nature of the constitution

Question 1

the drafting of the US constitution came out of the constitutional convention in

Answer 1

Philadelphia in may 1787

Question 2

delegates from x states came together to agree on how US would be governed

Answer 2

13

Question 3

the constitution took four months to write and was completed on the

Answer 3

17th September 1787

Question 4

there were two differing opinions on how states should be represented in congress

Answer 4

• states with large pop wants representation based on pop
• states with small pop wanted equal representation per state

Question 5

the Connecticut compromise agreed on a bicameral structure of congress , in which the senate has

Answer 5

equal representation per state and the Hot has representation based on pop

Question 6

there was disagreement between states in the north and the south about

Answer 6

whether slaves should be counted as part of the states pop
as southern states had a large no of slaves it would increase their representation in HoR

Question 7

the three fifths compromise settled on counting slaves as

Answer 7

three fifths of a person

Question 8

the three fifths compromise remained a part of the constitution until

Answer 8

December 1865 when the 13th amendment abolished slavery

Question 9

the preamble to the US constitution

Answer 9

” we the people of the United States , in order to form a perfect Union , establish Justice , insure domestic tranquility , provide for the common defence , promote the general welfare , and secure the blessings of liberty to ourselves and our prosperity , do ordain and establish this constitution for the United States of America “

Question 10

Article I - Legislative branch

Answer 10

sets out that legislative powers are held by congress , which consists of the senate and HoR
sets out the composition of both chambers , the process of law making and the key powers of Congress

Question 11

Article II - Executive Branch

Answer 11

sets out that executive power is held by the president , who is elected every 4 years and can be removed through impeachment
sets out how the president is elected and the powers of the president

Question 12

Article III - Judicial Branch

Answer 12

sets out that judicial power is held by the SC and lower courts

Question 13

Article IV - Relationship between the states

Answer 13

sets out the relationship between he states , as well as the relationship between the states and the federal government
sets out the powers of the states , as well as the procedure for how new states can join the US

Question 14

Article V - amending the constitution

Answer 14

sets out the process for amending the constitution

Question 15

Article VI - Prior debts , national supremacy clause and oaths of office

Answer 15

includes various provisions , including the supremacy clause

Question 16

Article VII - ratification procedure

Answer 16

sets out the procedure for how the constitution was ratified
9/13 colonies were required to agree

Question 17

on top of the 7 articles , 27 amendments have been made to the constitution , the first ten of these were passed soon after the constitution was created in 1791 and are known as

Answer 17

the bill of rights

Question 18

the bill of rights was passed in order to

Answer 18

safeguard the rights of indviduals as well as that of states in relation to federal government

Question 19

first amendment - freedom of religion speech press assembly and petition

Answer 19

” congress shall make no law respecting an establishment of religion , or prohibiting the free exercise thereof or abridging the freedom of speech or the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances “

Question 20

Second amendment - right to bear arms

Answer 20

” a well regulated militia , being necessary to the security of a free state the right of the people to keep and bear arms , shall not be infringed “

Question 21

tenth amendment - rights reserved to the states

Answer 21

” the powers not delegated to the US by the constitution nor prohibited by it to the states , are reserved for the states respectively , or to the people “

Question 22

just 17 amendments have been passed since the bill of rights and just

Answer 22

1 has been passed since 1791

Question 23

further , the 21st amendment simply repealed the 18th amendment which had prohibited

Answer 23

the manufacturing or sale of alcohol in the US

Question 24

thirteenth amendment - abolition of slavery

Answer 24

” neither slavery nor involuntary servitude , except as a punishment for crime whereof the party shall have been duly convicted shall exist within the US or any place subject to their jurisdiction “
ratified 6th December 1865

Question 25

nineteenth amendment - womens suffrage rights

Answer 25

” the right of citizens of the US to vote shall not be denied or abridged by the US or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation”
ratified 18th august 1920

Question 26

the US constitution is codified because unlike the UKs constitution it is written down in a single document which sets out

Answer 26

the structure and rules of the governance of the US

Question 27

the indviduals and institutions that govern the US derive their authority from

Answer 27

the constitution

Question 28

the supremacy clause contained in Article VI of the constitution crucially sets out that the constitution is

Answer 28

’ higher law ‘ than any other legislation passed in the US , either by the federal gov or by states
as a result other legislation can be struck down and unmade by the judiciary if it doesn’t abide by the constitution

Question 29

the US constitution is entrenched because it is very difficult to change , with the amendment process requiring the

Answer 29

supermajorties and the consent of multiple parts of the US political system

Question 30

this means that it is specifically protected and that there have been very few

Answer 30

amendments to the constitution since it was first introduced

Question 31

AMMENDMENT PROCESS
- stage one proposal

Answer 31

there are two wats that amendments can be proposed

• through a 2/3 vote in both houses of congress
• through a 2/3 vote in national convention called by 2/3 of state legislatures.

The latter has NEVER been used

Question 32

AMMENDMENT PROCESS
- stage two ratification

Answer 32

there are two ways amendment can be ratified

• through a majority vote in 3/4 of state legislatures
• through a majority vote in 3/4 of special state conventions

the former has been used successfully 26 times . the latter has been used just once to repeal the 18th amendment.

Question 33

the founding fathers recognised the need to amend the constitution but made it a very difficult process in order to

Answer 33

prevent reactive changes and to protect its key principles and provisions

Question 34

this difficult amendment process has led to there being very few amendments with just 17 passed in the over 200 years since the bill of rights 2 of which cancelled each other out any further amendments seem

Answer 34

highly unlikely in the current states of US politics which is deeply partisan and divided

Question 35

successful amendments
the sixteenth amendment - income tax

Answer 35

19th century majority of federal revenue came from tariffs , latter half of century opposition to tariffs as unfairly taxed the poor
1894 Wilson-Gorman tariff act sought to introduce income tax , struck down by SC as direct taxes that didnt abortion their revenues among the states on the basis of population were unconstitutional
in reponse 16th amendement was passed in congress in 1909 and ratified by the states in 1913 , allowing congress to levy an income tax w/out apportioning it among the states on the basis of the pop

Question 36

successful ammendments
the twenty second ammendment

Answer 36

prior to FDR a two term tradition had been established
FDR won a 3rd and 4th term in the 1940 and 1944 presidential elections , lead to concerns about serving an unlimited amount of concerns
as a result the 22nd amendment was approved by congress in 1947 and ratified by the required 36/48 states in 1951

Question 37

over 11,000 amendments have been proposed however the vast majority if these proposed amendments falter at the

Answer 37

proposal stage , never advancing to the states for ratification

Question 38

failed ammendments
the equal rights amendments

Answer 38

guarantee equal legal rights for all American citizens regardless of sex
introduced dec 1923 but reintroduced in 1971 with the rise of second wave feminism in the 1960s , in 1972 both HoR and senate approved it
failed to gain the 38 state ratifications necessary to be passed and received only 35 , 5 of these later removed after a conservative movement led by Schlafy mobilised against the amendment.
Renewed support following the me too movement with 3 more states ratifying , amendment is judged to have not been ratified

Question 39

failed amendments
balanced budget amendments

Answer 39

numerous attempts to propose a balanced budget ammendment which would force the federal gov to balance its budget in any given year , except for exceptional circumstances other than war
amendment has failed to receive 2/3 support from either HoR or the senate to be passed

Question 40

failed amendments
flag desecration ammendment

Answer 40

aimed to give congress the power to prohibit physical desecration of the American flag
stemmed from Texas V Johnson 1989 , which declared that flag burning was protected speech under first amendment
introduced multiple times , amendment frequently passed in the HoR but faced hurdles in senate
closest movmeent to realisation was in 2006 when it fell just one vote short of the necessary 2/3 majority in the senate , had substantial public support but also faced opposition from those who would argue it would infringe on the first amendment rights of free speech and expression

Question 41

the formal amendment process is not the only way in which the constitution can be changed , another way is through

Answer 41

judicial review , with the SC able to change the interpretation of the constitution in relation to key constitutional questions

Question 42

there ar big disagreement about how to interpret the constitution via the SC

Answer 42

1 textualism , interpreted literally
2 originalism , intentions the founding fathers should’ve wanted
3 living constitutionalism , should evolve with the changing circumstances and values in society

Question 43

for example the 1972 Roe v Wade case legalised abortion across the US using the 14th amendment , a civil right amendment that mandated equal protection under the law , in the 2022 Dobbs V Jackson womens health organisation case , however

Answer 43

the SC reversed this decision by changing their interpretation of the constitution , which they concluded doesn’t protect the right to an abortion