The Constitution
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- Created by: Harry
- Created on: 10-06-14 15:31
The Philadelphia Convention
A convention held in 1787 which framed the US Constitution
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Codified constitution
A constitution that consists of a full and authoritative set of rules written down in a single text
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Why has the Constitution been amended so rarely?
- Founding Forefathers made it a difficult process
- Made it deliberatley unspecific
- The Supreme Court can interpret its meaning leading to 'interpretative amendments' rather than 'formal amendments'
- Americans have become cautious of tampering with it after the short lived prohibition amendment
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Constitutional rights
The fundamental rights guaranteed by the federal Constitution
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Separation of powers
A theory of governmnet whereby political power is distributed among three branches of government, acting both independently and interdependently
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Limited government
A principle that the size and scope of the federal government should be limited to that which is necessary only for the common good of the people
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Checks on the legislature by the excecutive
- Recommend legislation
- Veto legislation
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Checks on the legislature by the judiciary
- Judicial review
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Checks on the executive by the legislature
- Amend/delay/reject legislation
- Override president's veto
- Power of the purse
- Declare war
- Ratify treaties (Senate)
- Confirm appointments (Senate)
- Investigation
- Impeachment, trial, conviction and removal from office
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Checks on the executive by the judiciary
- Judicial review
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Checks on the judiciary by the legislature
- Impeachment, trial, conviction, and removal from office
- Propose constitutional amendments
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Checks on the judiciary by the executive
- Appointment of judges
- Pardon
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Does the US Constitution still work?
Yes
- Federalism is an excellent compromise between strong national government and state government diversity
- The text has been very adpatable to american society
- The amendent process usually prevents ill-conceived amendments
- Rights and liberties of Americans have been protected
- Supreme Court as made the Constitution more adaptable to change
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Does the US Constitution still work?
No
- Amendment process is too difficult making it impossible to remove out-dated parts or add necessary changes
- Supreme Court has to much power to 'amend' the meaning of the Constitution through judicial review
- The Constitution is too negative
- Some parts make no sense in today's society e.g. the Second Amendment
- Some parts don't work as the Framers envisaged e.g. war-making power
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What is federalism?
A theory of government by which political power is divided between a national government and state governments, each having their own area of substantive jurisdiction
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Why did the role of the federal government increas
- Westward expansion
- The growth of the population
- Industrialisation
- Improvements in communication
- The Great Depression
- Foreign policy
- Supreme Court decisions
- Constitutional amendments
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What are the consequences of federalism?
- Legal consequences - a large variety in state laws e.g. the death penalty
- Policy consequences - states can act as policy laboratories e.g. the legalisation of marijuana in Colarado
- Political consequences - all elections are state-based and run under state law
- Consequences for political parties - parties are de-centralised and the US is essentially a 100 party system
- Economic consequences- federal grants given to the states as well as varying levels of taxation
- Regionalism - the regions have become distinct
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What are the pros of federalism?
- Permits diversity
- Creates more access points in government
- Better protection of individual rights
- States are policy laboratories
- Well suited to a geographically large nation
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What are the cons of federalism?
- Can mask economic and racial inequalities
- The federal-state government relationship is a continual source of conflict and controversy
- Overly bureaucratic - costly to run and resistant to change
- Frustrates the 'national will', making solving problems more complex
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The process of amending the Constitution
- A two step process
- Both steps need super majorities of more than 50% (e.g. a two-thirds or three-quarters majority)
- To be proposed there either needs to be a two-thirds majority in both houses or a national constitutional convention needs to be called by at least two-thirds of the states
- To be ratified either three quarters of the state legislature must vote to ratify or three quarters of the states must hold conventions and vote to ratify
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