Creation of constitution Flashcards
(17 cards)
When and by who was the constitution made
came out of the Constitutional Convention in Philadelphia in May 1787
delegates from 12/13 original states (excluding rhode island) agreed on how the US should be governed
took 4 months to write and completed on September 1787
connecticut compromise
difference among the sates on how they should be represented in congress
states with large population wanted representation based on population
smaller states wanted equal representation
The CC agreed on a bicameral structure where senate has equal rep per state and HoR has rep based on population
3/5 compromise
disagreement between states in the north and south non whether slaves should be counted as part of a states population
- southern states had large numbers of slaves so doing so would increase their rep in the HoR
settled on counting slaves as 3/5ths of a human
remained part of constitution until 1865 where the 13th amendment abolished slavery
7 articles of US constitution
article I - legislative branch (congress)
article II - executive branch (president)
article III - judicial branch (SC)
article IV - relationship between states
article V - amending the constitution
article VI - prior dept, national supremacy clause and oaths of office
article VII - ratification procedure
how many amendments since the 7 articles
27
first 10 amendments known as …and when were they created
bill of rights
1791
how is the US constitution codified
written in a single document
individuals/institutions derive authority from the constitution
what is the supremacy clause
sets out the constitution is ‘higher law’ than any other legislation passed in the US
thus, other legislation can be struck down and unmade by the judiciary if it doesn’t abide by the constitution
how is the US constitution entrenched
very difficult to change due to the amendment process requiring super majorities and consent of multiple parts of US political system
thus, specially protected and very few amendments since creation
how is the US constitution vague
given the founding fathers had differing views on the role of states, slavery, power of central gov and importance of a bill of rights, a more vague document allowed for compromise of delegates and agreement of states
vague nature seen through enumerated and implied powers
Advantage of codification
(Rules of gov and separation of powers are clear)
Since the rules of US political system is codified into one document it ensures both that they are easily followed and that the US population is well informed about their political system and their rights
Advantage of codification
(Protects against abuses of power)
Codification makes clear rules and limitations of gov power ensuring that it is clear when the gov abuses their power and that it can held to account
- Judiciary plays a key role in checking power of branches by striking down legislation that breach constitution
- This protects federalism and powers of states from federal gov and from amendments they don’t support being forced in them
Advantage of entrenchment and amendment process (serving benefits
Protects against politicians seeking to amend it for their own benefit
Judicial review and positives
Enables constitution to be flexible and evolve with a changing society and in response to political circumstances even if the formal amendment process allows for little change
Particularly the case if one takes the living constitutionalism approach to interpreting the constitution
Disadvantage of codified rigid nature
(Facilitates abuses of political system)
In Citizens United v Federal Elections Commission, the 1st amendment was used to justify rich individuals being able to donate huge amounts of money to political campaigns
Also the constitution doesn’t adequately protect rights as the 2nd amendment has facilitated mass loss of life in school shootings arguably infringing on the right to life
Advantage of codification
(Rights)
Basic rights are codified in the Bill of Rights which prevents legislation from threatening rights
Disadvantage of codified and entrenched constitution
(Supreme Court power)
Gives the unelected Supreme Court an excessive amount of power
- it’s the supreme courts job to implement the constitution and therefore interpret it how they wish allowing justices to make huge changes to political life and to the constitution through changing the interpretation as seen in relation to abortion rights
This so especially problematic as the Supreme Court is politicised therefore calling into question its ability to interpret the constitution and prevent abuses of power by implanting it
