The Nature of the Constitution

Question 1

What are the three stages of the USA’s move to federalism?

Answer 1

unitary –> confederal –> federal

Question 2

When do the 13 colonies declare independence from the UK?

Answer 2

1776

Question 3

When was the war of independence with the UK?

Answer 3

1776-1783

Question 4

When do the newly independent colonies establish a confederacy?

Answer 4

1781

Question 5

Describe the confederacy?

Answer 5

Firm league of friendship rather than a formula for government

Question 6

where does almost all power rest in the article of confederation?

Answer 6

states rather than federal government

Question 7

What could federal government not do under the article of confederacy?

Answer 7

Collect taxes

Question 8

What happened in 1787?

Answer 8

As the article of confederacy have been so bad, the Philadelphia convention convenes to draw up a new constitution

Question 9

How many people are at the Philadelphia convention in 1787?

Answer 9

55

Question 10

What is the aim of the constitution?

Answer 10

To get everyone to sign it

Question 11

The constitution seeks to balance government and democracy how?

Answer 11

Not too much government but not too much democracy

Question 12

Big states favoured what plan for the constitution?

Answer 12

Virginia plan

Question 13

Small states favoured what plan for the constitution?

Answer 13

New Jersey Plan

Question 14

The gridlock between the Virginia plan and the new jersey plan was resolved by which compromise?

Answer 14

Connecticut compromise

Question 15

What does the Connecticut compromise recommend?

Answer 15

That the national legislature should be made up of two houses. In the lower house the states would have representation proportional to their population, whoever in the upper houses states would have equal representation regardless of their size.

Question 16

How is the battle between having an appointed president and a democratically elected president resolved?

Answer 16

Having the president indirectly elected through the electoral college

Question 17

what is a codified constitution?

Answer 17

A constitution that consists of a a full and authoritative set of rule written down in one place

Question 18

Despite being codified, how does it permit evolution?

Answer 18

Deliberately vague phrases

Question 19

What two deliberately vague phrases have allowed the federal government to expand significantly over time?

Answer 19

1) general welfare clause

2) necessary and proper clause

Question 20

Despite a deliberately complicated amendment process, the constitution has been changed drastically, such as through what amendment and which ability?

Answer 20

1913 16th amendment allowing federal government to collect income tax
interpretive amendments by the Supreme Court’s power for judicial review

Question 21

Give four areas of government practice that the Constitution doesn’t cover

Answer 21

1) presidential and congressional primaries
2) President’s cabinet
3) Executive office of the president
4) SC power of judicial review

Question 22

Through the separation of powers, the three branches of government are required to act both what?

Answer 22

Interdependently and independently

Question 23

To promote the separation of powers, the three branches of government are four things:

Answer 23

1) Separate yet co-equal
2) Sperate in terms of personnel
3) Operate checks and balances on one another
4) Promote the sought-after ‘limited government’

Question 24

What is limited government?

Answer 24

The principle that the size and scope of the federal government should be limited to that only which is necessary for the common good of the people

Question 25

What did Thomas Jefferson say about limited government?

Answer 25

"Government is best when it governs least"

Question 26

The Separation of powers should really be called what?

Answer 26

The separation of personnel

Question 27

The separation of personnel was integral to what idea?

Answer 27

that tyranny should be avoided at all costs

Question 28

As part of the separation of personnel, what can no one be?

Answer 28

A member of more than one branch of government at the same time

Question 29

As part of the separation of personnel, no one can be a member of more than one branch of government at once, so what happened in January 2009?

Answer 29

Obama and Biden resign from the Senate to become President and VP Hillary Clinton resigned from the senate to become Secretary of State

Question 30

As part of the separation of personnel, no one can be a member of more than one branch of government at once, so what happened in 2010?

Answer 30

Elena Kagan resigned form the executive post of solicitor general to become a SC justice

Question 31

What is the system of checks and balances?

Answer 31

A system of government where each branch of government operate control over the other branches of government

Question 32

What can checks and balances encourage?

Answer 32

Bi-partisanship

Question 33

How can checks and balances encourage bi-partisanship?

Answer 33

Stuff only works, budgets only pass when both sides work together

Question 34

Instead of separation of power and operation of personnel, how can it really be described?

Answer 34

Separate institutions sharing power, i.e. checks and balances

Question 35

As the legislative branch checking on the executive, what can congress do to the president's legislation?

Answer 35

Amend, delay, reject

Question 36

As the legislative branch checking on the executive, what can congress do to the president's veto?

Answer 36

Override with a super-majority

Question 37

As the legislative branch checking on the executive, what does congress control?

Answer 37

budget

Question 38

As the legislative branch checking on the executive, what does the senate confirm?

Answer 38

Presidential position nominations

Question 39

As the legislative branch checking on the executive, what does the senate ratify?

Answer 39

Any treaty made by the President

Question 40

As the legislative branch checking on the executive, the senate has the sole power to do what?

Answer 40

Declare war

Question 41

As the legislative branch checking on the executive, what does congress have the power to investigate?

Answer 41

the president's actions such as Bush's national security actions

Question 42

As the legislative branch checking on the executive, what can congress do to any member of the executive branch, including the president themselves?

Answer 42

Impeachment, trial and removal from office

Question 43

An example of the legislative branch checking the executive branch, when have they used their powers of impeachment and trial to investigate a president?

Answer 43

Johnson 1968 and Clinton 19998, with found not guilty

Question 44

An example of the legislative branch checking the executive branch, who resigned before he could be impeached?

Answer 44

Nixon

Question 45

An example of the legislative branch checking the judiciary, what does the senate have the sole power to dod to appointments?

Answer 45

Confirm

Question 46

An example of the legislative branch checking the judiciary, what does congress have the power to initiate?

Answer 46

Consitutional amendments

Question 47

Give an example of when the legislative branch has checked the judiciary by initiating a consitutional amendment

Answer 47

Supreme Court had ruled that it was unconstitutional for Federal government to collect tax. They then initiated the 16th amendment giving them the power to do that

Question 48

An example of the legislative branch checking the judiciary, what does congress have the power to do to members of the judiciary?

Answer 48

Impeach, trial and removal form the office of any member of the judiciary

Question 49

Give example of the legislative branch checking the judiciary by removing them from office

Answer 49

Between 1986-89 Congress removed 3 federal judges for tax evasion, bribery and perjury

Question 50

What are the three ways that the president checks the legislature?

Answer 50

1) Recommend legislation 2) Veto legislation 3) Call congress to special session

Question 51

What are the 2 ways that the president checks the judiciary?

Answer 51

1) Presidential Pardon | 2) Appoint judges

Question 52

What is the only way that the judiciary checks on the legislature?

Answer 52

Power to declare acts of congress unconstitutional

Question 53

What is the only way that the judiciary checks on the president and executive?

Answer 53

More judicial review - power to declare executive and presidential actions unconstitutional

Question 54

Give an example of the judiciary checking on the executive

Answer 54

USA vs Nixon 1974 where he was ordered to hand over the watergate tapes

Question 55

What is the third consitutional principle?

Answer 55

Federal division of powers

Question 56

What does the principle of the federal division of powers use?

Answer 56

Decentralisation

Question 57

What is decentralisation?

Answer 57

The principle by which powers are vested int he state governments as well as the federal governments

Question 58

Why is decentralisation appropriate for the USA?

Answer 58

The country is large and diverse, so this allows for both national unity and regional diversity

Question 59

How does the 10th amendment help to define the federalist system?

Answer 59

It states that all remaining powers are reserved to "the states and to the people"

Question 60

What are four exclusive powers of the national government?

Answer 60

1) coin money 2) Negotiate treaties 3) tax imports and exports 4) Maintain troops in peacetime

Question 61

what are some state RIGHTS that are guaranteed?

Answer 61

Equal senate representation, borders not change without their permission, constitution cannot be changed without ¾ of their agreement

Question 62

Give an example of a state responsibility?

Answer 62

Each state must recognise other states' laws such as by returning fugitives

Question 63

What has allowed the concept of federalism to evolve so much?

Answer 63

The failure of the constitution to clearly define the boundary and relations between state and federal powers