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Summary US constitution notes

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all my notes on the US constitution

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  • August 6, 2024
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The Constitution: Summary

FF worried about an overbearing government due to the fact they had experienced the war of independence.

1. Codified
2. Entrenched – only been amended 27 times
3. Sovereign
4. Vague – requires interpretation ‘men’ = ‘mankind’, judiciable

Constitutional framework – set out in Articles I-VII creates a separation of powers. Enumerated powers:

 Executive – commander in chief (Article 2), nominates federal judges, negotiates treaties, vetoes legislation (Bush
and Obama did it 12 times), international relations, grants pardons
 Legislative – borrows money, collects tax (Article 1), ratifies appointments and treaties (START in 2010 passed in
the senate by 71-26), declares war, trade regulation
 Judiciary – judicial review – not formalised until later

Any powers not enumerated are reserved for the states – Article 10

Amendment process – FF didn’t want the constitution to be too rigid or flexible

a. The process can begin with 2/3rds of both houses of congress agreeing to a proposal or 2/3rds of states calling a
national constitutional convention (the latter has never been used)
b. 3/4s of state legislatures need then to ratify the amendment (or 3/4s of state constitutional conventions – this has
only happened once)

ADVANTAGES: protection of rights (13th amendment abolished slavery), state powers have equal representation in the
senate, prevents the abuse of power (supermajority), avoids federal/executive dominance)

DISADVANTAGES: tyranny of the minority due to supermajorities, very rigid (insufficient changes on gun control), too much
power for the supreme court, bad amendments still happen (18th amendment on prohibition)

Federalism – 10th amendment reserves powers to the state

State power: Alaska learner permit at 14, 30 states allow the death penalty, electoral regulation but 21 states were hacked
in 2016 election, income tax is 13% in California

 When Marijuana was legalised in 9 states and medicinally in 30 it was hard for Trump to enforce the controlled
substance act 1970 without a considerable level of law enforcement

State power being challenged: Obergefell v Hodges, drinking age set federally, Kennedy v Louisiana limit the use of death
penalty, Hurricane Katrina $100bn from federal government, do not have equal weight in the electoral college (California
has 54, Alaska has 3)

Necessary and Proper clause: power to use law in order to properly execute congress’ enumerated powers

 N&P clause in direct opposition with the 10th amendment

Separation of powers – the President used military intervention without Congress declaring war (Kosovo, Libya, Syria)

Richard Neustadt: ‘sharing powers’ not separation of powers

Checks and Balances: supreme court can rule laws unconstitutional president can veto and congress can veto override,
congress can impeach the president, congress can reject of approve executive and judicial appointments

 George Bush had 12 vetoes, 4 of which were overridden and attempts to override 6 more failed
 C&B can prevent tyranny, but can also lead to gridlock (the federal shutdown of 2018/2019 lasted 35 days and cost
$5bn)
 Montesquieu – human’s tendency to abuse power is prevented

Bipartisanship: consensus – divided/united govt – govt shutdowns suggest not

Limited government: liberal principle, the bill of rights protects citizen’s rights

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