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A Level Politics: Paper 3 > US Constitution + Federalism > Flashcards

US Constitution + Federalism Flashcards

1
Q

What is the US constitution?

A

The basis of all government in the USA and the supreme law of the land

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2
Q

Structure of the US constitution

A

7 articles and 27 amendements
First 10 amendments, ratified in 1791, know as the Bill of Rights

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3
Q

What type of constitution is the US constitution

A

It is codified - meaning it’s all written in one document
Created by ‘Founding Fathers during War of Independence from Britain
Ratified in 1788 and came into force 1789
It is also entrenched - can’t be changed without a supermajority (2/3rds of votes in Congress)

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4
Q

What are the Bill of Rights?

A

List entrenched rights -> protected by the Constitution and cannot be changed on a legislative whim

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5
Q

What does Article V do?

A

Entrenches the US constitution, requiring a supermajority to change amendments or a 3/4 majority in a ratifying convention of the states

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6
Q

Enumerated powers

A

Explicity given to a branch of government
Set out in Article , section 8
Include power to tax citizens and soend this money and the power to issue currency

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7
Q

Implied powers

A

Suggested or required for enumerated powers to be used
Article I, Section 8, Clause 8 gives Congress power to make all laws ‘necessary and proper’ for its ability to rule
These powers grown since the constituion was written, allowing Congress to make laws concerning matters not mentioned in the Constitution i.e. an implied power of Congress is the regulation of the sale of substances, and the banning of other substances (some drugs)

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8
Q

Pros of the nature of the constitution

A
  • Simple - codified constitution so all citizens know their rights
  • Vaguness - can be adpated to modern world as it can be interpreted differently
  • Clarity - seperation of powers between 3 branches of government, preventing too much power in one group
  • Entrenched - protects thoughts of Founding Fathers and prevents populist movements from making drastic or poorly though out changes
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9
Q

Cons of the nature of the Constitution

A
  • Difficult to amend due to entrenched nature
  • Vagueness - leaves alot to interpretation which the Supreme Court has the final say on -> gives justices a lot of power -> US judiciary politicised and not impartial making this concerning
  • Conflict due to vaguness
  • Extent of federal government is unclear - ‘Necessary and proper’ clause states Congress can “make all laws which shall be necessary and proper into execution the foregoing powers.” -> led to power of Federal Government expanding -> led to conflicts between states and Federal Government
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10
Q

Article I

A

Grants all legislative powers to Congress
Outlines the election process for each chamber of Congress and the powers allocated too them
HoR - elected every two years, each state has min. 1 representative and the representatives of each state based on population size
The Senate - serve 6 year terms, elections every 2 years on 1/3 of senatoes, 2 senators per state (100 senators)

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11
Q

Articl II

A

Grants executive power to a President who sits for a term of 4 years, alongside their Vice-President
Elected via system known as the electoral college

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12
Q

Artcile III

A

Grants judicial power to the supreme court and an smaller court
No term limit for judges
Supreme Judges appoint by President and approved by Congress

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13
Q

Article IV

A

Sets out rules and relationships between states
All states have to respect rules of ther states
All citizens should be treated equally and fairly in all other states
The rules for the admittance of other states is outlined
All states have Republican Governments rather than a King or gentry

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14
Q

Article V

A

Sets out process to amend the Constitution -> need formal support of 3/4 of states and supermajority in both chambers of Congress -> can also be through a Constitutional Convention where amendments are proposed, and amendments are then ratified by 3/4 of state legislatures

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15
Q

Artcile VI

A

Contains the ‘supremacy clause’ which makes the constitution the highets law in the USa
Also says “no religious test shall ever be required as a qualification” for public office

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16
Q

Article VII

A

Outlines the ratification process for the Constituion to be put into place

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17
Q

The Amendment Process

A

Supermajority in both houses of Congress have to vote to introduce an amendment, or 2/3 of states can call a Constitutional Convention to propose amendments
Amendents require the ratification of 3/4 of states

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18
Q

Famous amendments in the Bill of Rights (1st, 2nd, 4th, 6th, 8th, 10th)

A

1st - freedom of speech/religion
2nd - bear arms
4th - right to not have “unreasonable searches and seizures
6th - right to a fair trial
8th - no cruel or unusual punishments
10th - power not granted ot federal government is granted to states and people

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19
Q

Other famous amendments (13th, 14th, 15th, 19th, 22nd, 26th)

A

13th, 14th, 15th passed after civil war, abolishing slaves and civil rights ot ex-slaves
19th - gave women the vote
22nd - President can have max two terms in office
26th - voting age from 2 to 18

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20
Q

Pros of amendment process

A
  • Protetects small states’ rights -> smaller populated states protect their rights against larger states -> one of main reasons for electoral college
  • Hard for any one group or populist movement to amend it i.e. Trump tweeted he could end birthright citizenship, protected by the 14th amendment, with an executive order. He couldn’t as amendments passed must be decided by the whole country
    Protects principles of Founding Fathers i.e. regular elections and seperation of powers
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21
Q

Cons of the amendment process

A
  • States have changing populations -> small states have same say as larger states -> Wyomming = 357,000 people, California = 39.5m people -> both have equal say in ratification process -> makes some states overrepresented and some underrepresented
  • Undemocratic - 13 states can block the will of the people i.e. Feminist groups trying to introduce an Equal Rights Amendment since 1921 -> supermajority in Senate in 1972 and in HoR in 1971 -> was blocked by a small group of conservative states refusing to ratify the amendment
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22
Q

Federalism in the US constitution

A

Power is divided between the federal government (central government) and state governments
Articles I - IV set out powers of the states and the federal government
10th amendment gives all power not given to the federal government in the constitution to the states or the people, forbiding the federal government in ways not allowed by the constitution

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23
Q

Federalism is effective

A
  • Each state has 3 branches of government - Governor (executive), State Congress (legislature and Supreme Court - and can legislate on a wide variety of matters
  • State have the power to ratify amendments to the constitution and so have the power to change the foundational document on whihc all US law is based
  • Protections, rights and some taxes are different in many states i.e. Oregon doesn’t have a state tax
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24
Q

Federalism is ineffective

A
  • Power given to states versus to the federal government is vaguest in the whole constitution -> power of federal government have expanded significantly
  • Most states don’t have year-round legislatures -> can’t create law year-round like Congress
  • Congress can issue state mandates that state government have to follow
25
Q

Seperation of powers

A

Idea no one branch of government should have too much power - influenced by John Locke
Checks + balances to ensure this
3 branches of government are seperate i.e when Obama and Biden became President and Vice-President they had to give up their seats in the Senate

26
Q

Checks and balances

A

Powers given to each branch of government to check other branches decisions and actions they make
Checks + balances often exclusive powers of one branch
Enures no branch acts with unchecked power and prevents too much power in one branch - helps avoid a despotic government i.e. President appoints justices but has to be approved by the Senate

27
Q

Checks and Balances for each branch

A

Executive - can veto a law a law made by Congress, executive orders and executive appointments
Congress - power of the purse, can declare war, override a veto with a supermajority and give ‘advice and consent’ on executive appointments
Supreme Court - declare laws and executive actions as unconstitutional i.e. stopped Trump’s travel ban in 2017

28
Q

Seperation of powers is effective

A
  • Executive orders can be nullified by Congress -> congressional laws more significant than executive orders
  • Supreme Court can strike down laws as unconstitutional -> power never been changed or hindered
  • Recent attempts by the executive to change the structure of the Supreme Court in order to pass legislation has been blocked by Congress
  • President unable to fire judges and very few have been impeached
29
Q

Seperation of powers isn’t effective

A
  • President = de facto leader of their party -> has power over their legislative agenda
  • Makes legislation slow as gridlock is common
  • Increased use of executive orders has bypassed the legislative process of Congress, concentrating power in the hands of the executive
  • Nature of appointment process for the judicial branch means seperation of powers is not alway effective i.e. Preident can appoint judges for political gain, if one part jas a majority in the Senate, they can deny a nomination or refuse to hold confirmaiton hearings -> the Senate under majority leader Mitch McConnell in 2016 refused to hold confirmation hearings for Obama’s nominee Merrick Garland, judges of with political views may not adequately check the actions of an executive they support
  • Checks and balances slows down law making process if opposing parties in different branches of government
30
Q

Bipartisanship

A

No mention of political parties in US constitution so due to seperation of powers it is important for different groups to work to together.
Need for supermajorities ot pass amendments or overturn a veto requires a compromise between different parties as it is rare one group to have such a large majority

31
Q

Bipartisanship is effective

A
  • Hisortical examples: 1960s unfer Lyndon B. Johnson (Democrat) and the Republicans, 1980s under Reagan (Republican) and Democrats
  • Little bipartisanship under Obama but in 2010 “Don’t ask, Don’t tell” was repealed by a bill sponsored by a group from both parties and supported by a group of Republicans who voted with the Democrats
32
Q

Bipartisanship isn’t effective

A
  • When there is a divided government
  • Parties are polarised now -> less compromise -> less legislation and even temporary government shut down
  • This ‘political evil’ was feared by John Adams one of the Founding Fathers
33
Q

Limited government

A

Key principle of a liberal democracy and importatn to Founding Fathers who believed too much power in one person/groups hand was dangerous

34
Q

How the government is limited

A

Checks + balances and seperartion of powers
Codified + entrenched constitution stops government from imposing their will on the citizens
Bill of Rights protects individual and state rights

35
Q

Limted government is effective

A
  • Supreme Court struck down legislation that imposes rights of citizens in the Bill of Rights
  • Checks and balances and divided government prevents/divides reforms by the Democats that would expand the power of the federal government
36
Q

Limited government isn’t effective

A
  • Conservatives and libertarians argue the government has gotten ‘too big’ as it has expanded its role in economic and social policy -> want limit government’s role in these areas especially welfare, and many also argue that the federal government has grown too large and has more power over the states than the Founding fathers intended
37
Q

Federalism in the US

A

Federal government makes laws that apply to all of the states, territories and the District of Columbia (where Washington DC is) and 50 states with indiviual governments

38
Q

State governments

A

50 states with a government containing a legilsature, judiciary and executive
Executive branh - a governor is elected democratically. Responsible for implemation of state laws and running the executive branch
Many cities/towns have elected governments

39
Q

Individual states

A

States have different histories, politics and cultures
States incorporated into the union at different times - originally 13 now 50
States rights keeps the indiviual culture and histories of the States alive meaning each of the 50 states continuento haev different characteristics

40
Q

Dual Federalism

A

Period between the founding of the USA (1780) up until 1920s and 1930s
States had strong rights -> President + fed. govt. had less power
Government had power that was clearly defined and limited

41
Q

Cooperatice Federalism

A

Between 1930s and 1960s
Fed. Govt’s. power over states increased -> new executive departments were created that had power over specific things i.e. defence and transportation
Grants with specific purposes were increased, which specified what the money had to be spent on

42
Q

New Federalism

A

1970s to 1990s
Power back to states i.e. ‘block grants’ given to states which have no designated purpose - states can do what they want with them
Republican Presidents mostly responsible

43
Q

Federalism under Obama

A

Fed. Govt’s. power increased
Healthcare example of this -> changed way people purchased health insurance and mandating all indivuals bought it - used to be down to states
States allowed to chose their own policy directions i.e. legalisation of cannabis in some states but only when this suited the aims of the Obama administration

44
Q

States powers

A

Exclusive powers held by states which are ‘reserved’ -> have reserved right to issue licenses to marriages
Can ratify amendments to the Constitution
Conduct elections
Tend to have more power over day-today lives of residents

45
Q

Fed. Govt. powers

A

Print money + declare war
Have increased power from 1920s and 1930s onwards
Has ‘implied’ powers granted by Article I, Section 8 of the Constitution (“necessary and proper” clause)
Chooses how much power it has over states

46
Q

Shared powers

A

Shared between fed. govt. and sates i.e. both can levy taxes

47
Q

Democracy in the Constitution

A

Regular elections -> gives citizens control over their government
Every 2 yrs for HoR, every 4 for a President and every 6 for Senators
Gurantees regular transfer of power which is important for democracy i.e. 2018 - people unhappy with Republicans -> Democrats won a majority in 2018

48
Q

Judicial Review

A

Supreme Court can limit actions of the Executive and Legislature
However, was not in constitution so can decide how they go about it themselves

49
Q

Democratic ideals and representation 2

A

Constitution ensures the US will have a system of representatice government and puts power in the hands of the people, ensuring government is done with consent from below

50
Q

Electoral college 2

A

Number of electoral college cotes for each state is not proporional to present day populations -> smaller states get larger say in Presidential election-> Wyomming have fewer people per electoral college compared to states like California -> means votes count differently in the electoral college system, which isn’t fully democratic

51
Q

Electoral college

A

Constitution says it is to be used in Presidential elections
Gives different number of electoral college cotes to each states and gurantees smaller states have power in the election

52
Q

Democratic ideals and representation 1

A

Constitution enshrines ideas of democracy and individual liberty as being important for the nation and the individuals living there
Constitution and its amendments set out rights and freedoms of individuals and has been expanded to allow more people to be represented in government -> ideals can’t be change due to entrenchment
Ideals outiline in the Preamble, which says the Constitution is put in place in order to “form a more perfect Union” and “establish justice”

53
Q

Vagueness of the Constitution

A

Can be changed and interpreted differently according to needs of the present day i.e. “necessary and proper” clause allows fed. govt. to make laws that they believe are important for the continued proper running of government, like healthcare and welfare bills
Some lawmakers and judges wish to follow the constitution as it was written -> limits rights of some people not represented in original constitution (LGBTQ+ and women)

54
Q

Suffrage

A

Amendments to the constitution, like the 19th, increased number of people eligible to vote -> makes US more democratic and results of elections better represent wishes of the people

55
Q

Judicial review

A

Supreme Court checks and balances on executive + legislature
Nominations for SC politicised -> justiced may not be neutral and make political decisions that impact groups in the US -> Trump wanted to appoint judges that disagreed with Roe Vs Wade

56
Q

Strengths of democracy

A
  • Amendment process makes any changes have consent from democractically elected representatives and state government
  • Seperation of powers limit power of a person/group to prevent tyranny and despotism
  • Frequent elections -> regular transfer of power + opportunity for people to vote
  • Constitution enshrines democratic ideals and was one of the first to do so
57
Q

Weakness of democracy

A
  • Electoral college doesn’t give equal representation to all voters
  • Vaguness -> allows executive + legislature to make laws that haven’t been consented to by the public
  • Constitution doesn’t account for other factors that may influence the decision making process (lobbyists) and the difficulties of campaign finance
  • Amendment process allows small states block the will of many states
58
Q

US does remain federal

A
  • Constitution gurantees dederal processes will take place in America and means that states have rights - due to 10th amendment
  • All states have own govt. + constitutions which operate differently from fed. govt
  • States can act as labs of democracy and policy by testing out new policies, democratic processes and regulations which can be expanded to the rest of the nation -> abortion restrictions have been upheld as consitiutional and so similar laws have been put in place in other states
  • States have high amount of control over their lawmaking and actions of their citizens -> cannabis legal in 9 states + Washington DC
  • Citizens get a degree of control over the policies of their states, which can tailor for the policies of each state to the desires of its citizens -> at elections, abllot measures are put up for citizens to vote on such as raising the min wage and (before 2015) the legilisation of gay marriage
  • States have high control on social policy - no standardised curriculm or assessment criteria for education despire efforts to do so
59
Q

US doesn’t remain federal

A
  • Increased fed. govt. power due to more departments and posts in the cabinet -> more power over aspects of life previously left to states -> the Deparment of Homeland Security created in 2002 and the Departments for Education created in 1979
  • The commerce clasue of the constitution gives Congress the enumeratd power “to regulate commerce with foreign nations, and among the several states, and Indian Tribes.” -> used to make several drugs illegal, used to argue that it was legal to mandate that all citizens purchase health insurance
  • More cases to SC rather than state SC or federal courts
  • Fed, govt, can issue categprised grants whihc must go to a specific purpose, restricting the ability of states to make policy
  • Constitution allows Congress to enact all “necessary and proper” laws whihc gives it powers beyond the scope of the constitution -> can limit the ability of states to make their own laws

A Level Politics: Paper 3 (3 decks)

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