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The US constitution


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Anita Okunde


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[Front]


What is the consititution?
[Back]


Sets out the role of government and how it works

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The US constitution - Details

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29 questions
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What is the consititution?
Sets out the role of government and how it works
What makes it special?
Shortest constitution in the world with 7 articles and 27 amendments
What are the seven different articles?
The executive branch, the legislative branch, judicial branch, federal and state relationship, amendments, miscellaneous provisions and ratification
What are the first three articles known as?
The separation of powers and they also involve checks and balances
What is the first amendment?
The freedom to religion, speech, press, assembly and petition the government
What is the second amendment?
"the right to bear arms"
What are some other amendments in the constitution ?
If the power hasn't been given to the federal government, it belongs to the state, slavery is illegal, both women and men have the right to vote, congress must limit their pay, A president can only serve two terms
What does it take to pass an amendment?
For 2/3 of congress to propose it and 3/4 of state legislature to ratify it (26/27 amendments passed this way)
How are Republicans more likely to interpret the constitution as?
Originalism - taking each word literally, to the letter
How are Democrats more likely to interpret the constitution as?
Living constitution - apply it to modern day
Who were the founding fathers?
A group of men from the original 13 states such as Washington, Franklin, Madison and Hamilton
What are the key features of the constitution?
Codified, rigid, provisions are entrenched, it has a blend of specificity and vagueness
What are examples of vagueness in the constitution?
Implied powers, reserved powers, concurrent powers
What are examples of specificity in the constitution?
Congress has power to "collect taxes" and "to coin money" and article 1 section 8
What is article 1 section 8?
Congress empowered to make all laws 'necessary and proper' to carry out the federal government's duties. Very elastic and allows power of the federal government can be stretched
What are concurrent powers?
Powers held by the federal and state government at the same time
What are reserved powers?
Powers not delegated to the federal government or prohibited by states are reserved for the states and to the people
What are implied powers?
Powers that the federal government has by inference but not explicitly mentioned in the constitution
What does codified mean?
Systematic and authoritative collection of rules that are written in a single document
What is the Supremacy clause?
Constitution is the supreme law of the land and takes precedent over any other laws
What is entrenchment?
A strongly defended position from which you cannot be moved
What are the advantages of the amendment process?
Super majorities mean that only amendments with overwhelming support are passed, lengthy and complicated process which makes it unlikely to be sued over short term issues, both federal and state governments must be in favour
What are the disadvantages of the amendment process?
Overly difficult to change meaning the bad and the good is entrenched (2 amendment and electoral college), minority can frustrate the will of the majority, doesn't always stop short term trends (prohibition 1918) difficulty of amendments means power of interpretation left to unelected supreme court is excessive, small states are overrepresented in the process
What are the constitutional powers of the president?
Can check congress by veto bills, can check supreme court by nominating judges and issuing pardons (eg Trump - Roger Stone)
What are the constitutional powers of congress?
Can check president by amending, delaying, or rejecting proposals, can override vetoes, has the power of the purse, not approving presidential appointments or his treaties, impeaching the president
What are the constitutional powers of the supreme court?
Check congress by declaring laws as unconstitutional, can check the president by ruling their actions as unconstitutional