Unit 3 Constitutional Change

Unit 3 Constitutional

Change

How Has the Constitution Been Changed to Further the Ideals Contained in the Declaration of Independence

Essential Question

Lesson 15:   How Have Amendments and Judicial Review Changed the Constitution?

Lesson 16:   What Is the Role of Political Parties in the Constitutional System?

Lesson 17:   How Did the Civil War Test and Transform the American Constitutional System?

Lesson 18: How Has the Due Process Clause of the 14th Amendment Changed the Constitution?  

Lesson 19:  How Has the Equal Protection Clause of the Fourteenth Amendment Changed the Constitution?

Lesson 20: How Has the Right to Vote Been Expanded since the Adoption of the Constitution?   

Unit Overview

Since 1787, the Constitution has changed in several important ways. The Framers provided mechanisms for change, such as Amendments.

The Civil War transformed the Constitution in several ways towards ideals of equality contained in The Declaration of Independence.

In this unit, you will learn how judicial review and political parties affect American constitutionalism. Also, you will learn about the Civil War’s creation of a “2nd American Constitution” through the transformation of due process, equal protections, and expansion of voting rights.

Unit 2 Purpose

Lesson 15:How Have

Amendments and Judicial

Review Changed the Constitution?

This lesson describes the process devised for amending the Constitution and its first application, the Bill of Rights.

It also explains judicial review, and the arguments for and against this judicial power.

Purpose

Objectives Describe the two ways in which the

Constitution can be amended. Identify major categories of constitutional

amendments. Explain why Madison introduced the Bill of

Rights. Evaluate, take, and defend positions on the

amendment process and judicial review.

Amendment ◦ A change in or addition to a legal document.

Judicial Review ◦ The power of the courts to declare laws and actions

of the local and state governments or the national government invalid if they are found to contradict the U.S. Constitution.

Terms to Know

Founders recognized that society & conditions would change over time.

The Constitution is difficult to amend◦ 2/3 of Congress to Propose, ¾ of States to Amend

Over 10,000 have been introduced to Congress

Only 33 were officially proposed Of 33, only 27 ratified

How and Why the Framers Devised an Amendment Process

Bill of Rights (1791)◦ First 10 Amendments protect basic rights

and liberties Fundamental Changes

◦ 13th & 14th resulted from Civil War and resolved issues not settled at Constitutional Convention Outlawed slavery defined citizenship imposed equal protection and due process

requirements on states gave Congress more enforcement power

What Types of Amendments Have Been Adopted?

Expansion of Suffrage◦ 15th, 19th, 24th, and 26th prohibit

states from denying voting rights based on race, gender, age of persons of 18 or older, or failure to pay poll taxes

Overturning Supreme Court Decisions◦ 11th overturned improper

expansion of federal court power

◦ 16th overturned decision that prevented Congress from passing an income tax

Refinements◦ 12th requires electors to make

separate choices for president and vice president

◦ 20th shortened length of time between elections and when official take office.

◦ 22nd limits president to 2 terms◦ 25th addresses presidential

succession

Morality◦ 18th outlawed manufacture, sale, and transport of alcohol (Prohibition)◦ 21st repeals the 18th

Many states and prominent figures argued for specific protections and listed rights

Madison followed through on his promise to immediately add amendments (bill of rights) in first session of Congress

Why a Bill of Rights was Proposed

Marbury v. Madison (1803)◦ Chief Justice John Marshall

concludes that judges have the power to decide whether acts of Congress, the executive branch, state laws, and even State Constitutions violate the US Constitution

◦ Supreme Court justices have the final say about the meaning of the Constitution

◦ This power to declare what the Constitution means and whether government actions violate the Constitution is know as JUDICIAL REVIEW

The Development of Judicial Review

No mention of judicial review in Constitution

However, founders assumed this power would be developed (Practice has roots in English Law)

Marshall asserted that it is the “duty of the judicial department to say what law is.”

Controversy Over Judicial Review

1. The Constitution is a superior, paramount law that cannot be changed by ordinary means.

2. Acts of Congress, the Executive, and the States reflect temporary, fleeting views of what law is.

3. Acts of Congress, the Executive, and the States that conflict with the Constitution are not entitled to enforcement and must be disregarded.

4. Judges are in the best position to declare what the Constitution means.

Premises of Judicial Review

Popular Sovereignty is represented in the Legislatures. Judicial Review disregards sovereignty of the people.

Judicial Review could lead to political turmoil if other branches or states to not follow the courts’ interpretations.

Judicial Review makes judiciary equal or even superior to legislatures, even though judges are not elected

All government officials take oath to consider constitutionality of their actions

Judges errors in interpretation cannot be corrected through voting, but only through amendments

Arguments Against Judicial Review

Lesson 16:What Is the Role of Political Parties in the Constitutional System?

Shortly after the government was established, to the Framers’ dismay, political parties formed.

This lesson describes the Framers’ views on political parties and how they first formed.

It also explains how parties became and essential component of the American political system by addressing challenges that the Constitution left unresolved.

Purpose

Objectives Explain why the Framers opposed the idea

of political parties. Describe the other ideas that helped

political parties gain acceptance. Explain the conflicting points of view that

led to the development of parties and the roles they have played in history.

Evaluate, take, and defend positions on the importance of political parties today.

delegated powers ◦ According to the natural rights philosophy, people always retain their basic rights, but

provisionally entrust or assign certain powers to their government for certain, limited purposes. The powers of government are therefore "delegated powers" in that they are granted by the people, and the people can take them back if government fails to fulfill its purposes.

party system ◦ A concept in political science that political parties control government.

platform ◦ List of the policies and priorities of a political party; also known as a manifesto.◦

political party ◦ An organization seeking to achieve political power by electing members to public office so that

its political philosophy is reflected in public policy.

sedition ◦ Incitement to rebellion.

ticket ◦ The choice of candidates of a political party for president and vice president.

Terms to Know

Madison argues that Constitution would control “evil” effects of factions

Some (Burke) consider parties necessary to express open opposition to gov’t policies

Most American leaders oppose Burke, but many agree that they can “promote deliberation” and “check excesses in the majority”

Delegates had no true experience with an established party system.

The Framers’ Thoughts on Political Parties

Ironically, Madison and Hamilton become opposing leaders of political parties w/in 10 yrs of ratification

Issue that led to party division: 1. Power of National Government

◦ Hamilton – National Gov’t should address any national issue, mentioned in Constitution or not

◦ Jefferson – Feared vague national powers and “energetic” use of authority

The Development of Political Parties

2. Economic Vision ◦ Hamilton – National bank “necessary,” ex. Collect

taxes, regulate trade ◦ Jefferson – Believed in agrarian society, congress

should only act if absolutely and indispensably necessary

3. Foreign Policy ◦ Jefferson – supported France in Napoleonic wars,

helped us during Rev. W/ Madison helps create Republican party.

◦ Hamilton – supported GB, more trade and cultural connection. Develops into Federalist party. ◦ Neither side accepted other as a long-term, durable “loyal opposition”

Adams signs acts that gave him power to deport “dangerous” foreigners and criminalize “seditious” language

Republicans (Jeff., Mad.) outraged at censorship, respond with KY and VA Resolutions (state need not comply w/ acts of Congress)

Mobilized Republicans for election of 1800.

4. Alien & Sedition Acts

First election to feature candidates from political parties (Fed.–Adams, Repub.-Jeff)

Repub. victory symbolized first transfer of power through election rather than heredity / violence

The Revolution of 1800 and its Aftermath

However, exposed problem in Constitution ◦ Jeff & Burr tie, electors could not specify which

would be president. House had to decide. 12th Amendment

◦ Vote for Pres. & VP on same ballot Jefferson opposed permanent political parties

and thought Federalists ideals would fade away

By 1820s, positive vision of parties emerged

Van Buren touts parties with clear principles and offer a clear choice◦ Parties are “glue” that holds

federal system / checks and balances together.

◦ Helped president work w/ Congress

◦ Bridged great distances between Washington & people

Political Party Growth and Functions

Patronage enabled president to build connections across levels of gov’t

Elaborate entertainments boost support and give members sense of belonging.

Unlike Jeff / Hamilton, Van Buren felt competing notions of common good could coexist. ◦ Those out of power would hold them

accountable / additional check and balance

Democrats and Republicans have dominated since 1860s

Purposes of political parties today ◦ Mobilize participation◦ Connect Executive and Legislative branches ◦ Connect national & state governments ◦ Creation and promotion of party platforms◦ Provide forums to deliberate about public policies /

help organize & channel passions & interests◦ Provides stability ◦ Ensures change in gov’t, not Constitution

Political Parties Today

Mutes truly alternative views Minor parties generally small, narrow

interests. Little to no chance of competing nationally.

If single set of interest gains dominant power w/in a party, threat of majority tyranny.

Less Favorable Aspects…