Nature Of The US constitution Flashcards
How is the US constitution codified
Because unlike the UK Constitution it is written down in a single document
How exactly is the US constitution codified ?
Sets out structure and rules of the governance of the United States
US constitution is codified
Sets out structure and rules of the governance of the United States , what does this mean
Means that individuals and institutions that governed the US derives their authority from the constitution
Example of the codified US Constitution
The supremacy clause which contained the 6th article (supremacy clause)
US Codified constitution example
The supremacy clause which contained the 6th article (supremacy clause) what does this do
which sets out the constitution as ‘higher law’ than any other legislation passed in the US , either by federal goverment or states
Due to the codified nature of the US constitution, what does this mean for any legislation made ?
Other legislation can be struck down (veto) and unmade by the judiciary it does not abide by the constitution
How is the US Constitution entrenched
Very difficult to change due to special procedures to make amendment so harder to amend
US constitution as entrenched
Why is the amendment process hard/difficult
Amendment process requires supermajorities and consent of multiple
US. Constitution being entrenched what does this mean for constitution ?
This means that that it is specially protected and due to many few amendments e.g happened only 27 times since first introduction
How is the entrenched nature of the US constitution different to UK constitution
Makes the UK constitution more flexible and easier to amend
Example of the flexiblity of the UK constitutionand easier to amend
meaning for instance Parliament could change the composition of the House of Lords by passing the 1999 Act, with the Judiciary having no power to challenge that.
UK constitution as flexible
With the judiciary having no power to challenge to laws passed by parliament in the UK constitution what does this mean ?
This means though that the way the UK is governed can be adjusted to match the needs of the current society.
US constitution
Two ways the amendment process works ?
- proposal : Need 2/3 vote in both the house of congress
- ratfication: need 3/4 majority vote of state legislature
What is the reason for the difficulty of the amendment process
Founding fathers recognised the need to amend the constitution but made it difficult to prevent relative changes and protect key principles prevent corruption
Example of how Difficult process of the amendment of US
Only 17 amendments that has happened over 200 years of the bill of rights and further future amendment seems unlikely in US politics which is already partisan
Example of successful amendment process in the USA ?
Sixteenth amendment - income tax
Sixth amendment-income tax
What was this ?
When In the 19 century, majority of the federal revenue came from tarrifs than taxes
Why did people opposed the sixth amendment- income tax ?
People opposed this because unfairly taxed the poor
So 16th amendment- income tax
Led to what being introduced due to the opposition of federal revenue for unfair taxes of the poor ?
So the 1894 Wilson-Gorman tarrif act introduced income tax but it was struck down by the Supreme Court
So 16th amendment- income tax
Led to what being introduced due to the opposition of federal revenue for unfair taxes of the poor ?
So the 1894 Wilson-Gorman tarrif act introduced income tax but it was struck down by the Supreme Court
Why was the 1894 Wilson-Gorman tarrif struck down by the Supreme Court ?
Because they believed that direct taxes that did not come from federal revenues for state of basis of population was unconstitutional
Was the response to the US Supreme Court sticking down Wilson-Gorman tarrif ?
The sixteenth amendment was passed by congress in 1909 and ratified by state allowing congress to levy income tax without sharing out among state based on population
Was the response to the US Supreme Court sticking down Wilson-Gorman tarrif ?
The sixteenth amendment was passed by congress in 1909 and ratified by state allowing congress to levy income tax without sharing out among state based on population
Example of failed amendments
Balanced budget amendment
Failed amendment
What is the balance budget amendment ?
Would force the federal goverment to balance its budget in any given year with exception of war
Failed amendment
What is the balance budget amendment ?
Would force the federal goverment to balance its budget in any given year with exception of war
Failed amendment
Why did the balance budget amendment fail ?
Failed to receive 2/3 support from the house of representative or senate to be passed
The formal amendment process is not the only way the constitution can be changed , what is another way ?
Judicial review/interpretal amendments
What is judicial review as another mean for constitutional to be changed
Supreme Court can change interpretation of the constitution
Example of old constitutional
1972 Roe Vs Wade legalised abortion in US using the 14th amendment (mandatory equal protection under law )
However what new constitution interpretation lead to the Roe vs Wade being reversed ?
But in 2022 Dobbe vs Jackson women’s organisation case, Supreme Court reversed by changing interpretation of the constitution which does not protect right to an abortion
What are the 3 advantages of the amendment process
- The difficulty of the amendment for the constitution means that that key principles e.g separation of powers,checks and balance
are protected from corruption and personal views (founding fathers) - Judicial review allow some sort of flexibility despite little change of formal amendment process e.g ’living constitutionalism’ interpret constitution
- Prevents abuse by veto, entrenchment and codification so block abuse of politicians seeking own benifit
Disadvantages of constitutional
Amendment
- The constitution being entrenched and amendment being difficult means outdated, does not align with the 21st century does not evolve with society
- Fact that it is so entrenched actually facilitate abuse in political system e.g citizen United v federal election commission used the 1st amendment to justify rich individuals to donate huge money to political campaign
- Undemocratic : requirement of supermajority means that small majority in congress has the potential to veto things that have majority support
What theory could explain why it is much easier to formally amend the UK constitution than the US one ?
Cultural theory
What is cultural theory
Shared ideas, beliefs, values of those groups determine actions of individuals within them
