US Constitution Flashcards
Define what the Constitution is:
A set of laws that outline the powers of the different branches of government, as well as the relations between these branches of government, and the distribution of power between the government and the people that it governs
What does it mean for a constitution to be codified and entrenched?
codified - a constitution which has been created from a single authoritative source
entrenched - if a constitution is entrenched it means that there are a specific set of rules required for an amendment to the constitution to be accepted
Entrenchment is the means by which the constitution is protected from constitutional amendments
Article V makes outlines the process for amending the Constitution, entrenching the constitution by making it difficult to change its laws
what does constitutional sovereignty mean?
supreme power lies within the constitution - this means that decisions on whether a law or action by one of the elected branches of government is constitutional cannot be overridden once a decision has been made
unconstitutional acts are punished accordingly by the Supreme Court
How can the US Constitution be amended? Name both of the processes.
stage 1 - proposal
Constitutional amendments can be proposed either: - by Congress - 2/3 majority needed for a proposal to be made
- by a national constitutional convention called by Congress at the request of 2/3 of the states
stage 2 - ratification
can be ratified either by:
- 3/4 of the of the state legislatures
- state constitutional conventions in 3/4 of the state legislatures
what are the advantages/disadvantages of the amendment process
Advantages:
- very difficult for amendments to be passed, which ensures the legitimacy of its amendments and helps to protect the Constitution from radical change
Disadvantages
- the bear majority needed for the 13 least populated states to prevent an amendment from being passed is just 4.3%
- Scalia talked about how a very small majority can stop constitutional reform
- massive tyranny of the minority
what is the first amendment?
- protects freedom of speech and free press
- provides that congress can’t make a law respecting the establishment of one religion or prohibiting its free excercise
what is the 2nd amendment
Gives citizens the right to keep and bear arms
what is the 3rd amendment
no quartering of troops in private homes
what is the 4th amendment
unreasonable searches and seizures prohibited
what is the 5th amendment
rights of accused persons
- guarantees the right to a grand jury, protects against self incrimination, and forbids double jeopardy
what is the 6th amendment
right to a fair trial
7th A
common law suits
8th A
excessive bail, and cruel and unusual punishments prohibited
9th A
Unenumerated rights protected
10th
Undelegated powers reserved to the states or to the people
