CONSTITUTION NOTES

First, the basics…7 Articles (that’s the big ideas)

27 Amendments (things that have changed over the years)

• any addition to the Constitution is called an amendment

• the 1st 10 amendments are called the Bill of Rights

A few notable amendments:

• Civil War amendments:– 13th : prohibited

slavery– 14th: gave citizenship

to African-Americans (also due process, equal protection clauses)

– 15th – gave African American males the right to vote

17th Amendment

• direct election of Senators – previously Senators had been chosen by state legislators

18th Amendment

• Prohibition – only amendment to be repealed

Extension of voting rights – note the groups that were not included in the

original Constitution

• 15th – gave African American males the right to vote

• 19th – gave women the right to vote

• 26th – gave 18 yr. olds the right to vote

7 basic principles included in the Constitution:

1. popular sovereignty – notion that people are the only legitimate source of power

2. representative government – people elect representatives to make political decisions

3. limited government – rule of law; gov’t may do only what citizens allow

4. separation of powers • executive – President – law-executing• legislative – Congress – law-making• judicial – courts – law-interpreting5. checks and balances – each branch

is restrained by the othersexamples: Congress can remove judges through impeachmentCongress can override a presidential veto

checks and balances continued…President can veto legislationPresident appoints Supreme Court justices (& other federal judges)Supreme Court can declare Presidential acts unconstitutionalSupreme Court can declare acts of Congress unconstitutional

6. judicial review – courts have power to declare any gov’t action unconstitutional

7. federalism – division of authority between states and national gov’t

Amending the Constitution

formal changes happen 4 ways (changing written words):1. 2/3 vote in each

House + ¾ state legislatures (used most often

2. proposed by Congress + ¾ state legislatures (only used once)

3. national convention, called by Congress, requested by 2/3 states (never used)

4. proposed by national convention, ratified by ¾ state conventions

Informal ways – without changing any of the written words; is the key to

vitality of the Constitution1. passage of basic legislation by Congress2. executive agreement – pact made by the

president with head of another nation3. Court decisions – Woodrow Wilson said, “… a

constitutional convention in continuous session.”4. party practices – G. Washington warned against

parties; no mention of parties in Constitution5. custom –

a. Cabinet officials – not mentioned in Constitutionb. succession to the President – not mentioned in

Constitution prior to 25th Amendmentc. limited terms prior to 22nd Amendment

The one restriction the Constitution places on the subjects with which

proposed amendments may deal…

• Nothing may change equal representation in the Senate.

How many resolutions calling for amendments have been sent to the States, and how many have been

finally ratified?

• 33 sent • 27 ratified

• Term to remember:extradition: to

return fugitives from the law across state lines