The nature of the constitution

Question 1

The nature of the constitution

Answer 1

• It is a codified constitution
• It is a blend of specificity and vagueness
• Its provisions are entrenched

Question 2

What is the supremacy clause?

Answer 2

• The portion of Article VI which states that the Constitution, as well as treaties and federal laws, ‘shall be the supreme law of the land’

Question 3

What are enumerated powers?

Answer 3

• Powers delegated to the federal government under the constitution. Generally these are those enumerated in the first three articles of the constitution

Question 4

What are implied powers?

Answer 4

• Powers possessed by the federal government by inference from those powers delegated to it in the constitution

Question 5

What are reserved powers?

Answer 5

• Powers not delegated to the federal government, or prohibited by it to the states, are reserved to the states and to the people

Question 6

What are concurrent powers?

Answer 6

• Powers possessed by both the federal and state governments

Question 7

Amending the constitution

Answer 7

• Proposed by two thirds of the House and Senate, ratified by three quarters of the state legislatures OR ratifying conventions in three quarters of the state

Question 8

Advantages of the amendment process

Answer 8

• Super majorities ensure against a small majority being able to impose its will on a large minority
• It ensures that both the federal government and state governments must favour a proposal

Question 9

Disadvantages of the amendment process

Answer 9

• It makes it overly difficult for the constitution to be amended, thereby perpetuating what some see as outdated provisions: for example, the Electoral College
• The voice of small-population states is over represented