U2 P5 Flashcards

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1
Q

Formal Amendment Process for the Constitution: First Step

A

A) Two-step process outlined in Article V; actually changes wording of Const.

B) First step is Proposal: the proposed amendment needs approval from
​1) two-thirds vote in both houses of Congress OR
2) a national constitutional convention called by request of two-thirds of state legislatures (#2 never actually used).

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2
Q

Formal Amendment Process for the Constitution: Second Step

A

Second step is Ratification: the proposed amendment must be approved by
​1) three-fourths of the states (38) OR
​2) three-fourths of special state conventions
​​(#2 used only once).

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3
Q

Formal Amendment Process

A

D) Modern practice is to include a time limit for ratification (typically 7 years).
E) The Constitution has been formally amended only 27 times.
F) Slower, costlier, more complicated but popular method.

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4
Q

Informal Amendments; Federal Court Decisions

A

The judicial review power enables the courts to interpret (and expand) Federal power (Example: the Supreme Court gives itself the power of judicial review in Marbury v. Madison). Most common type of informal amendment.

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5
Q

Informal Amendments; Acts of Congress

A

Necessary & Proper Clause enables Congress to expand its powers (Example: paper money).

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6
Q

Informal Amendments: Presidential Actions

A

The treaties he negotiates become “the supreme law of the land” (Example: the Chemical Weapons Convention of 1993).

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7
Q

Informal Amendments: Political Parties

A

changed the way elections are held (Example: the Electoral College, intended to be independent, is now a rubber-stamp body).

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8
Q

Informal Amendments: Social Changes/ Custom

A

Examples include the diversity of the Cabinet and Supreme Court.

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9
Q

Informal Amendments

A

Def.: No Const. wording change; Faster, cheaper, easier, but less popular

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