Lecture 7: The US Constitution Flashcards
what was the predecessor of the consituttion
- Articles of Confederation (’77-’78)
when was the constitution formed
1787):
what was the central problem of the constitution
• Central problem: balance of order (an effective gov) and power
o Provide order but not enough to be self-serving
• Federalist vs anti-federalist when compromising
principals of constitution controlling power
- written const
- bill of rights
- separation of powers and check and balances
- federalism
how does a written constitution seperate power
reduces ambiguities, elevates above present day
how does a bill of rights seperate power
o Individuals’ rights and freedoms are guaranteed
o Seeks to limit gov power via establishment of non-interpretation
how does a seperation of powers works
a. SoP: dispersal of powers
Via strong federalism, 3 branches of gov
Constituencies and Terms of Office (senate=6, SC= life)
how does checks and balances work
b. CaB: ambition to check ambition, overlapping responsibilities
Overlap Examples:
• Legislation must be passed in identical language by both House and Senate, President may veto
• President nominates Supreme Court justices, Senate must confirm
• Congress (joint House and Senate) must declare war
types of federal power
inherent (const)= specified power i.e. point money regulate commerce
implicit (congress)= necessary laws made
reserved powers (state)= tax, local gov