1.1 The principles of the US Constitution Flashcards
the nature of the US constitution
principles:
- limited government
- codification
- entrenchment
- federalism
- checks and balances
- separation of powers
the nature of the US constitution
limited government
- founding fathers wanted to limit government through separation of powers and checks and balances
- the bil of rights specifically included to help ensure limited government
- they were concerned over individual freedoms of citizens being challenged by a powerful government (from the UK)
the nature of the US constitution
codification
PHYSICAL source of power
- key powers given to branches by constitution
- has been interpreted differently, but the original document remains sovereign
- judicable (containes higher law) so laws can be ruled ‘unconstitutional’
the nature of the US constitution
entrenchment
- protected by law
- difficult to amend
- article V containes the amendmnent process, but it requires a supermajority.
the nature of the US constitution
federalism
- ensures states, cultures and beliefs are not ignored
- shared sovereignty.
- congress has authority over some aspects of political life, while states remain sovereign over others
- division of power between federal government and the states
the nature of the US constitution
10th amendment
‘the powers not delegated to the united states by the constitution, not prohibited by it to the states, are reserved to the states respectively, or to the people’
- eg. abortion rights, marijuana, taxes, citizens rights (eg. alaska u can drive at 14) criminal punishment (eg. 27 states currently allow it) and electoral regulation
the nature of the US constitution
dual federalism 1790s-1930s
states and government equal, but states undertook most of the governing.
cooperative federalism 1930s-1960s
- government expanded after wall st crash
- federal government seen superior to the states
- more cooperation between states and federal government over policies states previously dictated
new federalism
1970s-2000s
nixon looked to roll back federal government
checks and balances: history and current
madison believed each branch should have the power to check the other branches
- ensured each branch had the power to oversee the other 2
checks: the executive-legislative + vice versa
executive-legislative:
- the president can veto legislation and may propose legislation to congress
legislative-executive:
- congress must approve presidential appointments, it controls the budget, it can pass laws over the president’s veto
- it can impeach and remove the presidnet from office
checks: executive-judicial + vice versa
executive-judicial:
- the president appoints judges
judicial-executive:
- the court can declare presidential acts unconstitutional
- chief justice presides over impeachment of the preisdent, and may prevent executive action through injunction
checks: legislative-judicial + vice versa
legislative-judicial:
- congress can change laws, initiate a constitutional amendment; restrict jurisdiction of courts to hear certain types of cases; create whole new court systems or abolish existing ones, expand or contract times and places that the federal courts sit
- the senate must confirm the president’s judicial appointments
- congress cna impeach and remove judges from office
judicial-legislative:
-the court can declare laws unconstitutional
separation of powers:
sharing of power ability
- inspired by Baron De montesquieu argued 3 entirely seperate branches would be the most effective
- each branch has a seperate article in the constitution assertaining its power. eg. the ‘ineligibility clause’ prevents an individual from gaining too much power
- eg. the president is seperate from congress, so can’t really propose legislation himself unlike the uk
types of power
- delegated powers
- implied powers
- inherent powers
delegated powers
article 1, section 8 of the constitution
- explicitly stated: coinign money, regulating commerce, declaring war, armed forces
- 27 powers specifically for the federal government
implied powers
- inferred from the ‘necessary and proper’ clause in article 1 section 8
- make all laws which shall be necessary and proper for carrying into execution in the foregoing powers, and other powers vested in the government of the united states: powers not explicit, the courts often left to decide what constitutes implied power
inherent powers
- grow out of the very existence of the government
- eg. the power to acquire territory by exploitation and/or occupancy.
- primarily because most government in general claim that right.
vaccine mandate september 2021
- Kim Reynolds Governor of Iowa - mandate to allow exemption from covid vaccine for religious/non medical reasons
- supreme court struck mandate down with a 6-3 decision
- example of judicial over state power.
Nature of the US constitution
Vagueness of the document
- difference between enumerated powers and implied powers
- implied powers in the ‘necessary and proper’ clause has textended the powers of congress overtime, allowed due to its vagueness.
- not all of it is vague though, the 2nd amendment is probably why meaningful gun control is hard to obtain
- the more vague langauge in article II as opposed to article I has allowed the supreme court to expand considerably, but not the congress and executive.
- it is also important, in allowing the constitution to adapt to changing circumstances and remain relevant.
Nature of the US constitution
BIPARTISANSHIP
- the constitution requires comprimise
- hamilton; ‘we are attempting by this constitution to abolish fractions, and to unite all parties for the general welfare’
- the branches are required to cooperate in order to be able to exercise their power.
- appointments and elections for each branch made it difficult for any one faction to control all of the branches at any one time, somewhat ensuring compromise.
- supermajorites require compromise too.
