The US constitution. Flashcards
Articles and what they include.
Section 1 - Legislative Section 2 - Executive Section 3 - Judicial Section 4 - Relationships between states and the Federal Government. Section 5 - Amendments Section 6 - Federal supremacy Section 7 - Process of ratification.
Definition of Codified constitution
When the constitution is written and documented in law and can be open to the interpretation of citizens and the judicial system.
Most major democracies have this. E.g. The U.S constitution
Functions of a codified constitution.
Authoritative - Seen as a higher law, sets out the law for all political proceedings
Entrenched - very difficult to amend or abolish
Judicial - Allows other was to be judged against it
Benefits of a codified constitution
Clear to see government acting wrong - 2021 trump riots
Protects human rights - Brown vs board of education
Clear rules for political procedure - Prosecuted Nixon in the watergate scandal.
Negatives of a codified constitution
Hard to change, requires amendments
Judicial Tyranny can be open to an interpretation.
Limited government
Shown in the ninth and tenth amendments, government should operate with minimalist intervention policy and should just uphold the rights and laws of its citizens.
Entrenched rights
Defined as rights which are explicitly protected by the constitution.
Checks and Balances
Checks and balances are the ways in which each interdependent bodies of government, president, Supreme Court and congress prevent the government from becoming to tyrannical and powerful
Examples of this:
Congress ->Confirms judicial appointments to the Supreme Court e.g. Amy Coney Barnett to the Supreme Court by 52 - 48
Congress ->Makes laws and allocates firms to the president - Vetoing and veto overriding legislation e.g. Obamas 2016 veto on the right of the families of the 9/11 victims to sue Saudi Arabia, then overridden
Supreme Court->Rules on legislation that congress introduces e.g.Roe vs wade 1974 women’s abortion is a right
Supreme Court->Rules on executive action e.g. Marbury vs Maddison which allowed the Supreme Court to interpret and rule on legislature and executive action.
President->Can veto congresses legislation e.g. Trump Veto’d 10 acts of legislature in his time as president in 2016-2020
President->Appoints Judges to the Supreme Court e.g. Obama appointing Soto mayor in 2009.
Why are the government bodies interdependent?
Prevents a government from becoming to tyrannical and corrupt.
What does Article 1 outline
Legislative - Congress
What does Article 2 outline?
Executive - The president
What does Article 3 outline
Judiciary - Supreme Court and the judicial system
What does Article 4 outline
The relationship between state and federal governments
What does article 5 outline
Process of amendments
What does Article 6 outline
That the Federal Government rules supreme to all other state governments