Constitution Flashcards
(104 cards)
1
Q
How many articles of the US Constitution are there?
A
Seven.
2
Q
How many amendments of the US Constitution are there?
A
27.
3
Q
What are many of the amendments about?
A
Rights and freedoms.
4
Q
What is an example of a conflict in the US Constitution?
A
Prohibition conflicted with the Bill of Rights.
5
Q
What does a codified constitution mean for the USA?
A
It’s easier for people to know what their rights are, and which parts of the constitution are protected.
6
Q
What does entrenched mean?
A
The provisions of the constitutions can’t be changed.
7
Q
How does the constitution ensure no individual or group has too much power?
A
The legislature makes laws, the executive carries out laws, the judiciary evaluates laws.
8
Q
How can the president check congress?
A
President can veto legislation created by congress, nominates heads of federal agencies.
9
Q
How can congress check the president?
A
They can confirm or reject the presidential nominee, and remove the president.
10
Q
How does the judiciary check congress and the president?
A
Justices can overturn unconstitutional laws, Justices are nominated by the senate.
11
Q
What are the compromises in the constitution?
A
Implied powers, necessary and proper clause, reserved powers, supremacy clause.
12
Q
What are implied powers?
A
It wasn’t certain if congress or the president was responsible for inciting military action. Presidents usually order military action, then have approval from congress.
13
Q
What is the necessary and proper clause?
A
Empowered congress, to make all laws necessary, and ‘proper’ to carry out the duties of federal laws, and enabled the legislature to adapt to changing circumstances and values.
14
Q
What are reserved powers?
A
Powers not specifically granted to federal government by the constitution, powers given to states.
15
Q
What is the supremacy clause?
A
Federal constitution and federal law takes precedence over state law, and state constitutions.
16
Q
What are the other key principles of the constitution?
A
The need for a referee, game of gridlock, elections.
17
Q
How is a referee part of the US constitution?
A
The supreme court are in charge of interpreting the constitution, and can declare laws illegal.
18
Q
How is gridlock part of the US constitution?
A
Required mutual agreement on laws can lead to a gridlock. The president can veto, meaning the constitution can lead to division.
19
Q
How are elections part of the US constitution?
A
Many voting rules, and requirements, aren’t USA wide, meaning variations in postal ballots, early voting, and primaries.
20
Q
Which other 2 things were a part of the creation of the constitution?
A
Articles of the confederation, Philadelphia convention.
21
Q
What are the articles of the confederation?
A
Gave congress the power to govern foreign affairs, conduct war, and regulate currency. They were limited, because congress had no authority to enforce its’ requests.
22
Q
What is the Philadelphia convention?
A
Washington, Jefferson and 50 representatives from all states met to draw up another document, in terms of governing America.
23
Q
What was the purpose of the three branches of the constitution?
A
To create a system of checks and balances, so no one branch has too much authority.
24
Q
Why was there an argument about levels of representation?
A
Larger states wanted representation based on population, smaller states wanted equal representation.
25
What was the Connecticut compromise?
Led to proportional representation, an equal representation in the upper houses.
26
Why was slavery a problem when creating the constitution?
Northern states had already started to outlaw slavery, southern states wanted to keep slaves. They wanted it to be an issue for individual states to decide.
27
How much of congress has to agree to a constitutional amendment?
2/3 of both houses.
28
How many states have to agree to a constitutional amendment?
3/4 of State legislature.
29
Which constitutional amendment did Bill Clinton propose in congress?
He proposed an amendment that government should seek to run a balanced budget.
30
How many votes short was Bill Clinton to run a budget balance?
One.
31
What are the examples of suggestions for constitutional amendments?
Balanced budget, Flag desacration, Equal rights, DC statehood, Child Labour, Congress term limits.
32
What are the advantages of the amendment process?
Supermajorities lead to popular consent, the issue has to be important to pass, a minority can thwart the will of the majority, strong agreement, unnecessary for temporary issues.
33
What are the disadvantages of the amendment process?
Larger voice for smaller states, lengthy process, outdates, increases power of the supreme court, allowed prohibition to pass, small state voices can over-represent.
34
What were the later amendments of the constitution?
Bill of rights, 13th amendment, 23rd amendment, 22nd amendment.
35
Why were the bill of rights important?
Founding fathers wanted these rights to be entrenched in the constitution, so they couldn't be undone later.
36
Why was the 13th amendment made?
To ensure equality in all states, as some had already stopped using slaves.
37
Why were the 22nd and 23rd amendment made?
22 - Was a response to the fact that FDR had died in office, after going for a fourth term. 23 - Was made to expand democracy.
38
Why has the constitution been rarely amended?
The founding fathers made the process difficult, the founding fathers made the document vague, the supreme court has judicial review, Americans are cautious about amendments.
39
What are the recent arguments for another amendment?
Rand Paul - Limits on how long lawmakers can serve. Marco Rubio - Repeal Obamacare, and gay marriage.
40
What is an informal amendment?
Judges discovering new meanings and rights within clauses of the constitution - constitution updated via supreme court judgement.
41
What are the examples of informal amendments?
The right to remain silent, right of privacy to mobile phone data, rights of LGBT a
Americans.
42
How does the president check congress?
Vetoing a bill - Obama vetoed the keystone XL pipeline, and issued 12 vetoes during his time in office.
43
How does the president check federal courts?
Nominating judges and the power of pardon - Trump issued 73 pardons, 70 commutations. Obama issued 330 commutations on his last day.
44
How does congress check the president?
Amend, Reject, delay the president's proposals, power of the purse, senate can refuse to approve appointments, senate can refuse to ratify presidential treaties, impeachment powers.
45
What is an example of congress amending a president's proposals?
Obama requested gun control legislation in 2012 after a shooting, nothing was passed.
46
What is an example of congress' power of the purse?
Congress stopped trump receiving funding for his border wall.
47
What is an example of the senate refusing to approve a supreme court appointment?
The senate blocked Obama's appointment to the Supreme court in 2016.
48
What is an example of the senate refusing to ratify a treaty?
The senate failed to ratify the convention on the rights of people with disabilities.
49
What is an example of impeachment powers?
In 2010, a federal judge from Louisiana was removed from office for corruption.
50
How can congress check the federal courts?
Proposing constitutional amendments to overturn a judicial decision, senate can refuse to approve a nomination to the federal courts.
51
What is an example of congress overturning a judicial decision?
In 1896, the court found a national income tax unconstitutional, and was reserved in the 1913 ratification of the 13th amendment.
52
When did the senate refuse to approve a nomination to federal courts?
1987.
53
How do federal courts check congress?
Declaring a law unconstitutional.
54
What is an example of federal courts declaring a law unconstitutional?
Court ruled against military commissions by George W Bush, to try members of Al-Qaeda.
55
How can federal courts check the president?
Declaring their actions unconstitutional.
56
What is an example of congress declaring an act unconstitutional?
Defense of marriage act was ruled unconstitutional, started legalisation of same same sex marriage.
57
What is bipartisanship?
Both major parties working together to deliver legislation in congress.
58
Why has an increase in party ideology made bipartisanship difficult?
The senate reject or block judicial nominations, due to partisan reasons.
59
What is one way legislation is slowed down?
If one party holds the presidency, and another holds one or both houses of congress.
60
How many years have the US had united government since 1969?
16.5 Years.
61
How could a non-divided government be more effective?
It means bills can be passed more easily, and fulfils the original aim of the constitution, of checks and balances.
62
How could a non-divided government be less effective?
There is less scrutiny of bills, and they're often nodded through without scrutiny. The senate hasn't rejected its' own party's legislation since 1935.
63
What are the arguments the US constitution still works?
Has proved adaptable to changes in society, rights of Americans have been protected.
64
What are the arguments the US constitution no longer works?
Amendment process is too difficult, supreme court has too much power, some parts don't work as envisaged.
65
Which parts of the constitution are seen as problematic?
Electoral college has failed twice in recent years - 2000 and 2016. The constitution shares foreign policy power between congress and the executive. Second amendment is seen as dangerous.
66
What is federalism?
A system of government in which there is a weak federal government with devolved state government.
67
How has the federal state relationship changed since the 18th century?
Westward expansion, Nationwide social security programme, New federalism.
68
What was the westward expansion?
Texas became a state later on, the new deal put an end to dual federalism, and required increases in power and influence of national government.
69
What was the nationwide social security programme?
FDR started lump sum payments
after the social security act was signed in 1937.
70
What is New federalism?
Returning power to individual states, gave block grants to states to use at their own discretion.
71
How did George Bush expand federal government?
The 2000's were known as the era of big government, GWB made educational reforms nationwide with the 'no child left behind act'.
72
How did Barack Obama expand the federal government?
Expansion of medicare, including new prescription drug benefits, and $40 Billion for roads and schools.
73
How did Donald Trump reduce federal government?
Tax cuts and jobs act 2017 - The largest ever US financial stimulus package - Worth $2 Billion.
74
What is a block grant?
An annual sum of money awarded by the federal government or state government to fund a specific project. Started in the USA in 1966.
75
What is the purpose of block grants?
Providing funding without many strings attached, giving states discretion with how to spend federal power to spend money.
76
What is the current balance of power between states and government?
States still retain power in legislating local taxes, the death penalty, presidential elections, and primaries.
77
What do national emergencies require?
National involvement, with financial help from federal government, with the involvement of federal agencies such as FEMA.
78
What did Covid show between federal and state government?
A power struggle, as Trump said 'When someone is the POTUS, the authority is total.'
79
What did democrats and republicans want during Covid?
Democrats wanted to impose more restrictions, republicans tended to be ideologically opposed to these restrictions.
80
What are the advantages of federalism?
Fosters state loyalty, practices pragmatism, creates policy laboratories, political stability, pluralism, separation of powers.
81
How does federalism foster state loyalty?
Some feel closer to their home state.
82
How does federalism practice pragmatism?
Easier to make change if power is given to local officials, as it's closer to their problems.
83
How does federalism encourage pluralism?
Federal systems expand government on national, state, and local levels.
84
How does federalism ensure separation of powers, and prevent tyranny?
Even if one person or group took control of three branches of federal government, it ensures state government functions independently.
85
What are the disadvantages of federalism?
Prevents creation of a national policy, leads to a lack of accountability, citizen ignorance.
86
How does federalism prevent creation of a national policy?
The USA doesn't have a single policy on key issues.
87
How does federalism lead to a lack of accountability?
Overlap of boundaries among national and state governments make it hard to assign blame.
88
How does federalism lead to citizen ignorance?
Most Americans don't know about state and local government, and turnout is often less than 25%.
89
How does federalism create legal inconsistencies in the USA?
Different laws in different states - 'Don't say gay bill.' The supreme court acts as an arbitor. BC - 'Don't ask, don't tell.'
90
How does federalism create policy inconsistencies?
Gun laws, education policy, taxes.
91
How does federalism create inconsistencies in elections?
Primaries - Open or closed, states can choose. California, Alabama - Open. Florida - Closed.
92
How does federalism create inconsistencies in political parties?
A member of the democratic party in Texas is different to a member of the democratic party in NY.
93
How does federalism create inconsistencies in economics, and regionalism?
Some states have state taxes, others don't. North/South divide, in the opposite way as the UK.
94
How has the role of the courts changed since the constitution was founded?
John Marshall wanted a strong national government to enforce civil rights, and regulate wages and working conditions.
95
How has the role of the courts changed since the 19th century?
Courts were reluctant to allow the expansion of power. Brought about transfer of power from states to federal government.
96
How has the role of congress changed since 1965?
Voting rights act 1965 intruded on constitutional power of states, setting voter qualifications, challenging literacy tests. Mandates establish requirements for issues such as air and water pollution control.
97
What can congress do if states don't pursue certain policies?
Cut off funds.
98
Which act established the role of funding bodies in the constitution?
Morrill Act 1862 - states received large pieces of land to establish agricultural colleges.
99
What is the role of a categorical grant, and a project grant?
CG Earmarks funds for a specific purpose, PG is for competitive applications.
100
What are the similarities between the UK and the US constitution in origin and nature?
Both the UK and the USA had civil wars, Both are liberal democracies, Both lay out the framework of democratic politics and accountable political institutions.
101
What are the similarities between the UK and the US constitution on democracy, and separation of powers?
Judiciary can check legislature through judicial review, both have three institutions - executive, legislature, judiciary.
102
What are the differences between origin, nature, and democracy in the UK and US constitution?
USA - Codified. UK - Uncodified. UK constitution has been added to since parliament was created. The USA has has 27 amendments since 1776. Parliament is sovereign in the UK, constitution is sovereign in the USA.
103
What are the differences between provisions and separation of powers in the UK and US constitution?
The UK constitution is easy to amend, with an act of parliament. The US constitution is hard to amend. The US constitution has a clear separation of powers, the UK has a fusion of powers between legislature and executive.
104
What are the differences between checks and balances, and federalism/devolution, in the UK and US constitution?
There is a lack of clarity in different institutions in the UK, the USA has some parts of the constitution which are precise. Federalism is in the US constitution, devolution isn't in the UK constitution.
