US Constitution and Federalism - Topic 1.1 Flashcards
The US Constitution and its rights, powers and processes
Why is the Constitution vague?
And what does this mean for the Constitution?
Vague language allows for compromise between delegates (Representatives and Senators) and agreement between states federally. The vagueness of the document has allowed to keep it important, relevant and can adapt to changing circumstances
What has the vagueness of the Constitution caused over time?
In terms of Congress and the Executive
- The vagueness of the document has given rise to implied powers and expanding the powers that Congress and the Executive have from the original enumerated powers
- The ‘necessary and proper clause’^ has allowed Congress to expand its powers over time
- The vague language in Article II has allowed the Executive to expand considerably
^ - Allows Congress to assume any power to be able to carry out its duty
What has the specifity of the Constitution caused over time?
In terms of Congress and the Executive
- The Second Amendment is quite detailed and specific, so gun control has been hard for many presidents
- Article I is more specific than Article II to keep the legislature independent from the executive and make sure the President can’t become tyrannical
- Article I is so specific that it has had a harder time in increasing its power as it has little room for interpretation
Why is the codification of the Constitution important?
It is the only source of power in the US and the key powers that the federal or state government hold are given to them by the Constitution. The document remains sovereign and judiciable, allowing for judges to rule actions as ‘unconstitutional’
What is the importance of the Constitution’s entrenchment?
The Constitution is protected by law and is by proxy, difficult to amend. Article V protects the Constitution; outlining the amendment process. It’s flexible enough when a need reveals itself, but isn’t to make sure it doesn’t change regularly
There are only 27 amendments, starting from 1791 with the Bill of Rights
What are the enumerated powers of the Legislative?
Both House of Representatives and the Senate
(Make laws)
- To set and collect taxes
- To borrow money on behalf of the United States
- To regulate foreign commerce
- To establish rules on citizenship
- To coin money and set the standards of weight and measures
- To set up courts under the Supreme Court
- To declare war
- To raise an army
- To make laws ‘necessary and proper’ to achieve these powers
What are the enumerated powers of the Executive?
President, Vice President and their cabinet
(Execute laws)
- To hold ‘executive power’
- To be Commander in Chief of the: Army, Navy, Airforce and Spaceforce, Marines and Coastguard
- To make treaties
- To grant pardons
- To appoint judges and ambassadors
- To address Congress on the State of the Union
- To sign and veto legislation
What are the enumerated powers of the Judiciary
Supreme Court and other federal courts
(Interpret laws)
- To rule on issues arising from the Constitution
- To rule on issues between two or more states
- To rule on conflicts between the federal and state government
What are the advantages of the formal amendment process?
- Need for a supermajority and bipartisanship ensures there would be no tyranny in any stage of the process. Forcing bipartisanship means that a single party cannot push through an amendment only for their supporters
- Amendments need the backing of the states too and therefore the populous.
- Federalism ensures that the states remain an important part of the process and the political system seeing them as states and not by population
- The process works and there have been only a few changes to the Constitution
- Rash decisions and allowing for flexibility prevents frequent change
- The Constitution is protected and its principles
What are the disadvantages of the formal amendment process?
- There could be chances of the tyranny of the minority. A minority of Senators, Representatives or states can stop an amendment from passing (e.g., The Equal Rights Amendment in 1972)
- Immensely difficult to achieve, especially now
- Mistaken amendments could pass through (e.g., the 18th Amendment)
- Difficult to change and keep up to date, and outdated aspects are still in the Constitution
- Underrepresentation of minorities
- The Supreme Court has been able to change and alter the meaning of the Constitution considerably since its writing. As it is unelected and unaccountable, the process to overturn court decisions take a long time and rarely happen
