Constitution Flashcards
(20 cards)
When was the constitution ratified?
Between 1787 and 1790
How many constitutional amendments has there been?
27
What is the Bill of Rights?
First 10 commandments of the constitution-1791
-protects powers of the states against the federal government
What are some key amendments?
1st-freedom of expression and religion
2nd-right to bear arms
4th-no unreasonable searches or seizures of peoples property
5th-protection against double jeopardy and self-incrimination
8th-freedom from cruel and unusual punishment
10th-right of the states to have reserved powers,as opposed to the federal government
What is the codification criteria?
Authoritative,entrenched and judicable
What are enumerated powers?
Powers that are explicitly stated in the constitution
What are some enumerated powers held by congress?
-collection of taxes
-declaration of war
-provision for maintenance of a navy or army
-establishing post offices
-establishing currency
What are some examples of enumerated powers held by the president?
-heads the executive
-nominates cabinet,ambassadors and judiciary
-proposes measures to congress
-vetoes legislation
-grants pardons
What are some examples of enumerated powers held by the courts
-rule on constitutional cases
What are implied powers?
Powers that aren’t explicit in the constitution but are necessary to govern
What are some implied powers held by congress?
-necessary and proper clause
-interstate commerce clause
What are some implied powers held by the president?
-commander in chief of the armed forces
What’s an implied power held by the courts?
-power of judicial review
What was decided in Mculloch v Maryland 1819?
-Supreme Court used necessary and proper clause to rule that congress had the power to create a national bank
What are some concerns with the vagueness of the constitution?
-failure to regulate political practice
-Supreme Court could become too powerful
-significant conflict
What is the amendment process?
Proposal:either by 2/3 of each house of congress or by a national convention at the request of 2/3 of the state legislature
Ratification:by 3/4 of the state legislature or 3/4 state convention
Which amendment was the only one to be ratified by state convention?
21st amendment ending prohibition
What are some challenges of the formal process?
-difficult to remove outdated aspects
-difficult to incorporate new ideas
-undemocratic
-gives Supreme Court excessive power
What are some advantages of the formal process?
-protects key principles of political processes
-protects states and uphold federalism
-prevents abuse of power
-prevents Ill-thought-through amendments
What are the 5 key principles of the constitution?
-federalism
-separation of powers
-checks and balances
-bipartisanship
-limited government
