465766
Constitution
- Why?
- Constitutional Convention 1787
- Federalists v Anti Federalists
- Equal v Proportional Representation
- Equal = Senate
Proportional to
population = House
- Equal = Senate
Proportional to
population = House
- Federalists v Anti Federalists
- Declaration of Independence 1776
- American Revolution in 1770s
- Constitutional Convention 1787
- Structure
- A.1 Legislature
- A.2 Executive
- A.3 Judiciary
- A.4 States' Rights
- A.5 Amendment
- A.1 Legislature
- Principles
- Separation of power
- Fully separated, i.e executive
elected separately to legislature
- Nothing in A2 & A3
prevents a member of
the executive being a
member of the judiciary
- For a period
in 1801 John
Marshall was
Chief Justice
and
Secretary of
State
- For a period
in 1801 John
Marshall was
Chief Justice
and
Secretary of
State
- Fully separated, i.e executive
elected separately to legislature
- Preservation of
Individual Rights
- Found in the Bill of Rights
(first 10 amendments), as a
concession to
anti-federalists as protection
against the federal govt
- Found in the Bill of Rights
(first 10 amendments), as a
concession to
anti-federalists as protection
against the federal govt
- Checks and balances
- No branch can
function
independently
- L (C) controls E budget
- L (C) can reject
all legislation
requested by P
- L (C) can impeach
and remove P and
public officials for
high crimes and
misdemeanours
- L (S) confirms
P appointments
by way of
simple majority
- P and L (S) jointly responsible for judicial appointments
- P and L (S) jointly responsible for judicial appointments
- L (S) ratifies
foreign treaties
by way of 2/3
majority
- L (C) can override
P veto by way of
2/3 majority in
both houses
- L (C) sole
power to declare
war through
majority vote in
both houses
- P can veto L (C) legislation
- L (C) decide
how many J sit in
SC and create
new lower courts
- L (C) can pass
constitutional
amendments
reversing SC
decisions
- No branch can
function
independently
- Federalism
- 10th Amendment
powers not reserved to
the F govt and prohibeted
to the States are
reserved to the States
- McCulloch v Maryland (1819)
- 'Necessary and proper' clause allowed C to establish a
bank for the purposes of taxation as the clause implied
the granting of powers that were necessary to facilitate
the explicitly stated powers
- 'Necessary and proper' clause allowed C to establish a
bank for the purposes of taxation as the clause implied
the granting of powers that were necessary to facilitate
the explicitly stated powers
- 10th Amendment
powers not reserved to
the F govt and prohibeted
to the States are
reserved to the States
- Separation of power
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