The Consitutional Framework

Question 1

What is the constitution made up of?

Answer 1

7 articles and 27 amendments

Question 2

What were the first 10 amendments added as?

Answer 2

Added immediately as a part of the BoR

Question 3

When was the Bill of rights proposed and when was it added?

Answer 3

1789 and 1791

Question 4

Who proposed the Bill of Rights?

Answer 4

James Madison

Question 5

What was the Bill of Rights’ purpose?

Answer 5

To get pro-inpiviualist anti-federalists in Massachusetts to sign it. It was an essential element in getting the consutution signed at all ,

Question 6

What is the first amendment?

Answer 6

Freedom of speech, religion and assembly

Question 7

What is the second amendment?

Answer 7

bear arms

Question 8

What is the fourth amendment?

Answer 8

freedom from unreasonable searches and seizures

Question 9

What is the 5-8 amendment?

Answer 9

rights of the accused and the trial

Question 10

What is the 10th amendment?

Answer 10

the powers not expressed in the constitution lie in the states

Question 11

since the BoR in 1791 how many more amendments have there been?

Answer 11

17

Question 12

What are the two amendments that cancel each other out and what were they for?

Answer 12

Prohibition, 18 in 1919 and 21 in 1933 (remember this with the drinking age in the UK vs the drinking age in the USA)

Question 13

What was the 14th amendment?

Answer 13

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

Question 14

What was the 17th amendment and when was it passed?

Answer 14

1913 direct election of the senate

Question 15

What was the 22nd amendment and when was it passed?

Answer 15

2 term limit for President 1951

Question 16

What amendment lowered the voting age to 18?

Answer 16

26th

Question 17

The constitution is about Balance. What is this in relation to amendments?

Answer 17

The need of change over time over time and adaptability vs the need to prevent it form being changed too easily

Question 18

Why is the amendment process deliberately complex?

Answer 18

To ensure that thought and consensus is put into it

Question 19

What are the two ways an amendment can be proposed?

Answer 19

1) ⅔ majority in both the senate and the house or a national consitutional convention by ⅔ of the states (never used)

Question 20

What is the magic fraction for a proposal vs a ratification

Answer 20

⅔ for a proposal, ¾ for a ratification

Question 21

What are the two ways an amendment can be ratified?

Answer 21

¾ state legislators must vote within a time limit or ¾ of states must hold a consitutional convention where they vote to ratify

Question 22

How many amendments have been proposed by congress but have failed at the ratification stage?

Answer 22

6

Question 23

What was the most recent amendment to have been proposed by congress but have failed at the ratificaiton stage?

Answer 23

Guaranteed equal rights for women. Proposed 1972 but only ratified by 35 states

Question 24

Give three examples of proposals that have failed at the proposal stage?

Answer 24

1) requirement to pass a balanced budget
2) Term limits for members of congress
3) forbid desecration of the American flag

Question 25

What does the amendment process exemplify?

Answer 25

The process of checks and balances: no one part of government can make something happen without another part allowing that to happen

Question 26

How does the amendment process reflect the pressures on those who wrote the constitution?

Answer 26

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

Question 27

What are the 5 reasons why there have been so few amendments?

Answer 27

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

Question 28

How does congress protect constitutional rights?

Answer 28

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

Question 29

How does the executive protect constitutional rights?

Answer 29

Executive branches needs to implement the laws that congress has passed ensuring that the legislation is followed by delivery

Question 30

How does the judiciary protect constitutional rights?

Answer 30

The supreme court has an important role in safeguarding rights through judicial review

Question 31

Consitutional rights are divided into two categories, what are they?

Answer 31

Freedom to/of and freedom from

Question 32

What are the four ‘freedom froms’?

Answer 32

1) unreasonable searches
2) Cruel and unusual punishment
3) excessive bail
4) slavery

Question 33

What are 8 ‘freedom TOs’?

Answer 33

1) Speech
2) religion
3) Assembly
4) Press
5) bear arms
6) remain silent
7) speedy, public trial
8) Vote at 18

Question 34

Of the three branches of federal government, which is the most important at guaranteeing consitutional rights?

Answer 34

judiciary

Question 35

Give two examples of when the court has been ineffective at guaranteeing consitutional rights?

Answer 35

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

Question 36

When has the supreme court been good at guaranteeing the consitutional rights of women?

Answer 36

Roe vs Wade 1973

Question 37

When has the supreme court been good at guaranteeing the consitutional rights of the arrested?

Answer 37

Miranda vs Arizona 1966

Dickerson vs USA 2000

Question 38

When has the supreme court been good at guaranteeing the consitutional rights of the minorities?

Answer 38

Brown vs. Board of Education 1954

Question 39

When has the supreme court been good at guaranteeing the consitutional rights of gun owners?

Answer 39

DC vs . Heller

Question 40

Some argue that Roe vs Wade failed to protect whose rights?

Answer 40

The rights of the unborn child

Question 41

By upholding gun rights, some argue this infringes whose other rights?

Answer 41

Fails to protect others from violence

Question 42

By upholding the separation of church and state by banning public school prayer, what amendment do some argue that the SC have infringed?

Answer 42

1st amendment ‘free exercise of religion’

Question 43

The court can back-track. Give an example of this.

Answer 43

2007 Gonzales vs Carhart banned a certain abortion procedure having upheld it in 2000