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.

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• Prohibition – only amendment to be repealed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