step in the process as shown in the flowchart?
3. What is required to confirm the appointment?
4. Why are there two boxes at the bottom of the flowchart?
5. Why is a flowchart an effective way to present this information?
6. Suppose you were studying for an exam covering the confirmation
of federal appointees. How could creating a flowchart help you
understand the information in the text and prepare for the exam?
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UNIT VI
THE MAKING OF
DOMESTIC AND
FOREIGN POLICY
At the Annapolis Conference in 2007, President George W. Bush met with Israeli
Prime Minister Olmert, Palestinian President Abbas, and other leaders to develop
a two-state solution for the Israeli-Palestinian conflict.
I
n the United States, the federal government makes public policy
through the interaction of the president, Congress, and the
Supreme Court. The chapters in this unit discuss domestic and
foreign policy.
Chapter 12 examines the Cabinet departments, their subsidiary
agencies, and independent agencies in the executive branch that make
domestic policy. The president appoints the Cabinet secretaries and
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other top officials, while many staffers are career civil service employ-
ees. Congress appropriates funding for the departments and agencies.
Chapter 13 discusses how the federal budget is passed every year.
Often, the president and Congress have sharply contrasting ideas
about budgetary priorities and must compromise in order to finalize a
budget for the nation. You will also learn about taxation and how the
government borrows money to pay its bills, resulting in budget deficits
and a constantly growing national debt.
Chapter 14 covers the formation of U.S. foreign policy. The presi-
dent is largely responsible for setting the nations foreign policy. The
Department of State and the Department of Defense help the president
carry out the diplomatic and military ends of foreign policy. You will
learn how U.S. foreign policy evolved from isolation and neutrality in
the late 18th and 19th centuries to active intervention and inter-
national leadership in the 20th century.
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Chapter 12
Domestic Policy:
Cabinet
Departments
and Independent
Agencies
KEY TERMS
Cabinet attorney independent
executive general regulatory
department independent agency
secretary agency
In terms of personnel and the money it spends, the executive branch is the
largest of the three government branches. The president is the head of a
branch that includes 15 Cabinet departments and their subsidiary agencies.
This chapter discusses how the Cabinet evolved from four departments into
15 departments from 1789 to the present day. The chapter explains what the
departments and independent agencies devoted to domestic policy are
assigned to do by the president who leads them and Congress who regulates
them.
243
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The Cabinet has grown, just as the nation has grown. Today, the president
meets with 15 department heads, instead of the original three and the attor-
ney general. Two of the 15 are mainly concerned with U.S. foreign policy. The
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Attorney General
Besides needing a financial expert to collect taxes and pay the bills, President
Washington needed a legal expert to help him enforce the laws. Therefore, in
September 1789, Congress created the position of attorney general. Washing-
ton named Edmund Randolph as the nations first attorney general.
Stress on Conservation
In the days of the pioneers and the Wild West, the government encouraged
settlers to make free use of land and water resources. After 1900, however, some
people began to realize that overdevelopment could harm the nation: wildlife
could die, rivers might become heavily polluted, and entire forests could disap-
pear. Conservation (the careful use of land, water, and wildlife resources) became
the major concern of the secretary of the interior.
The Interior Department now protects endangered species such as the
spotted owl and the bald eagle (the symbol of the United States) and other
form of American wildlife. The U.S. Department of Fish and Wildlife Service
oversees wildlife refuges, waterfowl protection areas, and fish hatcheries.
The National Park Service, an agency of the Interior Department, adminis-
ters national parks that were created by the federal government. These include
Yellowstone National Park in Wyoming, the Great Smoky Mountains National
Park in North Carolina, and the Cape Cod National Seashore in Massachu-
setts. The Park Service maintains hundreds of scenic parkways, river ways,
seashores, lakeshores, and historic buildings. In Washington, D.C., the
National Park Service administers many of the nations memorials.
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A National Park Service worker steam cleans the Lincoln Memorial. The
monument, in Washington, D.C., is cleaned annually to combat the effects
of air pollution, birds, and grime.
Department of Agriculture
In the 1860s, people were just beginning to understand how important sci-
ence could be to the progress of the nation. At that time, farming was still the
occupation of the great majority of Americans. Using agricultural science and
technology to increase farm production was the main idea behind the cre-
ation of the Department of Agriculture in 1862. Its secretary joined the presi-
dents Cabinet in 1889.
The first goal of the department was to teach farmers scientific ways of
working the land. Farmers were taught advanced methods for growing crops
and saving their livestock from various diseases. With the departments help,
colleges were founded for the purpose of studying agriculture as a science.
Within a 50-year period (18621912), American farmers used the new science
and technology to triple their output of wheat and corn and double their out-
put of cotton and tobacco.
The most prosperous years for farmers were those just before the outbreak
of World War I in 1914. After the war, in the 1920s, farmers still produced huge
crops. But they ran into economic problems as farm income often fell below
farm costs. In other words, farming became, for many, a losing business.
program helps farmers find markets for their crops. Another program pays them
to set aside part of their land for conservation and not plant crops there.
Food Stamps
The Department of Agricultures Food Stamp Program helps individuals or
families with very low incomes. Food stamps are presented at grocery or super-
market checkout counters as if they were money. Food stamps have kept mil-
lions of persons from going hungry or living on unhealthy diets. More than
26 million persons received food stamps in 2008. (When the economy wors-
ens, the number of persons needing food stamps increases.) The federal gov-
ernment pays all of the costs of the food stamp program, but food stamps are
distributed through state and local agencies.
Department of Commerce
Americas businesses were the next group to receive special government serv-
ices and support. In 1903, Congress created the Department of Commerce and
Labor. The secretary who ran the department gave most of his time to helping
business and much less time to helping labor. In 1913, the original department
was split into the Department of Commerce and the Department of Labor.
One of the Commerce Departments chief functions is to collect informa-
tion on the U.S. economy. A fact-gathering agency in the department is the
U.S. Bureau of the Census. Every ten years, the bureau conducts a census, or
count, of the U.S. population. Based on the census, we know the current pop-
ulation of every town, city, county, and state in the nation. We also know
whether the population, on average, is becoming younger or older, whether
the birthrate is rising or falling, and whether women outnumber men, or vice
versa. The census count, as you learned earlier, determines the number of seats
allotted to each state in the House of Representatives.
Department of Labor
The Department of Labor serves the interests of workers. The department
describes its purposes in these terms: to foster the welfare of the wage earners
of the United States, to improve their working conditions, and to advance
their opportunities for profitable employment.
The secretary of labor advises the president on employment-related matters
such as the minimum wage, working conditions, and unemployment insurance.
Another bureau in the department, the Bureau of Labor Statistics, pub-
lishes an annual publication about changes in the labor force. This Occupa-
tional Outlook Handbook gives information about salaries and qualifications for
various kinds of jobs. It can be read on the Internet.
Suppose that you find conditions at your place of business to be unsani-
tary or unsafe. You try to persuade your employer to correct the problem, but
nothing is done. In this situation, a government bureau that might be able to
help is the Occupational Safety and Health Administration (OSHA).
Its main function is to see that employers provide safe and healthy working
conditions for their workers.
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REVIEW
1. Define: attorney general, executive department, Cabinet, and secretary.
2. What were two problems faced by the first secretary of the treasury,
Alexander Hamilton? Do those problems still exist today? Explain your
answer.
3. What does the creation of new Cabinet positions and federal agencies say
about the expanding responsibilities of U.S. presidents over the past 200
years?
In 1947, President Truman signed the National Security Act into law. This
act expanded the nations armed forces and unified them under the Depart-
ment of Defense, which replaced the Department of War. The Department
of the Navy lost its Cabinet status and became a subsidiary agency alongside
the Army and the newly created Air Force in the Defense Department.
In response to the terrorist attacks of September 11, 2001, President George
W. Bush signed legislation into law that created a new Cabinet post, the
Department of Homeland Security, in 2003. This department seeks to deter ter-
rorist attacks in the United States. Existing agencies such as the Federal Emer-
gency Management Agency (FEMA), United States Coast Guard, the
United States Citizenship and Immigration Services, and the United States
Secret Service were transferred to the Department of Homeland Security. In
2005, FEMA received extensive criticism for its slow and incompetent response
to Hurricane Katrina, which devastated New Orleans and areas in nearby states.
The White House failed to realize the damage assessments and discounted
information that ultimately proved accurate.
Earlier presidential involvement [by President Bush] might have resulted in
a more effective response.
Despite adequate warning 56 hours before [Hurricane Katrina made]
landfall, Governor [Kathleen] Blanco [of Louisiana] and Mayor [Ray] Nagin
[of New Orleans] delayed ordering a mandatory evacuation in New Orleans
until 19 hours before landfall.
The incomplete levee breach evacuation led to deaths, thousands of
dangerous rescues, and horrible conditions for those who remained.
Federal, state, and local officials failure to anticipate the levee breach
conditions delayed levee breach evacuation and support.
Embarrassed by their collective failures, federal, state, and local officials
then sought to redeem themselves by concentrating on the rebuilding of New
Orleans and hoping that they will be better prepared in the future.
Once an agency of the Department of the Treasury, the Secret Service pro-
tects the president and other important government officials. At personal risk,
Secret Service agents have saved Presidents Gerald Ford (twice in 1975) and
Ronald Reagan (in 1981) from being killed by assassins. The Secret Service also
has the responsibility for investigating criminals who produce and distribute
counterfeit dollars and treasury bonds.
A secretary who runs each department serves in the presidents Cabinet. The
following departments were added to the Cabinet after World War II: Defense,
1947; Housing and Urban Development (HUD), 1965; Transportation, 1967;
Energy, 1977; Education, 1979; Health and Human Services, 1979; Veterans
Affairs, 1989; and Homeland Security, 2003.
The Secret Service scurries to protect President Gerald Ford after a gunshot is
fired at him during a trip to San Francisco on September 22, 1975.
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drugs that the FDA previously approved were withdrawn from the market
after problems surfaced with them.)
867-53-0900
HAS BEEN ESTABLISHED FOR
Patricia Pearce
SIGNATURE
FOR SOCIAL SECURITY AND TAX PURPOSESNOT FOR IDENTIFICATION
Medicaid
A program known as Medicaid is frequently confused with Medicare. But
Medicaid is not an insurance program. It is for low-income Americans. A per-
son who is too poor to pay the expenses of a doctor or a hospital may apply for
Medicaid. If the person qualifies, the federal government and the state in
which the person lives will jointly pay part or all of the persons medical-care
costs. More than 49 million people received Medicaid benefits in 2007.
Department of Transportation
In 1966, the Department of Transportation (DOT) was added to the Cabinet.
The DOTs mission statement reads, The national objectives of general wel-
fare, economic growth and stability, and the security of the United States
require the development of transportation policies and programs that con-
tribute to providing fast, safe, efficient, and convenient transportation at the
lowest cost consistent with those and other national objectives, including
the efficient use and conservation of the resources of the United States.
Department of Energy
The 1973 oil embargo by the Organization of Petroleum Exporting Countries
(OPEC) created economic difficulties in the United States. The U.S. economy
experienced a recession, and the price of gasoline increased substantially.
Gasoline shortages forced the government to enact a rationing program and
impose price controls. Long lines at gasoline stations were common. Many
Americans realized that their heavy dependence on oil from the Middle East, a
politically troubled and strife-torn region, made them vulnerable.
In 1977, President Jimmy Carter signed legislation that created a new Cab-
inet post, the Department of Energy (DOE). The department promotes energy
conservation and promotes research into new sources of energy.
Nuclear Energy
The splitting of a single atom releases vast amounts of energy. But can such
energy be made available without major risks? DOE is looking for ways to
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increase the safety of the more than 100 nuclear power plants that currently
operate in the United States.
Department of Education
Millions of students benefit from the Department of Educations work. In our
system, state and local government have traditionally had complete respon-
sibility for hiring public school teachers and principals and deciding what
courses should be taught. The federal government has aided local schools by
providing funds for certain purposes.
Congress has authorized money for certain types of school programs.
Some that have received federal aid are for the education of handicapped chil-
dren, non-English-speaking children, and others who need special help with
the English language.
In 2001, at the initiative of President George W. Bush, Congress passed
legislation aimed at improving the quality of public education in the United
States. The No Child Left Behind Act set higher standards for public educa-
tion. It established national test requirements and held schools responsible for
students achievement. This law greatly increased the federal governments
involvement in education.
The Department of Education allocates funding for programs that seek to improve the
quality of public schools.
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REVIEW
1. Define or identify: FDA, VA, HUD, DOT, and FAA.
2. What two major events in the 20th century led to the expansion of govern-
ment?
3. Why do you think President George W. Bush created a separate Depart-
ment of Homeland Security in 2003 when there was already a Department
of Defense?
other people living near its banks. The TVA built a series of dams along the
rivers many branches, stopping it from flooding. Now boats for commerce
and for pleasure could travel safely over the Tennesses entire length. The
TVAs dams and power plants brought electricity into peoples homes. Soon
the region sprang to life.
Today, the TVA is a government-owned corporation. It sells electric power
to the people of seven states. The TVAs managers try to run the corporation as
a profit-making business. The TVA pays state and local taxes.
9
Minneapolis Cleveland
1
2 Boston
Chicago
12 7 3 New York
Kansas City 4
Philadelphia
San Francisco 10 St. Louis Board of
5 Governors
8
11 Richmond
Dallas Atlanta
6
Puerto Rico
is served by the
Alaska and Hawaii New York District
are part of the
San Francisco District
What does the cartoonist believe is former Federal Reserve Chairman Alan Greenspans
solution for the ailing American economy?
42389 241-318 r6sp.qxp 12/24/09 5:39 PM Page 262
to borrowers with poor credit ratings), housing prices slumped and homeown-
ers fell behind on their payments. When banks foreclosed on these homes,
they found themselves saddled with too many properties that nobody wanted
to buy.
In March 2008, Secretary of the Treasury Henry M. Paulson Jr. announced
that the government would guarantee loans made by the investment bank
Bear Stearns, one of the nations largest underwriters of mortgage bonds. This
move did little to defuse the growing crisis. The Federal Deposit Insurance
Corporation (FDIC) had to step in to guarantee deposits in several failing
banks. Prominent investment bank Lehman Brothers suffered huge losses in
the mortgage market and slipped into bankruptcy. Hoping to stem the tide,
the Treasury Department spent billions to rescue the nations largest mortgage
buyers, Fannie Mae and Freddie Mac, and insurance titan American Inter-
national Group (AIG).
In September, Congress loosened its purse strings further. After adding
a number of special-interest incentives, the House and Senate approved a
450-page, $700 billion bailout bill known as the Troubled Asset Relief
Program (TARP). The law directed Secretary Paulson to use the funds to
encourage financial institutions to lend money more freely. After releasing
$350 billion to several different banks, however, the treasury was criticized for
failing to require the banks to account for how they were spending the pub-
lics money.
At the same time, the auto industry began facing its own financial crisis. A
reluctant Congress agreed on a $14 billion rescue strategy to stimulate job cre-
ation in the industry. Added to the other new commitments that seemed to
surface almost daily, bailout costs soared to $8.5 trillionhalf of the nations
yearly economic output. As job losses mounted and the recession deepened,
Americans tightened their belts and waited for the next act in this high-stakes
drama.
In the first weeks of 2009, Barack Obama proposed Congress pass a $1
trillion economic stimulus package. But he warned Americans of the trillion-
dollar deficits that would burden the nation for the first years of his
administration. He spoke also of increased oversight of the bailout, and
a more hands-on approach to distributing the second half of the bailout
money.
The NTSB is responsible for investigating all accidents involving civilian aircraft such as
this corporate jet that skidded off a runway at Teterboro Airport in New Jersey in 2005.
National Archives
Peace Corps
Selective Service
REVIEW
1. Define: independent regulatory agency.
2. Describe the functions of the Social Security Administration (SSA).
3. Name and describe the functions of three independent regulatory agencies.
How are they independent?
CHAPTER 12 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The presidents Cabinet is an advisory body (a) responsible only to the
president (b) established in the Constitution (c) immune from having
to testify before Congress (d) whose members do not need Senate confir-
mation.
2. Which Cabinet position did not exist during George Washingtons presi-
dency? (a) State (b) War (c) Treasury (d) Agriculture
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3. The U.S. Bureau of the Census is part of the Department of (a) Commerce
(b) State (c) Transportation (d) Labor.
4. All of the following agencies belong to the Department of the Interior,
except (a) Bureau of Land Management (b) Bureau of Indian Affairs
(c) National Park Service (d) Tennessee Valley Authority.
5. Which president named the first woman to serve in the Cabinet? (a) Abra-
ham Lincoln (b) Franklin Roosevelt (c) Lyndon Johnson (d) Ronald Reagan
6. The most recent department to be added to the Cabinet is (a) Health and
Human Services (b) Housing and Urban Development (c) Energy
(d) Homeland Security.
7. Which agency is responsible for a safe food supply? (a) FDA (b) FHA
(c) FAA (d) FCC
8. The key factor for the rise in postage stamps from 12 cents in 1970 to 44
cents in 2009 is (a) Congress has needed extra revenue to offset military
expenditures (b) the law requires the Postal Service to collect enough rev-
enue to cover its costs (c) Congress has not allowed the Postal Service to
become a public corporation (d) the rate of inflation increased from 1970
to 2009.
9. Which agencys policies determine how much money U.S. banks are
likely to lend to businesses and individuals? (a) Federal Reserve System
(b) Federal Trade Commission (c) Securities and Exchange Commission
(d) Consumer Product Safety Commission
10. Nuclear power plants in the nation are supervised by (a) Department of
Defense (b) Department of Homeland Security (c) Department of the
Interior (d) Department of Energy.
ESSAY
Based on what you read in this chapter and your knowledge of government,
do you believe independent regulatory agencies are more effective in carrying
out their duties than agencies that belong to departments in the Cabinet, or is
there no real difference? Write an essay explaining your response.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents along with additional information based on your knowledge
of U.S. government.
DOCUMENT 1
DOCUMENT 2
Today a hope of many years standing is in large part fulfilled. The civi-
lization of the past hundred years, with its startling industrial changes,
has tended more and more to make life insecure. Young people have
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come to wonder what would be their lot when they came to old age.
The man with a job has wondered how long the job would last.
This social security measure gives at least some protection to thirty mil-
lions of our citizens who will reap direct benefits through unemployment
compensation, through old-age pensions and through increased serv-
ices for the protection of children and the prevention of ill health.
We can never insure one hundred percent of the population against
one hundred percent of the hazards and vicissitudes of life, but we have
tried to frame a law which will give some measure of protection to the
average citizen and to his family against the loss of a job and against
poverty-ridden old age.
President Franklin Roosevelt, speech announcing the signing
of the Social Security Act into law, which created the
Social Security Administration, August 14, 1935
2. Why does the president believe that the elderly require protection?
DOCUMENT 3
The eighth principle [of our national energy policy] is that government
policies must be predictable and certain. Both consumers and producers
need policies they can count on so they can plan ahead. This is one rea-
son I am working with the Congress to create a new Department of
Energy, to replace more than 50 different agencies that now have some
control over energy.
President Jimmy Carter, televised speech, April 18, 1977
3. According to President Carter, how would a Department of Energy serve
energy consumers and producers?
Task: Using the documents and your knowledge of U.S. government, write a
well-organized essay with an introduction, several paragraphs, and a conclu-
sion discussing how presidents have justified the creation of new depart-
ments, agencies, and government programs.
42389 241-318 r6sp.qxp 12/24/09 5:39 PM Page 268
A. Read the information below and then follow the directions to complete
the chart.
Within the executive branch, there are executive departments and indepen-
dent agencies. Each head of an executive department is headed by a mem-
ber of the presidents Cabinet. These departments are established to address
specific interests and needs. Independent agencies are also part of the exec-
utive branch, but they are not part of any Cabinet departments. While the
president exercises some control over the independent agencies, each stands
on its own. Government corporations are not part of a federal depart-
ment. They can work independently from the authority of the executive
branch. Government corporations exercise functions that could be exercised
within the private sector. A government corporation provides a market-ori-
ented public service. It must produce revenues that meet or approximate its
expenditures. In setting up these corporations, Congress determined that
such agencies should have a tie to the federal government rather than operate
entirely independently of the government.
Executive-Branch Organizations
Executive Departments Independent Agencies/Government
Corporations
Department of:
Here are some Web sites you could look up to research this topic:
www.whitehouse.gov/government/independent-agencies.html
www.loc.gov/rr/news/fedgov.html
Chapter 13
Domestic Policy:
The Bureaucracy
and the Budget
KEY TERMS
spoils system regressive tax national sales
civil service estate tax tax
bureaucracy gift tax bond
red tape balanced budget deficit
budget budget national debt
progressive tax flat tax budget surplus
Most Americans are troubled by the fact that despite all of the money the
federal government collects every year, it often fails to pay for all of its
expenses. This chapter discusses how government employees get their jobs,
how the federal bureaucracy is organized, and how the federal government
collects revenue through taxation and formulates a budget for the nation
every year.
270
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tion. If you belonged to the party in power, you could hope to get a govern-
ment job. If not, you had no chance.
Jackson and others thought the spoils system was fair and democratica
good way to reward party workers. Also, because of the rapid turnover of jobs,
it gave many citizens an opportunity to be in government service.
There was one major question about the spoils system, however. Were
party workers qualified to carry out their duties? Many were, but many others
were not. After the Civil War, scandals connected with the civil service became
a major issue. But nothing was done until a tragedy occurred. In a Washing-
ton, D.C., railroad station in 1881, President James Garfield was shot by an
assassin. The killers motive was revenge for not having been appointed to a
federal job after Garfield took office.
In 1883, Congress passed civil service reform, which was signed into law
by Garfields successor, President Chester A. Arthur. This system required
applicants for certain federal jobs to take a test. Those who scored highest on
the test would be hired. Thus, a persons competence and not his or her poli-
tics became the chief requirement for being placed in a government job.
The reform of 1883 affected only a few hundred jobs. Most jobs were still
filled through party politics. Over time, however, the original civil service law
was amended. Today, it covers all lower- and middle-level jobs. In other
words, civil service jobs are filled strictly on the basis of merit.
Today, only the top jobs in government such as Cabinet secretaries and
agency directors are appointed by the president. The presidents choices for
these jobs are still guided by party politics. Republican presidents usually
choose Republicans for the top jobs while Democratic presidents tend to
choose Democrats.
REVIEW
1. Define: civil service and spoils system.
2. What is the purpose of civil service exams? In your opinion, is there any
disadvantage to using civil service exams? Explain.
Under Secretary Under Secretary Under Secretary Under Secretary Under Secretary Under Secretary Under Secretary
for Natural for Farm and for Rural for Food, for Food Safety for Research, for Marketing
Resources and Foreign Development Nutrition and Education and and Regulatory
Environment Agriculture Consumer Economics Programs
Services Services
Forest Service Farm Service Rural Utilities Food and Food Safety Agricultural Agricultural
Natural Agency Service Nutrition and Inspection Research Marketing
Resources Foreign Rural Housing Service Service Service Service
Conservation Agricultural Service Center for Cooperative Animal and
Service Service Rural Nutrition Policy State Plant Health
Risk Business and Promotion Research, Inspection
Management Cooperative Education and Service
Agency Service Extension Grain
Service Inspection,
Economic Packers and
Research Stockyard
Service Administration
National
Agricultural
Library
National
Agricultural
Statistics
Service
Below the secretary is the deputy secretary. Six top officialsthe chief
information officer, chief financial officer, inspector general, director of execu-
tive operations, director of communications, and the general counselserve
the department as a whole. The director of communications writes press
releases and handles inquiries from the media. Seven undersecretaries admin-
ister the departments 19 agencies. The department also has three assistant
secretaries, who are responsible for congressional relations, administration (pro-
viding management to the department in order to help it meet its needs, carry
out its policies, and accomplish its goals), and civil rights (ensuring that the
departments employees do not encounter any kind of discrimination).
A certain amount of red tape seems to be a fact of life in all large organiza-
tions (businesses as well as government agencies). Can at least some of it
be reduced by simplifying an agencys paperwork and streamlining its man-
agement? Many presidents have tried to reform and simplify the federal
bureaucracybut with little success.
REVIEW
1. Define: bureaucracy and red tape.
2. According to the organizational chart on page 273, which agencies in the
Department of Agriculture does the Under Secretary for Rural Develop-
ment supervise?
3. How does red tape obstruct government operations?
Federal Budget
Paying for government services costs a lot of money. How much should we
pay for these services? The president and Congress share responsibility for
answering two questions about government money: (1) How many billions of
dollars need to be spent for different purposes? and (2) Where is all the money
for these expenditures going to come from?
Every year these questions are answered in a budget, a detailed, written
plan outlining the spending and collecting of money. Every institution uses a
budget of some kind to manage expenses. Businesses draw up budgets, as do
schools, churches, clubs, and families. But by far the largest budget is the one
for the U.S. government, which totaled nearly $3.6 trillion in 2010.
Budget Preparation
Preparing the federal budget is a long and complicated process. First, a book-
length proposal is drafted at the White House. The person chiefly responsible
for creating this proposal is the director of the Office of Management and Bud-
get (OMB).
In January, the deadline arrives for printing the full budget proposal. It
comes to about 1,000 pages. The budget begins with the presidents message
to Congress explaining the proposal.
Other
12.8%
Medicare/Medicaid
20.1%
Interest
7.9%
Social Security
20.8%
Defense
38.4%
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Budget Office (CBO), providing the same function for Congress that the OMB
performs for the president. They give expert help in the budget-making
process.
Members of Congress feel the pressure to spend money even more strongly
than the OMB director. Lobbyists, political activists, and special-interest orga-
nizations watch their every move. Labor unions, for example, might oppose
any budget cuts that would weaken the Department of Labor. Conservation
groups fight any move to take money away from their favorite programs in the
Department of the Interior. Veterans groups protest strongly if any bill pro-
poses cutting back benefits for veterans. Farmers groups argue that certain pro-
grams in the Department of Agriculture must receive more funding, not less.
Every item in the federal budget benefits one group, while any cut likely
displeases another group.
September 30 is the absolute deadline for making a decision about the
budget. It is the last day of the U.S. governments fiscal year. The old budget
the one voted upon the previous yearis good for only one fiscal year. After
the last day of the fiscal year, no more money may be spent by any agency
until a new budget is approved. Usually, Congress is working hard on the
budget through the last week of September. Finally, a budget of some kind is
passed and sent to the White House for the presidents signature.
The new fiscal year begins October 1. If Congress does its work, every fed-
eral agency will have sums of money to spend under the new budget. In 1995,
however, Congress failed to produce a budget that President Clinton would
sign. On October 1, the government did not have a budget. The government
was forced to utilize emergency spending measures in order to pay operating
costs and salaries for essential services while the budget was still being negoti-
ated. Many nonessential government offices temporarily closed.
tax is a type of progressive tax, with different tax brackets for people making
different incomes.
Other progressive taxes are the estate tax and gift tax. The estate tax is
collected after a person dies. Before the persons property (house, car, and
other assets) can be turned over to the children or other heirs, the government
may tax a percentage of the money value of the property. If a person chooses
to give away a house, car, or other assets before he or she dies, then he or she
may have to pay a gift tax.
Government Receipts
At the end of its fiscal year, the government adds up all the taxes and fees that
it has collected. Only then can it know whether or not its revenue is enough
to pay all expenses for the year.
Under a flat tax, all incomes would be taxed at the same rate. For
example, a chief executive officer (CEO) of a large, multinational corporation
would pay the same rate, say 10 percent, as a worker earning minimum wage.
The flat taxs proponents argue that it would greatly simplify the tax system,
encourage savings, promote economic expansion, and end class warfare. By
contrast, critics believe that the flat tax will not result in the revenue that the
government needs to maintain its level of spending. As a consequence,
opponents of the flat tax argue, the government would be forced to set a high
tax rate, make drastic cuts in vital services, or a combination of both.
The national sales tax would impose a tax on most goods (exempting
food and medicine) and services sold in the United States. Supporters of this
system believe it would encourage savings, affect those who choose to spend
their money, and even eliminate the tax burden for many people. The plans
critics believe it would discourage consumer spending that is needed for
economic growth and also fail to provide the government with the revenues it
needs.
Despite all of the complaints the present tax system generates, no plan to
overhaul or replace the personal income tax system has ever received enough
support to win the approval of Congress.
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REVIEW
1. Define: federal budget, progressive tax, regressive tax, flat tax, and national
sales tax.
2. Compare and contrast the Office of Management and Budget (OMB) with
the Congressional Budget Office (CBO).
3. Describe four basic ways the federal government raises revenue to pay its
expenses.
Government Bonds
The government borrows the money it needs by selling bonds to the Ameri-
can public and to foreign investors. A bond is a promissory note issued by the
government that pledges to repay the person who buys it with interest. In
other words, if you bought one of its bonds, you would actually be lending
money to the government.
The government promises to pay back the face value of the bond with
interest after a certain period of time, or when it matures. The government
sells several different types of bonds for borrowing. Some mature in a short
period of only 30 days. Others are for a longer periodfive, ten, even 20 years.
The government guarantees that holders of bonds will be repaid when
their bonds mature. Corporations also make similar promises when selling
their bonds. But the federal government is thought to be more reliable than
any corporation in paying its debts. Thus, buying government bonds is a solid
and practically risk-free investment.
Budget Deficits
Why does the national debt keep growing? The simple explanation is that
government has great difficulty balancing its budget. Members of Congress
are hesitant to raise taxes and/or cut vital programs, both of which are unpop-
ular with voters. Congress prefers to cut taxes and increase spending for popu-
lar government services and programs. Thus, the government finds it must
borrow moreand add to its total debtbecause its total expenses exceed its
total tax income. The budget gap between expenses and receipts is called the
budget deficit.
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National Debt
The U.S. government is in debt to the millions of peopleboth Americans
and foreignerswho buy its bonds. The money that the government owes is
called the national debt. The size of the debt keeps increasing. In 1940, it
was $50 billion. In 1950, after heavy borrowing to fight World War II, the debt
climbed to more than $250 billion. As of 2009, the national debt was over $11
trillion.
From the 1980s into the mid-1990s, the national debt increased over five
times, to more than $5 trillion. Then for several years in the late 1990s and
early 2000s, there was a small budget surplus. But from 2001 on, the budget
was once again unbalanced, meaning there was a deficit. Some economists
looked at the deficit fearfully, as if it were some all-devouring monster threat-
ening our way of life. By contrast, other economists thought the danger posed
by deficits was exaggerated.
could boost the economy by increasing the demand for goods and services.
During the Great Depression, President Franklin Roosevelt implemented
many of Keyness ideas to improve the economy.
Other economists believe that deficits might cause inflation and under-
mine economic growth in the long-term because the government might be
forced to substantially raise taxes to pay its bills.
A Balanced Budget?
Many experts insist that budgets must be balanced, or the cumulative effect of
deficits will cause the nation great economic difficulties in coming decades. A
number of politicians, economists, and activists have called for the passage of
a law andeven a constitutional amendmentthat would force the federal
government to balance its budget. Critics, however, charge that such a law
could force the government to raise taxes and cut spending on defense and
other popular programs such as Social Security and Medicare.
During the 1990s, the combination of increased revenues and a growing
economy under President Clinton and reduced spending by a Republican-
controlled Congress eliminated the budget deficit and resulted in the first
budget surplus in decades.
Under President George W. Bush, however, the deficit returned in 2002.
The government cut taxes, and receipts fell. After the terrorist attacks of
Why does the cartoonist use a sponge cartoon character to represent how the stimulus
money reaches everyday consumers?
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September 11, 2001, spending soared for antiterrorism efforts at home and
wars in Afghanistan and Iraq.
The Emergency Economic Stabilization Act of 2008 was enacted to bail
out the U.S. financial system. In early 2009, in response to the continued eco-
nomic downturn, Congress passed the American Recovery and Reinvestment
Act. It called for spending of almost $800 billion to provide a stimulus to the
U.S. economy. This stimulus spending exceeded the Defense Department's
entire budget. The acts hundreds of provisions touched many aspect of Amer-
ican lifeincluding workers paychecks and unemployment benefits, educa-
tion budgets from kindergarten through college, conversion to electronic
health records, and road and bridge construction. Not since the Great Depres-
sion had Congress so dramatically expanded and redefined the governments
role in the economy, all in one enormous and complex act.
REVIEW
1. Define: bond, national debt, budget surplus, and budget deficit.
2. Why do some economists say that budget deficits are good and other econ-
omists say that budget deficits are bad?
CHAPTER 13 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. Which one of the following statements is true? (a) The president has the
right to fill all jobs in the executive branch of government. (b) Congress
approves the hiring of all federal employees. (c) All employees of the fed-
eral government must pass a civil service test. (d) All low- and middle-
level federal jobs are filled according to results on civil service tests.
2. The assassination of President James Garfield in 1881 led to (a) civil
service reform (b) the establishment of the spoils system (c) the end of the
spoils system (d) the end of the civil service system.
3. Which term applies to any large organization whose work is performed at
different levels of responsibility? (a) civil service (b) red tape (c) bureau-
cracy (d) spoils system
4. The Office of Management and Budget (a) prepares the annual budget
proposal that the president sends to Congress (b) administers the Con-
gressional Budget Office (c) resolves differences between Senate and
House versions of the federal budget (d) insures that budget money allo-
cated for a specific purpose is used for that purpose.
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ESSAY
Write an essay describing how you, as president, would balance the federal
government in your first term. Would you raise income and business taxes,
cut government spending, or a combination of all three? How would the vot-
ers react to your decisions?
Document-Based Question
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents along with additional information based on your knowledge
of U.S. government.
Historical Context: While they hate paying taxes, most Americans realize
that taxes are necessary to support the government and many of the services it
provides.
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DOCUMENT 1
DOCUMENT 2
DOCUMENT 3
DOCUMENT 4
8. Use the data below to create a pie graph. Provide a title for your
graph. In your graph, show the projected federal income in 2009:
Chapter 14
U.S. Foreign
Policy
KEY TERMS
foreign policy National Monroe
weapons of Security Agency Doctrine
mass destruc- (NSA) Good Neighbor
tion (WMD) freedom of the Policy
Joint Chiefs of seas Open Door
Staff preemptive war Policy
National diplomacy superpower
Security Council ambassador containment
(NSC)
embassy cold war
intelligence
summit mutual defense
counter- pact
consul
intelligence
consulate NATO
Central
neutrality OAS
Intelligence
Agency (CIA) isolationism EU
On the world stage, the United States is often defined through its foreign pol-
icy, its relations with other countries. The Constitution gives the president
considerable power in shaping United States foreign policy, but that power is
checked by Congress. In this chapter, we will discuss the role of the executive
branch in formulating the nations foreign policy and what goals that policy
seeks to achieve. We will also study the role of diplomacy between the United
States and other nations and how foreign policy changed from neutrality to
intervention from the time of President George Washington to the present.
287
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Long-Term Goals
Four goals have guided the making of U.S. foreign policy since the beginning
of our history:
1. Peace. If it possibly can, the U.S. government will avoid going to war with
other nations. By their nature, wars are costly and destructive. Therefore,
preserving peace is an important goal.
2. Prosperity. Naturally, Americans want a strong and growing economy that
supplies plenty of jobs. In part, such prosperity depends on trading with
other countries. The United States wants to make sure that it can buy all
that it needs (such as oil, coffee, and other commodities) from foreign
sources. It also wants businesses and farms to sell large quantities of
American-produced goods in foreign markets.
3. Security. Bordered by two oceans, the United States has been fortunate. It
has been attacked only twice by a foreign nation and once by terrorists
After stepping off Air Force One during his historic visit to China in 1972,
President Richard Nixon extends his hand to Chinese Premier Chou
En-lai. Nixons visit helped improve relations with Communist China.
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who were protected by a foreign nation. During the War of 1812, the
British captured Detroit and inflicted extensive damage to the cities of Buf-
falo and Washington, D.C., the nations capital. On December 7, 1941, the
Japanese attacked the U.S. Pacific naval fleet at Pearl Harbor in Hawaii,
which was then an American territory. On September 11, 2001, terrorists
flew hijacked airplanes into the World Trade Center in New York City and
the Pentagon near Washington, D.C. (A fourth hijacked airliner crashed in
Shanksville, Pennsylvania, after its passengers fought back against the ter-
rorists.) After the attacks, the United States tightened security at all U.S. air-
ports, harbors, and borders. In October 2001, the United States attacked
Afghanistan, which was controlled by an extremist group of Islamic clerics
known as the Taliban. Afghanistans Taliban government protected the ter-
rorist leader Osama bin Laden, who had orchestrated the attacks, allowing
him to use the country as a base of operations.
4. Freedom. The U.S. government is committed to the freedom of its own
citizens. However, it is also concerned about the freedom of people outside
its borders. Working with other nations and the United Nations (UN), the
United States does what it can to promote democracy and human rights.
Ideally, the United States would like to craft a foreign policy that serves all
four goals at once. However, the United States must often make painful
choices, temporarily sacrificing one goal for another. Here are two examples:
(1) When Japan bombed Pearl Harbor, U.S. security was under direct attack;
and (2) When North Korean forces attacked South Korea in 1950, President
Harry Truman believed that U.S. security (and the security of other free
nations) was threatened. In both cases, security was thought to be more
important than peace. That is why the United States got involved in World
War II in 1941 and the Korean War nine years later.
Going to war is only a temporary action. It is a short-term policy, not a
long-term goal. War is a detour from the main road of American foreign pol-
icy. Even in wartime, the goals on the distant horizon remain the same: peace,
prosperity, security, and freedom.
Short-Term Strategies
Foreign policy involves knowing what choices are available in a given situa-
tion. For example, President Truman had a number of choices after learning of
the invasion of South Korea:
1. Do nothing. Wait and see what happens.
2. Make a speech condemning North Korea for its aggression.
3. Send arms and supplies to the South Koreans (but no American troops).
4. Send American troops to defend South Korea only if the United Nations
Security Council approves military action.
5. Send American troops to South Korea whether or not the UN approves.
6. Bomb North Korea and, if necessary, fight an all-out war against its allies
such as China and the Soviet Union.
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A U.S. Army tank patrols a street in Baghdad, Iraq, one year after Iraqi dictator Saddam Hussein
was overthrown by invading U.S. forces.
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Secretary of State
Secretary of State Dean Acheson informed President Truman about the inva-
sion of South Korea. Why was this adviser the one who informed the presi-
dent about a crisis abroad? The secretary of state is the member of the Cabinet
who specializes in foreign affairs. He or she has a triple responsibility.
First, as an administrator, the secretary of state directs the ambassadors
and other foreign service officers who make up the Department of State.
Second, as a diplomat, the secretary of state meets with foreign ambassa-
dors living in Washington, D.C. Also, the secretary composes diplomatic let-
ters and notes. With the presidents approval, these are sent to the foreign
ministers and heads of state of other countries. When letters are not sufficient,
the secretary may travel abroad to meet face-to-face with foreign leaders.
Third, the secretary advises the president about international problems
that concern the United States. Such problems may arise in places that few
Americans have ever heard about. Consulting with other experts, the secretary
of state should be able to tell the president whats causing a particular situa-
tion and how it may affect U.S. security and interests. Meeting with the presi-
dent, the secretary proposes different ways that the United States might
respond to the crisis.
Since the end of World War II, the role of secretary of state has become
more visible in the media. As President Trumans secretary of state, Dean
Acheson (19491953) played a key role in the formation of the North Atlantic
Treaty Organization (NATO) and the implementation of the European Recov-
ery Program and the Truman Doctrine. Acheson defended the State Depart-
ment against attacks made by Senator Joseph McCarthy, a Republican from
Wisconsin, who alleged that the agency was riddled with Communists.
In 1973, President Richard Nixon appointed Henry Kissinger, who was serv-
ing as his national security adviser, as secretary of state. Kissinger was the first
Jew to run the state department. Kissingers intellect and knowledge of foreign
affairs helped make him an international celebrity. His pragmatic approach to
foreign policy, however, drew controversy from both liberals and conservatives.
Under President Bill Clinton, Madeleine Albright became the first woman
to serve as secretary of state. In 2000, Albright visited North Korea and dis-
cussed several issues, including arms control, with Kim Jong-Il, the Commu-
nist nations dictator.
In 2001, President George W. Bush named retired General Colin Powell
secretary of state. The first African American to hold the position, Powell
helped coordinate the war on terror with the United States allies after the Sep-
tember 11, 2001, terrorist attacks. In February 2003, Powell testified before the
UN Security Council, insisting that Iraq possessed weapons of mass destruc-
tion. After the U.S.-led invasion overthrew the regime of Saddam Hussein,
such weapons were never found.
In 2005, Condoleezza Rice, an African-American woman, replaced Powell.
Along with the United States continuing difficulties with battling terrorist
groups and trying to establish a lasting, stable democracy in Iraq, Rice faced
new challenges, such as Irans determination to develop a nuclear program
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Secretary of Defense
Until the end of World War II, two Cabinet members, the secretary of war and
the secretary of the navy, ran the armed forces. The National Security Act
(1947) reorganized the Department of War into the Department of Defense
and stripped the Department of the Navy of its Cabinet-level status. The
Department of the Navy, the Department of the Army, and the newly created
Department of the Air Force were unified under one command in the Depart-
ment of Defense. Each of these subsidiary agencies has its own secretary, who
reports to the secretary of defense.
The secretary of defense helps the president decide how much money to
spend on military expenditures, what new weapons systems to develop, and
where to station military personnel. The secretary of defense is also one of sev-
eral members of the executive branch who help plan military operations.
of the Joint Chiefs of Staff, and the chairman of the Joint Chiefs of Staff, who
is the military counterpart to the secretary of defense.
Intelligence Agencies
In political language, intelligence means the collection of information about
foreign governments, terrorist organizations, guerrilla groups, and anything
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wanted to keep the United States out of the European war. However, Ger-
man submarines continued to attack U.S. ships despite repeated warnings.
In 1917, Wilson asked Congress to declare war against Germany.
3. Although he condemned the Soviet Union as an evil empire, President
Ronald Reagan (19811989) made arms control a top priority. After nearly six
years of setbacks and delays, President Reagan signed the 1987 Intermediate-
Range Nuclear Forces (INF) Treaty with Soviet Premier Mikhail Gorbachev.
The treaty, which was ratified by the Senate, banned all nuclear missiles
with ranges of 300 to 3,400 miles. In June 1982, the Reagan administration
began the Strategic Arms Reduction Talks (START) with the Soviets. The
talks continued under President George H. W. Bush (19891993), who
signed the START I treaty with Gorbachev in 1991 and the START II treaty
with Russian President Boris Yeltsin in January 1993. The treaties forced
both sides to reduce their nuclear arsenals. The Senate ratified START I in
October 1992. Political problems delayed the ratification of START II for
several years. With the support of President Bill Clinton (19932001), the
Senate finally ratified the treaty in 1996.
Policies of Congress
The president bears most of the responsibility for making foreign policy. But
Congress also plays an important role. Under our system of checks and bal-
ances, Congress has various ways of defeating the presidents policies if a
majority of its members oppose them.
Congress can refuse to appropriate the funds that the president wants to
spend on defense and foreign affairs. A second check belongs to the Senate
alone. It concerns the presidents power to negotiate treaties with other coun-
tries. Aided by diplomats in the State Department, the president negotiates
treaties on many subjects such as borders between nations, the extradition of
criminals, arms control, and the use of international airports.
The Constitution requires that treaties must be approved in the Senate by
a two-thirds vote. Most treaties are ratified, but there have been notable excep-
tions. In 1920, the Senate rejected the Treaty of Versailles, which was negoti-
ated by President Woodrow Wilson the year before. The treaty ended World
War I between the Allies and Germany. It also established the League of
Nations, an international organization that would allow nations to peacefully
resolve disputes. Many senators opposed the treaty because they feared that
the league would undermine the independence of the United States.
A third check on the president concerns his powers as commander in
chief. This power enables the president to respond quickly to an enemy attack
or foreign crisis. Within minutes, troops can be ordered overseas. Missiles can
be launched against enemy targets. In an emergency, the president can take
these actions without first getting Congresss approval. However, the Consti-
tution gives Congress alone the power to declare war. To stop presidents from
fighting a long war without their approval, Congress passed the War Powers
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Act in 1973. It states that: (1) The president must inform Congress of his
actions and the reasons for them within 48 hours; and (2) Military operations
must end after 90 days unless Congress votes to continue them.
Members of Congress argued that the War Powers Act was a proper check
on the president. Richard Nixon and subsequent presidents have said that it is
improper and is unconstitutional because it limits a presidents power in ways
not mentioned in the Constitution. (Congress overrode Nixons veto of the
act, and it became law.)
East Africa
LIBYA
SAUDI ARABIA
Red
Sea OMAN
CHAD ERITREA
Khartoum YEMEN
Asmara Sanaa
UGANDA
Kampala Mogadishu
KENYA
CONGO
RWANDA Nairobi INDIAN OCEAN
Kigali
Bujumbura
BURUNDI
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TANZANIA Dar es Salaam W E
then bowed to negative public reaction and withdrew all U.S. troops from the
country in 1984.
In 1992, President George H. W. Bush sent U.S. troops to Somalia as part of
an international force bringing aid to the starving Somali people. They were
caught in a civil war between rival warlords. However, when American soldiers
were killed by a Somali militia in 1993, U.S. public opinion turned against the
American presence. That year, President Bill Clinton withdrew U.S. forces.
In 1995, President Clinton sent U.S. troops to join an international coali-
tion attempting to stop the civil war in the former Yugoslavia. This war was
part of a Serbian attempt to expel or exterminate the large Muslim population
from the Yugoslav province of Bosnia. The Serb policies were known as eth-
nic cleansing and evoked horrors of the Holocaust in World War II. Most
Americans supported the intervention. Later that year, the United States
brought the opposing sides together near Dayton, Ohio, and negotiated a
cease-fire. U.S. troops were stationed in Bosnia for several years to help keep
the peace and oversee free elections.
In 1999, the U.S. public once again supported U.S.-led military interven-
tion in the former Yugoslavia, this time with NATO allies. Serbia had once
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more attempted to expel a Muslim population, this time from the south Ser-
bian province of Kosovo. UN peacekeeping forces entered Kosovo after two
and a half months of NATO bombing, and the Serbs withdrew.
There was much public criticism, however, when the United States did not
intervene to stop the mass killing of the minority Tutsi people in the African
nation of Rwanda in 1994. Nearly one million people died. (After leaving
office, President Clinton admitted that his failure to intervene in Rwanda was
the biggest mistake of his presidency.)
President George W. Bush pursued a policy of preemptive war against
Iraq in 2003. The rationale of preemptive war is to strike and defeat a hostile
nation before it strikes first. The purpose of the Iraq invasion was to seek out
and destroy the weapons of mass destruction that Iraqi leader Saddam Hussein
was alleged to be producing. At first, most Americans supported the war in
Iraq. However, other Americans questioned the use of American military force
instead of diplomacy to oust a dictator, especially in a region as unstable as the
Middle East. Some U.S. allies joined in the war, but major ones such as France
and Germany did not. After about one year of U.S. occupation of Iraq,
national and international support for the war substantially eroded. No
nuclear, chemical, or biological weapons were found. Thousands of American
soldiers were killed by anti-American Iraqis and international terrorists. Tens
of thousands of Iraqi civilians also died as a result of the war. The huge finan-
cial cost of the war and revelations of abuse of Iraqi prisoners of war by Amer-
ican troops also greatly undermined support for the war.
What is the cartoonist saying about the search for weapons of mass destruction?
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REVIEW
1. Define or identify: weapons of mass destruction (WMD), Joint Chiefs of
Staff, National Security Council (NSC), intelligence, counterintelligence,
CIA, NSA, freedom of the seas, and preemptive war.
2. Describe the four long-term goals of U.S. foreign policy. Why is war called a
short-term strategy?
3. Describe three responsibilities of the secretary of state. What role, if any,
does the secretary of defense play in foreign policy?
4. Describe four checks on how a president conducts foreign policy.
Cold-war allies British Prime Minister Harold Macmillan, U.S. President Dwight
Eisenhower, French President Charles de Gaulle, and West German Chancellor
Konrad Adenauer meet for a summit in Paris, France, in 1959.
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Ambassadors Abroad
Diplomacy is an orderly system by which the government of one nation com-
municates with the government of another nation. It is a system used by all
nations of the world.
Some of the key players in diplomacy are ambassadors. These officials
are appointed by the heads of state of their own countries. For example, the
U.S. president appoints an American ambassador to Brazil. In turn, Brazils
president appoints the countrys ambassador to the United States. The ambas-
sadors travel to the capital cities of their assigned countries. The American
ambassador to Brazil travels to Braslia. The Brazilian ambassador travels to
Washington, D.C. They reside in diplomatic residences called embassies that
are considered part of their home countries.
An ambassadors main job is to officially represent his or her own country
and government. Governments give ambassadors instructions about how to
deal with certain problems. The ambassador carries out instructions by meet-
ing with officials in the foreign government and even the head of state or
head of government. The ambassador explains the concerns of the home gov-
ernment about an event or issue.
diplomats. They exchange letters and notes with one another. They even
arrange to travel to other countries to try to solve international problems.
When heads of state meet face-to-face, the event is often known as a summit.
At summits, the leaders may reach agreements of great importance. In
1977, Egypt and Israel had been bitter enemies for 30 years. Then Egypts
leader, Anwar al-Sadat, visited with Israels Prime Minister Menachem Begin,
in Jerusalem, Israels capital. Sadats trip seemed to be a step toward peace. It
was a bold diplomatic move that impressed U.S. President Jimmy Carter.
Carter invited Sadat and Begin to meet again, this time as his guests in the
United States. In 1978, the three heads of state talked and argued for several
days in the presidents retreat at Camp David, Maryland. Finally, they told
reporters important news. Sadat and Begin had agreed to a plan for settling their
countries differences. President Carter offered to back the plan with U.S. aid.
The agreement at Camp David was hailed as a diplomatic triumph. It probably
could not have happened if the three leaders had not met together in person.
Egyptian President Anwar al-Sadat, President Jimmy Carter, and Israeli Prime
Minister Menachem Begin shake hands after the signing of the Camp David
Accords at the White House in 1978.
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Besides helping American tourists, consuls and their staffs help American
businesses find foreign, or international, markets for their products. U.S. con-
sulates are located in more than a hundred major cities throughout the world.
They form one of two major divisions of the U.S. Foreign Service (American
diplomats serving abroad). The other division consists of ambassadors and
their staffs at U.S. embassies.
REVIEW
1. Define: diplomacy, ambassador, embassy, summit, consul, and consulate.
2. Why was the 1978 Camp David agreement hailed as a diplomatic triumph?
3. Describe the duties of ambassadors.
alongside the British and the French. As soon as World War I ended, however,
the American people turned their backs on Europe, wanting never to become
involved again in a foreign war. This policy became known as isolationism.
A 19th-century cartoon depicts the United States (as a soldier holding rifle) protecting Latin
America from the nations of Europe. What U.S. policy does it illustrate?
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GREENLAND
NATO Countries
U.S.S.R. NORWAY
Communist Countries
ICELAND
NE
W. ERL GIUM
TH BEL
Other Countries
GE AND
UNITED
RM
KINGDOM DENMARK
AN S
U.S.S.R
CoCou
m nt
m rie
CANADA
un s
LUX
is
FRANCE
t
ITA
k
Blac Sea
LY
ATLANTIC PORTUGAL SPAIN ed
M
UNITED ite
TURKEY
STATES rra GREECE
nea
OCEAN n Sea
W E
AFRICA
REVIEW
1. Define or identify: neutrality, isolationism, Monroe Doctrine, Good Neigh-
bor Policy, Open Door Policy, superpower, containment, cold war, mutual
defense pact, NATO, OAS, and the EU.
2. Why did the United States abandon its policy of isolationism after World
War II?
Presidential Doctrines
Since the start of the cold war in the late 1940s, it has been common for
presidents to follow President James Monroes example (see below) and
publicly declare a foreign policy doctrine. By issuing a doctrine, a president
lets Congress, the public, and foreign countries know what foreign policy
goals he or she intends to pursue. Here are some of the most noteworthy
presidential doctrines:
Monroe Doctrine. In 1823, President James Monroe told the nations of
Europe that they may no longer seek colonies or interfere with the affairs of
any sovereign nation in the Americas. In return, the United States pledged to
remain neutral in any wars involving European nations and respect their
existing colonies. In the latter half of the 20th century, Presidents John
Kennedy, Jimmy Carter, and Ronald Reagan invoked the Monroe Doctrine as
justification for seeking to stop the spread of Soviet-sponsored communism
in Central America.
Roosevelt Corollary. In 1904, President Theodore Roosevelt added a
provision to the Monroe Doctrine in order to stop European countries from
using force against nations in the Western Hemisphere that refused to pay
back their loans. The Roosevelt Corollary to the Monroe Doctrine stated that
the United States would exercise international police power by intervening in
the affairs of any nation in the Caribbean and Central America that failed to
pay its debts to other nations.
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How does the cartoonist fault President George W. Bushs foreign policies?
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Global Problems
For hundreds of years, governments, for the most part, acted on the assump-
tion that events or problems within their countries did not affect other coun-
tries. Today, with instant communication and rapid transportation, problems
such as disease, crime, terrorism, and poverty transcend national borders and
require the cooperation of different nations in order to be adequately addressed.
For example, in 2003, China experienced an outbreak of severe acute respira-
tory syndrome (SARS), a communicable disease. People who were unknowingly
infected with SARS then traveled to other countries and spread the disease.
More than 8,000 people in many countries eventually became infected and
over 750 people died. To contain SARS, governments had to share information
with one another and the public.
Economic Interdependence
Today, the economies of many nations are interdependent. The economic
health of one nation directly affects others. Many corporations cannot sustain
themselves in the long run by selling products only in their countries. To
make profits, corporations need access to foreign markets. In order to obtain
that access for its corporations, the United States must negotiate with other
countries and maintain friendly relations with them.
Arms Control
Despite the end of the cold war, arms control remains a top priority for the
United States. The U.S. government seeks to stop the proliferation of nuclear,
biological, and chemical weapons around the world. U.S. leaders are con-
cerned that such weapons of mass destruction may end up in the hands of so-
called rogue states such as Iran and North Korea, or even terrorists.
REVIEW
1. How was the Japanese attack on Pearl Harbor different from the September
11, 2001, terrorist attacks?
2. What types of problems transcend national borders today?
3. Why does arms control remain a priority for the United States?
4. How do Americans differ on what the role of the United States in todays
world should be?
CHAPTER 14 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. What is not a long-term goal of U.S. foreign policy? (a) freedom (b) peace
(c) reducing its sovereignty (d) prosperity
2. The Department of Defense replaced which Cabinet agency? (a) Depart-
ment of Commerce (b) Department of War (c) Department of Justice
(d) Department of State
3. Who is the military counterpart to the secretary of defense? (a) the Chair-
man of the Joint Chiefs of Staff (b) the commandant of the Marine Corps
(c) the chief of the army (d) the chief of the navy.
4. Which military branch was created after World War II? (a) marines
(b) navy (c) army (d) air force
5. The National Security Council (NSC) is a forum of the (a) United Nations
(b) executive branch (c) judicial branch (d) legislative branch.
6. According to the Constitution, the power to declare war rests with (a) the
president (b) the Supreme Court (c) the Department of Defense (d)
Congress.
7. Which treaty was rejected by the U.S. Senate? (a) Treaty of Versailles (1919)
(b) INF treaty (1987) (c) START I treaty (1992) (d) START II treaty (1993).
8. The system by which the government of one nation communicates with
the government of another nation is known as (a) ambassadorial courtesy
(b) summit meetings (c) sanctuary (d) diplomacy.
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9. The Monroe Doctrine and the Good Neighbor Policy both relate to U.S.
foreign policy toward (a) Europe (b) Asia (c) Africa (d) Latin America.
10. The attacks of September 11, 2001, were orchestrated by (a) Iraq (b) Japan
(c) Al Qaeda (d) Black September.
ESSAY
Write an essay describing how U.S. foreign policy evolved from a policy of
neutrality in the presidency of George Washington to a policy of active inter-
vention and a leading role on the world stage after World War II. What factors
led the United States to alter its policies? Be sure to identify the merits, dan-
gers, and costs of neutrality and interventionism.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents and additional information based on your knowledge of U.S.
history.
DOCUMENT 1
The attack yesterday on the Hawaiian Islands has caused severe damage
to American naval and military forces. Very many American lives have
been lost. . . .
As commander in chief of the Army and Navy, I have directed that all
measures be taken for our defense. But always will our whole nation
remember the character of the onslaught against us. . . .
I ask that the Congress declare that since the unprovoked and dastardly
attack by Japan on Sunday, December 7th, 1941, a state of war has
existed between the United States and the Japanese empire.
President Franklin Delano Roosevelt, address to
joint session of Congress, December 8, 1941
1. What measures did President Roosevelt, as commander in chief, say he
implemented after the Japanese attack on Pearl Harbor, and what did he
ask Congress to do?
DOCUMENT 2
2. What military and diplomatic steps did President Kennedy take in order to
have the Soviet missile bases removed from Cuba?
DOCUMENT 3
Understanding generalizations can help you evaluate what you read. A gener-
alization is a type of conclusion. It is a very broad statement that is applied to
a great number of examples. As you encounter and develop generalizations,
think in terms of negative and positive framing, as you can see in the follow-
ing examples.
Examples:
Valid Generalization: Our city has generated income every time City
Council has mandated a real estate investment during the past six years.
Faulty Generalization: The investments made by our city through
City Council vote have consistently resulted in a profit.
the paragraph references other types of investments, the facts address the
income only from real estate investments.
Bordered by two oceans, the United States has been fortunate. It has
been attacked only twice by a foreign nation and once by terrorists who
were protected by a foreign nation. During the War of 1812, the British
captured Detroit and inflicted extensive damage to the cities of Buffalo
and Washington, D.C., the nations capital. On December 7, 1941, the
Japanese attacked the U.S. Pacific naval fleet at Pearl Harbor in Hawaii,
which was then an American territory. On September 11, 2001, terror-
ists flew hijacked airplanes into the World Trade Center in New York
City and the Pentagon, near Washington, D.C. (A fourth hijacked air-
liner crashed in Shanksville, Pennsylvania, after its passengers fought
back against the terrorists.) After the attacks, the United States attacked
Afghanistan, which was controlled by an extremist group of Islamic
clerics known as the Taliban. Afghanistans Taliban government pro-
tected the terrorist leader Osama bin Laden, who had orchestrated the
attacks, allowing him to use the country as a base of operations.
In foreign policy, the president receives advice from some of the bright-
est minds and experts in the country. Most advisers, however, rarely
agree completely with one another. In a certain situation, some advisers
might favor one strategy while other advisers favor a different strategy.
For example, during the Cuban missile crisis in October 1961, General
Maxwell Taylor, the chairman of the Joint Chiefs of Staff, believed that
the United States should invade Cuba in order to destroy the Soviet mis-
sile installations under construction. By contrast, Secretary of Defense
Robert McNamara favored blockading Cuba in order to prevent the
Soviets from finishing their work of installing missile sites. President
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UNIT VII
STATE AND
LOCAL
GOVERNMENT
I
n addition to being affected by the federal government, Americans
are greatly affected by their state and local governments.
Chapter 15 looks at state government. The 50 state govern-
ments are organized just like the federal government, with their own
constitutions and powers divided among the executive, legislative, and
judicial branches. This chapter also examines how states differ from
the federal government, how states differ from one another, how they
raise revenue, and what services they provide to their residents.
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Chapter 15
Comparing State
Governments
KEY TERMS
state comptroller full-faith-and-
constitution public works credit
legislative grant-in-aid interstate
district compact
territory
State of the
commonwealth
State address
The United States grew from 13 states in 1776 to 50 states by 1959. This chap-
ter will discuss how the individual states are governed, their relations with the
federal government, and their relationship with one another. You will also
learn about individual state constitutions, officials, and finances.
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Cabinet Advisers
The governor needs a lot of help in executing the states laws. He or she con-
sults often with the top state officials who run the executive departments
(such as transportation, health, and education). These officials, who both
administer state laws and advise the governor, are known as the cabinet.
The word cabinet does not appear in the U.S. Constitution, but it does
appear in many state constitutions.
Judicial Branch
The justice system that provides for trials and appeals in the state courts is
similar to the federal system. First, trials of both civil and criminal cases take
place in lower, or trial, courts. Then a lawyer who wants to challenge a trial
courts decision may appeal it to a higher state court. A state appeals court, like
the U.S. Supreme Court, has greater power than all the others in the state sys-
tem. This highest court usually meets in the state capital.
REVIEW
1. Define: legislative district and state of the state address.
2. Describe three ways Congress and most state legislatures are similar.
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Election of Judges
In a democracy such as ours, is it better for state judges to be elected by popular
vote or appointed by the governor? Here are arguments for both points of view:
a. Elect the Judges. The governor is elected. All members of the state leg-
islature are elected. Why then shouldnt top officials in the third branch,
the judiciary, also be elected? Democratic government means that all top
officials are responsible to the people. Judges will be careful to serve the
people only if their jobs depend on winning elections.
b. Appoint the Judges. Judges should be highly trained specialists in the
law. Their only concern should be conducting trials that are fair and just.
They should not be politicians trying to win popularity by their courtroom
decisions. If judges are appointed to office, they can concentrate on justice
rather than on the next election.
Re-elect
public schools. They determine what courses students take from kinder-
garten through high school.
2. Licensing. The state protects the public by issuing licenses only to quali-
fied individuals. Examples of the state licensing function include: (1) issu-
ing marriage licenses to those who meet state requirements; (2) issuing
liquor licenses to owners of stores and restaurants; and (3) issuing licenses
to doctors, lawyers, nurses, and teachers if they meet minimum standards
for practicing their profession in the state. State laws determine the stan-
dards for either granting or denying licenses.
3. Business incorporation. Businesses wishing to operate as corporations
within a state must apply to the state government for permission to incor-
porate. The document, or charter, granted by the state gives the corpora-
tion its legal existence.
4. Business regulation. Whether a business is incorporated or not, it must
comply with laws enacted by the state legislature. All states have laws
designed to prevent businesses from polluting the environment, operating
unsafe factories, and dealing unfairly or dishonestly with customers.
5. Aid to citizens. No society can afford to be indifferent to the special
needs of certain groups: the sick, the elderly, the disabled, and the poor.
Many families either cannot or do not provide for the basic needs of their
members. Private charities can do only so much for those in need. Recog-
nizing this fact, states have laws giving public assistance (welfare) to
people who need it. Before the Great Depression of the 1930s, the states
alone bore the responsibility for helping the homeless and the unem-
ployed. Then the federal government stepped in to support the states
efforts.
6. Police protection. State laws prohibit and set penalties for serious crimes
such as murder, rape, robbery, and burglary. The state police patrol high-
ways. Most criminal cases are tried in state courts, and most prisoners are
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confined in state prisons. As of 2009, 35 states have the death penalty for
murder.
7. Elections. State legislatures make the rules for determining who is eligible
to vote and how candidates may have their names included on the official,
state-printed ballot.
8. Public works. The thousands of bridges in the country were erected as
public works of state governments. Other public works authorized by state
laws are tunnels, subway systems, reservoirs, roads, highways, and airports.
The federal government gets most of its revenue from the personal income tax.
The tax that contributes the largest sum to most state treasuries is the state sales
tax. This tax is collected from consumers whenever they purchase a taxable item.
State laws determine which consumer items are subject to tax. They also deter-
mine the percentage to be charged.
REVIEW
1. Define: comptroller, public works, and grant-in-aid.
2. Describe the two-step procedure for adding an amendment to most state
constitutions.
3. Describe at least two ways states obtain revenue.
4. Give three examples of professions that are licensed by states.
voted to admit Missouri into the Union. On August 10, 1821, it became the
24th state.
Every other new state went through a similar process for gaining admis-
sion to the Union. First, it was a territory with a governor appointed by Con-
gress. Next, after enough people moved into the territory, a state constitution
was created and submitted to Congress. Finally, Congress approved the consti-
tution and the former territory became a full-fledged, self-governing state. The
last two states to go through this process were Alaska and Hawaii, which were
admitted to the Union in 1959. However, Texas was an independent republic
before gaining statehood in 1845.
and a two-house legislature elected by the people. It has its own constitution
and is represented in the U.S. House of Representatives by a nonvoting mem-
ber. This representative, called the resident commissioner, can participate in
floor debates but cannot vote on bills. Puerto Rico is not represented in either
the U.S. Senate or the electoral college.
If its people voted to do so, Puerto Rico could apply for admission to the
United States to become the 51st state. Its population of more than 3 million
is greater than that of several states. At the moment, however, most Puerto
Ricans prefer to keep their status as a self-governing commonwealth. There is
also a sizable minority who want independence for the island.
The Holland Tunnel, which connects New York and New Jersey, is administered by the Port
Authority of New York and New Jersey, an interstate organization.
REVIEW
1. Define: territory, commonwealth, full-faith-and-credit, and interstate
compact.
2. Describe Puerto Ricos unique status.
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CHAPTER 15 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. State governments are similar to the federal government in that they
(a) function according to the English parliamentary system (b) are
required by the U.S. Constitution to have a bill of rights (c) appoint
judges that must be approved by the U.S. Senate (d) are divided into leg-
islative, executive, and judicial branches.
2. Nebraska is unique among the 50 states because (a) it has a unicameral
legislature (b) it does not have a governor (c) it has no term limits for state
judges (d) its governor is also a member of the legislature.
3. A states lieutenant governor is similar to the (a) vice president of the
United States (b) Speaker of the House of Representatives (c) U.S. Senate
majority leader (d) U.S. secretary of state.
4. Which statement is untrue? (a) Some state judges are appointed to the
bench. (b) Some state judges are elected by the people. (c) State judges are
not appointed for life. (d) The U.S. Congress must approve all state judges
before they can sit on the bench.
5. All of the following are positions in the executive branch of state govern-
ment, except (a) lieutenant governor (b) attorney general (c) comptroller
(d) assembly member.
6. In state legislative procedures, (a) all bills must be passed by a two-thirds
vote of both houses (b) if one house approves a bill, the other house must
take up the bill for consideration (c) all bills must be introduced in the
upper house (d) if one house votes against a bill, the other house may not
vote on a similar bill.
7. In addition to being the chief executive of the state, a governor, by law, is
also (a) the commander in chief of the state militia (b) a member of the
presidents National Security Council (c) a member of the state legislature
(d) the chief justice of the states court system.
8. Because the U.S. Constitution is the supreme law of the land, (a) each
state is required to have a bill of rights in its constitution (b) each state is
sovereign (c) each state is not completely sovereign (d) each state cannot
elect its officials.
9. To amend most state constitutions, the proposed amendment (a) must be
approved only by the state legislature (b) must be approved by the gover-
nor (c) must be approved by a vote of the people of the state (d) must be
approved only by the state supreme court.
10. Which statement is true? (a) The U.S. Constitution is older than any
states constitution. (b) State constitutions have traditionally been writ-
ten at constitutional conventions. (c) Most state constitutions are shorter
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ESSAY
Write an essay discussing the impact of granting statehood to Puerto Rico,
Guam, U.S. Virgin Islands, or the Northern Mariana Islands in the Pacific.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
DOCUMENT 1
No state shall enter into any treaty, alliance, or confederation; grant let-
ters of marque and reprisal [government authorization to an individual
to seize or destroy property of a foreign party]; coin money; emit bills of
credit [promissory notes or IOUs]; make anything but gold and silver
coin a tender [offer] in payment of debts; pass any bill of attainder
[punishment of someone for a crime without benefit of a trial], ex post
facto law [punishment of someone for an act that was legal when it was
committed], or law impairing [changing] the obligation of contracts, or
grant any title of nobility.
Article I, Section 10, U.S. Constitution
1. What does the Constitution prohibit the states from doing?
DOCUMENT 2
The United States shall guarantee to every state in this Union a republi-
can form of government, and shall protect each of them against inva-
sion; and on application of the legislature, or of the executive (when
the legislature cannot be convened), against domestic violence.
Article IV, Section 4, U.S. Constitution
2. According to the Constitution, what does the federal government pledge to
every state in the Union?
DOCUMENT 3
No state shall make or enforce any law which shall abridge the privi-
leges or immunities of citizens of the United States; nor shall any state
deprive any person of life, liberty, or property, without due process of
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law; nor deny to any person within its jurisdiction the equal protection
of the laws.
Fourteenth Amendment, Section 1, U.S. Constitution
3. How does the Fourteenth Amendment force states to protect individual
liberties?
Drawing inferences helps you understand what you read. Often, you draw
inferences naturallywithout even recognizing that you are exercising this
important skill. At other times, though, it can be more difficult to draw
inferences. Recognizing how to use this skill can guide you in understanding
difficult material. A valid inference is logicalbased on the material and per-
sonal knowledge and experience. If the inference is not logical, it is a faulty
inference.
Suppose you read about an ice sculptor who creates a magnificent sculp-
ture for an August wedding in Houston, loads the sculpture into his van, cant
find his car keys, races inside his studio to look for them, and is then distracted
by a 20-minute phone call. You can infer that the sculpture has melted. You
can further infer that the sculptor will face problems because he is unable to
deliver the sculpture he has promised. You make these inferences by consider-
ing details of the piece you are reading: An ice sculpture sits in a van for 20 min-
utes on an August day in Houston. You then apply your personal knowledge and
experience: August temperatures are hot in Houston, and ice melts in hot tempera-
tures, so the sculpture melts. Because the sculpture has melted, the sculptor cannot
deliver it. When someone fails to deliver a promised item, problems result.
Study the diagram, which illustrates the process of drawing an inference.
Then answer the questions that follow.
Apply your
personal
experience relative
to the material.
Consider details of
Arrive at logical
the information + & =
inference.
you are reading.
Apply your
personal
knowledge relative
to the material.
1. How does the diagram help you understand the process of making
an inference?
2. Explain how relevant personal experience and knowledge are
important in drawing a logical inference. Include the importance of
the relevance of the personal experience and knowledge.
3. Discuss factors that might lead to an illogical inference.
42389 319-360 r7sp.qxp 12/23/09 2:55 PM Page 339
Certainly, authors, speakers, and journalists do not always state all the infor-
mation required to understand material. If they did, the material could be
dense, boring, and quite difficult to slog through and complete. Consider infer-
ences that can be easily drawn from the following example from your textbook.
The governor, as the chief executive, is responsible for seeing that state
laws are enforced. The governor is also the commander in chief of the
state militia (National Guard), which may be called to active duty in
times of emergency. For example, the governor may call upon the
National Guard to control a riot or to rescue people from a disaster. In
wartime, Guard units may be federalized and serve within the Army
and Air Force.
The author mentions rescue from a disaster. The author could go into great
detail about what constitutes a disaster. However, the reader likely knows
based on personal experience and knowledgewhat a disaster is.
Read the following statements and inferences. Tell whether each inference
is valid or faulty. Explain your reasoning.
Inference: Federal legislators take their responsibilities more seriously than state
legislators and judges do.
Inference: There have historically been more successful vetoes in Nebraska than in
any other state in the United Statesdue to the governors weak power.
Chapter 16
Comparing Local
Governments
KEY TERMS
county ordinance prosecuting
county seat mayor-council attorney
municipality system coroner
charter weak-mayor county clerk
system recorder
township
strong-mayor
borough tax assessor
system
parish auditor
council-
school district manager system superintendent
home rule city commission of schools
metropolitan town meeting community
area policing
board of
metropolitan commissioners gentrification
statistical area sheriff municipal bond
Americans directly experience local government every day. Most local govern-
ments in the United States pick up garbage, run local schools, install traffic
signals, pass zoning ordinances, and provide police and fire protection. Like
the federal and state governments, local government is financed primarily
through taxation.
341
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County in southern Illinois, has a small population of just a little more than
1,800 people. Although they may have different lifestyles and interests, the resi-
dents of both Chicago and Jonesboro have many of the same public needs. All
residents need good schools, well-maintained roads, police and fire protection,
safe drinking water, protection against environmental hazards, public recreation
areas such as parks and playgrounds, and a means of deciding whether new busi-
nesses and construction projects should be permitted in certain neighborhoods.
In Chicago, Jonesboro, and other communities, some form of local gov-
ernment provides the type of services mentioned above. Services delivered at
the local level may be even more vital to peoples way of life than services pro-
vided by the state and federal governments.
The many types of local government vary from state to state. In their com-
munities, people are served by two or sometimes three local governments at
the same time.
Municipalities 19,429
Townships 16,504
Total 87,527
John McCain held town hall meetings during his presidential bid in 2008.
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Home Rule
Some states allow their counties and municipalities a certain amount of
autonomy, or home rule. Under home rule, local governments are then able to
set up and carry out their own programs without authorization from the state.
Municipalities in a majority of the states are permitted to decide how their
city governments should be organized. At a special election, voters decide
whether to accept or reject a proposed charter about the organization of their
citys government. The voters thus choose the type of local government they
want.
In states where there is no home rule, communities are governed accord-
ing to the charters given to them by the state.
Metropolitan Areas
One local area may be the most important of alland the most complicated. A
metropolitan area is a large core area containing a large population
nucleus, with surrounding areas that have a high degree of economic and social
integration with the core. Metropolitan areas include areas known as metro-
politan statistical areas (MSAs). An MSA is a large urban area consisting of
two kinds of communities: a central city of at least 50,000 people and a cluster
of counties surrounding one or more central cities that meet certain require-
ments for population. If an MSA has a population of over one million people,
the central city becomes a primary metropolitan statistical area (PMSA) and the
entire area becomes a consolidated metropolitan statistical area (CMSA).
Chicago is the central city of a huge CMSA that includes many cities,
including Kankakee, Illinois; Gary, Indiana; and Kenosha, Wisconsin. The
total population of this CMSA is over 9 million people. The city of Chicago is a
primary metropolitan statistical area with nine counties, while Gary is a PMSA
with two counties. Both Kankakee and Kenosha are PMSAs consisting of one
county (itself).
REVIEW
1. Define: county, county seat, municipality, charter, township, borough,
parish, school district, home rule, metropolitan area, and metropolitan sta-
tistical area.
2. What is the difference between an incorporated village and an unincorpo-
rated village?
3. Why are towns and townships considered the government closest to the
people?
small claims courts. These courts hear cases involving: (1) traffic violations, (2)
lesser crimes and misdemeanors, and (3) civil suits for small sums of money.
Methods of separating legislative and executive powers differ from one
city to the next. In the larger cities, the most common method is to give leg-
islative power to an elected group called a council and executive power to an
elected official called a mayor. Council members enact ordinances, which
are local rules or laws. Jonesboro and Chicago are two examples of the
mayor-council system of city government.
Town Meeting
The final type of local government is one of the oldest. The town meeting
dates back to early colonial times. Today, in small communities of New
England, it is still a common form of government.
The town meeting allows the voters of a community to make laws
directly. It is thus a form of direct democracy, unlike the indirect form, in
which laws are made by elected representatives. Once a year, adult citizens of
the town are invited to gather in a meeting hall to discuss town business.
Everyone attending may vote directly on any public issue affecting the town.
Citizens argue about how much tax money should be spent for different pur-
poses. The towns budget for the year is proposed and voted upon right there
in the meeting hall.
At the same meeting, townspeople also elect officials to carry out their
decisions. Usually, they choose three people to meet regularly as a board of
selectmen. The selectmens job is to see that town business is properly admin-
istered during the year. A town clerk and a town treasurer may also be elected
for the one-year term between meetings.
REVIEW
1. Define: ordinance, mayor-council system, weak-mayor system, strong-mayor
system, council-manager system, city commission, and town meeting.
2. Why is it said that some cities have a weak-mayor system and other cities
have a strong-mayor system?
3. Explain how each of the following forms of government operate: (1)
mayor-council system; (2) council-manager system; (3) commission sys-
tem; and (4) town meeting system.
Counties of Hawaii
County government in Hawaii is the only local government that matters.
Hawaii has hundreds of towns and villages, but they are unincorporated. The
only governments that deliver services and collect taxes at the local level are
Hawaiis four counties. One of the four is the county that governs Hawaiis
largest city, Honolulu.
Voters of each Hawaiian county elect a county executive called a mayor,
and a county legislature called a county council. In other words, county gov-
ernment in Hawaii is much like city government in other states.
Board of Commissioners
The board of commissioners is a group of elected officials who have both
legislative and executive powers. It is usually a group of five commissioners,
each elected to a four-year term.
As county legislators, the commissioners meet regularly to set the county
tax rate and adopt a county budget. They may also pass ordinances about local
matters. All county ordinances must comply with the constitution and laws of
the state.
As county administrators, each commissioner looks after a different
service. One sees that elections are properly held. Another sees that welfare
assistance is provided. A third sees that roads are maintained.
The board of commissioners is much like the city commission. Meeting as
a group, board members have legislative power. Working in their separate
offices, they have executive power. In the county as well as the city, commis-
sioners are equal in power. No one is officially in charge as the top executive.
Therefore, county business may suffer from lack of leadership.
In some states, counties are governed by a much larger group than five
commissioners. Their top officials are called supervisors. Each supervisor may
represent a different city or township in the county. Thus, if a county has 50
municipalities, there may be 50 people on the countys board of supervisors.
This governing group has the same functions of the board of commissioners.
It administers services, adopts a yearly budget, and passes local ordinances.
laws that they interpret are state laws and the state constitution. Thus, they
are key officials in the judicial branch of state government.
REVIEW
1. Define: board of commissioners, sheriff, prosecuting attorney, coroner,
county clerk, tax assessor, recorder, auditor, and superintendent of schools.
2. How is county government in Hawaii different from county government in
Connecticut?
3. Explain how county boards of commissioners have both legislative and
executive powers.
Public Schools
Cities depend on public schools to educate their children. In the last few
decades, many parents have worried that the quality of public education has
declined. Critics cite the increase in the number of students who perform
poorly on standardized tests that measure their abilities in reading and mathe-
matics, and then drop out of school.
Elected officials in cities from members of the city council to the mayor
always look for ways to improve public education. Proposed reforms and
solutions often include: (1) revising the school curriculum; (2) increasing
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teachers salaries to attract better teachers; (3) increasing funding for schools;
(4) increasing the number of vocational-training programs; (5) running
schools in the same way as private businesses; and (6) making public schools
compete directly with private schools by giving parents vouchers to send their
children to the school, public or private, of their choice.
Bond Issue
Tax rates are determined by the vote of elected officials at city hall. Voters are
rarely given a chance either to accept or reject their local governments deci-
sion about taxes.
Voters, however, often decide one kind of issue. That is the question of
whether or not the city or county should borrow a large sum of money to pay
for a major building project. The building of a school, highway, jail, sports
stadium, or library is known as a capital project. Because of their huge cost,
such projects can be paid for only with borrowed money.
A city borrows money by selling municipal bonds to investors. A bond
is a contract between the investor who buys it and the government that sells
it. The city promises to repay the sum printed on the bond after a certain
number of months or years. Since interest is added, borrowed money often
costs more in the long run than money raised through taxes.
The voters decide whether or not a project will be built. A question about
the proposed bond issue is placed on the ballot. If a majority vote yes, the
San Francisco Police Chief Heather Fong (center) has used old-fashioned foot patrols to reduce
crime in neighborhoods.
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city may sell enough bonds to build the project. If a majority votes no, then
the bond issue is defeated, and it cannot be built.
REVIEW
1. Define: gentrification, community policing, and municipal bond.
2. Describe how the increase in crime affected many major cities in the 1960s.
3. How did many cities manage to reduce crime during the 1990s?
4. Explain how cities can obtain funding for capital projects other than from
tax revenue.
CHAPTER 16 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The many types of local government in the United States reflect (a) the
American belief in self-government (b) the failure of states to enforce
their constitutions (c) the willingness of Americans to pay high taxes
(d) the historical importance of judicial review.
2. The largest political division within a state is a (a) county (b) county seat
(c) town (d) township.
3. Most school districts in the United States are run by (a) state governors
(b) school boards that are elected by the people in those school districts
(c) school boards that are appointed by governors (d) mayors of the com-
munities in which the districts are located.
4. The right of a local government to make some of its own laws rather than
follow state regulations is known as (a) concurrent power (b) states rights
(c) city management (d) home rule.
5. All of the following are powers usually exercised by strong mayors,
except (a) the power to call up the state militia to put down a riot (b) the
power to hire and fire the heads of city departments (c) the power to veto
acts of the city council (d) the power to draw up a budget for the city.
6. A person attains the office of city manager (a) when the mayor resigns
from office (b) by winning a citywide election (c) by being appointed by
the city council (d) by taking a test.
7. Which form of government is closest to direct democracy? (a) mayor-
council system (b) manager-council system (c) commission system (d)
town meeting system
8. The chief source of revenue for most counties in the United States is the
(a) income tax (b) sales tax (c) property tax (d) license fees.
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ESSAY
Write an essay discussing which functions and services of the federal, state,
and local governments overlap. Do you think such overlap is beneficial for
people or counterproductive? Be sure to explain your reasons.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
DOCUMENT 1
DOCUMENT 2
The only way there will be real property tax relief for our residents is if
[the state government in] Albany declares a moratorium on unfunded
mandates not only imposed on the county, but on our school districts
and local governments as well. There must be no new mandates, no
expansion of current mandates and no cuts in state aid for mandated
programs. State government must change the way it relates to the coun-
ties, municipalities and school districts. Decisions must be made to help
local property taxpayersnot hurt themand all of us must be
included in the decision-making process.
Andrew J. Spano, county executive of Westchester County,
New York, State of the County address, April 10, 2008
2. How does Spano believe that state government can alleviate the financial
burdens of local governments?
Task: Using the above documents and your knowledge of government, write
an essay explaining how laws passed by federal and state government impact
cities, counties, and towns.
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Everyone does it. Everyone drives and drinks at some point. Its just
that some people get caught, and others dont, so the penalties for a
first conviction should be lighter.
Response A
The person who wrote this editorial should be stuck away in a corner
somewhere and not allowed to interact with anyone else. He clearly is
an idiot. I know that laws should not be changed to make things lighter
on these crazy people who drive while theyre drunk. And I know what
Im talking about. Its absolutely ridiculous to think that drunk drivers
should get easy treatment. What was this guy thinking when he wrote
the editorial?
Response B
Clearly, penalties for DUI (driving under the influence) convictions
should not be made lighter for first-time criminals. Perhaps the person
who wrote this editorial could benefit from learning of statistics
published in a national magazine. A large percentage of those convicted
of a first DUI go on to commit the crime again and again. In our town
alone in a single year, there have been 2,000 DUI arrests of the same
criminals after the first DUI. This is a topic that strikes close to home, as
my grandmother was killed by a drunk driver. The drunk driver ripped
away our familys security blanket and happiness.
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B. Read the editorial below. Then write an editorial response that expresses
the opposite position from that which is expressed in the editorial. Note
that this need not be your personal opinion, but should be the opinion
expressed in the response you write. Be certain to support the opinion
by utilizing as many of the methods discussed above as possible. You
may use reference resources. Note that you may fabricate personal
experiences for purposes of supporting the opinion.
UNIT VIII
GOVERNMENT
AND YOU
N
ow that we have covered federal, state, and local governments
in detail, we turn to the relationship between you, as an indi-
vidual, and government. Chapters in this unit cover your role
in the government, specifically voting, deciding whether to belong to
a political party, how to influence government, and rights and obliga-
tions related to citizenship.
Chapter 17 discusses your right to vote. In this chapter, you will
learn how American citizens can register to vote and what the actual
process of voting involves. The chapter also discusses why people vote
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Chapter 17
Your Right
to Vote
KEY TERMS
incumbent poll tax voting machine
challenger absentee straight ticket
liberal ballot split ticket
conservative voter registra- referendum
tion
moderate initiative
voter fraud
front-runner recall
ballot
dark horse special election
ballot box
grandfather
clause Australian
ballot
literacy test
The right to vote is widely regarded as one of the most important rights that
citizens have in a free society. This chapter examines such topics as the rea-
sons why people decide to vote or not vote, the voting process, and voting
patterns. Students will learn how the right to vote was gradually expanded to
African Americans, women, and citizens who are at least 18 years old and
which groups can still be legally excluded from voting and why.
363
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the governor of Arkansas. But early in 1992, the dark horse candidate from
Arkansas received the media attention and political support he needed to become
the Democratic nominee. Candidate Clinton went on to win the election.
President Barack Obama and his wife Michelle Obama getting their daughters Malia and Sasha
ready for their first day of school in Washington, D.C.
Nonvoting
The number of people who turn out to vote in an election plays one of the
most important roles in deciding who governs us. However, year after year,
millions of registered voters never bother to exercise this right. This
fact troubles many people who consider voting an important civic duty that
is essential to any democracy. Why dont people vote? Political scientists have
offered several explanations: (1) people do not believe that their vote will
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SECTION REVIEW
1. Define: incumbent, challenger, liberal, conservative, moderate, front-
runner, and dark horse.
2. Briefly explain why concerned citizens vote regularly.
3. How can democracy motivate public officials to serve the needs of the pub-
lic? Why would voters want to replace the party officials who serve the
needs of the public?
4. How do liberals and conservatives disagree about the proper role of
government?
5. Why do many American politicians prefer to follow a moderate approach?
6. What are the reasons that people decide not to vote?
Therefore, in the late 1860s, all state laws that made blacks ineligible to vote
were legally invalidated.
But some states still found ways of keeping African Americans from voting.
In the South in the 1890s, voting laws commonly included a grandfather
clause. It guaranteed the vote to citizens whose grandfathers had voted before
the Civil War. Southern blacks could not claim voting rights under this clause
because their grandparents had been ineligible. Only Southern whites were in a
position to inherit the right to vote from their ancestors. Thus, the grandfather
clause made it easy for whites to vote but very difficult for blacks.
For many years, states defied the Fifteenth Amendment, and the federal
government in Washington did nothing to stop them. In 1965, Congress passed
the Voting Rights Act, which removed barriers to voting for African Americans.
In the 1960s, the literacy test and the poll tax, which had prevented many
African Americans from voting, were both abolished. Today, by enforcing the
Voting Rights Act, the federal government makes sure that African Americans
and other minorities are given an equal opportunity to vote in all elections.
The third group who won the right to vote were women. In 1920, the Nine-
teenth Amendment, which extended full voting rights to women, was ratified.
Noncitizens
All states require voters to be either native-born or naturalized citizens of the
United States. Foreign-born immigrants to the United States cannot vote until
they gain their citizenship.
Mentally Incompetent
Many states (but not all) have laws preventing people in mental hospitals from
voting. Severely mentally challenged persons may also be kept from the polls.
Criminals
People who are convicted in court of committing felonies may lose their right
to vote. State laws differ. Some permit felons to vote, while others do not.
Why are the above groups stopped from voting? Some State lawmakers have
concluded that these groups cannot be trusted to vote responsibly. Some of the
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justifications given for the prohibitions have been: A five-year-old child obviously
does not know enough about government to vote. A foreign-born noncitizen has
not yet proved his or her loyalty to the United States. By breaking the law, crimi-
nals show that they lack respect for government and society. Someone who is
mentally challenged or mentally ill may not be capable of making decisions.
Residency Requirement
Another requirement temporarily stops thousands of people from voting each
year. Many states require that citizens reside in a state for a certain number of
days before the election. Suppose that, shortly before Election Day, a family
moves from one state to another. Chances are that members of the family will
not qualify to vote in that years election.
Even then, however, citizens can take steps to vote in their native states,
the one they plan to leave. Special absentee ballots (for state residents who
are either ill or away from home) are mailed to voters who request them and
then mailed back to election officials. Those who wish to vote must be sure to
apply for an absentee ballot several weeks before the date of the election.
REVIEW
1. Define: grandfather clause, literacy test, poll tax, voter registration, and
absentee ballot.
2. Which level of government supervises voting?
3. Which groups were not allowed to vote in the early days of the United
States? Explain how these groups gained the right to vote.
First Lady Eleanor Roosevelt used a voting machine to cast her ballot in the 1936 election.
Voting Machines
Before he invented the phonograph and the lightbulb, Thomas Edison in 1868
invented a machine for voting and automatically tabulating votes. Edisons inven-
tion was ahead of its time. People started voting by machine for the first time in
the 1890s. Today, the practice of using machines is even more common than
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marking paper ballots. Since voting machines display an official ballot inside a
curtained booth, they are just another form of the Australian ballot idea.
Voting by machine may seem complicated. In fact, it is as simple as turn-
ing on a light switch. To cast a ballot, voters simply pull little levers next to the
names of the candidates they wish to support. Then they turn a big lever that
records the votes and clears the machine for the next voter.
next election, the group circulates a petition proposing that the official be voted
out of office in a recall election. If enough signatures are collected, the election is
held. In a recall election, a majority vote can remove an official from office.
Recall elections are not common. In 2003, however, California held a suc-
cessful recall election that led to the removal of Governor Gray Davis, who
had become widely unpopular with the voters. The president of the United
States and any other federal officials cannot be removed by recall.
Special elections are held to fill vacancies of federal, state, and local offi-
cials who die while in office or resign before their term is up. Such elections
are held at the usual polling places. To fill vacancies in the U.S. Senate, how-
ever, many state governors have the power to appoint someone to the seat
until November of that year or for the rest of the term.
REVIEW
1. Define: voter fraud, straight ticket, split ticket, recall, special election, ballot,
ballot box, Australian ballot, and voting machine.
2. How was the Australian ballot an improvement over previous systems?
3. Compare and contrast referendum and initiative.
A recall election removed California Governor Gray Davis from office in 2003.
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CHAPTER 17 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. In an election, the person who is seeking reelection to the office is called
the (a) challenger (b) liberal (c) conservative (d) incumbent.
2. In the political spectrum, moderates are best described as being (a) on the
left (b) on the right (c) members of a third party (d) in the middle of the road.
3. Many American politicians prefer a moderate position because they
(a) can usually attract more voters this way (b) are usually flip-floppers
on issues (c) are extremists (d) dont think for themselves.
4. Which group is not allowed to vote today? (a) women (b) African Ameri-
cans (c) white males (d) 15-year-olds
5. The Fifteenth Amendment extended the right to vote to which group?
(a) women (b) noncitizens (c) adult black males (d) those between the
ages of 18 and 21
6. The Voting Rights Act (a) eliminated barriers that prevented many
African Americans from voting in the South (b) gave women the right to
vote (c) lowered the voting age to 18 (d) set the nations first voting
requirements, in 1789.
7. A person who votes on a ballot for all the candidates of one party votes
(a) a split ticket (b) a balanced ticket (c) an unbalanced ticket (d) a straight
ticket.
8. What measure allows the people to approve or reject a law? (a) referen-
dum (b) recall (c) split ticket (d) special election
9. In 2003, California Governor Gray Davis was removed from office
through (a) recall (b) general election (c) impeachment (d) referendum.
10. The purpose of a special election is to (a) pick the members of the elec-
toral college (b) elect candidates to fill vacancies (c) approve a treaty
(d) pick candidates for the general election.
ESSAY
Write a well-organized essay that includes an introduction, several para-
graphs, and a conclusion discussing the voting process from registration to
casting a ballot on Election Day.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
the documents and your knowledge of U.S. government.
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DOCUMENT 1
Let each citizen remember at the moment he is offering his vote that he
is not making a present or a compliment to please an individualor at
least that he ought not so to do; but that he is executing one of the
most solemn trusts in human society for which he is accountable to
God and his country.
Samuel Adams, 1781
1. How does Samuel Adams view voting?
DOCUMENT 2
Nobody will ever deprive the American people of the right to vote
except the American people themselvesand the only way they could
do this is by not voting.
President Franklin Delano Roosevelt, 1938
2. According to Roosevelt, how could Americans lose their right to vote?
DOCUMENT 3
It is easy to say that one vote doesnt count. My friends, there have been
three Presidents elected by one electoral vote in the electoral college;
and one of those Presidents, my friends, the vote that elected him,
because it was finally put in the House of Representatives, was by a rep-
resentative from Indiana, whose margin of victory was one vote. And
that one vote was from a sick constituent who insisted on being carried
from his bed to the voting booth so he could register his opinion on the
decisions of that day. And there have been five States admitted to the
Union by the margin of one vote. Now let me bring this closer to home.
How many of you remember the majority by which the Democrats won
Ohio in 1948?
Well, it was 7,100. And you had more than 8,000 election precincts.
One more vote in each election precinct on the right side and you
would have been in the right column. Now ladies and gentlemen, I am
trying to show you that your vote is important. Not only because you
owe it to yourself, to the Government under which you are living, to
register your convictions as to the political developments and programs
of this country, but because of the potential meaning of that vote in
what is going to happen to this country during the years to come.
President Dwight Eisenhower, October 19, 1954
3. How does President Eisenhower refute the claim that one vote can never
make a difference?
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DOCUMENT 4
A. Initially, voting rights in the United States were restricted to white, male
property owners. Throughout the decades, some but not all barriers to
voting were removed. Complete the chart to identify some of the
barriers to voting rights. You will find portions of the information you
need in the chapter. For additional information, you may use Internet
and library resources.
1. Fifteenth Amendment; 2.
gives voting rights to
former slaves and all
adult male citizens
Women 3. 1920
4. 5. 1924
6. Twenty-third Amendment 7.
12. Why are these groups not included in the chart: felons and those
who are mentally incompetent?
13. Are citizens of Puerto Rico allowed to vote in U.S. elections? Explain.
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Chapter 18
Choosing a
Political Party
KEY TERMS
party boss convention two-party
patronage job primary system
divided closed primary trust
government open primary party platform
caucus system runoff
When covering U.S. politics, the media often talks about the Democratic and
Republican parties and even other political parties that seek votes. This chap-
ter discusses the role of political parties in the United States. You will learn
what political parties are, how they got started, and what it means to belong
to one. Additionally, the history and philosophies of the Democratic and
Republican parties are covered in detail along with the role of third parties and
independent candidates.
parties. If you do not make a choice or refuse to join any party, you will be
listed as independent.
Belonging to a party does not cost you anything. You are not required to
contribute any money to the party or any particular candidates. On Election
Day, you may still vote for the candidates of your choice regardless of their
party designation. The only advantage of belonging to a party is that you are
allowed to vote in its primary, an election in which candidates of the same
party compete for its nomination for a particular office in the general election.
(Some states such as California have open primaries, which allow all voters
regardless of their political affiliation to participate in a party primary.)
If you become disillusioned with the party you initially joined or find
another one more desirable, you can easily change your party affiliation by
filling out another voter registration form.
Politicians from the president down to local county legislators and bosses
on the national, state, and local levels serve as the public faces of a political
party. Their decisions, actions, personal conduct, and performance can
increase or erode public support for the party.
Rewards of Victory
Why is it so important for parties to win elections? It is because of the political
rewards that go to the winner. The main rewards are: (1) top elected jobs in
government, (2) appointed jobs in government, and (3) power to make policy,
1. Top jobs in government. The most powerful jobs in the legislative and
executive branches of government are usually reserved for winners of
elections. In the national government, the president and all members
of Congress are elected. In state government, the governor and all mem-
bers of the state legislature are elected. In the government of cities and
towns, the mayor and members of the local council are elected. In some
state governments and most local governments, judges are elected.
2. Appointed jobs in government. A president, a state governor, and a city
mayor have the power to fill other jobs in government. The people they choose
to assist them are almost always members of their own party. Instead of being
elected, such people are appointed to their posts. They are often the most
important members in the winning candidates campaign. The reward for their
political work is a government job with a good salary. In 1989, President
George H. W. Bush appointed James Baker, who had managed his campaign
victory in the 1988 election, as secretary of state. Those jobs that can be given
out to party members are known as patronage jobs. Not all jobs in govern-
ment, however, are not filled by politicians. In fact, the great majority are filled
through the civil service system (described in Chapter 13). But the political, or
patronage, jobs that do exist are among the highest-paying in government.
3. Power to make policy. The party that controls the presidency and Con-
gress sets policy. In 1932, voters swept Franklin Roosevelt, the Democratic
presidential candidate, into the White House and substantially increased
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the Democratic majority in Congress. Roosevelt was able to get his New
Deal reforms to alleviate the Great Depression approved with little or no
difficulty.
Since the mid-1940s, divided government, a situation in which one
party controls the presidency while the opposing party controls one or both
houses of Congress, has been frequent. In such a case, the president and lead-
ers of Congress are forced to compromise in order to get things done.
REVIEW
1. Define: open primary, party boss, patronage job, and divided government.
2. What does it mean to be a registered member of a political party?
3. List the four types of political party members, and briefly describe the role
that each plays in his or her party.
4. What else are voters asked to do besides voting during an election?
5. Briefly discuss the rewards of political victory.
Divided Government: Republican House Speaker Newt Gingrich, Democratic President Bill
Clinton, and Republican Senate Majority Leader Robert Dole were forced to compromise after
the Republicans won control of both houses of Congress in the 1994 election.
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leaders. Every city ward has a committee, and so on. At the head of each com-
mittee is a chairperson.
In the late 19th century, before women could vote, only men could head a
committee. Often he was also very powerful and controlled other members of
the committee. If you opposed the boss, you would swiftly be fired from your
job in city hall. Delegates picked by a boss to go to a convention could be
counted upon to do as they were told. In theory, the party conventions of old
were supposed to speak and act for the rank and file. In fact, they often spoke
only for the bosses.
In the early 1900s, however, the bosses grip on power began to weaken.
Large numbers of voters began protesting against bossism. In one state after
another, a new system replaced the convention as the chief means for nomi-
nating party candidates. The system is the direct primary, and it is still in use
today.
kept separate. With the exception of two states, you cannot choose among the
one partys candidates for governor and then switch parties to choose another
partys candidate for U.S. senator.
The two exceptions to this rule are Alaska and Washington. In their wide-
open primaries, you can switch back and forth between parties as often as
you like. Voting in such a primary is just like voting in a general election.
Instead of two party ballots, there is only one. It lists everyone who wants his
or her partys nomination.
The Runoff
Often in a primary election (whether open or closed), there may be a large
number of candidates in the same party competing for nomination to the
same office. Suppose that a candidate does not receive a majority (more than
half) of the votes cast. In some states, the nominee is the person who receives
a plurality (more votes than anyone else).
In other states, however, the law may require that there be a second primary
following the first. In this runoff primary, the two candidates winning the
most votes in the earlier election are placed on the ballot. Then voters decide
between them with the winner being the one who gets a majority of votes.
REVIEW
1. Define: rank and file, caucus system, convention, delegate, party boss,
open primary, run-off.
2. Evaluate the success of the party convention in correcting the faults of the
caucus system.
3. How did the introduction of direct primaries weaken the influence of party
bosses?
4. Explain why you believe political parties are a positive or a negative influ-
ence on American politics.
The Federalists did poorly in the next few elections. After 1820, their party
ceased to exist. However, another party very similar to it came into being.
Members of this new party called themselves Whigs. Their most famous can-
didate was Senator Henry Clay of Kentucky. Although they won two presiden-
tial elections, the Whigs too failed to elect enough candidates. They also died
out as a major party. Their place was taken by a new party consisting mainly of
business leaders and Northerners opposed to slavery. They called themselves
Republicans. Founded in 1854, the Republican Party attracted a lawyer from
Illinois, Abraham Lincoln.
Through all these years (18001854), Jeffersons partythe Democratic-
Republicansgrew in strength. In the 1830s, during the presidency of Andrew
Jackson, it dropped the Republican part of its name. Ever since, it has been
called the Democratic Party.
During these years, the leaders of the two leading parties disagreed about
such issues as tariffs, the expansion of slavery into the territories, and states
rights. The Democrats, especially in the South, believed that the individ-
ual states should retain a great deal of autonomy. By contrast, their oppo-
nents (the Federalists, Whigs, and Republicans) supported a strong national
government.
took office in 1901, President Theodore Roosevelt, a Republican, used this law
to dissolve many bad trusts. In 1914, President Woodrow Wilson, a Demo-
crat, signed the Clayton Anti-Trust Act into law, which strengthened the Sher-
man Act. The leadership of both Roosevelt and Wilson curbed the power of
big business and successfully reduced political corruption.
In 1929, the stock market crashed, and the Great Depression began. Over
12 million people, about one-fourth of the labor force, lost their jobs. Since
the Republicans controlled both the presidency and Congress, many people
blamed them for the widespread misery caused by the Depression. In the 1930
midterm election, Democrats won control of Congress. Two years later,
Franklin Roosevelt, a Democrat, was elected president by a landslide. Republi-
cans would not recapture Congress for another 16 years and win another pres-
idential election for 20 years.
During the 1990s, the political landscape continued to shift. In 1992, Bill
Clinton, the Democratic governor of Arkansas and a moderate, was elected
president. He became only the second Democrat to win a presidential election
in the previous 20 years. Four years later, Clinton became the first Democratic
president since Roosevelt to win re-election.
Party Traditions
Politicians in both parties tend to be proud of what their party has accom-
plished in its long history. The Democrats love to talk about Thomas Jefferson,
Franklin Roosevelt, and John F. Kennedy. The Republicans are just as proud of
their own party and its heroes such as Abraham Lincoln, Theodore Roosevelt,
Dwight Eisenhower, and Ronald Reagan. The Republicans acquired the nick-
name Grand Old Party, and the initials GOP are used to refer to the Republi-
can Party.
A famous 19th-century cartoonist named Thomas Nast poked fun at the
two major parties. He portrayed the Republican Party as a clumsy elephant
and the Democratic Party as a stubborn donkey. After a while, members of
both parties took a liking to the animal characters and adopted them as party
symbols.
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Party Conventions
Each party has a huge membership, numbering in the millions. Each party
consists of thousands of local groups. Once every four years, party delegates
from all 50 states meet at a national convention, and draw up a party platform
and nominate a candidate for president.
, Jack
Lincoln s
Wilso on,
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Reag edy
Party Platforms
A party platform is a written statement of ideas and principles. It states the
partys current positions on a number of issues. Specific parts of a platform are
known as planks.
Once written, a platform is almost always accepted by the delegates.
While they may not agree with everything in it, they realize it is necessary to
compromise. After all, an American political party consists of a great variety of
people from different regions of the country. If they are to win a national elec-
tion, the different groups must find a way to unite behind one platform and
one candidate. A unified platform helps the party to achieve its most impor-
tant goal: victory on Election Day.
REVIEW
1. Define: two-party system, trust, national convention, party platform, and
planks.
2. Why did white Southern voters overwhelmingly support the Democratic
Party in the years after the Civil War?
3. How did Democrats and Republicans react to the problems created by big
business in the early 20th century?
4. How did Democrats gain a reputation as the party of government activism
during the presidency of Franklin Roosevelt?
5. Why is Ronald Reagan credited with revitalizing the Republican Party?
George Wallace
Several third parties have been founded to enable a specific candidate to run
for office. For example, in 1968, Governor George Wallace of Alabama, a Dem-
ocrat and ardent segregationist, organized the American Independent Party
and ran as its candidate for president. Wallace himself did not believe that he
WA MA VT NH
9 14 3 4 ME
MT ND
4 4 4
OR MN RI
6 ID 10 WI NY 4
4 SD
WY 4 12 MI 43 CT
3 21 8
IA PA
NE 9 29 NJ
NV 5 IN OH 17
IL 26
3 UT 26 13
CA 4 CO WV VA DE
40 6 KS MO KY 7 12 3
7 12 9 MD
NC
TN 12 10
AZ OK 11 Washington
NM 8 AR SC
5 4 6 8 D.C.
AL GA
MS 12 3
7 10
TX LA
25 10
FL
AK 14
3
would win either the popular or electoral vote, ahead of both Richard Nixon,
the Republican candidate, and Hubert Humphrey, the Democratic candidate.
Wallace hoped to receive enough electoral votes to force the House of Repre-
sentatives to decide the election and enable him to play kingmaker. Wallace
failed, winning only 46 electoral votes and 13.5 of the popular vote. Nixon
won the popular vote narrowly and the electoral vote by a solid margin.
In 1972, Wallace ran for president again. This time, he ran in the Democratic
primary. (His campaign ended when an assassin seriously wounded him.) In the
general election, the American Independent Party fielded a candidate, John
Schmitz. He drew over one million votes, but did not win any electoral votes.
Although the party, which changed its name several times, fielded presidential
candidates in every subsequent election, it generated very little interest.
H. Ross Perot
In 1992, H. Ross Perot, a Texas billionaire, ran for president as an indepen-
dent. He used his wealth to finance his campaign. Perot hoped to attract
voters who were disillusioned with both major parties. In that year, a severe
recession and race riots in Los Angeles made incumbent Republican President
George H. W. Bush unpopular and vulnerable for defeat. Several well-
publicized scandals within the Democratic-controlled Congress undermined
the publics confidence with the Democratic Party. The eventual Democratic
nominee for president, Governor Bill Clinton, the longtime governor of
Arkansas, was weakened by allegations that he had had an extramarital affair,
Since polls showed independent candidate H. Ross Perot (center on stage) with
significant support, he was allowed to participate in the presidential debates in
the 1992 election.
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evaded the draft during the Vietnam War, smoked marijuana, reversed his
positions on different issues, and was inexperienced in foreign affairs.
Perots message resonated with millions of people, and his campaign
attracted thousands of volunteers across the country. Since many polls showed
him receiving significant support, Perot was allowed to participate in the
nationally televised debates with Bush and Clinton.
On Election Day, Perot drew about 19.7 million votes, the best total for
any independent or third-party candidate in U.S. history. But he failed to win
any electoral votes. In a three-way race, Clinton won the election, receiving 43
percent of the popular vote and 370 electoral votes.
Perot reorganized his campaign organization as the Reform Party and ran
as its candidate for president in 1996. He was less successful, receiving 8 mil-
lion votes but again no votes in the electoral college. Perot declined to run for
office again, and he relinquished control of the Reform Party, which then
became torn by infighting among its members. In both the 2000 and 2004
presidential elections, the Reform Party received less than 500,000 votes.
One-Issue Parties
Some third parties are organized over a single issue. For example, the Green-
back Party was organized after the Civil War. The party wanted the federal
government to issue paper money, or greenbacks, so it would be easier for
farmers and other debtors to pay their debts. Greenback candidates focused
only on the need for greenback dollars. After receiving relatively few votes in
the presidential elections of 1876, 1880, and 1884, the Greenback Party even-
tually died out.
REVIEW
1. What is a third or minor party?
2. Who are independent candidates?
3. Why do third-party and independent candidates often fail to win elec-
tions?
4. How do third parties and independent candidates impact presidential elec-
tions?
5. How can ideas advocated by third parties become policy without their win-
ning elections?
CHAPTER 18 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. In addition to running the government, a major goal of American polit-
ical parties is to (a) win elections (b) gain new members (c) increase the
involvement of local leader (d) make speeches.
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ESSAY
Write a well-organized essay that includes an introduction, several para-
graphs, and a conclusion discussing the party system in the United States. Be
sure to include what you believe are its strengths and weaknesses.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
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Historical Context: Critics often allege that there is very little difference
between the Democratic and Republican parties.
DOCUMENT 1
We believe that a strong America begins at home, with good jobs that
support families and an equal chance for all our people.
We believe in progress that brings prosperity for all Americans, not just
for those who are already successful. We believe that good jobs will help
strengthen and expand the strongest middle class the world has ever
known.
We believe the private sector, not government, is the engine of eco-
nomic growth and job creation. Governments responsibility is to cre-
ate an environment that will promote private sector investment, foster
vigorous competition, and strengthen the foundations of an innovative
economy.
2004 Democratic Party platform on the economy
DOCUMENT 2
Todays tax law provides big breaks for companies that send American
jobs overseas. Current deferral policies allow American companies to
avoid paying American taxes on the income earned by their foreign
subsidiaries. John Kerry and John Edwards [the Democrats 2004 nomi-
nees for president and vice president] will end deferral that encourages
companies to ship jobs overseas, and they will close other loopholes
to make the tax code work for the American worker. Theyll use the
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savings to offer tax cuts for companies that produce goods and create
jobs here at home.
2004 Democratic Party platform on taxes
Now we must keep our economy on the right path by preventing taxes
on families from going up next year, making the tax relief of the last
four years permanent, and reforming the tax code to make it simpler,
fairer, and more growth-oriented.
2004 Republican Party platform on taxes
2. How do the parties differ on taxes? Are there any similarities?
DOCUMENT 3
DOCUMENT 4
Task: Write an essay discussing similarities and differences in the goals and
positions of the Democratic and Republican parties. Are there few or no differ-
ences between the parties as critics allege, or are there major differences that
give Americans sharply contrasting alternatives on governing the nation and
enacting public policy? Make references to the documents and your knowl-
edge of U.S. government in your essay.
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Read the information below and then answer the questions that follow.
Suppose you have been asked to write a research paper to respond to the fol-
lowing question: What was the impact of Ralph Nader as a candidate in presiden-
tial elections?
Read the following list of reference resources and consider which might be
helpful in your research.
1. List each of the reference sources on your own sheet of paper. Follow
each source with one of the comments below regarding its
usefulness in your research. Explain reasons for each designation.
extremely useful
probably useful or fairly useful
likely not helpful
should not be used
2. In order, which would be the first five reference sources you would
utilize? Explain.
3. Which other reference sources would you want to utilize? Explain.
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Chapter 19
Influencing
Government
KEY TERMS
special interest public opinion random sample
group top-down exit poll
lobbyist theory public relations
junket bottom-up press release
political action theory
photo-op
committee public opinion
sound bite
(PAC) poll
404
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Those who try the hardest to influence the government usually have the
most to gain or lose. For example, corporations may oppose a new regulation
that would cost them revenue. Labor unions might want laws that increase
safety in the workplace. Senior citizens may want increases in their Social Secu-
rity benefits. The National Rifle Association (NRA) may oppose new gun-control
legislation, while the Brady Campaign to Prevent Gun Violence may support it.
The United States has thousands of special interest groups. They include
large multinational corporations such as Microsoft; civic organizations such as
Kiwanis International and the Rotary Club; labor unions; associations of pro-
fessional people such as teachers, doctors, and lawyers; associations repre-
senting businesses; organizations representing religious groups; and political
organizations that focus on one or several related issues such as the National
Organization for Women, the National Taxpayers Union, and the American
Israel Public Affairs Committee.
Lobbyists Methods
Lobbyists use several approaches to influence lawmakers.
Wine-and-Dine Approach
This method was very effective in the 1880s and 1890s. Almost every
night, lobbyists would entertain leaders of the House and Senate. However, the
wine-and-dine approach gave lobbyists a bad reputation, and it was mostly
discarded. Some lobbyists may still throw lavish parties for lawmakers and pro-
vide them with tickets to sporting events and shows. Lobbyists may also help
lawmakers arrange junkets, trips paid for by the special interest group.
Informational Approach
To vote intelligently on bills, members of Congress need information about
the effect that laws will likely have on different groups. Lobbyists are eager to
provide them with information. Certainly, the information is one-sided. But
most lawmakers are careful to get information from many sources. They listen
to lobbyists supporting a particular bill and those opposing it.
Grassroots Approach
All lawmakers worry about getting reelected. Lobbyists can publicize an
impending vote and mobilize public opinion to influence senators and repre-
sentatives. Members of special interest groups call, write, fax, or email a law-
makers office. Some groups such as the National Rifle Association (NRA), the
American Israel Public Affairs Committee (AIPAC), and the American Associa-
tion of Retired Persons (AARP) can easily get thousands of people to contact
their representatives. At election time, many groups publicize how lawmakers
vote. This tactic helps voters decide whether to support or oppose an incum-
bent lawmaker.
Lobbyists work at the state and local levels as well. They can be found in
the corridors of state legislatures, carrying signs outside capitol buildings, and
at political gatherings of all kinds. Often, special interest organizations send
groups of people who are directly affected by a proposed law to provide legal
ways to talk with and attempt to influence lawmakers.
Influence of PACs
Special interest groups may gain the attention of lawmakers by organizing a
political action committee (PAC). The purpose of a PAC is to provide
a legal way to contribute money to candidates running for office.
A PAC will not give money to every candidate. It usually gives the largest
contributions to candidates who are most likely to win election and support
its position. For example, a gun-control PAC would not give money to a candi-
date who opposes restrictions on the ownership of firearms.
Members of Congress have come to rely more on PAC contributions.
After all, PACs help them pay the enormous costs of running for office. To
meet these costs, candidates gladly accept contributions from any legitimate
source.
From the publics point of view, however, there are dangers to be noted.
What would happen, for example, if a certain member of Congress came to
rely upon the contributions of one or two special interest groups and their
PACs? He or she might feel obliged to vote in the way being urged by lobbyists
representing those groups. Lawmakers may think twice before voting in a way
that offends a major contributor.
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REVIEW
1. Define: special interest group, junket, lobbyist, and political action
committee (PAC).
2. Why do individuals and groups try to influence the government in their
favor?
3. Briefly explain the job of a lobbyist.
4. Discuss the methods used by lobbyists to influence the government.
5. Why have PACs become so powerful?
6. How did the Federal Election Campaign Act of 1971 regulate PACs?
are unwilling to take a stand because they might not have devoted enough
thought to the issue or they might not have considered the merits and draw-
backs of the proposal. In this example, public opinion is the sum of the
opinions of all who answered the question.
President Harry Truman, who was re-elected in 1948, proudly displays a copy
of the Chicago Daily Tribune, which announced his defeat before all the
votes were counted.
REVIEW
1. Define: public opinion, public opinion polls, top-down theory, bottom-up
theory, random sample, and exit poll.
2. Briefly discuss the different theories about public opinion.
3. Explain how random samples are chosen.
Public Relations
Politicians, candidates, government agencies, and special interest groups employ
people who excel in the field of public relations, which involves the creation
of a favorable image of a person, business, private organization, or product that is
then marketed to the public. In politics, people and groups use common public
relations techniques such as television, cable, and newspaper advertising, issuing
press releases, interviews with the media, photo-ops, and speeches.
Press Releases
A press release is a written statement that is made available to the media and
the public. Elected officials use press releases to announce the introduction of
new legislation and explain why they are supporting or opposing a particular
bill. Before the Internet became widely used, press releases were sent to media
outlets such as television stations, newspapers, and wire services such as the
Associated Press (AP) and Reuters. A news broadcast, newspaper article, or wire
service dispatch might have quoted or cited the press release and disseminated
its message to a large audience. Today, politicians, candidates, and groups
often post their press releases on their Web sites, where they can be read by
the media and the public.
Media Interviews
Politicians reach the public by giving interviews to members of the media.
How politicians respond to tough questions from reporters and interviewers
will influence how the public views them. Today, politicians are often the
most common guests on programs on 24-hour cable news stations such as
CNN, MSNBC, and FOX News. By appearing on these programs, politicians
will reach many of their constituents and millions of other viewers.
Photo-Ops
The purpose of a photo-op is to create a visual image for the public. For
example, an elected official may pose for photographs with schoolchildren
who come to visit him or her. The photographs are then posted on the elected
officials Web site and sent to local newspapers with the hope that they are
seen by as many people as possible and create a positive image of him or her in
the publics mind. A candidate who tours a factory or hospital is often accom-
panied by reporters, newspaper photographers, and television camera crews.
The dissemination of photographs and filmed footage of the visit also helps to
create a positive image of the candidate.
Speeches
Before the days of television, a politicians chief form of communication with
the public was speeches. Newspapers would quote an important speech at
length. Crowds gathered to listen to a speech and would feel cheated if it
lasted for only a few minutes. Many people liked long speeches and wanted to
hear them as a form of entertainment.
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When she was a U.S. senator, Hillary Clinton used interviews with the
media to help get her message across to her constituents.
Common Techniques
Most politicians and candidates today rely on speechwriters, skilled profes-
sionals who write important speeches for them. Every word is carefully cho-
sen. Once the draft of the speech is completed, politicians and candidates will
look it over. They may decide to change a few words or sentences before
settling on the final version that will be delivered to the public.
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also. The effect of such media on opinions can be quite powerful. When
listening to or watching a speech, it is important for people to recognize
the above-mentioned techniques and not be fooled by them.
REVIEW
1. Define: public relations, press release, photo-op, and sound bite.
2. How and why has the use of political speeches changed over the years?
3. Listed below are four deceptive techniques used by politicians and candidates
when they deliver speeches. For each one, briefly explain why it is effective,
and how the reasoning behind it is slanted toward one point of view: appeal
to tradition, glittering generalities, name-calling, and card stacking.
CHAPTER 19 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. The main job of a lobbyist is to (a) influence lawmaking (b) get reelected
(c) defend the nation (d) balance the budget.
2. The purpose of a Political Action Committee or PAC is to (a) propose new
legislation (b) register voters (c) contribute money to candidates running
for election (d) investigate political abuses.
3. Which law regulates PACs? (a) Campaign Finance Reform Act (b) Na-
tional Security Act (c) Patriot Act (d) Federal Election Campaign Act.
4. The Campaign Finance Reform Act (a) banned all soft money contri-
butions to political parties (b) banned all campaign contributions
(c) repealed the Federal Election Campaign Act of 1971 (d) required all
campaign ads be approved by Congress.
5. Early pollsters, such as George Gallup, were able to accurately predict elec-
tion results because they (a) interviewed millions of voters in each state
(b) made sure their sample group was typical of the larger American popu-
lation (c) used complex statistical formulas (d) used computers.
6. A technique to assure opinion polls are accurate is to make sure they are
(a) held in secret (b) randomly selected (c) well advertised (d) repeated the
next day.
7. The use of visual images in public relations is called (a) political speech
(b) press release (c) media interview (d) photo-op.
8. A speaker who uses only facts that support his or her opinion is using
which technique? (a) card stacking (b) name-calling (c) glittering general-
ities (d) appeal to tradition.
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9. A sound bite is (a) the conclusion of a speech (b) the full text of a speech
that is given to the media (c) the part of the speech that is likely to be
broadcast on news programs (d) the opening of the speech.
10. A politician who claims that President George Washington would
support his or her plan to reform Social Security is engaging in (a) card-
stacking (b) appeal to tradition (c) name-calling (d) glittering generalities.
ESSAY
Write a well-organized essay that includes an introduction, several para-
graphs, and a conclusion discussing how political interest groups can be bene-
ficial but also act against the public interest.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
Historical Context: The U.S. Constitution gives Americans the right to peti-
tion their government. However, there is concern that some people, groups,
or businesses might exercise too much influence on the government at the
expense of the common good.
DOCUMENT 1
DOCUMENT 2
DOCUMENT 3
DOCUMENT 4
Task: Write an essay on how some groups might exert too much influence on
the government and how such influence might be curtailed to serve the com-
mon good. Make references to the documents and your knowledge of U.S.
government in your essay.
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Chapter 20
Citizenship: You
and the Law
KEY TERMS
right injunction property tax
obligation plea toll
public property civil estate tax
private property disobedience Selective
civil suit grand jury Service System
plaintiff petit jury draft
defendant verdict naturalization
summons sales tax USCIS
What is the role of the individual in society? After discussing the topics of
rights and obligations, you will learn about the individuals role in American
society. All people are expected to obey the law. People who break the law or
violate the rights of others can be prosecuted in criminal court or sued in civil
court. This chapter also covers the civil duties of serving on juries, paying
taxes, and registering with the Selective Service. The final section looks at the
naturalization process, how immigrants become citizens of the United States.
421
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There are also rules to be followed in borrowing a book. The book must be
returned by a certain date. It must be in the same condition as when it was
borrowed. The borrower follows rules for the sake of other borrowers, not just
for the sake of the library and its staff.
Public Property
A library is just one example of property built and operated by the government
for public use. Here are some other examples of public property: the Grand
Canyon, the Washington Monument, state courthouses, local parks, and public
beaches.
The federal government manages the Grand Canyon and the Wash-
ington Monument. State governments administer state courthouses. Local
governments run local parks and beaches. Governments only manage these
properties. They are not the real owners of them. The owners are the American
people.
Civil Suits
People who believe that their rights have been violated can take legal action.
They can file civil suit in civil court against the person, persons, or business
they allege harmed them and seek monetary damages or some type of action.
The individual who files the lawsuit is the plaintiff. The person or business
that is being sued is the defendant.
The defendant receives a summons, a formal notice to appear in civil
court, and a copy of the complaint or lawsuit. Both the plaintiff and the
defendant hire lawyers to represent them in court. Instead of going to trial,
however, both sides may decide to settle the case and reach an agreement that
they find fair and reasonable.
If the case goes to trial, a jury or a judge decides the outcome. If the defen-
dant loses the case, he or she might be forced to pay a large sum of money in
damages to the plaintiff.
In other civil cases, plaintiffs petition the court to issue some sort of
action. For example, a homeowner might ask the court to issue an injunc-
tion, a court order that stops an activity, against a neighbor who is building a
new garage that crosses into his or her property.
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Criminal Cases
People who break the law may be arrested, charged with a crime, and if found
guilty, punished with a fine, imprisonment, and even death. In the United
States, there are two types of crimes. A misdemeanor is a minor crime such as
stealing a small sum of money or something inexpensive, vandalism, and
public drunkenness. The penalty can range from a fine to a short stint in jail.
By contrast, felonies are very serious crimes such as murder, robbery, and drug
dealing. In criminal cases, the plaintiff is the public, and the defendant is the
person charged with a felony. In court, the prosecutor, as an official representa-
tive of the state, argues a criminal case against the defendant. If a defendant is
found guilty, he or she may be fined a large sum of money, jailed for a long
term, or, depending on the severity of the crime, executed.
If a defendant feels that the states case is solid, he or she may decide to
reach a plea, an agreement with the prosecutor that avoidsor endsthe
criminal trial. After reaching a plea, a defendant admits in court that he or she
is guilty of a crime (usually one less serious than the one specified in the origi-
nal indictment) and receives a less serious punishment.
Civil Disobedience
People occasionally break the law peacefully in order to protest and draw pub-
lic attention to unjust laws and policies. Such protest, which often results in
During the civil rights movement, students participated in lunch counter sit-ins as a form of civil
disobedience.
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arrest and prosecution, is called civil disobedience. For example, during the
1950s and 1960s, African Americans in the South sometimes broke the law by
engaging in sit-ins, sitting at lunch counters legally reserved for whites in
order to protest racial segregation. Although they were always arrested by the
local police, the protesters succeeded in drawing national attention to the
injustice of racial segregation, which was eventually abandoned in the South
and elsewhere.
REVIEW
1. Define: public property, plaintiff, civil suit, defendant, summons, injunc-
tion, private property, plea, sit-in, and civil disobedience.
2. Explain the difference between rights and obligations.
3. What does it mean when a civil case is settled?
4. What does an injunction do?
5. What is the difference between a misdemeanor and a felony?
Grand Jury
The sole purpose of a grand jury is to decide whether there is enough evidence
to indict a person for a crime. The states prosecuting attorney presents the evi-
dence. After listening to it, members of the grand jury vote on whether the sus-
pect should be formally indicted and made to stand trial. Federal and state laws
require that grand jury proceedings must be conducted in secret.
Petit Jury
The grand jury begins criminal proceedings; the petit jury ends them. This
smaller jury is composed of 6 to 12 citizens. The judge who presides over the
trial of a case instructs the jurors. They listen to lawyers questioning witnesses.
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A jury listens to testimony in court. Court officials select citizens for jury duty from lists of
registered voters, licensed drivers, and state taxpayers.
One or more lawyers represent the plaintiff, while one or more lawyers repre-
sent the defendant. Finally, after all evidence has been presented, the jurors
leave the courtroom. Behind a closed and guarded door, they discuss the case
among themselves. When they reach a final decisionor verdictthey
return to the courtroom where it is announced.
Serving on a Jury
Who is chosen to serve on either a grand jury or a petit jury? Jurors are
selected at random from a long list of people who have registered to vote.
When someones name is drawn, that person receives a written notice, or
summons, in the mail. The notice specifies when a person must report for jury
duty. In order to get out of jury duty, a person must give a valid reason such as
personal or family illness.
An employer is required by law to allow employees time off to serve on a
jury when called. A person cannot be penalized by losing either his or her job
or wages for the days of service on the jury. Employees, however, are expected
to give an employer fair notice when reporting for jury duty.
At the local courthouse, potential jurors are seated in a waiting room with
a large number of other citizens. It may be several hours or days before they
are finally assigned to a particular jury in a particular case. Attorneys repre-
senting both sides carefully question jurors, seeing if they have any bias that
will undermine their objectivity.
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Rules of Evidence
Before a trial begins, the judge sets down certain rules. Here are three impor-
tant ones:
Jurors must consider only the evidence presented in the courtroom and
ignore everything about the case that may have been reported in the media.
Before the final verdict, jurors cannot discuss the trial with anyone outside
the courtroom, including family members.
In criminal cases, jurors are reminded that a defendant is innocent until
proven guilty beyond a reasonable doubt. In other words, if the evidence
does not absolutely convince jurors of a persons guilt, they must find the
person not guilty.
Selective Service
When men turn 18 years old, they are legally required to register with the
Selective Service System, in case of emergency requires a draft. In the past
during times of war, the United States drafted young men for military
service. They immediately abandoned their civilian lives to report for military
training and subsequent deployment to combat. Those who attempt to avoid
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military service were arrested and prosecuted for evading the draft, a serious
crime.
As the Vietnam War escalated in the late 1960s, a growing number of
Americans began to vocally protest the conflict. Antiwar demonstrations
became frequent around the country. As part of the protest, thousands of
young men evaded military service by fleeing to Canada, Sweden, and other
countries. (In 1977, President Jimmy Carter granted an amnesty to the draft
evaders, which legally absolved them of any criminal charges.)
In 1973, draft registration was temporarily abandoned. In 1980, after the
Soviet Union invaded Afghanistan, President Carter reinstated registration in
case the United States was forced to intervene. Since then, the United States
has been able to maintain a strong all-volunteer military, without the need for
a draft.
REVIEW
1. Define: indict, verdict, sales tax, property tax, toll, estate tax, Selective
Service, and draft.
2. What are two responsibilities of people living in a democracy?
3. Explain the difference between a grand jury and a petit jury.
4. Briefly describe three important rules of evidence that judges expect their
juries to follow.
5. What type of taxes do people pay to governments?
6. Why hasnt the military draft been used since the Vietnam War?
In becoming U.S. citizens, immigrants take their oath of allegiance to the U.S. Constitution.
During this time, he or she should make an effort to learn English in order to
be prepared for the governments test.
After five years of residency, if the immigrant is 18 years old or older, he or
she may fill out a document issued by the USCIS. It is a petition to become a
U.S. citizen. The USCIS will now conduct an investigation. Agents will ask
employers and neighbors about the applicant. They will want to determine
whether he or she can be depended upon to respect the laws of the country.
The applicant will be asked questions in a simple test about U.S. history and
the Constitution. He or she may have to prepare for the test by attending
classes and studying a book on U.S. government (given free by the USCIS).
The last step begins as the immigrant walks proudly up the steps of a federal
courthouse. As he or she stands with other immigrants in a judges courtroom,
they will take an oath of allegiance to the United States and its Constitution.
The judge will then give him or her a certificate declaring that he or she is now
a naturalized citizen of the United States.
REVIEW
1. Define or identify: USCIS and naturalization.
2. Describe the requirements an immigrant must meet before becoming a
citizen.
3. Explain how people are automatically entitled to citizenship.
4. How can people lose their citizenship?
CHAPTER 20 REVIEW
Multiple-Choice Questions
Read each question carefully and choose the best answer.
1. A right is something that (a) citizens owe to the nation (b) citizens owe to
one another (c) the government gives to citizens (d) the government
gives to other countries.
2. Public property is (a) owned by the government (b) owned by private cit-
izens (c) managed by the government (d) maintained with voluntary
contributions.
3. The person making the complaint in a civil lawsuit is called the (a) plain-
tiff (b) defense attorney (c) prosecutor (d) defendant.
4. The person charged with a crime in a criminal case is called the (a) defen-
dant (b) plaintiff (c) prosecutor (d) defense attorney.
5. Serious crimes such as murder or armed robbery are (a) misdemeanors
(b) often settled out of court (c) handled by civil courts (d) felonies.
6. The job of a grand jury is to (a) try all cases of tax fraud (b) determine
guilt or innocence in a criminal trial (c) determine if there is enough evi-
dence to hold a criminal trial (d) determine who was at fault in a civil
trial.
7. The purpose of a petit jury is to (a) uncover enough evidence to hold a
criminal trial (b) determine guilt in criminal cases or blame in civil cases
(c) determine who was at fault in a civil trial (d) settle small claims.
8. A person born in a foreign country who has become an American citizen
is known as a/an (a) alien resident (b) emigrant (c) naturalized American
(d) illegal alien.
9. Which government agency enforces Congresss laws regarding immigra-
tion? (a) USCIS (b) Department of State (c) FBI (d) Selective Service
10. Citizenship can be taken away if a person (a) complains about taxes too
often (b) refuses to vote (c) becomes a citizen of another country (d) signs
a petition.
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ESSAY
Write a well-organized essay that includes an introduction, several paragraphs,
and a conclusion discussing the idea of rights and obligations.
Document-Based Questions
Read and analyze each document and answer the question that follows it.
Then read the task and write your essay. Essays should include references to
most of the documents along with additional information based on your
knowledge of U.S. government.
Historical Context: Americans are told to obey the law and often warned that
society could degenerate into anarchy if everyone broke the law when they
wanted. However, some Americans believe that there are times when peace-
fully breaking the law, even in a free and democratic country such as the
United States, might be necessary.
DOCUMENT 1
DOCUMENT 2
After all, the practical reason why, when the power is once in the hands
of the people, a majority are permitted, and for a long period continue,
to rule is not because they are most likely to be in the right, nor because
this seems fairest to the minority, but because they are physically the
strongest. But a government in which the majority rule in all cases can-
not be based on justice, even as far as men understand it. Can there not
be a government in which majorities do not virtually decide right and
wrong, but conscience?in which majorities decide only those ques-
tions to which the rule of expediency is applicable? Must the citizen
ever for a moment, or in the least degree, resign his conscience to the
legislator? Why has every man a conscience, then? I think that we
should be men first, and subjects afterward. It is not desirable to
cultivate a respect for the law, so much as for the right. The only obliga-
tion which I have a right to assume is to do at any time what I think
right. It is truly enough said that a corporation has no conscience; but a
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A. Read the information below and answer the questions that follow.
Juanita is running for president of the student body. During her first
three years at King High School, she served for six semesters as presi-
dent of school clubs. Additionally, she has earned the School Service
award twice. This is a remarkably impressive record. Voting will be held in
the cafeteria on September 9 during lunch periods. If youre smart, youll
be sure to vote.
The Declaration of
Independence
W
hen in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them
with another, and to assume, among the powers of the earth, the
separate and equal station to which the laws of nature and of natures God
entitle them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation.
We hold these truths to be self-evident: that all men are created equal;
that they are endowed by their Creator with certain unalienable rights; that
among these are life, liberty, and the pursuit of happiness.
That to secure these rights, governments are instituted among men, deriv-
ing their just powers from the consent of the governed. That, whenever any
form of government becomes destructive of these ends, it is the right of the
people to alter or to abolish it, and to institute new government, laying its
foundation on such principles, and organizing its powers in such form, as to
them shall seem most likely to effect their safety and happiness. Prudence,
indeed, will dictate that governments long established should not be changed
for light and transient causes; and, accordingly, all experience hath shown
that mankind are more disposed to suffer, while evils are sufferable, than to
right themselves by abolishing the forms to which they are accustomed. But
when a long train of abuses and usurpations, pursuing invariably the same
object, evinces a design to reduce them under absolute despotism, it is their
right, it is their duty, to throw off such government, and to provide new
guards for their future security.
Such has been the patient sufferance of these colonies; and such is now
the necessity which constrains them to alter their former systems of
435
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[South Carolina]
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton
Edward Rutledge
[Virginia]
Carter Braxton
Benjamin Harrison
Thomas Jefferson
Francis Lightfoot Lee
Richard Henry Lee
Thomas Nelson, Jr.
George Wythe
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PREAMBLE
W
e the people of the United States, in order to form a more perfect
Union, establish justice, insure domestic tranquility,1 provide for
the common defense, promote the general welfare, and secure the
blessings of liberty to ourselves and our posterity [descendants], do ordain
[issue] and establish this Constitution for the United States of America.
ARTICLE I. CONGRESS
Section 1. Legislative Power All legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist of a Senate and
House of Representatives.
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the several states which may be included within this Union according to their
respective numbers [population], which shall be determined by adding to the
whole number of free persons, including those bound to service for a term of years
[indentured servants], and excluding Indians not taxed, three-fifths of all other
persons.3 The actual enumeration [census] shall be made within three years
after the first meeting of the Congress of the United States, and within every
subsequent term of ten years, in such manner as they shall by law direct. The
number of representatives shall not exceed one for every thirty thousand, but
each state shall have at least one representative; and until such enumeration
shall be made, the State of New Hampshire shall be entitled to choose three,
Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut
five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland
six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.4
[4] When vacancies happen in the representation from any state, the
executive authority [governor] thereof shall issue writs of election5 to fill such
vacancies.
[5] The House of Representatives shall choose their Speaker and other offi-
cers; and shall have the sole power of impeachment.6
Section 3. Senate [1] The Senate of the United States shall be composed of
two senators from each state, chosen by the legislature thereof,7 for six years; and
each senator shall have one vote.
[2] Immediately after they shall be assembled in consequence of the first elec-
tion, they shall be divided as equally as may be into three classes. The seats of the
senators of the first class shall be vacated at the expiration of the second year, of the
second class at the expiration of the fourth year, and of the third class at the expi-
ration of the sixth year,8 so that one-third may be chosen every second year;
and if vacancies happen by resignation, or otherwise, during the recess of the legis-
lature of any state, the executive [governor] thereof may make temporary appoint-
ments until the next meeting of the legislature, which shall then fill such vacancies.9
[3] No person shall be a senator who shall not have attained to the age of
thirty years and been nine years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that state for which he shall be chosen.
after, only one-third of its members would be subject to replacement at each succes-
sive election.
9 Modified by Amendment XVII, which states that the governor may also schedule a
special election.
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[4] The vice president of the United States shall be president of the Senate,
but shall have no vote, unless they be equally divided [tied].
[5] The Senate shall choose their other officers, and also a president pro
tempore [temporary presiding officer], in the absence of the vice president, or
when he shall exercise the office of president of the United States.
[6] The Senate shall have sole power to try all impeachments.10 When sit-
ting for that purpose, they shall be on oath or affirmation.11 When the pres-
ident of the United States is tried, the chief justice [of the United States] shall
preside; and no person shall be convicted without the concurrence [agree-
ment] of two-thirds of the members present.
[7] Judgment in cases of impeachment shall not extend further than to
removal from office, and disqualification to hold and enjoy any office of
honor, trust, or profit under the United States; but the party convicted shall
nevertheless be liable and subject to indictment, trial, judgment, and punish-
ment, according to law.
Section 4. Elections and Meetings of Congress [1] The times, places, and
manner of holding elections for senators and representatives shall be pre-
scribed [designated] in each state by the legislature thereof; but the Congress
may at any time by law make or alter such regulations, except as to the places
of choosing senators.
[2] The Congress shall assemble at least once in every year, and such meet-
ing shall be on the first Monday in December,12 unless they shall by law appoint
a different day.
Section 5. Rules and Procedures of the Two Houses [1] Each house shall
be the judge of the elections, returns, and qualifications of its own mem-
bers,13 and a majority of each shall constitute a quorum14 to do business; but
a smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and under such
penalties, as each house may provide.
[2] Each house may determine the rules of its proceedings, punish its
members for disorderly behavior, and with the concurrence of two-thirds,
expel a member.
[3] Each house shall keep a journal [record] of its proceedings, and from
10 To try all impeachments means to conduct the trials of officials impeached by the
House of Representatives. When trying such cases, the Senate serves as a court.
11 If taking an oath violates a members religious principles, that person may affirm
elected member.
14 A quorum is the number of members that must be present in order to conduct business.
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time to time publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas [affirmative votes] and nays [negative votes] of
the members of either house on any question shall, at the desire of one-fifth
of those present, be entered on the journal.
[4] Neither house, during the session of Congress, shall, without the con-
sent of the other, adjourn for more than three days, nor to any other place
than that in which the two houses shall be sitting.
Section 6. Members Privileges and Restrictions [1] The senators and rep-
resentatives shall receive a compensation [salary] for their services, to be
ascertained [fixed] by law and paid out of the treasury of the United States.
They shall in all cases, except treason, felony [serious crime], and breach of the
peace [disorderly conduct], be privileged [immune] from arrest during their
attendance at the session of their respective houses, and in going to and
returning from the same; and for any speech or debate in either house, they
shall not be questioned in any other place.15
[2] No senator or representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the United
States, which shall have been created, or the emoluments [salary] whereof
shall have been increased, during such time; and no person holding any
office under the United States shall be a member of either house during his
continuance in office.
Section 7. Lawmaking Procedures [1] All bills for raising revenue shall
originate [be introduced] in the House of Representatives; but the Senate may
propose or concur with [approve] amendments as on other bills.
[2] Every bill which shall have passed the House of Representatives and
the Senate shall, before it becomes a law, be presented to the president of the
United States; if he approve, he shall sign it, but if not, he shall return it, with
his objections, to that house in which it shall have originated, who shall enter
the objections at large on their journal, and proceed to reconsider it. If after
such reconsideration two-thirds of that house shall agree to pass the bill, it
shall be sent, together with the objections, to the other house, by which it
shall likewise be reconsidered, and, if approved by two-thirds of that house,
it shall become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journal of each house respectively. If
any bill shall not be returned by the president within ten days (Sundays
excepted) after it shall have been presented to him, the same shall be a law,
15 They shall not be questioned in any other place means that they may not be sued
for slander or libel. Freedom from arrest during congressional sessions and freedom of
speech within the halls of Congresstwo privileges granted to members of Congress
are known as congressional immunity.
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in like manner as if he had signed it, unless the Congress by their adjourn-
ment prevent its return, in which case it shall not be a law.16
[3] Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on a question
of adjournment) shall be presented to the president of the United States; and
before the same shall take effect, shall be approved by him, or, being disap-
proved by him, shall be repassed by two-thirds of the Senate and House of
Representatives, according to the rules and limitations prescribed in the case
of a bill.
16 If Congress adjourns before the ten-day period is up, the president can kill a bill by
ignoring it (putting it in his pocket). Therefore, this type of presidential rejection is
called a pocket veto.
17 Duties, imposts, and excises are forms of taxation. Duties and imposts are taxes on
imports. Excises are taxes on goods produced or services performed within a country.
18 Making an imitation with the intent of passing it as the genuine article.
19 Copyright and patent laws, passed by Congress on the basis of this clause, protect
[11] To declare war, grant letters of marque and reprisal,21 and make rules
concerning captures on land and water;
[12] To raise and support armies, but no appropriation of money to that
use shall be for a longer term than two years;
[13] To provide and maintain a navy;
[14] To make rules for the government and regulation of the land and
naval forces;
[15] To provide for calling forth the militia22 to execute [carry out] the
laws of the Union, suppress [put down] insurrections [rebellions], and repel
[drive back] invasions;
[16] To provide for organizing, arming, and disciplining [training] the
militia, and for governing such part of them as may be employed in the serv-
ice of the United States, reserving to the states respectively the appointment
of the officers, and the authority of training the militia according to the dis-
cipline [regulations] prescribed by Congress;
[17] To exercise exclusive legislation in all cases whatsoever, over such dis-
trict23 (not exceeding ten miles square) as may, by cession of particular states,
and the acceptance of Congress, become the seat of government of the United
States, and to exercise like authority over all places purchased by the consent
of the legislature of the state in which the same shall be, for the erection of
forts, magazines, arsenals, dockyards, and other needful buildings; and
[18] To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers and all other powers vested by this
Constitution in the government of the United States, or in any department or
officer thereof.24
21 Letters of marque and reprisal are government licenses issued to private citizens in
time of war authorizing them to fit out armed vessels (called privateers) for the purpose
of capturing or destroying enemy ships.
22 Citizen soldiers who are not in the regular armed forces but are subject to military
[2] The privilege of the writ of habeas corpus26 shall not be suspended,
unless when in cases of rebellion or invasion the public safety may require it.
[3] No bill of attainder27 or ex post facto law28 shall be passed.
[4] No capitation [head] or other direct tax shall be laid, unless in propor-
tion to the census or enumeration herein before directed to be taken.29
[5] No tax or duty shall be laid on articles exported from any state.
[6] No preference shall be given by any regulation of commerce or rev-
enue to the ports of one state over those of another; nor shall vessels bound
to, or from, one state be obliged to enter, clear, or pay duties in another.
[7] No money shall be drawn from the treasury, but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from time to
time.
[8] No title of nobility shall be granted by the United States; and no per-
son holding any office of profit or trust under them shall, without the con-
sent of the Congress, accept of any present, emolument, office, or title, of any
kind whatever, from any king, prince, or foreign state.
Section 10. Powers Denied to the States [1] No state shall enter into any
treaty, alliance, or confederation; grant letters of marque and reprisal; coin
money; emit bills of credit;30 make anything but gold and silver coin a tender
[legal money] in payment of debts; pass any bill of attainder, ex post
facto law, or law impairing the obligation of contracts,31 or grant any title of
nobility.
[2] No state shall, without the consent of the Congress, lay any imposts
or duties on imports or exports, except what may be absolutely necessary for
executing its inspection laws; and the net produce [income] of all duties and
imposts, laid by any state on imports or exports, shall be for the use of the
treasury of the United States; and all such laws shall be subject to the revision
and control of the Congress.
[3] No state shall, without the consent of Congress, lay any duty of
tonnage,32 keep troops33 or ships of war in time of peace, enter into any
26 A writ of habeas corpus is a court order obtained by a person taken into custody,
demanding to know the reasons for imprisonment. If the court rules that the reasons
are insufficient, the prisoner is released.
27 A law that deprives a person of civil rights without a trial.
28 A law that punishes a person for a past action that was not unlawful at the time it
was committed.
29 Modified by Amendment XVI.
30 Emit bills of credit means issue paper money.
31 Impairing the obligation of contracts means weakening the obligations persons
president; neither shall any person be eligible to that office who shall not
have attained to the age of thirty-five years and been fourteen years a resident
within the United States.
[6] In case of the removal of the president from office, or of his death, res-
ignation, or inability to discharge the powers and duties of the said office, the
same shall devolve on the vice president, and the Congress may by law pro-
vide for the case of removal, death, resignation, or inability, both of the pres-
ident and vice president, declaring what officer shall then act as president,
and such officer shall act accordingly, until the disability be removed, or a
president shall be elected.37
[7] The president shall, at stated times, receive for his services a compen-
sation, which shall neither be increased nor diminished [decreased] during
the period for which he shall have been elected, and he shall not receive with-
in that period any other emolument from the United States, or any of them.
[8] Before he enter on the execution of his office, he shall take the follow-
ing oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully execute the office of
President of the United States, and will, to the best of my ability, preserve,
protect, and defend the Constitution of the United States.
Section 4. Impeachment The president, vice president, and all civil officers40
of the United States, shall be removed from office on impeachment for, and con-
viction of, treason, bribery, or other high crimes and misdemeanors [offenses].
40 Civil officers include executive and judicial officials, but not members of Congress
or officers in the armed forces.
41 Cases in law refers mainly to disputes that arise from the violation of, or the inter-
pretation of, federal laws, treaties, or the Constitution. Equity is a branch of the law
that deals more generally with the prevention of injustice.
42 Legal disputes involving ships and shipping on the high seas, in territorial waters,
eral courts by a citizen of another state (or by a citizen of a foreign country). A state,
however, retains the right to sue a citizen of another state (or a citizen of a foreign
country) in the federal courts.
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between citizens of different states, between citizens of the same state claim-
ing lands under grants of different states, and between a state, or the citizens
thereof, and foreign states, citizens, or subjects.44
[2] In all cases affecting ambassadors, other public ministers, and consuls,
and those in which a state shall be a party, the Supreme Court shall have orig-
inal jurisdiction.45 In all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction,46 both as to law and fact, with such excep-
tions and under such regulations as the Congress shall make.
[3] The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the state where the said crimes shall have
been committed; but when not committed within any state, the trial shall be
at such place or places as the Congress may by law have directed.
Section 3. Treason [1] Treason against the United States shall consist only in
levying [carrying on] war against them, or in adhering to [assisting] their ene-
mies, giving them aid and comfort. No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt [open; public] act,
or on confession in open court.
[2] The Congress shall have power to declare the punishment of treason,
but no attainder of treason shall work corruption of blood or forfeiture except
during the life of the person attainted.47
Section 2. Mutual Obligations of States [1] The citizens of each state shall
be entitled to all privileges and immunities of citizens in the several states.
[2] A person charged in any state with treason, felony, or other crime, who
children or heirs.
48 The official acts of each state must be accepted by the other states. The full-faith-
shall flee from justice and be found in another state, shall, on demand of the
executive authority of the state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the crime.49
[3] No person held to service or labor in one state, under the laws thereof, escap-
ing into another, shall, in consequence of any law or regulation therein, be dis-
charged from such service or labor, but shall be delivered up on claim of the party to
whom such service or labor may be due.50
Section 3. New States and Territories [1] New states may be admitted by
the Congress into this Union; but no new state shall be formed or erected
within the jurisdiction of any other state; nor any state be formed by the
junction [joining] of two or more states, or parts of states, without the con-
sent of the legislatures of the states concerned as well as of the Congress.
[2] The Congress shall have power to dispose of and make all needful rules
and regulations respecting the territory or other property belonging to the
United States; and nothing in this Constitution shall be so construed [inter-
preted] as to prejudice [damage] any claims of the United States, or of any par-
ticular state.
Section 4. Federal Guarantees to the States The United States shall guar-
antee to every state in this Union a republican form of government, and shall
protect each of them against invasion; and on application of the legislature,
or of the executive (when the legislature cannot be convened), against domes-
tic violence [riots].
49 The delivery by one state or government to another of fugitives from justice is called
extradition.
50 Since the phrase person held to service or labor refers to a slave, this clause was
52This supremacy clause means that federal laws always override state legislation in
cases of conflict.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 453
death or imprisonment. Before someone may be tried for such a crime, a grand jury
must decide that sufficient evidence exists to bring that person to trial.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 454
4 A person may not be tried twice for the same offense (double jeopardy).
5 Due process of law means proper legal procedure.
6 The government has the power of eminent domain, or the right to take private proper-
ty for public use. This provision requires the government to pay the owner a fair price
for such property.
7 The accused person has the right to request the court to issue an order, or subpoena,
ilar cases). Originating in England, it was brought to the English colonies by the early
settlers and became the foundation of the American legal system.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 455
cases.
13 This clause nullifies the three-fifths formula of Article 1, Section 2.
14 Italicized words in this section were invalidated by Amendments XIX and XXVI.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 457
Section 4. Valid Public Debt Defined The validity [legality] of the public
debt of the United States, authorized by law, including debts incurred for pay-
ment of pensions and bounties [extra allowances] for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United
States nor any state shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or any claim for the loss
or emancipation [liberation] of any slave; but all such debts, obligations, and
claims shall be held illegal and void.
Section 2. Enforcement Power The Congress and the several states shall have
concurrent power to enforce this article by appropriate legislation.
16 Temporary provision designed to protect those elected under the system previously
in effect.
17 This entire amendment was repealed in 1933 by Amendment XXI.
18 This amendment is often called the Lame Duck Amendment because it shortened
the period (from four months to two) between the elections in November and the time
when defeated officeholders or officeholders who do not run again (known as lame
ducks) leave office.
19 A successor is a person who is elected or appointed to replace another in a public
office.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 459
Section 3. Presidential Succession If, at the time fixed for the beginning of
the term of the president, the president-elect21 shall have died, the vice
presidentelect shall become president. If a president shall not have been
chosen before the time fixed for the beginning of his term, or if the president-
elect shall have failed to qualify, then the vice presidentelect shall act as
president until a president shall have qualified; and the Congress may by law
provide for the case wherein neither a president-elect nor a vice president
elect shall have qualified, declaring who shall then act as president, or the
manner in which one who is to act shall be selected, and such person shall
act accordingly until a president or vice president shall have qualified.
Section 5. Effective Date Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.22
24 This section allowed individual states to prohibit the use of intoxicating liquors if
they wished to.
25 This was the first amendment to be submitted by Congress for ratification by state
ident, to be electors appointed by a state; and they shall meet in the district
and perform such duties as provided by the Twelfth Article of amendment.30
30 By providing for electors, this amendment gave residents of Washington, D.C., the
right to vote for president and vice president.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 462
[2] Thereafter, when the president transmits to the president pro tempore
of the Senate and the Speaker of the House of Representatives his written dec-
laration that no inability exists, he shall resume the powers and duties of his
office unless the vice president and a majority of either the principal officers
of the executive department, or of such other body as Congress may by law
provide, transmit within four days to the president pro tempore of the Senate
and the Speaker of the House of Representatives their written declaration that
the president is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within 48 hours for
that purpose if not in session. If the Congress, within 21 days after receipt of
the latter written declaration, or, if Congress is not in session, within 21 days
after Congress is required to assemble, determines by two-thirds vote of both
houses that the president is unable to discharge the powers and duties of his
office, the vice president shall continue to discharge the same as acting pres-
ident; otherwise, the president shall resume the powers and duties of his
office.
463
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 464
The decision: The Court allowed a new federal law that outlawed
partial-birth abortions, even if the mothers health was in jeopardy.
In re Gault, 1967
The facts: Gerald Gault, age 15, was a juvenile with a record of delinquency
(action that would have been considered criminal if he had been an adult).
For one offense, he was detained by police, questioned in a juvenile court,
and committed to an Arizona state industrial school (or reform school). In
court, he had not been represented by a lawyer or formally notified of the
charges against him.
The constitutional question: Does the right to due process of law, as
guaranteed by the Fourteenth Amendment, apply to juveniles as well as
adults?
The decision: Yes, juveniles are entitled to many of the same due pro-
cess rights as adults. Gaults rights under the Fourteenth Amendment were
violated.
ing in a sexually intimate act. The police arrested both men, who were convict-
ed on the basis of a Texas law that prohibits two individuals of the same sex
from engaging in deviate sexual intercourse. They were fined $200.
The constitutional question: Does the Texas Homosexual Conduct
law, by defining the consensual sexual activity of homosexual couples as ille-
gal but not doing so for the same activity performed by heterosexual couples,
violate the Fourteenth Amendment of the Constitution that guarantees all
individuals equal protection under the law?
The decision: The court decision overturned Texas laws prohibiting sex-
ual acts by homosexual couples.
the states abortion law. They argued that the law was an unconstitutional
infringement of a womans right to privacy.
The constitutional question: Was the landmark case of Roe v. Wade
(see below) still a valid interpretation of the Constitutionor should it be
overturned?
The decision: According to the majority opinion, the essential holding
of Roe v. Wade should be retained and once again reaffirmed. On the other
hand, the Pennsylvania law restricting abortions was also declared to be valid.
New York. But she refused to permit a caseworker to visit her home, as
required by the states welfare laws. The state then cut off welfare payments.
James sued, claiming that her rights under the Fourth and Fourteenth amend-
ments had been violated.
The constitutional question: Can a state law require home visits to be
part of its procedure for administering welfare services?
The decision: Yes, New Yorks law was reasonable. Under the Fourth
Amendment, James had a right to refuse the home visits. But the state was
also entitled to cut off welfare payments as a result.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 471
Glossary
A
abolitionist: person committed to the cause of doing away with slavery.
administration: the officials directing the government of a country.
agency: an administrative division of the government.
ambassador: a representative of a government to another government.
amendment: a bill adding or making a change to an article of the U.S.
Constitution.
amendment process: Amendments are first proposed by Congress and
then submitted to state legislatures for their ratification. The Constitution
requires that at least two-thirds of the members of both houses of Congress
approve an amendment. Once passed in this manner, three-fourths of the
state legislatures must ratify the amendment, and once that happens, it
becomes part of the Constitution.
amnesty: absolving a large number of people from facing criminal charges.
Antifederalists: a political party/philosophy that supported states govern-
ing authority over a strong federal government in colonial America.
appellate jurisdiction: authority of a court to hear and review cases decid-
ed in a lower court.
article: rules that are defined in the U. S. Constitution governing society.
Articles of Confederation: the first constitution of the 13 colonies of the
United States of America.
attorney general: head of the Justice Department, helps the president
enforce the nations laws.
auditor: a person who goes through personal or company financial papers
to check for discrepancies.
Australian ballot: a system of voting in the United States that originated
in Australia. The state prints copies of one official ballot, the only ballot
issued to qualified voters at polling places. Voters mark their vote in private
for an office. This system is used to prevent voter fraud and intimidation.
autocracy: a political system with one ruler who makes all the decisions in
government.
B
balanced budget: when the revenues and expenditures are equal.
ballot: anything that voters mark or manipulate in order to make their
choices known on Election Day.
bicameral: separation into two lawmaking houses.
471
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 472
472 GLOSSARY
C
Cabinet: a group of people who advise the president on specific matters.
capital crime: a crime for which punishment can be death.
capitalism: a system of free enterprise where anyone who wishes may start
a business to sell goods or services to the public.
caucus: political party meeting.
censure: blaming or condemning sternly.
census: count of the population (in the United States, every ten years).
challengers: candidates who seek to defeat incumbents.
charter: a legal paper incorporating a town or municipality.
checks and balances: a system in which each of the other two branches in
the government can help prevent one branch from getting too powerful.
chief executive: the head officer of the executive branch (that is, the
president).
chief justice: the head of the Supreme Court.
chief of state: the leader of a state, who conducts patriotic ceremonies and
honors citizens for outstanding service, and depending on the form of gov-
ernment, may run the state government.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 473
GLOSSARY 473
circuits: 13 designated areas used by the U.S. court of appeals for all of
America.
city commission: group of five members, each appointed commissioner of
some area of running a city (for example, finance commissioner).
civil disobedience: breaking the law peacefully in order to protest and draw
public attention to unjust laws and policies.
civil service: employment structure with criteria created to counteract the
use of the spoils system to make sure that people are hired on merit and not
on loyalty and support.
civil suit: an action taken in a court of law by someone who feels he or she
has been harmed or damaged by another individual or corporation.
Civil War amendments: changes made to the Constitution during or due
to the Civil War (18611865).
coattail effect: the popularity of the candidate heading a party ticket helps
to carry into office lesser candidates from the same party who appear on the
same ballot.
cold war: a state of political hostility between countries using means short
of armed warfare. In American history, refers to the relations between the
United States and the Soviet Union between the years 1945 and 1989.
commander in chief: the leader of all branches of the U.S. military, a
responsibility assigned to the president by the Constitution.
Committee of the Whole: when at least 100 members are present in the
House chamber, the committee may conduct the Houses day-to-day business.
commonwealth: a nation or state governed by its people; a republic. Some
U.S. states, such as Kentucky, Massachusetts, Pennsylvania, and Virginia refer
to themselves this way.
communism: an economic system in which the central government deter-
mines what goods and services should be produced and how they should be
distributed.
community policing: the police and citizens jointly provide police services,
responsible for reducing crime and improving the quality of life in local
neighborhoods.
comptroller: supervisor of accounting and financial reporting in an organ-
ization.
concurrent powers: powers that are held in common, or shared, by both
the states and the federal government (for example, powers to tax, borrow
money, and establish a court system).
confederate system: local governments have more power than the central
government.
conference committee: a group of lawmakers drawn from both the House
and the Senate whose goal is to resolve the differences between two versions
of a bill passed by the two houses.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 474
474 GLOSSARY
D
dark horse: a little-known candidate. First applied to James K. Polk of
Tennessee, who won the Democratic Partys 1844 presidential nomination
over many better-known candidates.
defendant: a person or business that is being sued or accused of wrong-
doing.
deficit: gap between expenses and receipts, when expenses are greater.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 475
GLOSSARY 475
E
elastic clause: section of the Constitution that empowers Congress to pass
laws it considers necessary to govern the country properly; the necessary-
and-proper clause.
Election Day: the Tuesday after the first Monday of November in even-
numbered years, when voting takes place for federal offices (Congress,
president, and vice president).
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 476
476 GLOSSARY
electoral college: a body of electors who formally elect the president and
vice president of the United States.
electoral system: allows voters to choose between options, often in an elec-
tion where candidates are selected for public office.
electoral vote: the voting of the members of the electoral college.
electors: members of the electoral college
embassy: a group of representatives headed by an ambassador that repre-
sents the interests of their own government or international organization
(such as the United nations) in another country; also, the residence and
offices of an ambassador.
eminent domain: the right of a government to take private property for a
public purpose.
established church: a church recognized by law as the official church of a
nation; for example, the Church of England and the Church of Scotland in
the United Kingdom. In the United States, this is forbidden by the establish-
ment clause of the First Amendment.
European Union (EU): an economic and political union of 27 member
states, located primarily in Europe. It is a single market, with a system of laws,
common trade policies, and a common currency (the euro).
exclusionary rule: a legal principle that holds that evidence collected or
analyzed in violation of the defendants constitutional rights is inadmissible
for a criminal prosecution in a court of law.
executive branch: the branch of government in charge of enforcing the
laws; often referred to simply as the president.
Executive Office of the President: the immediate staff of the president
of the United States, as well as multiple levels of support staff reporting to the
president.
exit poll: a survey of voters taken immediately after they have exited the
polling stations.
F
Federalists: an American political party in the period 1792 to 1816 that sup-
ported a strong, central national government. The party was formed by
Alexander Hamilton.
federal supremacy: the idea that federal law is supreme law, taking priori-
ty over state law in cases where laws may conflict.
federal system: political power is divided between a central, national gov-
ernment and state governments.
Fifth Amendment: established due process; mandates that no one may
be tried for a serious crime unless first indicted by a grand jury. A grand jury
decides if there is enough evidence to bring someone to trial.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 477
GLOSSARY 477
G
general welfare: peoples health, peace, morality, and safety.
gentrification: the movement of more affluent individuals into a lower-
income area.
gerrymander: to draw boundaries of election districts in odd shapes to give
one party an advantage.
Good Neighbor Policy: President Franklin Roosevelts policies toward the
countries of Latin America, which emphasized treating them with respect
rather than intervening in their affairs. The policy was intended to gain Latin
American support for U.S. policies in the wider world.
government: a system for managing a community or nation and the lead-
ers or lawmakers who control that system.
governor: the executive representative of a state government.
grand jury: a jury that decides whether there is enough evidence to indict
a person for a crime.
grants-in-aid: federal funds given to states for specific purposes.
Great Compromise: agreement at the Constitutional Convention in 1787
that Congress would have two houses and that membership in the House of
Representatives would be based on population and that each state would have
an equal number of senators.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 478
478 GLOSSARY
H
home rule: independent authority given by states to a local government.
hopper: a wooden box in the Congress in which approved bills may be
placed to be voted on. These bills may be written by members of the House
or citizens of the United States.
I
impeachment: a process to remove public officials from office for miscon-
duct.
implied powers: powers not specifically granted in the Constitution but
that Congress assumes as necessary to carry out its duties.
Inauguration Day: the day the president-elect assumes power.
income tax: government-imposed tax on money earned by individuals and
corporations.
incumbent: a politician who is currently in office and involved in an elec-
tion for that office.
independent agency: an agency that performs a specific function for the
government, but is independent of a governmental department (for example,
U.S. Postal Service, TVA).
independent candidate: a candidate who is not aligned with any major
political party.
indirect democracy: a system of government where elected officials make
the laws instead of the people themselves.
inferior courts: district courts and the courts of appeals.
initiative: the process by which citizens get a proposed law placed on the
ballot or voted on by the state legislature.
injunction: legal ruling that forbids or requires an action.
intelligence: information collected about foreign governments, terrorist
organizations, guerrilla groups, and anything believed to be relevant to the
security of the United States.
intelligence agency: agency responsible for collecting information on
threats to the country, both internal and external.
interest group: a private organization that tries to persuade public officials
to act or vote according to group members interests.
interstate commerce: trade that is carried on across state lines.
interstate compact: an agreement between two or more states.
isolationism: policy of not taking part in foreign wars.
J
Joint Chiefs of Staff: a group of leaders of the armed forces who advise the
president.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 479
GLOSSARY 479
L
law of succession: a 1947 law passed by Congress listing the order of com-
mand to assume the presidents duties in case of disability or death.
legislative branch: the Congress, responsible for creating laws for the
country.
legislative district: a geographical area whose population is represented by
an elected official.
liberal: a person who supports active government involvement in social and
economic issues, while protective of individual liberties; also, someone who
favors rapid changes in policy.
liberty: a concept of political philosophy that identifies the condition in
which an individual has the right to act according to his or her own will.
life tenure: holding an office for life or until the person decides to resign.
line of succession: who may become or act as president of the United
States upon the incapacity, death, resignation, or removal from office (by
impeachment and subsequent conviction) of a sitting president or a
president-elect.
lobbyist: professional who attempts to influence members of Congress on
behalf of a specific interest group or issue.
loose constructionist: characterizing those who want the words of the
Constitution to be loosely interpreted.
M
Magna Carta: written in 1215, it required King John of England to acknowl-
edge certain rights (pertaining to nobles and barons), respect certain legal pro-
cedures, and accept that his will could be bound by the law; Latin for Great
Charter.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 480
480 GLOSSARY
majority leader: the head of the majority party in the Senate, selected by
the senators of that party.
majority whip: in both the House and the Senate, the second highest-
ranking individual in the majority party, outranked only by the majority
leader of the Senate and the Speaker of the House. The whip controls the for-
mal decision-making process in the House or Senate.
Mayflower Compact: the first governing document of Plymouth Colony.
It was written by the Separatists, later known as the Pilgrims, who crossed the
Atlantic aboard the Mayflower seeking religious freedom.
mayor-council system: separation of a citys legislative and executive
powers between the mayor and city council.
metropolitan area: a large area containing a large population nucleus,
with surrounding areas that have a high degree of economic and social inte-
gration with the core.
metropolitan statistical area: a large urban area consisting of a city of at
least 50,000 people and a group of surrounding counties.
minority leader: the head of the minority party in the Senate.
minority whip: in both the House and the Senate, the second highest-
ranking individual in the minority party, outranked only by the majority
leader or the Speaker of the House.
Miranda rights: suspects in custody must be informed of their rights to
remain silent, to see an attorney and have one present during questioning,
and other related rights.
Monroe Doctrine: a United States policy proclaimed on December 2, 1823,
stating that further efforts by European governments to colonize land or
interfere with states in the Americas would be viewed by the United States as
acts of aggression requiring U.S. intervention.
municipal bond: a way for a city to borrow money.
municipality: a city or town of any size that is incorporated by state law
and has certain powers of self-government.
mutual defense pact: an international treaty where the signatories agree to
defend each other from attack by others.
N
nation: a people with common customs whose government has sovereign,
exclusive, and independent control over a defined territory
national debt: the money that a government owes.
National Security Agency (NSA): collects information from foreign com-
munications and protects confidential U.S. communications; part of the
Department of Defense.
National Security Council (NCS): forum for the president and his or her
advisors to consider national security and foreign policy matters.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 481
GLOSSARY 481
O
Office of Management and Budget: the largest Cabinet-level office with-
in the Executive Office of the President. It helps the president prepare the fed-
eral budget and supervises its administration.
Open Door Policy: in 1900, President Benjamin Harrison declared that
Chinas markets should be open to all nations, and that Chinas independ-
ence should be respected.
opinion: a formal statement by a judge or panel of judges explaining their
interpretation of a law.
ordinance: a law or decree made by any authority or authoritative body.
Organization of American States (OAS): organization of the United
States and most countries of Central and South America to promote peace
and economic development.
original jurisdiction: authority of a court to be the first to try an accused
or listen to arguments in a dispute.
P
pardon: absolves an individual of the legal penalties for any crime he or she
has committed or been convicted of.
parish: subdivision of government found only in Louisiana, similar to other
states counties.
parliamentary democracy: a system of government in which the prime
minister leads the lawmaking body, the parliament.
party caucus: a meeting of supporters or members or subgroups of a politi-
cal party or movement.
petit jury: the jury that decides the case against a defendant and determines
guilt or innocence for the crime he or she has been indicted for.
Petition of Right: English constitutional document that sets out specific
liberties that the king is prohibited from infringing.
plaintiff: an individual who files a lawsuit.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 482
482 GLOSSARY
plurality: the most votes for any one choice in an election, not necessarily
a majority (more than half of all votes cast).
political action committee (PAC): interest group that tries to persuade
lawmakers to act on behalf of an issue or group.
political party: an association of individuals who share, for the most part,
the same ideas, philosophies, public policy positions, and agendas and seek
to get its members elected to office.
politics: the process of deciding who gets to run the government and make
its laws.
popular vote: all the individual votes cast by the public (the electorate).
Preamble: the brief introductory statement to the U.S. Constitution.
preemptive war: waged in an attempt to defeat a hostile nation before it
strikes first.
president pro tempore: temporary president of the Senate, usually the
most senior member of the majority party; presides when the vice president
is absent.
presidential democracy: a democracy where the leader is called president.
presiding officer: whoever is presiding over the Senate during session (usu-
ally the vice president of the United States or a junior member of the major-
ity party).
press release: a written or recorded communication directed at members of
the news media to announce something newsworthy.
primary election: voters in a jurisdiction select candidates for a subse-
quent election; one way a political party nominates candidates for the
general election.
private bill: law written for the benefit of only a few people.
private property: property that is owned by individuals, a corporation, or
the government that is for their use only.
privatize: the transfer of ownership of a business, enterprise, agency, or pub-
lic service from the public sector (government) to the private sector (business
or individuals).
privilege: a special entitlement or immunity granted by a government or
other authority to a particular group.
progressive tax: those with higher incomes pay a larger percentage of their
income.
prohibited powers: powers that are explicitly forbidden, or prohibited, to
the federal government and/or the state governments.
Prohibition: in 1920, Congress passed the Eighteenth Amendment making
the manufacture or sale of alcoholic beverages illegal. (Prohibition was
repealed by the Twenty-first Amendment in 1933.)
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 483
GLOSSARY 483
Q
quartering of troops: private citizens providing housing for British troops
in the early 1770s in the American colonies.
R
random sample: a small group of people chosen at random to give their
opinion. Their answers should reflect those of the entire population.
ratification process: system set up for Congress to approve treaties, presi-
dential appointments, and amendments to the Constitution.
reapportionment: seats in the House of Representatives are reassigned
among the states to reflect population changes following the census.
recall: a group of citizens who are unhappy with the actions of a certain state
official and unwilling to wait until the next election circulates a petition pro-
posing that the official be voted out of office in a recall election.
red tape: delays caused by excessive complexities of regulations.
referendum: a direct vote by the people on a question of law.
regressive tax: those with lower incomes pay a higher percentage of their
income.
representative democracy: a form of government in which elected indi-
viduals represent the people.
republic: a democratic, freely elected government.
reserved powers: in the U.S. Constitution, powers that belong to the states
alone, such as regulating business within a state; protecting the health, safety, and
morals of the citizens of the state; setting laws about marriage and the family.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 484
484 GLOSSARY
S
sales tax: a tax on goods and services based on a fixed percentage of the sell-
ing price.
secretary: the head of a presidential Cabinet department.
security: safety; freedom from worry.
select committees: temporary committees created to investigate special
problems.
Senate bill clerk: person responsible for introducing bills in the Senate.
seniority: method of selecting committee chairpersons based on length of
service.
separation of church and state: a political and legal doctrine that gov-
ernment and religious institutions are to be kept separate and independent
from each other.
separation of powers: government separated into branches to prevent a
single power from gaining too much control.
Shays Rebellion: intense armed uprising in central and western
Massachusetts from 1786 to 1787, by poor farmers unable to pay their state
taxes.
sheriff: a legal official with responsibility for a county.
social insurance: risks are transferred to and pooled by an organization,
often governmental, that is legally required to provide certain benefits, such
as Social Security and Medicare.
socialism: public or government ownership of property and businesses;
often a mix of capitalist free enterprise and government, or public, owner-
ship.
sovereignty: complete independence from outside control.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 485
GLOSSARY 485
T
tariff: duty, or tax, placed on goods manufactured outside of a nation when
they are brought into the country.
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 486
486 GLOSSARY
U
unconstitutional: not consistent with or according to the U.S.
Constitution.
unitary government: a strong central government gives powers to local
units.
V
vice president: highest elected official after the president. He or she is the
president of the Senate and takes over the executive branch if the president
dies or is unable to perform his or her duties.
Virginia Plan: offered by James Madison at the Constitutional Convention
in 1787, that would strengthen the federal government and give larger states
more power than smaller states.
vote: a choice or opinion of a person or body of persons expressed by a bal-
lot, spoken word, or raised hands.
voter fraud: illegal ballots are cast for a candidate by any voter.
voting machine: a machine for automatically tabulating votes.
W
weak-mayor system: the mayor has appointing power for department
heads but is subject to checks by the city council, sharing both executive and
legislative duties with the council.
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GLOSSARY 487
Index
489
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 490
490 INDEX
INDEX 491
492 INDEX
INDEX 493
State of the Union address and, 128, Consumer Product Safety Commission,
illus 129 263
terms and sessions of, 216 containment, 305
winning support for bills, 232235 conventions, 383
congressional Budget Office (CBO), copyrights, 224
275276 coroner, 353
congressional district boundaries, corporate colonies, 11
drawing of, map 211, 211212 corporate income taxes, 277
congressional oversight, 73 Cosby, William, 183
Connecticut council-manager form of government,
as corporate colony, 11 348
counties of, 350 counterintelligence, 294
consent of the governed, 1112 counties, 342
conservation, 247 government of, 350353
conservative Democrats, 391393 county clerk, 353
conservatives county courthouse, judges at, 352353
defined, 364 county seat, 342
liberals against, 364 courts of appeals, U.S., 154, illus 155,
consolidated metropolitan statistical 164165, map 165
area (CMSA), 346 court system, flaws in, 91
constituents, 203 Coverdell, Paul, 391
Constitution, U.S., illus 67, 440462 crimes
addition of Bill of Rights to, 60 capital, 188
amendment process, 84 quality-of-life, 354
articles in, 6768 criminal cases, 423
full-faith-and-credit clause in, 333 C-SPAN (Cable-Satellite Public Affairs
informal methods of changing, 9596 Network), 230, illus 230
judiciary in, 153156 Cuba, communism in, 39
loose constructionists of, 7778 Cuban missile crisis (1961), illus 143,
necessary-and-proper clause in, 74 143144, 294
organization of, 6668 Cuomo, Mario, 384
Preamble of, 1819, 67, illus 199, 440 Curran, Paul, 384
presidential powers in, 126132 Customs Service, U.S., 245
privileges-and-immunity clause in, 333 Czechoslovakia, collapse of communism
rules for ratifying, 5860 in, 40
signing, 57
strict constructionists of, 77 D
Supreme Court in interpretation of, DAmato, Alphonse, 393
156162 dark horses, 365
Constitutional Convention (1787) Davis, Gray, 323, 374, illus 374
framers at, 54 Davis, Jefferson, 387
Great Compromise at, illus 56, 5657 Dayton, Ohio, 297
issues debated at, 53 Dean, Howard, 137
New Jersey Plan at, 55 Dean, John, 228, illus 228
Virginia Plan at, 55 death penalty, 190191, illus 191
Constitutional Union Party, 107 Debs, Eugene V., 129
in election of 1860, 104, map 105 debt, national, 280
constitutions Declaration of Independence (1776), 49,
defined, 8 435439
state, 321 liberty in, 1517
consulates, 301 signing of, illus 17
consuls, 301 Declaration of Sentiments, 8586
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494 INDEX
INDEX 495
496 INDEX
INDEX 497
498 INDEX
I J
immigrants, becoming naturalized Jackson, Andrew, 365
citizens, 427429 in election of 1824, 106, 107
impeachment, 72 presidency of, 110, 387
of Chase, Samuel, 155 spoils system and, illus 271, 271272
of Clinton, Bill, 72, 117 Jackson, Jesse, in election of 1988, 132
of Johnson, Andrew, 72, 117, illus 118 James II (king of England), 8
of Nixon, Richard M., 72, 117, 129 Jamestown, laws of, 910, illus 10
of Pickering, John, 72 Japan, parliament in, 33
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INDEX 499
500 INDEX
INDEX 501
502 INDEX
INDEX 503
504 INDEX
INDEX 505
506 INDEX
INDEX 507
508 INDEX
INDEX 509
510 INDEX
von Hindenburg, Paul, 29 presidency of, 14, 60, 84, 91, 245, 368
voter fraud, 370, 372 Shays Rebellion and, 51, 52
voter registration, 370 as successful presidential candidate,
voters 110
methods of, indicating choices, 370374 suppression of Whiskey Rebellion
politicians methods of influencing, and, 4
411415 Washington Monument, illus 1, 422
votes Watergate scandal, 72, 228, illus 229
popular, 104 Nixon and, 117, 129
role of candidates in competing for, weak-mayor system of small cities, 347
363368 weapons of mass destruction (WMDs),
voting 290, illus 298, 309
current barriers to, 369370 Weeks v. United States, 187188
early barriers to, 368369 Weimar Republic, 28
reasons for, 364 Wesberry v. Sanders, 211212
by roll-call method, 202203 Whigs, 387
split ticket, 373 in election of 1860, 104, map 105
straight ticket, 373 Whiskey Rebellion, 4
voice, 371 White House, illus 101
voting machines, illus 372, 372373 staff of, 139
voting rights, 30 Williams, Roger, 12
for 18-year-olds, 90 Wilson, James, 54
for African-American males, 368 Wilson, Woodrow
for women, 8788, map 89, 369 in election of 1912, 107
Voting Rights Act (1965), 185, 369 foreign policy under, 294295
vouchers, school, 181 incapacitation of, 118
leadership skills of, 135
W presidency of, 142
Wallace, George C., illus 394, 394395 signing of Clayton Anti-Trust Act by,
Wallace, Henry, in election of 1948, 108, 388
410 support for, 142
Walz v. Tax Commission, 469 Treaty of Versailles and, 71, 295
War, U.S. Department of, 251 World War I and, 302303
War of 1812, 289 wine-and-dine approach, 405406
war on terror, 291292 Womens Rights Convention, 85
War Powers Act (1973), 295296 woman suffrage, 8788, map 89, 369
warrant, search, 187188 workers compensation program, 255
Warren, Earl, as chief justice, 159, 161, World Trade Organization (WTO), 40
168, 188189 World War II (19391945), 135
Washington, George cold war policies after, 305
in American Revolution, 17 concentration camp in, illus 27
Cabinet of, 9596, illus 126, 126127, writ of mandamus, 156, 157
244 Wyman v. James, 469
as colonial leader, 18
at Constitutional Convention (1787), Y
illus 58 Yeltsin, Boris, 295
election of, as first president, 107, 386 YouTube, 137
Farewell Address of, 302 Yugoslavia, U.S. foreign policy and, 297
as Federalist, 5859
in framing of the Constitution at Z
Constitutional Convention, 54 Zelman v. Simmons-Harris, 162, 181
political parties and, 386 Zenger, John Peter, 183, illus 184
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Acknowledgments
Images
Unit I
1: AP Photo/Manuel Balce Ceneta 4: AP Photo/Gregory Bull 7:
Bettmann/CORBIS 8: Library of Congress (LOC)/H Garnier 10: Getty
Images/MPI 11: LOC/Ferris, Jean Leon Gerome 13: LOC/Detroit Publishing
Photograph Collection 14: LOC 15: LOC/Ferris, Jean Leon Gerome 17:
LOC/John Trumbull 26: Bettmann/CORBIS 27: Bettmann/CORBIS 28: AP
Photo 32: Ellen Moses/studiomoses.com 33: Max Rossi/Reuters/Corbis 38: AP
Photo/J. Walter Thompson 39: Pascal Le Segretain/CORBIS SYGMA 40: North
Wind Picture Archives 41: North Wind Picture Archives
Unit II
47: iStockphoto/drbueller 51: North Wind Picture Archives 54: North Wind
Picture Archives 58: LOC/Hoard Chandler Christy 69: Bettmann/CORBIS 70:
LOC/Sophus Williams 71: Courtesy of Ronald Reagan National Library 73:
Bettmann/CORBIS 74: AP Photo/Mary Altaffer 85: Lucien Aigner/CORBIS 86:
LOC/Veeder 87: LOC 88: Kansas State Historical Society 91:
iStockphoto/Christine Glade 93: Bettmann/CORBIS 94: Underwood &
Underwood/CORBIS
Unit III
101: iStockphoto/Klaas Lingbeek/Van Kranen 109: AP Photo/Marta
Lavandier 111: Maryland State Police photograph courtesy Dwight D.
Eisenhower Presidential Library 112: Cagle Cartoons/TAB. 113: Reuters/COR-
BIS 114: LBJ Library/Cecil Stoughton 115: AP Photo 118: LOC 126: Getty
Images/Three Lions 128: Getty Images/U.S. Navy Handout 129: Wally
McNamee/CORBIS 130: Mark Wilson/Pool/Getty Images North
America/CORBIS 131 (top): Bettmann/CORBIS; (bottom): Wally
McNamee/CORBIS 132: White House Press 133: National Park Service pho-
tograph courtesy Dwight D. Eisenhower Presidential Library 134: Getty
Images/Hulton Archives 136: Getty Images/Paul Schutzer 139: Getty
Images/Jim Watson 140: Getty Images 143: Bettmann/CORBIS 145: George
H. W. Bush National Library
511
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512 ACKNOWLEDGMENTS
Unit IV
151: iStockphoto/dra_schwartz 155: Art Lien 157: LOC/Brady-Handy
Collection/Sully 158: Cagle Cartoons/Monte Wolverton 160: Shawn
Thew/epa/Corbis 161: AP Photo 162: Supreme Court Archives 163: Getty
Images/Mark Wilson 168 (top): AP Photo/Marty Lederhandler; (bottom):
LOC/U.S. Supreme Court 177: AP Photo/Charles Dharapak 178: Cagle
Cartoons/R.J.Matson 179: North Wind Picture Archives 180: Cagle
Cartoons/Mike Lester 182: AP Photo 183: Bettmann/CORBIS 184: LOC 185:
AP Photo/File 186: AP Photo 189: Cagle Cartoons/John Trever 191: Reuters
192: Getty Images/Manny Ceneta
Unit V
199: iStockphoto 202: AP Photo/Jae C. Hong 205: Getty Images/Thomas D.
McAvoy 206: U.S. Senate Historical Office 208: AP Photo 209: U.S. Census
Bureau 214: Getty Images/Scott J. Ferrell 225: Cagle Cartoons/John Trever
227: Getty Images/Mark Wilson 228: Bettmann/CORBIS 229: LOC/J. C.
Suares 230: AP Photo/C-SPAN 233: Getty Images/Terry Ashe
Unit VI
241: AP Photo/Susan Walsh 244: North Wind Picture Archives 248:
REUTERS/Ron Thomas 252: REUTERS/Rick Wilking 253: AP Photo 257: AP
Photo/George Nikitin 259: Getty Images/Cohen/Ostrow 261: Cagle
Cartoons/Daryl Cagle 263: Getty Images/Mario Tama 271: LOC/Thomas Nast
278: Cagle Cartoons/Joe Heller 280: Ellen Moses/studiomoses.com 281:
Cagle Cartoons/Mike Keefe 288: AP Photo 290: Getty Images/Paula Bronstein
292: REUTERS/Lucas Jackson 293: REUTERS/Jason Reed 298: Cagle
Cartoons/Monte Wolverton 299: Bettmann/Corbis 301: Getty Images/David
Rubinger 303: LOC/Victor 304: Franklin D. Roosevelt Library 308: Cagle
Cartoon/Jeff Parker 310 (left): AP Photo/U.S. Navy File; (right): Getty
Images/Craig Allen 311: Steve Sack Cartoons
Unit VII
319: World of Stock 323: AP Photo/Seth Wenig 324: Cagle Cartoons/R.J.
Matson 325: Nebraska Historical Society 329: Cagle Cartoons/ Jeff Parker
331: Courtesy of U.S. Congress 332: iStockphoto/fotogal 334: World of Stock
342: REUTERS/Jason Reed 343: AP Photo/Ed Andrieski 344: World of Stock
347: Los Angeles County Mayors Office 351: Pinellas City Council 352: AP
Photo/Rick Bowmer 355: San Francisco Chronicle/Mike Kepka
Unit VIII
361: World of Stock 365: North Wind Picture Archives 367: AP Photo/Obama
Transition Office/Callie Shell 372: CORBIS 374: Fred Prouser/Reuters/Corbis
382: Downing Larry/CORBIS SYGMA 385: Cagle Cartoons/Jeff Parker 389:
Courtesy of Ronald Reagan National Library 390: LOC/Thomas Nast 392
42389 435-514 r3sp.qxp 12/23/09 3:20 PM Page 513
ACKNOWLEDGMENTS 513
(top): U.S. Senate Archives; (bottom): U.S. Senate Archives 394: Getty
Images/Stan Wayman 395: Reuters/CORBIS 396: AP Photo/Jim Mone 397:
AP Photo/George Nikitin 405: Cagle Cartoons/Jimmy Margulies 409: David
E. Klutho/Sports Illustrated/Getty Images 411: AP Photo/Byron Rollins 413: AP
Photo/J. Scott Applewhite 423: Corbis 425: Getty Images/Michael Kelly 428:
Getty Images/David McNew
Printed Material
Excerpt from An Autobiography of Lilla Day Monroe (unpublished manu-
script) by Lilla Day Monroe. By permission of Joanna L. Stratton. Page 88.
Excerpt from the New York Times editorial Making Votes Count; Abolish the
Electoral College, August 29, 2004. Page 121.
Excerpt from Lyndon B. Johnson: The Exercise of Power (1966) by Rowland Evans
and Robert Novak. Page 236.
Excerpt from the New York Times article Governors Are Emerging as a New
Political Elite, May 22, 1988. Page 323.
Quotation by Richard M. Daley, mayor of Chicago, in Illinois Municipal Review
(December 1996). Page 357.
Excerpt from Letter From a Birmingham Jail (April 16, 1963) by Dr. Martin
Luther King Jr. Page 431.
Excerpt from Civil Disobedience by Henry David Thoreau (1849). Page 432.
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