4.2 Evolution of the Constitution Study Guide
Learning Target 7. Select an example of how constitutional government in the United States has changed the meaning and application of any one of the basic principles that help define the government of the United States and summarize the nature of the change.
The operations of government in the United States take place within a framework provided by the U.S. Constitution. However, the U.S. Constitution has been amended, interpreted, supplemented and implemented in a variety of ways. The alternative processes for formally amending the U.S. Constitution are outlined in Article V of the document. Constitutional amendments have added to, modified, replaced and/or made inoperable provisions of the original document and previous amendments.
The U.S. Supreme Court, in deciding cases brought before it, has frequently interpreted provisions of the U.S. Constitution to clarify and extend their meaning. With its power of judicial review, the Supreme Court has also declared actions of the political branches and of the states to be unconstitutional.
The U.S. Congress, in enacting legislation, has provided details which build upon the framework of the Constitution. For example, civil rights acts and voting rights acts have provided specific directions in furtherance of constitutional principles.
Informal practices also have changed how constitutional government has been implemented in the United States. These practices are related to provisions in the Constitution, but venture into areas not specifically addressed in the Constitution. For example, legislative oversight of the executive branch grew in part out of Congress’ need for information to help draft new legislation.
The U.S. Supreme Court, in deciding cases brought before it, has frequently interpreted provisions of the U.S. Constitution to clarify and extend their meaning. With its power of judicial review, the Supreme Court has also declared actions of the political branches and of the states to be unconstitutional.
The U.S. Congress, in enacting legislation, has provided details which build upon the framework of the Constitution. For example, civil rights acts and voting rights acts have provided specific directions in furtherance of constitutional principles.
Informal practices also have changed how constitutional government has been implemented in the United States. These practices are related to provisions in the Constitution, but venture into areas not specifically addressed in the Constitution. For example, legislative oversight of the executive branch grew in part out of Congress’ need for information to help draft new legislation.
Learning Target 9. Summarize how the 13th through 15th Amendments addressed the aftermath of slavery and the Civil War.
The conflict over slavery was a primary cause of the American Civil War. As the war came to a close, plans to “reconstruct” the rebellious states were instituted. The 13th Amendment, which abolished slavery, was not part of President Lincoln’s original plan to readmit former Confederate states to Congress. Ratification of the 13th Amendment became a requirement under President Johnson’s Reconstruction plan.
Once Southern state efforts to curtail the rights of freedmen became known, two further amendments were proposed. Ratification of these amendments became a requirement under the congressional plan of Reconstruction. The 14th Amendment defined what persons were citizens of the United States and offered protection from state infringements on citizens’ rights. It also revised the means for determining representation in the House of Representatives and included punishments for former Confederates and their states. The 15th Amendment extended the right to vote to citizens regardless of race, color or previous condition of servitude.
Once Southern state efforts to curtail the rights of freedmen became known, two further amendments were proposed. Ratification of these amendments became a requirement under the congressional plan of Reconstruction. The 14th Amendment defined what persons were citizens of the United States and offered protection from state infringements on citizens’ rights. It also revised the means for determining representation in the House of Representatives and included punishments for former Confederates and their states. The 15th Amendment extended the right to vote to citizens regardless of race, color or previous condition of servitude.
Learning Target 10. Summarize how the 16th through 19th Amendments addressed the calls for reform during the Progressive Era.
The Progressive Era was a time of political, economic, and social reform in response to problems which emerged throughout the United States in the late 1800s. Progressive reforms began at the local level and gradually spread to the national level, including four constitutional amendments. These amendments addressed issues related to taxation, representation in Congress, alcohol use and suffrage.
Concerns over the usage of tariffs by the federal government and distribution of wealth in the country had been raised by the Populist Party. Progressives took up the call for reform and the 16th Amendment was passed to allow for a federal income tax.
Critics of state politics viewed political party bosses and business leaders as having too much influence on state legislatures and their selection of senators. Amendment 17 provides for the direct election of senators by the people.
Proponents of prohibition had for decades linked alcohol use to problems such as poverty and the destruction of family life. Efforts to ban the use of alcoholic beverages led to passage of the 18th Amendment.
Another longstanding reform effort was focused on obtaining the right to vote for women. The 19th Amendment ended the denial of suffrage based upon the sex of a citizen.
Concerns over the usage of tariffs by the federal government and distribution of wealth in the country had been raised by the Populist Party. Progressives took up the call for reform and the 16th Amendment was passed to allow for a federal income tax.
Critics of state politics viewed political party bosses and business leaders as having too much influence on state legislatures and their selection of senators. Amendment 17 provides for the direct election of senators by the people.
Proponents of prohibition had for decades linked alcohol use to problems such as poverty and the destruction of family life. Efforts to ban the use of alcoholic beverages led to passage of the 18th Amendment.
Another longstanding reform effort was focused on obtaining the right to vote for women. The 19th Amendment ended the denial of suffrage based upon the sex of a citizen.
Learning Target 11. Cite evidence to show that the Constitution of the United States has been repeatedly amended to extend suffrage to disenfranchised groups.
A recurring theme in amending the Constitution of the United States has been the extension of voting rights to more citizens. Over time, the
fundamental democratic practice of voting has been made possible for different groups of people.
fundamental democratic practice of voting has been made possible for different groups of people.
- Amendment 15 prohibits the denial of suffrage to people because of race, color or previous condition of servitude.
- Amendment 19 prohibits the denial of suffrage on account of sex.
- Amendment 24 prohibits the use of poll taxes in federal elections. Poll taxes disenfranchised the poor and were also used as Jim Crow legislation to deny the right to vote to African Americans.
- Finally, as a result of many young men being drafted to fight in the Vietnam War, but not being able to vote, Amendment 26 extends the right to vote to citizens who are 18 years of age or older.
Learning Target 12. Explain the historical circumstances surrounding the adoption of constitutional amendments pertaining to presidential election, terms and succession.
Constitutional provisions related to the executive branch of the federal government have been frequent subjects for amendment. The amendments have responded to events impacting presidential elections, terms and succession.
Amendment 12 altered the procedures of the Electoral College. The change allowed separate balloting for president and vice president to avoid a tie in electoral votes, as happened in the election of 1800.
The main provisions of Amendment 20 shortened the time between elections and when presidents and members of Congress take office. These changes reflected the improvements in transportation which allowed for easier travel to Washington and also reflected the desire to avoid “lame duck” periods in the transition from one administration or session to another.
Amendment 22 imposed a two-term limit on presidential terms. This amendment was passed following the four-term presidency of Franklin Roosevelt to institutionalize the two-term tradition established by George Washington.
Amendment 23 provided electors for the District of Columbia. The Electoral College was originally based upon electors representing states. As the population of the District of Columbia grew, it was decided that the residents there deserved to have the opportunity to vote for electors in presidential elections.
Presidential succession and disability were addressed by Amendment 25. Lyndon B. Johnson, who had a history of heart problems, took office following the assassination of John F. Kennedy. As with other presidential successions, this left the office of the vice president vacant. The 25th Amendment clarified that a successor to the presidency was designated as President of the United States and included provisions for filling the office of Vice President. It also outlined procedures to be used in case of presidential disability.
Amendment 12 altered the procedures of the Electoral College. The change allowed separate balloting for president and vice president to avoid a tie in electoral votes, as happened in the election of 1800.
The main provisions of Amendment 20 shortened the time between elections and when presidents and members of Congress take office. These changes reflected the improvements in transportation which allowed for easier travel to Washington and also reflected the desire to avoid “lame duck” periods in the transition from one administration or session to another.
Amendment 22 imposed a two-term limit on presidential terms. This amendment was passed following the four-term presidency of Franklin Roosevelt to institutionalize the two-term tradition established by George Washington.
Amendment 23 provided electors for the District of Columbia. The Electoral College was originally based upon electors representing states. As the population of the District of Columbia grew, it was decided that the residents there deserved to have the opportunity to vote for electors in presidential elections.
Presidential succession and disability were addressed by Amendment 25. Lyndon B. Johnson, who had a history of heart problems, took office following the assassination of John F. Kennedy. As with other presidential successions, this left the office of the vice president vacant. The 25th Amendment clarified that a successor to the presidency was designated as President of the United States and included provisions for filling the office of Vice President. It also outlined procedures to be used in case of presidential disability.
Learning Target 13. Describe the unique circumstances surrounding the adoption of Amendments 11, 21 and 27.
Three amendments to the United States Constitution have come about due to particularly unique circumstances. One amendment addresses judicial power and another repeals a previous amendment. The most recent amendment took more than 200 years to be ratified.
The 11th Amendment was proposed in 1794, one year after the Supreme Court ruled in Chisholm v. Georgia (1793) that a lawsuit involving a state being sued by a citizen from another state could be heard in a federal court. Concerns over the extent of federal power led to the passage of this amendment, which limits the jurisdiction of the federal courts in cases of this type. The amendment repeals a portion of Article III, section 2, clause 1 of the Constitution.
Congress enacted the Volstead Act to implement the provisions of the 18th Amendment. Difficulties in enforcing the law led to widespread disregard for Prohibition and increased criminal activities during the 1920’s. A successful 1932 Democratic Party campaign against Prohibition led to the proposal and ratification of the 21st Amendment, which repealed the 18th Amendment.
Originally proposed in 1789 to limit conflicts of interest among members of Congress in determining their own compensation, the 27th Amendment was not ratified with the 10 amendments known today as the Bill of Rights. Popular opposition to congressional pay raises in the 1980’s renewed interest in the amendment and it was ratified in 1992.
The 11th Amendment was proposed in 1794, one year after the Supreme Court ruled in Chisholm v. Georgia (1793) that a lawsuit involving a state being sued by a citizen from another state could be heard in a federal court. Concerns over the extent of federal power led to the passage of this amendment, which limits the jurisdiction of the federal courts in cases of this type. The amendment repeals a portion of Article III, section 2, clause 1 of the Constitution.
Congress enacted the Volstead Act to implement the provisions of the 18th Amendment. Difficulties in enforcing the law led to widespread disregard for Prohibition and increased criminal activities during the 1920’s. A successful 1932 Democratic Party campaign against Prohibition led to the proposal and ratification of the 21st Amendment, which repealed the 18th Amendment.
Originally proposed in 1789 to limit conflicts of interest among members of Congress in determining their own compensation, the 27th Amendment was not ratified with the 10 amendments known today as the Bill of Rights. Popular opposition to congressional pay raises in the 1980’s renewed interest in the amendment and it was ratified in 1992.
