Nature of Constitution Flashcards
Vagueness of the document, codification and entrenchment
Example of vagueness of the Constitution: The power of Congress ‘to provide for the common defence and general welfare of the United States’ (Article I), the power of Congress to make all laws “necessary and proper” for its ability to rule (Article I, Section 8 e.g. to provide for common defence and general welfare for the US.
Example of the specificity of the Constitution: The power ‘to collect taxes’ (Article I), the power to name post offices.
The constitutional framework (powers) of the US branches of government (Executive)
Main Role: Enforces laws
Commander-in-Chief – Directs the military and armed forces.
Example: President Obama authorized Operation Neptune Spear (2011) to kill Osama bin Laden.
Treaty Power – Negotiates and signs treaties, subject to Senate approval.
Example: President Obama signed the Paris Climate Agreement (2015); President Biden rejoined in 2021.
Appointment Power – Appoints federal judges, ambassadors, and key officials.
Example: President Biden appointed Merrick Garland (2021) as Attorney General.
Pardon Power – Grants pardons and reprieves, except in cases of impeachment.
Example: President Ford pardoned Richard Nixon (1974) after the Watergate scandal.
Veto Power – Rejects congressional legislation.
Example: President Trump vetoed the Defense Bill (2020) over social media policy concerns.
State of the Union – Recommends policies and addresses Congress on the nation’s status.
Example: President Biden delivered the State of the Union (2023), outlining his administration’s goals.
Convene or Adjourn Congress – Calls Congress into session during emergencies.
Example: President Truman convened a special session of Congress in 1948 to address civil rights and inflation.
Faithful Execution of Laws – Ensures laws are implemented and followed.
Example: The DACA program (2012) was implemented by executive action under President Obama.
Commission Officers – Appoints military officers and federal judges.
Example: Presidents routinely issue commissions to military generals and federal judges.
Receive Ambassadors – Represents the U.S. in diplomatic relations.
Example: President Trump met with Kim Jong Un (2018) as part of diplomatic efforts with North Korea.
The amendment process, advantages of the formal process.
Protects the rights of smaller states against larger states - Article V states ¾ of the US states must ratify an amendment
Means knee-jerk amendments will not be implemented - 2001 Tax Reconciliation Act would have meant the US government could not raise tax levy and would need to consider alternatives (due to high taxes that year) BUT criticise this with patriot act of 2001 which is controversial
Prevents populist amendments - Trump tweeted he would get rid of birthright citizenship, but this right is protected by the 14th amendment
Founding fathers intended for this process to be difficult
Prevents abuse of power - rejected of Bush’s request for a line-item veto power in 2006
The amendment process, disadvantages of the formal process.
Smaller states have the same say in constitutional amendments as larger states - Wyoming has a population of 580,000 but California has nearly 40 million
Difficult to adapt to modern day scenarios - Equal Rights Amendment was passed in both Houses in 1972, but not ratified due to not gaining ¾ majority of the states
Amendment process is undemocratic - only 13/50 states need to oppose an amendment to block it - Flag protection amendment got over 50% support but did not get super majority amongst states
