the constitution and federalism

Question 1

Constitution

Answer 1

Written 1787, ratifies 1791

Question 2

declaration of independence

Answer 2

July 4th 1776

Question 3

Articles of Confederation

Answer 3

A set of rules drawn up in 1781 as an attempt to draft the first constitution of the USA. Failure can be seen by shays rebellion. failed because of The call for a Confederacy, Economic disorganisation, Each state had one vote

Question 4

summary of the constitution

Answer 4

 Article 1: how congress would work
 Article 2: the presidents role
 Article 3: how the judiciary role is divided
 Article 4: judiciary role and requirements regarding the states
 Article 5: how the constitution can be amended
 Article 6: each state is bound to comply with treaties.
 Article 7: upon ratification the constitution is above all state law.

Question 5

First amendment

Answer 5

freedom of religion, speech, assembly and petition.
Texas V Johnson 1989: Supreme Court ruled 5-4 that burning the American flag was protected as free speech, after Johnson was charged with violating Texas law.

Question 6

Second amendment

Answer 6

“a well regulated militia, being necessary to the security of a Free State, the right of people to keep and bear arms shall not be infringed” United States V Miller 1939: Supreme Court upheld the National Firearms Act which required the registration of sword of shotguns. Argued that as these guns are not ordinary military equipment they are not protected by the 2nd amendment.
DC V Heller 2008 Supreme Court ruled 5-4 that a law banning handguns in Washington DC was unconstitutional under the Second Amendment.

Question 7

6th amendment

Answer 7

Establishes the rights of someone accused of a crime, for instance the right warfare speedy trial.
Duncan v Louisiana 1968: Gary Duncan, a 19 year old African American was arrested and charged with battery for slapping a white youth. Under Louisiana law, this misdemeanour did not require trial by jury and he was given a 60 day sentence in $150.00 fine. The Supreme Court ruled that this violated his right to a jury trial

Question 7

7th amendment

Answer 7

Right to a trial by jury in most civil cases.
Tull v United states: the federal government sued Tull, a property developer for violating the Clean Water Act. Tull asked for a trial by jury but was denied and the Supreme Court ruled that while a judge alone could determine the fine Tull faced a jury to decide his guilt

Question 7

8th amendment

Answer 7

Freedom from excessive jail, excessive fines and cruel and unusual punishment.
Coker v Georgia 1977: the Supreme Court ruled that Georgia could not apply the death penalty for those convicted of rape. As only a few states had passed such laws making the sentence “cruel and unusual punishment”.

Question 8

10th amendment

Answer 8

“the powers not delegated to the United states by the constitution, no prohibited by it to the states, are reserved to the states retrospectively, or the people”. A reminder that the federal government’s powers are limited to those given in the constitution.
Printz v Unites States 1997: the Brandy handgun violence prevention act required local authorities to perform background cheques on people buying firearms. The Supreme Court argued this violated the 10th amendment as the federal government cannot force the states to enforce a federal law.

Question 9

Presidents power over congress and where is this established in the constitution

Answer 9

• Article II, Section 3; “(the president) shall from time to time give to the Congress information on the state of union”. State of union address: in late January or early February of every year- reports on legislation they want passed. They are unable to vote but can veto, but this can be overridden by 2/3

Question 10

When has a presidential veto been overturned?

Answer 10

• In 2008, president George W Bush vetoed the medical improvements for patients and providers Act 2008. However the House of Representatives voted 383 to 41 and the Senate voted 70 to 26 to overturn the veto, meaning the bill passed without presidential support.

Question 11

What key power is given to congress in article one?

Answer 11

• Article one states: “no money shall be drawn from the treasury, put inconsequence of appropriations made by law”. This means congress has the power of the purse.

Question 12

When was the power of purse effective for lobbying the executive branch (war)?

Answer 12

The foreign assistance act of 1974 cut all military funding for the government of South Vietnam effectively forcing an end to the Vietnam War- which the executive branch had long been delaying.

Question 13

In what case did the supreme court declare income tax unconstitutional, and what did congress pass in return?

Answer 13

supreme court declared federal income tax to be unconstitutional in the case Pollock v Farmers Loan & Trust co 1895. So, congress passed the 16th amendment giving congress the power to impose direct income taxes.

Question 14

Congresses power of impeachment

Answer 14

In the House of Representatives A majority vote is needed to impeach or formally accuse the president. The Senate then holds a trial and a supermajority can remove the president.

Question 15

Example of a president being impeached?

Answer 15

Bill Clinton was impeached by the House of Representatives in 1998 for perjury and obstruction of justice. Centred on the claim that the president had lied when testifying in the “Lewinsky scandal”. All Senate Democrats and 10 Senate Republicans voted to acquit Clinton of all charges.

Question 16

Checks and balances on war powers as provided by the constitution?

Answer 16

the president acts as the “commander in chief” of the armed forces. Congress has the power to declare war, however the last time was formally declared was World War 2.

Question 17

Checks and balances on treaty powers as provided by the constitution?

Answer 17

the president represents the nation internationally and negotiates treaties, but these treaties must be ratified by a 2/3 super majority in the Senate.

Question 18

The constitution on the enumerated powers?

Answer 18

• Article one Section 8 of the constitution contains the enumerated powers (the listed powers).
• Theoretically, the power of the federal government should be limited to the powers specifically mentioned in the US constitution.
• Therefore, any other powers should be reserved for the states and are therefore referred too as the reserved powers: “the powers not delegated to the United states by the constitution, no prohibited by it to the states are reserved to the states respectively or to the people”.

Question 19

Concurrent powers

Answer 19

• Powers belonging to both federal and state governments.
• Things such as: levying and collecting taxes, borrowing money, establishing courts and defining crimes and setting punishments.

Question 20

Prohibited/denied powers

Answer 20

federal government couldn’t: prohibit the importation of slaves until 1808, cannot suspend habeas corpus, cannot tax goods exported by states, limited power to directly tax the people.
state governments can’t: Enter into any treaty, alliance or confederation, cannot coin money, cannot tax imports or exports.

Question 21

Article 6 clause 2- The Supremacy Clause

Answer 21

“this constitution, and the laws of the United States which shall be made impartial and’s thereof; and all treaties made, or which shall be made under the authority of the United states, shall be the supreme law of the land”

Question 22

The implied powers of the constitution:

Answer 22

• Article one Section 8 -necessary and proper clause: “to make all laws which shall be necessary and proper for carrying into execution by the foregoing powers” (enumerated powers).
• McCulloch v Maryland 1819- a law in Maryland requires the bank of the united states to pay a tax which it refused to pay. The supreme court argued that it was necessary and proper for Congress to establish a National Bank .

Question 23

The elastic clause and federalism

Answer 23

• The elastic clause had been particularly used to stretch Congress’s power over commerce- article one Section 8-the Commerce Clause says “to regulate commerce with foreign nations, and among the several states and with the Indian tribes.”- this implies that Congress has the power to set a minimum wage, ect.

Question 24

Horizontal federalism

Answer 24

Article IV, Section 1-Full faith and credit clause: “full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state.”
- Meaning in practise that every state should recognise the judicial proceedings of another state.

Question 25

Duel Federalism 1789-1937

Answer 25

the federal governments and state governments operated in very separate spheres, rarely overlapping in their responsibilities. The constitution delegated specific powers and responsibilities to the federal government and reserved other powers to the states. Also known as layer cake federalism.

Question 26

Co-operative federalism 1937-1960s.

Answer 26

Before 1930, most Americans had little contact with the federal government, yet by the end of the 1930s around 35% of the population received some kind of federal benefit. This was because of 1929, by 1933 25% of Americans were unemployed and homeless.

Question 27

Roosevelt and co-operative/marble cake federalism

Answer 27

Roosevelt aimed to collect taxes (as legalised by the 16th amendment) and spend this money on large projects on welfare creating jobs and improving infrastructure. Some projects and acts were seen as going beyond the federal governments powers and the commerce clause: the national industrial recovery act 1933

Question 28

“Regulated/ Coercive federalism” 1960s-1980s”

Answer 28

20th century the supreme court became much more comfortable with challenging the 10th amendment and challenging the states and it began to interpret the powers of the federal government much more broadly. Seen in 1954 Brown v Board of education.
Southern state sold these federal rulings as undermining state sovereignty, and in 1957 the governor of Arkansas ordered the state’s National Guard to block black students from entering a school.

Question 29

New federalism
1980S-2000

Answer 29

Republicans began to resent the growing power, including president Nixon, and Ragan, who claimed people needed to be reminded that the states created the federal government and government is not the solution. There was increased revenue sharing and block grants- that gave states more control and flexibility. Clinton famously claimed “the era of big government is over”.

Question 30

Example of state using funding to effectively expand federal powers

Answer 30

In 1984 Congress wanted to introduce a new national minimum drinking age act however they did not have the constitutional power . Instead, they increased Highway funds to states under the condition that if states allowed people under the age of 21 to drink they would cut their funds by 10%. In the case South Dakota v Dole 1987 the Supreme Court ruled it was constitutional.

Question 31

Federalism under Obama

Answer 31

The states children health insurance programme gave states some flexibility over requirements. Massive increase in money to states from federal budget e.g., $20 billion in 2003 to $246 billion in 2009
Provides states with greater control over issues previously reserved for the federal government. American recovery and reinvestment Act 2009-set aside $787 billion stimulus.

Question 32

How many amendments have been made and when was the last one?

Answer 32

there are only 27 amendments to the constitution. The last amendment to be successfully ratified was in 1992. Despite there being few in numbers many of these amendments were incredibly significant with broad consequences.

Question 33

What amendments have failed?

Answer 33

A human life amendment was proposed in 1973, a death penalty abolition amendment was proposed in 1992, a federal marriage amendment was proposed in 2003 and a school amendment was proposed in 2003-these all failed.

Question 34

How do you amend the constitution?

Answer 34

To propose an amendment it must have a 2/3 super majority in the House of Representatives and the Senate or 2/3 of state legislatures call for National Convention to propose amendments (this has never been used). Amendments must then be ratified by at least 3/4 of state legislatures or 3/4 of state ratifying conventions specially held in each state.

Question 35

Which amendment was repealed?

Answer 35

The 18th amendment 1919 initiated prohibition and it was repealed by the 21st amendment in 1933.

Question 36

Population and states when the constitution was written compared to now?

Answer 36

When the constitution was written there were only 13 States and 3 million people yet today there are 50 States and 319 million people yet the flexibility of the constitution means that it still works in these hugely different conditions.

Question 37

Example of old amendments being applied to the modern day

Answer 37

the 4th amendment which ensures a person’s right to privacy and unreasonable searches without warrants was used in the case Riley V California 2014 to say the a warrant was needed to search the contents of a smartphone.

Question 38

Many Supreme Court justices have argued it should be treated as a living document As society’s views develop, so to can the constitution, where can this be seen?

Answer 38

the change in the courts attitude in the case Plessy V Ferguson 1898 to the case brown V board of education 1954.

Question 39

Example of a powerful US constitutional convention?

Answer 39

The supreme court’s power of judicial review is not actually mentioned in the US constitution, but convention was set after the marbury V Madison case 1803.

Question 40

The importance of these constitutional conventions can be seen by what happens when they are broken, what is an example of this?

Answer 40

When George Washington refused to run for a third time as president he established a convention for a two term limit. Roosevelt broke this convention when he unsuccessfully ran for a third time in 1912 and Franklin D Rooseveltabout became the first person to be elected president for a third time in 1940. With the unwritten rule now not being followed the states And ratified the 22nd amendment in 1951 which imposed a 2 term limit.