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Politics Paper 3 > 1.1 Nature of the US Constitution > Flashcards

1.1 Nature of the US Constitution Flashcards

1
Q

7

List the articles of the US Constitution

A

Article I - Legilsative branch
Article 2 - Executive branch
Article 3 - Judicial branch
Article 4 - States
Article 5 - Amendment process
Article 6 - Supreme Law
Article 7 - ratification

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2
Q

4

Describe the codifcation of the US Constitution

A
  • Codified - written in single 7000-word document (Bill of Rights)
  • Constitution is source of all political power
  • Amendments have been made, but original document remains sovereign
  • As codified, US constitution is judiciable
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3
Q

3

What does it mean if the Constitution is judiciable?

A
  • Higher form of law
  • Judges can intepret actions and laws according to Constitution
  • Can strike down laws - deem laws ‘constitutional’ or ‘unconstitutional’
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4
Q

4

Describe the entrenchment of the US Constitution

A
  • Document is protects istelf by Article V
  • Article V outlines amendment process
  • Ensures constitution can be changed in response to emerging need
  • Not so flexible as UK that it can change frequently
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5
Q

3

Describe the vagueness of the US Constitution

A
  • Short length of document leads vagueness to allow for compromise
  • Constitution is codified, but not every power is outlined
  • Leads to division between enumerated and implied powers
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6
Q

2

Describe emurated powers

A
  • Powers explicitly written down in the US Constitution
  • Identified as powers explicitly given to the 3 branches in the first 3 articles
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7
Q

2

Give examples of enmurated powers

A
  • Congress given power to ‘lay and collect Taxes, Duties, Imports, Excises’ (Article 1)
  • Presidential veto, pardon, President is commander of armed forces, making treaties, appt judges and ambassadors
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8
Q

2

Describe implied powers

A
  • Powers not explicitly laid out in Constitution
  • Gained from interpretations of vague language of US Constition
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9
Q

4

Give examples of implied powers

A
  • Power to form cabinet
  • Sign executive orders
  • Sign executive agreements
  • Sign executive privilege
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10
Q

2

Describe the ‘necessary and proper clause’

A
  • Congress given power to make any law that allows it to carry out its emurated powers
  • Has been used to extend its power over time
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11
Q

2

Describe Article 1 vs Article 2

A
  • Article I (Congress) more detailed and specific than Article II (President)
  • Congress given emurated powers to ensure it cannot be usurpsed by Executive (e.g. overturn of Presidential veto)
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12
Q

2

Describe limits to the ‘necessary and proper clause’

A
  • Detail and specificity of 2nd Amendment (right to bear arms) limits ability of ‘necessary and proper powers’ to enact gun law change
  • Comparative vagueness of Article 2 has led to expansion of powers of Presidential branch
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13
Q

2

Describe the branches of the US Constitution

A
  • 3 branches: legislative, executivem judicial
  • Replicated at federal and state level
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14
Q

2

Describe the features of the legislative branch of the US Constitution

A
  • Congress
  • Split into the House of Representatives (lower chamber) and Senate (upper chamber)
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15
Q

9 - don’t need all

Describe the powers of the legislative branch

A
  • Set and collect taxes
  • Borrow money
  • Regulate foreign commerce
  • Establish rules on citizenship
  • Coin money
  • Set standards of weights and measures
  • Declare war - though often ignored
  • Raise an army
  • To make laws ‘neccessary and proper’ to carry out these powers
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16
Q

2

Describe the features of the executive branch

A
  • President
  • VP (cannot be dismissed) and Cabinet
17
Q

6

Describe the powers of the executive branch

A
  • Commander in Chief of Army and Navy
  • Make treaties
  • Grant pardons
  • Appoint judges and ambassadors
  • Address Congress on State of Union
  • Veto legislation
18
Q

3

Describe the features of the judicial branch

A
  • Supreme Court
  • Court of Appeal
  • District Courts
19
Q

3

The judicial branch rules on issues arising from…

A
  • Constitution
  • Conflicts between states
  • Conflicts between state and federal government
20
Q

5

Describe important amendments to the Constitution

A
  • 1st amendment - protects rights such as freedom of speech, press, assembly
  • 2nd amendment - protects right to keep and bear arms
  • 5th amendment - individuals not compelled to provide incriminating evidence about themself
  • 8th amendment - death penalty constitutional as long as it is not cruel
  • 10th amendment - protects state rights
21
Q

2

Describe the 2 stages of the amendment process

A
  • Proposal stage
  • Ratification stage
22
Q

2

Describe the amendment process (starting at a federal level)

A
  • Proposed amendment achieves 2/3 supermajority in both houses of Congress
  • Amendment ratified by simple majority in 3/4 of state legislatures (used 26 times) OR amendment ratified by state ratifying convention in 3/4 states (used only for 18th amendment)
23
Q

3

Describe the amendment process (starting at a state level)

A
  • 2/3 states call for national constitutional convention
  • Amendment ratified by simple majority in 3/4 of state legislatures (used 26 times) OR amendment ratified by state ratifying convention in 3/4 states (used only for 18th amendment)
  • This process has never led to a ratified amendment
24
Q

4

List the advantages of the amendment process

A
  • Prevents short-lived trends becoming amendments
  • Supermajorities prevent tyranny of large states
  • Ensures broad support
  • Protects state rights
25
Q

4

List the disadvantages of the amendment process

A
  • Difficulty in ensuring constitution stays up to date
  • Minority interests ignored
  • Excessive power granted to SC
  • Has not been effective (18th vs 21st amendment on prohibition and repeal)
26
Q

4

Describe how the amendment process ensures broad support

A
  • supermajorities in both stages
  • support of 3/4 states across USA
  • prevents short-term trends becoming amendments (e.g. prohibition)
  • especially important given increased party polarisation
27
Q

5

Describe how the amendment process protects the principles of the US Constitution

A
  • Leads to separation of powers and republican ideals
  • Results in bipartisanship through requirement of supermajorities
  • Day-to-day governance conducted by Congress and individal states
  • Promotes education on rights of America
  • Prevents Constitution being manipulated for political ends
28
Q

4

Describe how the amendment process prevents the tyranny of the majority by states

A
  • If amendments made on population alone, populous larger states could dominate process
  • most populous states make up 37% of population
  • Biden won CA by over 5m votes in 2020, leading to popular vote success
  • Ensures smaller states remain important part of US Constitution
29
Q

2

Describe how the amendment process prevents the tyranny of the majority by single parties

A
  • supermajorities prevent single-party dominating (e.g. Republicans proposing balanced budget amendment)
  • Prevents constant changes to Constitution through repeal
30
Q

3

Describe how the amendment process leads to outdated ideas being retained

A
  • Equal Rights Amendment (to equally recognise rights of men and women) was only ratified by Virginia in 2020, 50 years after amendment had been sent for state ratification
  • Some aspects have constitutionally evolved (e.g. moving from appt to elected Senate), yet others remain
  • Failings of electoral college in 2000 and 2016
31
Q

3

Describe the difficulty in passing campaign finance reform

A
  • 2020 saw political spending reach $14.4bn
  • Challenges liberal idea of ‘one man, one vote’ as money appears crucial to success
  • constitutional change necessary - but unlikely to pass
32
Q

5

Describe how the amendment process grants power to the SC

A
  • SC has powers of final abitrator when interpreting Constitution
  • Can effectively make law
  • e.g. 2021, ruled to uphold voting registration changes in AZ
  • SC can change Constitution considerably, yet lacks accountability as unelected (limited checks)
  • SC decisions can be circumvented by amendment, yet difficult to ratify
33
Q

3

Describe how the amendment process leads to tyranny of the majority

A
  • Supermajority makes it difficult for minority groups to enact Constitutional change
  • Much of American states largely homogenous
  • e.g. voting rights
34
Q

4

Describe a poll on the 2nd amendment

A
  • 2018 YouGov poll on 2nd amendment
  • calls for repeal as mass shootings increased
  • only 1/5 Americans wanted amendment repealed
  • thus necessary to have high thresholds for amendments so they reflect will of people
35
Q

3

Describe the Marriage Act 1996

A
  • Formally recognised marriage as between man and woman
  • Obergefell v Hodges (2015) invalidated Act
  • Yet chances of amendment to recognise LGBT rights seem slim - restircted to respect for marriage act 2022
36
Q

3 for and against points

Describe the argument that the amendment process is effective

A
  • Ensures broad support in rigorous process vs outdated aspects remain
  • Protects principles of federal constitution vs excessive power granted to the SC
  • Prevents tyranny of majority vs minority interests ignored
37
Q

1

What is the US Bill of Rights?

A

First 10 amendments to constitution

38
Q

2

Describe the 27th amendment

A
  • Delayed laws affecting Congressional salary from taking effect until after the next election of representatives.
  • Took over 200 years from being proposed to being ratified
39
Q

2

How may a Congressman/Senator be expelled? (with an example)

A
  • By 2/3 supermajority in their own chamber
  • George Santos expelled by 311-114 vote

Politics Paper 3 (34 decks)

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