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Politics D > Constitution > Flashcards

Constitution Flashcards

(51 cards)

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1
Q

How many colonies were there initially?

A

13

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2
Q

When was the war of independence?

A

1776-83

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3
Q

When were the Articles of Confederation signed?

A

1781

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4
Q

What is a Confederacy?

A

Loose associated of states where all political power rests with the states

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5
Q

What were the 3 compromises of the Constitution?

A

Choose the President
Representation of the States
Form of Government

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6
Q

What the Constitution compromise regarding representation?

A

Small states = equal representation - senate

Large states = proportional representation - House

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7
Q

What is a codified constitution?

A

One that sets out certain powers possessed by the National Government, leaving all other power to the states or the people. Deliberately complicated and demanding amendment process

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8
Q

What are the 2 deliberately vague clauses?

A

Congress is allowed to
‘provide for common defence and general welfare of the US’
‘make all laws that are necessary and proper’

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9
Q

Give 3 examples of political processes/organisations that aren’t mentioned in the Constitution

A
  • presidential primaries
  • congressional committees
  • presidents cabinet
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10
Q

What are the 3 branches of government?

A

Legislature - Congress
Executive - President
Judiciary - Supreme Court

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11
Q

What is Separation of Powers?

A

The idea that political power is distributed among the branches, which act independently and interdependently

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12
Q

Give an example of separation of personnel?

A

Biden and Clinton resigned from the Senate in 2009

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13
Q

Checks by the executive on the legislative (2)

A

Recommend legislation - by the State of the Union address

Veto legislation - President can veto legislation passed by Congress

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14
Q

How many vetoes did Clinton use?

A

36

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15
Q

Checks by the executive on the judiciary? (2)

A

Appoints all judges to trial, appeal and Supreme courts

Power of Pardon - Ford pardoned Nixon in 1974

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16
Q

Checks by the legislature on the executive (5)

A
  • Congress can amend, delay or reject legislation
  • Congress can override the Presidents veto with a 2/3s majority
  • Control the budget, can limit the Presidents actions by this
  • Senate confirms many executive appointments and all judicial appointments
  • Impeachment
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17
Q

How does Congress impeach an official?

A

House impeached by a simple majority

Senate holds trial

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18
Q

Checks by the legislature on the judiciary? (3)

A

Power of impeachment of a judicial member
Can propose constitutional amendments that can overturn a SC decision - 16th amendment to allow Congress to levy income tax
Senate has power to confirm presidential appointments to the judiciary

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19
Q

Checks by the Judiciary on the legislature (1)

A

Judicial review

- declare acts of Congress unconstitutional and therefore null and void

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20
Q

Give an example of legislation being deemed unconstitutional

A

2012 Obamacare was ruled constitutional, but a clause that made healthcare insurance compulsory was deemed unconstitutional

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21
Q

Check by the Judiciary on the executive

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A

Judicial review, deem any action of an executive official unconstitutional

2006 deemed actions of Guantanamo Bay unconstitutional

22
Q

When was the last time the Senate rejected a treaty from its own party?

23
Q

What do checks and balances promote?

Study These Flashcards
A

Bipartisanship and compromise between the President and Congress.
Congress is most effective when there is a bipartisan approach

24
Q

What is Federalism

Study These Flashcards
A

Theory of government where political power is divided between a national government and state governments, each having their own area of substantive jurisdiction.

25
What has led to the development of federalism and the role of federal government? (6)
``` Westward expansion Improvements in communication Growth of population Industrialisation Foreign policy Constitutional amendments ```
26
How does the Constitution influence federalism? (3)
- Gives exclusive powers to the national government. eg. Coin money, negotiate treaties - Guarantees state rights eg. Equal representation in Congress - States responsibilities Eg. Return fugitives to other states
27
What were the 4 key areas that affected federalism under George W Bush
Education Healthcare Economy Homeland Security
28
What did Bush do with education?
No Child Left Behind Act - created uniform national tests - moved children from failing schools
29
What did Bush do with healthcare?
Expanded Medicare in 2003. - previously introduced by President Johnson - federal healthcare programme for the elderly
30
What did Bush do with the economy?
$700 million bail out package for Wall Street | Bought Fannie Mae and Freddie Mac to prevent the collapse of the mortgage companies
31
How did Department of Defence spending increase between 2001 and 2009
$290 million | $651 million
32
How did federalism change under Obama
More power to the states Highest ratio of state government to federal government employees since the 1930s More money to the states - $20 billion in Bushs stimulus package - $246 billion in Obamas stimulus package Healthcare reform package
33
Consequences of Federalism (5)
Legal - huge variety in states laws eg. Abortion Political - elections state based, have different laws on how candidates are chosen Regionalism - different cultures and accents, racial and ideological differences Policy - states can experiment on new solutions Political parties - regionalised
34
What is an example of attempting a new policy in a state?
107th Proposition in Arizona virtually banned affirmative action (2010)
35
Outline the first 3 articles of the Constitution?
1 - legislature, including the powers of Congress 2 - executive, including the powers of the Presidency 3 - judiciary, setting out a new Supreme Court
36
How can a constitutional amendment be proposed? (2)
Congress - 2/3s majority in both houses | National Constituional Convention - 2/3s of the states
37
How can a constitutional amendment be ratified? (2)
- State legislatures - 3/4s of the states | - State Constitutional Convention - 3/4s of the states
38
What is the only amendment that the State Constitutional Convention has ratified?
18th amendment, which repealed prohibition of alcohol, the 16th amendment
39
How many amendments have been proposed, and how many have been ratified?
33, 27
40
What constitutional amendment failed to be ratified in 1972
Equal Rights for Women, fell 3 short of the 3/4s necessary
41
How many times did Flag Desecration amendment fail in Senate?
6, despite passing in Congress each time. Rejected in 2006 in Senate by just one vote short (66-34)
42
Why has the Constitution been amended so rarely? (4)
Founding fathers made it deliberately difficult Founding fathers created a vague document that can evolve naturally Judicial review allows the Supreme Court to amend the meaning without formal amendments The high regard with which its held makes politicians cautious to tamper or change it
43
What are Constitutional rights
Rights guaranteed by the Constitution, principally in the Bill of Rights, but also in subsequent amendments
44
How do the 3 branches protect constitutional rights?
Congress - passes laws to enhance such rights Executive - ensures Congresses laws are implemented Judiciary - safeguards the rights through judicial review
45
2 ineffective SC decisions in protecting Constitutional rights
1857 Dred Soctt vs Sandford - blacks couldn't become US citizens so weren't entitled to rights of citizenship 1896 Plessy vs Ferguson - maintained segregation on transport, by the 'separate but equal' clause
46
3 contentious SC decisions
Roe vs Wade - guaranteed Abortion rights for women - doesn't guarantee rights for the unborn baby District of Colombia vs Heller - guaranteed an individual's rights to guns - doesn't protect citizens from gun crime and violence Brown vs Board of Education - guarantees rights of racial minorities
47
When was the Bill of Rights ratified?
1791
48
What were the 13/14/15th amendments relating to?
Abolition of slavery
49
What was the 22nd amendment
Limited the President to a maximum of two terms in office
50
Does the US constitution still work? (5Y)
Federalism proved to be a great compromise Rights and liberties protected Demanding amendment prevents ill conceived amendments Judicial review makes it more adaptable through interpretation Vague text has been effective
51
Does the US constitution still work? (4N)
Amendment process is too long Some parts are out of date Power of judicial review gives too much power to judges Constitution is too negative, giving obstructions too much power

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