US Constitution
- Created by: chriscorbin
- Created on: 14-08-20 01:38
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- US constitution
- Articles
- 1- Congress
- 2 - Executive
- 3 - Judicary
- 4 - States
- 5 - Amendment
- Step one: Requires support of 2/3 of both houses of congress or for 2/3 of states to call for a convention. Step two: Requires 3/4 of state legislatures to vote for the amendment.
- Article 6 includes the Supremacy clause which can be used to go against states rights.
- Bill of Rights
- Important: 1)Freedom of expression 2)Bear arms 10)Powers not provided to the federal government are reserved to states
- In Printz v. US the Brfady Handgun Act required background checks on all those who carry guns however this was ruled against the 10th amendment
- In 1989 case of Texas v. Johnson the Supreme court ruled that burning the American flag was constitutional. Was later followed up by a proposed amendment called the flag burning amendment to make it explicitly illegal it fell short by one vote in the senate.
- Freedom of religion has meant that since 1963 Engels v. Vitale case prayer has been banned in schools.
- Used to protect rights of individuals
- Important: 1)Freedom of expression 2)Bear arms 10)Powers not provided to the federal government are reserved to states
- Features
- Codified
- Federal
- Government is divided between a central government and local governments. The constitution outlines the relation between the state and federal governments and the different branches of government.
- Established from the Connecticut compromise between the New Jersey (smaller state) and Virginia (big state)
- Popular Soverignty
- Seperation of Powers
- Judical Review
- Introduced in Madison v. Marbury 1803 whereby they declared a law limiting a judges pay illegal
- Vague
- Neccessary and Proper clause
- It was held in McCullohv. Maryland laws do not have to be absolutely necessary to be necessary and proper
- Commander in chief clause
- 1st amendment
- In 1989 case of Texas v. Johnson the Supreme court ruled that burning the American flag was constitutional. Was later followed up by a proposed amendment called the flag burning amendment to make it explicitly illegal it fell short by one vote in the senate.
- Means the Supreme Court has immense interpretive power such as in Roe v. Wade.
- Neccessary and Proper clause
- Relationshop with states
- Neccessary and Proper clause
- It was held in McCullohv. Maryland laws do not have to be absolutely necessary to be necessary and proper
- Article 6 includes the Supremacy clause which can be used to go against states rights.
- Neccessary and Proper clause
- Consequences of federalism
- Legal
- Diffrences in the legal system e.g. Washington has legalised weed while federally it is still illegal.
- Electoral
- Elections are state run with states having complete control
- Political Parties
- Broad church with many diffrent ideas
- Economic
- Complex tax system where you may pay income tax twice.
- Legal
- Articles
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