Constitution Flashcards

(20 cards)

1
Q

‘The strengths of the US constitution outweigh its weaknesses’ HFDYA?

A

-Strengths vs weaknesses: checks
-Strengths vs weaknesses: rights

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2
Q

Evidence of strong protection of 1st amendment rights?

A

Texas v Johnson- flag burning

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3
Q

Evidence of strong protection of 2nd amendment rights?

A

DC v Heller
Garland v Cargill

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4
Q

Evidence of strong protection of 5th amendment rights?

A

Hamdi v Rumsfeld

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5
Q

What is needed to amend the constitution?

A

2/3 of congress, 3/4 of states.

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6
Q

Evidence of protection of rights leading to discrimination?

A

303 Creative v Elenis (LGBT)
Dobbs vs Jackson (women)
Shelby county v Holder (minority voting rights)

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7
Q

Evidence of protection of rights leading to plutocracy?

A

Citizens united v FEC

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8
Q

Why does the protection of rights in the US undermine democracy?

A

Marbury v Maddison gives SC power of judicial review. Means unelected body able to undermine congressional law.

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9
Q

Evidence of SC striking down elected mandate?

A

Strikes down abortion laws in Idaho.

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10
Q

‘Increased partisanship undermines the effective workings of constitutional democracy in the US’ HFDYA?

A

-Checks and balances undermined by partisanship vs. not
-Strong protection of rights effective vs impossible to change

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11
Q

‘The constitution continues to work effectively in limiting the power of the three branches in government’ HFDYA?

A

-Executive: yes/no
-Congress: yes/no
-Judiciary: yes/no

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12
Q

How does the constitution limit congress’ power?

A

Frequent election; continually accountable to voters.
Accountable to other branches

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13
Q

How does the president limit congress?

A

Presidential veto

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14
Q

How many vetos did Trump use against congress? How many were overridden?

A

10, 1.

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15
Q

How many vetos did Biden use against congress? How many were overridden?

A

13, 0

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16
Q

How many vetos did Obama use against congress? How many were overridden?

17
Q

Evidence of constitution not effectively limiting congress?

A

Too obstructive?

18
Q

What is the SC unable to do?

A

Initiate (but cases covering most issues are available to them so not particularly effective).

19
Q

When did Trump ignore the SC?

A

April- ruled 9-0 it needed to ‘facilitate’ the return of a man from Maryland wrongly deported in March; returned in June.

20
Q

What suggests the constitution doesn’t effectively limit the SC?

A

Politicised and expanding scope.