Component 3, Part 1- The US Constitution Flashcards
Explain the constitutional framework.
1) Original constitution contains 7 articles:
- the first 4 deal with the four key institutions of government in the US: congress, presidency, supremer court and the states.
- article V outlines the amendment process.
- the ‘supremacy clause’ in article VI established the US constitution as the highest law in the land.
- article VII outlines the ratification process.
How many times has the constitution been amended? What have some of these amendments done?
1) Constitution has been amended 27 times.
2) Some amendments represent major social change or are the end product of huge conflict, violence and death. Others make important alterations such as the 25th amendment, which allows the vice president to become the president on a temporary basis.
1) What is the Bill of Rights?
2) What are some of the key rights of the Bill of Rights?
1) Made up of the first 10 amendments of the US constitution.
2) - 1st amendment: freedom of expression and religion.
- 2nd amendment: right to bear arms
- 4th amendment: no unreasonable searches of seizures of people or property.
- 5th amendment: protection against double jeopardy and self incrimination.
- 8th amendment: right to provide freedom from cruel and usual punishment
- 10th amendment: right to the states to have reserved powers, as opposed to the federal government
1) What is the value of the US constitution being codified?
2) Why did the founding fathers entrench the constitution?
1) A constitution that has been through the process of codification is:
- authoritative: on a higher level than ordinary law.
- entrenched: makes it harder to amend or abolish.
- judiciable: as a higher form of law, other laws can be judged against it.
2) They deliberately entrenched it to prevent it from being changed too easily by a single institution or political party in their own self interest.
What are some of the enumerated powers of the constitution held by Congress, the president and the courts?
1) Congress:
- collection of taxes and duties which provide for the debts of the US and for common defence and welfare of nation.
- borrowing money on behalf of the US.
- declaration of war.
- establishing courts that are subordinate to the SC.
- 16th amendment allows congress to raise income tax.
2) President:
- heads the executive branch
- nominates cabinet members, ambassadors and the judiciary.
- proposes measures to congress
- vetoes legislation
- grants pardons.
3) The Courts:
- rule on cases arising under the constitution, the laws of the US or treaties.
What are some of the implied powers of the constitution held by Congress, president and the courts?
1) Congress:
- the necessary and proper clause
- interstate commerce clause
2) President:
- commander in chief of the armed forces.
3) Courts:
- power of judicial review.
What is the necessary and proper clause?
1) states that congress has the power ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing powers’.
2) Allows congress to stretch its powers.
3) Its vagueness has arguably allowed the constitution to survive for such a long time as its meaning can be adapted.
What are some of the concerns associated with the vagueness of the US constitution?
1) The constitution could fail to regulate political practice:
- its vagueness could undermine its authority as people reject newly established rulings or political practices.
-eg: in Obergefell v hodges 2015, some politicians and members of the SC claimed that the court was no longer following the constitution, essentially making up new rules as it went along.
2) The Supreme Court could become too powerful:
- vagueness allows individual justices to apply their own ideologies when ruling on a case. Eg: liberal justices typically interpret the constitution to achieve a liberal outcomes. A more detailed constitution would give less room for this bias.
3) Could be significant conflict:
- lack of clarity leads to strong disputes, with each side claiming that their particular view of the constitution is more legitimate.
- Conservatives and liberals continue to argue about how far the constitution allows the federal government to control the states.
How does the amendment process work in the US?
1) An amendment is proposed either by:
- a 2/3rds majority of each house of congress.
- a national convention called by cCongress at the request of 2/3rds of the state legislatures.
2) An amendment is then ratified by:
- 3/4 of the state legislatures and 3/4 of the state conventions.
What are some of the proposals passed by congress that failed to receive sufficient state support.
1) Equal rights amendment (1982)
2) District of Columbia Voting Rights amendment (1985)
What are some of the proposals passed by congress that failed to receive a 2/3 majority in each chamber?
1) Flag protection amendment.
2) Federal Marriage amendment
What are some of the proposals passed by congress that failed to receive support by both chambers of Congress?
1) right to vote amendment (2013)
2) Saving American Democracy amendment (2011)
What are the disadvantages of the formal process?
1) Difficult to remove outdated aspects:
- difficult to get wide support to make necessary changes.
2) Difficult to incorporate new ideas:
- difficult to incorporate additions that may the improve the workings of the constitution due to its entrenched nature.
3) Amendment process is undemocratic:
- to block an amendment, only 13/50 states have to oppose it.
4) Gives the supreme court excessive power:
- entrenchment allows 9 unelected judges to have the final say on key issues of institutional power and human rights.
What are the advantages of the formal process?
1) Protects key principles of political processes:
- founding fathers made some ideals almost completely immune from change such as the requirement for a republic for a republic to be guaranteed form of government.
2) Protects states and upholds federalism:
- ensured through the 10th amendment and the amendment process.
3) Prevents abuse of power:
- an entrenched constitution stops an individual from one political party changing constitutional rules for their own benefit, which was a key aim of the Founding Fathers.
4) Prevents ill-thought through amendments:
- prevents short-term or irrational thinking entering the constitution.
What are the 5 key principles of the constitution
1) Federalism.
2) Separation of powers.
3) Checks and balances.
4) Bipartisanship.
5) Limited government.
What is federalism and explain its role in US politics.
1) Federalism is a system in which sovereignty is shared between a central government and individual states, with each having their own specific rights.
2) It means that each state is like a smaller version of the US, with its own constitution, with a governor, legislature and Supreme Court.
Explain the meaning and implications of the separation of powers.
1) Separation of powers refers to the complete division of a system of government into 3 branches:
- the executive
- the legislature
- judiciary
2) The separation of powers is based on a desire to share power, preventing any one institution or politician from dominating the political system. For many of the Founding Fathers it was a guiding principle that allowed the preservation of the liberty of individuals in society.
Explain the checks and balances system in the US.
1) Each brand of government has exclusive power and limits the ability of other branches to operate in an unrestrained manner.
2) The checks ensure a high degree of balance between the 3 branches of government, so no one institution is dominant.
Explain the role of bipartisanship in the US.
1) Bipartisanship attempts within the structure of the US congress to try to ensure the two main parties must work together in order to fulfil full congressional functions.
2) The constitution itself means that compromise is inevitable if decisions are to be made.
3) The constitution requires cross-party support through the need for super majorities for amendments, and for the senate to ratify treaties.
4) Bipartisan control is common. When divided government occurs, parties have to work together to pass policy, which has worked effectively over the history of the US as parties have often found legislative compromises.
What is the idea of limited government?
1) The role of the government should be limited by checks and balances and a separation of powers, because of the corrupting nature of power.
2) In the US, this means that the federal government is subject to limitations as laid out in the Constitution
What are the two essential features of federalism?
1) The power of regional governments or states is protected by the constitution, meaning that the federal government is unable to reduce the power of the states without their consent.
2) Regional powers are equal. All states are given the same level of power
What are some of the key aspects to the relationship of the federal system of government with the states?
1) Over time, the power of the states has been eroded.
2) Federal government and states are interconnected, having to work together in order to govern the US.
3) States create a range of their laws independently from the federal government.
4) In some cases the federal government passes laws that force states to comply
Explain the extent of democracy within the constitution regarding:
- Elections
- Checks and balances
- Rights protection
1) Elections:
- constitution upholds fundamental principles of a representative democracy by creating free and fair elections.
- but, a number of criticisms have been raised. The electoral college is an out-dated voting system method.
2) Checks and balances:
- may prevent one person, party or institution from holding all of the power, with the potential power to abuse their position.
- can also ensure everyone’s interests are considered.
- but, may damage democracy. Some may feel that they don’t get any policies that reflect their wishes or interests.
3) Rights protection:
- strong system of rights protection, with a powerful Supreme Court able and willing to promote liberties outlined in the constitution.
- bill of rights gives legal protection to those in the US.
- on the other hand, the Shelby ruling has allowed states to create laws that undermine the opportunity for poor or racial minority voters to participate.
What are 2 alternative types of democracy?
1) Majoritarian: majority gets what the majority wants. If over 50% vote, they get what they want.
2) Pluralist: attempt to base policies on a compromise of different views and interests.
What are the positive and negative impacts of the US constitution on government today?
1) Positive:
- Frequent elections.
- Checks and balances ensure that branches work together.
- Powerful SC alongside constitutional rights ensures protection of civil rights.
- Amendment process prevents politicians from changing rules to get more power.
- Vagueness has allowed government to operate effectively by allowing changing political practice to suit the needs of society.
- States are well protected.
2) Negative:
- Electoral college can produce a government that doesn’t reflect wishes of majority.
- Policy-making is difficult, leading to gridlock.
- Power of SC means gov may be prevented from carrying out policy.
- Amendment process prevents necessary changes. Means that gov is not responsive to the needs of modern society.
- Vagueness of constitution has meant ‘loopholes’ have been exploited.
- Insufficient protection of state power, federal gov therefore dominates policy-making.
To what extent has the US remained federal to this day?
1) States have a deal of control over health, education, law and order and economic policy. They set their own sales tax.
2) Some say the US can’t be considered to be a true federal system, since the federal government are able to take control in virtually any policy area.
3) Others think that federalism is alive and kicking, protected by the constitution. Eg: states have different laws on weed.
How does the constitution protect states?
1) Powers denied to congress:
- Interstate commerce clauses implies that states are free to regulate their own internal business policy
- constitutional amendments such as the 2nd amendment can prevent the federal government from imposing gun regulations on the states.
2) The 10th amendment:
- states that any powers not reserved for the federal gov should be considered a state power. Implies that congress only has those powers that the constitution awards it.
- eg: Printz v US 1997, the SC overturned the Brady Act requirement that state officials must perform background checks on those wishing to purchase a gun, since it was a state, not federal policy.
3) Amendment process:
- impossible to reduce the power of states without their consent.
- states can block amendments they are ideologically opposed to. 13/50 states need to object an amendment for it to not go through.
How has the constitution eroded state power?
1) Federal mandates:
- Acts of Congress impose national standards on states, who are all required to comply.
- Increased use of federal mandates since Roosevelt’s New Deal in 1930.
2) Fiscal power of the federal government:
- States have become increasingly reliant on the federal gov for funding.
- Federal gov provides states with approx 1/4 of their total expenditure in the form of federal grants.
3) Interstate commerce clause:
- Article I, Section 8 gives power to the fed gov to regulate commerce with foreign government and between the states.
- This clause has been used to justify a huge range of federal laws that go beyond the intentions of the Founding Fathers.
