Articles & Amendments Flashcards
How is the US constitution amended
Through Article V - entrenchment
How many amendments have been added
27
Pros of the amendment process
The process works - only 27 amendments to constitution
Amendment process has protected principles of constitution
Process requires bipartisanship which prevents tyrany of one party
Protects federalism by preventing federal govt getting too much power
Cons of the amendment process
Requirement for super majorities has made the process too difficult
Unelected supreme court gains too much power through INTERPRETIVE amendments
Allows for tyrany of the minority (Joe Manchin)
It is difficult to incorportate new ideas into US constitution- becoming out of date
Has allowed for poor amendments eg 18th repealed 4 years later by 21st (prohibition)
Article 1
All legislative powers vested in Congress (HoR & Senate)
Article II
Executive power vested in President
Article III
All judicial power vested in Supreme court (and lower courts set up by congress)
Article IV
Federal - state and state - federal relationships
Article V
Amendment procedures (entrenchment)
Article VI
Miscellaneous provisions inc the supremacy clause
Article VII
Ratification procedure
What is the supremacy clause
Part of Article VI which states that the constitution (with treaties and federal laws) shall be supreme law of the land
1803 marbury v madison made this more explicit
1st Amendment
Freedom of religion, speech, the press and assembly
2nd amendment
Right to keep and bear arms
3rd amendment
No quartering of troops in private homes
4th amendment
Unreasonable searches and seizures prohibited
5th amendment
Rights of accused persons (don’t have to speak if you might incriminate yourself)
6th amendment
Rights of trial
7th amendment
Common-law suits
8th amendment
Excessive bail and cruel and unusual punishments prohibited
9th amendment
Un-enumerated (unlisted) rights protected
Ie rights listed in the constitution are not the only rights of individuals
10th amendment
Un delegated powers reserved to the states or to the people
Limits powers of the federal govt - what is not listed is down to states or people
What are the first 10 amendments to the constitution known as and when were they passed
Bill of rights 1791
13th amendment
Slavery prohibited 1865