Unit 2 The United States Constitution

Use the following prompt to answer the question below: . . . In pursuance of the plan which I have laid down for the discussion of the subject, the point next in order to be examined is the “insufficiency of the present Confederation to the preservation of the Union.” . . . In our case, the concurrence [agreement] of thirteen distinct sovereign wills is requisite [required], under the Confederation, to the complete execution of every important measure that proceeds from the Union. It has happened as was to have been foreseen. The measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme, which has, at length, arrested all the wheels of the national government, and brought them to an awful stand. Congress at this time scarcely possess the means of keeping up the forms of administration, till the States can have time to agree upon a more substantial substitute for the present shadow of a federal government. Things did not come to this desperate extremity at once. . . . Each State, yielding to the persuasive voice of immediate interest or convenience, has successively withdrawn its support, till the frail and tottering edifice seems ready to fall upon our heads, and to crush us beneath its ruins. Source: Alexander Hamilton, The Federalist Papers: No. 15, December 1, 1787 (adapted)

• strengthening the national government

• establishing a monarchy

• increasing the power of the states

• continuing to use the Articles of Confederation

Read the following passage from Alexander Hamilton, The Federalist Papers: No. 15, December 1, 1787 (adapted): "... In pursuance of the plan which I have laid down for the discussion of the subject, the point next in order to be examined is the 'insufficiency of the present Confederation to the preservation of the Union.' ... In our case, the concurrence [agreement] of thirteen distinct sovereign wills is requisite [required], under the Confederation, to the complete execution of every important measure that proceeds from the Union. It has happened as was to have been foreseen. The measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme, which has, at length, arrested all the wheels of the national government, and brought them to an awful stand. Congress at this time scarcely possess the means of keeping up the forms of administration, till the States can have time to agree upon a more substantial substitute for the present shadow of a federal government. Things did not come to this desperate extremity at once. ... Each State, yielding to the persuasive voice of immediate interest or convenience, has successively withdrawn its support, till the frail and tottering edifice seems ready to fall upon our heads, and to crush us beneath its ruins."

• discourage the creation of political parties

• justify the American Revolution to the colonists

• support ratification of the Constitution

• argue for a bill of rights

Read the following passage and answer the question below: '. . . But to the question—without force what can restrain the Congress from making such laws as they please? What limits are there to their authority? I fear none at all. For surely it cannot be justly said that they have no power but what is expressly given to them, when by the very terms of their creation they are vested with the powers of making laws in all cases—necessary and proper; when from the nature of their power, they must necessarily be the judges what laws are necessary and proper. . . .' Source: Antifederalist No. 46, November 2, 1788 Based on this passage, why did Antifederalists oppose ratification of the Constitution?

• The legislative branch had too much power.

• A judicial branch did not exist.

• The executive branch had no limits on its authority.

• The president was elected by popular vote.

Use the following prompt to answer the question below: '. . . But to the question—without force what can restrain the Congress from making such laws as they please? What limits are there to their authority? I fear none at all. For surely it cannot be justly said that they have no power but what is expressly given to them, when by the very terms of their creation they are vested with the powers of making laws in all cases—necessary and proper; when from the nature of their power, they must necessarily be the judges what laws are necessary and proper. . . .' Source: Antifederalist No. 46, November 2, 1788

• assigning the power of judicial review to the Supreme Court

• giving states the ability to check the powers of Congress

• amending the Constitution to eliminate the elastic clause

• adding a Bill of Rights to the Constitution

Why were the writers of the United States Constitution willing to compromise on these issues?

• to gain Southern support for ratification

• to make approval of the Bill of Rights easier

• to end slavery after 1808

• to give Northern states an advantage in the House of Representatives

What was the primary purpose of the Three-fifths Clause?

• to quickly end the importation of slaves

• to help determine a state’s congressional representation

• to provide for the return of escaped slaves

• to ban slavery in the western territories

President William McKinley’s message to Congress illustrates which constitutional principle?

• Judicial review

• Reserved powers

• Popular sovereignty

• Separation of powers

Use the following prompt to answer the question below: "... My object is to consider that undefined, unbounded and immense power which is comprised [included] in the following clause—'And 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 offices thereof.' Under such a clause as this, can anything be said to be reserved and kept back from Congress? ..." Source: Antifederalist Papers No. 46, November 2, 1788 (adapted) The purpose of this statement was to

• give reasons to support the ratification of the Constitution

• question the power granted to Congress under the Constitution

• decide which powers would be given to the president in the Constitution

Use the following prompt to answer the question below: ... My object is to consider that undefined, unbounded and immense power which is comprised [included] in the following clause—“And 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 offices thereof.” Under such a clause as this, can anything be said to be reserved and kept back from Congress? ... Source: Antifederalist Papers No. 46, November 2, 1788 (adapted) Which provision in the Constitution is the author of this passage questioning?

• Due process

• Equal protection

• Elastic clause

• Rule of law

The primary reason James Madison wrote this and other Federalist Papers was to:

• persuade states to ratify the U.S. Constitution

• oppose the creation of a strong central government

• promote the Articles of Confederation

• advocate for the Bill of Rights