Chapter 5 - The Constitution Flashcards
(27 cards)
Constitutionalism
The constitution should be strictly followed and be of top importance.
America vs Canada regarding constitutions
All Americans believe the constitution is great and amazing but interpret differently.
Lots of Canadians don’t like constitution.
Second Amendment
A militia, necessary to the security of a free state, can bear arms.
First Constitution
First one was called Articles of Confederation.
Philadelphia Convention tried to fix the errors of the first.
Philadelphia Convention
The convention at which the founding fathers created the constitution.
American Foundational Myth
Founding fathers are given heroic status because they lead society to freedom.
The revolution was like big military battle coming together etc.
People died for this fucking… idk ideal state?
Originalists
Those who attempt to interpret the constitution by trying to best guess what the founding fathers meant in the 1780s.
Divisive Issues at the Convention
Big States vs Small States
Institutional Power
State vs. Federal Governments
Slavery??
Inception of Congress as it relates to Big States v Small States
- Bicameral legislature (end up being 1 to benefit large states (rep by pop), one for small).
Federalism
State where sub-national governments are equal (pretty sure that’s not the definition) but it never ends up that way.
It’s not static.
Evolution of Federalism
- Thirteen Colonies were powerful and independent.
- SCOTUS also established its own power somehow and through rulings gave feds a lot of power
- FDR’s New Deal, LBJ’s Great Society, and the Cold War also increased federal power
American Civil War and Federalism
- Turned into a more unitary system (typical after civil war)
The Imperial Presidency
- Result of the Cold War
- They had a lot more control over states in the name of public security
- Is now normalized
Philadelphia Convention and Federalism
They intended it to be a very confederate system - a lot of state power.
More power now with the presidency and feds.
Originalists and Federalism
Originalists believe President, Feds have too much power.
OG Powers of Congress/President
Congress was supposed to have supreme public policy decisions, while the President just facilitated this and ran foreign policy.
Living Document People and Centralization
- They ALL believe that the federal government needs to be more powerful because of evolving societies. You read that right. ALL of them.
Believe its vagueness is it greatness.
Constitution vs Bill of Rights
Bill of Rights created first, enshrined second.
BoR first of its kind in the world
Slavery and the Constitution
Most obvious contradiction in the constitution.
Legally considered property.
Constitutional Amendments
27 amendments passed - 10 were the bill of rights
So really 17.
2 of which were prohibition/removing prohibition
Equal Rights Amendment (P. 124)
Constitutional amendment that you can’t pass sexist laws.
Hasn’t been passed because some are worried about equity laws (i’m skeptical)
5 Functions of the Constitution
Creates government institution Empowers those institution Symbolism Regulated Citizen-State relationship Provides amending formula
Forms of Constitutions
Written and unwritten
Unwritten = British-style based on laws, conventions, and precedents
Flexible or Rigid
American one is rigid.
Amending the Constitution
Every single state agrees to constitutional convention
or
Two-thirds of both houses have to ratify it, the president, and then 3/4 (38) state legislatures.
