3.2.1.1 The constitutional framework of US government Flashcards
(30 cards)
Philadelphia confederation
constitutional convention to address the problems of weak central government that central government that existed under articles of the constitution.
Constitutional rights
entrenched rights that apply to citizens of a country. The protections and liberties, guaranteed by the US constitution.
Seperation of powers
the division between the branches of government: the judiciary, executive and legislature
who are the founding fathers
John Adams, Samuel Adams, Benjamin Franklin, Alexander Hamilton, Patrick Henry, Thomas Jefferson, James Madison, John Marshall, George Mason, and George Washington.
Bill of Rights
spells out Americans rights in relation to their government.
how many amendments have been to the constitution
27
articles of confederation
established functions of national government after independence was declared from Britain.
federalism
a system in which the same territory is controlled by two levels of government.
decleration of independence
states the principles on which our government, and our identity as Americans, are based. Unlike the other founding documents, the Declaration of Independence is not legally binding, but it is powerful.
articles of confederation
The first constitution of the USA set up in 1781 after independence from the British in
1776.
why was the articles of confederation a failure
The ‘Shay rebellion’ in 1786, in attempt to change the law. This rebellion was a great success in demonstrating the need for a change of constitution.
Positves of the articles of confederation
- Attempts to prevent tyranny.
- Making a step forward into the future for the independence of the Country
- allowed for the expansion of america across
Problems with the articles of confederation
- Currency systems
- Taxation systems
- Tariffs between different states and other countries
- Congress vs States/Confederate vs federal
- Each state 1 vote was unfair on larger states.
- Leadership? – no presidential figure
- Judiciary? – which legal system would operate overall.
- Amendment process – there were no arrangements to amend the articles.
- Geographical distance between north and south
- Lack of communication
- Trade – rules between states and different countries
What did the founding fathers come up with in 1787 to replace the articles of confederation?
- Two plans were put forward, as discussed in congress, the Virginia plan, and the New Jersey Plan
- The original plan was for one parliament however it was decided that there would be a bicameral system.
- Each state is represented according to its population – house of representatives.
- Each state has two senators – senate - but can have more in the electoral college.
3 examples of what congress can do
- lay and collect taxes
- to the pay debts
- provide for common defence general welfare
3 examples of what congress cannot do
- no capitulation
- no tax or duty shall be laid on Articles exported from any state
- no money shall be drawn from the treasury
Positves of US constitution
- Outlines the structures of government – separation of powers, checks and balances are provided.
- Sets out of powers of key individuals.
- Sets out rules and roles of the states.
- Sets out rights in an entrenched constitution – found in the bill of rights.
- Sovereignty comes from within the constitution – leading to a stable state.
- Powers are constrained – preventing and elected dictatorship.
- Enough flexibility for amendments.
- Easily for judges to make decision based off constitutions – judicial review.
- Information found in one place.
Negatives of the US constituion
- Produced after the war of independence – so may reflect the time.
- Didn’t include all 50 states at time of production.
- Being entrenched makes them hard to change.
- Was not designed for the growing levels of power in US politics today.
- Produces a powerful and unelected supreme court.
- Still refers to slaves and native Americans – outdated, embedded racism in American institutions and culture.
- Some articles may have been taken out of context – so it’s open to interpretation.
- Written by elitist men
Why was the bill of rights introduced
appeased the anti-federalists in the 13 colonies, particularly those in the slave-owning states who were worried that a powerful nation al government would bring an end to slavery.
Why is the bill of rights still important today?
- It expands on the declaration of independence – “life, liberty and the pursuit of happiness”. These are very basic individual rights/freedoms.
- Places limits on the federal government’s powers
- Gives individuals certain rights that the government can’t take away unless it amends the constitution.
- Americans see the bill of rights as the glue which binds the nation together.
- Adherence to stress that government should be of, for and by the people
what was the founding fathers aim with the seperation of powers
- Limit the ability of the different branches to work together and expand their powers.
- Limit the ability of one branch to dominate another.
- Protect the principle of federalism.
- Protect the rights of the individual citizens.
- Deter the emergence of a monarch like figure.
Checks and balances
- Reinforces SoP.
- Each branch given responsibility for ensuring that the others used their powers appropriately.
- Act as a check on any attempts by another branch to exceed its powers.
- For this to work each system needs to be in proportion to one another.
- On occasion these checks have introduced competition between the branches and has reduced the likelihood of them cooperating to undermine the limitations on their political power.
Which Branch is the most powerful and why?
- executive - It can set taxes, raise armies, can declare war, can suspend habeas corpus, can impeach the president or judges, and can set laws touching the lives of every person in the nation.
what did Malbury vs Madison end in ?
it set a precedent that the Supreme Court could strike down a law passed by congress – the power of judicial review.
