The Consitutional Framework Flashcards
What is the constitution made up of?
7 articles and 27 amendments
What were the first 10 amendments added as?
Added immediately as a part of the BoR
When was the Bill of rights proposed and when was it added?
1789 and 1791
Who proposed the Bill of Rights?
James Madison
What was the Bill of Rights’ purpose?
To get pro-inpiviualist anti-federalists in Massachusetts to sign it. It was an essential element in getting the consutution signed at all ,
What is the first amendment?
Freedom of speech, religion and assembly
What is the second amendment?
bear arms
What is the fourth amendment?
freedom from unreasonable searches and seizures
What is the 5-8 amendment?
rights of the accused and the trial
What is the 10th amendment?
the powers not expressed in the constitution lie in the states
since the BoR in 1791 how many more amendments have there been?
17
What are the two amendments that cancel each other out and what were they for?
Prohibition, 18 in 1919 and 21 in 1933 (remember this with the drinking age in the UK vs the drinking age in the USA)
What was the 14th amendment?
Equal protection and due process following the end of the civil war. It was part of the 13, 14 and 15 amendments which ended slavery
What was the 17th amendment and when was it passed?
1913 direct election of the senate
What was the 22nd amendment and when was it passed?
2 term limit for President 1951
What amendment lowered the voting age to 18?
26th
The constitution is about Balance. What is this in relation to amendments?
The need of change over time over time and adaptability vs the need to prevent it form being changed too easily
Why is the amendment process deliberately complex?
To ensure that thought and consensus is put into it
What are the two ways an amendment can be proposed?
1) ⅔ majority in both the senate and the house or a national consitutional convention by ⅔ of the states (never used)
What is the magic fraction for a proposal vs a ratification
⅔ for a proposal, ¾ for a ratification
What are the two ways an amendment can be ratified?
¾ state legislators must vote within a time limit or ¾ of states must hold a consitutional convention where they vote to ratify
How many amendments have been proposed by congress but have failed at the ratification stage?
6
What was the most recent amendment to have been proposed by congress but have failed at the ratificaiton stage?
Guaranteed equal rights for women. Proposed 1972 but only ratified by 35 states
Give three examples of proposals that have failed at the proposal stage?
1) requirement to pass a balanced budget
2) Term limits for members of congress
3) forbid desecration of the American flag
What does the amendment process exemplify?
The process of checks and balances: no one part of government can make something happen without another part allowing that to happen
How does the amendment process reflect the pressures on those who wrote the constitution?
National government needs to be strong but states need individual rights too
Fear of tyranny, states need to be assured that what they signed up for couldn’t be easily changed by a tyrannical government
What are the 5 reasons why there have been so few amendments?
1) Deliberately difficult amendment process
2) Vagueness of constitution allows to evolve without the need for amendments
3) SC can interpret with judicial reviews, altering the meaning without altering the words
4) The reverence with which the constitution is regarded makes politicians cautious of tampering with it
5) prohibition cancelled itself out
How does congress protect constitutional rights?
1) Passes laws to facilitate these rights such as enhancing the rights of racial minorities
2) Through its committee system and investigative powers it can call the executive department to account over the way that it implements the laws that congress has created
How does the executive protect constitutional rights?
Executive branches needs to implement the laws that congress has passed ensuring that the legislation is followed by delivery
How does the judiciary protect constitutional rights?
The supreme court has an important role in safeguarding rights through judicial review
Consitutional rights are divided into two categories, what are they?
Freedom to/of and freedom from
What are the four ‘freedom froms’?
1) unreasonable searches
2) Cruel and unusual punishment
3) excessive bail
4) slavery
What are 8 ‘freedom TOs’?
1) Speech
2) religion
3) Assembly
4) Press
5) bear arms
6) remain silent
7) speedy, public trial
8) Vote at 18
Of the three branches of federal government, which is the most important at guaranteeing consitutional rights?
judiciary
Give two examples of when the court has been ineffective at guaranteeing consitutional rights?
1) 1857 Dred Scott vs Sanford which said black people cannot become US citizens so cannot have US citizens’ rights
2) 1896 Plessy vs Ferguson - upheld segregation under sperate but equal rule
When has the supreme court been good at guaranteeing the consitutional rights of women?
Roe vs Wade 1973
When has the supreme court been good at guaranteeing the consitutional rights of the arrested?
Miranda vs Arizona 1966
Dickerson vs USA 2000
When has the supreme court been good at guaranteeing the consitutional rights of the minorities?
Brown vs. Board of Education 1954
When has the supreme court been good at guaranteeing the consitutional rights of gun owners?
DC vs . Heller
Some argue that Roe vs Wade failed to protect whose rights?
The rights of the unborn child
By upholding gun rights, some argue this infringes whose other rights?
Fails to protect others from violence
By upholding the separation of church and state by banning public school prayer, what amendment do some argue that the SC have infringed?
1st amendment ‘free exercise of religion’
The court can back-track. Give an example of this.
2007 Gonzales vs Carhart banned a certain abortion procedure having upheld it in 2000
