US Constitution Flashcards
(47 cards)
Whne was the Modern US constitution drafted?
May 1787
What were the three main principles in the Constitution
1)Govt is by permission of the people
2) People have the right to remove a ‘bad’ govt
3) Importance of “inalienable rights” - “Life, Liberty and the pursuit of happiness”
The modern constitution Drawn up because the original confederacy of states was too weak in terms of a central government. Why was a strong government needed
A strong government was essential to dissuade an invasion by Britain
What was the Conneciticut Compromise and what was formed from it?
Opposed the ‘New Jersy Plan’ which would ave benefitted small populations
Instea the CC creates the Bicarmial system
- One according to population (House of Representatives)
- One represented equally (House of Senate)
In 1780s, the largest state was only 12x bigger in population than the smallest,
what is this figure now?
68x - Califronia + Wyoming
What article of the constituiton deals with relations between federal and state government?
Article 4
Which article deals with the role and power of the president?
article 2
Give three unique features of the US constitution
- Codified
- Separation of pwers (Judicial, executive, legislative) - UK = Fuision of Powers
- Written in the context of a ‘new country’ so bill of rights and power to the people; 2nd amendment
What is the philosophy behind popular sovereignty ?
People are source of any power - govt can only exist becasue of its people
what does mean ‘pluribus anum’
What is it in reference to
“out of many, one”
out of the Articles of Confederation comes the United State
What separates the UK and the US Supreme Court regarding Judicial review?
UK, declares declaration of incompatibility and could be ignored - US can use Judicial review to completely judge actions as unconstitional, therefore null and void
What judicial review case reverses racial segregation?
1954 - ‘Brown v Board of Education of Topka’
Which amendment states the “right to bear arms”
The Second Amendment
Which amendment includes the right to a fair trial?
The Fifth Amendment
What are the “Civil War Amendments” ?
the 13th, 14th and 15th amendments which collectively gives slaves eqaul rights and the right to vote
Which is the only amendment to amend a former amendment
18th - Proibition - 1919
21st - Prohibtion - 1933
3 famous cases of informal amednments
1) Roe .v Wade (abortion) 2022
2) DC v Heller (gun control) 2008
3) Obergefell vs Hodges (gay marriage) 2015
What is the exception to the rule of Separation of powers
The Vice-President is the President of the Senate an is the only person with the ability to cast a tie-breaking vote in the Senate
Kamala Harris was with 50-50
now 51-50
Give an example of Separation of Powers in action
When Obama became president, he had to resign from the Senate
Give three examples of Separation of Power being ffective in the US?
- Each branch is checked by the other two
- No one person can sit in both Congress and Legislature - Clinton resigns as Seantor for NY when she becomes secretary of state
- Prevents an’elective dictaroship’; UK PM has too much power?
An example of Separation of Power as being flawed
VP (executive) also is the ‘senate president (legislature) and has the casting vote in the event of a tie - Kamala Harris uses this power as there is a 50/50 split - will remain the same in the 2022/24 congress
Give an example of an executive check on the Judiciary
The president nominates all federal justices including, when there is a vacancy, to the supreme court
Give an example of an executive check on the Legislature
Presidents can use ‘Pocket Vetos’ to not sign bills from Congress - last prson to use this is Bill Clinton
Give an example of a Judiciary check on the executive
The courts can rule presidential actions unconstitutional and therefore illegal
United States v. Windsor, the Supreme Court ruled that the 1996 Defense of Marriage Act (DOMA) was unconstitutional. In a 5 to 4 vote,protecting the rights of gays and lesbians.
