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Constitution revision
Diversity in the US
-Its size brings with it the need for decentralisation, for the federal government
established by the founding fathers in 1787
-Laws differ between states; elections, crimes and punishments.
-Conservative south; (Bible belt) Texas to Virginia.
-Liberal Northeast; Massachusetts and Rhode Island.
-Liberal leaning west coast; California cities of LA and San Francisco.
1776-83
1776; The 13 colonies on the eastern seaboard of North America declared their
independence for Great Britain. In the Declaration of Independence.
1776-83; The war of independence between the former colonies and Great Britain.
1781; The independent colonies decided to establish a confederacy a loose association
of states in which almost all political power rests with the individual states - by the Articles
of Confederation 1781
Articles of confederation; The compact made between the 13 original states that
formed the basis for their government form 1781 until it was replaced by the constitution.
Confederacy; A league of independent states in which the central government lacks
significant powers and resembles more an international organisation, such as the United
Nations, than a traditional national government.
Philadelphia convention;
Divisions arose between small and large (Virginia had the largest population) states.
The Virginia plan set out the wishes of the large population states.
The New Jersey plan set out those of the small population states,
The Connecticut Compromise (often called the 'great compromise) provided the basis of
agreement.
The new constitution was written by 55 delegates who became known as the 'Founding
Fathers'.
Article 1
-'All legislative powers herein granted shall be vested in a Congress of the United States,
which shall consist of a Senate and House of Representative'
-Established that the congress was to be made up of two chambers
-Laid down methods of election
-Terms of office
-Their powers, Section 8; Lay and collect taxes, coin money and declare war.
-Provide for the common defense and general welfare of the US
A Codified Constitution;
-Would enumerate certain powers of the federal government would process and leave all
other powers to the states.
-Contained a deliberately complicated amendment process; permitted but only if
1. 'To provide for the common defence and general welfare of the United states'General
welfare clause
2. 'To make all laws which shall be necessary and proper for carrying into execution the
foregoing powers'Necessary and proper clause
1. Formal amendment: e.g permitting a federal income tax (16th amendment 1913)
2. Interpretative amendment: by the Supreme courts power of judicial review
NOT everything is in the constitution;
Presidential primaries
Congressional committees
President's cabinet
EXOP
Supreme Courts power of Judicial review.
Checks by;
Checks on
Legislature
The Executive
The Judiciary
The legislature
-Impeachment, trial, conviction and removal from office of any branch member, including
the president
-Senate's power to confirm appointments made by the president
-Veto legislation
-Call Congress into special session
-Appointment of judges
-Pardon
The Judiciary
-Judicial review; power to declare acts of congress unconstitutional
-Judicial review; the power to declare actions of any member of the executive branch
(including the president) unconstitutional
Constitution an outline;
7 Articles
27 amendments (first 10 = the bill of rights)
1st; Freedom of religion, speech and the press, right to peaceful assembly
2nd; Right to keep and bear arms
14th; Guarantees of 'equal protection' and 'due process' applied to all states
16th; Congress given power to tax income
17th; Direct election of senators
22nd; Two-term limit for a president
25th; Presidential disability and succession (VP)
-State Constitutional Conventions; 3/4 of the states must hold Conventions and vote to ratify
1. Proposals to amend the constitution can be made by either; - congress with a 2/3s
majority in favour in both houses, - or by a national constitutional Convention call at the
request of two-thirds of the states legislatures. (This has never been done).
2. Ratification can be made either by; - Three-quarters of the state legislatures -By threequarters of the states holding a Constitutional Convention. (This has only been used once
- to ratify the 21st amendment in 1933)
Subjects of amendments
Balanced budget
School prayers
Super-majority to raise taxes
Marriage protection
3. The Supreme Court's power of judicial review, which allows the Court to amend the
meaning of the Constitution while the words remain largely unaltered.
4. The reverence with which the Constitution is regarded, which makes many politicians
cautious of tampering with it.
5. The experience of the 18th amendment, regarding the prohibition of alcohol, which was
repealed (by the 21st amendment) just 14 years later.
Constitutional rights
Two categories;
1. Freedom from
2. Freedom to
List doesn't show effectiveness; look at the government taking steps to ensure rights are
protected.
Congress can pass laws to facilitate rights. Laws enhance the rights of, for example
racial minorities. It can also through its committee system and investigative powers, call
the executive branch to account regarding how it implements passed laws.
The executive branch needs to implement the laws and programmes which congress
passes and establishes in order to ensure that legislation is followed by delivery.
The Supreme Court has an important role in safeguarding the constitutional rights
through its power of judicial review.
Freedom of/to;
Freedom from;
Speech (1st Amend)
Religion (1st Amend)
The press (1st Amend)
Assembly (1st Amend)
Keep and bear arms (2nd Amend)
Remain silent (5th Amend)
Speedy and public trial (6th Amend)
Voter, over-18s (26th Amend)
Unreasonable searches (4th Amend)
Cruel and unusual punishment (8th Amend)
Excessive bail (8th Amend)
Slavery and involuntary servitude (13th Amend)
Judiciary plays the most important role in this.
Time when it has been clearly ineffective;
Dred Scot v. Stanford (1857), which stated that blacks could not become citizens of the
US therefore were not entitled to rights
Having once safe guarded a right, the Court may at a later date back-track
Gratz v. Bollinger (2003), declared the university of Michigan's affirmative action- based
admissions programme to be unconstitutional.
Gonzales v. Carhart (2007), banned a certain abortion procedure, having upheld in 2000.