12.1.1
Nature of the US Constitution
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Codified Constitution
The US constitution is the basis of all government in the USA and the supreme law of the land.

Codified
- The constitution is codified, meaning that it is all written in a single document.
- This document was created by a group of men now known as the ‘Founding Fathers’ during the War of Independence from Britain.
- It was ratified in 1788 and came into force in 1789.

Structure
- It consists of 7 articles and 27 amendments.
- The first 10 amendments, ratified in 1791 are known as the Bill of Rights.
Entrenched Constitution
The US constitution is the basis of all government in the USA and the supreme law of the land.

Entrenched constitution
- The US constitution is entrenched - so it cannot be changed without a supermajority (2/3rds of votes in Congress).

Article V
- Article V entrenches the US constitution, requiring a supermajority to change amendments or a ¾ majority in a ratifying convention of the states.

The Bill of Rights
- The Bill of Rights (the first 10 amendments to the constitution) lists entrenched rights.
- These are protected by the Constitution, and cannot be changed on a legislative whim.
Vagueness
By nature of its age, and being codified and entrenched the US Constitution can be vague.

Vagueness
- Constitution scholars refer to the constitution containing enumerated powers and implied powers.
- Enumerated powers are powers that are explicitly given to each branch of government.
- Implied powers are those that are just suggested or are required for enumerated powers to be used.
- Implied powers give the Constitution vagueness - they allow Congress the freedom to make necessary laws and to use powers that the founders had not thought of.

Enumerated powers
- Article I, Section 8 of the Constitution sets out the enumerated powers of Congress.
- These include the power to tax citizens and spend this money, and the power to issue a currency.

Implied powers
- Article I, Section 8, Clause 18 gives Congress implied powers, giving it the power to make all laws “necessary and proper” for its ability to rule.
- The implied powers of Congress have grown since the Constitution was written, allowing them to make laws concerning matters not mentioned in the Constitution.
- For example, an implied power of Congress is that of the regulation of the sale of substances, and the banning of the sale of other substances (such as some drugs).
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister10.3.2Prime Minister's Powers10.3.3Limits on the Prime Minister's Powers10.3.4Role of the Cabinet10.3.5Prime Minister & Cabinet: Relations10.3.6Prime Minister & Cabinet: Balance of Power10.3.7Prime Minister & Cabinet: Case Studies10.3.8End of Topic Test - PM & Cabinet10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature17.2.2Constitution: Provisions & Principles17.2.3Federal System & Devolution17.2.4Legislative: Lower Houses of Government17.2.5Legislative: Upper Houses of Government17.2.6Legislative: Powers & Functions17.2.7Executive17.2.8Supreme Court17.2.9Supreme Court: Judicial Independence17.2.10Civil Rights17.2.11Civil Rights: Interest Groups17.2.12Party Systems & Parties17.2.13Campaign Finance & Pressure Groups17.2.14End of Topic Test - Comparing UK & US17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister10.3.2Prime Minister's Powers10.3.3Limits on the Prime Minister's Powers10.3.4Role of the Cabinet10.3.5Prime Minister & Cabinet: Relations10.3.6Prime Minister & Cabinet: Balance of Power10.3.7Prime Minister & Cabinet: Case Studies10.3.8End of Topic Test - PM & Cabinet10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature17.2.2Constitution: Provisions & Principles17.2.3Federal System & Devolution17.2.4Legislative: Lower Houses of Government17.2.5Legislative: Upper Houses of Government17.2.6Legislative: Powers & Functions17.2.7Executive17.2.8Supreme Court17.2.9Supreme Court: Judicial Independence17.2.10Civil Rights17.2.11Civil Rights: Interest Groups17.2.12Party Systems & Parties17.2.13Campaign Finance & Pressure Groups17.2.14End of Topic Test - Comparing UK & US17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Practice questions on Nature of the US Constitution
Can you answer these? Test yourself with free interactive practice on Seneca — used by over 10 million students.
- 1How many articles does the US Constitution have?Multiple choice
- 2Facts about the US Constitution:Fill in the list
- 3
- 4How many votes is a supermajority?Multiple choice
- 5Which article entrenches the Constitution?Multiple choice
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