1.1 The nature of the Constitution

Question 1

What does Article 1 set out

Answer 1

Congress as the national legislature

Question 2

What is set out in Article 1 Section 8

Answer 2

Congress was given specific powers such as to ‘coin money’ and ‘declare war’

Question 3

What does Article 2 set out

Answer 3

Decided on a singular executive vesting all executive power in the hands of ‘a president’ chosen indirectly by the electoral college

Question 4

What does article 3 set out

Answer 4

Established the US SC, court was to have to role of umpire of the constitution, implied in the supremacy clause of Article VI and the provisions in Article III

Question 5

What are the enumerated (or delegated) powers

Answer 5

The three articles contain the enumerated powers granted to the federal government –> federal gov’t doesn’t possess unlimited power but only what is given in the constitution

Question 6

What is the nature of the constitution

Answer 6

1. Codified constitution
2. Blend of specificity and vagueness
3. Its provisions are entrenched

Question 7

Implied powers

Answer 7

Powers of the federal gov’t that the constitution does not mention but are implied from the enumerated powers.
e.g. power to draft ppl into armed forces may be implied from congress’ enumerated power to raise an army and navy

Question 8

Where are many implied powers deducted from?

Answer 8

the necessary and proper clause of Article 1, section 8

Question 9

What is the necessary and proper clause

Answer 9

Known as elastic clause - the powers of the federal gov’t can be stretched beyond the specifically delegated or enumerated powers

Question 10

Reserved powers

Answer 10

powers reserved to the states alone or to the people
- provision found in the 10th amendment - limits the power of the federal gov’t by stating all power not delegated to federal gov’t is reserved to states or ppl

Question 11

Concurrent powers

Answer 11

Powers shared by state and federal gov’t

e.g. collecting taxes or building roads

Question 12

Supremacy clause of article VI

Answer 12

Enshrines the the supremacy of national law; laws passed by the federal governemnt under its constitutional powers are the supreme law of the land

Question 13

Entrenchment

Answer 13

Constitutional is v entrenched through the complex amendment process to protect it from those who wants to change or attack this system

Question 14

How can a Constitutional Amendment be proposed?

Answer 14

+ it has to be supported by a 2/3 supermajority vote in the House of Representatives and Senate
+ 2/3 of state legislatures call for a national convention to propose amendments

Question 15

How can a Constitutional Amendment be ratified?

Answer 15

+ by a 3/4 of the state legislature

+ by 3/4 of the state ratifying conventions specially held in each state

Question 16

When do amendments tend to happen?

Answer 16

after national trauma

Question 17

What national trauma was the 22nd amendment ratified after?

Answer 17

After WWII

22nd = limited the president to two terms as president

Question 18

How many constitutional amendments were proposed in Clintons era

Answer 18

17 votes, unusually high number and it happened during a 6 year period when Republicans controlled both houses of congress

Question 19

What amendment has republicans been pushing under Clinton and Bush jr

Answer 19

flag desecration act (3 times under Clinton and 3 under Bush), HoR almost always voted yes but has declined every time but senate keeps blocking it, 1 vote away in 2006.

Question 20

How likely is an amendment going to pass once successfully proposed

Answer 20

Only 6 have failed at the ratification state in 210 years

Question 21

When was the last amendment

Answer 21

26th Amendment (1971) - lowered the voting age to 18

Question 22

Why has the constitution been amended so rarely

Answer 22

• V difficult
• parts are deliberately unspecific and vague - meaning the document can evolve without the need for formal amendment
• SC power of judicial review - change the meaning of words written 2 centuries ago - interpretative amendments’ rather than formal amendments

Question 23

What is an example of an ‘interpretative amendment’ rather than a formal amendment?

Answer 23

court can state that phrase in the 8th amendment ‘cruel and unusual punishments’ mean today

Question 24

Why is there cuation in amending the constitution

Answer 24

Prohibition being installed then 14 years later it being repealed

Question 25

1st Amendment

Answer 25

Freedom of religion, speech, assembly and petition

Question 26

Example of 1st Amendment in SC

Answer 26

Texas v Johnson (1989) – SC ruled 5-4 that burning American flag was protected as ‘free speech’ after Johnson was charged with violating Texas law

Question 27

2nd Amendment

Answer 27

Most controversial – right to bear arms

Can be interpreted to individual right to own guns or collective right to form a militia

Question 28

Example of 2nd Amendment in SC

Answer 28

US v Miller (1939) – SC upheld national firearms act which required the registration of sawed off shotguns  not protected by 2nd amendment as guns weren’t military equipment

DC v Heller (2008) – SC argued diff verdict that a law banning handguns in Washington DC was unconstitutional

Question 29

4th Amendment

Answer 29

Protect citizens from unreasonable searches and seizures of property through requiring a ‘probable cause’/warrant from judge to do so

Question 30

Example of 4th Amendment in SC

Answer 30

Katz v US (1967) – Katz was convicted of illegal gambling after FBI recorded convos from public phone booth
SC ruled that evidence violated the 4th Amendment as FBI didn’t get warrant

Question 31

5th Amendment

Answer 31

Longest Amendment & miranda rights – Protects the rights of those who are accused of committing a crime

• Requires grand jury of civilians to decide whether individual should be indicted/accused for a crime before being tried at court
• Ensures due process/fair treatment
• Cannot be forced to testify against yourself

Question 32

8th Amendment

Answer 32

Freedom from excessive bail, fines and cruel and unusual punishments – most controversial

Question 33

Example of 8th Amendment in SC

Answer 33

Coker v Georgia (1977)
- SC ruled that Georgia could not apple death penalty for rape as only a few states passed such laws, making it ‘cruel and unusual punishment’

Question 34

10th Amendment

Answer 34

Federal gov’t powers are limited to those enurmerated by the constitution

• 10th amendment used to uphold role of the state
• Republicans love up this amendment

Question 35

What is the ‘Commerce Clause’?

Answer 35

The clause in Article I, section 8 of the constitution empowering congress to regulate commerce with foreign nations and among the states.
Implies congress has the power to
- Eg- set minimum wage

Question 36

How does the ‘Full Faith and Credit Clause’ influence horizontal federalism?

Answer 36

The full faith and credit clause means that states should recognise the judicial proceedings of other states. Eg if a couple got divorce in one state, other states would have to give ‘full faith and credit’ to these divorce proceedings. Full faith and credit clause can be argued to expand the power of each states, as other states are bound to their decision. Can also limit states as it forces them to respect other states decision. Doesn’t mean that states have to abandon their laws because of other states.