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The Declaration of Independence and the Constitution


QUIZ


1.  The Constitution has how many amendments?

__ 10
__ 23
__ 25
__ 27

2. How does the Declaration of Independence begin?

__  We the People of the United States
__  We declare our people free of Briton
__  When in the course of human events
__  The Unanimous declaration of the thirteen united states of America

3.  What was the purpose of the Declaration of Independence

__  To declare that the colonies planned to start their own nation.
__  To explain why the colonies wanted to be free of England
__  To explain what gave them the right to start a new country.
__  All of the above.


4.  What is the writ of habeus corpus?

__ The law that all deceased people must be properly buried
__ The belief that everyone is innocent until proven guilty
__ The right to trial by jury
__  A court order addressed to a prison official that orders the official to bring the detainee to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.

6.  What is a bill of attainer?

7.  What is an ex post facto law?

8.  What are the two ways that an amendment to the Constitution can be proposed?

9.  What are the two ways that an amendment to the Constitution can be ratified?

10.  Which of the following is not described in the Constitution?   (Pick three)

__  The relationship between the federal government and the states
__  The relationship between state and local governments.
__  The structure of the executive branch
__  The structure of the legislative branch
__  The structure of the judicial branch
__  The structure of the Cabinet (Secretary of State)
__  The system of checks and balances



The Declaration of Independence

The Declaration of Independence announced the colonies’ break from England and the rule of King George III. The Second Continental Congress formed a committee to write the Declaration, but the Committee thought it would be better for only one man to write the document. It took Thomas Jefferson seventeen days to write the Declaration of Independence. On July 2, 1776 the Congress voted to declare independence from England. After two days of debate and some changes to the document, on July 4th, the Congress voted to accept the Declaration of Independence. This is why Independence Day on July 4th.

The Declaration contains a justification for the American Revolution. It is a unique combination of general principles and an abstract theory of government. The fundamental American ideal of government given is based upon the theory of natural rights. The opening paragraphs of the document outline the ‘natural rights’ afforded to all people, calling them ‘self-evident truths,’ and using them to form the basis of a governmental system. The second portion of the document outlines how George III had infringed upon those natural rights to establish a tyranny over the colonies, thereby justifying the American Revolution to the world.  Here are excerpts:

[The beginning of the document:]

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When 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 Nature's 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, deriving their just powers from the consent of the governed ... 

[What follows is are statements saying that if a government destroys these freedoms, it is the right of the people to abolish the government and institute a new government. After that, there is a long list of complaints about how King George had mistreated the thirteen colonies, and how the King has ignored the complaints.]

[The last paragraph restates the declaration to become independent, and the last sentence explains what backed the declaration and what the signers were willing to risk. Here it is:]

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. 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 Fortunes and our sacred Honor.

The Constitution

The purpose, form and structure of the U.S. government are described by the Constitution of the United States. The Constitution, written in 1787, is the "supreme law of the land" because no American law may be passed that contradicts its principles, and no state government, local government or U.S. citizen is exempt from following it.

The Constitution establishes a federal democratic republic form of government. That is, we have an indivisible union of 50 sovereign States. It is a democracy because people govern themselves. It is representative because people choose elected officials by free and secret ballot. It is a republic because the Government derives its power from the people.

The purpose of our Federal Government, as found in the Preamble of the Constitution, is to "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." In order to achieve this purpose, the Founding Fathers established three main principles on which our Government is based:

Inherent rights: Rights that anyone living in America has;
Self Government: Government that is by the people; and
Separation of Powers: Branches of government with different powers.

Facts about the Constitution:

• The Constitution was drafted in 1787 in Philadelphia, PA.
• There were 55 delegates to the Convention.
• The Constitution became law on June 21, 1788 after 2/3 of the states ratified it.
• Not all the states had ratified the Constitution by April 30, 1789 when George Washington became the first President of the United States.
• The structure of the document has not changed since it was written.
• Amendments have provided the flexibility necessary to meet changing circumstances.

Summary of the Constitution

After the Preamble (printed below) there are seven sections or "articles"  to the document.  Following the seven articles are the 27 amendments that were added later. They are considered part of the Constitution.

The Preamble:

We the People of the United States, in Order 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, do ordain and establish this Constitution for the United States of America.

Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate.

Article Two describes the executive branch and the Presidency.

Article Three describes the court system, (the judicial branch), including the Supreme Court.

Article Four describes the relationship between the states and the Federal government, and amongst the states.  The fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds (2/3) of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. To date, only the first method (proposal by Congress) has been used.

Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special convention assembled in the states. The convention method of ratification has been used only once (to approve the 21st amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.

The Supreme Court has stated that ratification must be within "some reasonable time after the proposal." Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a "reasonable time" might extend.

Of the thousands of proposals that have been made, only 33 obtained the necessary two-thirds vote in Congress. Of the 33, 27 amendments have passed. 

Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." This means that the states' constitutions and laws should not conflict with the laws of the federal constitution-- and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose. 

Liberties Guaranteed in the Constitution (before the Bill of Rights was added.)

Bill of Rights and other Amendments

When the Constitution was ratified in 1789, many people were concerned that it did not protect certain freedoms. They thought that the Constitution should be changed or amended to protect these freedoms. On December 15, 1791, ten amendments were added to the Constitution. The first eight amendments set out or enumerate the substantive and procedural individual rights associated with that description. The 9th and 10th amendments are general rules of interpretation of the relationship among the people, the State governments, and the Federal Government. These amendments guarantee certain freedoms and rights, so they are known as the Bill of Rights.

Amendment 1:  Citizens have freedom of religion, speech, press, and assembly, and also the right to petition the government

Amendment 2:  Citizens have the right to own guns.

Amendment 3:  In times of peace, no one can be forced to house soldiers.

Amendment 4: Unreasonable searches or seizures are not allowed.

Amendment 5:  This amendment guarantees four things:  A jury indictment is required to prosecute a person for a serious crime. A person cannot be tried twice for the same offense.  A person cannot be forced to testify against himself or herself.  There can be no loss of life, liberty, or property without due process.

Amendment 6: All citizens have a right to a speedy, public and  impartial trial with defense counsel and the right to cross-examine witnesses.

Amendment 7: Citizens have a right to a jury trial in civil suits where the value exceeds $20.

Amendment 8: Punishments for crimes cannot be too great: no excessive bail or fines, no cruel and unusual punishments.

Amendment 9: Unlisted rights are not necessarily denied.

Amendment 10: The powers not delegated to the United States federal government or denied to the states are automatically reserved to the states.

And here are summaries of the rest of the 27 amendments. [Based on  Wikipedia:]

• Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. 
  
  
• Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. 
  
  
• Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. 
  
  
• Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; and repeals the three-fifths compromise. (The three-fifths compromise counted slaves as 3/5s of a person for the purposes of taxation and for representation in the House of representatives.) 
  
  
• Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. 
  
  
• Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. 
  
  
• Seventeenth Amendment (1913): Establishes direct election of senators. 
  
  
• Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of beverage alcohol. (Called "prohibition.")  Repealed by the Twenty-First Amendment. 
  
  
• Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's gender as a qualification for voting. 
  
  
• Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. 
  
  
• Twenty-first Amendment (1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcohol.
  
   
• Twenty-second Amendment (1951): Limits president to two terms. 
  
• Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. 
  
  
• Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. 
  
  
• Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. 
  
  
• Twenty-sixth Amendment (1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote simply because of their age. 
  
  
• Twenty-seventh Amendment (1992): Limits congressional pay raises. 
  
  

When ready, continue on to The Legislative Branch.