- Created by: S_webb
- Created on: 09-01-19 15:06
- Art 1. Sec. 8 -- power to declare war, other powers given to Congress.
- Ar 2. Preisdnet, Art3. SUpreme COurt, supreacy clause Article VI, Article III "all Cases...arising under this Constitution" within the Court's judicial purview. Marbury v. Madison (1803) court explicitly gave itself these powers.
- The enumerated powers -- otheri mp;ied powers do exist (eg the draft from the power to raise army / navy). Art 1 Sec 8 "necessary and proper clause", reserve powers within the 10th Amendment, anything not sepcifically givne to federal government becomes a state matter. Some concurrent (shared) powers however -- e.g. taxes, building roads, maintaining courts. Article 5 amendment procedure, Article 7 ratification procedure.
- Amendment -- 2/3rd house and senate, three quarters state legisatures. Two-thirds of Congress + three-quarter state ratifying conventions has occured once, the 21st. These two options can also occur after two-thirds of state legislatues calling ofor a national constitutional convention but this has never occured so far. CLinton -- 17 votes, all during the 1995-2001 Republican-controlled Congress. House agreed to blaanced budget and flag descration amendments, but senate did nto agree (but one vote shore 1997 and four votes 2000 respecitvely). Six further attempts during BUsh Jr., but only three recieved 2/3rd majority, all on the flag. In 201 years onnly six have failed at the ratification stage, the most recent in 1985 being one to give the District of Columbia full COngressional recognition.
- 1st speeh, 2nd arms, 3rd no quartering of soldiers, 4th search and seizure powers, 5th no slef-incrimination, 6th rights of witnesses and to confront opposing witnesses in court, 7th right to jury trial, 8th no cruel and unusual punishment. 9th non-enumerated rights, 10th rights reserved to states, 11th lawsuits against states, 12th election procedure for president and VP, 13th no slavery, 14th rights to citizneship, states may not interfere with privileges and immnities, 15th vote not restricted based on race, 16th federal income tax, 17th senators popularly elected, 18th prohibition, 19th women's sufferage, 20th preisdential succession and commencement of term, 21st repeals 18th, 22nd two-term limit, 23rd DC presidential vvote, 24th no poll tax, 25th presidential vacancy or infirmity, 26th vote at 18, 27th salary increases not acitve until next term of Congress.
- Principles -- separation of powers (but Neustadt ideas of separate institutions but shared powers, 1960), FIner legislature and executive "like two halves of a bank note" (1970). Checks and balances, federalism.
- President may veto COngressional bills, State of the UNion recommend legislation to confress, setting legislative agenda, executive nomnates federal judges and has the power of pardon (CLinton pardoned 140 on his final day as president including tax fugitive Mark Rich, Obama 142 people in last three weeks), Congress may amend block or reject legisation recommended by executive, override vetos (Bush 4 of 11 regular vetos overriden, inclduing on 2007 Water Resources Developmen Bill and Food Conservation and Energy Bill, not unitl last fur months was an Obama veto, on the Justice Against SPonsors of Terorrism Act, overridden), "power of the…