1. The Constitution Flashcards

1
Q

What do Articles I and II ensure about the governance of the US? - The Constitution

A

Article I granted legislative powers to a congress made up of the House of Representatives and the Senate.
Article II set out that the US should be governed by an Executive in the form of a President.

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2
Q

What do Articles III and VI set out for the governance of the US? - The Constitution

A

Article III set out the supremacy of the Supreme Court on all legal matters. Article VI set out miscellaneous powers, including the ‘Supremacy Clause’ that made the constitution the Supreme law of the USA.

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3
Q

Give an example of delegated powers reserved to the federal government. Explain how certain implied powers may develop from this - The Constitution

A

Congress has a delegated power to raise an army and navy, resulting in it being implied that Congress has the power to draft people into the armed forces. Furthermore, Congress has the delegated power to ‘provide for the common defence and general welfare of the US.’ From this comes the implied power that Congress can levy taxes to provide defences.

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4
Q

How many amendments to the constitution was proposed during the presidency of Bill Clinton? How many of these were successful? - The Constitution

A

17 constitutional amendments were proposed during the presidency of Bill Clinton. None of these were successful.

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5
Q

How many amendments were proposed during the presidency of George W Bush? How many were successful? - The Constitution

A

6 amendments were proposed to the constitution during George W Bush’s presidency, although none were successful.

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6
Q

How many amendments to the constitution have been ratified since 1788? - The Constitution

A

Since 1788, 27 amendments to the constitution have been ratified.

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7
Q

What examples of amendments were agreed to by the House during Clinton’s presidency but rejected by the Senate? - The Constitution

A

During Clinton’s presidency, the House agreed to amendments which would ban the desecration of the American flag, as well as amendments which would require a balanced budget.

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8
Q

What is the Bill of Rights? When was it passed? - The Constitution

A

The Bill of Rights is the collection of the first 10 constitutional amendments, designed to protect the citizens of the US against actions by an overly powerful government. This was passed in 1789.

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9
Q

When has the State of the Union address been of significance previously? - The Constitution

A

2010 State of the Union address focussed on Obama’s healthcare reforms, with legislation passed 2 months later.
2021 State of the Union address prioritised Biden’s ‘Build Back Better’ agenda.

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10
Q

What instances are there of the President using a veto on congressional bills? - The Constitution

A

Obama used his presidential veto on 12 occasions during 8 years in office, including on legislation that would repeal his healthcare reforms.

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11
Q

What examples are there of the President checking the powers of federal courts through nominations? - The Constitution

A

Obama nominated Sonia Sotomayor in 2009 and Elena Kagan to the Supreme Court in 2010, whike Donald Trump nominated both Brett Kavanaugh and Amy Coney Barrett to the court.

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12
Q

How many people did Clinton pardon on the last day of his presidency? How many did Obama pardon in his final 3 weeks? - The Constitution

A

Clinton pardoned 140 people on the last day of his presidency, with Obama pardoning 142 in 3 weeks.

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13
Q

Which notable individual did Ford pardon? Which notable individual did Trump pardon? - The Constitution

A

Ford notably pardoned his predecessor, Nixon, of any crimes that may have been committed as part of the Watergate Scandal. Trump pardoned former White House strategist Steve Bannon.

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14
Q

What examples are there of Congress amending, blocking or rejecting legislation under Obama? - The Constitution

A

In 2010, a heavily amended version of Obama’s healthcare reforms were passed. Furthermore, any attempts at gun control or immigration reforms were rejected.

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15
Q

How many of Bush’s vetoes were overridden by Congress? How many of Obama’s were overridden? - The Constitution

A

4 of Bush’s vetoes were overridden by Congress. 1 of Obama’s 12 vetoes were overridden by Congress.

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16
Q

When has the control of the ‘power of the purse’ been used by Congress to check the President? - The Constitution

A

In 2019, Congress refused to accept a package to agree the funding for the federal government, with a 35 day government shutdown ensuing under Trump. Divided government in 2006 also refused to fund Bush’s Iraq War.

17
Q

What examples are there of Congress checking the Presidency’s foreign policy in terms of treaties? - The Constitution

A

3 major treaties have been blocked by the Senate:
1919 - Treaty of Versailles
Comprehensive Test Ban Treaty
Convention on the Rights of Persons with Disabilities.

18
Q

What examples are there of the Senate rejecting Presidential appointments? - The Constitution

A

Reagan had 1 of SC nominees rejected by the Senate (Bork), Obama had nomination of Merrick Garland rejected to the SC due to the close proximity to the 2016 election.

19
Q

What example is there of Congress checking the presidency through the power of investigation? - The Constitution

A

In 2012, 7 Congressional Committees were set up to investigate the actions of Clinton and Obama in Benghazi, Syria.

20
Q

What examples are there of Congress checking the presidency through impeachment? - The Constitution

A

President Andrew Johnson was impeached, Clinton was charged with perjury and then the obstruction of justice, Trump was charged with abuse of power over Russian interference and later charged with incitement of insurrection.

21
Q

How does Congress check the Federal Courts in terms of impeachment? What examples are there of this? - The Constitution

A

Congress can oversee the impeachment, trial and removal of office of federal judges. In March 2010, Judge Porteous was removed over corruption, while from 1986-9, 3 federal judges were removed by Congress.

22
Q

What instances are there of constitutional amendments allowing (attempting to allow) Congress to check the power of the Federal Courts? - The Constitution

A

In 1896, it was declared unconstitutional for the state to impose a federal income tax, with the 16th Amendment later passed to allow this. Furthermore, amendments have been attempted to be passed to outlaw the desecration of the American flag.

23
Q

What instance is there of the Federal Courts checking the Nixon presidency through judicial review? - The Constitution

A

In 1974, the Supreme Court forced Nixon to hand over evidence that was attempted to be suppressed as part of Watergate.

24
Q

What example is there of an Act of Congress being declared unconstitutional by the Federal Courts? - The Constitution

A

In 2013, the Voting Rights Act was deemed to be unconstitutional due to its targeting of certain states who would require preclearance from the federal government when changing voting laws.

25
Q

Of the 48 years from 1969 to 2016, how much of this period was divided government? How many of these years saw the Presidency and Congress controlled by entirely different parties? - The Constitution

A

Of the 48 years between 1969 and 2016, 35.5 years saw divided government. For 24 years, the Presidency and Congress were controlled by different parties.

26
Q

For how many years between 1969 and 2016 did one party control the Presidency and both houses of Congress? What instances are there of this? - The Constitution

A

Between 1969 and 2016, only 12.5 years of united government took place. This took place from 2009-11 unded Obama, from 2003-7 under Bush and from 1993-5 under Clinton.

27
Q

In the 48 years from 1921 to 1969, how many years of divided government were there? - The Constitution

A

Across 48 years from 1921 to 1969, there were only 10 years of divided government.

28
Q

What examples are there of lesser scrutiny by Congress in instances of united government? - The Constitution

A

Under Lyndon B Johnson, Congress passed legislation allowing the President to have expanded remit over Vietnam with reduced scrutiny. Furthermore, little scrutiny by Republican Congress of Bush’s war in Iraq. ONLY TWICE IN LAST 50 YEARS HAS CONGRESS REJECTED VETO OF PRESIDENT OF ITS OWN PARTY.

29
Q

What example is there of bipartisanship under Bush? - The Constitution

A

Bush managed to succeed in passing his educational reforms as a result of bipartisanship, with leading Democrat Senators such as Edward Kennedy supporting this.

30
Q

By what % did federal government spending increase under Bush? What 4 areas was the majority of this funding focussed on? - The Constitution

A

Federal government spending increased by 33% under Bush. The majority of this funding was focussed on education, medicare, homeland security/defence and the economy.

31
Q

Which policy of Obama’s suggests a changing federal/state relationship? - The Constitution

A

Obama sought to reform healthcare and provide universal healthcare insurance for those who were unable to afford this. This placed greater onus on the role of the federal government intervening in the lives of individuals.

32
Q

What Supreme Court ruling suggests that the federal government maintains its powers over state autonomy? - The Constitution

A

The National Federation of Independent Business v Sebelius ruling maintained the Affordable Care Act and its involvement in forcing state governments to fund medical schemes.

33
Q

What past and recent examples exist of federal government taxation and budgeting intervening in typically state government areas? - The Constitution

A

1930s New Deal stimulus package, $3tn COVID recovery package under Biden, $787bn stimulus after 2008 Financial Crash, Hurricane Katrina rebuilding and aid.

34
Q

What Supreme Court rulings have reasserted the authority of the states over the federal government? - The Constitution

A

US v Texas saw the SC strike down Obama’s use of an EO to implement immigration reforms due to costs to the states. Sebelius (2012) struck down Medicaid provisions in Obamacare due to the fact that states were threatened with withdrawal of federal Medicaid grants if they didn’t participate in Obamacare.

35
Q

What evidence is there of the continued authority of state governments in the field of illegal immigration? - The Constitution

A

Some states allow ‘sanctuary cities’, where illegal immigrants are protected from identification as such by federal immigration officials.

36
Q

What % of constitutional amendments have successfully been passed and ratified? - The Constitution

A

Only 0.2% of all constitutional amendments have been passed and ratified.

37
Q

What examples are there of interpretative amendments ensuring that the constitution remains relevant to the modern day? - The Constitution

A

Roe v Wade - secured the right to abortion by approving its constitutionality.
Obergefell v Hodges - secured right to same-sex marriage under the 14th Amendment.
Carpenter v United States - ruled that acquiring mobile phone data was a 4th Amendment search, requiring a warrant.

38
Q

What % of bills became law in the 1980s? What % of bills become law now due to partisanship? - The Constitution

A

6-7% of bills became law in the 1980s, with this declining to 2-3% nowadays due to partisanship.