Chapter 7 Our Enduring Constitution

Section 1 Changing the Law of the Land Since the Bill of Rights were added to the Constitution, there have been 17 other amendments Many of these amendments extend certain rights that were not given to blacks, women, and others following the Revolutionary War

A Failing Constitution The Constitution would have probably failed if there had been no compromise over slavery The slave trade compromise said that Congress could ban the slave trade no earlier than 1808 The 3/5’s Compromise allowed for slaves to be counted as 3/5’s of the population for census purposes

Slavery As new states joined the Union the question of whether they would be admitted as free or slave states arose The Missouri Compromise of 1820 stated that territories above the 36°30’ parallel line would be admitted as a free state and territories below would be slave states Congress also decided that people in the territories themselves would vote whether or not to allow slavery- popular sovereignty

African Americans and the Right to Vote Although legally free, blacks were still denied full citizenship by both Northern and Southern states Many states did not allow blacks to vote In most states, only citizens could vote

African Americans and the Right to Vote The 14th amendment stated that anyone born or naturalized in the US was a citizen If an African American was born or naturalized in the US, they were a citizen. It also gives Due process under the law to all people

15th Amendment In 1870, black males received the right to vote following the passage of the 15th amendment Despite the 15th Amendment, some states still found ways to disenfranchise voters With the use of a poll tax, Southern states could ensure that blacks, who were often to poor to pay the tax, could not vote After years of civil disobedience- refusing to do something peaceful to make a point (Martin Luther King), the 24th Amendment (1964) was passed outlawing the use of a poll tax.

The Civil War Amendments

Women and the Right to Vote Women received the right to vote following the passage of the 19th Amendment that extended suffrage to them It was ratified in 1920

Youth and the Right to Vote Many young people were disheartened that they could be drafted, fight in a war, and be killed for a country and not be old enough to vote for who was sending them into action In the midst of the Vietnam War Congress passed an act that lowered the voting age to 18

Youth and the Right to Vote Declared unconstitutional by the Court, Congress proposed an amendment that would lower the voting age The 26th amendment was passed in 1971

Other Amendments 12th- president and vice presidents would be elected on separate ballots 16th- levied an income tax 17th- direct election of Senators 18th- prohibition…. Alcohol sale and distribution were outlawed You can’t drink when you're 18 (prohibition) 20th- inauguration of the president moved to January 21st- repealed the 18th amendment, alcohol legal You can when you’re 21 (repealed prohibition)

22nd- two-term limit for the president TWO TWO two term 23rd- D.C. voters given the right to vote in presidential elections 25th- presidential succession… who would be president if the president and vice president died 27th- congressional pay raises… Congress cannot give itself a raise until after the new session

Section 2 A Flexible Framework The Role of the Supreme Court The Supreme Court has the final say so over whether a law violates the Constitution Judicial Review is the power to determine if a law is in violation of the Constitution, the Supreme Court received this power in the court case of Marbury v. Madison

A court decision can be overturned by a new law from the legislature, or by the court themselves in future rulings The 14th Amendment’s equal protection clause has been interpreted differently by different Courts

Equality and Affirmative Action Starting in the 1960, affirmative action laws were passed to make up for past discrimination against women and minorities These laws would correct the hiring practices of some jobs and admissions in colleges Some say that affirmative action is actually discrimination against white males