us constitution Flashcards
natures of the uS constitution
- codified constitution
- it is a blend of specificity and vagueness
- its provisions are entrenched
define entrenched
the constitution is protected from changes by law or abolished [ also makes it harder to amend ]
define enumerated powers
- these are stated in the first 3 articles in the us constitution
- these are powers delegated to the federal government under the constitution [ it is written down SPECIFICALLY ]
What are the powers not specifically specified in the constitution called
implied powers
what do the implied powers allow the federal government to do
they allow the the federal government perform the enumerated powers and this is done through the wording of the constitution [ implying how they should run the country ]
what are the necessary and proper clause and the elastic clause
this empowers congress to make all laws as long they are necessary and proper in order to carry out the federal duties
- it is called the elastic clause as it allows congress to stretch its powers
where in the constitution does it say about the amendment process
article 5
what are the two ways the constitution can be ammended
- a two thirds majority in each of the houses of congress ( house of rep and senate
- or by a special constitutional convention that is called by at least two thirds of the states
- a proposed amendment must then be ratified by 3/4 of states
when were the bill of rights written
1791
what is the bill of rights
- this is the first 10 amendments in the US constitution
- it contains most of the key individual rights of an American citizen
what are the key individual rights in the US constitution
- first amendment –> right to freedom of expression
- sixth amendment –> the right to a fair and speedy trial
how is the separation of powers split in the US constitution
- executive ( president )
- legislative ( congress )
- judicial ( Supreme Court )
what are checks and balances
- the abilities and powers that are exclusively given to one branch of government in order to ‘check’ the actions of the other branches.
- These powers are often constitutionally enshrined.
what are the checks from congress to the president?
make laws and allocate funds
what are the checks from president to congress
veto legislation
what are the checks from congress to the Supreme Court
confirms judicial appointments
what are the checks from the Supreme Court to congress
rules on legislation
what are the checks from president to Supreme Court
appoints justices
what are the checks from Supreme Court to president
rules on executive action
what is federalism
when the power is shared between the ( federal ) government and the 50 individual states
key principles of the US constitution
- federalism
- limited government
-seperation of powers
examples of federalism
in 2019, 19 states passed laws to restrict voting rights whilst 25 states passed laws expanding voting rights. the power if controlling how elections are run belong to the states based on article 1 of the constitution
examples of limited government
the bill of rights prevents the federal government from restricting the rights of individuals and states
- such as the 1st amendment (freedom of expression) limits the government by protecting individual freedom
examples of separations of powers
because no one is allowed in more than one branch at the same time, in order to avoid tyranny, in 2009 Barack Obama had to give up his senate seat to align with the founding fathers constitutional rules.
