The nature and key features of the US Constitution

What are the “enumerated powers” in section 8 of the Constitution?

Congress can declare war and make rules concerning captures on land and water

What is the “elastic clause”

This is also known as the “necessary and proper”. It is quite vague and subjective. Congress can create laws deemed necessary and proper for executing its enumerated powers.

A clear factual point of from Section 1 of the constitution about the Presidency

They are elected every 4 years. They have to be a natural born US citizen. This was amended so the President can only serve 2 full terms

A clear example of the Presidents power from section 2

They are the commander in Chief. They can make treaties that have to have support from 2/3 of the senate.

What is a vague power of the constitution that could lead to the President manipulating their power?

They have the vague power to “faithfully execute” national laws which has been the basis for substantial increases in power over time

How can the constitution be amended?

Proposed by a 2/3 majority in both houses that is then ratified by ¾ of state legislatures

What is the bill of rights

The first ten of 27 amendments that were proposed in 1789

Separation of powers

No single individual can be in more than one branch. Whereas, in the UK the government can be in Parliament, more of a fusion of powers

Example of the constitution providing the basis of checks and balances

Each branch limits the power of the other branches. For example, the President can veto laws passed by Congress. The Supreme Court can check the acts made and delcare them unconstitutional.

How does the constitution establish federalism

The 10th amendment - created a microcosm of the federal government. Every state has its own laws passed by the state legislators and they have their own governor. Any rights that are not given to the federal government are automatically given to the state governments.