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A Level Government and Politics (Edexcel) > 17.3 - The Nature of the US Constitution > Flashcards

17.3 - The Nature of the US Constitution Flashcards

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1
Q

What is codification?

A

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

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2
Q

What does the trait of being judiciable mean in regards to the US constitution?

A

The constitution is above all other laws, and therefore any other laws can be judged against it and deemed to be constitutional or unconstitutional.

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3
Q

What is the source of political power in the USA?

A

The constitution.

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4
Q

What does Article I of the constitution lay out?

A

The Legislative Branch

Outlines: structure, powers and elections of Congress.

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5
Q

What does Article II of the constitution lay out?

A

The Executive Branch

Outlines: structure, powers and elections of President.

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6
Q

What does Article III of the constitution lay out?

A

The Judicial Branch
Outlines: structure and powers of the Supreme Court.

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7
Q

What does Article IV of the constitution lay out?

A

The States

Outlines the relationship between states and admittance of new states.

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8
Q

What does Article V of the constitution lay out?

A

Amendments

Outlines the amendment process of the US constitution.

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9
Q

What does Article VI of the constitution lay out?

A

The United States

Outlines the supremacy of the constitution.

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10
Q

What does Article VII of the constitution lay out?

A

Ratification

Outlines the conditions for the ratification of the US constitution.

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11
Q

What does it mean to be entrenched?

A

Protection from change through a legal process.

n.b. it’s still possible to amend it, but very difficult.

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12
Q

What is required for the constitution to be amended?

A

A two-stage amendment process.

Requires supermajority approval from Congress and the States.

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13
Q

How does the constitution protect itself?

A

Article V.

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14
Q

Why is the Article V important in the Constitution?

A

It outlines the amendment process.

It allows the Constitution to be amended, if needs be. However, it is not overly malleable so that it can be changed on a whim.

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15
Q

How many amendments have there been since the Constitution was made?

A

27 amendments.

(10 of which were passed together in 1791, forming the Bill of Rights)

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16
Q

What are enumerated powers?

A

Powers which are specifically and explicitly written down in the US constitution.

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17
Q

What are implied powers?

A

Powers which are not specifically granted in the Constitution but are assumed or implied from the wording of the document.

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18
Q

What is the ‘necessary and proper clause’?

A

A clause within Article I which allows Congress to imply any powers which are necessary for it to be able to carry out the enumerated powers.

aka elastic clause.

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19
Q

What are some enumerated powers outlined?

A

Article II - ‘The President shall be Chief of the Army and Navy of the United States’

Also:
* the veto
* the pardon
* the State of the Union
* making treaties
* appointing ambassadors and judges

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20
Q

What are some implied powers from the Constitution?

A

President being Chief of the United States Air Force, Marines and Coast Guard.

Also:
* Forming a cabinet
* Executive orders
* Signing statements
* Executive agreements
* Executive privilege

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21
Q

When was the President officially accepted as Commander in Chief of the US air force, marines and coast guard?

A

1947 memorandum from the Justice Department.

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22
Q

What was McColloch v Maryland (1819)?

A

The state of Maryland passed an Act which would tax any bank not made by the Maryland government.

The Supreme Court ruled that Congress’ actions were constitutional, and therefore granted implied powers to Congress. The Court decided that the federal government had the right to create a federal bank and that states do not have the right to tax the federal government.

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23
Q

Why is meaningful gun control so difficult in the US constitution?

A

The 2nd Amendment is not vague in any way, so it is incredibly difficult to override it.

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24
Q

What is the argument for Article I being more detailed than Article II?

A

The Founding Fathers’ fears of a strong executive, they gave Congress explicit and specific powers to try and ensure they could not be usurped by the President.

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25
Q

Why has the Presidential power increased since the creation of the Constitution?

A

The vagueness of Article II allows the presidential power to be more widely interpreted so can gain extra implied powers.

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26
Q

Why has Congressional power waned since the creation of the Constitution?

A

Article I is so detailed and specific and therefore Congress is more restricted by the language so cannot gain extra implied powers.

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27
Q

Take a look at this diagram.

A
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28
Q

How did Richard Neustadt argue the Founding Fathers followed Montesquieu’s ‘separation of powers’?

A

Neustadt argued that they did not manage this, but ‘rather, it created a government of separated institutions “sharing” powers.’

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29
Q

Why is it difficult to divide the ‘separation of powers’ and ‘checks and balances’ within the constitution?

A

There are few truly ‘separated’ powers in the constitution that just one branch of government can exercise alone.

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30
Q

How can Congress check the President?

A
  • Write legislation
  • Veto presidential override (with a 2/3 majority)
  • Power of the purse
  • Declare war
  • Impeach the President
  • Ratify treaties (only Senate)
  • Ratify appointments (only Senate)
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31
Q

How can Congress check the Supreme Court?

A
  • Impeach justices
  • Propose a constitutional amendment
  • Creation of lower courts
  • Ratify judicial appointments
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32
Q

How can President check Congress?

A
  • Suggest legislation
  • Sign/veto legislation
  • Commander in Chief of the Armed Forces
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33
Q

How can President check the Supreme Court?

A
  • Power of the Pardon
  • Nomination of judicial appointments
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34
Q

How can the Judiciary check Congress?

A
  • Judicial review
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35
Q

How can the Judiciary check the President?

A
  • Judicial review
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36
Q

How does writing legislation allow Congress to check the power of the President?

A

Much of the legislation created is outlined by the President in his State of the Union address. However, as the legislative branch, Congress can create, amend, delay and even reject legislation.

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37
Q

Give an example of writing legislation allowing Congress to check power of the President?

A

In Obama’s State of the Union Address in both 2010 and 2015, he asked Congress to pass immigration reform, and repeatedly they did not.

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38
Q

How does a veto override allow Congress to check the power of the President?

A

Congress can override a presidential veto with a two-third majority in both houses to force a bill into law.

39
Q

Give an example of a veto override allowing Congress to check the power of the President?

A

Obama vetoing the Justice Against Sponsors of Terrorism Act suffered an overwhelming bipartisan defeat with only Senate minority leader voting ‘no’ to the veto override.

George W. Bush vetoed 12 bills, and 4 were overriden.

40
Q

How does the power of the purse allow Congress to check the power of the President?

A

Congress has the right to raise taxes and spend the moeny raised for the national government. This (in theory) prevents the President from spending without the consent of elected representatives.

Appropriation Bills shuold originate in the House (according to Article I)

41
Q

Give an example of the power of the purse allowing Congress to check the power of the President?

A

2018 government shutdown after a Congressional dispute with President Trump over Obama’s Deferred Action for Childhood Arrivals (DACA). Congressional Democrats held up appropriation bills leading to a governmental shutdown.

42
Q

What are appropriation bills?

A

A proposed law from Congress that authorises the spending of governmental (taxpayers’) money.

43
Q

How does the ability to declare war allow Congress to check the power of the President?

A

Congress is the only body that can formally declare war, but the President is responsible for moving troops.

Congress has commonly been responsible for authorising the use of troops through AUMFs.

44
Q

Give an example of the ability to declare war allow Congress to check the power of the President?

A

AUMFs were requested from President W. Bush to authorise military force in Iraq following 9/11.

45
Q

How does impeachment allow Congress to check the power of the President?

A

The House of Representatives is given the power to bring charges of impeachment against an individual. If this passes a simple majority vote, a formal trial is held in the Senate and if a two-thirds majority is reached, the individual is guilty and removed from office.

This deterrant should prevent Presidents from acting unconstitutionally.

46
Q

Give an example of impeachment allowing Congress to check the power of the President?

A

President Andrew Johnson (1868) and President Bill Clinton (1997) both were impeached, but the Senate found them ‘not guilty’. (They are the only Presidents to ever reach the Senate in an impeachment trial, and both were found not guilty.)

47
Q

How does the ability to ratify treaties allow Congress (Senate) to check the power of the President?

A

The Senate approves treaties that have been negotiated by the President in a two-thirds majority.

If a treaty fails to get a 2/3 majority, the treaty is not ratified. Congress can also choose not to vote on a treaty.

48
Q

Give an example of the ability to ratify treaties allowing Congress (the Senate) to check the power of the President?

A

The Arms Trade Treaty was sent to the Senate in December 2016, but as Trump was due to take office in a few weeks, it never received a ratification vote.

49
Q

How does the ability to ratify appointments allow Congress (Senate) to check the power of the President?

A

Presidential appointments to the federal courts, federal government departments and ambassadors are all subject to Senate ‘advise and consent’.

Over 1,200 posts require Senate approval by a simple majority vote.

50
Q

Give an example of how the ability to ratify appointments allows Congress (the Senate) to check the power of the President?

A

Rejection of John Tower as defense secretary in 1989 following allegations of alcoholism and womanising.

Andrew Puzder as secretary of labour in 2017 following Mitch McConnell informing President Trump he would not have the votes to ratify his appointment.

51
Q

How does the ability to impeach judges allow Congress to check the power of the Supreme Court?

A

The process of impeaching judges is the same as impeaching the President.

Acts as a deterrant for judges to act poorly.

52
Q

Give an example of how the ability to impeach judges allows Congress to check the power of the Supreme Court?

A

Samuel Chase was impeached in 1805, although was found ‘not guilty’ of being partisan in his rulings.

Samuel Kent resigned before a verdict could be reached in 2009, and Thomas Porteous was found ‘guilty’ of bribery and making false statements.

53
Q

How does the ability to propose constitutional amendments allow Congress to check the power of the Supreme Court?

A

In all Supreme Court rulings, the court judges if an act is constitutional or not. If Congress changes the constitution, a ruling of the Supreme Court can effectively be overturned.

54
Q

Give an example of how proposing constitutional amendments allows Congress to check the power of the Supreme Court?

A

In 1913, the 16th Amendment was adopted which allowed federal income tax to be levied, after the Supreme Court had ruled to deny this in Pollock v Farmers’ Loan & Trust Co. (1895).

55
Q

How does the ability to create lower courts allow Congress to check the power of the Supreme Court?

A

Congress also has the power to regulate the Supreme Court’s role in hearing appeals from the newly created lower courts.

This is known as ‘jurisdiction stripping’.

56
Q

Give an example of how Congress’ ability to create lower courts allows Congress to check the power of the Supreme Court?

A

Military Commissions Act 2006 which tried to remove the Court the power to hear cases from Guantanamo detainees.

57
Q

How does the ability to ratify judicial appointments allow Congress (senate) to check the power of the Supreme Court?

A

The Presidential choice of Supreme Court justice will likely align with their overall political views, and therefore will drastically change the ideological makeup of the Supreme Court.

The Senate decides who they implement to ensure there is a fair balance of views on the court.

58
Q

Give an example of how the ratification of judicial appointments allows Congress to check the power of the Supreme Court?

A

Antonin Scalia died in 2016 (a staunch Conservative), but the Senate did not ratify his proposed replacement, Merrick Garland (a centrist). The ideological balance of the Court is vital.

59
Q

How does suggesting legislation allow the President to check the power of Congress?

A

The US president is directly elected (technically) and he (or she) campaigns on a platofrm of his (or her) own policies. However, he does not have any direct legislative powers, but the Constitution gives him the right to suggest legislation to Congress through the State of the Union Address.

60
Q

Give an example of how suggesting legislation allows the President to check the power of Congress?

A

Trump asked Congress for more money for border security in 2018 (in line with his campaign to ‘build a wall’)

61
Q

How does the ability to sign/veto legislation allow the President to check the power of Congress?

A

The President can sign or veto legislation put forward to him from Congress, which returns it back to Congress or passes it as a law.

62
Q

Give an example of how the ability to veto/sign legislation allows the President to check the power of Congress?

A

Both President Bush and Obama used the veto 12 times during their Presidency, which prevented bills from passing.

63
Q

How does being Commander in Chief of the Armed Forces allow the President to check the power of Congress?

A

The president inevitably decides on the stationing and movement of troops and the use of military weapons.

64
Q

Give an example of how being Commander in Chief of the Armed Forces allows the President to check the power of Congress?

A

Obama sought approval from Congress for action in Syria, but he clearly stated that “I believe I have the authority to carry out this military action without specific congressional authorisation”.

65
Q

How does the power of the pardon allow the President to check the power of the judiciary?

A

The president has the constitutional right to ‘grant reprieves and pardons’. allowing him to excuse someone for a federal crime. This has few limits or checks upon it, allowing him to overrule the judiciary.

66
Q

Give an example of how the power of the pardon allows the President to check the power of the judiciary?

A

On his last day of office in 2017, Obama granted 330 commutations to non-violent drug offenders, following an earlier pardon of Chelsea Manning, who had served 7 years for stealing state secrets.

Trump pardoning two rappers, Lil Wayne and Kodak Black on firearms related charges.

67
Q

How does judicial review allow the Supreme Court to check the power of the President and Congress?

A

Judicial review allows Congress to determine if acts of Congress or the President are constitutional.

If they are deemed to be unconstitutional, then the acts are repealed or overruled.

68
Q

Give an example of how judicial review has allowed the Supreme Court to check the power of the President and Congress?

A

Boumediene v. Bush (2008)

The Military Commissions Act passed by Congress is unconstitutional and therefore was overturned. This allowed detainees at Guantanamo Bay to challenge their detention in US courts.

68
Q

When and how was judicial review established?

A

Suggested in Article III of the constitution, but fully established in Marbury v. Madison (1803).

69
Q

What are the requirements to be a President of the US?

A
  • At least 35 years old.
  • Must be a natural born US-citizen.
  • Must be a resident of the US for at least 14 consecutive years.
70
Q

Why were there arguments regarding requirements to be President?

A

James Madison noted that the term ‘resident’ is vague, and remains so till this day.

71
Q

What are the requirements for someone to be appointed to the Senate?

A
  • At least 30 years old.
  • Must have been a US citizen for at least 9 years.
  • Must be an inhabitant of the state they are going to represent in Congress.
72
Q

What are the requirements for someone to be elected to the House?

A
  • At least 25 years old.
  • Must have been a US citizen for at least 7 years.
  • Must be an inhabitant of the state they are looking to represent.
73
Q

How can the constitution be amended?

Starting at a national level.

A
  • A proposed amendment passes the House and the Senate with a 2/3 majority in both.
  • A national constitutional convention is called following an amendment by 2/3 of state legislatures.
74
Q

How can the constitution be amended?

Starting at a state level.

A
  • An amendment is ratified by a simple majority in 3/4 of state legislatures.
  • An amendment is ratified by a state ratifying convention in 3/4 of states.
75
Q

What is the most common method for constitional amendment?

A

Passed by Congress. then ratified by state legislatures.

76
Q

How many proposed constitutional amendments have there been (and how many have been approved)?

A

Over 11,000.

27 approved. (10 all together in the Bill of Rights).

77
Q

Why is the necessity for supermajorities such a big stumbling block for constitutional amendments?

A

The requirement for 2/3 or 3/4 is required.

With increasing levels of party polarisation, it becomes difficult to find common ground to agree upon.

Alongside this, when Congress was created, there were only 65 House Representatives and 26 Senators. That meant that only 44 House Reps and 18 Senators were required to pass amendments. Now, there are 435 House Reps and 100 Senators, meaning that 287 House Reps and 67 Senators are required to change the Constitution.

78
Q

Why has the population growth of the US made it more difficult to pass constitutional amendments?

A

There has been a geographic and numerical population increase.

These increases have massively widened state beliefs and cultures across the US. Getting agreement across the union for a particular amendment is very difficult.

79
Q

How many sections of the US are there?

A

11.
As broken down by Colin Woodard.

80
Q

What are the advantages of the US constitutional amendment process?

A
  • Broad support
  • Prevents short-lived trends becoming amendments
  • Protects the Constitution and its principles
  • Prevents tyranny of large states and single parties
  • Few changes
  • It works
81
Q

How is broad support an advantage of the US constitutional amendment process?

A

Given the need for supermajorities, any amendments that have been passed had broad support across the entire country.

In a country that is so vast, it is vital that the Constitution accurately reflects the political and cultural beliefs of as many Americans as possible.

82
Q

How is preventing short-lived trends becoming amendments an advantage of the US constitutional amendment process?

A

The arduous and difficult nature of constitutional amendments prevents amendments that are knee-jerks to recent events.

83
Q

How is protecting the Constitution and its principles an advantage of the US constitutional amendment process?

A

The acceptance of separation of powers and republican ideals are key to the American political system.

The political ideals as laid down by the founding fathers are protected due to the challenging amendment process.

84
Q

How is preventing tyranny of large states and single parties an advantage of the US constitutional amendment process?

A

Federalism ensures that each state remains an important part of the US political system, so smaller states cannot be ignored. This therefore ensures that large states do not dominate, so each state has a recognisable worth in US democracy.

85
Q

How is having few changes an advantage of the US constitutional amendment process?

A

A total of 27 amendments to the US constitution means that most of the day-to-day governance is left to Congress, or the individual states to decide what is best for their citizens.

86
Q

How is “it works” an advantage of the US constitutional amendment process?

A

While there have only been 27 amendments, the fact it is slightly malleable allows necessary changes and stops unnecessary ones.

87
Q

What are the disadvantages of the US constitutional amendment process?

A
  • Difficulty in ensuring the Constitution remains up to date.
  • Outdated aspects of the Constitution still existing.
  • Ignorance of minority interests.
  • Power given to the Supreme Court.
  • Tyranny of the minority.
  • Despite the difficulty of the formal process, there have been mistakes.
88
Q

How is difficulty in ensuring the Constitution remains up to date a disadvantage of the US constitutional amendment process?

A

There are changes in modern society which are not reflected in the Constitution due to the difficulty of adding them.

89
Q

How are the outdated aspects of the constitution a disadvantage of the US constitutional amendment process?

A

The constitution does not accurately reflect the society we now live in. The Second Amendment was necessary at the time of creation (there was no police force etc.) but now there is a police force, so is it completely necessary?

90
Q

How are the ignorance of minority interests a disadvantage of the US constitutional amendment process?

A

Due to the supermajority requirement, it is incredibly difficult for minorities to change the constitution.

91
Q

How is the power given to the Supreme Court a disadvantage of the US constitutional amendment process?

A

The Supreme Court is the final arbiter of the US constitution, and therefore has been able to change it in a major way. The Supreme Court is unelected and unaccountable to the people, but do not have many checks or balances on them in this regard.

92
Q

How is the tyranny of the minority a disadvantage of the US constitutional amendment process?

A

The necessity to gain supermajorities means that it is possible for just a minority of states or members to prevent amendments from passing.

93
Q
A

A Level Government and Politics (Edexcel) (74 decks)

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