US Constitution Flashcards
(37 cards)
How can a Constitutional amendment be proposed?
Propose amendment:
- 2/3 supermajority in HoR and Senate ( this has
always been used)
- Or 2/3 state legislatures to call for a national
convention to propose amendment
Ratified by at least:
- 3/4 State legislatures
Or ¾ state ratifying conventions held in every state
1st Amendment
Freedom of religion, speech, assembly and petition
Example of 1st Amendment in SC
Texas v Johnson (1989) – SC ruled 5-4 that burning American flag was protected as ‘free speech’ after Johnson was charged with violating Texas law
2nd Amendment
Most controversial – right to bear arms
Can be interpreted to individual right to own guns or collective right to form a militia
Example of 2nd Amendment in SC
US v Miller (1939) – SC upheld national firearms act which required the registration of sawed off shotguns not protected by 2nd amendment as guns weren’t military equipment
DC v Heller (2008) – SC argued diff verdict that a law banning handguns in Washington DC was unconstitutional
3rd Amendment
Less relevant - Soldiers cannot be quartered in peoples homes without their permission
Not been used tbh
4th Amendment
Protect citizens from unreasonable searches and seizures of property through requiring a ‘probable cause’/warrant from judge to do so
Example of 4th Amendment in SC
Katz v US (1967) – Katz was convicted of illegal gambling after FBI recorded convos from public phone booth
SC ruled that evidence violated the 4th Amendment as FBI didn’t get warrant
5th Amendment
Longest Amendment – Protects the rights of those who are accused of committing a crime
- Requires grand jury of civilians to decide whether individual should be indicted/accused for a crime before being tried at court
- Ensures due process/fair treatment
- Cannot be forced to testify against yourself
Example of 5th Amendment in SC
Miranda v Arizona – confession cannot be used as evidence as accused had not been informed of his rights – now known as miranda rights
6th Amendment
Establishes the rights of someone accused of a crime
e.g. right to a speedy & fair trial
7th Amendment
Establishes rights to a trial by jury in most civil cases
8th Amendment
Freedom from excessive bail, fines and cruel and unusual punishments – most controversial
Example of 8th Amendment in SC
Coker v Georgia (1977)
- SC ruled that Georgia could not apple death penalty for rape as only a few states passed such laws, making it ‘cruel and unusual punishment’
9th Amendment
Called the forgotten amendment –
Reminder that the bill of rights does not list every right the people have, just bc rights aren’t included doesn’t mean they don’t exist
10th Amendment
Federal gov’t powers are limited to those enurmerated by the constitution
- 10th amendment used to uphold role of the state
Example of 10th Amendment in SC
Printz v US (1997)
Federal gov’t law passed requiring local authorities to perform background checks on people buying firearms
SC argued that this violated 10th amendment as Federal gov’t cannot force states to enforce federal law
Why is power over legislation divided between the President and Congress?
President proposes bill and measures congress – must pass bill in both chambers – president must sign bill (if he doesn’t want to he can veto but that can be overridden with supermajority).
What checks and balances over legislation are there between the Supreme Court and Congress?
Supreme court can strike down any unconstitutional laws but congress can propose a constitutional amendments.
An example of this is Pollock V Farmer Loan - 1895
What happened in Pollock V Farmer Loan (1895)
Supreme court declared federal income tax to be unconstitutional. Congress passed the 16th Amendment, giving congress the power to impose a direct income tax
What checks and balances exist over spending?
Congress has the “power of the purse” – all spending by the executive must be first approved in budgets passed by congress.
How has the presidency threatened power of the purse
In the short term - congress can be forced to cede power during crisis
Example is the Gulf War where President George H.W. Bush unilaterally changed the objective of the U.S. military from deterring an Iraqi invasion of Saudi Arabia to the liberation of Kuwait from Iraq without the consultation of Congress
Congress is therefore deterred from using its Power of the Purse in such cases of crisis where members risk harming their own re-election chances.
Whats an example of congress withholding funds/check over Presidency?
Example – The foreign assistance act of 1974 cut all military funding for the gov’t of S. Vietnam – ending Vietnam war – done by congress
What is a Presidential pardon? How does this balance the power of the judiciary?
In case the judiciary made a mistake in sentencing or was too harsh or etc, the president has the power to pardon those convicted in court. Acts as a forgiving the crime – restores rights lost when sentenced (vote, bear arms, serve on a jury, hold public office)
