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Key historical documents

Question 1 of 36 · 0 right

Question 1 of 36

The Declaration of Independence (1776)

Adopted by the Second Continental Congress on July 4, 1776. Spelling and capitalization follow the original.

(1) When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

(2) 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.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

According to paragraph 2 of the Declaration of Independence, where do governments get their "just powers"?

Answer choices
Hint

Find the phrase "just powers" in paragraph 2 and read the words right after it.

Question 2 of 36

The Declaration of Independence (1776)

Adopted by the Second Continental Congress on July 4, 1776. Spelling and capitalization follow the original.

(1) When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

(2) 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.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Based on paragraph 2, which action would the authors of the Declaration of Independence most likely support?

Answer choices
Hint

Look for the part of paragraph 2 that begins "That whenever any Form of Government becomes destructive of these ends…"

Question 3 of 36

Drag and drop

Drag each document to the description that matches it.

DescriptionDocument
1215 English agreement that limited the king's power and promised trial by law
1620 agreement by Pilgrims to form a "civil body politic" and obey laws made for the good of the colony
1781 first U.S. plan of government, with a weak Congress and strong states
1791 first ten amendments, protecting individual liberties

Tap a tile, then tap a box to place it.

Hint

Use the dates as clues: the oldest document is English, and the newest one changes the Constitution.

Question 4 of 36

The Preamble to the Constitution (1787)

The Constitution was written at the Constitutional Convention in Philadelphia in 1787 and went into effect in 1789. Its opening sentence is called the Preamble. Spelling and capitalization follow the original.

(1) 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.

(2) Editor's note: The Preamble does not give the government any powers by itself. It states who is creating the Constitution and the goals the new government should serve. The Articles of Confederation had opened by naming the thirteen states as the parties to the agreement. The Constitution opens with "We the People."

According to the Preamble (paragraph 1), who establishes the Constitution?

Answer choices
Hint

The subject of the long sentence is at the very beginning. Find the verb "ordain and establish" and ask: who does it?

Question 5 of 36

Drop-down
The Preamble to the Constitution (1787)

The Constitution was written at the Constitutional Convention in Philadelphia in 1787 and went into effect in 1789. Its opening sentence is called the Preamble. Spelling and capitalization follow the original.

(1) 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.

(2) Editor's note: The Preamble does not give the government any powers by itself. It states who is creating the Constitution and the goals the new government should serve. The Articles of Confederation had opened by naming the thirteen states as the parties to the agreement. The Constitution opens with "We the People."

Complete the sentences about the Preamble (paragraph 1).

When the Preamble says the Constitution will "insure domestic Tranquility," it means the government will . When it promises "the Blessings of Liberty to ourselves and our Posterity," Posterity means .

Choose an answer from each menu.

Hint

Domestic can mean "inside the country," and tranquility means calm. For Posterity, notice it is paired with "ourselves" — who comes after us?

Question 6 of 36

A student is researching the earliest written agreement in which English colonists in North America promised to govern themselves and obey laws made for the common good. The agreement was signed aboard a ship in 1620. Which document should the student read?

Answer choices
Hint

Use the date and the ship. Which of these documents is older than every other choice except one — and that one is from England, not North America?

Question 7 of 36

The Articles of Confederation (1781)

The Articles of Confederation were the first plan of government for the United States. They were written in 1777 and took effect in 1781.

(1) Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

(2) Article VIII. … The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.

(3) Editor's note: "That proportion" means each state's share of the national government's costs. Under the Articles there was no national president and no national court system. Congress had one house, and each state had one vote. Changing the Articles required the agreement of all thirteen states.

What does Article II (paragraph 1) suggest about the balance of power under the Articles of Confederation?

Answer choices
Hint

Who "retains" sovereignty? Who gets only the powers "expressly delegated"?

Question 8 of 36

The Articles of Confederation (1781)

The Articles of Confederation were the first plan of government for the United States. They were written in 1777 and took effect in 1781.

(1) Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

(2) Article VIII. … The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.

(3) Editor's note: "That proportion" means each state's share of the national government's costs. Under the Articles there was no national president and no national court system. Congress had one house, and each state had one vote. Changing the Articles required the agreement of all thirteen states.

Based on Article VIII (paragraph 2), which problem was the national government most likely to face under the Articles of Confederation?

Answer choices
Hint

Who actually "laid and levied" the taxes — Congress or the state legislatures?

Question 9 of 36

The Federalist No. 51 (1788)

The Federalist Papers were 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pen name "Publius." They urged New Yorkers to ratify the new Constitution. In this essay, Madison uses "department" to mean a branch of government.

(1) But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. … Ambition must be made to counteract ambition. …

(2) But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

Which statement best expresses Madison's main idea in paragraph 2?

Answer choices
Hint

Madison names "the great difficulty" in the last sentence. What two things must a government do?

Question 10 of 36

Drop-down
The Federalist No. 51 (1788)

The Federalist Papers were 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pen name "Publius." They urged New Yorkers to ratify the new Constitution. In this essay, Madison uses "department" to mean a branch of government.

(1) But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. … Ambition must be made to counteract ambition. …

(2) But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

Complete the sentences about paragraph 1 of Federalist No. 51.

Madison writes that "Ambition must be made to counteract ambition." He means each branch should have the means to the other branches. In the Constitution, this idea is called .

Choose an answer from each menu.

Hint

Paragraph 1 talks about each "department" (branch) having the means "to resist encroachments of the others."

Question 11 of 36

The Bill of Rights: First and Fourth Amendments (1791)

The first ten amendments to the Constitution, called the Bill of Rights, were ratified in 1791.

(1) Amendment I. 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.

(2) Amendment IV. 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.

Police officers search a woman's apartment and take her computer. They did not have a warrant and had no evidence she had committed a crime. Which part of the excerpt most directly protects her?

Answer choices
Hint

Which amendment mentions houses, papers, and searches?

Question 12 of 36

Select all
The Bill of Rights: First and Fourth Amendments (1791)

The first ten amendments to the Constitution, called the Bill of Rights, were ratified in 1791.

(1) Amendment I. 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.

(2) Amendment IV. 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.

According to paragraph 1, which rights does the First Amendment protect from laws passed by Congress? Select all that apply.

Select all that apply.

Answer choices
Hint

Read Amendment I slowly and list each freedom it names. Ignore rights that come from other amendments.

Question 13 of 36

The Preamble to the Constitution (1787)

The Constitution was written at the Constitutional Convention in Philadelphia in 1787 and went into effect in 1789. Its opening sentence is called the Preamble. Spelling and capitalization follow the original.

(1) 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.

(2) Editor's note: The Preamble does not give the government any powers by itself. It states who is creating the Constitution and the goals the new government should serve. The Articles of Confederation had opened by naming the thirteen states as the parties to the agreement. The Constitution opens with "We the People."

Which government action most directly carries out the Preamble's goal to "establish Justice"?

Answer choices
Hint

Each choice matches one of the goals in the Preamble. Match each choice to its goal, then pick the one that is about justice.

Question 14 of 36

The Preamble to the Constitution (1787)

The Constitution was written at the Constitutional Convention in Philadelphia in 1787 and went into effect in 1789. Its opening sentence is called the Preamble. Spelling and capitalization follow the original.

(1) 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.

(2) Editor's note: The Preamble does not give the government any powers by itself. It states who is creating the Constitution and the goals the new government should serve. The Articles of Confederation had opened by naming the thirteen states as the parties to the agreement. The Constitution opens with "We the People."

Which statement best expresses the main idea of the Preamble?

Answer choices
Hint

Read the editor's note: it tells you what the Preamble does and does not do. A main idea covers the whole sentence, not one goal.

Question 15 of 36

Powers of the New National Government (1787)

From the U.S. Constitution, signed September 17, 1787. Spelling and capitalization follow the original.

(1) Article I, Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; …

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; …

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; …

(2) Article VI. … This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(3) Editor's note: Under the Articles of Confederation, Congress could only ask the states for money, and each state decided whether to collect it. Duties and imposts are taxes on imported goods; excises are taxes on goods made or sold at home. Commerce means trade. An appropriation is money set aside by law for a purpose. Notwithstanding means "in spite of."

Based on Article I, Section 8 (paragraph 1) and the editor's note, how did the Constitution change the national government's power compared with the Articles of Confederation?

Answer choices
Hint

Compare who collects the money under each plan. The editor's note tells you how it worked under the Articles.

Question 16 of 36

Select all
Powers of the New National Government (1787)

From the U.S. Constitution, signed September 17, 1787. Spelling and capitalization follow the original.

(1) Article I, Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; …

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; …

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; …

(2) Article VI. … This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(3) Editor's note: Under the Articles of Confederation, Congress could only ask the states for money, and each state decided whether to collect it. Duties and imposts are taxes on imported goods; excises are taxes on goods made or sold at home. Commerce means trade. An appropriation is money set aside by law for a purpose. Notwithstanding means "in spite of."

According to the excerpt from Article I, Section 8 (paragraph 1), which powers does the Constitution give to Congress? Select all that apply.

Select all that apply.

Answer choices
Hint

Read each clause that starts with "To" after "The Congress shall have Power." Check every option against those exact clauses.

Question 17 of 36

Drag and drop
More Protections in the Bill of Rights (1791)

These amendments are part of the Bill of Rights, ratified in 1791. Spelling follows the original.

(1) Amendment V. … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(2) Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(3) Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) Amendment X. 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.

(5) Editor's note: Jeopardy means danger; being "twice put in jeopardy" (double jeopardy) means being tried a second time for the same crime after a verdict. Bail is money paid so an accused person can leave jail while waiting for trial. Counsel means a lawyer. Delegated means handed over.

Use the excerpt. Drag each amendment to the description that matches it.

DescriptionAmendment
Promises an accused person a lawyer and a public trial by a fair jury
Bans cruel and unusual punishments and bail that is too high
Leaves powers not given to the national government to the states or the people
Protects a person from being tried twice for the same crime

Tap a tile, then tap a box to place it.

Hint

Find a key word from each description in the excerpt: "Counsel," "bail," "reserved," "twice put in jeopardy."

Question 18 of 36

More Protections in the Bill of Rights (1791)

These amendments are part of the Bill of Rights, ratified in 1791. Spelling follows the original.

(1) Amendment V. … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(2) Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(3) Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) Amendment X. 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.

(5) Editor's note: Jeopardy means danger; being "twice put in jeopardy" (double jeopardy) means being tried a second time for the same crime after a verdict. Bail is money paid so an accused person can leave jail while waiting for trial. Counsel means a lawyer. Delegated means handed over.

A jury in a federal court finds a man not guilty of robbing a bank. Later, federal prosecutors find new evidence and want to try him again for the same robbery. Which part of the excerpt most directly protects him?

Answer choices
Hint

The key fact is that he would be tried a second time for the same crime. Which phrase is about that?

Question 19 of 36

Who Guards the Constitution? (1788 and 1803)

Source 1 — James Madison, The Federalist No. 47, 1788

(1) The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, … or elective, may justly be pronounced the very definition of tyranny.

Source 2 — Alexander Hamilton, The Federalist No. 78, 1788

(2) … the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution … It may truly be said to have neither FORCE nor WILL, but merely judgment …

(3) … The interpretation of the laws is the proper and peculiar province of the courts. …

Source 3 — Chief Justice John Marshall, Marbury v. Madison, 1803

(4) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

(5) … an act of the legislature, repugnant to the constitution, is void. …

Note: "Province" here means area of responsibility. To "expound" means to explain. "Repugnant to" means in conflict with. In Marbury v. Madison the Supreme Court, for the first time, declared part of a law passed by Congress unconstitutional. The power of courts to do this is called judicial review.

According to Source 3, what is true of an act of the legislature that conflicts with the Constitution?

Answer choices
Hint

Find the word repugnant in Source 3 and use the note to translate it.

Question 20 of 36

Who Guards the Constitution? (1788 and 1803)

Source 1 — James Madison, The Federalist No. 47, 1788

(1) The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, … or elective, may justly be pronounced the very definition of tyranny.

Source 2 — Alexander Hamilton, The Federalist No. 78, 1788

(2) … the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution … It may truly be said to have neither FORCE nor WILL, but merely judgment …

(3) … The interpretation of the laws is the proper and peculiar province of the courts. …

Source 3 — Chief Justice John Marshall, Marbury v. Madison, 1803

(4) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

(5) … an act of the legislature, repugnant to the constitution, is void. …

Note: "Province" here means area of responsibility. To "expound" means to explain. "Repugnant to" means in conflict with. In Marbury v. Madison the Supreme Court, for the first time, declared part of a law passed by Congress unconstitutional. The power of courts to do this is called judicial review.

Madison wrote Source 1 while urging New Yorkers to approve a Constitution that divides power among three branches. What central point does he make in this sentence?

Answer choices
Hint

Find the subject of the sentence (what is being described) and what Madison calls it.

Question 21 of 36

Drag and drop

Drag the documents into the order in which they took effect, from first to last.

OrderDocument
First
Second
Third
Fourth

Tap a tile, then tap a box to place it.

Hint

Two of these came during or right after the Civil War, one during Reconstruction, and one after women's long campaign for suffrage.

Question 22 of 36

Two Documents About Equality (1776 and 1863)

Source 1 — The Declaration of Independence, July 4, 1776

(1) 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.

Source 2 — Abraham Lincoln, Gettysburg Address, November 19, 1863

(2) Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

(3) Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. …

(4) … that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.

Note: A "score" is 20 years. Lincoln spoke at the dedication of a cemetery for Union soldiers killed in the Battle of Gettysburg in July 1863.

Lincoln gave the Gettysburg Address in 1863. "Four score and seven years ago" points back to 1776. Why did Lincoln most likely begin his speech this way?

Answer choices
Hint

Compute 4 × 20 + 7. Then compare the rest of Lincoln's first sentence with Source 1.

Question 23 of 36

The Emancipation Proclamation (1863)

President Abraham Lincoln issued this proclamation on January 1, 1863, during the Civil War, as commander in chief.

(1) That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; …

(2) And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; …

(3) Editor's note: Four slave states — Delaware, Kentucky, Maryland, and Missouri — stayed loyal to the Union. They were not "in rebellion," so the proclamation did not apply to them. It also left out some areas already under Union army control, such as Tennessee. Slavery was ended everywhere in the United States by the Thirteenth Amendment in 1865.

Based on the excerpt and the editor's note, which conclusion about the Emancipation Proclamation is best supported?

Answer choices
Hint

Pay attention to the condition in paragraph 1: which places did the order cover?

Question 24 of 36

Hot spot
The Articles of Confederation (1781)

The Articles of Confederation were the first plan of government for the United States. They were written in 1777 and took effect in 1781.

(1) Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

(2) Article VIII. … The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.

(3) Editor's note: "That proportion" means each state's share of the national government's costs. Under the Articles there was no national president and no national court system. Congress had one house, and each state had one vote. Changing the Articles required the agreement of all thirteen states.

Leaders who believed the national government described in this excerpt was too weak met in Philadelphia to write a new plan of government. Essays signed "Publius" then urged the states to approve that new plan.

On the timeline, click the document that the "Publius" essays defended.

Click on the figure to mark your answer (or focus it and use the arrow keys).

Timeline of key American documents, in order: 1215 Magna Carta; 1620 Mayflower Compact; 1776 Declaration of Independence; 1781 Articles of Confederation (ratified); 1787 U.S. Constitution (written); 1787–88 Federalist Papers; 1791 Bill of Rights (ratified); 1863 Emancipation Proclamation; 1863 Gettysburg Address. The timeline is not drawn to scale. Key Documents in American History (not to scale) 1215 Magna Carta 1620 Mayflower Compact 1776 Declaration of Independence 1781 Articles of Confederation 1787 U.S. Constitution 1787–88 Federalist Papers 1791 Bill of Rights 1863 Emancipation Proclamation 1863 Gettysburg Address
Hint

There are two steps: first name the plan that replaced the Articles, then make sure you click that plan — not the essays about it.

Question 25 of 36

Who Guards the Constitution? (1788 and 1803)

Source 1 — James Madison, The Federalist No. 47, 1788

(1) The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, … or elective, may justly be pronounced the very definition of tyranny.

Source 2 — Alexander Hamilton, The Federalist No. 78, 1788

(2) … the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution … It may truly be said to have neither FORCE nor WILL, but merely judgment …

(3) … The interpretation of the laws is the proper and peculiar province of the courts. …

Source 3 — Chief Justice John Marshall, Marbury v. Madison, 1803

(4) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

(5) … an act of the legislature, repugnant to the constitution, is void. …

Note: "Province" here means area of responsibility. To "expound" means to explain. "Repugnant to" means in conflict with. In Marbury v. Madison the Supreme Court, for the first time, declared part of a law passed by Congress unconstitutional. The power of courts to do this is called judicial review.

In Source 2, Hamilton says the judiciary has "neither FORCE nor WILL, but merely judgment." What does he most likely mean?

Answer choices
Hint

Think about what the other two branches have: one commands the army and enforces laws; the other decides what laws to make. What is left for courts?

Question 26 of 36

Select all
More Protections in the Bill of Rights (1791)

These amendments are part of the Bill of Rights, ratified in 1791. Spelling follows the original.

(1) Amendment V. … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(2) Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(3) Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) Amendment X. 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.

(5) Editor's note: Jeopardy means danger; being "twice put in jeopardy" (double jeopardy) means being tried a second time for the same crime after a verdict. Bail is money paid so an accused person can leave jail while waiting for trial. Counsel means a lawyer. Delegated means handed over.

According to Amendment VI (paragraph 2), which rights does an accused person have in a criminal case? Select all that apply.

Select all that apply.

Answer choices
Hint

Only paragraph 2 counts. Some options are real rights found in other paragraphs of the excerpt.

Question 27 of 36

More Protections in the Bill of Rights (1791)

These amendments are part of the Bill of Rights, ratified in 1791. Spelling follows the original.

(1) Amendment V. … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(2) Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(3) Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) Amendment X. 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.

(5) Editor's note: Jeopardy means danger; being "twice put in jeopardy" (double jeopardy) means being tried a second time for the same crime after a verdict. Bail is money paid so an accused person can leave jail while waiting for trial. Counsel means a lawyer. Delegated means handed over.

What does Amendment X (paragraph 4) suggest about the balance of power between the national government and the states?

Answer choices
Hint

Two groups of powers are described: those "delegated" to the United States and those that are not. Who holds the second group?

Question 28 of 36

Powers of the New National Government (1787)

From the U.S. Constitution, signed September 17, 1787. Spelling and capitalization follow the original.

(1) Article I, Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; …

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; …

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; …

(2) Article VI. … This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(3) Editor's note: Under the Articles of Confederation, Congress could only ask the states for money, and each state decided whether to collect it. Duties and imposts are taxes on imported goods; excises are taxes on goods made or sold at home. Commerce means trade. An appropriation is money set aside by law for a purpose. Notwithstanding means "in spite of."

Suppose a state passes a law that conflicts with a treaty the United States has made with another country. Based on Article VI (paragraph 2), what is the most likely result?

Answer choices
Hint

Find what Article VI calls treaties, and what it says judges in every state must do.

Question 29 of 36

More Protections in the Bill of Rights (1791)

These amendments are part of the Bill of Rights, ratified in 1791. Spelling follows the original.

(1) Amendment V. … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(2) Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(3) Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) Amendment X. 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.

(5) Editor's note: Jeopardy means danger; being "twice put in jeopardy" (double jeopardy) means being tried a second time for the same crime after a verdict. Bail is money paid so an accused person can leave jail while waiting for trial. Counsel means a lawyer. Delegated means handed over.

The Constitution does not mention public schools or the age at which children must start school. Several states set different rules on these questions. Which part of the excerpt best supports the states' authority to do this?

Answer choices
Hint

Is running schools a power the excerpt hands to the national government? If not, who keeps it?

Question 30 of 36

Hot spot

A document issued during the Civil War freed enslaved people only in areas that were in rebellion against the United States. A later document ended slavery everywhere in the country.

On the timeline, click the later document — the one that ended slavery throughout the entire United States.

Click on the figure to mark your answer (or focus it and use the arrow keys).

Timeline of documents in American constitutional history, in order: 1776 Declaration of Independence; 1781 Articles of Confederation; 1787 Northwest Ordinance; 1787 U.S. Constitution; 1791 Bill of Rights; 1803 Marbury v. Madison; 1863 Emancipation Proclamation; 1865 Thirteenth Amendment; 1870 Fifteenth Amendment; 1920 Nineteenth Amendment. Boxes alternate above and below the line. Documents That Shaped American Government, 1776–1920 1776 Declaration of Independence 1781 Articles of Confederation 1787 Northwest Ordinance 1787 U.S. Constitution 1791 Bill of Rights 1803 Marbury v. Madison 1863 Emancipation Proclamation 1865 Thirteenth Amendment 1870 Fifteenth Amendment 1920 Nineteenth Amendment
Hint

First identify the Civil War document described in the first sentence. Then look for the next document on the timeline that is about slavery.

Question 31 of 36

Amendments That Expanded Freedom (1865–1920)

(1) Thirteenth Amendment, Section 1 (ratified 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, or any place subject to their jurisdiction.

(2) Fifteenth Amendment, Section 1 (ratified 1870). 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 race, color, or previous condition of servitude …

(3) Nineteenth Amendment (ratified 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.

(4) Editor's note: Involuntary servitude means forced labor. Abridged means cut back or limited. After Reconstruction ended in 1877, many Southern states adopted poll taxes (fees to vote), literacy tests, and other rules. These rules did not mention race, but officials used them to keep most Black citizens from voting. The Twenty-fourth Amendment (1964) banned poll taxes in federal elections, and the Voting Rights Act of 1965 suspended literacy tests in areas with a history of discrimination.

Which conclusion about the Thirteenth Amendment is best supported by its exact wording in paragraph 1?

Answer choices
Hint

Look for a phrase that begins with "except." Exceptions limit what a law covers.

Question 32 of 36

Amendments That Expanded Freedom (1865–1920)

(1) Thirteenth Amendment, Section 1 (ratified 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, or any place subject to their jurisdiction.

(2) Fifteenth Amendment, Section 1 (ratified 1870). 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 race, color, or previous condition of servitude …

(3) Nineteenth Amendment (ratified 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.

(4) Editor's note: Involuntary servitude means forced labor. Abridged means cut back or limited. After Reconstruction ended in 1877, many Southern states adopted poll taxes (fees to vote), literacy tests, and other rules. These rules did not mention race, but officials used them to keep most Black citizens from voting. The Twenty-fourth Amendment (1964) banned poll taxes in federal elections, and the Voting Rights Act of 1965 suspended literacy tests in areas with a history of discrimination.

How is the Nineteenth Amendment (paragraph 3) related to the Fifteenth Amendment (paragraph 2)?

Answer choices
Hint

Read the two sentences side by side. Which words are the same, and which words are different?

Question 33 of 36

The Northwest Ordinance (1787)

In July 1787, while the Constitutional Convention was meeting, the Congress operating under the Articles of Confederation passed a law to govern the Northwest Territory — the land north of the Ohio River and east of the Mississippi River.

(1) Article 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent …

(2) Article 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted …

(3) Editor's note: The ordinance also set out how the territory would be divided into three to five future states. Each could join the Union on equal terms with the original states once it had 60,000 free inhabitants. Ohio, Indiana, Illinois, Michigan, and Wisconsin (plus part of Minnesota) were later formed from the territory. In the decades that followed, many Native nations were pushed off these lands through war and through treaties signed under heavy pressure. Slavery remained legal in the states and territories south of the Ohio River.

Based on Article 6 (paragraph 2) and the editor's note, which statement about the Northwest Ordinance's ban on slavery is accurate?

Answer choices
Hint

Article 6 says where the ban applies: "in the said territory." Then check the note for what was true elsewhere.

Question 34 of 36

Amendments That Expanded Freedom (1865–1920)

(1) Thirteenth Amendment, Section 1 (ratified 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, or any place subject to their jurisdiction.

(2) Fifteenth Amendment, Section 1 (ratified 1870). 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 race, color, or previous condition of servitude …

(3) Nineteenth Amendment (ratified 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.

(4) Editor's note: Involuntary servitude means forced labor. Abridged means cut back or limited. After Reconstruction ended in 1877, many Southern states adopted poll taxes (fees to vote), literacy tests, and other rules. These rules did not mention race, but officials used them to keep most Black citizens from voting. The Twenty-fourth Amendment (1964) banned poll taxes in federal elections, and the Voting Rights Act of 1965 suspended literacy tests in areas with a history of discrimination.

The Fifteenth Amendment was ratified in 1870. Based on paragraph 2 and the editor's note, why were most Black citizens in many Southern states still unable to vote in the early 1900s?

Answer choices
Hint

Compare exactly what the amendment forbids with exactly how the state rules were written.

Question 35 of 36

Who Guards the Constitution? (1788 and 1803)

Source 1 — James Madison, The Federalist No. 47, 1788

(1) The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, … or elective, may justly be pronounced the very definition of tyranny.

Source 2 — Alexander Hamilton, The Federalist No. 78, 1788

(2) … the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution … It may truly be said to have neither FORCE nor WILL, but merely judgment …

(3) … The interpretation of the laws is the proper and peculiar province of the courts. …

Source 3 — Chief Justice John Marshall, Marbury v. Madison, 1803

(4) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

(5) … an act of the legislature, repugnant to the constitution, is void. …

Note: "Province" here means area of responsibility. To "expound" means to explain. "Repugnant to" means in conflict with. In Marbury v. Madison the Supreme Court, for the first time, declared part of a law passed by Congress unconstitutional. The power of courts to do this is called judicial review.

How does Source 3 (1803) relate to the ideas in Source 2 (1788)?

Answer choices
Hint

Compare paragraph 3 (Hamilton) with paragraph 4 (Marshall). Look for a word they share.

Question 36 of 36

The Northwest Ordinance (1787)

In July 1787, while the Constitutional Convention was meeting, the Congress operating under the Articles of Confederation passed a law to govern the Northwest Territory — the land north of the Ohio River and east of the Mississippi River.

(1) Article 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent …

(2) Article 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted …

(3) Editor's note: The ordinance also set out how the territory would be divided into three to five future states. Each could join the Union on equal terms with the original states once it had 60,000 free inhabitants. Ohio, Indiana, Illinois, Michigan, and Wisconsin (plus part of Minnesota) were later formed from the territory. In the decades that followed, many Native nations were pushed off these lands through war and through treaties signed under heavy pressure. Slavery remained legal in the states and territories south of the Ohio River.

Which long-term effect of Article 6 (paragraph 2) is best supported by the passage?

Answer choices
Hint

Use two facts: what Article 6 bans in the territory, and which future states the note says came from it.