The US Constitution Flashcards
What are the origins of the US constitution?
After the American Revolution, the Articles of Confederation was signed by the 13 original states, serving as the first constitution. Then in 1787, the founding fathers drew up the US constitution which was about the structure and framework of the government, not about individual rights.
What was the Bill of Rights?
The first 10 amendments to the US constitution in 1789. It included:
. 1st Amendment - Freedom of speech, religion, the press, assembly
. 2nd Amendment - The right to bear arms
. 13th Amendment - Abolished slavery
. 19th Amendment - All white men and women over 18 can vote
How do you make an amendment to the US constitution?
To make an amendment you need 3/4 of state legislature to ratify and a supermajority in both houses.
Or alternatively, 2/3 states can call a constitutional convention and 3/4 of the states must ratify.
Why is it so hard to make amendments?
The founding fathers made making amendments hard as they were trying to unite 13 colonies and didn’t want the constitution easily changed. Nowadays, the country has grown larger, more diverse and more polarised so it’s harder to make amendments.
What is an informal amendment?
Changes to the Constitution that do not lead to changes in the written document e.g the Miranda rights, the right to private gun ownership, LGBTQ+ rights.
How is power divided between state government and federal government?
Federal government controls:
. Controls national legislation e.g Obamacare
. Controls federal taxes
. Controls currency
. Declares war
. Establishes rules for citizenship
. Owns public land
. Establishes federal courts
The limits of Federal gov’s power:
. The presidential election
. Death penalty
. To legislate areas e.g abortion, local tax
. Cannot tax state exports
. Cannot pass bills of attainder or ex post facto laws.
How has the power of federal government has grown in the C20th?
. New Deal 1930s - saw the creation of nationwide social security programme and work programmes to try and tackle the Great Depression.
. 1960s Civil Rights Legislation - saw federal government stop racist state laws (Jim Crow laws).
.George W Bush 2002 - No child left behind - saw major education reform on national level.
.Obama - Medicare - Affordable Health Care Act.
.Trump - Tax Cuts and Jobs Act .
What are reserved powers?
Powers of the state governments which are not clearly laid out by the Constitution but are implied. The 10th Amendment to the Constitution ‘reserved’ all other powers to the states - Federalist clause.
What are enumerated powers?
Powers of the executive which are clearly spelt out in the constitution.
What factors show that the US constitution is suitable for the 21st Century?
.Separation of powers remains crucial
today.
.Vagueness allows Constitution to be
interpreted differently, ensuring it stays relevant.
.Constitution can be amended if needed, either formally or informally.
.Checks and balances promote
collaboration and cooperation in times of emergency.
.Federal composition of the Constitution and USA ensures small states are not overlooked, for example with the Electoral College.
.Bill of Rights continues to entrench and protect key rights such as free speech and expression.
What shows that the US constitution is not suitable for the 21st Century?
.Separation of powers has not stopped the White House from slowly accruing more and more power.
.Vagueness continues to be a problem in defining whose interpretation is key.
.Written during a time of enslavement gives no consideration for groups of people in America who were not considered when written.
.Formal amendment process is long and unlikely to be passed due to requirements.
.Bill of Rights not part of original document and not all rights are equally well established. Groups such as those with disabilities, LGBTQ+ and children are not afforded any constitutional protection.
.House of Reps - unequal representation.
