Articles & Amendments Flashcards

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1
Q

How is the US constitution amended

A

Through Article V - entrenchment

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2
Q

How many amendments have been added

A

27

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3
Q

Pros of the amendment process

A

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

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4
Q

Cons of the amendment process

A

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It is difficult to incorportate new ideas into US constitution- becoming out of date
Has allowed for poor amendments eg 18th repealed 4 years later by 21st (prohibition)

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5
Q

Article 1

A

All legislative powers vested in Congress (HoR & Senate)

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6
Q

Article II

A

Executive power vested in President

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7
Q

Article III

A

All judicial power vested in Supreme court (and lower courts set up by congress)

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8
Q

Article IV

A

Federal - state and state - federal relationships

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9
Q

Article V

A

Amendment procedures (entrenchment)

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10
Q

Article VI

A

Miscellaneous provisions inc the supremacy clause

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11
Q

Article VII

A

Ratification procedure

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12
Q

What is the supremacy clause

A

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

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13
Q

1st Amendment

A

Freedom of religion, speech, the press and assembly

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14
Q

2nd amendment

A

Right to keep and bear arms

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15
Q

3rd amendment

A

No quartering of troops in private homes

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16
Q

4th amendment

A

Unreasonable searches and seizures prohibited

17
Q

5th amendment

A

Rights of accused persons (don’t have to speak if you might incriminate yourself)

18
Q

6th amendment

A

Rights of trial

19
Q

7th amendment

A

Common-law suits

20
Q

8th amendment

A

Excessive bail and cruel and unusual punishments prohibited

21
Q

9th amendment

A

Un-enumerated (unlisted) rights protected

Ie rights listed in the constitution are not the only rights of individuals

22
Q

10th amendment

A

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

23
Q

What are the first 10 amendments to the constitution known as and when were they passed

A

Bill of rights 1791

24
Q

13th amendment

A

Slavery prohibited 1865

25
Q

14th amendment

A

Ex slaves made citizens - including ‘equal protection’ and ‘due process’ clauses
1868

26
Q

15th amendment

A

Federal govt granted power to impose income tax

1913

27
Q

17th amendment

A

Direct election of the senate

1913

28
Q

22nd amendment

A

Two term limit for president

1951

29
Q

25th amendment

A

Presidential succession and disability procedures
1967

WEST WING TV show when president steps down when his daughter is kidnapped

30
Q

26th amendment

A

Voting age lowered to 18

1971

31
Q

Which is the only amendment to have been ratified by state constitutional conventions in 3/4 states rather than the more usual 3/4 of state legislatures

A

21st amendment - repealed prohibition

32
Q

How many amendments ratified by congress have been ratified by states

A

27 of 33

33
Q

How many amendments have failed at the final state ratification level and give an example

A

6
District of Columbia voting rights amendment which would have granted the the district (the federal capital) full representation is if it were a state