U.S. Constitution Comprehensive Exam Notes

Constitutional Foundations

• A Constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

• The U.S. Constitution is the supreme law of the United States, establishing the framework for the federal government and guaranteeing the rights of its citizens. It is composed of a short Preamble + 7 original Articles + 27 Amendments.

• Establishes 3 branches (Legislative, Executive, Judicial) with separation of powers and checks & balances

• Six Basic Principles repeatedly applied:
  ▹ Popular Sovereignty—power comes from “We the People”
  ▹ Limited Government—gov’t may do only what the Constitution permits; its power is restricted by law, usually a constitution.
  ▹ Separation of Powers—Articles I–III create distinct branches, dividing governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
  ▹ Checks & Balances—each branch restrains the others through a system that allows each branch of government to amend or veto acts of another branch, effectively limiting the power of any one branch.
  ▹ Judicial Review—Marbury v. Madison (1803) asserted courts can void unconstitutional acts
  ▹ Federalism—division of power between national and state levels
  ▹ Republic—a form of government in which supreme power is held by the people and their elected representatives, rather than by a monarch.

Forms of Democracy

• Democracy: A system of government by the whole population or all the eligible members of a state, typically through elected representatives.

• Participatory Democracy: A model of democracy in which citizens have the power to make policy decisions and are highly engaged in all levels of political life.

• Pluralist Democracy: A theory of democracy that holds that citizen membership in groups is the key to political power. It argues that power is distributed among many diverse interest groups.

• Elite Democracy: A theory of democracy that states that a small number of people, usually those who are wealthy or well-educated and from a particular social background, influence political decision-making.

Core Political Concepts and Values

• Power: The ability of one person to get another person to act in accordance with the first person’s intentions.

• Government: The institutions through which a land and its people are ruled.

• Politics: The activities associated with the governance of a country or other area, especially the debate or conflict among individuals or parties having or hoping to achieve power.

• Policy: A course or principle of action adopted or proposed by a government, party, business, or individual.

• Legitimacy: The belief that a rule, institution, or leader has the right to govern.

• Authority: The perceived right to make decisions and carry them out.

• Political Power: The ability to influence the behavior of others in politics.

• Agenda: A set of issues or topics to be discussed or acted upon by a government or organization.

Core Political Values

• Basic Definition: Underlying belief or guiding principle.

  • Freedom: NO governmental influence on the behavior of individuals.

  • Order: Government policy controlling the behavior of individuals.

  • Equality: Government policy providing the same opportunity for everyone.

Theories of American Democracy and Power

• Majoritarian Theory: The theory that government by the majority of the people is the most democratic.

• Elite Theory: A theory of the state which seeks to describe and explain the power relationships in modern societies; essentially, the idea is that a small minority holds power and that this minority is accountable to no one.

• Bureaucratic Theory: A theory of government and politics that contends that appointed officials of bureaucratic agencies are the ones who ultimately carry out the decisions and shape public policy, and through this, exert power.

• Interest Group Theory: A theory of government in which organized groups attempt to influence public policy decisions.

• Pluralist Theory: A theory of democracy that views politics as a competition among various interest groups, where no single group dominates, and public policy is a result of bargaining and compromise.

• Hyperpluralism: A theory that states that there are too many strong interest groups, leading to a government that is unable to function because groups have too much power to block legislative proposals.

Policymaking Process Concepts

• Linkage Institution: Relates to development of policy. These institutions are the channels or access points through which issues & people’s preferences get on the government’s agenda (e.g., elections, political parties, interest groups, media).

• Policymaking Institutions: The branches of government charged with taking action on political issues (e.g., Congress, the Presidency, the Courts, the Bureaucracy).

• Policy Gridlock: A condition that occurs when no coalition is strong enough to form a majority and establish policy, which results in little getting done.

The Preamble

• Functions as the Constitution’s mission statement

• Lists 6 broad goals: form a more perfect union, establish justice, insure domestic tranquility, provide for common defense, promote general welfare, secure blessings of liberty

• Big-picture purpose: legitimizes the Constitution by expressing popular sovereignty and summarizing the aims of the new gov’t

Article I – Legislative Branch

▪ Outlines Congress (House + Senate), law-making process, enumerated powers, limits

House of Representatives

• Term length: 2 years

• Age ≥ 25, citizen ≥ 7 years, inhabitant of representing state

• Seats apportioned by population; minimum per state = 1

• Number of districts (and thus seats) reapportioned every 10 years after the decennial Census

• Revenue (tax) bills must originate here—"power of the purse"

• Sole power of impeachment (formally charges federal officials)

Senate

• Term length: 6 years (staggered; 1⁄3 up every 2 years)

• Age ≥ 30, citizen ≥ 9 years, inhabitant of representing state

• Initially elected by state legislatures; 17th Amendment (1913) changed to direct popular election

• Sole power to conduct impeachment trials; conviction requires \tfrac{2}{3} vote

Congressional Districts & Redistricting

• Seats reapportioned by Congress based on Census data

• State legislatures normally draw new district boundaries (subject to federal/Voting Rights Act constraints); some states now use independent commissions

Enumerated Powers (Art. I §8)

• Tax, borrow, regulate commerce, coin money, declare war, raise/support armies/navy, establish post offices, create lower courts, etc.

• Commerce Clause: Art. I §8 cl.3 grants Congress power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"

• Necessary and Proper Clause: (Art. I §8 cl.18), also known as the Elastic Clause, granting Congress the power to pass all laws "necessary and proper" for carrying into execution the foregoing powers (those specifically listed in Article I).

Powers Denied to Congress (Art. I §9)

• No ex post facto laws, bills of attainder, or suspension of writ of habeas corpus (a court order requiring a person under arrest to be brought before a judge to determine the legality of their detention, except in cases of rebellion or invasion), taxes on exports, titles of nobility, etc.

Powers Denied to the States (Art. I §10)

• Cannot coin money, enter treaties, grant titles of nobility, pass bills of attainder/ex post facto laws, levy duties on imports/exports, keep troops or engage in war without Congress’s consent; reflects federal supremacy

Article II – Executive Branch

• Vests executive power in President; term 4 years; max 2 elected terms (22nd Am.)

• Must be natural-born citizen, age ≥ 35, resident ≥ 14 years

Presidential Powers (Art. II §2–3)

• Commander in Chief

• Make treaties (\tfrac{2}{3} Senate consent)

• Appointment power (Art. II §2 cl.2): nominates ambassadors, public ministers, consuls, Supreme Court justices, all other federal officers; Senate confirms by majority vote

• Fill vacancies during Senate recesses (commissions expire end of next session)

• Grant reprieves & pardons (except impeachment)

• Deliver State of the Union “from time to time”—modern practice: annually to joint session of Congress

• Recommend legislation, convene/adjourn Congress, take care that laws be faithfully executed

Presidential Succession

• Original text: Art. II §1 cl.6 (vague)

• 25th Amendment (1967) replaced the clause—clarifies VP becomes President upon vacancy & sets disability procedures

Role in Amendments

• The President has NO constitutional role in proposing, ratifying, or vetoing constitutional amendments; Article V deliberately bypasses the veto

Article III – Judicial Branch

• Establishes Supreme Court; Congress creates inferior federal courts (Art. I §8 and Art. III §1)

• Judges hold office during "good Behaviour" (life tenure) and salary cannot be diminished

Article IV – Interstate Relations

• Full Faith & Credit Clause (Art. IV §1): states must respect public acts, records, judicial proceedings of other states (e.g., marriage, contracts, court judgments)

• Privileges & Immunities Clause (Art. IV §2 cl.1): prevents states from discriminating against citizens of other states

• Extradition Clause (Art. IV §2 cl.2): fugitives returned to state having jurisdiction

• New States & Territories (Art. IV §3): Congress admits new states, governs territories

• Guarantee Clause (Art. IV §4): U.S. guarantees every state a "Republican Form of Government" and protection against invasion/domestic violence

Article V – Formal Amendment Process

• Proposal: either
  ▹ \tfrac{2}{3} vote in both House & Senate (all 27 amendments used this route), OR
  ▹ National convention called by \tfrac{2}{3} of state legislatures (never used)

• Ratification: either
  ▹ \tfrac{3}{4} of state legislatures, OR
  ▹ \tfrac{3}{4} of state conventions (used once for 21st Am.)

• Exemplifies Federalism + Popular Sovereignty: national proposal, state-level ratification, people’s elected reps ultimately decide

Article VI – Supremacy Clause

• Supremacy Clause: Constitution, federal laws, and treaties are "the supreme Law of the Land"

• Resolves conflicts: if valid federal & state laws clash, federal prevails; state judges bound notwithstanding state constitutions/laws

• Requires oath of office to support Constitution; prohibits religious tests for office

Article VII – Ratification

• Required 9 of the 13 states to ratify for Constitution to take effect

• Application of Popular Sovereignty—special state conventions (not legislatures) represented the people directly

Key Historical Figures & Documents

• "Father of the Constitution": James Madison (took detailed notes, major architect of Virginia Plan, authored Bill of Rights)

Historical Precursors & Founding Debates

• Declaration of Independence (1776): A foundational document asserting the American colonies' separation from Britain, articulating philosophical justifications based on natural rights and consent of the governed.

• Natural Rights: Inherent rights possessed by all individuals from birth, including "Life, Liberty, and the pursuit of Happiness," central to Enlightenment philosophy and the Declaration of Independence.

• Consent of the Governed: The principle that a government's authority is legitimate only when it derives from the consent of the people it governs.

• Articles of Confederation (1781–1789): The first governing document of the U.S., establishing a loose confederation of states with a weak central government, highlighting issues like lack of national taxing power and inability to enforce laws.

• Shays's Rebellion (1786–1787): An armed uprising of Massachusetts farmers protesting debt collection and foreclosures, demonstrating the severe weaknesses of the Articles of Confederation and the need for a stronger national government to maintain order.

• Factions: Groups of citizens, identified by James Madison in Federalist No. 10, united by a common interest or passion that might act adverse to the rights of others or the public good.

• Virginia Plan: Proposed at the Constitutional Convention by James Madison, advocating for a strong national government with a bicameral legislature where representation would be proportional to state population.

• New Jersey Plan: Proposed at the Constitutional Convention by William Paterson, suggesting a unicameral legislature with equal representation for each state, favoring smaller states.

• Connecticut Compromise (Great Compromise): Resolved the debate between large and small states at the Constitutional Convention by creating a bicameral legislature: the House of Representatives (proportional representation) and the Senate (equal representation per state).

• Federalists: Proponents of the U.S. Constitution during its ratification, advocating for a strong central government.

• Anti-Federalists: Opponents of the U.S. Constitution's ratification, fearing it would create an overly powerful central government that could infringe on state and individual liberties.

• The Federalist Papers (1787–88): A series of 85 essays, written by Alexander Hamilton (≈51 essays), James Madison (≈29), and John Jay (5), arguing in favor of the ratification of the U.S. Constitution.

• Bill of Rights: The first ten amendments to the U.S. Constitution, added to protect individual liberties and address Anti-Federalist concerns about the lack of specific rights protections.

Important Amendments Referenced

• 1st Amendment—5 freedoms: Religion (Establishment + Free Exercise), Speech, Press, Assembly, Petition

• 4th–8th Amendments—protect rights of the accused
  ▹ 4th: no unreasonable searches/seizures; warrants require probable cause
  ▹ 5th: grand jury, no double jeopardy, no self-incrimination, due process, takings clause
  ▹ 6th: speedy & public trial, impartial jury, confront witnesses, counsel
  ▹ 7th: jury trial in civil cases >20 (federal)
  ▹ 8th: no excessive bail/fines, no cruel & unusual punishment

• 9th Amendment—people retain unenumerated rights; prevents assumption that listed rights are exhaustive

• 10th Amendment—reserves powers not delegated to U.S. nor prohibited to states, to the states/people

• 13th (abolition), 14th (citizenship, Due Process & Equal Protection), 15th (race voting) comprise Civil War Amendments

• 14th Amendment Clauses:
  ▹ Due Process (applies Bill of Rights to states via incorporation)
  ▹ Equal Protection (anti-discrimination; basis for civil rights cases)

• 16th Amendment (1913)—authorizes federal income tax

• 17th Amendment—popular election of Senators

• 19th Amendment—women’s suffrage

• 24th Amendment—abolished poll tax in federal elections

• 25th Amendment—presidential succession & disability procedures

• 26th Amendment—lowers voting age to 18

• Equal Rights Amendment (ERA): A proposed amendment designed to guarantee equal legal rights for all American citizens regardless of sex; it has not yet been ratified by enough states to become part of the Constitution.

Electoral College

• Each state gets electors equal to total congressional delegation: \text{# Reps} + 2\text{ Senators}

• Minimum electors per state = 3 (even the least-populated state has 1 Rep + 2 Sens)

• District of Columbia gets 3 electors (23rd Am.)

Slavery Compromises

• Three-Fifths Compromise (Art. I §2): for apportionment & direct taxes, each enslaved person counted as \tfrac{3}{5} of a free person

Commerce & Taxation Details

• Congress regulates interstate & foreign commerce (Commerce Clause) and enumerated taxation powers (Art. I §8 cl.1)

• Export taxes forbidden (Art. I §9 cl.5); state import/export duties restricted (Art. I §10 cl.2)

Miscellaneous Constitutional Provisions

• Natural-born citizen requirement applies only to President & Vice President (Art. II §1)

• Congress establishes lower federal courts (Art. I §8 cl.9 & Art. III §1)

• Clause 6, Art. II §1 (original succession) superseded by 25th Amendment

• "Full sentences" not required on exam: responses may be bullet/phrase form

Rights of the Accused – Quick Reference

• 4th, 5th, 6th, 7th, 8th Amendments + 14th Amendment Due Process provide core protections (search warrants, self-incrimination, counsel, jury, speedy trial, bail, protections against cruel punishment, incorporation against states)

Examples & Real-World Significance

• Commerce Clause: used to uphold Civil Rights Act 1964 (Heart of Atlanta Motel v. U.S.)

• Supremacy Clause: Arizona v. U.S. (2012) struck down state immigration provisions conflicting with federal law

• Full Faith & Credit: driver’s licenses recognized interstate; Obergefell v. Hodges (2015) required cross-state recognition of same-sex marriages

• 9th Amendment: basis for right to privacy (Griswold v. Connecticut, Roe v. Wade)

Ethical & Philosophical Implications

• Separation of powers guards against tyranny but can cause gridlock

• Federalism allows policy diversity yet spurs disputes over state vs. national authority (e.g., marijuana legalization, COVID-19 mandates)

• Due Process & Equal Protection promote fairness but require continual judicial interpretation

Study Tips

• Memorize Article/Section references: I §8 (enumerated powers), I §10 (state limits), II §2 (presidential powers), IV §1 (Full Faith & Credit), V (amendment), VI (Supremacy)

• Use mnemonics for Bill of Rights (e.g., "1 — SPARP: Speech, Press, Assembly, Religion, Petition")

• Remember amendment fractions \tfrac{2}{3}