Nature Of The Consitution Flashcards
What are enumerated powers?
Powers given directly from the constitution
What are implied powers?
Federal government powers not explicitly mentioned in the constitution
Why is the constitution often described as vague or flexible?
‘Necessary and proper clause’ Article 1, Section 8
Which allows federal government to change and adapt
What was the aim of the founding fathers and how did they achieve this?
A perfect constitution which protected the country from tyranny
Entrenched and codification with strong checks and balances written in
How did the founding fathers fail?
All white males who were often slave owners and didn’t make provisions for those unlike themselves
How are rights protected in the US
Bill of rights
1st Amendment freedom of speech / religion / expression
2nd To bear arms in the face of tyranny
10th States reserved rights
How is the constitution changed and how common is this?
Through conventions but this has only happened once
27 Amendments since the original process
However 12,000 proposed so there’s only a 0.2% success rate (arguably causing a tyranny of the minority)
Why is the constitution tricky to amend?
The FF ensured it couldn’t be changed on a whim through an extensive process
It need to be supported by super majority’s
Why would some argue the constitution doesn’t need changing?
The Supreme Court has the ability to re interpret laws to modernise them
What presidents proposed constitutional changes?
17 by Clinton
6 by Bush
What did the FF intend for within Congress?
Bi partisanship - parties working together to pass legislation and fulfils congressional duties
What is the reality within congress today?
Impact of polarisation has caused extreme lengths of approval time so government working is less effective
35/48 of the last years government has been divided
Partisanship is more common increasing government grid lock ie Trumps administration
What recent examples of Bi Partisanship is there?
2001/02 Educational reforms by Bush had the support of leading democrat Senator Edward Kennedy
1998/99 Impeachment of Bill Clinton
What does the constitution ensure about government?
That it remains limited.
A watchmen state proposed by the ideas of John Locke
How has government changed since the original idea
1930s New Deal federal government has become more interventionist with increased responsibility
1960s Johnson’s ‘Great Society’
