Claim-Evidence Writing
Learn
This lesson teaches you how to write claim-evidence responses about constitutional topics. You will learn to use constitutional text, the Federalist Papers, and historical examples as evidence.
Using Constitutional Evidence
- Direct Quotes: Cite specific language from the Constitution
- Founding Documents: Reference the Federalist Papers and other primary sources
- Historical Examples: Use Supreme Court cases or historical events
- Structural Arguments: Point to how the government is organized
Types of Constitutional Claims
- Interpretive Claims: What does a constitutional provision mean?
- Evaluative Claims: How well does a principle work in practice?
- Historical Claims: Why did the Founders make certain choices?
- Comparative Claims: How do different constitutional systems compare?
Citing Constitutional Sources
When writing about the Constitution:
- Reference specific articles, sections, and clauses
- Name the amendment number when citing the Bill of Rights
- Identify the author when citing Federalist Papers
- Include dates for historical events and cases
Examples
Study these examples of constitutional claim-evidence writing.
Example 1: Separation of Powers
Question: How effective is the system of checks and balances?
Strong CER Response:
Claim: The system of checks and balances has proven effective at preventing tyranny, though it can create governmental gridlock.
Evidence: In Federalist No. 51, Madison argued that "ambition must be made to counteract ambition" - each branch must have the means to defend itself against the others. This principle was tested in 1974 when the Supreme Court in United States v. Nixon unanimously ruled that President Nixon must release the Watergate tapes, demonstrating judicial check on executive power.
Reasoning: Nixon's compliance with the Court's ruling shows that even the President is subject to constitutional limits. However, the system's requirement that branches cooperate can also lead to standoffs, as seen in government shutdowns when Congress and the President disagree on budgets.
Example 2: Federalism
Question: Did the Constitution strike the right balance between state and federal power?
Strong CER Response:
Claim: The Constitution's federal system created a workable compromise, but the balance has shifted significantly toward national power over time.
Evidence: The original Constitution enumerated limited federal powers in Article I, Section 8, with the 10th Amendment reserving remaining powers to states. However, the Supreme Court's interpretation of the Commerce Clause has expanded federal authority dramatically. In Wickard v. Filburn (1942), the Court ruled that Congress could regulate a farmer's wheat grown for personal use because it affected interstate commerce.
Reasoning: This evolution shows that while the Constitution established federalism, judicial interpretation has allowed the federal government to expand far beyond what Anti-Federalists feared, demonstrating that constitutional meaning changes through interpretation, not just amendments.
Practice
Practice writing claim-evidence responses for these constitutional prompts.
Practice 1
Prompt: Was the Bill of Rights necessary, or were the Federalists correct that it was redundant?
Write a CER response using evidence from the Federalist/Anti-Federalist debate and examples of how the Bill of Rights has been applied.
Practice 2
Prompt: How well does the Electoral College fulfill its intended purpose?
Write a CER response considering both the original design and modern criticisms.
Practice 3
Prompt: Should the Constitution be easier or harder to amend?
Write a CER response using Article V and historical examples of amendments passed or failed.
Check Your Understanding
Test yourself with these 10 quiz questions. Click each question to reveal the answer.
1. What types of evidence can you use to support claims about the Constitution?
Answer: You can use direct quotes from the Constitution, citations from the Federalist Papers or other founding documents, Supreme Court cases, historical examples, and structural arguments about how the government is organized.
2. How should you cite a specific part of the Constitution in your writing?
Answer: Reference the specific Article, Section, and Clause (e.g., "Article I, Section 8, Clause 3 - the Commerce Clause") or the Amendment number (e.g., "the First Amendment"). Be specific so readers can locate the text.
3. What is an interpretive claim about the Constitution?
Answer: An interpretive claim argues what a constitutional provision means or how it should be applied. For example: "The 'necessary and proper' clause was intended to give Congress flexibility, not unlimited power."
4. Why are Supreme Court cases useful as evidence in constitutional writing?
Answer: Supreme Court cases show how constitutional principles have been applied to real situations. They provide authoritative interpretations of constitutional text and demonstrate how abstract principles work in practice.
5. How do you properly cite a Federalist Paper?
Answer: Include the paper number and author, such as "In Federalist No. 10, Madison argued..." or "Hamilton wrote in Federalist No. 78 that..." The Federalist Papers are numbered 1-85.
6. What makes a constitutional claim "arguable"?
Answer: An arguable claim is one that reasonable people could disagree about. Statements like "The Constitution has seven articles" are facts, not arguable claims. But "The Constitution's amendment process is too difficult" is arguable because people can disagree about what "too difficult" means.
7. How can you use historical context as evidence?
Answer: Historical context explains why the Founders made certain choices. For example, to argue why the Constitution includes impeachment, you could discuss how colonial experience with King George III showed the need to remove corrupt officials.
8. What is the difference between quoting and paraphrasing constitutional text?
Answer: Quoting uses the exact words from the Constitution in quotation marks. Paraphrasing restates the meaning in your own words. Both require identifying the source. Direct quotes are stronger for precise language; paraphrasing is useful for explaining complex provisions.
9. How does the reasoning portion connect evidence to the claim in constitutional writing?
Answer: The reasoning explains why your evidence proves your claim. It answers "so what?" - why does this Supreme Court case or this constitutional text matter? It shows the logical connection between the specific evidence and your broader argument.
10. How does constitutional claim-evidence writing prepare you for SAT/ACT reading sections?
Answer: SAT and ACT passages often involve constitutional topics, founding documents, and arguments about government. Practice with constitutional writing helps you recognize argument structures, evaluate evidence, and understand how authors use historical and legal sources to support claims.
Next Steps
- Practice writing CER responses about constitutional topics
- Review your responses for proper citation of sources
- Complete the Unit Checkpoint to assess your mastery