Nature Flashcards
Vagueness (Amendments)
Amendment 2 - Right to bear arms. Amendment 8 - Freedom from cruel/unusual punishment. Amendment 9 - People’s power. Amendment 10 - State’s power.
Vagueness (Article)
Article I, Section 8 - Congress can make necessary and proper changes (Elastic clause).
Legislative framework
Article I
Executive framework
Article II
Judicial framework
Article III, Section I
How is it amended?
Amendment proposed by 1) a two thirds vote of both Congressional houses or 2) a two thirds request from all states by a convention. Amendment ratified by 1) 3/4 of state legislatures or 2) 3/4 of conventions called in each state.
Advantages of amendment process
Upholds federalism. Prevents abuse of power. Prevents ‘rushed’ amendments.
Disadvantages of amendment process
Difficult to remove outdated aspects. Difficult to incorporate new ideas. Undemocratic (13 states can block 37).