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Nature of the US constitution - Coggle Diagram
Nature of the US constitution
Codification
Written all in one document
7000 words: meaning has been interpreted and amended, but original document remains soverign.
Judges can interpret acts as constitutional or unconstitutional
Entrenchment
Protected by law and difficult to ammend
Protects itself through article V: outline amendment process.
There have only been 27 amendments: 10 of these were passed together in 1791, as the bill of rights.
Vagueness
More vague language allowed for compromise of the delegates and agreement of the states.
Enumerated powers: powers that are expplicitly outlined in the constitution. Example: Congress is given the power to lay and collect taxes, duties, imports and excises'.
Implied powers: Powers that are not specifically granted in the constitution but are assumes or implied from the wording of this document and the powers that it does grant. Example: 'necessary and proper' clause for congress.
The wording of article 2, the president, is worded more vague than article 1 which sets out the powers of congress. This was done to make the executive less powerful, but it has had the opposite effect: the vague wording allows for the presidency to expand their powers.
Bipartisanship
Founding fathers were scepitcal of the role of parties or 'factions'.
Alexander hamilton: 'we are attempting by this constitution to abolish factions, and to unite all parties for general welfare'.
Through the seperation of powers, branches have to co operate in order to excersise their power. It also makes it difficult for one party to control all of government.
Some powers and the amendment process require super majorities
Amendment process (in bold = most common)
On a federal level
Either a proposed amendment passes the House of Representatives and the Senate in a two - thirds vote in both houses
Or a national constitutional convention is called on an amendment by two - thirds of state majorities
Then on a state level
An amendment is ratified by a simple majority in three quarters of state legislatures
Or an amendment is ratified by a state ratifying convention in three quarters of states
Key amendments
1-10 1791
Bill of rights: protects free speech, the right to bear arms, the right to not self incriminate, freedom from cruel and unusual punishment, and the rights of states.
13-15 1865-70
Ending slavery, guarenteeting of equal protection and due process, expanding voting rights regardless of race
16
Allows congress to vary income tax
17: makes the senate elected (1913)
18: banned alcohol (1919)
19: expands voting rights regardless of sex
21st: repeals 18th amendment
22nd: two term limit on presidency
24th: dis allowed non payment of tax as a reason to deny someone a vote
25th: allows vice president to temporarily excersise presidential powers if president is unable to