Nature of the Constitution Flashcards
what 3 terms are used to describe the nature of the u.s constitution
Codified, Entrenched and ‘Vague and Specific’
the constitution is codified. this means that it is clearly written in what
A single Document
Originally, how many articles were in the constitution
7 Articles
For example, Article V lays out which process
the Amendment process
For example, Article I,II & III lay out the powers of which three branches of Government
The legislature, Executive and Judiciary.
The US constitution is codified and has been through an ‘Authoritative Process’ . what does this mean
that the Constitution sets out the rules for creating law
the Codified US constitution by virtue also has which other quality
Entrenched
why did the FFs intentionally codify the constitution
to make difficult the process of its change by a single person/party
the U.S’s constitution is codified, which nation’s constitution doesn’t share this
the U.K
The 2nd Natural quality of the us constitution is that it is what
Entrenched
The us constitution is entrenched. what does this mean?
it is difficult to change/abolish
the us consitution is entrenched and thus hard to change/ get rid of. what does this mean about the amendment process
That it is extremely difficult and Rigid
which article of the constitution lays out the amendment process
Article V
If the FFs were sceptical of change, why did they include an amendment process at all?
they acknowledged change would need to occur for the constitution to apply in the modern day but wanted this process to be difficult.
the Amendment process in Article V comes in 2 stages. name the 2 stages
Proposal and Ratification.
what proportion of both houses of the legislature must agree on a proposed amendment for it to pass the proposal stage
2/3s of both houses (67/100,290/435)
who is a proposed amendment passed on to once it receives enough support in congress
the 50 states
what proportion of the states must agree to ratify the amendment for it to be officially ratified
3/4s of the states (38/50)
although never historically successful, who can propose an amendment other than the legislature
the States
The amendment process is a key feature of which principle
Federalism
why is the amendment process a key feature of federalism
the states and fedgov cannot change the constitution alone and must have approval from both
how many amendments have been passed in the last 200 years
15
how many amendments have congress passed in the history of the U.S
over 11,000
how many amendments proposed by congress passed through the proposal stage
33
how many of the 33 amendments that passed the proposal stage were ratified
27
which method of drafting amendments has never been used
calling for a constitutional convention
which amendment was passed in 1992
the 27th Amendment
when was the 27th Amendment (limiting congressional pay rises) first ever proposed in congress
1789
which 2009 proposed amendment aimed to abolish the electoral college and replace it with an overall popular vote
Every Vote Counts Amendment
what happened to the Every Vote counts amendment
it died in congress
which failed amendment that aimed to give full voting rights to D.C failed in 1985, despite passing through the proposal stage
the District of Columbia Voting Rights Amendment
which failed amendment that aimed to criminalise the desecration of the US flag died in congress numerous times
The Flag protection Amendment
which US supreme court case did the Flag Protection Amendment aim to overrule
US v Eichmann 1990
what was the ruling in the US v Eichmann case
overturning of the Flag Protection Act due to violation of 1st A rights
how many attempts have there been to abolish the EC, demonstrating the difficulty of the Amendment process
over 700 attempts
which two features of Amending the constitution further add to its rigidity and difficulty
Polarisation and Filibustering
Polarisation can refer to strong divisions between the republicans and democrats. why does this make the amendment process more difficult
Much harder to reach consensus/agreement
which of the two houses has a reputation for Filibustering?
The Senate
what does filibustering refer to
an effort to prevent a vote on something (e.g an amendment) by extending debate by an obscene amount of time
in the senate, debates are allowed to continue until when
60 senators agree to end debate and hold a vote
because 60 senators must agree in order for a debate to end, how many senators then can stop a vote from taking place on an issue
41 senators.
for which 2 issues is filibustering not permitted
approval of judicial appointments and SCOTUS approvals
the 3rd natural quality of the US constitution is that it is what
Vague and Specific
what are the 3 types of powers laid out in the constitution for the government and the states
Enumerated, implied and Reserved
where in the constitution are the Enumerated powers specified
Article I,II and III
Enumerated powers laid out in Article I, II and III demonstrate what quality of the constitution
its SPECIFICITY
Implied powers demonstrate what quality of the US constitution
Its VAGUENESS
Implied powers refers to the powers of fedgov but these powers are not what
Explicitly mentioned.
from which type of powers do implied powers derive from
Enumerated Powers
the Fedgov has the enumerated power ‘to provide for the common defence and general welfare of the US’. what implied power derived from this?
Congress’s power to collect taxes (to contribute to the defence of the US)
often the Enumerated powers in the Constitution refer to the Ends (e.g. power to raise an army). Implied powers derive from these meaning that they refer to what
The Means (i.e. the process used to achieve the ends) for example conscription may be the process by which the FedGov carries out its power of raising an army but conscription isn’t an explicitly mentioned power( and is thus implied)
Where do many of the actual implied powers come from?
the ‘Necessary and Proper’ clause
where can the ‘necessary and proper’ clause be found
Article I, Section 8
what is the ‘necessary and proper’ clause also known as
the ‘Elastic’ Clause
By referring to powers as being ‘elastic’, what is the constitution allowing itself to do
bend and stretch to adapt
Which supreme court case demonstrates the necessary and proper clause in action
McCulloch V Maryland 1819
in McCulloch v Maryland, what did the Supreme court rule that could be created, which the state of Maryland could not tax
A National Bank
In McCulloch v Maryland, the creation of the national bank was considered ‘proper and necessary’ due to what
Congress’s enumerated power to collect Taxes
where in the constitution are the ‘reserved’ powers laid out
in Amendment 10.
What are the Reserved Powers?
Powers not delegated to the Fedgov or explicitly prohibited to the states
Concurrent powers are also laid out in the constitution. what are they?
Powers shared by FedGov and the States e.g building roads, collecting taxes
What clause can be found in Article IV
the Supremacy Clause
where can the Supremacy clause be found
Article IV
what does the Supremacy clause enshrine?
that National Law is Supreme
The Supremacy Clause means that national law takes __________ and ___________ any conflicting state law
Precedence, Supersedes
