The Constitutional Framework of US Government Flashcards
(31 cards)
What is the US Constitution?
A codified, entrenched, and supreme document ratified in 1788 that outlines the structure, powers, and limits of the federal government.
Why is the Constitution considered entrenched?
- Because it can only be amended by a two-stage process requiring supermajorities
- 2/3 Congress, 3/4 states, making it deliberately hard to change.
Why is the US Constitution considered a ‘living document’?
- It evolves through judicial interpretation (e.g. Obergefell v. Hodges 2015)
- allowing flexibility without formal amendments.
How many amendments have been made to the Constitution?
- 27 since 1791
- shows stability but also inflexibility
- e.g. failed Equal Rights Amendment.
Give an example of an outdated element in the Constitution.
- The Electoral College
- a candidate can win the presidency without the popular vote
-Trump 2016
What is separation of powers?
- Division of government into three branches:
- executive (President)
- legislative (Congress)
- judiciary (Supreme Court)
- each acting independently.
Why was separation of powers important to the Founding Fathers?
- To avoid tyranny by preventing the concentration of power
Give a modern example of separation of powers.
- Congress makes laws
- Trump enforces them
- SCOTUS can strike them down
- e.g. Biden v. Nebraska 2023 – student loan plan ruled unconstitutional.
Criticism of separation of powers in practice?
- Can cause gridlock, especially in divided government
- (e.g. 2019 government shutdown under Trump).
What are checks and balances?
- Each branch has powers to restrain the others, ensuring no branch dominates.
Give 3 examples of checks and balances.
- President vetoes laws (Trump vetoed Iran War Powers Act 2020).
- Congress overrides vetoes or impeaches (Trump impeached twice).
- SCOTUS strikes down laws/actions (e.g. Dobbs v. Jackson 2022).
How does Congress check the President’s appointments?
- Senate confirms by majority vote
- e.g. Barrett confirmed 52–48 in 2020.
What check does the judiciary have over Congress and the President?
- Judicial review (Marbury v. Madison 1803)
- can declare actions unconstitutional.
Evaluate effectiveness of checks and balances today.
- While they prevent tyranny, polarization has weakened cooperation and partisan appointments (e.g. SCOTUS) reduce neutrality.
What is federalism?
A system where power is divided between national and state governments.
What constitutional clauses support federalism?
- 10th Amendment (states’ rights)
- Supremacy Clause (Art VI)
- Commerce Clause (Art I, Sec 8).
Example of states’ rights in action?
- Legalisation of marijuana in 38 states, despite federal ban.
What is ‘coercive federalism’?
- Federal gov pressures states via funding
- e.g. No Child Left Behind Act 2001 with education targets
Federalism in crisis: example?
- COVID-19 response
- states imposed varying restrictions
- sometimes against federal guidance
How can the Constitution be formally amended?
- 2/3 of Congress propose then 3/4 states ratify
- 2/3 states call a convention → 3/4 ratify (never used).
Why is the amendment process criticised?
- Too rigid – modern demands (gun control, voting reform) rarely succeed.
- ERA failed despite 35/38 states.
How is the Constitution adapted without amendment?
- Through SCOTUS interpretation .
Why has there been only 1 amendment since 1992?
- Political polarization and the high bar for passage make amendment nearly impossible.
What is the Bill of Rights?
- The first 10 amendments (1791) protecting individual liberties
