vagueness 1.1 Flashcards
‘enumerated powers’
powers explicitly stated (e.g. Article 1 Section 8 provides a list of congressional powers)
why is the constitution sometimes unclear
Founding Fathers often had fights and some people want the constitution to be vaguely interpreted
3 example of enumerated powers held by CONGRESS
- collection of tax and duties
- common defence and welfare of country
- regulation of commerce ( internationally and interstately )
3 example of enumerated powers held by PRESIDENT
- heads executive branch
- vetoes legislation
- proposes measures to congress
example of enumerated powers held by COURTS
- rule of cases on the constitution, treaties and law of United States
the implied powers of CONGRESS
- interstate commerce
the implied powers of PRESIDENT
- commander in chief of armed forces
the implied powers of THE COURTS
- judicial review
define Article 1 section 8
’ to make all laws which shall be necessary and proper for carrying into execution the foregoing powers’
what is the nickname of ‘Article 1 section 8’
elastic clause (allows congress to stretch powers)
when was a time to ‘Article 1 section 8’ was used in controversy
- McCulloch vs Maryland 1819
- agreed that congress has the power to create a national bank
concerns that come with the vagueness of the constitution
- could fail to regulate political practice
- Obergefell vs Hodges 2015 = gay marriage and essentially making stuff up as they were going along
*supreme court becoming too powerful
- 8th Amendment ‘unusual’ has been used to let death penalty happen
*Cause of significant conflict
- political ideologies take the relay and let polarisation run deep when inferring the constitution
