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US CONSTITUTION ROBBIE > Nature of the Constitution > Flashcards

Nature of the Constitution Flashcards

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1
Q

what 3 terms are used to describe the nature of the u.s constitution

A

Codified, Entrenched and ‘Vague and Specific’

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2
Q

the constitution is codified. this means that it is clearly written in what

A

A single Document

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3
Q

Originally, how many articles were in the constitution

A

7 Articles

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4
Q

For example, Article V lays out which process

A

the Amendment process

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5
Q

For example, Article I,II & III lay out the powers of which three branches of Government

A

The legislature, Executive and Judiciary.

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6
Q

The US constitution is codified and has been through an ‘Authoritative Process’ . what does this mean

A

that the Constitution sets out the rules for creating law

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7
Q

the Codified US constitution by virtue also has which other quality

A

Entrenched

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8
Q

why did the FFs intentionally codify the constitution

A

to make difficult the process of its change by a single person/party

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9
Q

the U.S’s constitution is codified, which nation’s constitution doesn’t share this

A

the U.K

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10
Q

The 2nd Natural quality of the us constitution is that it is what

A

Entrenched

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11
Q

The us constitution is entrenched. what does this mean?

A

it is difficult to change/abolish

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12
Q

the us consitution is entrenched and thus hard to change/ get rid of. what does this mean about the amendment process

A

That it is extremely difficult and Rigid

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13
Q

which article of the constitution lays out the amendment process

A

Article V

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14
Q

If the FFs were sceptical of change, why did they include an amendment process at all?

A

they acknowledged change would need to occur for the constitution to apply in the modern day but wanted this process to be difficult.

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15
Q

the Amendment process in Article V comes in 2 stages. name the 2 stages

A

Proposal and Ratification.

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16
Q

what proportion of both houses of the legislature must agree on a proposed amendment for it to pass the proposal stage

A

2/3s of both houses (67/100,290/435)

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17
Q

who is a proposed amendment passed on to once it receives enough support in congress

A

the 50 states

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18
Q

what proportion of the states must agree to ratify the amendment for it to be officially ratified

A

3/4s of the states (38/50)

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19
Q

although never historically successful, who can propose an amendment other than the legislature

A

the States

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20
Q

The amendment process is a key feature of which principle

A

Federalism

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21
Q

why is the amendment process a key feature of federalism

A

the states and fedgov cannot change the constitution alone and must have approval from both

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22
Q

how many amendments have been passed in the last 200 years

A

15

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23
Q

how many amendments have congress passed in the history of the U.S

A

over 11,000

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24
Q

how many amendments proposed by congress passed through the proposal stage

A

33

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25
Q

how many of the 33 amendments that passed the proposal stage were ratified

A

27

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26
Q

which method of drafting amendments has never been used

A

calling for a constitutional convention

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27
Q

which amendment was passed in 1992

A

the 27th Amendment

28
Q

when was the 27th Amendment (limiting congressional pay rises) first ever proposed in congress

A

1789

29
Q

which 2009 proposed amendment aimed to abolish the electoral college and replace it with an overall popular vote

A

Every Vote Counts Amendment

30
Q

what happened to the Every Vote counts amendment

A

it died in congress

31
Q

which failed amendment that aimed to give full voting rights to D.C failed in 1985, despite passing through the proposal stage

A

the District of Columbia Voting Rights Amendment

32
Q

which failed amendment that aimed to criminalise the desecration of the US flag died in congress numerous times

A

The Flag protection Amendment

33
Q

which US supreme court case did the Flag Protection Amendment aim to overrule

A

US v Eichmann 1990

34
Q

what was the ruling in the US v Eichmann case

A

overturning of the Flag Protection Act due to violation of 1st A rights

35
Q

how many attempts have there been to abolish the EC, demonstrating the difficulty of the Amendment process

A

over 700 attempts

36
Q

which two features of Amending the constitution further add to its rigidity and difficulty

A

Polarisation and Filibustering

37
Q

Polarisation can refer to strong divisions between the republicans and democrats. why does this make the amendment process more difficult

A

Much harder to reach consensus/agreement

38
Q

which of the two houses has a reputation for Filibustering?

A

The Senate

39
Q

what does filibustering refer to

A

an effort to prevent a vote on something (e.g an amendment) by extending debate by an obscene amount of time

40
Q

in the senate, debates are allowed to continue until when

A

60 senators agree to end debate and hold a vote

41
Q

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

A

41 senators.

42
Q

for which 2 issues is filibustering not permitted

A

approval of judicial appointments and SCOTUS approvals

43
Q

the 3rd natural quality of the US constitution is that it is what

A

Vague and Specific

44
Q

what are the 3 types of powers laid out in the constitution for the government and the states

A

Enumerated, implied and Reserved

45
Q

where in the constitution are the Enumerated powers specified

A

Article I,II and III

46
Q

Enumerated powers laid out in Article I, II and III demonstrate what quality of the constitution

A

its SPECIFICITY

47
Q

Implied powers demonstrate what quality of the US constitution

A

Its VAGUENESS

48
Q

Implied powers refers to the powers of fedgov but these powers are not what

A

Explicitly mentioned.

49
Q

from which type of powers do implied powers derive from

A

Enumerated Powers

50
Q

the Fedgov has the enumerated power ‘to provide for the common defence and general welfare of the US’. what implied power derived from this?

A

Congress’s power to collect taxes (to contribute to the defence of the US)

51
Q

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

A

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)

52
Q

Where do many of the actual implied powers come from?

A

the ‘Necessary and Proper’ clause

53
Q

where can the ‘necessary and proper’ clause be found

A

Article I, Section 8

54
Q

what is the ‘necessary and proper’ clause also known as

A

the ‘Elastic’ Clause

55
Q

By referring to powers as being ‘elastic’, what is the constitution allowing itself to do

A

bend and stretch to adapt

56
Q

Which supreme court case demonstrates the necessary and proper clause in action

A

McCulloch V Maryland 1819

57
Q

in McCulloch v Maryland, what did the Supreme court rule that could be created, which the state of Maryland could not tax

A

A National Bank

58
Q

In McCulloch v Maryland, the creation of the national bank was considered ‘proper and necessary’ due to what

A

Congress’s enumerated power to collect Taxes

59
Q

where in the constitution are the ‘reserved’ powers laid out

A

in Amendment 10.

60
Q

What are the Reserved Powers?

A

Powers not delegated to the Fedgov or explicitly prohibited to the states

61
Q

Concurrent powers are also laid out in the constitution. what are they?

A

Powers shared by FedGov and the States e.g building roads, collecting taxes

62
Q

What clause can be found in Article IV

A

the Supremacy Clause

63
Q

where can the Supremacy clause be found

A

Article IV

64
Q

what does the Supremacy clause enshrine?

A

that National Law is Supreme

65
Q

The Supremacy Clause means that national law takes __________ and ___________ any conflicting state law

A

Precedence, Supersedes

66
Q
A

US CONSTITUTION ROBBIE (8 decks)

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