Constitution and Federalism Flashcards
(30 cards)
What is the collective name given to the people who wrote the Constitution?
Framers
How many times has the US Constitution been amended?
27
What are the first ten amendments to the Constitution collectively known as?
The Bill of Rights
To which branch of government does Article 1 relate?
Congress
To which branch of government does Article 2 relate?
The Executive
To which branch of government does Article 3 relate?
The Judiciary
What is the theory which states that the three branches of government should not overlap in terms of function or people?
Separation of Powers
Give three things guaranteed by the First Amendment.
Freedom of speech, religion and assembly.
The 2nd Amendment guarantees:
The right to bear arms
The 10th Amendment states that:
All powers not granted to the federal government are reserved to the states.
What are the 13th, 14th and 15th Amendments collectively known as?
The Reconstruction Amendments
What are the four key principles of the Constitution, even though none of the words appear in it?
Bipartisanship, Limited Government
Which clauses of the 14th Amendment were relied on in Obergefell?
Due Process and Equal Protection
Who is the main exception to the Separation of Powers?
The Vice-President
What majorities, and where, are required to amend the Constitution?
2/3 of both Houses of Congress, 3/4 of states
When and what was the most recent amendment?
1992; any law changing Congressional salaries only takes place after the next House elections.
“We might as well require a man to wear still the coat which fitted him when a boy as a civilized society to remain ever under the regimen of their barbarous ancestors.” Said by who, meaning what?
Jefferson; the Constitution must change with the times.
Federalism really means splitting power between national and regional governments, but in the US a federalist is usually thought to favour:
States’ rights over federal government
Article 6 includes which clause, which shows that where they conflict, national laws and constitutions take precedence over state ones?
Supremacy clause
The power to do what is held by both states and the federal government?
Raise tax
Why was No Child Left Behind an ostensibly surprising Act for the Republican president GWB?
Because it expanded the reach of the federal government into an area hitherto reserved to the states.
Which Obama-era policy dramatically extended federal control over people’s healthcare?
PPACA
In NFIB v Sebelius, how did SCOTUS limit Obamacare’s influence over states’ rights?
It rejected the proposed forced expansion of Medicare.
The federal Brady Act required state and local law enforcement officials to do background checks on gun buyers. But Printz v US 1997 held:
- That the federal government cannot compel states to perform federal duties.
- That the act went beyond the provisions of the Necessary and Proper Clause of Article 1.
