History · The American Founding · Quick reference
U.S. Constitution & Government
The founding documents, the Preamble, all seven Articles and 27 amendments, checks and balances, federalism, the three branches, elections, landmark cases, state and local government, citizenship and the naturalization civics test. Quotations are checked word for word against the National Archives text.
1Roots of American Libertywhat the founders inherited
| Year | Source | Idea the founders used |
|---|---|---|
| 1215 | Magna Carta | the king is bound by law: no unlawful imprisonment; swift, fair justice |
| 1620 | Mayflower Compact | settlers covenant to make their own laws |
| 1689 | English Bill of Rights | no taxes or standing army without Parliament; free elections |
| 1689 | Locke, Second Treatise | natural rights from God; government by consent |
| 1776 | Virginia Declaration of Rights | rights of the people listed in writing |
2The Founding Documentsindependence to Bill of Rights
| Year | Event | Year | Event |
|---|---|---|---|
| 1776 | Declaration of Independence adopted, 4 July | 1787–1788 | The Federalist essays |
| 1781 | Articles of Confederation ratified | 1788 | New Hampshire, the ninth state, ratifies |
| 1783 | Treaty of Paris: independence recognized | 1789 | Washington inaugurated |
| 1786 | Shays’s Rebellion exposes a weak union | 1791 | Bill of Rights ratified |
| 1787 | Constitution signed, 17 September |
The Declaration (1776)
- Drafted by Thomas Jefferson. It states a theory of government, then lists grievances against “the present King of Great Britain.”
- Governments derive “their just powers from the consent of the governed.”
Self-evident truths
“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.”
It appeals to “Nature’s God” and “divine Providence.”
The founders’ worldview
- John Witherspoon, Madison’s teacher at Princeton, taught that because of sin no one should hold unchecked power.
- The Liberty Bell (cast 1753): “proclaim liberty throughout all the land unto all the inhabitants thereof” (Leviticus 25:10, KJV).
3Articles and Conventiona firmer union
| Articles of Confederation (1781–1789) | Constitution | |
|---|---|---|
| Votes in Congress | one per state | House by population; two senators per state |
| Taxes | could not tax | “To lay and collect Taxes” |
| Trade | could not regulate | regulates commerce among the states |
| Amendments | all thirteen states | three fourths of the states |
The Convention (1787)
- 55 delegates met in Philadelphia; Washington presided; Madison took notes.
- Great Compromise (Sherman): House by population, two senators per state.
Slavery in the text
- Counted “three fifths of all other Persons” (the enslaved); protected the slave trade until 1808.
- The 13th (1865) ended slavery; the 14th (1868) counts “the whole number of persons.”
Ratification
- Nine states needed. Anti-Federalists (“Brutus,” the “Federal Farmer”) wanted a bill of rights.
- Close votes in Virginia and New York. Franklin, as reported: “A republic, if you can keep it.”
4The FederalistPublius explains the plan
Who and why
85 essays (1787–1788) by Hamilton, Madison and Jay, signed “Publius,” urging New York to ratify.
No. 10 (Madison, 1787): faction
- “There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.”
- A large republic with many interests controls its effects.
No. 51 (Madison, 1788): checks
- “Ambition must be made to counteract ambition.”
- “If men were angels, no government would be necessary.”
- Government must “control the governed; and in the next place oblige it to control itself.”
No. 78 (Hamilton, 1788): courts
- The judiciary is “the least dangerous” branch, with “neither FORCE nor WILL, but merely judgment.”
- Judges with life tenure can hold laws to the Constitution.
- The course pairs these essays with Isaiah 33:22: “the LORD is our judge, the LORD is our lawgiver, the LORD is our king” (Isaiah 33:22, KJV).
5The Preamblewhy the Constitution exists
The text (original spelling)
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.”
| Goal | Meaning |
|---|---|
| form a more perfect Union | a stronger bond than the Articles |
| establish Justice | fair laws and courts |
| insure domestic Tranquility | peace at home |
| provide for the common defence | protect the nation |
| promote the general Welfare | the good of all |
| secure the Blessings of Liberty | freedom now and for “our Posterity” |
Key idea
Popular sovereignty: power comes from “We the People.” The Preamble states purposes; it grants no powers.
Six goals in order
Union, Justice, Tranquility, Defence, Welfare, Liberty:
“Uncle Jake Teaches Dad Water Lore.”
6The Seven Articlesthe plan of government
| Art. | Subject | What it sets up |
|---|---|---|
| I | Legislative | Congress: House and Senate; powers (§8) and limits (§9–10) |
| II | Executive | President and Vice President; electors; powers; impeachment |
| III | Judicial | Supreme Court and lower courts; judges hold office “during good Behaviour”; treason defined |
| IV | The states | “Full Faith and Credit” among states; new states; a “Republican Form of Government” |
| V | Amendment | how to propose and ratify amendments |
| VI | Supreme law | debts honored; Supremacy Clause; oaths; “no religious Test” |
| VII | Ratification | nine states needed to establish it |
Treason, the only crime defined
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”
Religion and office
“…no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Officers swear “(or affirm)” an oath.
7Amending the ConstitutionArticle V
Article V
- Congress proposes amendments “whenever two thirds of both Houses shall deem it necessary,” or calls a convention on the application of two thirds of the state legislatures.
- Ratified by “the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof.”
- The 21st Amendment was ratified by state conventions, as its text required.
8The Bill of Rightsten amendments, 1791
| # | In one sentence |
|---|---|
| 1 | No national established church; free exercise of religion; freedom of speech, press, assembly and petition. |
| 2 | The right of the people to keep and bear arms shall not be infringed. |
| 3 | No soldier may be quartered in a house in peacetime without the owner’s consent. |
| 4 | No unreasonable searches and seizures; warrants need probable cause and must be specific. |
| 5 | Grand jury for serious crimes; no double jeopardy; no forced self-incrimination; due process; just compensation for taken property. |
| 6 | Speedy, public trial by an impartial jury; told the charge; confront witnesses; a lawyer. |
| 7 | Jury trial in civil suits over twenty dollars. |
| 8 | No excessive bail or fines; no cruel and unusual punishments. |
| 9 | Listing some rights does not deny others kept by the people. |
| 10 | Powers not given to the nation, nor denied to the states, are reserved to the states or the people. |
Origins
- Congress proposed 12 amendments on September 25, 1789; ten were ratified in 1791. One more became the 27th Amendment in 1992.
- Madison drafted them, keeping the Federalists’ promise. Many echo the English Bill of Rights of 1689.
Reading the First Amendment
- “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
- At first it bound only the federal government; later amendments and court decisions applied it to the states.
- Jefferson’s phrase “a wall of separation between Church and State” comes from his 1802 letter to the Danbury Baptists; it is not in the Constitution.
First Amendment freedoms (Traditional)
RAPPS: Religion, Assembly, Press, Petition, Speech.
9All 27 Amendmentswith the year ratified
| # | Year | What it does | # | Year | What it does |
|---|---|---|---|---|---|
| 1 | 1791 | religion, speech, press, assembly, petition | 15 | 1870 | vote not denied by race |
| 2 | 1791 | keep and bear arms | 16 | 1913 | federal income tax |
| 3 | 1791 | no quartering of troops | 17 | 1913 | senators elected by the people |
| 4 | 1791 | searches and warrants | 18 | 1919 | prohibition of alcohol |
| 5 | 1791 | rights of the accused; due process | 19 | 1920 | vote not denied by sex |
| 6 | 1791 | speedy jury trial; counsel | 20 | 1933 | terms begin in January |
| 7 | 1791 | civil jury trials | 21 | 1933 | repeals the 18th |
| 8 | 1791 | bail, fines, punishments | 22 | 1951 | two-term limit for President |
| 9 | 1791 | other rights kept by the people | 23 | 1961 | electors for Washington, D.C. |
| 10 | 1791 | powers reserved to states, people | 24 | 1964 | no poll tax in federal elections |
| 11 | 1795 | limits suits against a state in federal court | 25 | 1967 | presidential succession, disability |
| 12 | 1804 | separate electoral votes for President and VP | 26 | 1971 | voting age 18 |
| 13 | 1865 | abolishes slavery | 27 | 1992 | pay raises wait for an election |
| 14 | 1868 | citizenship, due process, equal protection |
Groups to remember
1791: the Bill of Rights (1–10). 1865–1870: the Civil War amendments (13–15). Voting: 15, 17, 19, 23, 24, 26.
Government: 11, 12, 16, 17, 20, 22, 25, 27. The 18th is repealed by the 21st. The 27th, proposed in 1789, was ratified in 1992. Amendments 13, 14 and 15 (1865–1870) are called the Reconstruction amendments.
13th (1865)
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States…”
14th (1868)
No state shall “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.”
19th (1920)
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
10Separation of Powerschecks and balances
Three vesting clauses
- “All legislative Powers herein granted shall be vested in a Congress”
- “The executive Power shall be vested in a President”
- “The judicial Power… shall be vested in one supreme Court”
Why divide power
- Montesquieu (The Spirit of the Laws, 1748) taught that “power should be a check to power”; the framers quoted him more than any other modern writer.
- Madison (No. 51): “Ambition must be made to counteract ambition.”
11Federalismnation and states share power
Supremacy Clause (Art. VI)
- The Constitution, federal laws and treaties “shall be the supreme Law of the Land.”
Tenth Amendment
- “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Implied powers
- Laws “necessary and proper” to carry out listed powers (McCulloch, 1819). States may not make treaties or coin money.
12Legislative BranchCongress, Article I
| House of Representatives | Senate | |
|---|---|---|
| Members | 435 (fixed by law since 1929) | 100 (two per state) |
| Term | 2 years | 6 years; a third elected every 2 years |
| Minimum age | 25 | 30 |
| Citizen for | 7 years | 9 years |
| Elected by | voters of a district | voters of the whole state (17th Am.) |
| Presiding officer | Speaker of the House | Vice President; President pro tempore |
| Special powers | starts revenue bills; impeaches | tries impeachments; confirms; treaties (2/3) |
Enumerated powers (Art. I, §8)
- Tax, borrow and spend; regulate commerce among the states and with foreign nations and Indian tribes.
- Coin money; post offices; patents and copyrights; naturalization; lower courts; declare war; armies and a navy.
How seats are set
- House seats follow population; a census is taken every ten years.
- Each state has at least one representative and exactly two senators.
- Senators were chosen by state legislatures until the 17th Amendment (1913).
Leaders and rules
- The House chooses its Speaker. The Vice President presides over the Senate and votes only to break a tie.
- Each house judges its own members’ elections and makes its own rules.
13How a Bill Becomes Lawfrom bill to statute
The ten-day rule
If the President neither signs nor returns a bill “within ten Days (Sundays excepted),” it becomes law, “unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law”: the pocket veto.
Override
A vetoed bill returns to the house where it began. If “two thirds of that House shall agree to pass the Bill,” it goes to the other house; two thirds there makes it law.
Where bills start
Any member may introduce a bill in his or her own house, but “All Bills for raising Revenue shall originate in the House of Representatives.”
14Executive Branchthe President, Article II
Qualifications and term
- A “natural born Citizen,” at least 35, and 14 years a resident.
- Four-year term; elected at most twice (22nd Amendment, 1951).
- Washington served two terms (1789–1797) and then retired.
Impeachment
- The House impeaches; the Senate tries, and conviction takes two thirds of the senators present. The Chief Justice presides when a President is tried.
- Grounds: “Treason, Bribery, or other high Crimes and Misdemeanors.”
Powers and duties
- Commander in Chief of the armed forces.
- Makes treaties with two thirds of the Senate; appoints judges, ambassadors and officers with the Senate’s “Advice and Consent.”
- Signs or vetoes bills; grants pardons; reports on “the State of the Union”; must “take Care that the Laws be faithfully executed.”
The oath (Art. II)
- “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Cabinet and succession
- The heads of the executive departments (the Cabinet, since 1789) advise the President.
- The Vice President succeeds a President who dies, resigns or is removed (25th Amendment, 1967); Congress sets the order after that by law.
15Elections & Electoral Collegechoosing the President
The Electoral College
- Each state has electors equal to its senators plus representatives; members of Congress and federal officers may not be electors.
- D.C. has 3 (23rd Amendment). 435 + 100 + 3 = 538 electors; a majority is 270.
- The 12th Amendment (1804) has electors vote separately for President and Vice President.
If no one has a majority
- The House chooses the President from the top three, each state delegation casting one vote.
- The Senate chooses the Vice President.
- Terms begin at noon on January 20 (20th Amendment, 1933).
Widening the vote
- 15th (1870): not denied by race. 17th (1913): voters elect senators. 19th (1920): not denied by sex.
- 23rd (1961): D.C. votes for President. 24th (1964): no poll tax in federal elections. 26th (1971): age 18.
Parties and campaigns
- The Constitution does not mention political parties. In his Farewell Address (1796) Washington warned against faction.
- States run elections; Congress may set the time of federal elections.
16Judicial Branchthe courts, Article III
Structure
- One Supreme Court and lower courts that Congress creates.
- Since 1869: a Chief Justice and eight associate justices (nine), a number set by law.
- Federal judges are nominated by the President, confirmed by the Senate, and serve “during good Behaviour”; their pay cannot be cut.
Jurisdiction
- Original: cases “affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.”
- Appellate: most other cases, on appeal from lower courts.
- Criminal trials are by jury, “except in Cases of Impeachment.”
Judicial review
- Courts may refuse to enforce a law or act that conflicts with the Constitution.
- Established in Marbury v. Madison (1803) under Chief Justice John Marshall (1755–1835).
- A ruling can be changed by a later Court (Brown partly overruled Plessy) or by amending the Constitution.
17Landmark Caseswhat the Court decided
| Case | Year | Holding | Case | Year | Holding |
|---|---|---|---|---|---|
| Marbury v. Madison | 1803 | Courts may strike down laws that conflict with the Constitution. | Mapp v. Ohio | 1961 | Illegally seized evidence is excluded in state courts too. |
| McCulloch v. Maryland | 1819 | Congress may charter a national bank (implied powers); a state may not tax it. | Engel v. Vitale | 1962 | State officials may not compose an official school prayer. |
| Gibbons v. Ogden | 1824 | Congress’s commerce power covers interstate shipping. | Gideon v. Wainwright | 1963 | States must provide lawyers to defendants who cannot afford one. |
| Dred Scott v. Sandford | 1857 | Held that Black Americans could not be citizens; the 14th Amendment (1868) made persons born here citizens. | Miranda v. Arizona | 1966 | Police must warn suspects of their rights before custodial questioning. |
| Plessy v. Ferguson | 1896 | Upheld state segregation laws: “separate but equal.” | Tinker v. Des Moines | 1969 | Public school students keep free speech rights at school. |
| Pierce v. Society of Sisters | 1925 | Struck down a law requiring all children to attend public school. | Wisconsin v. Yoder | 1972 | Amish children could not be compelled to attend school past 8th grade. |
| W. Va. Board of Ed. v. Barnette | 1943 | Students may not be forced to salute the flag. | United States v. Nixon | 1974 | The President had to turn over subpoenaed tapes. |
| Brown v. Board of Education | 1954 | State laws segregating public schools violate equal protection. |
Reading a case name
Marbury v. Madison: the party bringing the case, then the other party. The majority opinion decides the case; a dissent explains why other justices disagree.
18Expanding Rightsthe promise extended
| When | What | Result |
|---|---|---|
| 1865–1870 | 13th, 14th, 15th Amendments | end slavery; citizenship and equal protection; vote regardless of race |
| 1890s | Jim Crow laws spread | segregation and barriers to voting in the South |
| 1896 | Plessy v. Ferguson | “separate but equal” upheld |
| 1920 | 19th Amendment | women’s suffrage nationwide |
| 1954 | Brown v. Board of Education | school segregation ruled unconstitutional |
| 1955–1956 | Montgomery bus boycott | ends segregated buses in Montgomery |
| 1957 | Little Rock | federal troops protect nine students |
| 1964 | Civil Rights Act; 24th Amendment | segregation in public places outlawed; no poll tax |
| 1965 | Voting Rights Act | bans racial discrimination in voting |
| 1971 | 26th Amendment | voting age lowered to 18 |
The Civil War amendments
The course: together the 13th, 14th and 15th “overturned Dred Scott and wrote the Declaration’s promise into the Constitution.”
Law and conscience
In 1963 Martin Luther King Jr. wrote from a Birmingham jail that “an unjust law is a code that is out of harmony with the moral law.”
How change came
By amendment, by court ruling and by act of Congress: all three tools of the Constitution were used.
19State & Local Governmentcloser to home
| Level | Executive | Legislative | Judicial |
|---|---|---|---|
| Nation | President | Congress | Supreme Court and federal courts |
| State | Governor | State legislature | State supreme court and trial courts |
| County | Commissioners or board; sheriff | County board | County or district courts |
| City or town | Mayor or city manager | City council | Municipal courts |
| Special districts | Superintendent or director | School or district board |
State governments
- Each state has its own constitution with three branches; the nation guarantees each “a Republican Form of Government.”
- Reserved powers (10th Amendment): schools, police and fire protection, driver’s licenses, zoning, most criminal and family law, and running elections.
Local governments
- Counties, cities, towns and school districts are created by their states and hold the powers state law gives them.
- Local officials are the government most people meet: schools, roads, water, police, courts and permits.
Taking part
- Attend a city council or school board meeting; read the agenda first.
- Contact officials, serve on a jury, volunteer, and vote in local as well as national elections.
20Citizenshiprights and duties
Becoming a citizen
- By birth: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens” (14th Amendment).
- By naturalization (USCIS): age 18+; a permanent resident 5 years (3 if married to and living with a citizen); English and civics; good moral character; attachment to the Constitution; the Oath of Allegiance.
Rights
- Everyone in the country has the freedoms of the Bill of Rights, due process and equal protection.
- Only citizens may vote in federal elections, run for federal office, and serve on a federal jury.
Responsibilities
- Vote, stay informed, respect the rights of others, and contact officials (the First Amendment protects petitions).
Duties
- Obey the law; pay taxes (the 16th Amendment, 1913, allows a federal income tax); serve on a jury when called.
- Almost all men aged 18 through 25, citizens and immigrants, must register with the Selective Service.
- New citizens promise to give up loyalty to other countries, obey the laws and defend the Constitution, serving in the military if needed.
21The Citizenship Testhow the interview works
| Practice question (original) | Answer | Practice question (original) | Answer |
|---|---|---|---|
| Which branch can declare war? | Congress (legislative) | In what city was the Constitution written? | Philadelphia |
| Each state elects how many senators? | Two | What does the Tenth Amendment keep for the states? | Powers not given to the nation |
| How many years is one House term? | Two | Name the power of courts to void unconstitutional laws. | Judicial review |
| Which amendment set the voting age at 18? | 26th (1971) | What do we call the first ten amendments? | The Bill of Rights |
| Who presides over the Senate? | The Vice President | How old must a President be? | At least 35 |
| What did the 13th Amendment end? | Slavery | Which document began “We the People”? | The Constitution (Preamble) |
| Who wrote most of the Declaration? | Thomas Jefferson | How many votes win the Electoral College? | 270 |
The interview
- A USCIS officer judges spoken English during the interview.
- Reading: read aloud one of three sentences correctly. Writing: write one of three correctly.
- Civics: oral questions from an official list.
Current format (2025 test)
- For applications filed on or after Oct. 20, 2025: up to 20 questions from a list of 128; 12 correct passes, and 9 wrong fails. The officer stops once either is reached.
- Two attempts: a failed part is retested 60 to 90 days later.
- Answers change (who holds an office): check uscis.gov first.
How to study
- Study from the official USCIS list and study guide, and say each answer aloud.
- Learn the why, not only the words: the sections of this guide follow the same topics.
- Practice with a partner who asks questions in random order.
22Key Numbersworth memorizing
| Number | Meaning | Number | Meaning |
|---|---|---|---|
| 3 | branches of government | 9 | Supreme Court justices (set by law) |
| 7 | articles in the Constitution | 2 / 6 / 4 | years: House, Senate, President terms |
| 27 | amendments (10 in the Bill of Rights) | 25 / 30 / 35 | minimum ages: House, Senate, President |
| 435 | voting members of the House | 2/3 | of each house to override a veto or propose an amendment |
| 100 | senators, two per state | 3/4 | of the states to ratify an amendment |
| 538 | electors; 270 to win | 10 | days (Sundays excepted) for the President to act on a bill |
Ages climb by five
House 25, Senate 30, President 35:
each step up the ladder adds five years.
Terms: two, six, four
House 2, Senate 6, President 4:
the Senate is the longest, so it changes slowest.
23Key Terms & Common Mistakeswords and myths
| Term | Meaning | Term | Meaning |
|---|---|---|---|
| Republic | the people rule through elected representatives | Concurrent powers | powers held by both nation and states |
| Popular sovereignty | power comes from the people | Due process | fair legal procedures before life, liberty or property is taken |
| Limited government | government has only the powers granted to it | Ratify | formally approve |
| Rule of law | everyone, rulers included, is under the law | Veto | the President’s refusal to sign a bill |
| Enumerated powers | powers listed for Congress (Art. I, §8) | Impeach | to charge an official; the Senate then tries the case |
| Implied powers | powers “necessary and proper” to use the listed ones | Suffrage | the right to vote |
| Reserved powers | powers kept by the states or the people (10th Am.) | Naturalization | the legal process of becoming a citizen |
| Mistake | Correction (from the course) |
|---|---|
| The First Amendment banned religion from public life. | It barred a national established church; Congress itself hired chaplains. |
| The Bill of Rights first limited the states. | It limited only the federal government until later amendments and court decisions. |
| The three-fifths clause called slaves three-fifths human. | It reduced slaveholding states’ representation; antislavery delegates wanted slaves not counted at all. |
| All the founders agreed. | The ratification debate was hard fought and close. |
| The Emancipation Proclamation freed every slave. | It applied to rebel areas; the 13th Amendment ended slavery everywhere in 1865. |
| The words “wall of separation” are in the Constitution. | They come from Jefferson’s 1802 letter to the Danbury Baptists. |
24Who’s Whofounders and thinkers
| Person | Life | Remember | Person | Life | Remember |
|---|---|---|---|---|---|
| George Washington | 1732–1799 | presided at the Convention; President 1789–1797 | John Marshall | 1755–1835 | Chief Justice 1801–1835; Marbury, McCulloch |
| John Adams | 1735–1826 | Vice President 1789–1797; President 1797–1801 | Roger Sherman | 1721–1793 | Great Compromise; signed all four great state papers |
| Thomas Jefferson | 1743–1826 | drafted the Declaration; Virginia Statute (1786); President 1801–1809 | John Locke | 1632–1704 | natural rights, property and consent; Second Treatise (1689) |
| James Madison | 1751–1836 | Convention notes; Federalist; drafted the Bill of Rights; President 1809–1817 | Montesquieu | 1689–1755 | separation of powers |
| Alexander Hamilton | d. 1804 | Federalist No. 78 and others; Secretary of the Treasury 1789–1795 | William Blackstone | 1723–1780 | Commentaries on the Laws of England |
| John Jay | 1745–1829 | Federalist essays; Chief Justice 1789–1795 | Thomas Paine | 1737–1809 | Common Sense (January 1776) |
| Benjamin Franklin | 1706–1790 | oldest delegate at the Convention |