1 - US Constitution Flashcards
(25 cards)
Features of the Constitution?
- Codified
- Sovereign constitution
- Entrenched
Federalism?
- Exists within the US
- Federal v State
Types:
1) Dual - “Layer-cake”
2) Cooperative - “marble cake”
3) New - “on your own”
Details around Constitutional Rights?
- Codified & entrenched
- Within Bill of Rights (1789) + 17 other amendments
- “rights culture”
- Protected by Supreme Court
Separation of powers, and checks & balances?
- No branch dominates
- Strong system of codified checks & balances
- Supreme Court can block acts - “limited govt”
- No member of one branch can be in another
Significant Articles?
1) Legislative Branch (bicameral = Senate + HoR)
2) Executive Branch (Prez, VP, Cabinet, departments)
3) Judicial Branch (SCOTUS)
4) State Powers (power to make laws and work with other states)
5) Amendments (new amendments made through process)
6) Federal Powers (federal law is highest)
How can the judiciary check the executive + legislative?
1) Declare laws unconstitutional
2) Interpret Presidential actions
3) Serve for life
How can the legislative check the executive?
1) Approve appointments (Cabinet + SCOTUS)
2) Impeachments
3) Override vetoes
4) Ratifying treaties
5) Power of the Purse
6) Declare War
How can the legislative check the judiciary?
1) Appointments
2) Amendments
3) Impeachment
How can the executive check the judiciary?
1) Pardons
2) Appointments
How can the executive check the legislative?
1) Vetoes
2) Commander-In-Chief
3) Executive orders
4) VP is Senate President
How many amendments are there?
27
Examples of amendments?
1) 13th Amendment - Slavery illegal
2) 19th Amendment - Women vote
3) 22nd Amendment - 2 term limit
4) 1st Amendment - Freedom of speech
Exclusive federal powers?
1) Declare war
2) International treaties
3) Make laws to enforce Constitution
Exclusive state powers?
1) Ratify amendments
2) Issue licences
3) Conduct elections
Shared powers?
1) Taxes
2) Setting up courts
3) Creating and enforcing laws
What are civil rights and liberties?
Rights: Protections to groups to limit discrimination
Liberties: Rights given to you by law
How does the Constitution protect rights?
1) Bill of Rights
2) “Elastic clauses”
3) Does not prevent other rights (e.g. Equal Pay Act 1963)
How does the Constitution not protect rights?
1) Non-existent protections (e.g. disabilities + ERA 1972)
2) Uncertainty in Supreme Court decisions over time
3) Laws can still be overturned (e.g. 18th Amendment - Prohibition)
How does this structural theory affect the Constitution ?
1) Codified – Harder to amend
2) Equal balance/ separation of powers
3) Both legislative houses elected – gridlock
What is the elastic clause?
- Article 1, Section 8
- Congress must be able to make all laws necessary and proper to carry out its functions
How does cultural theory affect the Constitution?
1) Focus on rights – Limited govt
2) Lack of ancient traditions (e.g. HoL)
3) More emphasis on US citizens knowing their rights
How does rational theory affect the Constitution?
1) President given mandate through vote
2) Midterms cause early push for legislation
3) SCOTUS more political from Prez appointments
What is structural theory?
Focuses on the formal structures and processes within systems which determine differences
What is cultural theory?
Focuses on tradition, history and ideas that have helped to shape different political systems
