The Constitution Flashcards
What was wrong with the Articles of Confederation
There was virtually no central government at all
Give three examples of compromises in the constitution
A federal form of government
Two houses of congress
One with equal representaion for all the states
One with representation proportional to each states population (NOT proportional representation)
An indirectly elected president
what are the 3 key features of the consistution
It is codified
Some of it is specific but some is vague
Its provisions are entrenched
What is a codified constitution
A constitution that consists of a full and authoritative set of rules written down in a single document
What do the first three articles of the constitution deal with
The legislature
The executive
The judiciary
Give an example of the vagueness of the constitution
One of
the common defence and general welfare clause
The necessary and proper clause
What is the difference between enumerated powers and implied powers
Enumerated powers are specifically granted by the constitution
Implied powers are merely inferred by the constitution
What is the difference between reserved powers and concurrent powers
Reserved powers are those reserved to the states and to the people
Concurrent powers are granted to both the federal and state governments
What does entrenchment mean
Powers safeguarded by making them difficult to amend or abolish
How can constitutional amendments be proposed
Either by 2/3 majorities in both houses of congress or by the legislatures in 2/3 of the states calling for a national constitutional convention
How can constitutional amendments be ratified
Either by
3/4 of the state legislatures or by
Ratifying conventions in 3/4 of the states
Give three advantages of the amendment process
Advantages
Super majorities ensure against small majority being able to impose its will on majority
Lengthy and complicated process makes it less likely that the constitution will be amended on merely temporary issue
It ensures that both the federal and state governments must favour a proposal
It gives a magnified voice to the smaller population states (through senates role and the requirement for agreement of 3/4 of state legislatures
Provision for a constitutional convention called by the states ensures against a veto being operated by congress on the initiation of amendments
Give 3 disadvantages of the amendment process
It makes it overly difficult for the constitution to be amended thereby perpetuating what some see as outdated provisions eg electoral college
It makes possible the thwarting of the will of the majority by a small and possibly unrepresentative minority
The lengthy and complicated process nonetheless allowed the prohibition amendment to be passed (1918)
The difficulty of formal amendment enhances power of the (unelected) supreme court to make interpretative amendments
The voice of small propulation states is overly represented
What are the first ten amendments to the constitution called
The bill of rights
Give 2 examples of subsequent consitutional amendments
Two of
Slavery prohibited (13th amendment 1865)
Federal government granted power to impose income tax (16th 1913)
Direct election of the senate (17th 1913)
Two term limit for the president (22nd 1951)
Presidential succession and disability procedures (25th 1967)
Voting age lowered to 18 (26th 1971)