Nature of the US Constitution USP Flashcards
(25 cards)
what was the Connecticut Compromise
- Senate has equal representation per state
- HOR has representation based on state
what does article 1 articulate
sets out power of legislative branch and its compositions
what does article 2 articulate
role of the executive and their powers
what does article 3 articulate
judicial branch and the power the supreme court holds
what does article 5 articulate
the amendment process
what is the first amendment
freedom of religion, speech, press, assembly and petition
what is the second amendment
right to bear arms
what is the tenth amendment
rights reserved to the states
how many amendments have there been since the creation of the bill of rights
17 (27 in total, first 10 is the bill of rights)
what is the 13th amendment
abolition of slavery
what is the 16th amendment
congress has power to lay and collect income tax
what is the 19th amendment
women’s suffrage
what is the 22nd amendment
presidential term limits
what does article 6 outline in the constitution
the constitution is the ‘higher law’ than any other legislation passed
explain amendment process
- PROPOSED = 2/3 vote in both houses
- RATIFIED = 3/4 in state legislature
why was the 22nd amendment proposed
Franklin Roosevelt had won his 4th term in a row - concerns about presidents serving unlimited amount of terms
how many amendments have been proposed in total
over 11,000
explain the ‘EQUAL RIGHTS AMENDMENT’ and how is failed
- guarantee legal rights for all citizens no matter what sex
- first introduced in 1923
- reintroduced in 1971 (with second wave feminism)
- 35/38 needed states vote for it
HENCE FAILURE
explain the ‘FLAG DESECRATION AMENDMENT’ and how is failed
- started due to TEXAS vs JOHNSON, where the supreme court deemed it as a 1st amendment right to burn a flag
- fell short by one vote in the senate
advantages of codification, entrenchment and the amendment process
- key principles protected through difficult amendment process
- easily found and understood
- protects abuse from within political system
- judicial review is flexible
disadvantages of codification, entrenchment and the amendment process
- rigid and outdated and fails to evolve with society
- facilitates abuse of power (e.g. United vs FEC means 1st amendment justifies rich donors for political campaigns)
- amendment process is undemocratic (super majorities)
- unelected supreme court given too much power
how can the constitution be seen as specific
- sets out enumerated powers
- Insterstate Commerce ( A1S8 ) = gives powers such as establishing post offices and raising/supporting armies to states
- 10th amendment highlights powers of the states
how can the constitution be seen as vague
- elastic clause = power to pass laws deemed necessary for executing its enumerated powers
- commerce clause = regulate commerce with foreign nations, and among the several states (1964 civil rights act - end of racial segregation)
advantages of the constitution vagueness
- vagueness allows constitution to progress with contemporary society
- still protects the key principles of constitution
- Supreme Court ensures implied powers are not taken too far = US vs LOPEZ (congress attempted to use interstate commerce law to limited possession of firearm near schools)
