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It is difficult to incorportate new ideas into US constitution- becoming out of date
Has allowed for poor amendments eg 18th repealed 4 years later by 21st (prohibition)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