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US Politics > CONSTITUTION > Flashcards

CONSTITUTION Flashcards

1
Q

nature of the constitution

A

codified
entrenched
7 articles
1789
27 amendments

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2
Q

last amendment

A

1971 lower voting age to 18

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3
Q

what does article V do

A

entrenches the constitution, requires supermajority to change amendments

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4
Q

what is the bill of rights

A

first 10 amendments of the constitution (entrenched)

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5
Q

examples of bill of rights

A

freedom of speech
freedom of religion
right to bear arms

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6
Q

what is vagueness of the constitution caused by

A

implied powers (suggested)

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7
Q

positives of the nature

A

clarity - seperation of poweres to prevent tyranny

simplicity- citizens aware of their rights

entrenched- protects intentions of founding fathers

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8
Q

negatives of its nature

A

unclear extent of a fed govt- power has expanded

vagueness- leaves a lot to interpretation (politicised SC worsens this)

entrenchment- difficulty to ammend

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9
Q

what does article I do

A

grants powers to congress and outlines the election process for each chamber

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10
Q

what does article II do

A

grants power to president and VP, both elected by electoral college system

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11
Q

what does article III do

A

grants judicial power to the supreme court - they are appointed by the president

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12
Q

Federalism - effectiveness

A

each state has own govt with 3 branches
have power to ratify amendments
protections, rights, taxes can differ between states

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13
Q

Federalism- no effective

A

given powers are vaguesst part to constitution
most states dont have year round legislatures
congress can issue mandates that state govts must follow

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14
Q

which amendments gives the states all the powers not given to fed govt

A

the 10th amendment

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15
Q

powers of congress

A

powers of the purse
pass laws
declare war
override president veto
impeach

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16
Q

powers of executive

A

veto legislation
commander in chief
appoint judicial candidates

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17
Q

powers of judiciary

A

declair legislation unconstitutional
judicial review
interpret constitution

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18
Q

bipartisanship

A

lack of co ordination between two parties

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19
Q

example of bipartinsanship

A

repeal of bill ‘dont ask dont tell’ Obama

20
Q

how is the govt limited

A

seperation of powers limits fed govt
codifcation prevents govt proposing their will on citizens
bill of rights by protecting citizens rights

21
Q

criticism of seperation of powers

A

use of executive orders concentrates powers

judges can owe patronage to the president and inadequately check bills a s a result

22
Q

how does the constituion limit govt

A

seperation of powers
entremchment
Bill of Rights

23
Q

what are the state powers

A

ratify amendmentas to the constitution
conduct electio s
issue licenses for marriages

24
Q

what are shared powers

A

levying yaxes

25
Q

which section of the constitution sets out the implied powers

A

article I section 8

26
Q

judicial checks on exec

A

declare acts of president unconstitutional
they serve for life so cannot be dismissed by subsequent presidents

27
Q

judicial checks on congress

A

declare acts uncnstitutional
cannt be removed by a congressional vote

28
Q

legislative checks on exec

A

overriding a veto
must confirm appointents o judiciary3
impeachment
must approve foreign treaties
power to declare war

29
Q

legislative checks on judiciary

A

pass new laws to get around court rulings
increase size of congress
impeachment

30
Q

exec checks on legislative

A

veto legislation
exec orders
initiate military action as CIC

31
Q

exec chekcs on judiciary

A

issues pardons
confirms and makes all judicial appointments

32
Q

congress override example

A

in 2021 congress overrode trumps veto of a defence spending bill

33
Q

congress confirmation of judicial appointment example

A

1987 rejected raegans nominationof Bork as a SC justice

34
Q

congress approving military action example

A

2002 congress allowed bush to take military action in iraq

35
Q

president veto example

A

trump vetoed a resloution to end the declaration of national emergency on the US-Mexico boarder declared a few months ago

36
Q

impeachment example

A

the senate failed to impeach trump in 2019 and 2021
nixon went under impeachment trials in 1978

37
Q

ratifying foreign treaties example

A

nuclear deal with iran in 2015 was made by obama without congressional approval
in 2018 trump withdrew american from the deal again with congressional apporval

38
Q

striking down unconstituional laws example

A

started with madison v marbury 1803

In 1913, the Thirteenth Amendment permitted a federal income tax following an earlier Supreme Court case (Pollock v Farmers’ Loan & Trust Co.) that declared federal income tax unconstitutional.

39
Q

life tenure od judges example

A

FDR tried to pack down in 1930s when it struck down his New deal policy but was not backed by congress

40
Q

disadvantages of federalism - clashing policy

A

fed law prohibits cultivation and sale of marijuana but california state govt legalise dit

41
Q

power shifted to centreal govt?

A

after 1930s and FDR New Deal

42
Q

amendment process

A

require 2/3 majority in both houses of congres and a ratification from 3/4 of all 50 states

43
Q

failed amendment example

A

Equal Rights Amendment passed through congress but not ratified in time (1982)

44
Q

crticisims of the constitution

A
  • too difficult to amend - does not keep up with changin societel views
    -some powers conflict between fed and state policy e.g foreign policy
    -not all rights are equally protected
    -too much political power is granted to the unelected supreme court
    -
45
Q

advantages of the consitituion

A

stability and continuity
lack of precisiion allows for new interpretation
overlap of powers should allow for cooperation of the branches and more productive government

US Politics (15 decks)

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