Constitution Flashcards
Why was the Constitution created and codified?
The Founding Fathers wanted to strike a balance between those who feared of large governmental tyranny and those who feared of rivalling states and anarchy. The Constitution was written to achieve a balance of power between the states and the federal government and prevent any branch of government dominating them (the people).
What are important articles/amendments in the Constitution?
Article 1, Section 8, 9 and 10 Article 6, Section 2 10th Amendment 14th and 15th Amendment 19th Amendment
What is Article 1, Section 8?
Enumerated Powers:
- Sets out all the powers granted by states to the federal govt. by the constitution. Any other powers should be reserved for the States
- Necessary and Proper Clause: Congress can do anything considered necessary and proper in order to carry out the enumerated and implied powers
- Necessary and Proper Clause: Centered around SC Case McCulloch vs Maryland (1819). Congress didn’t have the power to establish a national bank but it needed to do so to regulate commerce and collect taxes. Verdict was it was constitutional.
- The Commerce Clause: The federal govt. has the ability to regulate trade between states and foreign entities.
- The Commerce Clause: First brought up in SC Case Gibbons v. Ogden. Both were ferrying people from NY to NJ and argued the other was stealing their customers. Gibbon’s licence was from Congress while Ogden’s was from NY. The SC ruled in favour of Gibbons.
What is Section 1, Article 9 and 10?
Prohibited Powers:
- Preventing the federal government from certain actions that inhibit the rights of the people and of the states’ sovereignty
- Preventing the states from exercising any independent powers that are outside of their remit and should be conducted on a national scale
What is Article 6, Section 2?
The Supremacy Clause:
Federal law is superior to state law, if they have the constitutional powers to pass such bills
What is the 10th Amendment?
The Reserved Powers:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
What are the 14th and 15th Amendments?
The 14th Amendment provides citizenship to anyone born in the US - and included former slaves who had just been freed after the Civil War.
The 15th Amendment prohibits federal and state govt. from denying a citizen the right to vote based on their race, color, or previous condition of servitude.
What is the 19th Amendment?
This provided women with the right to vote - previously illegal before 1920.
Benefits of codification?
Limited Government: The rules for government are established so it becomes clear when government oversteps the mark.
Protection of rights: Rights are enshrined in the constitution meaning legislation cannot trample over these rights. For example, freedom of speech or the right to vote.
Clear rules for political procedure: Unlike the UK, a codified constitution allows for removal of precedent as a form of procedure. Things become far more clear-cut.
Amendments: The amendment system means that this important document cannot just be edited upon a whim but allows for breathing room in the case of important issues.
Downfalls of codification?
Rigidity: Codified constitutions are notoriously difficult to amend. The US Constitution has only had 27 amendments since 1787.
Amendments: While it’s possible to edit, the difficulty to change the constitution can mean outdated rules stay in there, such as the 2nd amendment.
Judicial tyranny: A codified constitution, is interpreted by the judiciary and as such it can be the case that judges can ‘legislate from the bench’ - who aren’t elected and SC judges have tenure so there is no repercussions bar impeachment, which is sparsely used. Undemocratic as they change based for personal benefit.
