The nature of the US constitution

What type of constitution does the US have?

1. Codified
2. Entrenched

What does “judiciable” mean?

A constitution which represents higher law and therefore allows other laws to be judged against it

What does the constitution being “judiciable” mean for judges?

they can interpret actions and laws against the constitution to judge whether they are “constitutional”

How many amendments have been made to the constitution?

27

Which amendments form the bill of rights?

The first 10

What the effect of the constitution being short in the length?

It is invariably vague

What may have the vague language been a result of?

compromise between the founding fathers since they couldn’t agree on principles such as the role of the states, central government and slavery

What is the vague nature of the constitution demonstrated by?

The difference between enumerated powers and implied powers

What does the “necessary and proper clause” allow?

Grants congress powers necessary to allow it to carry out enumerated powers

What has the 2nd amendments led to?

difficulty for Presidents passing gun control policies

Which article is detailed and specific ?

Article I

Why did the founding fathers ensure to give congress specific and explicit powers?

So that they could not be usurped by the president

What has the vagueness of article II led to?

A wider interpretation of presidential power

What has the vagueness of the document allowed for?

The constitution to adapt to changing circumstances

What is it argued the founding fathers achieved instead of “separation of powers”?

Sharing powers

What do branches require in order to exercise their powers?

Two branches to act together

What are the 7 checks that congress has on the president?

1. Legislation
2. Veto override
3. Power of the purse
4. Declare war
5. Impeachment
6. Ratify treaties
7. Ratify appointments

What is the key role of congress?

To produce legislation

How can the president propose legislation?

State of the union address

What did Obama ask congress to do in every state of the union address from 2010 to 2015 yet failed every time?

Immigration reform

What does congress need to override a president veto?

A super majority 2/3 in both house

What does congress have the right to do due to the power of the purse?

raise taxes and spend the money raised by national government

What does the power of the purse prevent the president from doing?

Spending money without consent of representatives

What can not be done without a congressional law?

Money being allocated for federal policies

Where should appropriations bill originate from?

The House of Representatives

What is an appropriation bill?

A proposed law form congress which authorises spending of government and tax payers money