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Kristi Hong

Article 5 and Checks and Balances REVISED - 9 views

started by Kristi Hong on 12 Nov 10
  • Kristi Hong
     
    Articles of Confederation
    By Kristi

    Article V: What are the methods by which amendments may be proposed and ratified?

    Amendments to the Constitution proposed in two ways - a new delegate meeting to adopt/revise a constitution requested by at least 2/3 of the states or by a 2/3 vote by bicameral Congress.

    1st: the bill needs to pass both houses of the legislature by 2/3 majority each. The bill proceeds onto the states. Sometimes the amendments are long, so Congress puts a typical 7 year time limit for the bill to be approved.

    The second method is for a Convention to be called by 2/3 of the legislatures of the States. These proposed amendments are then sent to the states to be administered by three-fourths of the legislatures. Changes to the Constitution have not gone this way.
    No matter which way the amendment goes, it must be ratified by ¾ of states. There are two ways to do this, too. The amendment can say whether the bill must be passed by the state legislatures or by a state convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, asked for a convention. Again, they need a majority to pass.

    Checks and Balances: #45 - How may the Supreme Court check Congress and the President?

    The Supreme Court can check Congress by interpreting laws and treaties and deciding on constitutionality of laws. The S.C. (Supreme Court) can check the President by interpreting the laws and treaties and can rule that the President has acted unlawfully or not. (I think that's what it's asking for.)

    Work by Liz S -
    43. Congress can check the president by
    -overriding the president's veto with 2/3 majority vote
    -impeaching officials (like the President or Vice President)
    -reorganizing or investigating executive departments
    -approving (or disapproving) treaties

    Congress can check the Supreme Court by
    -impeaching judges
    -proposing constitutional amendments to get around court decisions
    -sets up new courts, and abolishes old ones
    -regulating jurisdiction of supreme courts

    44. The president can check Congress by
    -vetoing laws Congress tries to pass

    The President can check the Supreme court by
    - refusing to enforce a court order by granting pardons or reprieves for federal offences

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