1.1, 1.2- nature and features of the constitution Flashcards

1
Q

How many times has the Constitution been amended?

A

27 times, 10 make up the Bill of rights

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2
Q

what is the bill of rights? what are some key rights they protect?

A
  • the first 10 ammendments to the constitution
  • the freedom of speech (first ammendment), right to bear arms (second), federalism
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3
Q

how is federalism set out in the constitution?

A
  • 10th ammendment
  • all powers not delegated to the federal government, are reserved for states
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4
Q

what is the 3/5 compromise?

A
  • disagreement over whether slaves should be counted as part of a states population
  • they settled on counting slaves as 3/5 of person
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5
Q

What is needed to pass a constitutional amendment?

A
  • 2/3 in both houses and support from 3/4 of the states
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6
Q

what does it mean for the US constitution to be codified?

A
  • 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
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7
Q

what are the benefits of the US constitution

A
  • 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
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8
Q

what are the costs of the US constitution?

A
  • fails to evolve as society does, leading the constitution to be outdated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
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9
Q

give examples that support the idea that in some istances the constitution facilitates abuse of the political system.

A
  • 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
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10
Q

what is the ‘necessary and proper clause?

A
  • Congress must make laws it views as ‘necessary and proper’
  • this is open to interpretation, therefore giving some flexibility to the constitution
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11
Q

Why might it be argued that constitutional conventions have needed to develop? give an example of a constitutional convention.

A
  • 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
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12
Q

What was the Connecticut Compromise? What is the purpose of the Connecticut Compromise?

A
  • 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
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13
Q

Give an example of an amendment that failed to pass despite being of significant importance.

A
  • the equal rights amendment was introduced in 1923
  • passed by both houses
  • failed to get 3/4 of state support by 1982
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14
Q

how many ammendments in total have been proposed?

A

over 13,000

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15
Q

what was the flag desecration ammendment?

A
  • 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
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16
Q

what are interpretative ammendments?

A

‘judicial’ review that changes the interpretation of the constitution

17
Q

give an example of when the constitutions interpretation changed to fit a modern application.

A

2014 riley vs california, extended the protections of unwarented search and siechure to digital contents

18
Q

give an example of an interpretive ammendement.

A

1972 roe v wade argued the constituional right to privacy protected the individuals right to an abortion
2022 dobbs vs jackson argued this right was not protected and was an issue for states

19
Q

give an example of the supreme court using the elastic/ necessary and proper clause to expande congress rights.

A

mcolloh vs maryland
- said that congress had the power to create a national bank that was free from federal level taxation

20
Q

give an example of the supreme court pushing back against the expansion of powers under the commerce clause.

A
  • 1995
  • US vs Lopez, struck down the gun free school zones act
21
Q

what are the advantages of constitutional vagueness?

A
  • has allowed the constitution to modernise, without a formal ammendment process
  • the supreme courts power of judicial review prevents the undue expansion of these powers
22
Q

what are disadvantages of constitutional vagueness?

A
  • allows the constitution to change without the consent of the people
  • has allowed federal government to infringe upon the power of the states
  • gives the unelected SC too much power due to the significance of interpretation beyond the text
23
Q

What are the arguments that checks and balances have become ineffective?

A
  • the informal powers of the president have expanded, leading to the president becoming increasingly imperial (particularly in foreign policy)
  • Congressional oversight of the president is largely dependent on their popularity and the presence of divided government
  • could be argued that the Supreme Court appointment process undermines judicial neutrality
  • supreme court power has lead to an imperial judiciary
  • checks and balances often produce two competing mandates.
  • federalism is under threat due to the expansion of the power and use of the ‘necessary and proper clause’
24
Q

what are the arguments that checks and balances remain effective?

A
  • the legislative can perform significant scrutiny of the president through oversight measures (a degree of gridlock is necessary)
  • congress can use their constitutionally awarded powers to check the power of the president
  • the supreme court’s power of judicial review provides checks on both Congress and the president
  • ensures the protection of federalism and state rights