Constutional Vagueness

Question 1

How is the US constitution combined with specificity ?

Answer 1

Enumerated powers

Question 2

US constitution combines specificity

What is enumerated powers

Answer 2

Constitution explicitly and specifically set out the powers of different branches

Question 3

US constitution combines specificity

Example of enumerated powers ?

Answer 3

Tenth amendment sets out any powers not delegated by constitution as reserved by the state

Question 4

US constitution combines specificity

What is delegation of powers ?

Answer 4

transfer of a specific authority by one of the three branches of government (executive, legislative, and judicial) to another branch or to an independent agency.

Question 5

What is the two characteristics of the vagueness of the constitution

Answer 5

1. Elastic clause ALSO KNOWN AS Implied powers and the necessary and proper

Question 6

What is Elastic clause ALSO KNOWN AS Implied powers and the necessary and proper

Answer 6

because it gives Congress some flexibility and elasticity in its powers. Basically, this means that Congress’s powers can stretch and retract over time based on the country’s needs.

Question 7

Vagueness

Example of congress enumerated power

Answer 7

Congress has enumerated to provide common defense and general welfare to US meaning can collect taxes to provide for defence - not specifically set out

Question 8

Example of the implied powers from the necessary and proper/elastic clause

Answer 8

As majority of the implied powers relate to the ‘final clause of article 1, section 8 of the constitution

Question 9

Vagueness

What does the final clause of article 1, section 8 of the constitution give congress and give example of this

Answer 9

Congress can make all laws necessary and proper to carry our execution of enumerated powers of congress or the federal government
E.g commerce clause and US V LOPEZ 1995

Question 10

3 Advantages of constitution vagueness

Answer 10

1. Allow constitution to modernise in the 20th century by implied powers without difficult use of formal amendment to connect with strong federal goverment to mantain US largest economy and greatest power
2. Implied powers allows the core principles of the constitution to be maintained and not threatened
3. Supreme Court ensures that implied powers can be used but not stretched too far protecting power of state e.g United States V Lopez

Question 11

3 disadvantages of the vagueness of constuition ?

Answer 11

1. Use of implied powers allows the constutuon to develop and change without consent of population, formal amendment would agree
2. Vagueness of constitution and implied powers gives unelected Supreme Court far too much power to interpret constitution
3. Makes federal goverment far more powerful than the founding fathers predicted

Question 12

What is federalism

Answer 12

Political system where power is split/divided between central gov and regions

Question 13

What is specific powers

Answer 13

Allocated to each level of goverment and permanent so cannot be replaced

Question 14

What is implied powers

Answer 14

political powers granted to the United States government that aren’t explicitly stated in the Constitution

Question 15

What is the bill of rights ?

Answer 15

First ten amendments

Question 16

What is the bill of rights deigned to do ?

Answer 16

Designed to place constrain upon powers of the federal government and make constitution more acceptable to state

Question 17

Example of amendment and bill of right

Answer 17

1st amendment : freedom of speech
2nd amendment : people’s right to bear arms e.g district of Columbia V Heller (2008) but controversial due to Malitia