The Constitution Flashcards
How did the constiuancy come to be?
- 1776 declaration of independence
- 1781-1787 Articles of Confederation: too weak, too vague, very little coordination, difficult to collect taxes
- 1787 – Philadelphia Convention agrees a federal constitution
Primary purposes of the Constitution
- Every citizen is equal and everybody should have a say
- Functionality – can it serve it’s purpose, can it function properly
- Practicality – is it viable?
- Defence against tyranny – no power instituation such as a monarch
What are the constitutional Rights given to US Citizens
- The first 10 amendments o the Constitution are referred to as the Bill of Rights
- Every US Citizen is protected by these first 10 amendments
- The primary purpose of the Bill of Rights was to establish the USA as the first modern democracy to ensure every citizen with their “God given and natural rights’
- The rights set out in the Constitution and after the Bill of Rights still remain today
- The 2nd amendment ensures the right for all citizens to bear arms, when passed in 1791 there was no police force and the right to possess a gun was seen as a form of protection and a right for all citizens
what is codified mean?
- The Constitution is codified and written n one document
What does Entrenchment mean?
- Entrenchment means its hard to amend or abolish
What does Judicially mean?
meaning other laws can be judged against ot
What does Enumerated mean
This means that each branch of government is given its powers by the Constitution.
Explain powers being implied
it is not explicitly stated in the constitution but powers can be suggested towards
What is the ‘necessary and proper’ or elastic band clause
- When passing laws, the Constitution can allow Congress to be able to argue a reason for the law to be passed this is called the Constitution enumerated power. Necessary and proper cause ensures that a law can be passed and ratified. When Congress does not have enough to pass the statute the necessary and proper clause can allow it to be passed when the means relate to the end.
What are the two stages of the amendment process?
- Proposal and the ratification stage
what is the proposal stage of the amendment process?
- Proposal: can happen when an amendment is proposed by 2/3s majority in both chambers or at a convention called by Congress at the request of 2/3s of all legislators
What is th erattification process
- Ratification: This happens when 3/4s of the state legislatures agree and when 3/4s of the convention agree
examples of proposals that have passed the proposal stage but failed the ratification stage are
- Proposals that have passed the 2/3s proposal stage, but failed to be ratified in the state legislatures include, Equal Rights Ammendment 1982, and the Distric of Colombia amendment in 1985
proposals failed to have reached the 2/3s majority in th e proposal stage include
- Proposals that fial to reach the 2/3s proposal in each chamber include the Flag Protection amendment 2006 and the Federal Mariiage amendment