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Constitution

Description

6GP04 Mind Map on Constitution, created by krish_14 on 01/06/2014.
krish_14
Mind Map by krish_14, updated more than 1 year ago
krish_14
Created by krish_14 over 8 years ago
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Resource summary

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