Constitution Flashcards
(77 cards)
1
Q
What is the legislative
A
congress
2
Q
What is the executive
A
President
3
Q
What is the judicial
A
The Supreme Court
4
Q
What two things make up Congress
A
Senate and House of Representatives
5
Q
Name two powers of Congress
A
- makes law
- approves presidential appointment
6
Q
Name 3 powers of the executive
A
- propose legislation
- sign laws
- pardons people
7
Q
Name two powers of the judicial branch
A
- decides if laws are constitutional
- can overturn rulings by other judges
8
Q
Who appoints Supreme Court justices
A
Appointed by the president
There are 9 all together
9
Q
What is a constitution
A
A system of rules which described the structure and powers of government.
Outlines the relationship between the three branches of government
10
Q
What was the aim of the Declaration of Independence
A
The American colonies telling British king George establishing their independence
11
Q
What was the militia
A
The American colonists which fought the British troops
12
Q
What was the point of the “articles of confederation”
A
A plan for how the new govt should operate, this is the first draft of the constitution
13
Q
What were the initial issues of the articles of confederation
A
They gave the state too much power which limited the central government
14
Q
What was the Connecticut compromise
A
Compromises federalism- solves the issue of too much power. Equal representation per state
15
Q
Explain article one
A
Legislative branch:
- outlines how elections will be conducted
- details the legislative process
16
Q
What is article 2
A
The executive branch
- term length shall be 4 years
- president must be 35 years old
17
Q
What is article 3
A
Judicial branch
- congress can ordain and establish inferior courts
- rules on treason
18
Q
What is article 4
A
Relationship between states
- guarantees protection from invasion.
19
Q
What is article 5
A
Amending the constitution
20
Q
What is article 6
A
Federal supremacy
- federal law shall be supreme law of the land
21
Q
What is article 7
A
Ratification
22
Q
Three advantages of a codified constitution
A
- stability and continuity - cannot be changed without debate and majority agreement
- outdated sections can be removed eg prohibition
- sets out specific powers- however some are vague so can be implied
23
Q
Three disadvantages of US constitution being codified
A
- difficult to amend and inflexible
- can be informally ammebded by Supreme Court- power in unelected officials
- dome clauses are outdated/ unhelpful
24
Q
Compare the UK and US constitution / 3 points
A
- sources -🇺🇸 single codified document 🇬🇧has several sources
- amendments- 🇺🇸made with a 2/3 majority
🇬🇧easier to amend through acts of parliament - authority 🇺🇸authority in constitution but SC has ultimate power due to interpretation 🇬🇧parliament is sovereign, constitution is what parliament says it is
25
What did Montesquieu want for government
Where each branch has equal but different powers in order to protect the freedom of the public
26
What did Thomas Jefferson day and what does this imply
“The government which governs best is the government that governs least”
- suggests an ideal govt does not need to get involved but maintain peace from a distance
27
What does the 9th amendment say
Rights of people do not need to be explicitly written down to apply
28
Which check was not written in consitution
Judicial review
29
What a powers of president
What is the limit on this
Give an example
Vetoes acts passed by Congress
Can be overturned with a 2/3 majority
Bush- withdraw from Iraq 2007
30
Name three powers of Congress
Passing laws
Impeachment
Ratifying foreign treaties
31
What is bi partisanship
A close co-operation between two parties
32
Give an example of bipartisanship
2001-02 president bush achieved education reforms passed on because he worked closely with democrats
33
Negative example of bipartisanship
Can result in gridlock
2013- republican congress and democratic president over the pass of the federal budget
34
What are the effects of fragmentation of elections
Divided government
- individualistic candidate centres campaign
- parties weakened
- broad coalitions
35
How many years of divided govt between 1969-2009
22 yrs
36
Between 1969-2009 how many years with unified govt
10.5
37
Does a divided Govt Male checks and balances more effective: 2x yes
- bills and nominations are likely to receive more scrutiny in a divided govt
- prevents a bull just getting a “nod through” as veto can be overridden
38
Does divided government Male checks and balances more effective: no
- decreases the importance of checks and balances
| - important bulls do not get passed, only superficial bills which have no impact do
39
What case established judicial review
Marbury v madison 1803
40
Explain the bill of rights
1) freedom, religion speech and press
2) right to bear arms
3) housing of soldiers
4-8) prisoners rights and accused rights
41
How many amendments have been made to the constitution since 1789
27
42
Who can propose an amendment
President and congress
43
What are the two methods of proposal (amendment)
1) 2/3 vote in both the house and the senate
| 2) called by congress at the request of 2/3 of the state legislature
44
What are two methods of ratification (amendment)
1) by legislatures in 3/4 of the states
| 2) ratified through conventions in 3/4 of the state
45
Give an example of where the amendment process has become too rigorous
- equal rights amendment
- been proposed several hundred times, in 1972 it fell short by 3 states
- proposes equal rights for men and women
A03: too rigorous because it stands in the way of important legislation in the 21st century - inflexible
46
2 Strengths of the amendment process
- super majorities ensure agAinst a small minority being able to impose will
- ensures both federal and state gifts favour the proposal
47
3 weaknesses of the amendment process
- lengthy and complicated process means amendments cannot be added about temporary issue
- overly difficult to amend keeping out of date laws in: eg 2nd amendment
- enhances the power of unelected Supreme Court whose job it is to interpret the constitution
48
# Define federalism
What does this mean in practise
A theory of govt by which political power is divided between a national govt and state govt each having their own area of substantive jurisdiction
Federal laws passed by Congress are opted in the states whether or not they are used
49
Give an example of where states have interpreted federal law
The death penalty
50
Why is federalism suited to the USA
- it’s so big- no one law can be applied to all of the states as they are so diverse
51
How was US federalism establishes
Was established when the colonies became free from king George and the British, when it came to establishing a new govt
John Locke wanted limited govt
Federalists wanted centralised govt
Anti federalists wanted states with powers
Compromise: created a central limited government whereby the states could interpret fed law as they like so long as they don’t break the law
52
2 factors the changed the federal- state relationship
Great Depression 1929=
The states looked to the federal govt to solve their problems- Roosevelt’s new deal which built new schools etc
Supreme Court=
Decisions made by the Supreme Court between 1937-70 enhanced the fed govt power
53
What are the five phases of federalism
1) dual federalism
2) cooperative federalism
3) new federalism
4) federalism under bush
5) federalism under Obama
54
Explain dual federalism
Powers and authority clearly divided between national state and local
55
Describe cooperative federalism
Powers and authority mixed among the national
They cooperated to solve problems like poverty
56
What is new federalism
Block grants= the federal government giving states money
57
Describe federalism under bush
- increased spending
| - policies such as no child left behind education policy
58
Describe federalism under Obama
- healthcare reform legislation
| - “change” agenda
59
Does federalism work today?
| 3 reasons yeh
1) permits diversity in state laws
2) created more access points in govt
3) states become “policy laboratories” trialling reform , eg Massachusetts and healthcare reform
60
Does federalism work today:
| 3 reasons no
- source of conflict and controversy
- frustrates the National will, making solving problems harder
- can mask economic and racial inequalities
61
Name two federal government powers
- establish foreign policy
| - post office
62
Name two shared powers
- law and order
| - establish courts
63
Name two state government powers
- marriage laws
| - establish and maintain schools
64
What are the three branches of state government
Executive branch
Legislative branch
Judicial branch
65
What are five roles in the executive branch
- governor
- listener governer
- attorney general
- treasurer
- Secretary of State
66
What does the legislative branch do
Similar to congress
| Approved state budget, initiates tax, creates legislation
67
What are four courts in the judicial branch
1) state Supreme Court
2) superior court
3) special court
4) county magistrate court
68
What is Baker v Carr
Specified the one person one vote idea in state elections
| As rural elections were over represented, now shifted to urban areas due to higher population
69
Are elections expensive
Yes and they are getting more expensive and becoming more candidate centred
70
What is partisan competition and what is the effect
Is close in most states leading to a divided government
71
What is the merit plan
Governor appoints one of several screened judges, voters approve/ disapprove in a election
72
What is Dillon’s rule
Local govt have only powers given by the state
73
What are the three levels of national government
Congress
President
Supreme Court
74
What are the three levels of state government
Governor
General assembly
State Supreme Court
75
What are the three levels of local government
Mayor
Board of supervisor/ town council
Court
76
To what extent is federalism been eroded
| YES X2
- bush created the no child left behind act, education is normally a state power, fed govt took over
- Obama healthcare reforms impeded on state power
77
Federalism has not been eroded
| NO X2
- 1990s states benefited from the rising economy, allowed their own independence as could use their own money
- states still have autonomy over many issues for example same sex marriage as their is not uniform policy on all issues
