Constitution Flashcards
(24 cards)
- Explain and analyse the significance of three key features of the US Constitution. p264-270 and your notes.
P – Constitution emphasizes “representative government not democracy”
E – No requirement for one person one vote or even a secret ballot. Notion of representative government borne out further through the indirect elections for the president who was and is still elected through Electoral College Votes. Senate initially indirectly chosen but changed to direct election in the 17th amendment
P – The order of articles was purposeful
E – Congress comes first suggesting it is the principle branch, the president mentioned second. The role of president envisaged as an international representative and focus for unity. Supreme Court came third and lacked specific details such as their role as interpreters of the Constitution.
A – Highlights the attempt to avoid the tyranny seen in the monarchies of the countries of the European immigrants.
P – Separation of powers
E – Thomas Jefferson wrote that good governance came not by “the consolidation or concentration of power, but by their distribution”. Therefore, power was separated and shared between the states and federal government. Wished for a system that viewed power with suspicion and a framework that promotes compromise and cooperation between different branches.
A – Limited government still a principle important to many Americans, more so to Republicans.
- Explain and analyse three strengths of the US Constitution
P – Separation of powers
E - The Founding Fathers were influenced by the French political philosopher Montesquieu argued that the best way to avoid tyranny and absolutism was to divide government into three distinct branches: Legislature (Congress) l Executive (Presidency) l Judiciary (Supreme Court. It helps to prevent any one branch from having too much power and avoids the notion of an ‘elective dictatorship’. For a president to get policy through, they need to work with Congress, and ensure it is compatible with the Constitution.
P – Federalism
E – Original framers hoping to limit the interference of federal or central government in the affairs of the separate states. Have reserved powers, meaning that as per the Tenth Amendment all powers not expressly delegated to federal government, such as trade and defence, ‘are reserved to the States respectively or to the people’. Even if one party took control of all three branches of the federal government, federalism ensures that state governments would still function independently and reflect the political leanings of that specific area.
P – Vagueness has allowed it to be updated
E – Seen in the ambiguity of the clause which empowered Congress to make all laws ‘necessary and proper’ in order to carry out the duties of federal laws. Often termed the ‘elastic clause’, this has enabled the legislature to adapt over time to changing circumstances and values. For example, the Immigration Act 1924 reflected clear racial bias, yet in 1965, Congress passed a Voting Rights Act that expressly forbade racial discrimination in voting. Such shifts in the law reflect changing perspectives and values.
- Explain and analyse three weaknesses of the US Constitution 264-270
P – Intended co-operation has resulted in a lack of progress.
E - The Constitution was designed to promote cooperation and compromise between the different branches. By often requiring mutual agreement — for example, all laws must be approved by both congressional chambers — the hope was that they would work together. The budget, for instance, is proposed by the president and submitted for approval to Congress. In recent years this had often led to a standoff and gridlock. In the worst scenarios, a limited government shutdown has occurred, the longest being 35 days between December 2018 and January 2019 when party differences made compromise more heated than usual The presidential veto or threat of one, and equally Congress’s refusal to pass legislation requested by the president, has also led to legislation in areas such as immigration reform not being passed. Arguably, instead of uniting Americans, the Constitution has often inadvertently led to division and deadlock.
P – Vagueness can result in ignoring key issues
E - By saying nothing on slavery in the original document, the seeds were sown for a sectional divide that would culminate in the 1860s in a bloody civil war. Only in its aftermath was slavery banned under the Thirteenth Amendment
P – Differing interpretations can lead to divisions
E - The Second Amendment contains that well-known phrase ‘the right to bear arms’, but this seemingly straightforward right is prefixed by the phrase ‘A well-regulated Militia, being necessary for the security of a free state’. There have been conflicts on where this means So all Americans have an inalienable right to private gun ownership, or only those who are in the military. This has contributed to the polarisation of US Politics with most Republicans being pro-gun and most Democrats anti-gun.
P – Problems with the Electoral college
E - The Electoral college denies victories to the presidential candidate who wins the popular vote. This has happened 4 times including in 2016. There is electoral distortion via the Electoral College, which can considerably exaggerate the power of smaller states. California has one EVC per 712,000 people whilst for Wyoming it is per 195,000
- Explain and analyse three ways in which the Bill of Rights protects US Citizens. (MRN) p534 and your notes.
P – It guarantees citizens basic civil liberties
E – For example, the first amendment gives citizens the citizens freedom of religion, speech and press or the 6th amendment which gives the right to a fair trial.
P – Bill of rights ensures rights are secure by providing a clear record to the public of the rights they are allowed.
E – This is due to its high status in American culture with America being dubbed the “land of the free” due to the many rights guaranteed in the first amendment.
A – However, with this awareness and long-standing nature comes accusations of it being antiquated as it does not give people freedom from racial discrimination.
P – Bill of Rights is judicially enforceable
E – For example, Citizens United vs FEC - Putting regulations on corporate donations infringed on 1st Ammendment
A – Important as striking down these laws prevents states, congress or even the President passing similar laws without amending the constitution.
- Explain and analyse three ways in which the separation of powers is significant. p271 and your notes.
P – Each branch can check the others
E – Eg. President can check Congress through a presidential veto. Congress can check the president through impeachment or the ratification of treaties.
P – Helps preserve the independence of the judiciary
E – It is vital that issues such as civil liberties and entrenched rights are free from politicisation.
A – Supreme court political
P – Helps to prevent any one branch from having too much power.
E – For a president to get policy through they need to work with congress and make sure it constitutional
- Explain and analyse three ways in which the separation of powers is not significant. p271 and your notes.
P – The executive and legislature are not entirely separate
E – The vice president is also the Senate president and has the casting vote in the event of a tie. Mike Pence used this power several times including to confirm Betsy DeVos as education secretary is 2017.
P – Effectiveness of separation of powers depends on the political context.
E – If a president has a supportive Supreme Court and whose party controls congress they can wield huge unchecked power.
P – The Judiciary to too politicised
E – By involving politicians in the nomination and confirmation process it lessend their independence. Become a partisan issue. Justice Kennedy under Reagan confirmed in a 97-0 vote. However, newest judge put forward by Biden in 2022 Ketanji Brown Jackson confirmed 53-47.
- Explain and analyse three ways in the US President can check Congress. p272-273 and your notes.
P – Presidential veto
E – Once a bill has been through both chambers of congress the president is able to block/veto it. Trump vetoed a resolution revoking his declaration of an emergency at the US-Mexico border which was allowing him to use emergency funding to build his wall. Presidents often threaten the veto to dissuade Congress from passing an unwelcome measure. Obama made four veto threats in his 2015 State of the Union Address, on the topics of stiffer Iran sanctions, diluting or overturning the Affordable Care Act, loosening Wall Street oversight and tightening up immigration controls.
P – Presidents can use their role as commander-in-chief.
E – Allows them to deploy US troops overseas, avoiding Congressional approval of declaring war. In 2001 and 2003 Bush ordered the invasion of Afghanistan and Iraq
P – Can pass executive orders which bypass Congress
E – In 2025, Trump has already passed around 130 executive orders including tariffs on 90 countries, ending birthright citizenships for children born in the US to illegal immigrants, and closing government departments such as Eduction and Diversity, Equality and inclusion
- Explain and analyse three ways in which the President can check other branches of government
P – Presidential veto
E – Once a bill has been through both chambers of congress the president is able to block/veto it. Trump vetoed a resolution revoking his declaration of an emergency at the US-Mexico border which was allowing him to use emergency funding to build his wall.
P – President nominates all federal judges to the Supreme Court
E – For example, Obama appointed Sotomayor and Kagan. However, these appointments are often politicised and are becoming more partisan. Justice Kennedy under Reagan confirmed in a 97-0 vote. However, newest judge put forward by Biden in 2022 Ketanji Brown Jackson confirmed 53-47.
P – Presidents can use their role as commander-in-chief.
E – Allows them to deploy US troops overseas, avoiding Congressional approval of declaring war. In 2001 and 2003 Bush ordered the invasion of Afghanistan and Iraq
- Explain and analyse three ways in which executive power can be constrained by other branches of government.
P – Judicial Review of Actions
E – Can declare acts of the president or the executive branch unconstitutional. For example in 2017 they placed a temporary restraining order on Trumps executive order that banned people from 7 Muslim Countries entering America.
P – Amend, block or reject legislation proposed by the President
E – Congress blocked Obama’s proposals for gun control and immigration reform
A – Depends of the level of party loyalty in Congress, as well as the popularity and electoral mandate of the president.
P – Impeachment
E – House can formally accuse and charge someone and the Senate holds a trial to find them guilty or not. Senate requires 2/3rds for a guilty verdict.
A - Has never found anyone guilty but still an effective check. Nixon resigned in 1974 due to threat of impeachment after Watergate scandal
P – Senate can reject presidential appointments to the judiciary
E - The last Supreme Court nominee to be formally rejected was Robert Bork in 1987 in a majority vote.
P – Congress can block treaties. A two-thirds vote in the Senate is required to ratify treaties. Blocked the Treaty of Versailles due to fears of the US getting dragged into European affairs. The Senate rejected the treaty twice, once in 1919 and again in 1920.
P – A presidential veto can be overturned by a Supermajority in both houses. In 2016, Congress overturned Obama’s veto of the Justice Against Sponsors of Terrorism Act. Unlikely in a united government in support of the PM
- Explain and analyse the significance of three checks and balances provided by the US Constitution. p274
P – Protects against the tyranny feared by the founding fathers
E – President subject to the most checks avoiding laying power in the hands of a single person. For example, impeachment, can declare presidential acts unconstitutional – Trump V Vance
P – Forces parties to change their political tactics to maximise the number of initiatives they can pass.
E – During divided government it is harder to pass legislation so presidents try and push through legislation in the first 2 years before the midterm elections. For example, Trump passed his tax cuts and job act in 2017. Lost control of House in 2018 midterms.
P – Can lead to gridlock
E – By dispersing power the founding fathers have ensured it is easier to block something than achieve something new. Not being used as intended due to hyper partisanship. Even during the COVID emergency it took several days of intense and fraught negotiation to get the CARES Act passed.
- Explain and analyse three ways in which amendments to the US Constitution have been significant.
P – First 10 amendments known as the bill of rights are important in guaranteeing civil rights for US citizens.
E – For example, the first amendment included freedom of religion, speech, the press and assembly. The 2nd amendment introduced the right to bear arms.
A – These rights are regarded with high status in American culture with America being dubbed the “land of the free” due to the many rights guaranteed in the first amendment.
P – The thirteenth Amendment abolished slavery
E - Ended a barbaric system that had been legal in America for well over a hundred years. Four million people, an entire eighth of the U.S. population, were freed as a result. The 14th then gave citizenship to formerly enslaved people.
P – 22nd Amendment restricted the President to two terms in office
E – Response to the context. Franklin Roosevelt served for an unprecedented 13 years having won 4 successive elections.
- Explain and analyse three arguments suggesting the US Constitution is too hard to amend formally.
P – Very few amendments have been passed
E – Only 27 amendments in 200 years when more than 11,000 amendments to the Constitution of the United States have been proposed.
P – Prevents the Constitution from being updated especially in the area of civil rights
E – While some key groups are protected such as racial minorities, women and people with disabilities are not. The Complexities of passing amendments make this almost impossible. Equal Rights Amendment which would have embedded women’s rights in the constitution was passed by Congress but failed to get sufficient state ratification within the allocated time frame.
P – Too many informal amendments take place through the Supreme Court.
E – Problematic as they are unelected and unaccountable whilst the elected branches cannot make these changes. Overturning of Roe V Wade in 2022 found to go against public opinion.
- Explain and analyse three criticisms arguments suggesting the US Constitution is not too hard to amend formally
P – The high thresholds for formal amendment unsure that change only happens when there is a wide consensus.
E – Important as these amendments are wide-reaching and long-lasting so broad agreement is essential in ensuring the amendments will benefit the American people.
P - The formal amendment process is of little significance
E - the vagueness of the Constitution has allowed the document to evolve without the need for constant formal amendment. For example, judicial review itself is not mentioned in the Constitution. The Supreme Court Justices can amend the meaning of the Constitution (to modernise it) while the words remain unaltered – Obergefell v Hodges.
A - This could indicate that the US Constitution is much more flexible than it may appear.
P - Formal amendments are not needed to secure the rights of groups not explicitly protected by the Constitution.
E – Rights can be equally protected by federal and state laws. For example, the civil rights act 1964 granted women more freedom in the workplace and a right to expect equal treatment.
- Explain and analyse the significance of three informal amendments to the US Constitution.
P – Obergefell vs Hodges (2015)
E – States must recognise same sex marriage between same sex couples. 5-4 with swing justice Kennedy supporting the case. Listened to public opinion and not outdated
P – Citizens United (2010)
E – Decisions allowed corporations to help campaigns indirectly through soft money. Led to the rise of Super PACs. In 2021 there were 1,219 Super PACs. In 2024, Elon Musk alone donated $250 million to Super PACs.
P – Roe V Wade (1973)
E - ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws and forced all states to legalise abortion.
A – Overturned in 2022 against majority public opinion. Now 17 states have outlawed abortion.
- Explain and analyse three reasons why it can be argued the US Constitution remains suitable in the twenty-first century.
P – Checks and balances remain vital
P – Informal amendments allow the court to stay relevant – Obergefell vs Hodges (2015)
P – Bill of rights continues to protect civil liberties
- Explain and analyse three ways in which the concept of federalism has become less significant.
P – Central government spending rising under both recent Republican and Democrat Presidents.
E – Obama – Several measures after the 2007/2008 financial cash implemented t help stimulate the economy. Provided $140 billion for repairing roads and modernising schools. Trump – In 2020 Trump signed the largest ever US financial stimulus package worth $2 trillion
P – Increasing use of nationwide social initiatives
E - Under George W. Bush, a major reform of education was undertaken on a national scale with the passing in 2002 of the No Child Left Behind Act. In addition, there was a substantial expansion of Medicare to include new prescription drug benefits for seniors.
P – Increased use of presidential executive orders
E – Concentrates power in the hands of the executive. Many of Trumps executive orders have also pushed into areas typically run by states. ADVANCING ARTIFICIAL INTELLIGENCE EDUCATION FOR AMERICAN YOUTH - It establishes a government-wide effort to guide responsible artificial intelligence (AI) development and deployment through federal agency leadership, regulation of industry, and engagement with international partners.
- Explain and analyse three reasons why it can be argued the US Constitution is unsuitable in the twenty-first century
P – Small states overrepresented.
E – In 1789 the population of the largest state was 12X that of the smallest. Today, California is 68X larger than Wyoming. Half of the Senators represent states with less than 16% population.
P – Too hard to amend and some groups such as women not explicitly protected.
P – Judiciary holds to much power with their ability to make informal amendments to the constitution
- Explain and analyse 3 reasons why it can be argued the US Constitution protects effectively civil rights and liberties (285
P –Bill of rights
P – Separation of powers to prevent dictatorship
P – Amendments to the constitution
- Explain and analyse 3 reasons why it can be argued the US constitution is not effective at protecting civil rights and liberties
P – Many groups not given constitutional protection through entrenched rights
E – Women’s rights not explicitly mentioned in the constitution. The Equal Rights Act would have made it illegal to discriminate on the ground of sex. It was passed by Congress in 1972 and ratifies by 35 states, however it did not meet the ¾ by the deadline required.
P – Death penalty/Abortion
E – Overturning of Roe V Wade in 2022 has meant that the decision is handed to the states. 19 US states have now banned or limited access to the procedure infringing on a women’s right to privacy and autonomy. Arguably the death penalty violates the human rights to life and freedom from cruel, inhuman, and degrading treatment or punishment and is legal in 27 states currently.
A – Whilst the mothers right to bodily integrity is compromised, the foetus’ right to life is protected.
P – Slavery ignored in the constitution (no protection for African Americans).
E – Slavery was part and parcel of the new nation, and intrinsic to the economy and society of several states. This was especially true in the South, where white Americans forced African-Americans to do slave labour on cotton and tobacco plantations. The Constitution was diplomatically silent on the issue of slavery.
A – The vagueness allowed for the document to be modernised and later protect the rights of such groups in the 13th and 14th Amendment as well as Supreme Court cases such as Brown V Board of Education.
- Explain and analyse three ways in which structural theory can be used to determine the constitutional differences between the US and UK. p291-292, p298-300 and your notes. (ZigZag)
P – US Codified vs UK Uncodified
P – In the US, the constitution is hard to amend formally, as it requires the approval of supermajorities in both chambers of Congress, and also from individual states. It is best described as rigid. Equal Rights Amendment which would have embedded women’s rights in the constitution was passed by Congress but failed to get sufficient state ratification within the allocated time frame. Further, the Constitution is sovereign meaning the courts can strike down laws that go against the constitution. Makes rights more accessible and better known. Conversely, in the UK, parliament is sovereign. It is easy to change and update historical clauses that no longer prove helpful or relevant and are seen as anachronistic. House of Lords Reform Act 1999 removed all but 92 hereditary peers to sit and vote.
P – US Separation of powers V UK Fusion of powers
E - In the UK, there is more of a fusion of powers in the legislature: whoever controls parliament controls the nation. What this often means in practice is that there are few formal or powerful checks on a prime minister with a large majority. There are checks afforded by their parliamentary party — backbench rebellions and on occasion, as with Boris Johnson’s attempted prorogation of parliament in 2019, by the courts. In the USA by contrast, even presidents who enjoy control of both houses of Congress, such as Trump between 2016 and 2018, can find it hard to push through legislation. The American Health Care Act of 2017 was passed by the United States House of Representatives but failed the United States Senate. 56% of American voters disapproved of the AHCA, and 46% of voters said they would be less likely to vote for their representative if they supported the AHCA. After relentless advocacy efforts on the part of constituents, the American Health Care Act was withdrawn.
A - Arguably, though, the pleas for unity over Brexit and discipline from her MPs suggested Theresa May faced a similar problem to those far more routine in the White House.
P – US Federal system vs UK Predominantly unitary (devolution)
E - There is a federal arrangement in the USA while the UK has a predominantly unitary structure though with a growing role for devolved assemblies. Specifically, in the US, the original framers aimed to limit central government in the affairs of the separate states. The federal government is responsible for national defence, foreign policy, and regulating interstate commerce. In contrast, state governments have authority over policy areas like education, healthcare, and transportation. The UK is a unitary state meaning it has no states and devolution is based on legislation and agreements between the central government and regional governments. This means that devolution in the UK can technically be ended with a simple Act of Parliament. Westminster parliament has sovereignty.
- Explain and analyse three ways in which structural theory could be used to study the legislatures in the UK and USA. (MRN) p300 and your notes.
P – In the US both powers have significant concurrent powers and committee whereas in the UK the House of Commons dominates.
E - Both parts of Congress enjoy significant concurrent powers above all over legislation, which both chambers must approve. Both also have powerful committees. House committees can instigate impeachment proceedings, while the Senate Judiciary Committee plays an important preliminary role in the confirmation of judicial nominations. By contrast, the Commons is the dominant chamber in the UK. Since the 1911 Parliament Act, the Lords has had very few real powers. Cannot delay a bill for more than 2 years, cannot block a bill, cannot delay a money bill.
P – US Separation of government branches
E - The executive in the UK is found in the legislature, while in the USA it is entirely separate. No member of the US cabinet can also be in Congress, while every member of a prime minister’s cabinet must be in parliament and directly answerable to it.
P – US Federalism vs UK Devolution
E - In the USA, more power lies with the 50 states, meaning Congress is not the only important political arena. While the situation is changing in the UK, Westminster still dominates most areas of political life, especially over issues such as Brexit and the budget
- Explain and analyse three ways that rational theory could be used to compare the UK and US Constitutions. p293, p299 and your notes.
P – The key role of the US Supreme Court makes it a major focus for pressure groups and lobbyists. In the UK, the traditional focus for lobbying is parliament.
E - The US judiciary is far more powerful and significant in shaping the modern American state. Indeed, landmark cases are a major part of US constitutional and political history. UK courts do not have the power to rule Acts of Parliament as unconstitutional and can only issue ‘declarations of incompatibility’ with regard to EU law (until 2020) or the ECHR. The US Supreme Court, therefore, is a major focus for lobbying by interest groups with ‘amicus curiae’ briefs.
P – The leaders often have to spend time persuading fellow party members to support their bills and policies, although this is more usual in the USA.
E - In the UK, a prime minister with a healthy majority can normally get their agenda through parliament without major incident. May be harder for US Presidents in divided government. Party discipline is traditionally stronger in the UK, meaning there is less of a need in general for party leaders to plead with or persuade their MPs to ‘toe the party line’. A leader with a strong majority can more easily ignore internal dissent. In the US, the threat of de-selection do not work in a system in which voters decide on candidates in primary elections. Jobs in government do not work in a system of ‘separated institutions’, in which posts in the executive and legislature do not overlap so leaders also have limited use of patronage power
P – Federalism in the USA means that state governments are a major focus for lobbying. Have more powers that UK devolved bodies.
- Explain and analyse three ways that cultural theory could be used to compare the UK and US Constitutions.
P – Principles
E - From the start the US Constitution has embraced key features such as republicanism and representative government. It was, after all, the product of revolution. The British Constitution was once dominated by the monarchy and slowly modernised to emphasise by parliamentary dominance and sovereignty, reinforced by acts such as the Bill of Rights 1689.
A – Devolution perhaps threatens this?
P – Heritage
E - The British Constitution is a product of evolution and gradual change. The US Constitution, however, is the product of revolution, and was created largely in one go. In the UK there remains a legacy of hereditary practice and deference. This can be seen partly in the antiquity of some constitutional documents, for example the thirteenth-century Magna Carta. Further there is general acceptance that the presence of hereditary peers and 26 bishops, while not necessarily logical, does not amount to a major affront to democracy. By contrast, the US Constitution took some inspiration from aspects of ancient Rome and Greece. Both constitutions, therefore, have roots in the past via classical republicanism (USA) and traditional monarchism (UK)
P – Individual rights
E - While the US Constitution is more explicit about the protection of individual rights, and Americans historically have a greater attachment to individual liberty, the UK too has a historic attachment to civil liberties. Several key documents express in different but cumulative ways the need to limit the ability of monarchs to deny justice or subvert parliament. Both Magna Carta and the 1689 Bill of Rights stress this point.
Explain and analyse three ways in which cultural theory could be used to study the role of federalism in the USA and devolution in the UK
P – US Federalism is entrenched vs UK Devolution is delegated
E - Federalism is an entrenched principle of the US Constitution and cannot, therefore, be repealed easily. By contrast, devolution in the UK was adopted by parliamentary statute meaning in theory at least, that a subsequent parliament could reverse devolution.
P – Power of states and devolved bodies is evolving
E – US states can and have historically been able to decide the electoral systems they use, and this is becoming more frequently available in the UK. Devolved assemblies get to partially decide their own electoral systems for assembly elections, meaning that there is now a greater variety of systems employed across the UK. For example, Scotland and Wales use the additional member system (AMS), while Northern Ireland employs the single transferable vote (STV) system
P – US Federalism is uniform vs UK Devolution is asymmetric
E - Devolution in the UK does not apply to the entire nation but only to Scotland, Wales and Northern Ireland, and even within this areas differs due to culture. Power sharing in NI, less initial powers given to Wales. Further, England does not have (or want) its own parliament. By contrast, the USA is uniformly governed by the federal system and all 50 states enjoy legislative equality.
