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The constitutional framework Flashcards

(44 cards)

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1
Q

Articles of confederation

A

Acted as the first US constitution. Officially gave the US power to lead war and manage territorial issues

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2
Q

Deceleration of Independence

A

Announced that 13 colonies considered themselves independent, sovereign states

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3
Q

What was the Tea Act

A

Removed taxes on tea entering Britain but left taxes on the colonies - it layed groundworks for the Declaration of Independence and eventually led to the US constitution

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4
Q

Federalism

A

When power is divided between state and federal government

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5
Q

What was the problem with the Articles of confederation.

A

Only created a legislative branch - so there was a leak of leadership as there was no executive branch (president) to provide direction and represent state as a whole. Neither was there a judicial branch

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6
Q

Philadelphia Convention 1787

A

55 delegates ment in Philly to produce a new constitution for the states.
‘The Founding Fathers’ wrote a codified constitution.

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7
Q

Codified constitution

A

collected and written on a single document.

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8
Q

What do Article I to III of the constitution outline

A

The main branches of govt.
- more powerful Congress
- executive led by president
- judicial branch with SC

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9
Q

The New Jersey plan

A

wanted to keep articles of confederation but strengthen congress. Supported by smaller states and smaller populations.

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10
Q

The Virginia plan

A

Wanted representation based on population size. Supported by larger states

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11
Q

The Connecticut compromise

A

That Congress would be a bicameral legislature (two houses)
- House of Reps (based on population size)
- Senate ( states represented equally) 100 seats - 2 per state

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12
Q

What two states rejected the constitution at first

A

Rhode Island and New Hampshire

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13
Q

What are federalists and anti-federalists

A

Federalists wanted a stronger federal govt
Anti-federalists wanted a stronger state govt - as they thought a federal govt would threaten individual rights

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14
Q

Bill of rights

A

A list of rights belonging to citizens. The first 10 amendments

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15
Q

Why did the founding fathers want the constitution to be difficult to amend

A

So that any changes would need widespread support from across the country.

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16
Q

How many stages were the amendment process ?

A

2 stages
- Proposing then ratification

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17
Q

How is an amendment of the constitution proposed

A
  • 2/3 supermajority vote in house of reps and senate
  • 2/3 state legislatures call for a national convention ( never been used)
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18
Q

What happens after the constitutionsn amendment has been proposed

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A

Must then be ratified by at least 3/4 of state legislatures OR 3/4 of ratifying conventions in each state

19
Q

First 5 amendments

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A
  • freedom of speech, religion
  • right to bear arms
  • protection against quartering troops
  • protection for unreasonable searches and seizures
  • protects the rights of ppl accused of a crime - Miranda rights
20
Q

Texas v Johnson

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A

SC ruled that burning the American flag was protected as ‘free speech’ after Johnson was charged with violating Texas law

21
Q

DC v Heller 2008

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A

SC rules that a law banning handguns in Washington DC was unconstitutional under the Second Amendment

22
Q

Miranda v Arizona

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A

SC ruled Mirandas confession could not be used as evidence as he has not been informed of his rights - MIRANDA RIGHTS

23
Q

Separation of powers

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A

Power separated into 3 branches to avoid tyranny and ant branch becoming too powerful

24
Q

What are the three different branches of govt

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A
  • Legislative ( CONGRESS)
  • Executive (PRESIDENT)
  • Judicial (SC)
25
What are checks and balances ?
Allows each branch to challenge each other, preventing any breach from becoming too powerful
26
State of Union Address
Late Jan or early Feb of each year the president appears before both Houses of Congress to deliver their state of union speech - includes the current condition of the country and legislation the want to pass over the year
27
Process of Presidents bill
- president proposes a bill and pressures congress. - must pass bill in both chambers - President must sign the bill - power of veto - Congress can override veto with 2/3 vote
28
Presidential checks on congress
- President can veto acts passed by congress - Presidents can issue executive orders - Can use commander-in-chief role to deploy US troops overseas
29
Congressional checks on the president
- Presidential veto can be overturned why supermajority in both houses - Congress has the power of the purse - Congress can decline to pass a legislation desired by the president - Can impeach the president & remove from office (only reps) w/ supermajority
30
What’s Congress power of the purse
All spending by the executive branch must be approved by Congress
31
Presidential checks on the courts
- the president nominated all federal justices - president can issue pardons to those convicted of federal crimes
32
Congressional checks on the courts
- Can impeach justices & remove from office - can overturn SC verdicts
33
Judicial checks on the Congress
- Can declare acts of Congress unconstitutional
34
Division of war powers
- President is ‘commander in chief’ - Congress had powers to declare war
35
What did Neustadt say about the separation of powers ?
the consistution is said to have created separation of powers. It did nothing is the sort. It created a system of separate institutions sharing power
36
What is federalism ?
Where power is divided between state and federal govts
37
What are enumerated powers ?
Powers that are listed in the constitution
38
What are reserved powers ?
State powers stated in the 10th amendment
39
What are concurrent powers ?
Powers belonging to the federal and state govts
40
What is the Supremacy Clause in article 6 ?
States that federal law is supreme over state law
41
What are implied powers ?
The constitution sates Congress can do anything necessary & proper to carry out its enumerated powers
42
What is duel federalism ?
The powers of the federal and state govt are clearly separated like layers of a cake
43
Due process clause
states cannot deprive citizens of life, liberty & property
44
Equal protection clause
All people will get equal protection of the law

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