American politics: Constitution Flashcards
What is a constitution?
The set of principles and rules by which a country is organised.
Is the American constitution codified?
Yes
Is the US constitution entrenched?
Yes
Is there a fusion of powers between the branches of government?
No - There is a separation of powers.
Can the US constitution be amended easily?
No - there is a whole amendment process laid out in Article V.
What is the amendment process?
- Proposed by a 2/3 vote (Supermajority) in Congress or by 2/3 of the states which triggers a convention in those states.
- Must be ratified by 3/4 of the states or 3/4 of conventions called in each state.
What are the Bill of Rights?
The first 10 amendments of the constitution.
Name three amendments in the Bill of Rights?
1st amendment - freedom of speech, 2nd amendment - right to bear arms, 8th amendment - no cruel or unusual punishment.
How does the 10th amendment link to federalism in the US?
10th amendment - any powers not given to the government are given to the states. It allows shared power between the states and the government since their powers are legitimised by the Constitution.
What Article threats the 10th Amendment and why?
Article 1 section 8 (the elastic clause) - states that Congress are given powers to make laws that are ‘necessary and proper’ - the vagueness of this power may give the the government leeway to impose on the powers of the states.
What is an example of the executive failing to override the power of the states?
Biden’s 2021 Vaccine Mandate that required workers that worked in a company/organisation with more than 100 employees to be vaccinated. Ruled as unconstitutional by the US Supreme Court.
What did Governor Kim Reynolds have to say about the vaccine mandate?
‘Dangerous and unprecedented’
