nature + source of the us consitution Flashcards
3 features of the us constitution
-emphasises ‘representative government not democracy’ no lofty aspirations to one man fear of mass democracy
-compromise, connectucuit compromise deals with the power imbalance between small and large states house of representatives fixed this
-focused in the framework and structure of gov not individual rights, only until 1791 bill of rights
3 significance of the principles of the constitution
-vagueness and silence, allowed for evolution and development: ‘necessary and proper’ clause empowered congress to make any necessary and proper laws to carry out the duties of federal laws eg: immigration act 1924 reflected clear racial bias contrasted 1966 voting rights act that forbade racial discrimination (shows evolution)
-the need for a referee, judicial review grants sc the power of interpreting the constitution came into play 1803 marbury v madison allowed commas not full stops to be made on decisions, flexible eg roe v wade to dobbs v jackson
-gridlock, promotes cooperation and compromise between branches not always in reality trump shut down for 35 days dec 2018- jan 19 over the wall
3 presidential checks on congress
-presidents can veto or threaten veto, obama vetod the keystone XL pipeline and 4 threats in 2015 ‘if a bill comes to my desk that tries to do of these things i will veto it’ iran sanctions, wall street rules, obamacare
-executive orders, trump 2017travel ban on muslim majority countries (but overturned by sc)
- use their commander in chief to deploy US troops 2001 and 2003 george w bush sent troops into afghanistan
president checks on courts
-president nominates all federal justices, Trump got his strong 6-3 majority with Amy Coney Barret
-president can issue pardons, obama. 300 commutations
congress checks on the president
-presidents veto can be overturned by a supermajority in both houses, Trump had a veto on a defense spending bill overturned in Jan 2021
-‘power of the purse ‘ can turn down presidential requests for funding eg Trumps attempt to get funding for the mexican border wall
-Congress can decline to pass legislation after sandy hook shooting 2012 congress refused to pass gun tightening legislation
3 formal amendments from the bill of rights
-first amendment freedom of religion, speech, the press and assembly
-second amendment the right to bear arms
-eight amendment banned ‘cruel and unusual’ punishments.
3 formal amendments not in the bill of rights
-thirteenth amendment 1865 abolition of slavery
-fourteenth amendment 1868 citizenship for enslaved people including ‘equal protection’ and ‘due processes’ clauses
-seventeenth amendment 1913 direct election to senate.
3 informal amendments of the us constitution
-district of columbia v heller 2008 explicit right to private gun ownership
-the right to remain silent and avoid self incrimination ‘miranda rights’
- the right to private mobile phone data carpenter v united states 2018
key roles retained by states
-ability to legislate in a wide range of areas including local taxes and abortions eg 2024 abortion ballot eg nevada keeping right to abortion vs Nebraska making it illegal
-the death penalty is state based, eg texas allowing it california not
-presidential election, the electoral college system divides via states
3 key federal laws
-sixteenth amendment 1913 allowed for a national income tax, only amendment to have expressly extended the power of central government
-1950 and 60s saw laws passed to end practices that prevent african americans from voting
-1970-80s saw growth of ‘big government’, unfunded mandates where states were given the right to undertake certain laws but didn’t have the funding
how does the constitution protect civil rights and liberties
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