Constitution Flashcards
Most common amendment process
Proposed by 2/3 of the House and Senate
Ratififed by 3/4 of the state legislature (38 states)
Used 26 times
Second used amendment process
Proposed by 2/3 of the House and Senate
Ratified by ratifying conventions in ¾ of the states
Used once- 21st Amendment (repealed the 18th amendement of prohibition)
2 amendment processes never used
Propsed by legislature in ⅔ of the states calling for a national constitutional convention
Ratified by 3/4 of the state legislature or ratfying conventions in 3/4 states
Key amendments to the constitution
Bill of rights 1791
1st Amendment freedom of relgion+ speech+ the press and assembley
2nd Amendment right to bear arms
10th Amendment un-delegated power is reserved to the states and the people
Later amendments
13th amendment 1865- abolished slavery and involuntary servitude, except as punishment for a crime
22nd amendment 1951 two-term limit for the president
Federal power examples
Death penalty
Taxation
Majiranna
Abortion
Drinking age
Devolution power examples
The UK is Quasi-federalism
Prescriptions
Only Scotland has control of free uni (asymetric devolution- unequal power)
Legislative- make laws that are enforced within their territories
Administrative- powers and responsibility to implement that administer the laws and to organise state services
Financial- funds available by the central gov so that they can provide services. Allows devolved govs to raise their own funds through tax or other means- financially independent
Federalism origins
Philadelphia Convention 1787- wrote and signed the constitution
Disagreement between those who wanted the states to remain sovereign and those who wanted a more centralised, fed arrangement
Compromise- the power of the new fed gov would be limited in reach
The growth of population increased the role for the fed gov
The population grew from just under 4 mill in 1790 to 322 million by 2016. Required management by a growing gov
The growth of industrailsiation increased the role for the fed gov
Need for gov regulation- the fed executive Department of Commerce and Labour was formed in 1903 before being split into separate departments just 10 years later
The Great Depression increased the role for the fed gov
1929 the states looked to the federal gov to cure their problems.
The state govs didn’t possess the necessary resources to reverse the huge levels of unemployment, launch vast public work schemes or rescue agriculture from the effects of the dust bowl conditions.
Roosevelt’s New Deal 1933- an ambitious schemes to build roads, schools and provide hydroelectric power- helped get the USA back to work
Reaction- the national gov pulled the state gov out of the hole they were in
Supreme Court decisions increased the role of fed gov
Decisions made between 1937-70s- further enhanced the power through their interpretation of the implied powers of the Constitution.
The Court applyed a more expansive meaning to the powers allocated to Congress in Article I Section 8 of the Constitution.
Especially the case in the ‘necessary and proper clause, the common defence and general welfare clause’ and the ‘commerce clause’
Constitutional Amendments increased the role of fed gov
14th Amendment in 1886 has been used by the Sup C to invalidate states laws requiring public (state) school segregation and other forms of racial discrimination
Bush and Obama’s use of the fed gov
HELP!!!!
Phases of Federalism
HELP!!!
UK vs US constitution origins similarities
Both are partly a product of the culture and societies that shaped them.
US example- 24th Amendment 1964 was a response to the CRM
UK example- 24 bishops from the CoE in the Lords
UK vs US constitution origins differences
The American Constitution was in 1789 almost fully grown but the British has emerged piecemental.
The English Civil War of the 17th century failed to have long-lasting effects as the monarchy was quickly restored
UK vs US constitution nature similarities
US is written and the UK is partially written (Magna Carta)
UK vs US constitution nature differences
Structurally- US vastly codified, the UK is uncodified eg. acts of Parliament, Common Law
The US is a single document containing the constitutional arrangements- the Sup C’s power of judicial review is not in the constitution nor primary elections
Convention became a part of the US Constitution- Washington declined a 3rd term in 1796, he put in place the convention of a 2-term limit. Broken by Roosevelt in 1940, having 4. The convention was formalised in the 22nd Amendment (1951)
Entrenchment
US Constitution- length of terms for members in the House and the Senate is fixed at 2 and 6 years. Change would require a constitutional amendment with the necessary super-majorities in both houses and state legislatures.
The length of terms for members of Commons is fixed at 5 years.
By an Act of Parliament-the Fixed-Term Parliaments Act (2011).
Another Act-passed by simple majorities in both houses can reverse this- successful in 2022
UK vs US constitution democracy and soverignty similarities
Both constitutions can be said to be based on the principle of democracy
UK vs US constitution democracy and soverignty differences
US allows a greater role in the electoral processes than the UK eg. Senate has been directly elected since 1914 whereas the Lords isn’t
The election of the president has evolved indirect to a virtually direct- PM is indirect
British have fewer opportunities for democratic participation eg. the US has initiatives, referendums. The UK has used referendums 13 times since 1973 but only 3 (1975, 2011, 2016) have been nationwide
UK vs US constitution provisions similarities
Representative democracies
Divided into 3 branches legislature, executive and Judiciary
Bicameral legislature.
A Supreme Court
Fixed-term elections (some wiggle room in provide the UK) eg. April 2017 PM May announced her intention to call an early election-in June-all she required was 2/3 majority vote in the Commons as said in the 2011 Act.
Federalism and devolution
UK vs US constitution provisions differences
Bicameral legislatures- Senate has little resemblance in selection, membership or powers to the HOL
Supreme C’s- same name, but the US holds more importance than the UK
Devolved- the relationship between London and the devolved govs is not the same as that between Washington and the states
UK vs US constitution separation/fusion of powers differences
US- legislature and the executive are entirely separate. No one in the executive can be serve in the legislature and vice versa for Congress members
Whereas British ministers operate in the executive and legislative branches. Also, PM is head of the executive branch and leads their party in the Commons.
Until the UK Supreme Court in 2009, the Law Lords in the HOL served in the legislature and the judiciary, and the Lord Chancellor served in all 3 branches- member of the cabinet.
President cannot prematurely end a Congress and call new elections. Whereas Parliament can cause the downfall of an entire gov through a vote of no confidence eg. PM Callaghan in 1979 vote of no confidence
UK vs US constitution checks and balances differences
US Const was written to protect the rights of the governed- limit the power of gov. Whereas, UK Const evolved to protect the powers of the gov
End result for the US is the diffusion of power and the obstruction of strong gov- often ends with gridlock. Whereas for the UK there is a concentration of power and the promotion of strong normally 1 party gov
UK vs US constitution federalism/devolution similarities
Seek to serve the same purpose- give power and legitimacy to local communities in the nation and to give voice to growing regional or nationalist pressures.
Mechanisms for answering calls for gov to be ‘nearer to the people’
Attempt to overcome a feeling of distant alienation from those furthest from the centre of national power
Both born out of wanting independence- Scottish calls to rule over themselves and for the US the Philadelphia Convention
UK vs US constitution federalism/devolution differences
Federal- certain powers are solely for the national gov, other specific and substantive powers are solely for the state govs, and some are shared. Whereas all devolved power exists with the agreement of the national gov and can be reclaimed eg. 1972, the UK gov suspended the NI Parliament at and replaced it by direct rule from the Westminster Parliament.
The states are not below the national gov but alongside it, sovereign in their own areas of substantive jurisdiction. Whereas only the national gov is sovereign in the UK
Federalism is entrenched whereas devolution can easily be revoked by a powerful gov
