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Constitutional Framework Flashcards

1
Q

Why is US constitution called rigid?

A

there has only ever been 27 amendments

10 were in the BOR

only 17 since BOR

last amendment was in 1992

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2
Q

How regularly has US constitution been amended?

A

the constitution has changed in how is it interpreted by the SC

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3
Q

Why do so many proposed amendments fail?

A

Founding fathers wanted there to be a nationwide support for a bill for it to pass

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4
Q

What are the benefits of a difficult amendment process?

A

safeguards the USA people from a dictator and an overbearing government

protects and entrenches legal rights

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5
Q

Why does a ‘necessary and proper clause’ give the US constitution flexibility?

A

this has been called the elastic clause

allows the constitution to be amended to allow the powers exercised (outside of the enumerated powers) to be done so legally

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6
Q

How does judicial interpretation ensure that old document sill applies?

A

Allows SC to declare that the legislature and the executive have the power to act in the spirit of the consitutio n

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7
Q

Why have some SC justices described the constitution as a living document?

A

Short and vague

as views change the meaning of the words also changes

14th amendment - not seen as against segregation but is now

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8
Q

Why have unwritten conventions evolved in America even through the nation has a written and codified constitution

A

right to privacy isnt just defined in the constitution

this is implied in the bill of rights

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9
Q

Why did 13 colonies become frustrated with British rule?

A

Taxes were taken highly and there was low investment in the states

own currency couldn’t be printed

Boston tea party was one of many anti establishment protests and riots

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10
Q

What are the articles of confederation?

A

This was the original constitution

this recognised and empowered a congress

This began with a federal experiment

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11
Q

What are the main problems with the articles of confederation?

A

Disnt seem to have much power

Conflicting trade between the states

no power to collect taxes

no exec or judiciary

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12
Q

Why did shay’s rebellion help lead to a new US constitution/

A

Men attempted to capture a military holding

catalysed concern over articles of declaration

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13
Q

What happened at the Philadelphia convention in 1787?

A

State delegates met and produced a new codified constitino

each article formed a different branch of government based, loosely, on the British system

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14
Q

What are the differences between federalists and anti-federalists?

A

federalists wanted stronger national government

anti federalists wanted a strong state

New Jersey plan wanted equal state repsresntatino but the virginan plan wanted per capita representation

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15
Q

What new branches of govt were created by the new constitution?

A

Coneticut compromise led to bi-cameral legature

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16
Q

Why was the constitution controversial in some states?

A

Anti federalists unsure of the powrrs of both the president and the congress

there was no protection of rights

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17
Q

How can a constitutional amendment be proposed?

A

Stage one- proposed but 2/3 vote in both houses or via a state wide convention in 2/3 state

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18
Q

How are constitutional amendments ratified?q

A

supermajority state legislatures or special conventions votes to approve the amendedmt

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19
Q

What is the bill of rights and why was it included?

A

James Madison made the first 10 amendments (10 passed out of 20)

This was done to protect citezens

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20
Q

Notes of 1st Amendement

A

Freedom, right to petition

Texas V. Johnson: Burning of the flag was allowed

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21
Q

Notes on the 2nd amendemnt

A

Right to form militia

United States V. Miller Upheld the national firearms act

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22
Q

Notes of the third amendment

A

Cannot force people to quarter soldiers in their homes

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23
Q

Notes on the forth amendment

A

requires warrant to search a private house

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24
Q

Notes on the fith amendment

A

Cannot testify against yourself

cannot be deprived of fair treatment

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25
Notes on the sixth amendment
Right of someone accused of commuting a crime Miranda Rights
26
Notes on the sevenths amendment
Right to trial by jury
27
Notes on the eight amendment
Rights of the acused cruel and unsual punishment no excessive fines
28
Notes on the ninth amendment
reminder that there are rights outside the constitution
29
Notes on the tenth amendment
all non defined powers in the constition are reserved by the states
30
Why is there clear separation of powers in the US to the UK?
codified powrs in the USA checks and balances on powers
31
Why is power over legalisation divided between the exec and legislative?
Concern over dictators trynarry of the majority
32
What checks and balances over legislation are there between congress and the SC?
SC can rule any legislation unconstitutional and strike it down
33
What checks and balances are there over spending?
Congress has the power of the purse and the president issues a budget
34
What is a presidential pardon and how does this balance the power of the judiciary?
President can 'un make' any decision of the judiciary. On leaving office Biden gave many 'presumptive pardons' not listing any crimes
35
Can Americans hold representatives more accountable in the UK or in the USA?
UK- no vote directly for executive or HOL US- more votes. Harder to hold on party to account
36
What checks and balances are there over appointments and dismissals?
President makes nominatio senate has to approve congress can impeach
37
How is influence over foreign policy divided by the constitution?
US president- commander in chief Numerous presidents can call for action president negotiates a treaty Supermajority of senators need to approve a treaty
38
What are enumerated powers and why are these called delegated powers?
These are powers given to the federal government these include tax collection and the power to form a currency
39
What are reserved powers?
Powers not leant to the federal government which are held by the states
40
What are the concurrent powers?
Powers both state and federal governments can access
41
What are the prohibited or denied powers?
Powers which a state is not allowed to access. state governments cannot form a currency or make trade policy
42
What is established by the supremacy clause?
Federal law supersedes state law
43
Why is the neceiccary and proper clause also called the elastic clause?
With enough justification loose constructionisits can mould this clause to fit any enumerated power
44
How did McCulloch v. Maryland demonstrate that the constitution also had 'implied powers'
This decision was significant because it expanded the scope of federal power by recognizing that Congress has not only the powers expressly listed in the Constitution but also implied powers necessary to carry out those enumerated powers.
45
What is the commerce clause?
regulate commerce with national and states rights regulate banking which is an enumerated power
46
How does the faith and credit clause influence horizontal federalism?
all states should exercise some laws states must respect laws in other states
47
What is meant by dual federalism? Why is it also called layer cake federalism?
Federal and state government have no overlap and clearly defined roles. concurrent powers are clearly seperateed
48
Why do some states believe that they can nullify federal laws?
states have leant power to federal government but could reverse laws if they are deemed unconstitutional
49
Why are northern and southern states different/
Different laws regarding enslavement led to an agricultural and rural south and an industrial north
50
What did the 13th amendment do?
Abolished slaverrty
51
What did the 14th amendment do?
Gave birthright citizenship
52
What did the 15th amendment do?
extended franchise to non white men
53
Missouri compromise
struck down by the SC as unconstitutional
54
What crisis helped to lead to the great depression?
Huge stock market crash large duststorms devastating crops
55
How did the views of the candidates differ at the 1932 presidential election?
Hoover- (Republican) left to states Roosevelt led to new deal coalition
56
Why is co-operative federalism also called marble cake federalism?
States have less Clear boundaries on where their powers lie
57
What did the 16th amendment do?
Power to lower income tax direct tax
58
How did the state and federal government co-operate to create jobs?
Spend money on welfare where Rosevelts administration would conduct the investment but the state would implement it
59
What are the differences between grants-in-aid, matching grants and categorical grants?
Grants in aid is money for nothing Matching grants is when the state must match the fed Categorical grants are grants of money often with strings attached
60
Why did categorical grants greatly improve the influence of the federal government?
gave the federal government influence over spending within the states
61
How did the SC views on segregation change from the 19th to 20th century?
The sc became more progressive and began to view the const as a living document
62
Why did th nullification debate remerge at the time of segregation debate?
The SC rejected that the states could ignore a judicial decision if the opposed it
63
What efforts were made to prevent minorities from voting?
Literacy tests, Poll tax, property requirements
64
What happened to the use of federal grants?
New programs to educate low income and low income families
65
What are medicare and medicade? Link to federalism?
Medicare- old age program to give healthcare to older pensioners Medicaid- Heath coverage for families below the poverty line
66
What are unfunded mandates and why are they contrershal?
impose const on the the state but didn't devolve funds for it
67
What period is referred to as coercive federalism and why?
lots of categorical grants shaping the discussion around the powers and actions of the states
68
Why did the GFS lead to growth in federal power and spending
American recovery and reinvestment act led to spending on inffrastructe and education and also health and welfare all spending in a co-operation with state governments
69
Why did the SC rule the expansion of medicaid to be unconstitutional?
because it was lots of money which states had to spend. in the end medicaid was optional and 27 states did adopt it
70
What is the individual mandate and why did the Supreme Court uphold it?
The individual mandate is a provision of the Affordable Care Act (ACA), also known as Obamacare, which required most Americans to have health insurance or pay a penalty. The idea was to ensure that more people would be covered by health insurance, which would help spread the risk and lower overall costs.
71
Why did federal law pre empt state law in US v. Arizona?
constitution is supreme and congress law which is supreme over state laws This decision reaffirmed the federal government's authority over immigration law and policy, emphasizing that states cannot enact their own immigration laws that conflict with federal statute
72
Why don't the States have to give full faith and credit to same sex marriages?
defence of marriage act states dont have to recognise marriages in other states
73
What criticisms were categorical grants received by the 1980's
by restricting what money can be spent where- are states really helping?
74
What was the SC's opinion on them in South Dakota v. Dole?
context- congress restricted funding by 10% if drinking age wasn't increased SC ruled this was constitutional
75
Which president's first supported a different form of federalism?
Nixon- supporter of new federalism Regan didndt
76
Why were revenue sharing programs and block grants examples of devolution?
the unconditioned funding led to a smaller state and the end of the era of big government
77
What is new federalism?
A style of government were there is a smaller government
78
What are unfunded mandates? How did congress try to limit them?
Where mandates and laws are put onto states with no accompanying funding
79
How were welfare programs influenced by new federalism?
aid to families with dependant children
80
Why could it be said that even the Supreme Court adopted new federalism?
The supreme court didn't strike down expansion of state govt
81
Why could it be argued that Bush brought about the end of new federalism?
expanded government through federal government and education and healthcare reform

US Government and Politics & Comparative (9 decks)

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