US Constitution Flashcards
Explain how the content of the US Constitution is heavily influenced by the principle of limited government
Enumerated powers + separation of powers:
- Outlines powers of federal govt. in Article 1, Section 8 –> spec. limited + listed
- Separation of powers + checks & balances
– Clinton v City of New York
– Since Marbury v Madison Sup Court struck down 176 laws as unconstitutional
– Buckley v Valeo - spending limits unconstitutional
– Citizens United v FEC (2010) = preventing organisations from using their funds for political advertising violated 1st amendment freedom of speech
– Biden v. Nebraska
= Biden’s use of executive powers to cancel more than $400 million of student debt exceeded his authority
– 2016: Obama - use of exec. orders for imm. unconst.
Bill of rights:
- First 10 amendments emphasise protection of individual liberties: freedom of speech, religion - clear boundaries on govt. interference in citizens’ lives (unreasonable searches)
- Reflects concerns for limited govt. and individual liberties as a safeguard against abuses of power
–> 1st amendment:
– The Alien and Sedition Act (1798) = criminalised false statements against the govt - Virginia and Kentucky Resolutions argued they violated the 1st amendment
–> 2nd amendment (bear arms):
– U.S v Cruikshank (1876) = 2nd amendment had no purpose other than to restrict federal govt
– D.C. v Heller (2008) = guarantees individual right to possess firearms, not collective right of state
– McDonald v City of Chicago (2010) = 2nd amendment was an individual right
–> 5th (protection of due process & property rights)
– Miranda v Arizona case (1966) = established Miranda rights = ensured individuals aware of their right to remain silent
–> 6th (fair trial)
– Gideon v Wainwright = individuals accused of a crime have the right to legal rep.
Federalism:
= division of powers between the federal govt and the states –> 10th amendment reserves powers not delegated to federal to state / the people
– Madison argued that state governments retain authority “to judge whether the [Constitution] has been dangerously violated” by the federal govt
– Greg Abbott, governor of Texas, refused to comply with a request to remove floating barriers in the Rio Grande (“Texas will see you in court, Mr President” (to Biden))
– Ron DeSantis (Florida) signed a bill allowing the death penalty in child rape convictions despite the supreme court banning capital punishment in these cases
– 2021 = Merrick Garland, accused the state of interfering with the federal govt’s resp. to enforce immigration laws after Abbott empowered state troopers to stop vehicles carrying migrants on the basis that they could increase the spread of Covid-19.
– 2016 poll: 55% favoured state govt power, 37% federal govt power
‘Privacy isn’t adequately protected in the US’. Discuss
-
-
-
-
– Griswold v. Connecticut = found right to privacy
– Eisenstadt v. Baird (1972) = extended right to privacy for unmarried women for contraceptives
– Lawrence v Texas (2003) = Texas law banning consenting homosexual adults from engaging in sexual acts unconst. (right to privacy)
– Planned Parenthood v Casey = upheld right to abortion
– Carpenter v US (2018)= govt needs a warrant to access a person’s cellphone location history
‘The US Constitution is no longer relevant’. Discuss
‘The US Constitution is not fit for purpose’. Discuss
YES
✓ Lack of protection of rights
✓ Gridlock + partisanship
✓ Expansion of Sup Court’s power
✓ 2nd amendment
NO
✗ Protecting rights
✗ Bipartisanship
✗ Limited government
‘The States are more powerful than the Federal Government’. Discuss
/
‘Where does power lie in the US?’ - could include Pres in there as well but for sep question
YES
✓ Ratify amendments
✓ Accountability
✓
NO
✗ Ratify treaties
✗ Legislation
✗ Oversight
‘The death penalty should be abolished in the US’. DIsucss
YES
✓ Outdated + violate Constitution
✓ Lack of deterrence
✓ Racial disparity
NO
✗ Upkeeping with Constitution
✗ Public support
✗ Justice
Outdated + violate Constitution
– Furman v Georgia = violated the 8th amendment (no cruel/unusual pun) because evidence showed the death penalty was applied in discriminatory ways
– Trop v. Dulles = 8th amend. contained an “evolving standard of decency that marked the progress of a maturing society”
– Woodson v North Carolina = North Carolina’s mandatory death penalty for individuals convicted of first-degree murder violated 8th amend.
– 2002 and 2005, respectively, Sup Court ruled execution of the mentally impaired and those under 18 was unconstitutional
– Banned death penalty for rape (1977) + child rape (2008)
Lack of deterrence
– 2004: average murder rate (states used death penalty) =
5.71 per 100,000 v 4.02 per 100,000 (states that
didn’t use it)
– 10/12 states without d.p have homicide rates below national average, while 50% of the states with the death penalty have homicide rates above
– During last 20 years, homicide rate in states with the death penalty has been 48% - 101% higher than in states without the death penalty
– Poll = 63% death penalty does not deter people from committing serious crimes
Confusion
- Different states different laws - confusion
– John Engler (Michigan’s governor) = “We’re pretty proud of the fact that we don’t have the death penalty”
– Alabama · Arizona · Arkansas · California · Florida … have it
– Ron DeSatni signed a bill allowing death penalty for child rape convictions, even tho Sup Court said that wasn’t allowed
Upkeeping with Constitution
– Gregg v Georgia = didn’t violate 8th amendment
– Courts ruled lethal injections not “objectively intolerable”
– McCleskey v. Kemp = evidence of racial disparity in capital sentencing cases insufficient to establish an 8th amend. violation
Public support
– 66% Protestants support it
– 75% white evangelical protestants support it
– 73% white non-evangelical protestants support
– 68% those with a high school diploma or less support
– 63% white, 63% Asian, 56% Hispanic adults
Justice
- ‘Eye for an eye’
– Phyllis Loya (mother of police officer Larry Lasater killed in line of duty) = “I will live to see the execution of my son’s murderer. People [need] closure”
– Jason Johnson (father killed his mother) = “[I will go to see him executed] not to see him die [but] just to see my family actually have some closure”
‘Federal power is more effective than state power’. Discuss
