1.1 Nature of the US Constitution

Question 1

7

List the articles of the US Constitution

Answer 1

Article I - Legilsative branch
Article 2 - Executive branch
Article 3 - Judicial branch
Article 4 - States
Article 5 - Amendment process
Article 6 - Supreme Law
Article 7 - ratification

Question 2

4

Describe the codifcation of the US Constitution

Answer 2

• Codified - written in single 7000-word document (Bill of Rights)
• Constitution is source of all political power
• Amendments have been made, but original document remains sovereign
• As codified, US constitution is judiciable

Question 3

3

What does it mean if the Constitution is judiciable?

Answer 3

• Higher form of law
• Judges can intepret actions and laws according to Constitution
• Can strike down laws - deem laws ‘constitutional’ or ‘unconstitutional’

Question 4

4

Describe the entrenchment of the US Constitution

Answer 4

• Document is protects istelf by Article V
• Article V outlines amendment process
• Ensures constitution can be changed in response to emerging need
• Not so flexible as UK that it can change frequently

Question 5

3

Describe the vagueness of the US Constitution

Answer 5

• Short length of document leads vagueness to allow for compromise
• Constitution is codified, but not every power is outlined
• Leads to division between enumerated and implied powers

Question 6

2

Describe emurated powers

Answer 6

• Powers explicitly written down in the US Constitution
• Identified as powers explicitly given to the 3 branches in the first 3 articles

Question 7

2

Give examples of enmurated powers

Answer 7

• Congress given power to ‘lay and collect Taxes, Duties, Imports, Excises’ (Article 1)
• Presidential veto, pardon, President is commander of armed forces, making treaties, appt judges and ambassadors

Question 8

2

Describe implied powers

Answer 8

• Powers not explicitly laid out in Constitution
• Gained from interpretations of vague language of US Constition

Question 9

4

Give examples of implied powers

Answer 9

• Power to form cabinet
• Sign executive orders
• Sign executive agreements
• Sign executive privilege

Question 10

2

Describe the ‘necessary and proper clause’

Answer 10

• Congress given power to make any law that allows it to carry out its emurated powers
• Has been used to extend its power over time

Question 11

2

Describe Article 1 vs Article 2

Answer 11

• Article I (Congress) more detailed and specific than Article II (President)
• Congress given emurated powers to ensure it cannot be usurpsed by Executive (e.g. overturn of Presidential veto)

Question 12

2

Describe limits to the ‘necessary and proper clause’

Answer 12

• Detail and specificity of 2nd Amendment (right to bear arms) limits ability of ‘necessary and proper powers’ to enact gun law change
• Comparative vagueness of Article 2 has led to expansion of powers of Presidential branch

Question 13

2

Describe the branches of the US Constitution

Answer 13

• 3 branches: legislative, executivem judicial
• Replicated at federal and state level

Question 14

2

Describe the features of the legislative branch of the US Constitution

Answer 14

• Congress
• Split into the House of Representatives (lower chamber) and Senate (upper chamber)

Question 15

9 - don’t need all

Describe the powers of the legislative branch

Answer 15

• Set and collect taxes
• Borrow money
• Regulate foreign commerce
• Establish rules on citizenship
• Coin money
• Set standards of weights and measures
• Declare war - though often ignored
• Raise an army
• To make laws ‘neccessary and proper’ to carry out these powers

Question 16

2

Describe the features of the executive branch

Answer 16

• President
• VP (cannot be dismissed) and Cabinet

Question 17

6

Describe the powers of the executive branch

Answer 17

• Commander in Chief of Army and Navy
• Make treaties
• Grant pardons
• Appoint judges and ambassadors
• Address Congress on State of Union
• Veto legislation

Question 18

3

Describe the features of the judicial branch

Answer 18

• Supreme Court
• Court of Appeal
• District Courts

Question 19

3

The judicial branch rules on issues arising from…

Answer 19

• Constitution
• Conflicts between states
• Conflicts between state and federal government

Question 20

5

Describe important amendments to the Constitution

Answer 20

• 1st amendment - protects rights such as freedom of speech, press, assembly
• 2nd amendment - protects right to keep and bear arms
• 5th amendment - individuals not compelled to provide incriminating evidence about themself
• 8th amendment - death penalty constitutional as long as it is not cruel
• 10th amendment - protects state rights

Question 21

2

Describe the 2 stages of the amendment process

Answer 21

• Proposal stage
• Ratification stage

Question 22

2

Describe the amendment process (starting at a federal level)

Answer 22

• Proposed amendment achieves 2/3 supermajority in both houses of Congress
• Amendment ratified by simple majority in 3/4 of state legislatures (used 26 times) OR amendment ratified by state ratifying convention in 3/4 states (used only for 18th amendment)

Question 23

3

Describe the amendment process (starting at a state level)

Answer 23

• 2/3 states call for national constitutional convention
• Amendment ratified by simple majority in 3/4 of state legislatures (used 26 times) OR amendment ratified by state ratifying convention in 3/4 states (used only for 18th amendment)
• This process has never led to a ratified amendment

Question 24

4

List the advantages of the amendment process

Answer 24

• Prevents short-lived trends becoming amendments
• Supermajorities prevent tyranny of large states
• Ensures broad support
• Protects state rights

Question 25

# 4 List the disadvantages of the amendment process

Answer 25

* Difficulty in ensuring constitution stays up to date * Minority interests ignored * Excessive power granted to SC * Has not been effective (18th vs 21st amendment on prohibition and repeal)

Question 26

# 4 Describe how the amendment process ensures broad support

Answer 26

* supermajorities in both stages * support of 3/4 states across USA * prevents short-term trends becoming amendments (e.g. prohibition) * especially important given increased party polarisation

Question 27

# 5 Describe how the amendment process protects the principles of the US Constitution

Answer 27

* Leads to separation of powers and republican ideals * Results in bipartisanship through requirement of supermajorities * Day-to-day governance conducted by Congress and individal states * Promotes education on rights of America * Prevents Constitution being manipulated for political ends

Question 28

# 4 Describe how the amendment process prevents the tyranny of the majority by states

Answer 28

* If amendments made on population alone, populous larger states could dominate process * most populous states make up 37% of population * Biden won CA by over 5m votes in 2020, leading to popular vote success * Ensures smaller states remain important part of US Constitution

Question 29

# 2 Describe how the amendment process prevents the tyranny of the majority by single parties

Answer 29

* supermajorities prevent single-party dominating (e.g. Republicans proposing balanced budget amendment) * Prevents constant changes to Constitution through repeal

Question 30

# 3 Describe how the amendment process leads to outdated ideas being retained

Answer 30

* Equal Rights Amendment (to equally recognise rights of men and women) was only ratified by Virginia in 2020, 50 years after amendment had been sent for state ratification * Some aspects have constitutionally evolved (e.g. moving from appt to elected Senate), yet others remain * Failings of electoral college in 2000 and 2016

Question 31

# 3 Describe the difficulty in passing campaign finance reform

Answer 31

* 2020 saw political spending reach $14.4bn * Challenges liberal idea of 'one man, one vote' as money appears crucial to success * constitutional change necessary - but unlikely to pass

Question 32

# 5 Describe how the amendment process grants power to the SC

Answer 32

* SC has powers of final abitrator when interpreting Constitution * Can effectively make law * e.g. 2021, ruled to uphold voting registration changes in AZ * SC can change Constitution considerably, yet lacks accountability as unelected (limited checks) * SC decisions can be circumvented by amendment, yet difficult to ratify

Question 33

# 3 Describe how the amendment process leads to tyranny of the majority

Answer 33

* Supermajority makes it difficult for minority groups to enact Constitutional change * Much of American states largely homogenous * e.g. voting rights

Question 34

# 4 Describe a poll on the 2nd amendment

Answer 34

* 2018 YouGov poll on 2nd amendment * calls for repeal as mass shootings increased * only **1/5** Americans wanted amendment repealed * thus necessary to have high thresholds for amendments so they reflect will of people

Question 35

# 3 Describe the Marriage Act 1996

Answer 35

* Formally recognised marriage as between man and woman * *Obergefell v Hodges* (2015) invalidated Act * Yet chances of amendment to recognise LGBT rights seem slim - restircted to respect for marriage act 2022

Question 36

# 3 for and against points Describe the argument that the amendment process is effective

Answer 36

* Ensures broad support in rigorous process vs outdated aspects remain * Protects principles of federal constitution vs excessive power granted to the SC * Prevents tyranny of majority vs minority interests ignored

Question 37

# 1 What is the US Bill of Rights?

Answer 37

First 10 amendments to constitution

Question 38

# 2 Describe the 27th amendment

Answer 38

* Delayed laws affecting Congressional salary from taking effect until after the next election of representatives. * Took over 200 years from being proposed to being ratified

Question 39

# 2 How may a Congressman/Senator be expelled? (with an example)

Answer 39

* By 2/3 supermajority in their own chamber * George Santos expelled by 311-114 vote