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CONSTITUTION NOTES
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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
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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
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17th Amendment direct election of Senators – previously Senators had been chosen by state legislators
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18th Amendment Prohibition – only amendment to be repealed
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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
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7 basic principles included in the Constitution:
popular sovereignty – notion that people are the only legitimate source of power representative government – people elect representatives to make political decisions limited government – rule of law; gov’t may do only what citizens allow
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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
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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
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Amending the Constitution
formal changes happen 4 ways (changing written words): 2/3 vote in each House + ¾ state legislatures (used most often 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
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Informal ways – without changing any of the written words; is the key to vitality of the Constitution 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 – Cabinet officials – not mentioned in Constitution succession to the President – not mentioned in Constitution prior to 25th Amendment limited terms prior to 22nd Amendment
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The one restriction the Constitution places on the subjects with which proposed amendments may deal…
Nothing may change equal representation in the Senate.
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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
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