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A Level Politics Component 3 > 1. Constitution and Federalism > Flashcards

1. Constitution and Federalism Flashcards

1
Q

What is the origin of the constitution and how it came into being?

A
  • 13 colonies rebelled against Britain during the War of Independence
  • 1776 - Declaration of Independence
  • 1781-1787 - Articles of Confederation
  • 1787 - Philadelphia Convention agrees a Federal Constitution
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2
Q

In 1787 who was applicable to the constitution?

A
  • Only applicable to white men
  • Women weren’t guaranteed any rights under it
  • Black people were considered ⅗ of a human because of slavery that existed in the south they wanted to come up with a formula to treat black people
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3
Q

What was made sure of in the 1787 constitution?

A

That this was a completely secular constitution and was made sure that there was complete religious toleration and freedom

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4
Q

What were the 4 primary purposes of constitution?

A
  • Democracy - Every citizen is equal, everybody should have a say. Every man has a right to vote
  • Functionality - Everyone can understand, not too complicated
  • Practicality - Make it workable
  • Defence against tyranny - No power institution should dominate, hence the separation of powers
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5
Q

What did the first four original articles deal with?

A

The key institutions of government: Congress, Presidency, Supreme Court and the states

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6
Q

What does Article. V deal with?

A

The amendment process

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7
Q

What was Article VI?

A
  • Supremacy Clause
  • Establishes the Constitution as the highest law in the land
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8
Q

What is Article VII?

A

The ratification process

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9
Q

How many amendments has there been since the Constitution’s inception?

A

There has only been 27 amendments

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10
Q

What did the first 10 amendments deal with?

A

Individual rights and are known as The Bill of Rights (1791)

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11
Q

What are constitutional rights and their primary purpose?

A
  • Every US citizen is protected by these first ten amendments to the constitution
  • The primary purpose of the Bill of Rights was to established the uSA as the first modern democracy where EVERY citizen was guaranteed their ‘God given and natural rights by LAW’
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12
Q

What were the 13, 14 and 15th amendments?

A
  • Ratified 1865-1870.
  • The civil war amendments end slavery (13th)
  • Provide equal treatment to all citizens regardless of race (14th)
  • Give people the vote regardless of ‘race, colour or previous servitude’ (15th)
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13
Q

What was the 19th amendment?

A
  • Ratified 1920.
  • Gives women the vote
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14
Q

What was the 18th and 21st amendments?

A
  • Ratified in 1919 and 1933.
  • The first of these amendments prohibits the manufacture or sale of alcohol which is then repealed by the later amendment
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15
Q

What are the first 10 amendments?

A

1st - Freedom of expression and religion
2nd - The right to bear arms
3rd - Quartering of soldiers
4th - No unreasonable searches or seizures of people or property
5th - protection against double jeopardy and self-incrimination (ensures due process of law and just compensation)
6th - Right to a fair trial
7th -
8th - Right to provide freedom from cruel and unusual punishment
9th -
10th - right of the states to have reserved powers, as opposed to the federal government

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16
Q

What is codification?

A

A single written document containing all of the constitutional rules and principles

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17
Q

What does the constitution being codified mean?

A

It was written all in one document

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18
Q

What 3 things are the constitution and the meaning of them?

A
  • Authoritative, meaning is higher than any ordinary law and all political institutions must follow it
  • Entrenched, meaning it’s hard to amend or abolish
  • Judicable, meaning other laws can be judged against it as constitutional or not
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19
Q

Why was an amendment process allowed?

A

Because the Constitution is deliberately vague which is why the Founding Fathers allowed for an amendment process , assuming society would change over time and also in relation to

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20
Q

Why was the Gun-Free Schools Act created and how did it fail?

A

It created a gun free zone around schools where guns aren’t allowed to make it more safe - it was declared unconstitutional as it opposed the 2nd amendment

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21
Q

What does it mean if powers are enumerated?

A

Each branch of government is given explicit powers within the constitution

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22
Q

What may Congress do if a power or ability to do something is not specifically defined or outlined in the constitution?

A

Decide to assume action or responsibility e.g. Affordable Healthcare (ACA, ‘Obamacare’)

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23
Q

What does it mean if powers are implied?

A

They arent expressively written down but are needed to perform an enumerated power as suggested by the wording

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24
Q

What is the main reason why there’s opposition to powers being Implied?

A

Republicans believed that this was a state matter and that Congress was exceeding its authority (ultra vires)

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25
Q

What can Congress do to make sure they achieve goals?

A

If they can make the argument that there are no other ways that the goal can be achieved and be successful then they can take the necessary actions to achieve this

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26
Q

What are the three main concerns associated with the vagueness of the constitution?

A
  • The constitution could fail to regulate political practice
  • The Supreme Court could become too powerful
  • There could be significant conflict
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27
Q

Why is the possibility of the constitution failing to regulate political practice because of vagueness be a concern?

A

The Constitution is meant to regulate politicians and set the rules of the political game. The vagueness of the Constitution can undermine its authority

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28
Q

Why is the possibility of the Supreme Court becoming too powerful because of vagueness be a concern?

A
  • Because the vagueness of constitution allows individual justices to apply their own ideologies when ruling on a case
  • Each of the nine justices is associated with a particular ideology, consistently ruling with a clear bias
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29
Q

Why is the possibility of their being significant conflict because of vagueness be a concern?

A

The lack clarity leads to strong disputes, with each side claiming that their particular view of the Constitution is more legitimate.

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30
Q

What is the ‘Necessary and proper clause’?

A

A clause within Article I of the Constitution which allows Congress to imply any powers which are necessary for it to be able to carry out the enumerated powers (elastic clause)

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31
Q

What are the two stages of the amendment process?

A

Proposal and ratification

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32
Q

How does the proposal stage of the amendment process work?

A
  • Can either happen when an amendment is proposed by a ⅔’s majority in both houses of congress,
  • Or by a national convention called by congress at the request of ⅔’s of state legislatures
  • This is hard because of the democrats and republicans and they would need cross party support
33
Q

How does the ratification stage of the amendment process work?

A

Amendment is then ratified by ¾’s of state legislatures or by ¾’s of the state conventions

34
Q

What is an example of a proposal that passed Congress but failed to receive state support (amendment process)??

A

Equal Rights Amendment (1982)

35
Q

What is an example of a proposal that failed to reach the 2/3’s majority in each chamber (amendment process)?

A

The Federal Marriage Amendment (several times in the 2000’s)

36
Q

What are the advantages of the formal process?

A
  • Protects key principles of political processes - Some political principles are so important that it should be difficult to change them.
  • Protects states and upholds federalism - The US has a tradition of respect for states’ rights, and entrenchment helps to maintain this
  • Prevents abuse of power - An entrenched Constitution stops an individual from one political party changing constitutional rules for their own benefit
  • Prevents ill-thought-through amendments - The amendment process involves several institutions and requires cross-party agreement which prevents short-term or irrational thinking entering the Constitution
37
Q

What are the disadvantages of the formal process?

A
  • Difficult to remove outdated aspects - When a part of the constitution is outdated or unpopular, it is difficult get wide support to make necessary changes
  • Difficult to incorporate new ideas - Its difficult to incorporate new ideas due to the entrenched nature of the constitution
  • Amendment process is undemocratic - The amendment procedure goes against the concept of majoritarian democracy
  • Gives the Supreme Court excessive power - Entrenchment allows nine unelected judges to have the final say on key issues of institutional power and human rights. Rulings by Supreme Court justices are extraordinary difficult to overturn, rendering their word final.
38
Q

Under the ‘separation of powers’ what power does the ‘Executive’ have?

A
  • Enforces law
  • Commander in chief of armed forces
  • Makes foreign treaties
  • Proposes laws
  • Appoints Supreme Court justices and federal court judges
  • Pardons those convicted in federal court
39
Q

Under the ‘separation of powers’ what power does the ‘Legislative’ have?

A
  • Passes federal laws
  • Controls federal appropriations
  • Approves treaties and presidential appointments
  • Regulates interstate commerce
  • Establishes lower court system
40
Q

Under the ‘separation of powers’ what power does the ‘Judicial’ have?

A
  • Reviews lower court decisions
  • Decides constitutionally of laws
  • Decides cases involving disputes between states
41
Q

How does federalism work?

A
  • There are two systems of government in the US - federal, which covers the entire nation (President, Congress and Supreme Court) and state, where each state is like a mini-version of the country as a whole with a Governor, a state legislature (usually made up of two chambers and acts as the sort of ‘congress’ in the state) and a state supreme court
  • Each state also has its own state constitution
  • States have a substantial amount of control over their own affairs but since the constitution is unclear on the details of federalism, the power of the federal government has grown over the years in matters of economic and social policy
42
Q

Who are examples of federalists and anti-federalists?

A
  • The anti federalists (e.g. George Washington) wanted a centralised government in the early stages mostly representing the urban and business interests
  • On the other hand you have the federalists (e.g. Benjamin Franklin) they represent the agriculture and land owning interests
43
Q

Why is there ‘separation of powers’?

A
  • Divides different powers among three branches of government
  • Prevents one branch from gaining too much power
  • Legislative, Judicial, and Executive branches have their own unique powers
  • It is not possible to be a member of the more than one branch of government
  • The key idea is that power is shared
44
Q

What does ‘checks and balances mean’?

A
  • Each branch has powers that allows them to check up on the other branches
  • Prevents branches from abusing their powers
  • Preserves the separation of powers
  • Requires cooperation between the branches of government
45
Q

What can the legislative Branch (House and Senate) do?

A
  • Can override a presidential veto
  • Can impeach and remove the president
  • Ratifies presidential appointments
  • Authorizes/ appropriates funds for legislation
  • Checks on the judiciary
  • Can impeach and remove judges
  • Confirms federal judges
46
Q

What can the Executive Branch (President and Cabinet) do?

A
  • Proposes legislation (laws)
  • Vetoes legislation (laws)
  • Makes treaties w/ foreign countries
  • Checks on the judiciary
  • Appoints federal judges
  • Enforces court decisions
47
Q

What can the Judicial Branch (Supreme Court and Lower Courts) do?

A
  • Reviews executive decisions
  • Checks on Congress
  • Reviews congressional laws (court does not decide appeals they get to hear)
  • Judicial Review (executive and legislative)
  • Supreme Court Justices appointed for life
48
Q

What is Bipartisanship?

A

An agreement or cooperation (finding common ground) between two political parties that usually oppose each other’s policies.

49
Q

Why is Bipartisanship used with political parties?

A
  • The principle of separation of powers means that the different branches of government are frequently controlled by different political parties - divided government
  • Even when this is not the case, the two parties (Democrats and Republicans) often have to try and work together to find compromises in order to achieve super-majorities needed for amendments or for the Senate to ratify treaties
  • Given the level of polarisation between the two main parties in the last few years, this has become increasingly difficult particularly where passing budgets is concerned
50
Q

How is there a limited government?

A
  • Because of the system of checks and balances and the separation of powers, the government cannot simply impose its will on citizens
  • The Bill of Rights also makes sure that citizens’ rights cannot be eroded by the government either
  • Conservatives and libertarians have been critical of ‘big government’ and the tendency of the federal government to expand its power in the area of economic and social policy in recent years. e.g. ‘Obamacare’
51
Q

What sovereignty did the Constitution give the federal government?

A
  • To declare war
  • To make treaties
  • To coin money
  • To establish/maintain a military
  • To regulate interstate and foreign commerce
  • To make all laws ‘necessary and proper’ to achieve their constitutional powers
52
Q

What sovereignty did the Constitution give the state?

A
  • To establish local government
  • To regulate elections
  • To maintain a militia
  • To assume powers not listed in the Constitution (10th amendment), e.g. regulating schools, professional licences and intrastate commerce
53
Q

What are the shared powers (sovereignty) of the federal government and state?

A
  • To make constitutional amendments
  • To levy (collect) taxes
  • To establish courts
  • Borrow money
  • Punish criminals
54
Q

How is the power of states protected and how can amendments be changed to their power?

A
  • Protected by the constitution
  • Any amendments to state power can only be made possible with a ⅔’s majority consent from all of the states
55
Q

How does power work between different states?

A

All states have an equal level of power: they are all free to set their own tax rate or determine their own electoral rules, but they all have the same degree of decision-making power

56
Q

What’s something problematic states can do and why?

A
  • Can set their own electoral rules
  • Problematic in some places cause what happens particularly in the southern states Shelby v holder they can gerrymander juristic boundaries
57
Q

What was the constitutions original plan for federal government power and how has it changed over the years?

A
  • Originally intended to limit its power to foreign policy and coining money, but its power has grown over the years
  • Since the 1929 economic crash and Roosevelt’s New Deal, the power of federal government has increased at the expense of state power. There are now many more shared responsibilities between federal and state governments
  • The federal government makes grants available to states particularly if they want them to pursue particular policy goals. E.g. Obama’s ‘Race to the top’ education initiative in 2009
  • The federal government can also try and force states to comply - federal mandates. These can be occasionally be successfully challenged by the states. Shelby v Holder 2013 and the Voting Rights Act, North Carolina transgender bathrooms issue
58
Q

What are the legal consequences of federalism?

A
  • State laws vary across the country
  • Marijuana can now be prescribed for recreational use in California and has recently been legalised in Colorado and Washington state also
  • Oregon permits doctor assisted suicide
  • Same sex marriage was on the books in most of the north eastern states, but explicitly banned in most other states. However same-sex marriage has been legal nationwide since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that state-level bans on same-sex marriage are unconstitutional
  • Abortion law - In some states like Pennsylvania, parental or guardian notification must take place before an abortion is carried out. In states like Mississippi, state laws designed to make it awkward and difficult for abortion clinics to stay open, have led to the closure of all but one abortion clinic in the state
59
Q

What are policy consequences of federalism?

A
  • Individual states can enact policy initiatives that are closely watch by other states to see how they work out
  • Anti-affirmative action initiatives have been enacted in some states, notably Arizona in 2010. 8 states have now banned affirmative action, most recently Oklahoma in 2012. The Supreme Court ruled in April 2014 that state bans on affirmative action were legal and constitutional
  • E.g. (Fisher v University of Texas) - Took them to court because she got rejected from the University but had all the necessary entry requirmeents and gave it to someone of colout that slightly missed the requirements)
60
Q

What is ‘Affirmative action’?

A

A policy that helps people from disadvantaged or underrepresented groups get better opportunities in education and jobs. It aims to make society more fair and diverse by giving a boost to those who faced discrimination in the past

61
Q

What are the consequences for political parties in federalism?

A
  • Parties in America are not bound by centralised structures, one leader and a common policy platform or manifesto as they are in the UK
  • The main parties, Republican and Democrat, each have their own state branches, but these organisations are mostly involved in fund raising, admin and organising elections
  • This means that it is up to every candidate to decide their own policy positions. A Republican from a northern liberal state like Vermont for instance might have a very different political outlook than his party colleague from Mississippi
  • In some cases Republicans from northern states actually have more in common with Democrats from southern states!
  • In recent years however, the parties have become more polarised over issues like abortion and gun control, therefore regional differences within parties are less pronounced
62
Q

What are examples of party members that relate to the consequences for political parties in federalism?

A
  • Joe Manchin - Maine - republican in democrat party
    He believes in Pro life and is
    Critical of Trump
  • Lise Mukowski - Alaska - moderate republican
63
Q

What are the political consequences of federalism?

A
  • There is no one national system of elections for the whole country. All elections are state based, including presidential elections (every state conducts elections in their own way)
  • There are a complexity of rules and regulations about how candidates are chosen, how their names go onto the ballot papers and how voting is conducted
  • In some states, a criminal record can deny you the right to vote, such as in Florida
  • Some states have experimented with e-voting, others, like Montana, a huge, but sparsely populated state, with entirely postal voting
64
Q

What are the economic and regional consequences of federalism?

A
  • The amount of federal grants to states varies according to population and size
  • Takes vary from state, as they do even from city to city
  • Regional differences in the US are profound. E.g. There are massive differences between , Hawaii and Alaska, hence the need for a federal system as a ‘one size fits all’ model would be unworkable
65
Q

What is the extent of democracy within the constitution?

A
  • Elections - free and fair, held regularly. Issues however with the electoral college system, Shelby v Holder
  • Check and balances - mostly works well, although political differences can make life difficult. Issues with Obama’s attempts at immigration reform, appointment of a new Supreme Court justice as well as the lack of restraint on the current Republican congress on Trump
  • Right protection. Mostly upheld, Civil Rights Act, Hodges v Obergefell, although can also be threatened, Shelby
66
Q

What is the liberal view of federalism and the argument about conservatives involvement?

A
  • If you’re on the left, you tend to see a strong federal government as a force for good e.g. (Bernie Right reform from the banks 2008)
  • Liberals argue that the conservative nature of the constitution prevents any meaningful reform and protects vested interests. E.g. failure of Bernie Sanders’ attempts at banking reform in the wake of the financial crash
67
Q

What is the difference between majoritarian and pluralist democracy?

A
  • The majority gets what the majority wants and the government is centralised where it maximises the power of the people by giving the largest group what they have voted for.
  • However, in contrast, the ‘pluralist’ principle sees majoritarian democracy as over-simplistic and instead there is an attempt to base policies on a compromise of different views and interests
68
Q

How do liberals and conservatives emphasis differ on different parts of the constitution?

A

Liberals see it as something that should be used to pursue social justice whereas conservatives prefer it to uphold tradition

69
Q

What are loose constructionists and strict constructionists (literalists)?

A
  • Loose constructionist - … tended to be on the progressive centre left e.g. Elena Kagan
  • Strict constructionist (literalists) - Have a very particular view on the constitution and interpreting it literally e.g. Clarence Thomas
70
Q

What are the positive impacts the Constitution has had on the US government?

A
  • Frequent elections
  • Check and balances
  • Powerful Supreme Court
  • Amendment process
  • Vagueness allows necessary change
  • States are well protected
71
Q

What are the negative impacts the Constitution has had on the US government?

A
  • Electoral college
  • Policy-making can be difficult
  • Supreme Court can make policy
  • Process can be too difficult
  • Create loopholes
  • Federal government can still dominate
72
Q

How federal does the US remain?

A
  • States still have a high degree of power such as setting their own tax rates (Sales tax - Montana 0%, California 7.5%) and things like marijuana
  • Others argue that the power of the federal government has grown too much. Clean Air Act 1970 and the Affordable Healthcare Act 2010 which requires all states to set up health exchanges to ensure that everyone has insurance
  • In places like Sweden their tax take is around 60% but they put in and do a lot of things whereas the US is the opposite
73
Q

What are examples of policies/initiatives created showing federalism still present in the US?

A
  • No child left behind policy - George Bush was for boosting literacy and numeracy rates
  • Race to the top - Obama initiative - to target struggling groups
  • Environmental Protection Agency (EPA) - executive agency set up in the 70s which is meant to enforce environmental regulation across the US but particularly when Donald Trump was president it took a big step back and at one point just became a website and was not doing anything to help and stopped pushing act e.g. Clean Air, etc.
74
Q

How do liberals and conservatives differ on views/debates on federalism?

A
  • The conflict over transgender bathroom laws shows division. North Carolina restricted transgender individuals from using bathrooms of their adopted gender, and New York State took the opposite approach, providing legal protections
  • In 2017, 14 states had restrictive laws while many others were in the process of passing such laws. (Can be seen as federalism in action with a diversity of state laws)
  • When in office, Obama had attempted to place restrictions on states by threatening to withhold federal education funding if discriminatory practice was present.
  • On the other hand, President Trump lifted all attempts at federal regulations on the issue. He argued that he was not opposed to transgender rights, but that this was a states’ rights issue
  • Liberals criticise the states’ rights argument as an excuse to restrict civil rights. Typically they have been supportive of greater centralisation of state power. Many central government controls have had liberal goals, which have typically promoted the interests of poorer sections of society, racial minorities or individual liberty. They calm this doesn’t destroy the concept of federalism as states are still free to pursue a huge range of policies for themselves
  • Conservatives have tended to resist such programmes, claiming that they restrict federalism
  • On moral issues such as abortion, gun control or gay rights, conservatives will typically oppose federal standards, arguing that it should be a state’s responsibility to choose. Conservatives often criticise such interventions as a limit to states’ rights. The conservative case argues that the intent of the Founding Fathers and the fundamental meaning of the Constitution are being ignored
75
Q

What can the Federal government not do under the commerce clause of the constitution?

A

They cant prevent states from regulating their own internal business policies or imposing gun regulations on them also

76
Q

What happened in US v Lopez (1995)?

A

The Supreme Court ruled in favour of states attempting to halt the 1990 Gun Free School Zones Act because the federal government had attempted to ban gun possession near schools under the commerce clause, classifying it as an ‘economic activity’ that affected interstate commerce. The court decided that it did not

77
Q

What amendment was used in 1997 in Printz v United States?

A

The Supreme Court used the 10th Amendment (which states any powers not reserved for the federal government are considered state powers) to strike down a requirement under the Brady Bill for state officials to carry out background checks on those purchasing a gun. They said that this was a state, not a federal matter

78
Q

How does the amendment process work in federalism and the constitution?

A
  • The amendment process protects states because it can only them to block any amendments that they are opposed to
  • The electoral college is a particular issue. This mechanism, which is used along with voting to elect the President gives a disproportionate say to smaller populated states. It is unlikely that they would ever support any amendment to take away this power that they have
79
Q

How is the state power being eroded?

A
  • Federal mandates - these are federal laws that require all states to comply. They have gained prevalence since the New Deal in the 1930s
    – In some cases, states are even required to pay to implement them. E.g. Affordable Health Care
  • Fiscal power of the federal government - states rely on up to a quarter of their state budgets on federal grants. In order to access these grants, they often have to comply with various different rules and regulations
  • Interstate commerce clause - Article 1, s.8 gives the federal government the power to regulate business both on a foreign level and a interstate one. In theory it could regulate the use of home-grown marijuana in California or force motels to accept guests of all racial groups

A Level Politics Component 3 (7 decks)

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