12th grade How the Constitution changes: amendments, judicial review and ways of reading the text worksheet

How the Constitution changes: amendments, judicial review and ways of reading the text

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Use this

   Cards A to D on the Sixteenth Amendment. Card A, "Article I, section 9" (National Archives transcript, exact): "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken." Card B, "The Sixteenth Amendment" (National Archives transcript, exact): "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." Card C, "Pollock v. Farmers' Loan and Trust Co." (summary in our words, not a quotation): In 1895 the Supreme Court held that a federal tax on income from property was a direct tax. The tax had not been divided among the states by population, so the Court struck it down. The Sixteenth Amendment was ratified in 1913. Card D, "Dividing a direct tax" (invented numbers, for practice): Congress lays a direct tax of $40 million. Ridge has 3 million people and $60 billion in total incomes. Vale has 1 million people and $10 billion in total incomes. No other states are counted.

2. 1.

   Ari compares Cards A, B and C. What did the Sixteenth Amendment change about the rule Pollock applied?

   • It keeps apportionment for taxes on incomes but ends it for taxes on property
   • It repealed the direct-tax clause, so no federal tax now has to be divided among the states by population
   • It lets Congress tax incomes, but incomes from property alone, the kind of income Pollock dealt with
   • It lifts the rule of apportionment for taxes on incomes, leaving that rule in place for other direct taxes
3. 2.

   Invented case: Congress passes a yearly tax of 1 percent of the value of every home. Bo asks whether Card B lets Congress skip apportionment. What is the best answer?

   • Yes: Pollock treated property as a source of income, so a tax on homes is covered
   • Yes: 'from whatever source derived' means any federal tax is free of apportionment, whatever it is levied on
   • No: Card B reaches taxes on incomes, and a tax on home value is not one, so Card A's rule is not lifted
   • Yes: homeowners pay the tax out of their income, and Card B covers any tax that is paid from income
4. 3.

   Jun writes: 'The Sixteenth Amendment was passed because of Pollock.' Cards B and C give the ruling (1895) and the ratification (1913). Which added evidence would best test the claim?

   • The text of the amendment itself, since 'without apportionment' answers the problem the Court found in Pollock
   • The number of states that ratified in 1913, since a large majority shows the states shared the Court's concern
   • What members of Congress and the states said in debate on the amendment, and whether they cited Pollock
   • The 18 years between the ruling and the ratification, since a long gap shows Pollock was a minor reason

5. Use this

   Cards A to D on the voting age. Card A, "The Twenty-sixth Amendment, section 1" (National Archives transcript, exact): "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." Card B, "Oregon v. Mitchell (1970)" (summary in our words, not a quotation): Congress passed a law in 1970 lowering the voting age to 18 in all elections. The Supreme Court ruled that Congress could set the age at 18 for federal elections but not for state and local elections, so a state could keep a higher age for its own. Card C, "After the ruling" (summary in our words, not a quotation): The Twenty-sixth Amendment was ratified in 1971, about three months after Congress sent it to the states. Section 2 gives Congress power to enforce it. Card D, "Article I, section 2" (National Archives transcript, exact; part of the clause): "the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature."

6. 4.

   Kira compares Cards A, B and C. Who could set the voting age for state elections after the 1970 ruling, and after the amendment?

   • After the ruling the states could; after the amendment no state may deny the vote to citizens 18 or older because of age
   • After the ruling the Supreme Court set the age for state elections, and the amendment gave that power to Congress
   • After the ruling Congress held that power for federal and state elections alike, and after the amendment the states took it back
   • After the amendment Congress alone sets the age, since section 2 gives Congress power to enforce it
7. 5.

   Invented case: in 1970 Alder keeps 21 for its own elections. A 19-year-old votes for Congress there but is turned away from the governor's race. Luz reads Cards A and B. What follows?

   • After the amendment Alder must also let 17-year-olds vote, since section 1 sets a floor on the age
   • Before the amendment Alder could keep 21 for its governor's race; afterward it cannot
   • Before the amendment the turn-away was barred for Alder's governor's race, but not for Congress
   • Both before and after the amendment Alder may keep 21, because the ruling covered each election
8. 6.

   Milo sets Card D beside Card B. Which reading of the 1970 ruling does Card D support?

   • Card D proves the Court was right, since states have full control over each qualification for voting
   • Congress's age-18 rule stood for federal elections only, which fits states holding power over voter qualifications
   • Card D supports Congress's age-18 law for state elections, since the Constitution gives Congress power over voters
   • Card D shows the ruling was unanimous, since the states' power over voters was clear in the text
9. 7.

   Noah reads this claim: 'The Twenty-sixth Amendment was needed because no other change could set the voting age.' Which response do the cards support?

   • Overstated: the amendment was one route, but Card D shows each state could also lower its own age
   • True: a constitutional amendment alone could change a voting age, as the existence of Card A shows
   • True: the ruling struck the 1970 law down entirely, so nothing else was left to try
   • False: the amendment was ratified so quickly that the 1970 law must have been easy to fix another way

10. Use this

    Cards A to D on electing senators. Card A, "Article I, section 3" (National Archives transcript, exact): "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote." Card B, "The Seventeenth Amendment" (National Archives transcript, exact; ratified 1913): "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote." Card C, "The Seventeenth Amendment, vacancies" (National Archives transcript, exact): "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct." Card D, "A claim" (a textbook line, made up for practice): The Seventeenth Amendment made senators answer to voters instead of state legislatures.

11. 8.

    Invented case: the legislature of Maple votes to send its own pick to the Senate over the person voters chose. Ren compares Cards A and B. Which statement is accurate?

    • Under Card A the voters' choice would be the senator, and under Card B the legislature's pick would be
    • Under Card A the legislature's pick would be senator; under Card B the voters' choice is
    • Under both cards the legislature's pick stands, since a legislature can set the details of how the people vote
    • Under both cards the legislature's pick stands, since Card C lets legislatures fill vacancies
12. 9.

    Tala reads Card C beside Card B. How does a temporary appointment fit Card B's rule?

    • The governor may appoint a senator for the whole remaining term, since the legislature may empower the executive
    • The legislature alone may issue the writs of election, since Card C names the legislature first
    • The legislature may choose the replacement itself, since Card A's original rule returns for vacancies
    • A stopgap only: the executive issues writs of election, and the people fill the seat by election
13. 10.

    Zee wants to test Card D's claim that the amendment made senators answer to voters. Which added evidence would test it best?

    • Compare the size of the Senate before and after 1913, to see whether the amendment changed its makeup
    • Read Card B again, since 'elected by the people' already shows that senators answer to voters, not legislatures
    • Compare how senators voted on bills before and after 1913 with what their legislatures and their voters each wanted
    • Count how many senators serving in 1914 had also served before 1913, to see whether the Senate changed