Features Flashcards
(14 cards)
Amendment
C has 7000 words which are unchangable expect via amendment
- makes the C judiciable (open to interpretation)
Article V
Makes it hard to amend as its entrenched
Amended only 27 times
10 happened before 1791 as constitution was new and fragile
- 10 amendments = Bill of Rights
- 13th amendment was in 1865
Criticized as outdated
Civil Religion
The constitution is so unchangeable that they can’t change needed laws (Gun Law)
Different political groups interpret the constitution to keep the status quo
Unclear Areas
Some areas of it are very clear while the others must be inferred
Enumerated – explicitly outlined power in the US constitution
- What each branch of gov can and can’t do
Implied – inferred through interpretation
- The president is the chief of the US Air Force: didn’t have planes in the 1790s
Vagueness
Constitution is a compromised doc between Founding Fathers
- Nothern states wanted to abolish slavery while the southern didn’t
- Role of state
- Power of central gov
- Importance of bill of rights
Blend of specificity and vagueness
While the constitution is codified, it does not have every power outlined in it
3/5th Clause
3/5th Clause
Ban the importation
International slave trade by 1808
Slave is a 3/5 of a human
Vagueness +
Enumerated Powers
- Power is easily identified in the first 3 articles
- Explicitly given to each branch
- Right of congress to raise taxes to oppose the old articles of the confederation
Necessary & Proper Clause
- Congress can assume necessary power to fulfil its enumerated powers over time (evolutionary)
Allowed for power of the presidency to increase
Vagueness -
2nd amendment is not vague: right to bear arms - Makes is difficult to change and have gun control Article I is less vague than Article II FF’s fear of strong executive - Article I: give power to Congress to ensure it can’t be usurped by the president - Article II’s vagueness allowed for the President to gain more power - Congress is restricted by the wording of Article I: it allows for little interpretation.
: But vagueness also allowed it to adapt and remain relevant for 200 yrs
Bipartisanship
Wanted the two parties to work together and not divide America
Thought constitution was a perfect system
Impractical idea
- People have ideas and they will want to organise together
Hyper Partisanship
Have that instead which divides the parties more
Obama having many Republicans in his last Democratic term which meant not a lot happened
Amendment Process
Article V outlined it
Nearly impossible to amend
- Usually happens after a big even (Civil War)
Proposal Stage
- Amendment is proposed by House of Rep and Senate
- With two thirds of the supermajority
Ratification Stage
- 3/4 Of the State Legislatures approve of the Amendment
- All states must agree with the amendment
Elastic Laws
Congress can do anything that is necessary and proper to response to a crisis (Covid)
Necessary and proper is up to interpretation so has flexibility
National Constitution Convention
the idea of amending the US constitution at federal level
Term is so vague that specialists are unsure if it can even happen
State Ratifying Conventions
Equally unheard of as National Constitution Convention
Happened only once in 1933
