1.1, 1.2- nature and features of the constitution Flashcards
How many times has the Constitution been amended?
27 times, 10 make up the Bill of rights
what is the bill of rights? what are some key rights they protect?
- the first 10 ammendments to the constitution
- the freedom of speech (first ammendment), right to bear arms (second), federalism
how is federalism set out in the constitution?
- 10th ammendment
- all powers not delegated to the federal government, are reserved for states
what is the 3/5 compromise?
- disagreement over whether slaves should be counted as part of a states population
- they settled on counting slaves as 3/5 of person
What is needed to pass a constitutional amendment?
- 2/3 in both houses and support from 3/4 of the states
what does it mean for the US constitution to be codified?
- written down in a single document
- individuals and institutions derive their rights directly from this document
- the supremacy clause- sets out that the constitution is higher law
what are the benefits of the US constitution
- protects against popularist, poorly thought-out legislation, protects rights
- relationship between branches is clearly set out, seperation of powers prevents one branch from becoming overly powerful
- encoragesbipartisanship in passing ammendments
- regular elections ensuring accoutability
- protects against abuses of power, as the powers of each branch are clearly set out
- judicial review, ensures some flexibility
what are the costs of the US constitution?
- fails to evolve as society does, leading the constitution to be outdated
- argued that in some ways it facilitates the infrigement upon rights
- federal power has expanded significantly, threatening federalism
- seperation of powers leads to gridlock
- unified government leads to insufficient checks and balances
- undemocratic, as a small majority can undermine majority support
- uneletec judges are given too much power
- electoral college is not fit for purpose
give examples that support the idea that in some istances the constitution facilitates abuse of the political system.
- citizens united vs FEC, used first amendment rights in order to justify super pacs and the concentration of power with rich individuals
- the second ammendment right has lead to massive loss of life
what is the ‘necessary and proper clause?
- Congress must make laws it views as ‘necessary and proper’
- this is open to interpretation, therefore giving some flexibility to the constitution
Why might it be argued that constitutional conventions have needed to develop? give an example of a constitutional convention.
- the constitution is vague in parts and does not spell out how it should work in practice
- e.g the cabinet system began under George Washington
- the power of judicial review is a convention
What was the Connecticut Compromise? What is the purpose of the Connecticut Compromise?
- agreed that in the upper house, each state would have an equal number of representatives for all states
- to ensure smaller states are not left unheard
Give an example of an amendment that failed to pass despite being of significant importance.
- the equal rights amendment was introduced in 1923
- passed by both houses
- failed to get 3/4 of state support by 1982
how many ammendments in total have been proposed?
over 13,000
what was the flag desecration ammendment?
- aimed to give congress the power to prevent physical desecration of the american flag
- has been introduced many times in the HOR but consistently failed in the senate
- closest it came was in 2006 when it fell just one vote short in the senate