1.1 Nature of the US constitution Flashcards
Features of the US constitution (4)
-Codified
-Authoritative
-entrenched
-judiciable (other laws can be judged against it)
Difference between enumerated and implied powers
enumerated powers are powers explicitly stated by the constitution
Congress enumerated powers examples (4)
-Collects taxes
-Borrows money
-Declares war
-Regulates trade
Congress implied powers examples
The “elastic” clause gives Congress the authority to pass laws it deems “necessary and proper” to carry out its enumerated functions
(allows Congress to stretch its powers)
Enumerated power of the SC
Rules on cases arising under the constitution
Implied power of the SC
Power of judicial review
Concerns associated with the vagueness of the constitution (3)
-Constitution can fail to regulate political practise
-SC could become too powerful
-lack of clarity can lead to significant conflict
how many amendments are there
27, despite over 11,000 being proposed
Proposals passed by Congress that failed to receive sufficient state support
The Equal Rights Amendment
-failed to be ratified by 3/4 of state legislatures in 1982
Who does the federal government (Congress) need to agree with
The states- key principle in federalism
-Federal government cannot restrict the power of the states without state-level agreement
Disadvantages of the formal process (4)
-Difficult to remove outdated aspects
-Difficult to incorporate new ideas
-Amendment process is undemocratic (tyranny of the minority)
-Gives the SC excessive power (unelected and have the final word)
Advantages of the formal process (4)
-Protects key principles of the political process
-Protects states and upholds federalism
-Prevents abuses of power
-Prevents badly thought out amendments
What is the 10th amendment
Federal government only has powers delegated to it in the constitution
