Constitution

Question 1

When was the initial constitutional convention established?

Answer 1

1787 but agreed to by 9/13 states

Question 2

What form of government did it put forward?

Answer 2

Representative; not specifically democratic

Question 3

What was a criticism of the constitution relating to representation?

Answer 3

Fear of mass democracy
Founding fathers’ demographic

Question 4

What was the purpose of strict checks and balances?

Answer 4

Suspicion of strong centralized authority

Question 5

What did Montesquieu argue?

Answer 5

State should be separated into three sectors
One person shouldn’t be allowed in more than one branch

Question 6

What is the difference between US and UK administration/civil service?

Answer 6

UK is non partisan, US is partisan and changes each election if president changes

Question 7

Which branch of government isn’t included in the constitution?

Answer 7

Judiciary

Question 8

How often is the Senate elected?

Answer 8

Every 2 years a third is elected

Question 9

How many amendments have there been in total?

Answer 9

33 accepted, 27 adopted by the states in practice

Question 10

How does the Supreme Court contribute to amending the constitution?

Answer 10

Interpretation can mean different outcomes for parts of the constitution

Question 11

When was judicial review established?

Answer 11

Marbury vs Madison 1803

Question 12

What were the first ten amendments?

Answer 12

Bill of Rights

Question 13

Which branch has no say in constitutional amendments?

Answer 13

President

Question 14

How did the constitution aid desegregation groups?

Answer 14

NAACP vs Alabama 1958
Supreme Court ruled NAACP had first amendment right to not give member lists

Question 15

Which article initially outlined provision for amendments?

Answer 15

Article five
Need confirmation from all the states

Question 16

What two methods can be used to propose an amendment?

Answer 16

2/3 majority in both houses of congress

2/3 of state legislatures call for an amendment

Question 17

How do amendments need to be ratified?

Answer 17

3/4 of state legislatures need to confirm it

Question 18

What is one example of a Supreme Court ruling regarding the first amendment?

Answer 18

Texas v Johnson 1989

5-4 ruling protecting burning the flag

Question 19

How can the second amendment be interpreted in different ways?

Answer 19

Could be said to protect right to form militias, not to hold guns

Question 20

What are some examples of SC court decisions protecting and diminishing the second amendment?

Answer 20

US v Miller 1939 - required registration of sawn off shotguns

DC v Heller 2008 - banning handguns in DC was unconstitutional

Question 21

When was the fourth amendment used in Supreme Court?

Answer 21

Katz v US 1967

Conviction of gambling rejected since he was recorded without probable cause

Question 22

What does the fifth amendment provision?

Answer 22

People must be convicted by a jury before being taken to court

Cannot be tried twice

Question 23

When was the sixth amendment used?

Answer 23

Duncan v Louisiana 1968

Arrested and charged for battery after slapping a duck
Was charged without jury which was ruled unconstitutional

Question 24

When was the eighth amendment used to avoid “cruel punishment”?

Answer 24

Coker v Georgia 1977

Couldn’t give death penalty for rape since seen as excessive

Question 25

When was the ninth amendment first invoked?

Answer 25

Griswold v Connecticut 1965 Ban on contraception unconstitutional since its a private matter **used ninth to rule something unconstitutional without it being banned in the constitution**

Question 26

How can tenth amendment be used to restore limits on federal power?

Answer 26

Prints v US 1997 - handgun violence prevention act was constitutional since states should decide if they want background checks

Question 27

Where are the powers of the federal government outlined?

Answer 27

Article I, Section 8 **enumerated** powers

Question 28

What powers is the federal government granted by the constitution?

Answer 28

Taxation, borrowing, regulating commerce, citizenship, regulate currency, post offices, roads, courts, declare war, raise an army

Question 29

What are the federal denied powers?

Answer 29

Prohibiting slaves until 1808 Suspending habeas corpus Cannot tax goods exported by states Cannot take money from treasury without congressional approval

Question 30

What are prohibited rights for states?

Answer 30

Entering treaties Pass ex post facto law Keep state armies Tax imports/exports Coin money

Question 31

What holds federal law over state law?

Answer 31

Supremacy Clause

Question 32

Which clause allows the federal government to expand its influence ?

Answer 32

Elastic clause Increase authority in examples such as setting minimum wage, regulating banks, controlling state funding

Question 33

What was dual federalism?

Answer 33

Lasted until 1937 Federal and state governments had clear separation

Question 34

What was the compromise of 1850?

Answer 34

Free and slave states sought to maintain an equal balance in congress California wanted to be a free state Slave states said fugitive slaves have to be returned from free territories

Question 35

How did the civil rights movement reform the constitution?

Answer 35

Introduced the 14th amendment Expanded the federal control over issues previously reserved for states

Question 36

What was the second stage of federalism?

Answer 36

Cooperative federalism 1937 - 1960s Falling AD and rising unemployment **Great Depression**

Question 37

Which amendment increased tax raising power of the federal government?

Answer 37

16th amendment 1913 Taxes could now be based on income rather than shared equally amongst states

Question 38

Two examples of the Supreme Court protecting states during the Great Depression

Answer 38

National Industrial Recovery Act 1933 - federal agency for setting industrial regulations Agriculture Adjustment Act 1933 - federal subsidies to farmers who restrict supply and increase price

Question 39

When was the turning point in Supreme Court attitude toward FDR’s interventionism?

Answer 39

Labour Relations Board v Jones & Laughlin Steel 1937 Ruled that labour could be legislated on commerce

Question 40

What was the third stage of federalism?

Answer 40

Coercive federalism from 1960s to 1980s Issues such as segregation and increasing inequality

Question 41

How did Eisenhower enforce federal law?

Answer 41

Used federal soldiers to enforce integration in Little Rock high school

Question 42

How did some federal regulations reduce state budgets?

Answer 42

Unfounded mandates such as the Clean air act 1963/Water Quality Act

Question 43

How did congress use funding to enforce national drinking minimum age?

Answer 43

Said states which have no minimum drinking age would get 10% less funding for roads Ruled constitutional as states could just refuse funding

Question 44

How many amendments have been passed since the founding?

Answer 44

27; 10 passed in the bill of rights Examples of failed are death penalty abolition and human life amendments

Question 45

What is an example of an amendment being repealed ?

Answer 45

18th amendment Prohibition led to rise in gangs, corruption and health issues due to lack of regulation 21st amendment undid 18th

Question 46

Example of elasticity of the constitution

Answer 46

Necessary and proper cause allows congressional jurisdiction over scope of presidential authority

Question 47

Example of judicial review regarding individual rights in the constitution?

Answer 47

Riley v California Warrant needed to search a mobile phone John Roberts ruled that privacy in the 4th amendment protected mobile phones

Question 48

What concept describes an evolving codified constitution?

Answer 48

Described as a living document which allows judicial review to change according to the context

Question 49

How can convention become part of the formal running of government despite not being in the constitution?

Answer 49

Judicial review and the cabinet are not codified rights

Question 50

When was judicial review established?

Answer 50

Marburg v Madison 1803

Question 51

Which congressional institutions are not in the constitution?

Answer 51

Political parties, committees

Question 52

Who established the two term limit?

Answer 52

Washington 1940 FDR broke the convention and elected for third 22nd amendment formalised this convention