3 The Constitution Flashcards

1
Q

constitutionalism

A

adhering to and a love for the constitution

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2
Q

constitutional democracy

A

generated by the codification and adherence to a constitution; the ppl’s representatives are constrained by the constitution

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3
Q

unconstitutional (parliamentary) democracy

A

doesn’t have a codified constitution so legitimacy rests in Parliament; the ppl’s reps determine what’s in the constitution

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4
Q

constitutional convention

A

unwritten practices and consequences that are accepted as norms

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4
Q

originalism

A

if you believe the constitution to be the best, then those who wrote it are the best and serve as guides

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5
Q

why are amendments difficult to make?

A

amendments have to be introduced in Congress and must be ratified by 3/4 of states, so majority of them die

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6
Q

what emerged out of the American Revolution?

A
  • an idea of the USA and American ideals (which didn’t exist prior due to states having distinct, colonial identities)
  • a fear of governmental control and skepticism of large gov’ts
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7
Q

what was the original design of the Founding Fathers?

A

they emphasized liberalism and individuality, so they aimed for a small gov’t with a written set of guidelines

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8
Q

3 types of systems

A
  • confederal
  • federal
  • unitary
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9
Q

confederal systems

A
  • power goes up
  • central authority only has the power granted to it by the components
  • ex. the UN, which is empowered by member-states
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10
Q

federal systems

A
  • power is equal
  • subnational and national components are separate but equal to each other
  • ex. Canada, with its federal and provincial gov’ts
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11
Q

unitary systems

A
  • power goes down
  • a strong central/level of gov’t
  • subnational components which derive power and authority from the central gov’t
  • ex. the UK, whose Parliament is the privileged actor
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12
Q

The Articles of Confederation

A
  • the first constitution that failed by creating a confederal gov’t
  • the colonies had virtually all the power and the central gov’t basically had none
  • America’s debt couldn’t be resolved since the central gov’t had no mechanisms to gain money
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13
Q

The Philadelphia Convention

A
  • attempted to compromise between the larger and smaller states’ preferences
  • introduced a bicameral legislature (where one chamber/House is based on representation by population, and the other/Senate protects states thru 2 appointed senators from each state)
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14
Q

Federalists

A

sought a national gov’t with more control

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15
Q

Anti-Federalists

A

distrusted a strong central gov’t

16
Q

Federalists vs Anti-Federalists

A

the fight between these two camps led to the beginning of party politics in the USA

17
Q

17th Amendment

A

made senators required to be elected

18
Q

Bill of Rights (1791)

A

consists of the first 10 amendments to the constitution as a response to fears of the gov’t’s strength; amendments were to incentivize smaller states to agree

19
Q

key issues of the Bill of Rights

A
  • what happens if someone (person or state) breaks the Bill?
  • what happens if a state or gov’t fight?
20
Q

how did the Civil War determine the nature of the US?

A
  • when the North won, it became clear that the US was more than the sum of its parts (states)
  • central federalism (where federal gov’t eclipses state authority) was adopted
21
Q

President Franklin Roosevelt

A
  • proposed the New Deal, which required the federal gov’t to become bigger and infringe on areas in state jurisdiction
  • made constitutional
  • allowed the gov’t to grow in size and expand beyond the states
22
Q

The Cold War

A
  • after WWII, the Americans demobilized but mobilized again due to tensions with Russia
  • wars can only be fought if there’s a lot of gov’t authority
  • demanded the continual expansion of the size of the federal gov’t
23
Q

President Landon B. Johnson

A

oversaw the largest expansion of the federal gov’t since the New Deal, wherein he proposed his Great Society Programs (medicare, Civil Rights Act, etc.)

24
Q

contemporary questions about the constitution

A
  • how has constitutional legitimacy been impaired by those who ignore constitutional conventions and political norms?
  • what are the legitimate boundaries of executive orders, which are increasingly being given out in unprecedented ways?