Constitution Flashcards
(116 cards)
1
Q
How many states are there in the union?
A
50
2
Q
What is the date of independence day?
A
4th July 1776.
3
Q
What is the first part of the constitution called?
A
Preamble.
4
Q
What does Article 1 of the constitution deal with?
A
Legislature (powers of congress).
5
Q
What does Article 2 of the constitution deal with?
A
Executive (powers of the president).
6
Q
What does Article 3 of the constitution deal with?
A
Judiciary (powers of the supreme court).
7
Q
What does Article 5 of the constitution deal with?
A
Amendment process.
8
Q
What are the 6 features of the constitution?
A
> Codified > Federalism > Popular sovereignty > Separation of powers > Limited government > Judicial review
9
Q
What are 2 features of a presidential system?
A
> Separation of powers.
> Executive is barred from the legislature.
10
Q
How many colonies were there originally?
A
13.
11
Q
How were the colonies viewed by the British Government?
A
They were an economic benefit - they had to pay taxes but had no representation in British parliament.
12
Q
What did the Declaration of Independence state?
A
‘All men created equal’.
13
Q
What was the Articles of Confederation, what replaced it?
A
> Compact between the 13 colonies that formed a new nation in 1781.
This was replaced by the constitution in 1789.
14
Q
Why was the Articles of Confederation replaced?
A
> These Articles set up a confederacy - loose collection of independent states, where national government is limited.
The national government had no executive, judiciary, or legislature - it was very weak.
15
Q
Where was the constitution written?
A
At the Philadelphia Convention in May 1787.
16
Q
What were the attendees of the Philadelphia Convention called?
A
The Founding Fathers.
17
Q
What plans was the constitution compromised from?
A
The New Jersey Plan and the Virginia Plan.
18
Q
What was the New Jersey plan?
A
Favoured by smaller states, would strengthen the Articles of Confederation
19
Q
What was the Virginia plan?
A
Favoured by larger states, more radical.
20
Q
What was included in the Connecticut compromise?
A
> National legislature should be made up of 2 chambers.
Lower = House of Representatives = states would be represented proportionally to their population.
Upper = Senate = states would be represented equally.
21
Q
What is a codified constitution?
A
A constitution that consists of a full and authoritative set of rules written down in a single text.
22
Q
What are the key features of the constitution?
A
1) It is codified.
2) It is a blend of specificity and vagueness.
3) Its provisions are entrenched.
23
Q
What is the supremacy clause?
A
The portion of Article VI (6) which states that the constitution, as well as treaties and federal laws, “shall be the supreme law of the land”.
24
Q
What are enumerated / delegated powers?
A
Powers delegated to the federal government under the constitution.
25
How many Articles are there in the constitution?
7.
26
What are implied powers?
Powers possessed by the federal government by inference from those powers delegated to it in the constitution.
27
What is the necessary and proper clause?
The final clause of Article I, Section 8, which empowers congress to make all laws 'necessary and proper' to carry out the federal government's duties.
28
What are reserved powers?
Powers not delegated to the federal government, or prohibited by it to the states, are reserved to the states and the people.
29
What are concurrent powers?
Powers possessed by both the federal and state governments.
30
What are examples of implied powers?
> The power to draft people into the armed forces may be implied from Congress's power enumerated power to raise an army and navy.
> Congress was given the power to 'provide for the common defence and general welfare of the US' - implied they have the power to levy and collect taxes.
31
Which is the elastic clause of the constitution and why is it called this?
The necessary and proper clause - the powers of the federal government can be stretched beyond the specifically delegated or enumerated powers
32
What is meant by entrenchment?
The application of extra legal safeguards to a constitutional provision to make it more difficult to amend or abolish it.
33
What are the four ways that the constitution can be amended and how frequent has each method been used?
1) Proposal by 2/3 vote of both houses of Congress, then ratified by 3/4 of state legislatures. Used 26 times.
2) Proposal by 2/3 vote of both houses of Congress, then ratified by 3/4 of special state legislatures. Used once (to repeal prohibition).
3) 2/3 of state legislatures call for a national constitutional convention, then ratified by 3/4 of state legislatures. Never used.
4) 2/3 of state legislatures call for a national constitutional convention, then ratified by 3/4 of the states. Never used.
34
What is included in the 1st Amendment?
Freedom of speech, religion, press, assembly, etc
35
What is included in the 2nd Amendment?
Guarantees the right of people to 'keep and bear arms'.
36
What is included in the 5th Amendment?
The right of silence, protecting an individual from self-incrimination.
37
What is included in the 8th Amendment?
"Cruel and unusual punishments should not be inflicted".
38
What is included in the 10th Amendment?
The powers not delegated to the federal government by the constitution nor prohibited by it to the states are reserved by the states.
39
What are the advantages of the amendment process?
> Supermajorities prevent minorities from being able to impose their will.
> Lengthy and complicated - less likely to amend temporary issues.
> Ensures both the federal and state governments agree.
> Magnifies the voice of smaller states.
> Constitutional conventions stop a veto by congress on amendments
40
What are the disadvantages of the amendment process?
> Difficult to amend - outdated, such as the Electoral College.
> Small minority can prevent the will of the majority.
> Despite the lengthy and complicated process, prohibition still passed.
> The voice of smaller states is over-represented.
41
Why is the constitution amended so rarely?
amended so rarely?
> Founding Fathers made it a deliberately difficult process. The need for supermajorities makes it challenging.
> The constitution was made deliberately unspecific and vague - allows evolution without the need for formal amendments.
> Supreme Court's power of judicial review results in 'interpretative' amendments.
> There is caution around tampering with the constitution due to prohibition.
42
What is an example of a proposed amendment to the constitution?
> In Clinton's presidency (1993-2001), there were 17 votes on proposed amendments.
> Republicans controlled both houses (1995-2001).
> The House of Representatives agreed on a balanced budget amendment (1995) anda flag desecration one (1995, 96, 99), but the Senate agreed to neither.
43
What is the Bill of Rights?
The first 10 amendments of the constitution.
44
What are constitutional rights?
Fundamental rights guaranteed by the constitution, including freedom of speech and religion, and freedom from arbitrary arrest.
45
What is meant by the separation of powers?
A theory of government whereby political power is distributed among the legislature, the executive, and the judiciary, each acting both independently and interdependently.
46
What are the key principles of the constitution?
> Separation of powers
> Checks and balances
> Federalism.
47
What is the problem with the idea of separated powers and who changed this (and to what)?
> It is misleading as it is the institutions which are separate, not the powers.
> Richard Neustadt claimed this was rather "separated institutions sharing powers" instead.
48
What is meant by checks and balances?
A system of government that gives each branch the means to partially control the power exercised by the other branches.
49
How can the president check congress?
By vetoing a bill it has passed.
50
How can the president check the federal courts?
By nominating judges and by the power of pardon.
51
How can congress check the president?
> Amending / delaying / rejecting the president's legislative proposals.
> Overriding the president's veto.
> The power of the purse.
> Refusing to approve the president's appointments (Senate only).
> Refusing to ratify the president's treaties (Senate only).
> Using the impeachment and trial powers to remove the president from office.
52
How can congress check the federal courts?
> Proposing constitutional amendments to overturn a judicial decision.
> Refusing to approve a person nominated to the federal courts (Senate only).
53
How can the federal courts check congress?
By declaring the law unconstitutional.
54
How can the federal courts check the president?
By declaring the president's actions, or the actions of his subordinates, unconstitutional.
55
What is the State of the Union address?
An annual speech made by the president to a joint session of Congress, setting out his proposed legislative programme for the coming year.
56
What is a presidential veto?
The president's power under Article II of the Constitution to return a bill to Congress unsigned, along with his reasons for his objection.
57
How many times did Obama use a regular veto during his time in office and what is an example of an occasion?
12 times - including a bill that would have cancelled parts of his healthcare reform legislation.
58
Who did Obama appoint to the Supreme Court during his first term?
Sonia Sotomayor and Elena Kagan.
59
What is an example of the president's power of pardon?
In 1974, president Ford pardoned his predecessor, president Nixon, for any crimes he may have committed in the Watergate affair.
60
What is another example of the president's power of pardon?
Trump pardoned 4Blackwater contractors jailed for massacre of Iraqis in 2007, killing 14
61
What is an example of Congress's power to block the president's proposed legislation?
Congress blocked Obama's attempt at immigration reform and rejected every proposal he made regarding meaningful gun control legislation.
62
What is needed in congress to override a president's veto?
2/3 majority in both houses
63
Give an example of congress overriding the president's veto?
During President George W Bush's 2 terms, Congress overrode 4 of his 11 regular vetoes, including his vetoes of the 2007 Water Resources Development Bill.
64
What is meant by Congress's power of the purse?
All the money that the president wants to spend on his policies must be voted for by Congress.
65
What is an example of Congress using their power of the purse?
In 2007, the Democrat-controlled Congress attempted to limit President George W Bush's spending on military operations in Iraq.
66
What is an example of the Senate's power to ratify treaties?
In 1999, the Senate rejected the Comprehensive Test Ban Treaty by 48 votes to 51.
67
What is impeachment?
A formal accusation of a serving federal official by a simple majority vote of the House of Representatives.
68
What is an example of Congress's power of investigation?
Following the terrorist attack on the American diplomatic compound in Libya, 7 congressional committees held hearings on the events that lead up to it and the way that Obama and secretary of state, Hillary Clinton, dealt with the matter.
69
Who are the presidents that have been impeached by Congress?
Bill Clinton (1998) and Andrew Johnson (1868).
70
What is an example of the Federal Courts using their power of declaring the president's actions as unconstitutional?
United States v Richard Nixon (1974) - Watergate affair.
71
What is bipartisanship?
Close cooperation between the two major parties to achieve desired political goals. May be crucial for political success.
72
Why is bipartisanship crucial for political success?
Needed for laws to be passed, treaties to be ratified, appointments to be confirmed, and budgets to be fixed.
73
What is an example of bipartisanship?
George W Bush managed to achieve his education reforms in 2001-02 as he worked with the leading congressional Democrats, such as Senator Edward Kennedy.
74
What are the arguments for that the Constitution still works?
> Federalism has proved to be a good compromise between strong national government and state governments.
> Proved to be adaptable to changes in society.
> Demanding amendment process has usually prevented frequent and ill-conceived proposals.
> Protects the rights and liberties of Americans.
> Supreme court's power of judicial review has made it even more adaptable through 'interpretative amendment'.
75
What are the arguments for that the Constitution doesn't still work?
> The amendment process is too difficult, making it almost impossible to amend parts that are outdated.
> Judicial review gives the supreme court too much power to amend the constitution's meaning.
> It is too negative, giving too much power to those who oppose change.
> Some parts make little sense in today's society - Electoral College.
76
What is federalism?
A theory of government by which political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction.
77
What is meant by limited government?
A principle that the scope of the federal government should be limited to that which is necessary for the common good of the people.
78
What is meant by popular sovereignty?
The principle, inherent in both the Declaration of Independence and the Constitution, that ultimate political authority rests with the people.
79
What did James Madison say about federalism?
He called it 'a middle ground'
80
What does federalism involve and why does it work for the USA?
> It involves a degree of decentralisation.
> It is suitable for a country as large and diverse as the US as different sections have completely different needs, that wouldn't necessarily be understood by one centralised government.
81
What factors have led to an increased role for the federal government?
> Westward expansion - from the original 13 colonies.
> Growth of the population - in 1790, this was 4 million. In 2016, this was 322 million.
> Industrialisation - more regulation for commerce, etc needed.
> Improvements in communication - communication became quicker with technology.
> Great Depression - states looked to the federal government to cure their ills as they were not stable on their own. New Deal meant more involvement.
> Foreign policy - exclusive jurisdiction of the fed gov. US became a superpower after WWII, enhancing this.
> Supreme Court decisions - interpreted more expansive powers for the fed gov, such as with the commerce clause.
> Constitutional amendments.
82
What is the commerce clause?
The clause in Article I, section 8 of the constitution empowering congress to regulate commerce with foreign nations and among the states.
83
What is an unfunded mandate?
A federal law requiring states to perform functions for which the federal government does not supply funding.
84
What is dual federalism and when was it?
> Government power is strictly divided between the state and national governments.
> National = foreign policy and currency.
> State = insurance and corporate laws.
> Pre New Deal.
85
What types of federalism were formed by the commerce clause?
Dual federalism and Co-operative federalism.
86
What type of federalism did the New Deal introduce and what does this include?
> Co-operative federalism.
> Where national government encourages states to pursue nationally-defined goals.
> Done through grants-in-aid - normally categorical (specific purpose).
> Can include block grants - allows states to decide what the funding will be used for.
87
What is regulated federalism?
The national gov sets up regulations and rules that the states must follow (mandates)
88
What type of federalism is the early 21st century US governed by?
Co-operative federalism with some areas being heavily regulated.
89
Who popularised New Federalism?
Nixon and Reagan.
90
What is New Federalism?
More power to the states by giving them block grants, devolution, and encouraging the 10th amendment.
91
What are the legal consequences of federalism?
> There is a large variety in state laws on matters such as age at which people can marry or drive or have to attend school.
> Laws on drugs and the death penalty also vary.
92
What are the policy consequences of federalism?
States act as policy laboratories, experimenting with new solutions to old problems.
93
What are the consequences that federalism has had on elections?
> All elections are state-based and run under state law.
> The presidential election is really 50 separate elections with the outcome decided by state-based Electoral College.
> Each state decides matters such as how candidates are chosen and how they can get their name on the ballot.
94
What are the consequences that federalism has had on political parties?
> Parties are decentralised and state-based.
| > Texas Democrats are more conservative than Massachusetts Democrats, etc.
95
What are the economic consequences of federalism?
> Huge federal grants going to the states.
| > Income tax is levied by both the fed gov and some state govs.
96
What are the arguments for that federalism does work today?
> It allows diversity.
> It creates more access points in government.
> It provides a 'double security' for individual rights and liberties.
> It makes states policy laboratories, experimenting with new solutions to old problems.
> It is well suited to a geographically large and diverse nation.
97
What are the arguments for that federalism does not work today?
> It can mask economic and racial inequalities.
> It can frustrate the 'national will'.
> It makes problem solving more complicated.
> The relationship between federal and state governments can become a source of conflict and controversy.
> It is overly bureaucratic - costly to run and resistant to change.
98
How many Articles and Amendments are there in the constitution?
7 Articles, 27 Amendments
99
When was the US constitution written? (event)
War of Independence from Britain.
100
When was the constitution ratified and when did it come into force?
Ratified in 1788 and came into force in 1789.
101
What Article entrenches the US constitution?
Article V.
102
What does Article I, Section 8 of the constitution set out?
The enumerated powers of congress - power to tax citizens and spend this money, and the power to issue a currency.
103
What section of which Article gives congress implied powers and what is the quote?
Article I, Section 8 - gives congress power to make all laws "necessary and proper" for its ability to rule.
104
What is the Elastic Clause?
It allows Congress to Stretch its powers as needed to make all the "necessary and proper" laws it needs to rule.
105
What does the supremacy clause do and which Article is it included in?
> Makes the constitution the highest law in the US.
| > Article 6
106
When was the Bill of Rights ratified?
1791.
107
What does the 10th Amendment do?
Gives all powers not given to the federal government to the states - implied powers.
108
Which academic / philosopher heavily influenced the idea of the separation of powers?
John Locke
109
What period was Dual Federalism?
1780s - 1920s and 30s.
110
What was included in Dual Federalism?
> States had strong rights, meaning the president and fed government were less powerful.
> Gov had power that was clearly defined / limited.
111
What period was cooperative federalism?
1930s - 1960s
112
What was included in cooperative federalism?
> Fed gov's power over the states increased as new executive departments were created over new specific things.
> Grants with specific purposes were increased.
113
What period was new federalism?
1970s - 1990s.
114
What was included in new federalism?
> Movement of power back to the states from central gov.
> Republican presidents were responsible.
> Block grants increased - states can do what they wish with them.
115
Under Obama, how was the federal government's power impacted?
It increased
116
What is an example of a concurrent power between federal and state governments?
Both states and federal government have the power to levy taxes.
