constitution
Cards (13)
- what are the key features of the us constitution?interpretative language, codified - sovereignty lies with constitution, entrenched - protected by law
- what are the two stages in the amendment process?
- proposal stage at national level
- ratification stage at state level
- arguments that amendment process good?
- it works - 27 amendments added
- constitution and its principles have endured the test of time
- requires bipartisanship which prevents tyranny of one party
- protects federalism by preventing one country from gaining too much power
- argument that amendment process doesn't work well?
- requirement for super-majorities makes process too difficult
- unelected supreme court gains too much power
- process allows for tyranny of minority
- too difficult to incorporate new and evolving ideas - out of date
- has allowed for poor amendments
- what are the five key principles of the US constitution?
- separation of powers
- checks and balances
- bipartisanship
- limited government
- federalism
- what can the states control according to the constitution?
- their election practices
- local law enforcement and criminal codes
- regulate the lives of their citizens
- what are the factors affecting federal-state relationship?
- 'commerce' clause allows federal government to regulate interstate trade, wide interpretation of this has granted more power to federal gov - e.g., obamacare
- federal law usually triumphs but not always - texas v us 2016 - DAPA ruled unconstitutional
- federal government has the funds alone to deal with issues such as terrorism and natural disasters - damage of 9/11 - $55bn, annual budget of NY in 2001 $80bn.
- 'necessary and proper' clause has allowed federal gov considerable growth - gov has 15 departments today, 3 at start
- strengths to constitution?
- interpretive amendments allows flexibility - e.g., obergefell v hodges
- interpretation allows for non partisan interpretation - obamacare only help up because valid tax under constitution
- amendment process allowed for change while protecting against unwarranted change - e.g., elected senate 1913 - 17th A
- states largely independent - e.g., death penalty + marijuana
- fed gov prevented from gaining mass P - e.g., texas v us
- rights mostly protected - sandy hook 2012 - right to bear arms
- weaknesses to the constitution?
- interpretative amendments trampled on roles of individual states
- supreme court allows accountable power to unelected judges - struck down DAPA - in electoral mandate
- amendment process stopped necessary change - 2nd amendment
- states powers diminishing - obamacare took supremacy over state healthcare systems
- federal gov - wide, unchecked P - obama and iran deal
- rights of citizens conflict - 2nd A - protects weapons but not those who lose life due to it
- arguments US federal today?
- each state can decide up variety of laws - e.g., marijuana 24 states
- supreme court has ruled against favour of federal gov
- electoral practices developing - e.g., online voting in west virginia
- political parties remain 'broad churches' - freedom caucus v susan collins
- appealing to supreme court not a right - 2017 refused to hear case on whether sexual discrimination in workplace extends to discrimination on basis of sexual orientation
- arguments US not federal today?
- growth of federal gov encroach upon state - kentucky - clerk imprisoned for refusing to issue same-sex marriage licenses afrer legalised
- electoral college places great importance on few states - e.g., cali worth 55 votes, texas 38, florida 29
- only federal gov has funds to deal with major issues
- supreme court also has tendency to vote for federal gov - NFIB v Sebelius case - upheld obama care
- what is the elastic clause?makes laws for executing powers for congress - it is the 'necessary and proper' clause in article I
- how does ratification impact representation?results in under and overrepresentation - Idaho with population of 600,000 gets equal say to california with population of 40 million