vagueness

• how is the vague nature of the constitution seen?

  difference between enumerated and implied powers
• enumerated powers (key terms)?

  powers specifically and explicitly written down
• implied powers (key terms)?

  powers not specifically granted in the constitution but allows congress to make all laws necessary and proper for carrying out its duties
• where are enumerated powers seen?

  identified in first 3 articles as powers explicitly given to each branch of govt
• what does Article 1 state?

  congress explicitly given the power to collect taxes
• what is the vague clause known as?

  the necessary and proper clause- used to extend the powers of congress over time
• what does the necessary and proper clause do (key term)?

  clause within Article 1 that allows congress to assume any powers which are necessary for it to be able to carry out enumerated powers

  also known as the elastic clause
• powers of branches

  
• how is the elastic clause controversial?

  used to justify major expansion of the power of federal government. McCulloch v Maryland 1819, the Supreme Court tested the necessary and proper clause and ruled that Congress has the power to create a national bank, even though the right to create a bank is not explicitly stated in the Constitution
• how is vagueness an advantage?

  allowed Constitution to survive for such a long time as its meaning can be adapted without the need for formal amendments.

  more detailed Constitution would've been harder to apply to the needs of modern society.
• The Supreme Court could become too powerful? dis of constitution

   allows individual justices to apply own ideologies when ruling on a case.

  Each justices associated with a particular ideology, consistently ruling with a clear bias. For example, liberal justices typically interpret the Constitution to achieve liberal outcomes.

  more detailed Constitution less room for this bias.
• significant conflict dis consitution

   lack of clarity leads to strong disputes, each side claiming their particular view of the Constitution is more legitimate.

  based on ideology and allows further divisions in US society.

  
  

  Conservatives and liberals argue about how far Constitution allows the federal government to control the states.
• example of Supreme Court too powerful?

  For example, 8th amendment ‘cruel and unusual’ phrase has been used by some justices to allow the death penalty, while others say the death penalty is unconstitutional.
• example of significant conflict?

  increasing divide between Democratic and Republican Parties over issues such as gay rights, race and policies such as the Affordable Care Act.