What type of constitution does the US have?
Codified
Give two examples of compromises in the constitution
- Electing the president: some wanted a direct election others said the president should be appointed COMPROMISE = indirectly elected by an electoral college
- Representation: large pop states wanted rep to be proportional to pop, small pop states wanted equal rep COMPROMISE = congress made bicameral
What is a codified constitution?
A constitution that consists of a full and authoritative set of rules written down in a single document
What do the first three articles of the constitution do?
They explain how the three branches of federal government would work and what their powers are
What is article I of the constitution?
Establishes congress as the national legislature - defines it’s membership, method of election & powers
What is article II of the constitution?
Establishes the president as the chief exec - defines their method of election & powers
What is article III of the constitution?
Establishes the US Supreme Court - sets out it’s membership, method of appointment & powers
What are specific powers given to congress in the constitution?
- The power ‘to collect taxes’
- The power ‘to coin money’
(Article I)
What are enumerated powers?
Powers given to the federal government by the US constitution
Give an example of an enumerated power
The vice president is also president of the senate and has the casting vote in the event of a tie
What are implied powers?
Powers possessed by the federal govt by inference from those powers delegated to it in the constitution
Give an example of an implied power
Congress’ power to draft people into the armed forces may be implied by Congress’ enumerated power to raise an army and navy
What are reserved powers?
Powers not delegated to the federal government or prohibited to it by the constitution - ‘reserved’ to the states
Give an example of a reserved power
Marriage and divorce laws differ between states
What are concurrent powers?
Powers possessed by both the federal and state governments
Give an example of a concurrent power between state & federal govts
Highway management and maintenance e.g. the fed govt is responsible for the interstate system and states manage interstate highways
How many times has the constitution been amended?
27
What is required for the constitution to be amended?
A supermajority - where approval is required by a two thirds majority of congress
What is required for the constitution to be amended?
A supermajority - approval is required by a two thirds majority of congress to ratify the constitution
What are advantages of the amendment process?
- Supermajorities ensure against a small majority being able to impose it’s will on a large majority
- The lengthy and complicated process ensures amendments aren’t trivial & based on temporary issues
- It ensures both the fed govt & state govt favour a proposal
- It gives a magnified voice to the smaller pop states (through the senate’s role & the requirement for agreement of 3/4 of state legislatures)
What are disadvantages of the amendment process?
- It makes it overly difficult for the constitution to be amended thereby perpetuating what some see as outdated provisions e.g the EC
- It makes tyranny of the minority possible - small pop states overly represented
- The lengthy/complicated process cant allow for rapid change in times of crisis
- The difficulty of formal amendments enhances the power of the SC to make integrative amendments (undemocratic)
What is the bill of rights?
Ten amendments that outline the basic rights of individuals - entrenched in the constitution
What are the 5 key principles the constitution is based on?
- Bipartisanship
- Seperation of powers
- Checks and balances
- Federalism
- Limited government
What are checks & balances?
A system of govt that gives each branch the means partially to control the power exercised by the other branches
