The Evolution of the Constitution

• Benchmark: Analyze the evolution of the Constitution through post-Reconstruction amendments and Supreme Court decisions.

• Judicial Review• Constitutional Amendments

• When the Framers drafted the Constitution, they included the means to change it in order to adapt to new circumstances. The Constitution can be changed by adding amendments, a difficult process that requires the approval of two-thirds of the House and the Senate and three-fourths of the states. When it decides cases, the Supreme Court, depending on the views of its nine justices, can reinterpret the Constitution. This benchmark asks students to analyze the ways the US Constitution has changed over time as the result of amendments and Supreme Court rulings. Specifically, it refers to three court cases--Plessy v. Ferguson, Brown v. Board of Education of Topeka, Kansas and Regents of the University of California v. Bakke--and two amendments--the 19th, which gave women the right to vote, and the 26th, which lowered the voting age to 18. Questions on the OGT will refer to these cases and amendments, focusing on how they helped the Constitution evolve and change.

I. Judicial Review

A. 1787: Framers came up with checks and balance system1. 3 branches of gov. check each other2. No branch would become too powerful

Judicial Review 3:46

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• B. One judicial branch check on other 2 = Judicial Review– 1. Courts (esp. Supreme Court) determine whether laws and actions are constitutional or not

– 2. If majority of justices agree, the Supreme Court has the power to strike down any law passed by Congress and signed by the President

• 3. Most of the time--courts uphold the law

• 4. 150 times--they have ruled a law unconstitutional

• 5. This gives the Supreme Court power to change the Constitution

• 6. *Thus, the Constitution evolves over time!

Controversy Behind Judicial Review 3:01

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B. Post-Civil War Amendments

• 1. Three amendments passed to correct the issue of slavery– A. 13th Amendment (1865): abolished slavery

– B. 14th Amendment (1868): anyone born in the US is a citizen and guaranteed due process and equal protection of the laws to all people

– C. 15th Amendment (1870): no one could be denied the right to vote because of race, color, previous enslavement

13th, 14th and 15 Amendments 1:44

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C. Jim Crow Laws• 1. Passed in the South after 13th, 14th, and 15 amendments

• 2. Designed to keep the South segregated– Examples:

• A. Separate facilities for blacks and whites (schools, restaurants, train and bus stations, hospitals, parks, and drinking fountains)

• B. Poll taxes--keep poor (esp. African-Americans) from voting

• C. Literacy tests--keep those who could not read from voting

D. Homer Plessy Challenges Jim Crow

• 1. Louisiana law: separate railroad cars for whites and blacks

• 2. Homer Plessy (7/8 white and 1/8 black) sits on the white car

• 3. He is arrested• 4. Judge John Ferguson finds him guilty

• 5. Plessy appeals to Louisiana Supreme court--they still say he’s guilty

• 6. Plessy appeals to US Supreme Court--says this is against 13th and 14th amendments

E. Plessy v. Ferguson• 1. Supreme Court uphold decision (8-1 vote)• 2. Allows for segregation if facilities are “separate but equal”

• 3. This decision set a legal precedent (an example to be followed in future cases)

• 4. Because of decision, many other things segregated: school, hospitals, restaurants, etc.

• 5. This decision lessened the rights of minorities

• 6. Racial segregation became legal for the next 6 decades

F. Justice Harlan’s Dissent in Plessy

• 1. 1 justice (John Marshall Harlan) dissented (disagreed) with the majority

• 2. He wrote: “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.”

Short Answer

• How did the Plessy decision affect African Americans?

G. Brown Case

• 1. 1954: Plessy decision would finally be overturned

• 2. Because of Plessy, most school is South were segregated

• 3. Supposed to be “separate but equal” but most were not

H. Linda Brown: Challenge to School

Segregation• 1. Linda Brown – A. African-American student– B. White school near her home– C. Had to walk over 1 mile to get to her school– D. Tried to enroll in white school– E. Not allowed– F. Went to court in Kansas– G. Arguments: Brown says segregated schools are unfair; state says the segregated school are fine

– H. Judges agreed with Brown, but decision went against her because of the precedent set in Plessy.

• 2. Brown appeals to Supreme Court– A. Dec. 1954: Court announces its unanimous decision

– B. “Separate but equal” is overturned!– C. *The Supreme Court changed the understanding of the Constitution by using judicial review!!!!!

– D. This decision protected rights of African-Americans and minorities

– E. Schools did NOT segregate right away– F. Took 20 years for schools to start desegregating

Brown Case 3:08

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I. Bakke case• 1. Allan Bakke applied for admission into U. Of California Medical School

• 2. He was denied• 3. Why? 16 slots reserved for minorities--quota system

• 4. Bakke’s scores were better than all 16 minority students who were admitted

• 5. Bakke sued--claims he is victim of reverse discrimination

• 6. Decision: quota systems could be used, AS LONG AS RACE WAS NOT THE ONLY CRITERION!!

• 7. Bakke allowed to be admitted

II. Constitutional Amendments

• The Constitution changes by being amended• Very difficult and unusual for an amendment (only 27 amendments)

• How is the Constitution amended?– A. Two ways to propose an amendment

• 2/3 vote of both houses of Congress• National convention called by Congress at the request of 2/3 of the states

– B. Two ways to ratify (pass) the proposal• Legislatures in 3/4 of the states pass it• Each state holds a ratifying convention and 3/4 vote in favor of the proposal

A. Women Seek the Right to Vote

• 1. After Civil War (1860’s), women wanted began to fight for right to vote

• 2. By 1911: 6 states allowed women to vote

• 3. Women wanted a Constitutional amendment!

B. Suffragette Movement

• 1. Suffrage: the right to vote• 2. Women continued to fight for an amendment during WWI.

• 3. *1920: 19th Amendment passed. “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.”

• WOMEN COULD NOW VOTE!!!!!!!!!!!!

Short Answer

• What effect did the 19th Amendment have on the United States?

C. Calls to Lower the Voting age to 18

• 1. Vietnam war played important role– A. Many under 18 were going to war and getting killed

• 2. 26th amendment– A. Passed in 1971– B. Allowed 18 year olds to vote

• *Both the 19th and 26th amendments expanded a basic right of citizenship to more people--THAT IS THE RIGHT TO VOTE!!!!!!!!!!!!!!!!!!

• *Both are great examples of how the Constitution evolves to meet the needs of new generations of citizens!

Short Answer

• In what way was the 26th Amendment similar to the 19th Amendment?

OGT Multiple ChoiceWhich court case said that “separate

but equal” was OK?

A. Plessy v. FergusonB. Brown v. Board of Education of

Topeka, KansasC. Regents of the University of

California v. BakkeD. Roe v. Wade

OGT Multiple ChoiceWhich court case struck down “separate

but equal” and was an end to racial segregation in the South?

A. Plessy v. FergusonB. Brown v. Board of Education of

Topeka, KansasC. Regents of the University of

California v. BakkeD. Roe v. Wade

OGT Multiple ChoiceWhich court case allowed for a quota

system, as long as race is not the only criterion used to fill the quota?

A. Plessy v. FergusonB. Brown v. Board of Education of Topeka,

KansasC. Regents of the University of

California v. BakkeD. Roe v. Wade

OGT Multiple ChoiceWhich amendment gave women the

right to vote in 1920?

A. 19th AmendmentB. 26th AmendmentC. 18th AmendmentD. 21st Amendment

OGT Multiple ChoiceWhich amendment gave 18 year olds

the right to vote in 1971?

A. 19th AmendmentB. 26th AmendmentC. 18th AmendmentD. 21st Amendment

OGT Multiple ChoiceWhich is NOT an example of a Jim

Crow law?

A. Poll taxesB. Literacy tests C. Separate schools for whites and

blacksD. Integrated railroad cars

OGT Multiple Choice• In Brown vs. Board of Education, the

Supreme Court held that• A. the states, not the federal

government, have to deal with civil rights

• B. racially separate facilities do not violate the 14th Amendment

• C. racial segregation in public schools is unconstitutional

• D. racial separate facilities damage the education of white children

OGT Multiple Choice• (Practice Test Booklet 2005) The

Brown v. Board of Education decision in 1954 did which of the following:

• A. Struck down the principal of “separate but equal” in schools

• B. Provided for segregated school based on race

• C. Supported the Plessy v. Ferguson decision of 1896

• D. Supported the principal of “separate but equal” in schools

OGT Multiple Choice• (Practice Test Booklet 2005)

The Supreme Court decision in Plessy v. Ferguson in 1896 established the principal of

• A. one man, one vote• B. separate but equal• C. runaway slaves were property• D. desegregation in schools

OGT Multiple Choice• Which of the following

amendments abolished slavery in 1865? – A. 13th Amendment – B. 14th Amendment– C. 15th Amendment– D. 16th Amendment

OGT Multiple Choice• Which of the following

amendments made anyone born in the US a citizen and guaranteed them due process and equal protection of the law in 1868? – A. 13th Amendment– B. 14th Amendment – C. 15th Amendment– D. 16th Amendment

OGT Multiple Choice• Which of the following

amendments said no one could be denied the right to vote because of race, color, or previous enslavement in 1870? – A. 13th Amendment– B. 14th Amendment– C. 15th Amendment – D. 16th Amendment

• Actions taken by organizations such as those shown in the photo above helped bring about

• A. the decision in Plessy v. Ferguson.

• B. the decision in Brown v. Board of Education.

• C. the. 19th Amendment to the U.S. Constitution

• D. the 26th Amendment to the U.S. Constitution.

•Actions such as those shown in the picture above helped bring about

•A. the decision in Plessy v. Ferguson .

•B. the decision in Brown v. Board of Education.

•C. the 19th Amendment.•D. the 26th Amendment

• (OGT Test, 2007) One way the U.S. Constitution evolves is through the amendment process. How were the changes that occurred as a result of the ratification of the 19th and 26th Amendments similar?

• A. Large groups of people gained the right to vote.

• B. The right of individuals to bear arms was restricted.

• C. The powers of the federal government were expanded.

• D. The separation of church and state was more clearly defined.

OGT Multiple Choice

• (OGT Test, 2008) Minority students in public schools were given constitutional guarantees to equal educational opportunities as a result of the

• A. decision in Brown v. Board of Education.

• B. ratification of the 26th amendment.• C. ratification of the 19th amendment.• D. decision in Plessy v. Ferguson.

OGT Multiple Choice

OGT Extended Response

Explain the difference between the decision made in Plessy v. Ferguson (1898) and the decision made in Brown v. Board of Education (1954). What are some reasons why the decision made in Plessy was reversed in Brown. (Does this prove that the U.S. Constitution is a living document? How?) (4 pts)

OGT Short Answer

What is judicial review and how does this allow the Supreme Court to change the Constitution?

OGT Extended Response

What was the decision made in the Bakke case? (1 point) Do you agree with this decision? (1 point) Why or why not? (2 points).