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The Constitutional Framework of US Government

Informal Constitutional Change and the Rights Amendments

  • 3 things to know
  • Paper 2

Overview

Recall questions on how constitutional meaning changes without amendment, the rights protected by the Bill of Rights and later amendments, the doctrine of incorporation, and whether the Constitution still serves the United States well.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

Explain how rights protection can be reduced without any amendment being passed.

Key term

If formal amendment is so hard, how does constitutional meaning actually change?

Numbers

Which amendments extended the suffrage to women and to eighteen-year-olds?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    If formal amendment is so hard, how does constitutional meaning actually change?

    Model answer

    Mainly through Supreme Court interpretation, alongside changing political practice and convention, which is often called informal amendment.

  2. 2

    Give one argument in favour of a demanding amendment process.

    Model answer

    It protects fundamental rights and the structure of government from being swept away by a temporary majority or a passing mood.

  3. 3

    Give one argument against a demanding amendment process.

    Model answer

    It leaves outdated provisions in place and hands enormous power to nine unelected justices, who become the only realistic route to change.

  4. 4

    Which rights does the First Amendment protect?

    Model answer

    Freedom of religion, speech and the press, and the rights of peaceful assembly and petition.

  5. 5

    What does the Second Amendment concern?

    Model answer

    It concerns the right to keep and bear arms, and is the constitutional basis of the gun rights debate.

  6. 6

    State what the Fourth, Fifth and Eighth Amendments protect.

    Model answer

    The Fourth protects against unreasonable search and seizure, the Fifth against self-incrimination and denial of due process, and the Eighth against cruel and unusual punishment.

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The Nature and Sources of the British Constitution
The Structure and Role of Parliament
The Prime Minister and Cabinet
The UK Judiciary

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The Code.
MinisterialCabinetParliamentary

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AA US court can strike down a hostile law using the constitution.
BA UK court cannot.
CChange must come from persuading legislators.

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Veto means formal rejection of legislation.
TrueFalse

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