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    means the constitution is outdated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