COnstitution Flashcards

1
Q

When was the Constitutional Convention?

A

May-September 1787

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2
Q

What was the tension in the country?

A

How to balance freedom and the right to resist with stability and effective governance.

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3
Q

What was emphasised in the final constitution?

A

Representative government - NOT democracy.
The original constitution didn’t have any one person, one vote ideas.
Further seen in the indirect election of the President, elected by electoral college
The senate was also initial chosen indirectly by state legislatures.

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4
Q

Which amendment made the senate democratically elected?

A

17th

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5
Q

What did the constitution fear?

A

Mass democracy
They wanted stability not democracy.

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6
Q

How does the constitution reflect its time period?

A

It was written by all white christian males, who were all slave and lad owners, and wanted no desire to shift power away from the elite.

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7
Q

How is the order of the articles significant?

A

Congress goes first, suggesting it is the principal player
The president is then envisaged as more of a trouble-shooter
SCOTUS come last, with no specific details mentioned.

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8
Q

Why was the President not wanted to be powerful?

A

hey had escaped the tyranny of one monarch, and didn’t;t want to just have a US version of that.

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9
Q

In which three ways was the consitutiton a big old compromise?

A

-Connecticut Compromise
-Compromise between states with large populations of enslaved people
-Compromise between founding fathers who wanted central government and those who wanted state government

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10
Q

What is an implied power?

A

Powers outlined vaguely in the constitution

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11
Q

What is an example of an implied power?

A

COngress was given the power to provide for the defence and welfare of the country
What does this mean? What does this justify?

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12
Q

What are enumerated powers?

A

Specific powers delegated, such as President acting in power.

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13
Q

What is sovereign in America?

A

The Consituttion. It is the supreme law of the land.

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14
Q

Why is the constitution deliberately hard to amend?

A

The constitution is fundamental law, so it is very important. The founding fathers didn’t want it to be chopping and changing all the time. This also means that it provides stability and effective governance.

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15
Q

What is the first route an amendment a take to be ratified?

A

2/3rds majority in both houses
Ratified by 3/4 of states

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16
Q

What is the second route an amendment can be ratified through?

A

At a constitutional convention called by 2/3rds state
3/4 states must ratify it.

17
Q

How many amendments have there been

A

27

18
Q

What is the main reason amendments are passed?

A

Response to specific situations, such as the 22nd Amendment.

19
Q

Are all amendments built equally?

A

No - some have more power than others.
Example is 23rd which gave DoC electoral college votes.

20
Q

When was the 13th amendment passed + what did it do?

A

1865 - banned slavery

21
Q

When was the 17th amendment passed and what is in it?

A

Introduced direct election to the senate in 1913

22
Q

What are the 3 arguments that the constitution is too hard to amend:

A

-Rights can’t be properly protected
-Informal amendments are allowed to occur
-Amendements can easily go out of date

23
Q

Rights are not protected in the consitutiton

A

It’s stopped from being updated due to how hard it is for amendments to be passed.

24
Q

Amendments can easily go out of date

A

Electoral college and second amendment.

25
Q

How many mass shootings was there inn 2023

A

623

26
Q

What are informal amendments to the constitution

A

Supreme court judgements which interpret the constitution in varying ways vi judicial review.

27
Q

When was Obergefell v Hodges?

A

2015

28
Q

What is the debate around informal amendments?

A

There is no way we can know the framers intentions about whether gay people deserve rights or other modenr issues, so decisions should be left to state legislatures.

29
Q

What are 3 arguments that the constitution is NOT too hard to amend

A

-clauses can be repealed and reformed
-Informal clauses are good!
-change should only happen when there is wide spread support due to the weight and amendment can carry