Summary
Summary US constitution notes
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The Constitution: SummaryFF 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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