constitution Flashcards
when was the US constitution ratified?
1788
what does article I establish?
legislature
what does article II establish?
executive
what does article III establish?
judiciary
what does article IV establish?
federalism
what does article V establish?
amendment process
what does article VI establish?
sovereignty of the constitution
what are enumerated powers?
formal, written powers
how many are in the senate?
100, 2 for each state
how many in the house of representatives?
435, based on population
what is the bill of rights made up of?
first 10 amendments
what did the 17th amendment do?
make the senate fully elected
what is the nature of the US Constitution?
- codified
- entrenched
- specific
what does it mean that the US Constitution is codified?
it is written in a single document
why did the founding fathers entrench the constitution?
to prevent a single party from changing it for their own self-interest = length amendment process
what does the term entrenched refer to?
the fact that the constitution is protected from those who would want to change or abolish it
how is the constitution vague and specific?
due to the enumerated and implied powers
what is an example of an implied power?
the power to draft people into the armed forces can be implied from congress’ power to raise an army
where do many of the implied powers come from?
the necessary and proper clause
where can the necessary and proper clause be found?
Article 1, section 8
what does the necessary and proper clause allow the constitution to do?
adapt to the changing circumstances of the US
what did the supreme court rule in McCulloch V Maryland 1819?
that the government had the right to create a national bank which Maryland could not tax as a business.
why did the supreme court rule that way in McCulloch v Maryland 1819?
because congress has the enumerated power to collect tax, which means a national bank was necessary and proper
what are the reserved powers?
any power not specifically delegated to the federal government belongs to the state
where can the received powers be found?
10th amendment
where can the supremacy clause be found?
article IV
what is the supremacy clause?
enshrines into the constitution that federal law is supreme
what does the supremacy clause mean for state law?
that if it conflicts with federal law, federal law takes precedence
why did the founding fathers want the amendment process to be difficult?
to prevent tyranny of parties ad individuals from changing the constitution to benefit them
what must there be congress to propose an amendment?
2/3 supermajority in BOTH houses
what must there be in the states to ratify an amendment?
3/4 supermajority
what is the amendment process a key feature of?
federalism
how many amendments have been proposed in congress?
over 12,000
how many amendments have been accepted by congress?
33
how many amendments have been ratified by the states?
27
what would the equal rights amendment have provided?
equality of rights by the federal or state government on account of sex.
what did the equal rights amendment fail to reach in 1982?
failed to reach 3/4 supermajority in the states
what would the district of Columbia voting rights amendments have done?
given the district of Columbia full representation in congress as if it were a state. DC would also be able to participate in the amendment process