nature of the US constitution

    Cards (9)

    • codified
      It is codified bc unlike the UK's constitution, it is written down in a single document which sets out the structure and rules of governance in the US
      Individuals and institutions that govern the US derive their authority from the Constitution
      The Supremacy Clause, contained in Article VI, crucially sets out that the Constitution is 'higher law' than any other legislation passed in the US
      This means that other legislation can be struck down by the judiciary if it doesn't abide by the Constitution
    • entrenched
      It is entrenched bc it is v difficult to change, with the amendment process requiring supermajorities and consent from multiple bodies of the US pol system
      This means that there have only been 27 amendments to it since it was first introduced in 1789
    • amendment process
      the key principles of the constitution are protected by a difficult amendment process
    • what does the constitution protect against
      The Constitution protects against abuses power within the political system
    • judicial review
      Judicial review allows the Constitution be flexible and evolve
    • what is wrong with the difficult amendment process
      means the constitution is outdated
    • what does the rigid nature of the constitution do
      The codified and rigid nature of the Constitution facilitates rather than prevents abuses of power
    • what are the advantages of the vagueness of the constitution
       the vagueness of the US Constitution and use of implied powers has allowed it to modernise without the need to engage in the difficult amendment process
      implied powers still retains the fundamental principles of the Constitution
      the SC ensures that implied powers can be used without being stretched too far, therefore protecting the authority of the states
    • disadvantages of the vagueness of the constitution
      implied powers allows the Constitution to change without the consent of the ppl, which the formal amendment process would guarantee
      the vagueness of the Constitution has allowed the fed gov to extend its power far too much, limiting the power of states
      the vagueness of the Constitution gives the unelected SC far too much power to interpret the Constitution
    See similar decks