Nature Of The US constitution

Question 1

How is the US constitution codified

Answer 1

Because unlike the UK Constitution it is written down in a single document

Question 2

How exactly is the US constitution codified ?

Answer 2

Sets out structure and rules of the governance of the United States

Question 3

US constitution is codified

Sets out structure and rules of the governance of the United States , what does this mean

Answer 3

Means that individuals and institutions that governed the US derives their authority from the constitution

Question 4

Example of the codified US Constitution

Answer 4

The supremacy clause which contained the 6th article (supremacy clause)

Question 5

US Codified constitution example

The supremacy clause which contained the 6th article (supremacy clause) what does this do

Answer 5

which sets out the constitution as ‘higher law’ than any other legislation passed in the US , either by federal goverment or states

Question 6

Due to the codified nature of the US constitution, what does this mean for any legislation made ?

Answer 6

Other legislation can be struck down (veto) and unmade by the judiciary it does not abide by the constitution

Question 7

How is the US Constitution entrenched

Answer 7

Very difficult to change due to special procedures to make amendment so harder to amend

Question 8

US constitution as entrenched

Why is the amendment process hard/difficult

Answer 8

Amendment process requires supermajorities and consent of multiple

Question 9

US. Constitution being entrenched what does this mean for constitution ?

Answer 9

This means that that it is specially protected and due to many few amendments e.g happened only 27 times since first introduction

Question 10

How is the entrenched nature of the US constitution different to UK constitution

Answer 10

Makes the UK constitution more flexible and easier to amend

Question 11

Example of the flexiblity of the UK constitutionand easier to amend

Answer 11

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.

Question 12

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 ?

Answer 12

This means though that the way the UK is governed can be adjusted to match the needs of the current society.

Question 13

US constitution

Two ways the amendment process works ?

Answer 13

• proposal : Need 2/3 vote in both the house of congress
• ratfication: need 3/4 majority vote of state legislature

Question 14

What is the reason for the difficulty of the amendment process

Answer 14

Founding fathers recognised the need to amend the constitution but made it difficult to prevent relative changes and protect key principles prevent corruption

Question 15

Example of how Difficult process of the amendment of US

Answer 15

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

Question 16

Example of successful amendment process in the USA ?

Answer 16

Sixteenth amendment - income tax

Question 17

Sixth amendment-income tax
What was this ?

Answer 17

When In the 19 century, majority of the federal revenue came from tarrifs than taxes

Question 18

Why did people opposed the sixth amendment- income tax ?

Answer 18

People opposed this because unfairly taxed the poor

Question 19

So 16th amendment- income tax

Led to what being introduced due to the opposition of federal revenue for unfair taxes of the poor ?

Answer 19

So the 1894 Wilson-Gorman tarrif act introduced income tax but it was struck down by the Supreme Court

Question 20

So 16th amendment- income tax

Led to what being introduced due to the opposition of federal revenue for unfair taxes of the poor ?

Answer 20

So the 1894 Wilson-Gorman tarrif act introduced income tax but it was struck down by the Supreme Court

Question 21

Why was the 1894 Wilson-Gorman tarrif struck down by the Supreme Court ?

Answer 21

Because they believed that direct taxes that did not come from federal revenues for state of basis of population was unconstitutional

Question 22

Was the response to the US Supreme Court sticking down Wilson-Gorman tarrif ?

Answer 22

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

Question 23

Was the response to the US Supreme Court sticking down Wilson-Gorman tarrif ?

Answer 23

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

Question 24

Example of failed amendments

Answer 24

Balanced budget amendment

Question 25

Failed amendment What is the balance budget amendment ?

Answer 25

Would force the federal goverment to balance its budget in any given year with exception of war

Question 26

Failed amendment What is the balance budget amendment ?

Answer 26

Would force the federal goverment to balance its budget in any given year with exception of war

Question 27

Failed amendment Why did the balance budget amendment fail ?

Answer 27

Failed to receive 2/3 support from the house of representative or senate to be passed

Question 28

The formal amendment process is not the only way the constitution can be changed , what is another way ?

Answer 28

Judicial review/interpretal amendments

Question 29

What is judicial review as another mean for constitutional to be changed

Answer 29

Supreme Court can change interpretation of the constitution

Question 30

Example of old constitutional

Answer 30

1972 Roe Vs Wade legalised abortion in US using the 14th amendment (mandatory equal protection under law )

Question 31

However what new constitution interpretation lead to the Roe vs Wade being reversed ?

Answer 31

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

Question 32

What are the 3 advantages of the amendment process

Answer 32

1. 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) 2. Judicial review allow some sort of flexibility despite little change of formal amendment process e.g **’living constitutionalism’** interpret constitution 3. Prevents abuse by veto, entrenchment and codification so block abuse of politicians seeking own benifit

Question 33

Disadvantages of constitutional Amendment

Answer 33

1. The constitution being entrenched and amendment being difficult means outdated, **does not align with the 21st century** does not evolve with society 2. 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 3. Undemocratic : requirement of supermajority means that small majority in congress has the potential to veto things that have majority support

Question 34

What theory could explain why it is much easier to formally amend the UK constitution than the US one ?

Answer 34

Cultural theory

Question 35

What is cultural theory

Answer 35

Shared ideas, beliefs, values of those groups determine actions of individuals within them