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1.1 The Nature of the US Constitution - Coggle Diagram
1.1 The Nature of the US Constitution
NATURE
Creation of the US Constitution - at the Philadelphia Convention
Its ratification = 1789
Forged 13 formerly British colonies into the new, sovereign country of the United States of America
Vagueness, Codification & Entrenchment
US Constitution is a comparatively short document
Is therefore vague in places while being specific in others
Is divided into 7 articles (with the subsequent addition of 27 amendments)
Outlines:
the powers of each branch of government
how the new country would operate as a democracy
Powers given to
federal government
are:
some = explicitly stated within the Constitution
others = those that are interpreted as a result of the vague nature of the Constitution
Enumerated Powers:
are those which are explicitly laid out in the Constitution
given to a branch of government
e.g: Congress is given the power to impeach the president
Implied Powers:
are those which are taken and exercised by a branch of government without it having been given this power explicitly
power is interpreted from the language used in the Constitution
e.g: the ‘necessary and proper clause’ has allowed Congress far greater scope over what laws it may pass than is explicitly laid out
US Constitution
is entrenched - ensuring it cannot be easily changed
The Constitution requires a 'supermajority' = for any formal amendment to be added
= makes the process challenging
= is a reason that so few amendments have been added in over 200 years
Constitutional Framework of the US Branches of Gvt
First 3 articles of the Constitution outline the enumerated powers of the 3 branches that make up the US federal government
Enumerated Powers of Congress (Article I)
All legislative power
Power to lay and collect taxes
Regulate commerce
Coin money
Declare war
Override the presidential veto
Impeachment
Investigation
Ratifying treaties
Enumerated Powers of President (Article II)
Recommend legislation
Sign or veto legislation
Commander-in-chief
Nomination of judges
Power of pardon
Enumerated Powers of Supreme Court (Article III)
Judicial power
By separating powers in this way:
allows each branch the power to check the actions of the others
US Constitution should ensure that no one branch of government becomes too powerful
Amendment Process
Article V = how amendments to the US Constitution can be made - (see 'Amendment Process' table)
27 amendments to the US Constitution
Bill of Rights (1-10)L
protects freedoms and reserves all other powers not mentioned in the Constitution to the states
12th, 20th & 25th:
all clarify the presidential election and succession procedures
Civil War amendments (13th-15th):
ensure recently freed slaves will be treated equally under the Constitution
16th:
allows Congress to raise income tax
AND
is the only amendment which directly overturns a SC ruling
17th:
makes the role of Senator elected rather than appointed
18th & 21st:
respectively ban and then allow the production and sale of alcohol
19th & 26th:
change voting eligibility and removing gender requirements
lowering the voting age to 18
Disadvantages of Process
1 -
Requirement for a supermajority = difficult to pass any amendments (meaning the Constitution may become outdated)
2 -
Due to requirement for supermajorities = is possible for minority interests to be ignored
3 -
Mistakes have been made
e.g: 18th amendment was later repealed by the 21st amendment - shows that the process is not rigorous enough
4 -
Is possible for a small number of states to prevent an amendment passing (even if it is supported by a majority of the US population)
Advantages of Process
1 -
Requirement for supermajorities ensures broad support of the US population for any amendment
2 -
Protects the Constitution from being changed by a short-lived popular opinion
3 -
Prevents tyranny - of larger states over smaller by valuing each state equally in the process; and of the federal government by requiring state approval
4 -
It works - have been a number of amendments to the Constitution