US Constitution & Federalism Flashcards
(48 cards)
1
Q
What are the features of the US Constitution?
A
- Codified
- Entrenched
- Vague
2
Q
How is the US Constitution codified?
A
- Written in a single document
- 7,000 words long
- Outlines the framework of government, the powers of each branch and the states.
3
Q
How is the US Constitution entrenched?
A
- Protected by law, and a formal amendment process.
- Needs 2/3 of vote in both houses and 3/4 of states for amendments.
- Article 5 outlines the amendment process.
4
Q
How is the US Constitution vague?
A
- It blends together language that is specific in some areas but very vague in others.
- This allows the constitution to be flexible and survive in changing circumstances.
- e.g. in Article 2, the President is given specific powers like ‘commander-in-chief’, but also granted ‘all executive powers’ without definition of what this means exactly.
5
Q
How is the Federal government set up in the Constitution?
A
Congress:
- Article 1
- Legislative branch
President:
- Article 2
- Executive branch
Supreme Court:
- Article 3
- Judicial branch
6
Q
What is the function of the legislative branch?
A
To create law
7
Q
What is the function of the executive branch?
A
To implement and enforce law
8
Q
What is the function of the judiciary branch?
A
To interpret law
9
Q
What are the key principles of the US Constitution?
A
- Separation of powers
- Checks and balances
- Federalism
- Limited government
- Bipartisanship
10
Q
What is the concept of separation of powers?
A
- Each branch of government has its own powers
- A person can only sit in one branch at a time
11
Q
What is the concept of checks and balances?
A
The power to oversee the actions of another branch, and prevent it from acting if necessary
12
Q
What is concept of federalism?
A
- The principle of ‘shared sovereignty’.
- The federal government and state governments each have their own areas of power.
13
Q
What is the concept of limited government?
A
Limits on the extent of governmental power, preventing it from becoming tyrannous or a dictatorship
14
Q
What is the concept of bipartisanship?
A
Trying to encourage political parties to work together
15
Q
What are the main checks by Congress on the president?
A
- Propose / amend / delay / reject / pass legislation
- Ratify treaties
- Ratify appointments
- Override presidential veto
- Declare war
- Sign the budget
- Impeachment
16
Q
What are the main checks by Congress on the Supreme Court?
A
- Ratify appointments
- Change the number of justice
- Propose constitutional amendments
17
Q
What are the main checks by the president on Congress?
A
- Commander in chief
- Veto
- Negotiate treaties / agreements
- Nomination
- Propose the budget
18
Q
What are the main checks by the president on the Supreme Court?
A
- Nominations
- Pardon
19
Q
How does the Supreme Court check the president?
A
Can declare actions of the president unconstitutional through judicial review
20
Q
How does the Supreme Court check Congress?
A
Can declare acts of Congress unconstitutional (judicial review)
21
Q
What is the amendment process for the US Constitution?
A
It is a two-stage process involving:
Proposal (Federal Stage):
- By 2/3 of each House of Congress, or
- By 2/3 of state legislatures calling for a national constitutional convention (never used).
Ratification (State Stage):
- By 3/4 of state legislatures, or
- By 3/4 of states holding ratifying conventions (used only once – 21st Amendment).
22
Q
What are some arguments in favour of the amendment process working?
A
- Prevents amendments on trivial issues or hasty amendments
- Supermajorities help to prevent tyranny of the majority
- Ensures broad support for an amendment
- The process has been used effectively
- Protects the rights of states
23
Q
What are some arguments against the amendment process working?
A
- The lengthy and difficult process means few amendments have passed.
- Allows for tyranny of the minority
- Lack of amendments gives power to the Supreme Court to interpret the Constitution.
- The process has failed, such as the 21st amendment repealing the 18th.
- Means the Constitution becomes outdated.
24
Q
What are the strengths of the constitution?
A
- Codification ensures clarity in rights and governance
- Prevents an overly powerful federal government
- Entrenchment prevents hasty amendments
- Amendment process allows it to be kept up to date
- Supreme Court can keep it up to date with interpretive amendments
- Powers of each branch are clear
- Its vagueness allows it to evolve and respond to crises
- Wide variation in state laws demonstrates independent power
25
What are the weaknesses of the constitution?
- Codification and a difficult amendment process have meant that aspects of the Constitution have become outdated
- The federal government has grown beyond its expected powers and challenged state rights
- Supreme court has become incredibly powerful in updating the Constitution but with little accountability
- Poor amendments have been created
- Branches of government have developed power beyond their enumerated powers and bypassed effective checks and balances.
- Supermajorities allow for minorities to be ignored.
26
How is the principle of separation of powers within the constitution effective?
Members of government have stepped down from one branch to take up a role in another, e.g Obama in 2008 from Senator to President.
27
How is the principle of separation of powers within the constitution ineffective?
Some powers have become less relevant over time, e.g. Congress' power to declare war is unlikely to be used in a nuclear age.
28
How is the principle of checks and balances within the constitution effective?
Presidents have been challenged by Congress, e.g. Congress refused Biden's legislation and raising the debt ceiling and a voting rights bill.
29
How is the principle of checks and balances within the constitution ineffective?
Loopholes have been used to work around the enumerated checks and balances, relying on implied powers instead, e.g. Biden used his executive power to put the US back in the Paris Climate agreement.
30
How is the principle of limited government within the constitution effective?
Federal government does have limitations on the extent of its power, e.g. in 2018-19 the US government shut down when Trump could not get funding for the border wall.
31
How is the principle of limited government within the constitution ineffective?
The federal government is incredibly powerful compared to the intent of the constitution, e.g $7 trillion budget, $5 trillion tax revenue
32
How is the principle of bipartisanship within the constitution effective?
Parties have demonstrated an ability to cooperate on controversial issues, e.g Emmet Till Antilynching Act 2022.
33
How is the principle of bipartisanship within the constitution ineffective?
In recent years, hyperpartisanship means that on big issues, parties can reach a stalemate, e.g the 2024 Border Act failed. Additionally, some bills are extremely one-sided, e.g 50vs50 in the Senate on the For the People Act 2021
34
How is the principle of federalism within the constitution effective?
States have a wide variety of laws on issues such as capital punishment, marijuana and voting. e.g 24 states have legalised recreational use of marijuana
35
How is the principle of federalism within the constitution ineffective?
The size and influence of the federal government can impinge on states. e.g 2025, Trump confronted the Governor of Maine and threatened her federal funding and career over not banning transgender men from competing in sports.
36
What is federalism?
The principle of shared sovereignty. In the US, this means that political power is shared between the branches of federal government and the states.
37
What are the federal government powers?
- To declare war
- To make treaties
- To coin money
- To establish a military
- To regulate interstate and foreign commerce
- To make all laws 'necessary and proper' to achieve their constitutional powers
38
What are the concurrent powers? (state & federal)
- To make constitutional amendments
- To levy taxes
- To establish courts
39
What are the state powers?
- To establish local governments
- To regulate elections
- To maintain a militia
- To assume powers not listed in the Constitution (10th Amendment), e.g regulating schools, professional licenses and intrastate commerce
40
What are some examples of issues between state and federal government?
- Marijuana is federally illegal but legal in 29 states.
- Some cities name themselves 'sanctuary cities' meaning they will limit their cooperation with federal immigration agencies.
- Following Dobbs v Jackson, Biden wanted Congess to pass national legislation protecting abortion and threatened to veto Congressional abortion bans.
41
What are some arguments in favour of the US being federal today?
- There is a wide difference in state policy on issues such as abortion, capital punishment and marijuana
- Elections vary widely between states.
- States can gerrymander their state boundaries, affecting the result of national elections.
- Taxes vary widely across the US
- State governments have challenged federal government rulings.
42
What are some arguments against the US being federal today?
- The federal government gets involved to regulate controversial issues through Supreme Court cases, congressional law and executive orders.
- New rights have been created at federal level such as same-sex marriage or healthcare.
- Congress has the right to levy tax at a national level (16th amendment)
- In a time of crisis, states rely on federal government, especially in times of financial hardship.
- The US Constitution is the supreme authority and gives a lot of power to federal government.
43
What are some arguments in favour of the US constitution holding up Representative Democracy?
- The House of Representatives and the Senate (following the 17th amendment) are directly elected by the people.
- Presidents are elected on their own mandate.
- Federalism allows for multiple levels of elections and wide political engagement.
- The power of the purse belongs to the House of Representatives, which represents the tax-payers
44
What are some arguments against the US constitution holding up Representative Democracy?
- The senate was unelected until 1913
- The electoral college makes the presidency an indirect election
- The electoral college and the equal allocation of senators allows for too much influence by a few, sparsely populated states.
- The Supreme Court is unelected but has the power to overrule elected branches.
45
What are some arguments in favour of the US constitution holding up Liberal Democracy?
- Separation of powers, checks and balances, and federalism should result in a limited government.
- Amendments have meant universal suffrage exists in the US today
- The Bill of Rights and the Supreme Court can protect the rights of citizens.
- The unelected nature of the Supreme Court helps to protect judicial independence and neutrality.
46
What are some arguments against the US constitution holding up Liberal Democracy?
- The federal government has grown substantially and can infringe of states' rights.
- The electoral college and the equal allocation of senators allows for too much influence by a few, sparsely populated states.
- Supermajorities allow tyranny of the majority over the minority
- The protection of rights has been challenged, including voter rights.
47
What are some positive impacts of the US Constitution on government?
- Should ensure compromise between parties on new legislation, ensuring scrutiny and broad appeal.
- Ensures that all voices across the US are represented and heard, including small states.
- Ensures that federal government is limited by state power and the neutral and independent role of the Supreme Court.
- Frequent elections ensure that the public is being well represented in government.
- The vagueness of the Constitution has allowed government to effectively react in times of crisis.
48
What are some negative impacts of the US Constitution on government?
- Can lead to gridlock and government shutdowns in which case the federal government is entirely ineffective for a period of time.
- Allows for a minority of states or population to have a large influence on policy-making.
- The politicisation of the Supreme Court raises questions over its ability to scrutinise federal government.
- Frequent elections lead to representatives focusing on the 'permanent election' over good governance.
- The vagueness of the constitution has allowed federal government to stretch the extent of its power too far.
