2) The Constitution Flashcards
What are the 3 key features of the US constitution?
Codified
specific & vague
entrenched
What is a codified constitution?
a constitution that consists of a full and authoritative set of rules written down in a single text
What is entrenchment?
Entrenchment is the application of extra-legal safeguards to a constitutional provision to make it more difficult to amend or abolish it.
What are the 7 Articles of the US Constitution?
Article I – The Legislative Branch Article II – The Executive Branch Article III – The Judicial Branch Article IV – The States Article V – Amendment procedures Article VI – Debts, Supremacy, Oaths Article VII – Ratification procedure
What is the supremacy clause?
Federal law takes precedence over State Law
Proportion of Article VI which states that the constitution, as well as treaties and federal laws, ‘shall be the supreme law of the land’.
Made explicit in Marbury v Madison in 1803 that the provision in Article III states the Court’s judicial powers applies to ‘all Cases…arising under this Constitution’
What are Enumerated powers?
Enumerated (or delegated) powers are powers delegated to the federal government under the Constitution in the first 3 Articles
What are implied powers?
Implied powers are powers possessed by the federal government by inference from those powers delegated to it in the Constitution - e.g. draft soldiers, raise taxes (see also ‘Necessary and proper clause’).
What is the ‘Necessary and proper clause?
Necessary and proper clause (or elastic clause) the final clause of Article 1, Section 8, which empowers, Congress to make all laws ‘necessary and proper’ to carry out the federal government’s duties
What are reserved powers?
Reserved powers are powers not delegated to the federal government, or prohibited by it to the states, are reserved to the states and to the people
What are concurrent powers?
Concurrent powers power possessed by both the federal and state governments, such as collecting taxes, building roads, maintaining courts.
How are constitutional amendments made?
A 2 stage process requiring super majorities for proposal by congress or state legislatures calling for a national constitutional convention (2/3) and ratification by state legislatures or ratifying conventions (3/4)
How many amendments have been made?
27
Who has proposed all of the amendments?
Congress
Which was the only amendment to be ratified by state constitutional conventions?
21st (repealed 18th Amendment on prohibition)
When was the Bill of Rights ratified?
1791
What were the first 10 amendments collectively ratified in the Bill of Rights?
I Freedom of religion, speech, the press, and assembly
II Right to keep and bear arms
III No quartering of troops in private homes
IV Unreasonable searches and seizures prohibited
V Rights of accused persons
VI Rights of trial
VII Common-law suits
VIII Excessive bail, and cruel and unusual punishments prohibited
IX Unenumerated rights protected
X Undelegated powers reserved to the states or to the people
Give examples of other Amendments to the constitution
XIII Slavery prohibited (1865)
XIV Ex-slaves citizens - including ‘equal protection’ and ‘due process’ clauses (1868)
XVI Federal government granted power to impose income tax (1913)
XVII Direct election of Senate (1913)
XVIII Votes for Women (1920)
XXII Two term limit for president (1951)
XXIV Voting rights to minorities (1964)
XXV Presidential succession and disability procedures (1967)
XXVI Voting age lowered to 18 (1971)
XXVII Congressional pay change at next term (1992)
What are the 4 main reasons why the constitution has been so rarely amended?
1) deliberately difficult process (congress and states with super majorities)
2) deliberately unspecific and vague document allows evolution
3) Supreme Courts’ power of judicial review allows ‘interpretive amendments’
4) Veneration and caution (see prohibition 18th/21st)
How many votes on amendments took place under Clinton and George W. Bush?
Bill Clinton - 17 votes on amendments (balanced budget 1995 and flag desecration 1995/7/9) few votes short in Senate
George Bush - 6 votes on amendments, only 3 (flag) got 2/3 in House of Representatives, 66-34 one vote short in Senate.