US Constitution

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  • US constitution
    • Articles
      • 1- Congress
      • 2 - Executive
      • 3 - Judicary
      • 4 - States
      • 5 - Amendment
        • Step one: Requires support of 2/3 of both houses of congress or for 2/3 of states to call for a convention. Step two: Requires 3/4 of state legislatures to vote for the amendment.
      • Article 6 includes the Supremacy clause which can be used  to go against states rights.
    • Bill of Rights
      • Important: 1)Freedom of expression     2)Bear arms 10)Powers not provided to the federal government are reserved to states
        • In Printz v. US the Brfady Handgun Act required background checks on all those who carry guns however this was ruled against the 10th amendment
        • In 1989 case of Texas v. Johnson the Supreme court ruled that burning the American flag was constitutional. Was later followed up by a proposed amendment called the flag burning amendment to make it explicitly illegal it fell short by one vote in the senate.
        • Freedom of religion has meant that since 1963 Engels v. Vitale case prayer has been banned in schools.
      • Used to protect rights of individuals
    • Features
      • Codified
      • Federal
        • Government is divided between a central government and local governments. The constitution outlines the relation between the state and federal governments and the different branches of government.
        • Established from the Connecticut compromise between the New Jersey (smaller state) and Virginia (big state)
      • Popular Soverignty
      • Seperation of Powers
      • Judical Review
        • Introduced in Madison v. Marbury 1803 whereby they declared a law limiting a judges pay illegal
      • Vague
        • Neccessary and Proper clause
          • It was held in McCullohv. Maryland laws do not have to be absolutely necessary to be necessary and proper
        • Commander in chief clause
        • 1st amendment
          • In 1989 case of Texas v. Johnson the Supreme court ruled that burning the American flag was constitutional. Was later followed up by a proposed amendment called the flag burning amendment to make it explicitly illegal it fell short by one vote in the senate.
        • Means the Supreme Court has immense interpretive power such as in Roe v. Wade.
    • Relationshop with states
      • Neccessary and Proper clause
        • It was held in McCullohv. Maryland laws do not have to be absolutely necessary to be necessary and proper
      • Article 6 includes the Supremacy clause which can be used  to go against states rights.
    • Consequences of federalism
      • Legal
        • Diffrences in the legal system e.g. Washington has legalised weed while federally it is still illegal.
      • Electoral
        • Elections are state run with states having complete control
      • Political Parties
        • Broad church with many diffrent ideas
      • Economic
        • Complex tax system where you may pay income tax twice.

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