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to be repealed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-interpreting
5. checks and balances – each branch is
restrained by the others
examples:
Congress can remove judges through
impeachment
Congress can override a presidential
veto
checks and balances continued…
President can veto legislation
President appoints Supreme Court justices (&
other federal judges)
Supreme Court can declare Presidential acts
unconstitutional
Supreme 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 Constitution
1.
2.
3.
4.
5.
passage of basic legislation by Congress
executive agreement – pact made by the president
with head of another nation
Court decisions – Woodrow Wilson said, “… a
constitutional convention in continuous session.”
party practices – G. Washington warned against
parties; no mention of parties in Constitution
custom –
a.
b.
c.
Cabinet officials – not mentioned in Constitution
succession to the President – not mentioned in Constitution
prior to 25th Amendment
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