Find the Constitution's principles in its actual text

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Use this

   Cards A to C on a State tax (the excerpts are exact; card C is made up). Card A, "Article I, Section 10 (1787)". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to limit what the States may do. Excerpt: "No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports…" Card B, "McCulloch v. Maryland (1819)". Who made it: Chief Justice John Marshall, writing the opinion of the Supreme Court. When: 1819. For whom: the parties, other courts and the public. Why: to explain whether Maryland could tax the national bank. Excerpt: "That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied." Card C, "Two made-up State taxes". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: The State of Marlow taxes each mail truck that the United States Postal Service runs inside Marlow. Case 2: Marlow taxes each delivery truck that a private company runs inside Marlow.

2. 1.

   Marlow taxes each mail truck that the Postal Service runs (Case 1). Ari applies card B. What follows?

   • The tax is valid, because trucks run inside Marlow and a State may tax what runs inside its borders
   • The tax is invalid, because the national government is outside the reach of State law of any kind in Marlow
   • The tax is hard to defend, because a State tax on the nation's own measures could destroy them
   • The tax is valid, because card A limits State taxes to imports and exports and mail trucks are neither
3. 2.

   Marlow taxes each delivery truck that a private company runs (Case 2). Luz applies the same reasoning. What follows?

   • Card A bars it, because a tax on delivery trucks is a duty on goods that move into and out of Marlow
   • Card B bars it too, because any truck that carries letters is a measure of the national government
   • Card B's reasoning does not bar it, because the private trucks are not a national measure
   • Card B bars it, because a State may not tax a business that deals with the national government in any way
4. 3.

   Tala compares Cases 1 and 2 under card B. What single fact separates the two outcomes?

   • Whether the tax is large or small, because card B asks whether a tax is heavy enough to destroy
   • Whether the trucks carry letters, because card B protects the mail itself from any State tax on its carriers
   • Whether Congress has already taxed the same trucks, because card B bars a second tax on the same property
   • Whether the taxed truck belongs to a national measure (Case 1) or to a private firm (Case 2)
5. 4.

   Claim: "McCulloch means a State may not tax anything that touches the national government." Jun looks for the best evidence against it.

   • Card A lets States lay imposts on imports with Congress's consent, which shows Congress controls State taxes in general
   • Case 2 shows Marlow taxing trucks, and Marlow is a State, so card B must bar Marlow from taxing
   • Card B limits taxes that control national measures, so a tax on a private firm falls outside its reasoning
   • Card B calls the power to tax a power to destroy, so any State tax endangers the national government

6. Use this

   Cards A to D on powers of the President (the excerpts are exact; card E is made up). Card A, "Article II, Section 3". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to set the duties of the President. Excerpt (in part): "…he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States." Card B, "Article II, Section 2". Same maker, date, readers and aim as card A. Excerpt (in part): "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;" Card C, "Article I, Section 8". Same maker, date, readers and aim as card A. Excerpt (in part): "The Congress shall have Power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;" Card D, "Article II, Section 4". Same maker, date, readers and aim as card A. Excerpt: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." Card E, "A made-up case". Who made it: written for this sheet. Summary in our words, not a quotation: Congress passes a law that requires a federal agency to inspect every ferry once a year. The President tells the agency not to inspect any ferry this year, because the President thinks the law is unwise.

7. 5.

   The President tells the agency not to inspect any ferry, though a law requires it (card E). Pia reads card A. What follows?

   • The order is lawful, because the executive power is vested in the President, who decides what the agency does
   • The order is void by itself, because card D says an order that breaks a law removes the President from office
   • The order is lawful, because the President is Commander in Chief and may direct any agency of the government
   • The order conflicts with the duty to take Care that the Laws be faithfully executed, even for an unwise law
8. 6.

   Bo compares cards B and C. How do they divide the power over war?

   • The President declares war and Congress commands the forces, so each holds a different part of the power
   • Congress declares war and the President commands the forces, so each holds a different part of the power
   • The President commands the Army, the Navy and the Militia when called into service, as card B says
   • The President decides about war alone, because the Commander in Chief controls the Army and the Navy
9. 7.

   Claim: "The President decides alone how the laws are carried out." Zee looks for the card that shows the claim goes too far.

   • Card C: Congress declares war, which shows Congress takes over how the laws are carried out
   • Card A: the President shall take Care that the Laws be faithfully executed, a duty on the President
   • Card B: the President is Commander in Chief, which shows the President commands the whole government
   • Card D: impeachment exists, which shows the President may not make any decision about the laws

10. Use this

    Cards A to D on rights as limits (the excerpts are exact; card D is made up). Card A, "The First Amendment (1791)". Who made it: Congress proposed it and the states ratified it. When: 1791. For whom: the people of the United States. Why: to limit what Congress may do. Excerpt: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Card B, "The Fourth Amendment (1791)". Same maker, date, readers and aim as card A. Excerpt: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Card C, "The Fourteenth Amendment (1868), Section 1, second sentence". Who made it: Congress proposed it and the states ratified it. When: ratified July 9, 1868. For whom: the people of the United States. Why: to limit what the States may do. Excerpt: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Card D, "Two made-up cases in Ashby". Who made it: written for this sheet. Summary in our words, not a quotation: Case 1: The town council of Ashby, a made-up town, passes a rule forbidding newspapers from printing a council member's name. Case 2: Ashby's police search a home with no warrant and no probable cause.

11. 8.

    Ashby's council forbids newspapers to print a council member's name (Case 1). Kira reads cards A and C. What can the cards settle?

    • The rule is void, because card A protects the freedom of the press from any level of government
    • The rule is void, because card C bars any State from depriving a person of liberty without due process
    • The rule is valid, because card A limits Congress alone, and a town council is not Congress
    • The cards do not decide it, because card A names Congress and card C names neither speech nor the press
12. 9.

    Esme compares cards A and C. How does card C change who is bound by limits on government?

    • Card A binds Congress; card C binds the States, so the limits reach a second level of government
    • Card C turns the rights in card A into limits on the States, so the two cards say the same thing
    • Card C protects people from the States, because it uses the word State where card A uses Congress
    • Card A binds the States; card C binds Congress, so the limits reach a second level of government
13. 10.

    Claim: "The Bill of Rights limits just the national government." Noah looks for the card that most directly tests the claim.

    • Card C limits the States themselves, so limits on government do not stop at the national level
    • Card D: the made-up cases show that States break rights, which shows the claim is false
    • Card A: it names Congress, which shows rights are limits on the national government and no one else
    • Card B: it protects the right of the people to be secure, which shows rights belong to citizens