11 US Constitution Flashcards
(345 cards)
1
Q
How many amendments are there to the US Constitution?
A
27
2
Q
What is the Bill of Rights?
A
The first 10 amendments to the constitution
3
Q
When were the Bill of Rights ratified?
A
1791
4
Q
What kind of constitution is the US Constitution?
A
Codified
5
Q
When was the Constitution ratified?
A
1788
6
Q
Where was the Constitution ratified?
A
Philadelphia Convention
7
Q
When did the Constitution come into force?
A
1789, after all the states legislatures had ratified it.
8
Q
Why was the timing of the US Constitution potentially an issue?
A
It was drafted speedily over a single summer.
9
Q
What 2 words can be used to describe the US Constitution?
A
- Entrenched
- Codified
10
Q
What does it mean to say the US Constitution is entrenched?
A
It is difficult to change the US Constitution
11
Q
What evidence is there to suggest that the US Constitution is entrenched?
A
It is very difficult to modify
12
Q
Which article of the Constitution makes it entrenched?
A
Article V
13
Q
What does Article V stipulate regarding amendments to the Constitution?
A
- A supermajority is needed in Congress or;
- 3/4 majority of states can ratify a new amendment and it becomes part of the constitution
14
Q
What does the Bill of Rights do?
A
Protects rights in the constitution.
15
Q
Why is the Bill of Rights an example of entrenched rights?
A
because the rights are entrenched in the constitution
16
Q
Give the benefit of entrenched constitution.
A
The rights e.g. Bill of Rights are protected
17
Q
Give the negative of entrenched constitution
A
The constitution is inflexible
18
Q
What is a supermajority?
A
2/3 vote in Congress
19
Q
What other word can be used to describe the Constitution’s nature?
A
Vague
20
Q
What is an enumerated power?
A
Powers explicitly given to an agency or government by the constitution
21
Q
What are implied powers?
A
Powers that are not explicitly mentioned in the constitution, but which are hinted at.
22
Q
What do implied powers do?
A
Give the constitution vagueness
23
Q
Give an example of the constitution exploiting implied powers to give vagueness?
A
The Constitution Article 1 Section 8 gives Congress the power to make laws which promote the ‘general welfare’ of the citizenry. This definition is vague and what falls under the remit of general welfare has grown with the movement towards federal centralised government.
24
Q
Give an example of an enumerated power?
A
ALSO in Article 1 Section 8; the Congress is given the right to issue taxes, institute a currency and spend taxpayer money.
25
What kind of powers are given explicitly to each branch of government by the Constitution?
Enumerated powers
26
How many articles does the Constitution have?
7
27
Give another example of the vagueness in the Constitution?
Constitution has powers to make laws 'necessary and proper' for it to rule (also Article 1 Section 8)
28
4 positives of the Constitution
1. Clarity
2. Vagueness
3. Entrenched
4. Simplicity
29
What are the positives of the Constitution (clarity)?
The constitution is arguably specific in where it matters; despite being vague, there is clear consensus on the separation of powers when Articles 1, 2 and 3 respectively delegate powers to the legislature (Congress), executive (President) and judiciary (SCOTUS). This shows how clarity can help the Constitution achieve positive outcomes
30
Why can vagueness be a benefit of the Constitution?
It counteracts the specificity and entrenched nature of the Constitution, making it better suited to the modern world. For instance, see how the interpretation of 'general welfare' has evolved over time
31
Why is entrenched nature a benefit of the constitution?
It is difficult to amend the constitution. This gives it the benefit of avoiding the whims and froes of populist movements, safeguarding US democracy.
32
Why is simplicity a benefit of the Constitution?
The Constitution is discretely organised into 7 Articles, each of which is further broken down into Sections and Clauses. The clear structure and layout, combined with the skilful use of language to portray both specificity and vagueness, makes the Constitution highly understandable to citizens
33
3 negatives of the constitution that show that it is somewhat problematic?
1. Vagueness
2. Entrenched
3. Extent of federal government power theoretically unlimited
34
What is the problem with the vagueness in the US Constitution?
It needs interpretation in specific instances, which goes to the US Supreme Court now. Since the denied appointment of Merrick Garland in 2016, the US Supreme Court has become another weapon in the partisan arsenal. For instance, in the summer of 2022 a Republican dominated US Supreme Court ruled on the case Dobbs v Jackson Women's Health Organisation where Roe v Wade was overturned despite the fact it enjoyed majority support among citizens
35
The US judiciary is _____
POLITICIZED
36
How many members are there on the SCOTUS?
9
37
What is the issue with the extent of federal government being unclear?
Article 6 paragraph 2; Supremacy clause; Federal laws overrule state laws. Also, Article 1 Section 8 - Government is empowered to make laws 'necessary and proper'
The Federal Government has few enumerated restrictions on its lawmaking and therefore there is regular conflict between states and the Federal Government
38
Give an example of a time when the conflict between the federal and state government has caused discord in the US.
John C Calhoun; in the 1800s Calhoun strongly opposed the power of the federal government to impose tariffs on states. His supporters issued a 'nullification' order in the South Carolina state legislature for federal tariffs, and in the 1860s his support for secession made South Carolina the first state to secede from the union
39
Why is the entrenched nature of the constitution a problem?
Constitutional amendments are nearly impossible in the 21st century due to partisanship
40
What is the elastic clause of the US Constitution?
'Necessary and proper' clause, Article 1 Section 8
41
True or False; the elastic clause of the US Constitution is Section 1 Article 8
False; article and section are the wrong way around
42
Article I of the Constitution key quote?
All legislative powers herein granted are to be vested in a Congress of the United States...
43
What is contained in Article I?
The framework of the US Congress and its election procedures.
44
How frequently are Representatives elected?
2 years
45
How many representatives does each state have?
At least one, up to 52 in the case of California. Woyming for instance only has one, with its "at large" Congressional district
46
How long do Senators serve for?
6 years
47
Why is the Senate the upper house?
The Great Compromise between federalists and anti-federalists; there would be an upper scrutiny chamber known as the Senate which ensured small states would be represented (New Jersey), reconciled with a lower house known as the House of Representatives (Virginia Plan).
48
How many Senators are there per state?
2
49
Article II does what?
Gives executive power to the President
50
How long does the President preside for?
4 years
51
The President and Vice President are elected via...
The Electoral College
52
Article 3 of the Constitution does what?
Gives the judicial power of state to the SCOTUS and any smaller courts
53
Are there term limits for Supreme Court justices?
No
54
How are Supreme Court justices appointed?
By Presidential nomination and subsequent Senate vote
55
Which article(s) of the US Constitution concern federalism?
Articles 4 and potentially 6
56
Is federalism ever explicitly mentioned in the constitution i.e. is there a 'federalism' clause?
No
57
4 things Article 4 stipulates?
1. States must respect the laws of other states
2. All states must treat citizens equally
3. All states should have republican governments
4. the process for new states to join the union
58
What does article 5 discuss?
The process by which the US Constitution can be amended
59
2 things Article 6 discuss?
1. 'Supremacy clause' Article 6 Paragraph 2; the constitution is the highest law in the land
2. 'no religious test shall ever be required as a qualification' for public office
60
Article 7 of the constitution does what?
Outlines the process by which states subsequently ratified the US Constitution after the Philadelphia Convention
61
Which part of the Constitution sets out the process for amendment?
Article V
62
What is the first process to introducing a constitutional amendment in the US?
1. 2/3 of BOTH HOUSES of Congress vote to introduce an amendment
OR
2. 2/3 of states in the union can call a constitutional convention to propose amendments
63
What is the second part of introducing a constitutional amendment?
3/4 of states ratify it at a state level
64
Which article entrenches the US Constitution?
Article V
65
What is the 1st amendment?
Right to freedom of speech and religion
66
What is the 2nd amendment?
Right to bear arms
67
What is the 4th amendment?
Right to be protected from 'unreasonable searches and seizures'
68
What is the 6th amendment?
The right to a trial by jury and to a lawyer
69
What is the 8th amendment?
The right not to have 'cruel and unusual' punishments imposed
70
What is the 10th amendment?
The Federalism Clause; all power not granted to the Federal Government is reserved to the States or to the People
71
What is the 13th, 14th and 15th amendments?
The Reconstruction clauses which abolished slavery and emancipated ex-slaves
72
What is the 19th amendment?
Gave women the right to vote
73
What is the 22nd Amendment?
Limits the President to two terms
74
What is the 26th amendment?
1971 - Lowered the voting age from 21 to 18
75
When was the most recent amendment passed?
1992
76
How many amendments have been proposed to amend the constitution in Congress?
Nearly 12,000
77
How many amendments are there?
27
78
3 benefits of the amendment process being so difficult creating an entrenched constitution?
1. Preserves the key principles the founding fathers envisaged, giving the US government a consistent identity
2. Safeguards the US from populism
3. Protects the rights of small states who would lose out in a relative majority system
79
Example that shows that the amendment process successfully safeguards civil liberties from populism?
Donald Trump tweeted that he could end birthright citizenship with an executive order. He is incorrect; it is protected by the 14th amendment. Therefore it can be seen that populist throes are prevented by the US Constitution.
80
What are the two problems with the entrenched amendment process?
1. States overrepresented
2. Undemocratic
81
How are states overrepresented by the Amendment process?
3/4 of states are required to ratify an amendment. The population of Wyoming is around 579,000 whereas it is around 40 million in California. When these states have an equal say, it is disproportionately representing people in both states
82
How is the amendment process undemocratic?
The Equal Rights Amendment was a feminist clause that would be added to the US Constitution; campaigners have been fighting to have it included since 1921. In 1972 it received a supermajority in Congress, but a small number of conservative states in the Union have prevented its ratification by 1982, showing how despite the will of voters from both parties, the amendment has not been adopted.
83
How many states are needed to stop an amendment?
13
84
What year was the Constitution ratified?
1788
85
What year was the Constitution written?
Summer 1787
86
The 'necessary and proper' clause of Article 1 is known as...
The elastic clause
87
What was the precursor to the US Constitution and what was the problem?
Articles of Confederation.
Shay's Rebellion in 1787 showed how the Federal Government was weak and unstable
88
Did the constitution embrace democracy?
No; in the beginning Senators were not directly elected, this only became a requirement in 1913 with the 17th amendment. Furthermore, the Electoral College, which still exists, can and frequently does overrule the will of the people at a general election.
89
What was the Great Compromise?
1787; Senate and House of Reps reconciled into bicameral system
90
Which Article sets out constitutional sovereignty?
Article VI
91
What is the problem with vagueness in the 2nd amendments?
Specifies 'well-regulated militia', however in the 21st century this has evolved to mean private citizens
The lack of specificity means that accuracy is often foregone
92
Another example of troubling vagueness in the US Constitution?
Congress is given sole power when declaring war; but the President is the commander-in-chief. Practically, whilst Congress is enumerated the power to start wars, the President also has this power implied, which has led to much confusion and increasing power of the President to initiate war, for instance the bombing raids in Laos and Cambodia in the Vietnam War
93
Where does Judicial Review come from?
1803 Marbury v Madison case
94
Example of sharing of powers failing?
December 2018-January 2019 35 day government shutdown over budget
95
What are the two ways to ratify amendments?
1. 2/3 majority in the Houses of Congress
2. 2/3 of states call a convention
THEN
1. 3/4 of states ratify it IN STATE LEGISLATURE
2. 3/4 of states ratify it AT SPECIAL STATE RATIFYING CONVENTIONS
96
Evidence that entrenched constitution can create problems?
According to Statista, 63% of Americans said that they would support stricter gun control laws. However, some of these measures may be deemed unconstitutional due to the 2nd Amendment
97
Did America have a constitution after the Revolution? What did they have?
No
Articles of Confederation until 1787
98
Key fact about Articles of Confederation?
No President - weak central government
99
When was Shay's Rebellion?
1787
100
Key democratic fact about the constitution?
Representative government NOT democracy
101
Culturally, why might the Constitution contain a fear of mass democracy?
All were white, male, well-to-do landowners, and the vast majority owned slaves. An egalitarian and equitable constitution was hardly in their best interest
102
Is the Supreme Court mentioned in the constitution?
Yes, but without specifics
103
2 main compromises in the constitution
1. Connecticut Compromise, bicameral legislature
2. Federalist v anti-Federalist
104
Leading federalists
Hamilton, Madison
105
Leading anti-federalists
Jefferson
106
Why might the Constitution contain a fear of mass democracy?
All were white, male, well-to-do landowners, and the vast majority owned slaves. An egalitarian and equitable constitution was hardly in their best interest.
107
Is the Supreme Court mentioned in the Constitution?
Yes, but without specifics.
108
What are the two main compromises in the Constitution?
1. Connecticut Compromise, bicameral legislature
2. Federalist v anti-Federalist
109
Who were the leading federalists?
Hamilton, Madison.
110
Who were the leading anti-federalists?
Jefferson.
111
Why is limited government an implied power of the US Constitution?
Liberal ideas.
112
What is an example of the vagueness/silence of the Constitution being a problem?
The unanswered slavery question meant it took nearly a hundred years and a bloody civil war to resolve.
Or the lack of commitment to democratic principles (19A)
113
What does the 13th Amendment address?
Slavery banned.
114
What does the 19th Amendment address?
Universal suffrage.
115
What is a flaw in the vagueness of the 2nd Amendment?
"well-organised militia" - tf is this?
116
What is the main flaw with vagueness?
Constitution accidentally encompasses many political issues in its broad sweeping clauses, politicising the judiciary. In other countries, the legislature decides what in the US the courts decide
117
What is an example of the court changing its mind?
1896 Plessy v Ferguson - racial segregation legal
1954 Brown v Board of Education of Topeka overturned this
## Footnote
1954 Brown v Board of Education of Topeka overturned this.
118
What is an example of how the Constitution is inexplicably vague?
Conduct of elections - left to states. Existing federal legislation fills the gap (e.g. CRA 1965) but deeply flawed.
119
What is an example of a state with special election requirements?
Georgia "run-off" election.
120
What are enumerated powers?
Powers explicitly given to each branch.
121
What are implied powers?
Powers derived from what is written in the Constitution without ever being explicitly stated.
122
How does Senatorial election work?
Senatorial "classes" with 1/3 of Senate in each class and one class up for election every 2 years.
123
What is the second way to pass amendments?
Constitutional convention where 2/3 of states attend and 3/4 ratify.
124
Which article makes the Constitution the highest law in the USA?
Article 6.
125
What does the 26th Amendment address?
Voting age 21 to 18.
126
When did women get the right to vote?
1920, 19th amendment.
127
What makes the Constitution vague?
The presence of implied powers that stretch existing enumerated powers.
128
What is an example of implied powers?
Article I Section 8 - "necessary and proper clause"
Laws involving national security, drug control etc.
## Footnote
Laws involving national security, drug control etc.
129
What is the elastic clause?
Article 1, Section 8, Clause 18.
130
When was the US Constitution ratified and when did it come into force?
Ratified in 1788 and came into force in 1789.
131
What is an example of A1S8 growing COTUS' power over time?
2010 ACA - "individual mandate" forcing Americans to be ensured was upheld by SCOTUS under COTUS' tax powers.
132
What is an example of vagueness in the US Constitution?
Article II - President will ensure laws are "faithfully executed"
Inherent powers from this is the executive order
But there has been conflict here - e.g. Obama introduced DACA using a DHS memorandum, which did not get Congressional approval
## Footnote
Inherent powers from this is the executive order.
133
Who checks the Article 2 preponderance of executive powers?
SCOTUS
Biden v Nebraska 2023 - Student Loan Forgiveness Executive Order struck down by SCOTUS
But arguably this is an easy target since power of the purse is an explicit power of COTUS
134
What is an example of SCOTUS checking executive powers?
Biden v Nebraska 2023 - Student Loan Forgiveness Executive Order struck down by SCOTUS.
135
How is the power of the purse an enumerated power of COTUS?
Article 1, Section 7, Clause 1 - Origination Clause - all revenue bills must begin in House
Article 1, Section 9, Clause 7 - Appropriations Clause - COTUS laws are the only way to draw on the Treasury
## Footnote
Article 1, Section 9, Clause 7 - Appropriations Clause - COTUS laws are the only way to draw on the Treasury.
136
What is the "full faith and credit" clause?
States must recognise and enforce the official acts, decisions and records of other states.
137
What is an example of the limitation of full faith and credit?
Before Obergefell v Hodges (2015), states with laws explicitly opposing same sex marriage were not obliged to recognise same sex marriages from other states.
138
What is an example of how the Constitution's entrenched nature makes parts of it obsolete?
Article 4 Section 2 has a section about slaves and how they must be returned if found escaped across state lines. This clause is obsolete, but has never been repealed.
139
What are three flaws of the amendment process by convention?
1. State resolutions to call a convention do not have to be identical, it is unclear what resolutions are admissible to COTUS.
2. There are no rules on how the convention works.
3. There are no rules on the scope of the convention, leading to fears of a "runaway convention."
140
What are the first ten amendments known as?
The Bill of Rights.
141
What are the 10 amendments in the Bill of Rights?
1. Freedom of speech and religion
2. Right to bear arms
3. No soldiers can squat in a house during peacetime
4. No unreasonable searches and seizures
5. Right to remain silent
6. Right to a trial by jury and a defense attorney
7. Right to a jury in civil cases if the disputed amount exceed $20
8. Banning cruel and unusual punishments
9. Just because a right isn't listed in the BoR doesn't mean it doesn't exist
10. Federalist clause
142
What is an example of cultural analysis on the US Constitution?
3rd Amendment - soldiers cannot occupy a private property during peacetime.
143
What is an example of SCOTUS expanding rights using the Bill of Rights as a pretext?
Gideon v Wainwright (1963) - the 6th amendment literally entitles you to a free lawyer.
144
What are the reconstruction amendments?
13, 14 and 15.
145
What is an example that shows the Constitution doesn't really protect rights?
You can just ignore it
E.g. Trump's immunity from prosecution for acts committed whilst in office
## Footnote
E.g. Trump's immunity from prosecution for acts committed whilst in office.
146
When was the ERA first raised by feminist groups?
1921.
147
What is an example of how there is no deadline on ratification?
27th amendment went unratified for 200 years until it was ratified following a grassroots campaign by Gregory Watson.
148
How many states can block an amendment and how many are needed to pass it?
13 to block and 38 to pass.
149
How many representatives does California send to the House?
52.
150
What percentage of the US would be needed to stop an amendment?
About 4.3% of US population needed to stop an amendment (smallest 13 states).
151
What is a judicial check on the President?
SCOTUS may declare Presidential actions to be unconstitutional.
152
What did the 1865 amendment achieve?
Abolished slavery.
153
What did the 1868 amendment achieve?
Gave citizenship.
154
What did the 1913 amendment achieve?
Direct election to the Senate.
155
What are congressional checks on the courts?
Congress can impeach federal justices.
156
How can the Constitution be amended to sidestep SCOTUS rulings?
The Constitution can be amended.
157
What are examples that show federalism is weakened?
Most states do not have year-round legislatures. Congress can issue mandates that override state legislatures. Nebraska abolished its upper House in the 1930s.
NEBRASKA IS AN INTERESTING CASE ACTUALLY - did it because of efficiency/lack of transparency in conference committee
158
What are examples of Presidential checks on the courts?
The President nominates ALL federal court justices, including Supreme Court justices. These include SCOTUS, Circuit judges, district court judges and trade commission judges.
HOWEVER they hold their positions on "good behaviour" - effectively life tenure
159
Who were the justices appointed by Trump?
Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
160
What is a power of the President regarding criminal convictions?
The President issues pardons and commutations.
161
What is an example of a Presidential pardon?
Gerald Ford pardoned Richard Nixon.
162
What are examples that show separation of powers for personnel?
Obama and Joe Biden had to resign as Senators to become President and Vice President respectively.
163
What are the ways to amend the Constitution?
2/3 majority in Congress, then 3/4 of states ratify. 2/3 of states call a convention, then 3/4 ratify.
164
What are arguments that the Constitution is too hard to amend formally?
SCOTUS has the power, outdated aspects of the constitution, no state-led constitutional convention.
165
What are 3 examples of how government is limited?
1. Separation of powers restricts the power of the federal government.
2. Codification and entrenchment safeguards the framework of the constitution.
3. Bill of Rights protects individual and state rights.
166
What are 3 examples of Presidential checks on Congress?
1. Presidents can veto acts or resolutions passed by Congress
2. Issue executive orders
3. Deploy troops as commander-in-chief.
167
What are examples that show limited government failing?
3000-4500 federal regulations are passed each year. National debt has grown from $5.6tn in 2000 to $34tn in 2024. PATRIOT Act 2001 - unprecedented surveillance.
168
What are impacts of checks and balances?
Gridlock, timing on Presidential initiatives, workarounds to avoid the system.
169
What are significant SCOTUS rulings?
Jackson v Dobbs June 2022, Obergefell v Hodges 2015, Miranda rights.
170
What are 3 things that show federalism at work?
1. Each state has a fully functional three branches state government.
2. States can ratify amendments to the Constitution.
3. Laws are different in different states.
171
What are 3 ways in which power is separated in the US?
1. Checks and balances prevent too much power accumulating in one branch.
2. No person can simultaneously serve in two branches of government.
3. The executive cannot dominate.
172
What are examples that suggest that powers are not as shared in the US as we would like?
The VP is also Senate President and casts a tie-breaking vote. Presidents have the power to pardon which overlaps with the judiciary.
173
What are 5 principles of the US Constitution?
1. Bipartisanship and compromise
2. Federalism
3. Separation of powers
4. Checks and balances
5. Limited government.
174
What are checks of Congress on the President?
Overturning vetoes, confirm judiciary appointments, power of the purse, refuse to pass legislation requested by President.
175
What is an example of how federalism is still important?
States can legislate on the death penalty.
176
What is an example that shows how laws are different between states?
Abortion laws are different in states that have outlawed abortion.
177
What percentage of state tax revenues come from central government?
Between about 19 and 32% in 2021-22.
178
Do all amendments have equal significance?
No, 23A gave DC votes in electoral college.
179
What is the evaluation on the veto?
Less popular now, from 78 in Reagan's time to 12 in Obama's time.
180
What is an evaluative comment on impeachment?
Never been successfully used - only House impeachment.
181
What is evidence that amendments are subject to partisanship?
The last time there was a supermajority in the US Congress was during the 95th United States Congress for the Democrats (1977-79), which was also the last to pass an amendment (which was left unratified) which would've given DC full representation in US politics without making it a state
182
What is an example of a governor acting decisively during a crisis?
Greg Abbott launching Operation Lone Star in 2021, mobilising state troopers and other state police departments to the Southern border as an impromptu border force in lieu of insufficient support from Federal Government
183
What is an example of Congress denying a Presidential appointment?
1989 John Tower was denied as Defence Secretary.
184
What is an example of a time when the threat of Senate not approving a candidate led to withdrawal?
2020 Neera Tanden as Director of the Office of Management and Budget.
185
What is an example of an intra-Congressional check and balance?
Senate serves 6 years, House only 2.
186
What is an example of the Bill of Rights being used to enshrine the principle of limited government?
SCOTUS uses 1st Amendment to strike down parts of BCRA 2002.
187
What is an example of bipartisanship at work?
2010 'Don't ask don't tell' policy repealed by an alliance of Democrats and some moderate Republicans.
188
What is an example of Congress amending the Constitution to sidestep SCOTUS ruling?
In 1896 the SCOTUS ruled a national income tax unconstitutional, so in 1913 the 16th amendment reversed this.
189
What is an example of Congress exercising its power of the purse?
Trump requested funding for his Mexican border wall, which was routinely denied.
190
What is an example of Congress failing to pass legislation announced in SOTU?
After Sandy Hook (2012) Congress passed no gun control legislation.
191
What is an example of Congress impeaching a federal judge?
Louisiana federal judge Thomas Porteus was nearly unanimously impeached.
192
What is an example of Congress overturning a Presidential veto?
2016 Congress overturns veto of JASTA.
193
What is an example of an executive order?
2017 Trump ban on visitors from mostly Muslim majority countries.
194
What is an example of gridlock affecting US Politics?
At the height of the COVID-19 pandemic it took several days to pass a $2 trillion stimulus package.
195
What is an example of House investigations?
2019 House Oversight and Reform Committee investigates increased USAF funding.
196
What is an example of how Biden has continued to increase the size of the federal government?
Infrastructure Bill; Biden would like it to be almost $2 trillion having driven it down from $3 trillion initially asking price
197
What is an example of how bipartisanship is in peril?
Government shutdowns have become more frequent.
198
What is an example of how checks and balances have affected how legislation is timetabled?
Most reform happens in the first two years of a Presidential term.
199
What is an example of how states retain some independence?
Governors are often figureheads during natural disasters.
200
What is an example of how the federal government continued to expand under Obama?
Affordable Care Act
American Jobs Act after the 2008 recession - $140 billion into the infrastructure
201
What is an example of how Trump has increased the size of the federal government?
$2 trillion largest ever stimulus package in March 2020 for US economy during COVID-19
202
What is an example of impeachment in use and the issue?
Trump was impeached twice, but the Senate needs to vote to convict.
203
What is an example of a judicial check on the President?
Hamdan v Rumsfeld 2006 - SCOTUS ruled it unconstitutional to try suspected al-Qaeda members at special military tribunals.
204
What is an example of partisanship in appointment hearings?
2016 - McConnell refused to hold confirmation hearings for Merrick Garland.
205
What is an example of a President vetoing Congress?
President Obama vetoed the Keystone XL pipeline in 2015, a US-Canada oil pipeline. BEFORE HE SIGNED THE PARIS ACCORDS
206
What is an example of Presidents acting as commander-in-chief?
Bush invades Afghanistan and Iraq.
207
What is an example of treaties failing to pass in Congress?
Convention on the Rights of Persons with Disabilities failed to pass in 2012.
208
What is an example of workarounds?
1. Obama's nuclear deal with Iran that was not a treaty so that it would not have to be ratified by Congress
2. Trump's declaration of a national emergency at the USA-Mexico border to bypass power of the purse
209
What is an example that shows limited government at work?
Some legislation has been struck down for violating the Bill of Rights.
210
What is an example that shows that amendment by constitutional convention is unlikely?
It has never happened.
211
What is an example that shows that federalism is debated?
Trump said 'the authority is total' regarding state lockdown orders.
212
What is an example that shows that VPs are ready to tie break?
Kamala Harris has cast 33 tie-breaking votes.
213
What is an example that shows tie breaking by Senate President is becoming more common?
Harris used it over 30 times.
214
What is an example of a law struck down for violating the Bill of Rights by SCOTUS?
Citizens United v FEC (2010) struck down parts of BCRA.
215
How does Congress overturn a Presidential veto?
2/3 supermajority in both houses.
216
How does the Constitution integrate the separation of powers into US law?
Articles 1, 2 and 3.
217
How is segregation an example of federalism?
Some states continued to enforce legalised segregation until the 1950s and 60s - it was only Federal Government intervention that ended it
218
How is the constitution most effectively amended?
Informal amendment via SCOTUS.
219
How many successful amendments have there been?
27 out of nearly 12,000 proposed.
220
How many vetoes did Bush have overturned?
4 out of 12 regular vetoes.
221
How was federalism weakened in the 1950s and 60s?
Civil Rights movements.
222
Is federalism in decline?
Yes.
223
Is the term 'separation of powers' appropriate?
Maybe not; powers are often shared.
224
What was the last major constitutional amendment?
26A in 1971 lowered voting age from 21 to 18.
225
How many commutations did Obama issue on his last day in office?
330.
226
What are checks and balances?
Powers given to each branch of government to limit the power of the others.
227
What are the President's appointments to?
The administration, e.g., the cabinet or the judiciary.
228
What components make up limited government?
Separation of powers, checks and balances, federalism, entrenchment of rights.
229
What did John Adams say about partisanship?
'Political evil.'
230
What happened in the early 2000s that grew the size of the Federal Government?
9/11 - PATRIOT Act was passed, Department for Homeland Security established, No Child Left Behind Act education spending
231
What is a federal regulation?
A measure introduced by a federal agency.
232
What is a supermajority?
2/3 vote.
233
What is the 'Federalist Clause'?
10th amendment - powers not reserved to the Federal Government reserved to the states.
234
What is the 10th amendment?
Federalist clause - powers reserved to the states.
235
Passed in 1913 - an amendment that allowed for a national income tax - expanding the power of the federal government
Passed in 1913 - an amendment that allowed for a national income tax - expanding the power of the federal government
236
What is the difference between the most populous and least populous US state now?
68x bigger difference.
237
What is the 10th amendment?
Federalist clause - powers reserved to the states
238
What is the 16th amendment and how does it relate to federalism?
Passed in 1913 - an amendment that allowed for a national income tax - expanding the power of the federal government
239
What is the difference between the most populous and least populous US state now, versus when the US was founded? What does this tell us?
68x bigger
8x bigger
## Footnote
Federalism and amendment process less democratic
240
What is the easy way for Congress to veto the President which does not require 2/3 majority?
Have in place a law before the executive order which makes the action under the executive order illegal
241
What is the point of supermajority requirements?
Bipartisanship
242
What is the requirement for states to have a constitutional convention?
2/3 must petition for a convention to take place
243
What majority is needed to approve Presidential nominees?
50%
244
What was a big leap against federalism that occurred in the 1930s and 40s?
New Deal policies necessitated a huge increase in spending, increasing the size of the federal government
245
What was an unfunded mandate?
When block grants were withdrawn, many states still had to provide services
246
What was the single event under which federalism was most exercised in the 19th century?
American Civil War
247
What, besides the constitution, is the limit of Presidential executive orders? Example? Evaluation?
A Presidential executive order, under the constitution, cannot override existing federal law and is subject to judicial challenge if it does.
## Footnote
For instance, Biden's 2022 Student Debt Cancellation Executive Order of up to $20,000 for eligible students was ruled illegal because it contravened the 1965 Higher Education Act.
248
When is bipartisanship most common and an example? Explanation?
When one party is in the extreme minority
## Footnote
E.g. Medicare and CRA got substantial Republican votes during the 1960s, and 1986 Tax Reform Act got support from Democrats.
249
When was the decline of federalism opposed? What happened?
1970s and 80s "New Federalist" GOP candidates such as Reagan and Nixon
They gave block grants to states to increase their legislative prerogative
However, Reagan later backtracked and cut many of these programmes due to growing federal deficit
## Footnote
They gave block grants to states to increase their legislative prerogative. However, Reagan later backtracked and cut many of these programmes due to growing federal deficit.
250
Which branch suffers the most checks and balances and what does this reveal?
President
## Footnote
Tyranny fears from framers - context to American Revolution.
251
Who confirms Presidential appointments?
The Senate
252
Who influenced the Founding Fathers to support separation of powers?
Montesquieu
## Footnote
"The Spirit of the Laws" argued that three distinct branches (legislative, executive, judiciary) were needed to prevent tyranny and absolutism.
253
Why can checks and balances actually reduce separation of powers?
Some checks and balances allow the branch of government to encroach on what would conventionally be considered the domain of another branch e.g. Presidential pardons.
254
Why is limited government a key principle of US Government?
Liberalism - it is believed that large government infringes on the individual.
255
Why is Presidential pardon in the Constitution?
Early days - pardoning rebels
## Footnote
Also to fulfil a role the monarch usually did.
256
Why should the judicial check on the President not be overstated?
Recently been denigrated e.g. Trump v United States 2024 POTUS is immune from criminal prosecution when partaking in acts pertaining to Presidential duties.
257
Why, fundamentally, is the separation of powers seen as important?
No one branch of government should have too much power, and therefore it is necessary to forcibly dissipate power to minimise the risk.
258
Why does federalism exist?
To enshrine the principle of limited government.
259
Geographically, what is the use of federalism?
The US is a large and diverse country - by 2045 it is estimated the country may become minority ethnic white. It is also a huge, sprawling country which governing centrally would be practically difficult. Federalism reconciles this problem.
260
What is the key part of the constitution that addresses federalism directly?
10th amendment BoR - Powers reserved.
261
What is the significance of the 10th amendment?
Only states may legislate on all issues not set forth in the constitution.
262
How are the state governments practically set out?
There are 3 branches of government. As per the constitution, all governments are republican and the state executive is run by a governor who is democratically elected.
263
What is the difference between federalism and devolution?
The flow of power - devolution delegates power to the regional assemblies whereas federalism is a delegation of some powers from the states to the central government.
264
What is the distinguishing feature of a block grant?
It is not assigned a purpose in the recipient state, meaning it is up to the state to decide what to do with it.
265
What are the 3 types of powers between the federal and state government?
1. State powers
2. Shared powers
3. Federal government powers
266
Give 2 examples of state powers.
1. States are in charge of running and administrating elections
2. States ratify amendments to the constitution
267
Give an example of a shared power.
The power to levy taxes.
268
Give 2 examples of federal government powers and the issue?
1. Mint a currency
2. Declare war
## Footnote
Article 1 Section 8.
269
Why did the American Civil War 1861-65 suppress federalism?
The ultimate power of states - to secede and hold the union hostage - was shown to be an illegitimate tactic.
270
What happened in the 1930s-1940s to cause a federalism decline?
New Deal spending.
271
What happened in the 1950s-60s to help with the decline of federalism?
Civil Rights Legislation
MEDICARE.
272
When was the decline of federalism opposed?
1960s-70s - GOP New Federalist candidates, block grants.
273
What is the defining feature of a block grant?
No specific constituency to be spent on.
274
Which amendment expressly increased the power of the federal government?
16th.
275
What are 4 ways federalism is still relevant?
1. Death penalty
2. Legislative difference (Oregon sales tax)
3. Presidential election
4. Administrating their own elections (caucuses or primaries)
276
What are the 3 types of federalism and their time periods?
1. Dual federalism - 1788-1920s/30s - limited central government power
2. Co-operative federalism - 1920s/30s-1970s - centralisation and allocated grants. New government departments
3. New federalism - 1970s-present - renewed emphasis on decentralised government etc., block grants.
277
Example of New Federalism in the 2024 campaign?
Trump pledged to abolish the Department for Education.
278
Example of how states have different cultures and histories that justifies federalism?
Utah is largely Mormon whereas Pennsylvania has a large Quaker population
## Footnote
Huge demographic differences across the US that in other places would constitute nation states.
279
Example of how federalism dwindled over the 20th century?
Over WW1, top rate of US income tax went from 7% to 77%.
280
Why, ultimately, is federal government power expanding? 2 reasons
1. Constitutional asymmetry - Article VI supremacy clause, Article 1 Section 8 elastic clause and 10th amendment is not specific about state powers
2. Changing expectations of government.
281
Is the Great Compromise of 1787 now outdated? Evidence?
Yes
## Footnote
The population gap between the most populous and least populous states has swelled - when the compromise was struck, the largest state (Virginia) was 12 times larger than the smallest state (Delaware). Nowadays the largest state (California) is 68 times larger than the smallest state (Wyoming). Perhaps the Senate is outdated.
282
Why is the Great Compromise being outdated bad for the Senate and evidence?
Senate is disproportionate e.g. half of all the Senators represent just 16% of the population.
## Footnote
Senate is more prestigious and does stuff like judicial appointments.
283
What are 3 reasons the electoral college is flawed?
1. 2000 and 2016 - it served as a hindrance by denying the popular vote
2. Channels campaigning energy into a small selection of states
3. Undemocratic.
284
When was the US last officially at war and how is this a critique of the US Constitution?
1945
## Footnote
The Constitution is vague - the President is the commander in chief.
285
How have advice and consent powers been weaponised by partisanship?
Merrick Garland 2016.
286
How is the constitution flawed regarding elections to the legislative branch?
House is elected every two years and Senate every 6 years on 2 year rotation
## Footnote
Increases the chance of divided government and gridlock.
287
Are entrenched rights always good?
No, see second amendment - more than 60% of Americans support some kind of gun legislation.
288
How has the constitution failed on federalism?
The massive increase in power of the federal government.
289
Example that shows that the constitution has given too much power to a judiciary?
5-4 rulings are now common e.g. on same sex marriage or on the legality of Obamacare.
290
What is the benefit of the difficult amendment process?
Safeguards rights.
291
What is the downside of the difficult amendment process?
The last major amendment was probably the 26th amendment lowering the voting age - and that was over 50 years ago.
292
What is the benefit of the flexibility of the Constitution on checks and balances?
The powerful executive has begun to take the lead on policy making and representing the US overseas.
293
What are 2 key points when evaluating how well the US Constitution safeguards individual rights?
1. SCOTUS interprets
2. Most are in the 1791 Bill of Rights.
294
What are 2 ways rights are flawed in the constitution?
1. Collective rights, such as those of the LGBTQ community, are not mentioned
2. Social rights such as the right to education, are not mentioned since the US is classically liberal.
295
Example that shows that 1st amendment rights are not total?
Morse v Frederick 2007
## Footnote
An Alaskan high school student unfurled a banner reading "BONG HiTS 4 JESUS" and was suspended from high school. When he appealed to SCOTUS, they overruled him, upholding the principal's decision.
296
What are 3 points that suggest that the US Constitution safeguards rights well?
1. Many rights are enumerated, particularly in the Bill of Rights
2. SCOTUS has expanded some rights
3. Rights can be protected via federal law.
297
Example of rights being protected by federal law rather than by the Constitution?
There are no rights regarding people with disabilities in the US Constitution, however the 1990 Americans with Disabilities Act makes up for a lot of this.
298
What are 3 examples that show that the constitution sometimes fails to protect rights?
1. Social rights are not entrenched
2. US has some important rights not entrenched such as death penalty
3. Acts of Congress can easily be overturned.
299
What are 3 examples that show Walter has changed in the past week?
waltuh
300
How might checks and balances show the constitution impeding democracy and an example?
Checks and balances prevent one branch of government from having too much power, e.g. in 2017 the US judiciary was able to briefly stop President Trump's travel ban.
## Footnote
This can lead to gridlock, where the democratically elected President and Congress are left at the whims of an unelected judiciary.
301
How is the constitution compatible with democracy?
The elected legislature and executive branch leave government accountable to the people.
302
How does judicial review make the constitution incompatible with democracy?
The politicised US judiciary can become a legislative body.
303
Could the US constitution be "too" compatible with democracy?
Yes - there are biennial elections to the House and sexennial elections to the Senate.
304
What is the main way the US Constitution hinders democracy?
Electoral College.
305
How has the US Constitution become more democratic?
26th amendment, 19th amendment.
306
How is the amendment process undemocratic?
Smaller states e.g. Wyoming get disproportionate say in selecting amendments.
307
Example in voting that shows that federalism is still alive and well in the US?
States offer policy votes to citizens for state laws e.g. Measure 91 in Oregon which legalised cannabis in 2014.
308
Where is federalism upheld in the US Constitution?
309
Example that shows that federal government oversight into legislative affairs in states is increasing?
In 1979 the Department of Education and 2002 Department of Homeland Security set up.
310
What is the opposite of a block grant and how does it show federal government power increasing?
Categorical grants.
311
What is the commerce clause?
Congress has the enumerated power to "regulate commerce with foreign nations, and among the several States and with the Indian Tribes."
312
When has the commerce clause been used?
To regulate trade of scheduled drugs between states.
313
Argument in favour of the Great Compromise?
2045 - America will be majority non-white. It is a diverse country.
314
Why was the Electoral College set up? Why is this antiquated?
To translate votes into an outcome when not many people politically engaged.
## Footnote
There is a far higher political engagement.
315
Why do people want the Electoral College gone?
2000 and 2016 it failed.
316
Foreign policy pitfall of the US Constitution?
America hasn't formally been at war since 1945, surely this system can't be working properly.
317
Example of Senate advice and consent powers used appropriately?
Harriet Miers 2005 - had never served as a judge and lost her nomination to become SCOTUS judge.
318
Pros and cons of the short election cycle?
Holds politicians to account but also creates gridlock.
319
Example of constitutional failure on federalism?
The constitution has not stopped the power of the federal government growing.
320
Example of partisanship weaponizing checks and balances?
ACB confirmed 52-48 - only one Republican broke party lines.
321
Constitutional failure on the separation of powers?
SCOTUS too much power over legislation.
322
Principally, has the constitution ended up as the Founders intended?
No, Congress should be proactive and the President supervisory and not the other way around.
323
What is the caveat when evaluating the protection of rights in the US Constitution?
Remember SCOTUS decides most of this anyway.
324
What are 6 rights in the constitution?
1. 1A Right to Freedom of Speech, Religion, Expression
2. 2A Right to bear arms as part of a militia
3. 4A Right not to be subjected to unsolicited searches and seizures
4. 6A Right to a speedy, public and fair trial by jury
5. 7A Right to a jury in civil suits
6. 8A Right not to be subjected to cruel and unusual punishments.
325
What was the impact of Morse v Frederick?
School speech - the free speech of school students is limited in the US.
326
What are 4 arguments in favour of the idea that the Constitution protects rights well?
1. BoR enumerated
2. Judicial review has expanded rights in specific circumstances e.g. "cruel and unusual punishments"
3. Not all constitutional - some in law e.g. Americans with Disabilities Act 1990
4. Rights are subjective.
327
What is the jury in civil suits?
A jury is a group of citizens tasked with making a decision in a civil lawsuit.
328
What are 4 arguments in favor of the idea that the Constitution protects rights well?
1. Bill of Rights enumerated.
2. Judicial review has expanded rights in specific circumstances e.g. 'cruel and unusual punishments'.
3. Not all constitutional - some in law e.g. Americans with Disabilities Act 1990.
4. Rights are subjective.
329
What are 4 arguments that suggest the Constitution does not protect rights well?
1. Social rights not in the constitution.
2. SCOTUS interpretations change, creating insecurity.
3. Congressional rights insecure.
4. USA has some bizarre quirks e.g. keeps the death penalty.
330
What is an example of how the Constitution is flexible regarding rights?
9th Amendment - just because a right is not in the Constitution does not mean that the right is not given to the people.
## Footnote
E.g. after Dobbs v Jackson, 14 states have near or total abortion bans, 7 states ban abortion at 6 weeks and 4 have bans pending legal challenges.
331
Where is the process for electing the President, including the Electoral College, defined in the US Constitution?
Article 2 Section 1.
332
How did the 12th Amendment reform the Electoral College?
Electors used to cast two votes for President, and the candidate with the second most votes became VP. After this, votes for President and Vice President were split, preventing opponents from sharing an office.
## Footnote
No longer a check within the executive.
333
How does the Constitution explain how transfers of power took place?
20th Amendment - new Congress at 3rd January at noon, new President at 20th January at noon.
334
What does the 25th Amendment do?
Outline the process for the removal from office in case of Presidential incapacitation, resignation or removal.
335
What does the 25th Amendment stipulate about how a President can be disabled?
If the VP and a majority of the principal officers (cabinet secretaries) inform the President pro tempore of the Senate that the President is incapacitated, the VP takes charge.
## Footnote
If the POTUS vetoes this with their own written statement, the cabinet may veto again within 4 days. 21 days are then provided for Congress to decide the issue, and if the President loses a 2/3 vote (basically an impeachment) then the VP takes charge.
336
What is an example of gridlock?
2013 government shutdown - 16 days. GOP House refused to fund ACA in budget, and Democratic Senate refused diluted budget.
337
What are two things in Article 1 Section 8 that make it an elastic clause?
Emphasis on 'general welfare' as well as the laws 'necessary and proper'.
338
What are 2 things the Constitution doesn't account for in the lawmaking process?
1. Influence of lobbyists.
2. Campaign finance.
339
How many states is cannabis legal in and what does this show?
9 states.
## Footnote
Policy diversity.
340
What is the downside of federalism and policy diversity?
Jim Crow laws - not always good.
341
What is an example of how policy differences in devolution are different from those of federalism?
In 2017, Texas State Board of Education allowed students and teachers to cast doubt on evolutionary theory, while California does not have the same system.
## Footnote
UK would never permit substantial curriculum differences between the nations, only different examining techniques.
342
What is an example of how federalism is being eroded by federal grants?
36.7% of state budgets were federal grants in 2021, a new high, with much funding going to Medicaid.
## Footnote
Since 2000, 13 major block grant programs have seen their fundings cut by 27%. Much more emphasis on categorical grants, not block grants.
343
What is the opposite of a block grant?
Categorical grant.
344
What other clause, besides the elastic clause, is flexible?
Also Article 1 Section 8 is the commerce clause - used to ban drugs, but also set the individual mandate.
345
Can the US President veto an amendment?
No.
