us constitution Flashcards
what is the nature of the US constitution ?
Codified, Entrenched, Sovereign
5 principles of the US constitution
Sep. of Powers, Checks & Balances, Federalism, Bipartisanship, Limited Government
define Codified
( of the constitution )
Written in one place
define Entrenched
( of the constitution )
Not easily changed or amended - includes provisions and safeguards to prevent alteration
( specifically ) requires 2/3 majority in congress to amend
define Political Sovereignty
Where political power lies in the eyes of the people - given that the people have popular sovereignty in democracy
define Legal Sovereignty
The supreme power or authority overall
The constitution in the US,
- an argument could be made that it’s congress representing the people and their power to change
define Separation of Powers
Members of the Legislature, Executive and Supreme Court cannot exist in more than one branch of
further on Separation of Powers
( trias politica model ) / tripartite
Idealised by Montesquieu ( of France ) and adopted by the founding fathers
to escape the overarching limitless power of the monarchy
define Check and Balances
Each branch of government has specific specialised power over the others in order to hinder a branches power
Exec and Legislative relationship ( US )
Exec - Recommend legislation, Veto, Call congress
Legi - Amend/Delay/Reject; Override Veto; Control budget; Investigate; Impeach, Trial and Remove
Exec and Judiciary Relationshop
Exec - Appoint judges, Executive pardon
Judiciary - Judicial Review
define Judicial Review
Court Proceeding whereby a judge reviews the actions of a governing body and deems them lawful or not
Judiciary and Legislative Relationship
Legis - Confirm appointments ( by Exec ); Initiate Amendments; Impeachment of Judges
Judiciary - Judicial review
Federalism
Powers of states are separate from the powers of Federal government
each with their own special power
powers of Federal Government
Levy taxes; Coin money; Regulate commerce; and declare war
