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The Constitution
Guide to Reading
Main Idea Key Terms Read to Learn
For more than 200 years, the preamble, domestic tranquility, • why the Constitution is the nation’s
Constitution has provided the frame- popular sovereignty, republicanism, most important document.
work for the United States govern- federalism, enumerated powers, • the goals of the Constitution.
ment and has helped preserve the reserved powers, concurrent pow- • the principles that form the basis
basic rights of American citizens. ers, amendment, implied powers, of the Constitution.
judicial review
The Courts The role of the judicial branch has keep our government functioning well. In 1974
also grown as powers implied in the Barbara Jordan, an African American member of
Constitution have been put into practice. In 1803 Congress and a constitutional scholar, spoke in
Chief Justice John Marshall expanded the pow- ringing tones of her faith in the Constitution:
ers of the Supreme Court by striking down an
act of Congress in the case of Marbury v. “ I felt somehow for many years that George
Washington and Alexander Hamilton just left me
Madison. In that decision the Court defined its
right to determine whether a law violates the out by mistake. But through the process of amend-
Constitution. Although not mentioned in the ment, interpretation, and court decision I have
Constitution, judicial review has become a
major power of the judicial branch.
”
finally been included in ‘We the people.’
Executive Branch
Proposes policy “You must first enable the government
Carries out laws to control the governed; and in the next Judicial Branch
Makes treaties place oblige it to control itself.” Interprets laws
—James Madison, 1787
cannot possibly study all these bills carefully, and the Senate pass different versions of the
both houses use committees of selected members same bill, a conference committee tries to work
to evaluate proposed legislation. out a compromise bill acceptable to both houses.
Standing committees are permanent com- When it receives a bill, a committee can kill it
mittees in both the House and the Senate by rejecting it outright, “pigeonhole” it by set-
that specialize in a particular topic, such as agri- ting it aside without reviewing it, or prepare it
culture, commerce, or veterans’ affairs. These for consideration by the full House or Senate.
committees usually are broken down into sub- While preparing bills, committees hold public
committees that focus on a particular aspect of hearings at which citizens can present argu-
a problem or issue. ments and documents supporting or opposing
The House and the Senate sometimes form the bills.
temporary select committees to deal with issues Once a bill is approved by a committee in
requiring special attention. These committees either house of Congress, it is sent to the full
meet only until they complete their task. Senate or House for debate. After debate the bill
Occasionally the House and the Senate form may be passed, rejected, or returned to commit-
joint committees with members from both tee for further changes.
houses. These committees meet to consider spe- When both houses pass a bill, the bill goes
cific issues, such as the system of federal taxa- to the president. If the president approves the
tion. One type of joint committee, a conference bill and signs it, it becomes law. If the presi-
committee, has a special function. If the House dent vetoes the bill, it does not become law,
The Rights of American Citizens Basic Freedoms The basic freedoms involve the
liberties outlined in the First Amendment—free-
dom of speech, freedom of religion, freedom of
“ We hold these truths to be self-evident, that
all men are created equal, that they are
the press, freedom of assembly, and the right to
petition. In a democratic society, power exists in
endowed by their Creator with certain unalien- the hands of the people. Therefore, its citizens
able Rights, that among these are Life, Liberty, must be free to exchange ideas freely.
and the pursuit of Happiness.
” The First Amendment allows citizens to criti-
cize the government, in speech or in the press,
These words from the Declaration of
without fear of punishment. It also states that
Independence continue to inspire Americans.
the government cannot endorse a religion, nor
They have encouraged Americans to pursue the
can it prohibit citizens from practicing a religion
ideals expressed in the Declaration and to create
if they choose to do so. In addition, the Ninth
a Constitution and a Bill of Rights that protect
Amendment states that the rights of Americans
these rights. The rights of Americans fall into
are not limited to those mentioned in the
three broad categories: the right to be protected
Constitution. This has allowed basic freedoms
from unfair actions of the government, to have
to expand over the years through the passage of
equal treatment under the law, and to have
other amendments and laws. The Twenty-sixth
basic freedoms.
Amendment, for example, extends the right to
vote to American citizens 18 years of age.
Due Process The Fifth Amendment states that
no person shall “be deprived of life, liberty, or Limits on Rights Our rights are not unlimited.
property, without due process of law.” Due The government can establish laws or rules to
process of law means that the government must restrict certain standards to protect the health,
follow procedures established by law and guar- safety, security, and moral standards of a com-
anteed by the Constitution, treating all people munity. Moreover, rights may be limited to pre-
according to these principles. vent one person’s rights from interfering with
the rights of others. The restrictions of rights,
Equal Protection All Americans, regardless of
however, must be reasonable and must apply to
race, religion, or political beliefs, have the right
everyone equally.
to be treated the same under the law. The
Fourteenth Amendment requires every state to Summarizing What is due process
grant its citizens “equal protection of the laws.” of law?