1. The Constitution Flashcards
(38 cards)
What do Articles I and II ensure about the governance of the US? - The Constitution
Article I granted legislative powers to a congress made up of the House of Representatives and the Senate.
Article II set out that the US should be governed by an Executive in the form of a President.
What do Articles III and VI set out for the governance of the US? - The Constitution
Article III set out the supremacy of the Supreme Court on all legal matters. Article VI set out miscellaneous powers, including the ‘Supremacy Clause’ that made the constitution the Supreme law of the USA.
Give an example of delegated powers reserved to the federal government. Explain how certain implied powers may develop from this - The Constitution
Congress has a delegated power to raise an army and navy, resulting in it being implied that Congress has the power to draft people into the armed forces. Furthermore, Congress has the delegated power to ‘provide for the common defence and general welfare of the US.’ From this comes the implied power that Congress can levy taxes to provide defences.
How many amendments to the constitution was proposed during the presidency of Bill Clinton? How many of these were successful? - The Constitution
17 constitutional amendments were proposed during the presidency of Bill Clinton. None of these were successful.
How many amendments were proposed during the presidency of George W Bush? How many were successful? - The Constitution
6 amendments were proposed to the constitution during George W Bush’s presidency, although none were successful.
How many amendments to the constitution have been ratified since 1788? - The Constitution
Since 1788, 27 amendments to the constitution have been ratified.
What examples of amendments were agreed to by the House during Clinton’s presidency but rejected by the Senate? - The Constitution
During Clinton’s presidency, the House agreed to amendments which would ban the desecration of the American flag, as well as amendments which would require a balanced budget.
What is the Bill of Rights? When was it passed? - The Constitution
The Bill of Rights is the collection of the first 10 constitutional amendments, designed to protect the citizens of the US against actions by an overly powerful government. This was passed in 1789.
When has the State of the Union address been of significance previously? - The Constitution
2010 State of the Union address focussed on Obama’s healthcare reforms, with legislation passed 2 months later.
2021 State of the Union address prioritised Biden’s ‘Build Back Better’ agenda.
What instances are there of the President using a veto on congressional bills? - The Constitution
Obama used his presidential veto on 12 occasions during 8 years in office, including on legislation that would repeal his healthcare reforms.
What examples are there of the President checking the powers of federal courts through nominations? - The Constitution
Obama nominated Sonia Sotomayor in 2009 and Elena Kagan to the Supreme Court in 2010, whike Donald Trump nominated both Brett Kavanaugh and Amy Coney Barrett to the court.
How many people did Clinton pardon on the last day of his presidency? How many did Obama pardon in his final 3 weeks? - The Constitution
Clinton pardoned 140 people on the last day of his presidency, with Obama pardoning 142 in 3 weeks.
Which notable individual did Ford pardon? Which notable individual did Trump pardon? - The Constitution
Ford notably pardoned his predecessor, Nixon, of any crimes that may have been committed as part of the Watergate Scandal. Trump pardoned former White House strategist Steve Bannon.
What examples are there of Congress amending, blocking or rejecting legislation under Obama? - The Constitution
In 2010, a heavily amended version of Obama’s healthcare reforms were passed. Furthermore, any attempts at gun control or immigration reforms were rejected.
How many of Bush’s vetoes were overridden by Congress? How many of Obama’s were overridden? - The Constitution
4 of Bush’s vetoes were overridden by Congress. 1 of Obama’s 12 vetoes were overridden by Congress.
When has the control of the ‘power of the purse’ been used by Congress to check the President? - The Constitution
In 2019, Congress refused to accept a package to agree the funding for the federal government, with a 35 day government shutdown ensuing under Trump. Divided government in 2006 also refused to fund Bush’s Iraq War.
What examples are there of Congress checking the Presidency’s foreign policy in terms of treaties? - The Constitution
3 major treaties have been blocked by the Senate:
1919 - Treaty of Versailles
Comprehensive Test Ban Treaty
Convention on the Rights of Persons with Disabilities.
What examples are there of the Senate rejecting Presidential appointments? - The Constitution
Reagan had 1 of SC nominees rejected by the Senate (Bork), Obama had nomination of Merrick Garland rejected to the SC due to the close proximity to the 2016 election.
What example is there of Congress checking the presidency through the power of investigation? - The Constitution
In 2012, 7 Congressional Committees were set up to investigate the actions of Clinton and Obama in Benghazi, Syria.
What examples are there of Congress checking the presidency through impeachment? - The Constitution
President Andrew Johnson was impeached, Clinton was charged with perjury and then the obstruction of justice, Trump was charged with abuse of power over Russian interference and later charged with incitement of insurrection.
How does Congress check the Federal Courts in terms of impeachment? What examples are there of this? - The Constitution
Congress can oversee the impeachment, trial and removal of office of federal judges. In March 2010, Judge Porteous was removed over corruption, while from 1986-9, 3 federal judges were removed by Congress.
What instances are there of constitutional amendments allowing (attempting to allow) Congress to check the power of the Federal Courts? - The Constitution
In 1896, it was declared unconstitutional for the state to impose a federal income tax, with the 16th Amendment later passed to allow this. Furthermore, amendments have been attempted to be passed to outlaw the desecration of the American flag.
What instance is there of the Federal Courts checking the Nixon presidency through judicial review? - The Constitution
In 1974, the Supreme Court forced Nixon to hand over evidence that was attempted to be suppressed as part of Watergate.
What example is there of an Act of Congress being declared unconstitutional by the Federal Courts? - The Constitution
In 2013, the Voting Rights Act was deemed to be unconstitutional due to its targeting of certain states who would require preclearance from the federal government when changing voting laws.
