US Constitution Flashcards
(35 cards)
Who influenced the ideas of the US constitution?
French philosopher Montenesquieu
What are the key principles of the US constitution?
- Avoid tyranny - different branches of govt
- Checks and balances - president can veto, congress can impeach
- Original sets out powers of branches
- Protection of individual rights in BIll of Rights
What was the US constitution a compromise between?
Federalists e.g. Hamilton, more power with states e.g. Jefferson
Large states e.g. Virginia, small states e.g. Rhode Island
Slave + non-slave states - 3/5 of person to calculate representation
What was the intended vision for the constitution?
- Different branches co-operate
- No one branch too powerful
- Representative govt not democratic - suspicion of mob rule
- Permanent/longlasting
What powers does the President have?
- Commander in chief
- Oversees foreign policy/relations
- In charge of federal bureaucracy
- Issue pardons
- Nominates federal judges
- Suggest laws to congres/veto
BUT cannot sit in Congress
What is the role of Congress?
- Pass laws/raise taxes
- Confirm presidential appointments
- Ratify treaties
- Impeach president
BUT cannot serve in govt e.g. Deb Haaland had to resign when appointed by Joe Biden
What is the role of the supreme court?
- Interpret constitution
- Ensure actions of Congress/president in accordance with constitution
- “Strike down” laws/actions
What are some exceptions to the seperation of powers?
- VP is also president of Senate/casting vote in tie
- Power of pardon for president is judicial power
- Control/deployment of armed forces: congres had to authorise declaration of war
What are the checks and balances that the President can do? (3)
- Veto acts passed by Congress
- Appoints head of govt departments/federal judges
- In Charge of armed forces
What is an example of a check on the Presidents power to veto?
January 2021 - Congress overrode Trump’s veto of defence spending bill
What is an example of a check on the President’s power to appoint federal judges?
1987 - Senate rejected Robert Bork for SCOTUS
What is an example of a check on the President being in charge of the armed forces?
2022 - Iraq Resolution - allow Bush to undertake military action
What are the checks and balance powers held by Congress? (3)
- Pass laws/resolutions
- Impeachment
- Ratify treaties
What is an example of where the power of Congress to pass laws has been checked?
Trump vetoed resolution to end declaration of national emergency on Mexico border
What is an example of where the power of impeachment failed?
Failed to impeach Trump in 2019/2021, failed Clinton in 1999
What is an example of where the power to ratify treaties was ignored?
Nuclear deal with Iran 2015 made by Obama without approval, 2018 Trump withdrew without Congress
What are the checking/balancing powers held by SCOTUS?
- Strike down laws (unconstitutional)
- Judges cannot be removed + life tenure
What is an example of where the constitution was changed to allow taxation?
13th amendment - earlier case Pollock v Farmers’ Loan & Trust Co declared income tax unconstitutional
What is an example of the balancing power of judge’s life tenure failing?
FDR tried to pack Supreme Court when it struck down New Deal programmes - but refused to back by Congress
What is the 10th amendment?
Powers not held by federal govt reside with states
What powers are held by the states?
- Local taxes - sales tax/property
- Election process - primaries/caucuses
- Death penalty
What are some examples of where laws have clashed across states?
- 59s0s/60s - cons states = resisted desegregation
- More recent - liberal states e.g. San Franciso opposed Trump’s demands to deport illegal immigrants
- Under Biden - some Republican states e.g. Florida passed bills restricting discussion of LGBTQ in schools
What are some examples of where federal and state law has clashed?
Federal law = prohibits cultivation/sale of marijuana BUT legalised in states e.g. California
How many constitutional amendents is there?
27
