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1.1: The Nature Of The US Constitution (The Amendment Process (Advantages,…
1.1: The Nature Of The US Constitution
Constitutional Framework
27 amendments
Originally contained 7 articles
I-IV about key institutions of govt
Congress/Presidency/SC/States
Article V about amendment process
Article VI 'Supremacy Clause'
Constitution highest law
Article VII Outlined ratification process
Ratified between 1878 and 1790
Bill of Rights
First 10 amendments
Passed in 1791
Protected power of states against fed govt
Include
2: Right to bear arms
1: Freedom of expression
4: No unreasonable searches/seizure of property
5: Protection against double jeopardy and self incrimination
10: Right of states to have reserved powers
8: Right to provide freedom from cruel or unusual punishment
The Amendment Process
2 stages
Proposed by a 2/3 vote in Congress
Ratified by 3/4 state legislatures
Proposed by a national convention called by Congress at request by 3/4 of state legislatures
Amendment is ratified by 3/4 of state conventions
All amendments have been initiated by Congress but 1
21st Amendment ratified by state conventions
Time limit for state ratification
Protects state federalism
No time limit between proposal and ratification
States or Congress can propose but only states can ratify
Advantages
Prevents abuse of power
Prevents ill-thought through amendments
Protects states and upholds federalism
Protects key principles of political process
Disadvantages
Undemocratic
Difficult to incorporate new ideas
Gives SC too much power
Codification and Entrenchment
Codified (written in one document)
Entrenched (hard to amend)
Judicable
Other laws can be judged against it
Deliberately hard to amend so power cannot be concentrated in one institution
Can only be changed with amendments process
Vagueness
'Necessary and proper' (Elastic) clause
Use implied powers
Allows Congress to stretch powers
Used to justify expansion of fed govt
McCulloch vs Maryland 1819
Room to evolve
Applicable to modern society
Has both enumerated and implied powers
Often unclear
Can cause significant conflict
Divides society
Divides Congress
Causes gridlock
Prevents significant policies from being passed
Left to interpretation
SC
Justices can apply own ideologies
Not impartial
Clear bias
Can undermine its authority
Obergefell vs Hodges 2015
Compromise between founding fathers