constitution and federalism Flashcards
what does codified mean?
it means its written in one single document, created by the founding fathers
what are the first 10 amendments known as?
the bill of rights
what does entrenched mean?
Article V entrenches the US constitution, which means that there is the requirement of a supermajority to change amendments, or a 3/4 majority in a ratifying convention of the states.
what is the bill of rights?
the bill of rights lists entrenched rights, these are protected by the constitution and cannot be changed on a legislative whim.
what are enumerated powers?
powers that are explicitly given to each branch of government
what are implied powers?
implied powers are those that are just suggested or a required for enumerated powers to be used
what do implied powers do for the constitution?
they give the constitution vagueness, which allows congress the freedom to make all laws “necessary and proper”.
what are the positives of the US constitution?
clarity: clearly outlined the structure of government with separation of powers between the three branches, preventing any one group from having too much power.
entrenched: preserves the intentions of the founding fathers and prevents populist movements from making poorly though through changes
vagueness: allows it to adapt to the modern world
what are the negatives of the US constitution?
vagueness: leaves a lot to interpretation. its hard to overturn a supreme court decision which arguably gives just the 9 justices the ultimate say over constitutional issues.
the extent of the federal government is unclear: the elastic clause article 1. the power of the federal government is unclear and has expanded since the constitution’s creation.
difficult to amend: because its entrenched
what is needed for an amendment?
2/3 majority in both houses or 2/3 states can call a constitutional convention to propose amendments.
what are the advantages of the amendment process?
key principles: protects key principles as the founding fathers intended. for example regul;ar elections and separation of powers.
states rights: protects small states rights. states with a small population can maintain their rights against the larger states, one of the main reasons for the continuation of the electoral college.
populism: makes it hard for any one group or populist movement to amend it. Example: Trump tweeted that he could end birth right citizenship as protected by the 14th amendment, with an executive order.
what are the disadvantages of the amendment process?
states are overrepresented: states have a changing population, some have grown (Idaho) and some have shrunk (Illinois). states with small populations get an equal say to larger states. example: the population of Wyoming is around 579,000 whereas California is around 39,537,000. the fact that each state has an equal say in the ratification process means that some populations are overrepresented and some are underrepresented.
undemocratic: 13 states can block the will of the people. example: feminist groups have been trying to bring about equal rights amendment since 1921. it is being blocked by a small number of states after getting a supermajority in both houses.
what is federalism
states have some of the same rights as the US government. Articles I-IV of the constitution sets out the powers of the states and the federal government. The 10th amendment gives all powers not given to the federal government in the constitution to the states.
what are some examples of federalism today?
Government given the states the option to block abortion, and some states have stricter rules on this than others, some preventing abortion at 6 weeks. after Roe v Wade was overturned.
Taxes
what does the seperation of powers do?
Separation of powers means that the 3 branches of government, legislature, executive, judiciary are totally separate.
