Nature of the US constitution Flashcards
what does article 1 establish
legislative branch
what does article 2 establish
executive branch
what does article 3 establish
judicial branch
what does article 4 establish
federalism
what does article 5 establish
how to amend the constitution
what does article 6 establishh
constitution as supreme law of the land (sovereign)
what does article 7 establish
how to ratify the document (how it is established by the states)
The legislature (US) is made up of
House of Representatives (435) and senate (100)
The judiciary is made up of
Supreme Court 9 justices
the executive is made up of
president and Vice President
what is an enumerated power
a formal written power
Article 4- the states sets out
individual states power of governance and law making
explains how states interact
conditions for states to follow
Article one sets out the guidelines of legislature in
qualification (eg age), size, who they represent, special duties and role in lawmaking
The bill of rights is
the first ten amendments of the US constitution
the bill of rights helped to
reduce state concerns regarding the power of a new central government
what is the 16th ammendment
congress should have the power to lay and collect taxes on income from whatever source derived
what is the 19th amendment
sex should not determine whether someone has the ability to vote
what is the 25th amendment
in the event of the death or removal of president the Vice President should take his place
what are amendments 13 -15
these try to provide solutions issues over race and slavery
what are the 18th and 21st amendment
18th is prohibition of alcohol
21st repeal the prior ban on alcohol
what is the 22nd amendment
a president can not do more than two terms
the nature of the US constitution is
codified
entrenched
vague and specific
as the US constitution is codified and has been through the process that is
Authoritative (higher than standard law)
entrenched (difficult to change or abolish)
judicable (used as standard to determine whether laws are constitutional>
what article means the US constitution is not fully entrenched
Article 5 lays out the amendment process
the US constitution is entrenched which means
the amendment process is incredibly different
the US constitution is vague and specific which means
there are implied powers not stated eg the power to draft people into the armed forces is implied from congress power t raise army and navy
what is the necessary and proper clause
the elastic clause powers can be bent and stretched where necessary allowing the constitution to adapt
McCulloch v Maryland
SCOTUS ruled government had right to create national bank which state of Maryland couldn’t tax as a business.
because congress has the enumerated power to collect tax making national bank necessary and prope.
Gibbons v Ogden
New York allow monopoly over its waters to one business a competitor took them to court and as business and commerce is federal their law supersedes state law.
what are reserved powers
these are powers that limit federal gov and are reserved to the states or the people
Article 4 the supremacy clause established
national law is supreme
