US Constitution Flashcards

(16 cards)

1
Q

Is the US Constitution codified

A

Yes, it is written in a single document, and it is entrenched meaning it can’t be changed unless it goes through a legal process

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2
Q

Why is the U.S. amendment process considered rigorous?

A

It has to have a 2/3 majority in Congress
- 3/4 of the state must approve of it- ratification
- requires supermajorities

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3
Q

How many amendments have been made to the Constitution?

A

27, it has a 0.27 success rate

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4
Q

How does the amendment process protect fundamental rights?

A

Rights like free speech or due process are safeguarded by making it hard for short-term majorities to take them away.

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5
Q

How does the amendment process promote national consensus?

A

Amendments need support across the entire country, ensuring they reflect broad agreement, not just regional or political trends.

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6
Q

How does the process prevent abuse of power?

A

No single branch or party can amend the Constitution alone — prevents authoritarian rule or radical changes.

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7
Q

What was the Philadelphia convention?

A

Was held in 1787 and the constitution was written there by a group of people called the framers, representatives of 12 of the 13 original states

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8
Q

What is the three main aims of the constitution?

A

One – prevent tyrannical rule (American war of independence against Britain)
Two – preserve states’ identities (were governed as separate colonies under British - had distinct social and political identities. they decided to create a central govt for security and efficiency but all wanted to maintain a level of autonomy)
3 - protect individual rights - many of the framers followed the ideas of classical liberals

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9
Q

The constitution is based on 4 key principles, name these

A

Federalism, limited government, separation powers, bipartisanship

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10
Q

The constitution contains a mixture of enumerated and implied powers, explain these

A

Enumerated powers – powers that are clearly provided to a specific person or branch. E.g. the p has the power to Veto legislation pass by Congress.
Implied powers – powers that are suggested by the constitution or its amendments. EG article 2 appoints the p as Commander and chief of the armed forces, but it doesn’t specifically say that this allows the president to order military action

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11
Q
A
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12
Q

The US Constitution is sovereign, what does this mean?

A

It takes precedence over any law pass by Congress or by one of the states

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13
Q

How was the role of the Supreme Court Vague?

A

Article 3 had no mention of the courts role in interpreting the constitution but nor does the constitution give this power to either of the other two branches of government

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14
Q

What is the elastic clause of the constitution?

A

It grants Congress a wide ranging vague power to do whatever it seems to be necessary to fulfil its duties - Congress has used this to create federal departments like the department of homeland security

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15
Q

How is the constitution vague regarding states?

A

There’s no list of the powers that each state possess leading to debate and confusion between them and the federal government
The 10th amendment simply says that any powers not delegated to the federal government or reserved by the states

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16
Q

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