Please enable JavaScript.
Coggle requires JavaScript to display documents.
US Constitution Chapter Revision - Coggle Diagram
US Constitution Chapter Revision
The nature of the US Constitution
US Branches of Government
Federal Government
Congress
Executive (Presidency)
Supreme Court
State Governments
Executive Branch
Legislative Branch
Judicial Branch
Amendment Process:
In order to amend the constitution, the amendment must go through a proposal stage and then a ratification stage. There are
two options
for how the amendment can be passed.
A proposed amendment passes the House of Representatives and the Senate with a two-thirds vote in both.
Then at the state level either an amendment is ratified by a simple majority in three quaters of state legislatures.
or an amendment is ratified by a state ratifiying convention in three-quaters of states.
A national constitutional convention is called on an amendment by two-thirds of state legislatures.
Then at the state level either an amendment is ratified by a simple majority in three quaters of state legislatures. Or...
An amendment is ratified by a state ratifiying convention in three-quaters of states.
Advantages / Disadvantages
Advantages
Protects key principles of political process - the constitution is hard to change.
Protects the states and upholds federalism - Respects states rights. 10th Amendment.
Prevents ill-thought-through amendments - Needs several institutions and cross-party agreement to ratify it.
Prevents abuse of power - Entrenchment stops an individual from one party changing the constitution for their own benefits.
Disadvantages
Difficult to remove outdated aspects.
Difficult to incorporate new ideas - Needs of society has changed but due to entrenchment, these improvements do not happen.
Amendment process is undemocratic - Goes against majoritarian democracy. Eg. 13/50 states are needed to oppose an amendment.
The key features of the US Constitution and an evaluation of their effectiveness today.
Federalism
Article I, Section 8 sets out the
Enumerated (explicitly stated) powers
of the central government. In theory these should be the only powers that the central government should hold with the rest being for the states (10th amendment)
But... the necessary and proper is vague and has been used to expand federal government power.
Necessary and Proper Clause also called the 'elastic clause' as
Also... The Commerce Clause - "To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes"
Checks and Balances
defined as the abilities and powers that are exclusively given to one branch of government in order to ‘check’ the actions of the other branches.
Limited Government
The constitution attempts to reach a compromise between federalists and antifederalists which have differing beliefs on the size of the state.
Generally its said the constitution encourages limited governement.
Seperation of Powers
The division of state and federal goverments into branches, each with separate and independent powers from one another.
Interpretations and debates around the US Constitution and federalism.
Is the constitution fit for purpose in modern America?
NO:
The actions of Edward Snowden in uncovering the mass surveillance by the US Government shows the Bill of Rights is no longer respected by the US Government.
NO:
The Every Vote Counts Amendment of 2005 would have abolished the Electoral College, but process to amend is difficult, so it failed, and left a system that means a winner in vote counts can still lose.
YES:
The right to privacy has been found in the Constitution from the 1965 Griswold v Connecticut case, even though the wording of the Constitution is not explicit on the matter.