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Politics paper 2- America msaunders > Consitition > Flashcards

Consitition Flashcards

1
Q

What year was america discovered?

A

1492

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2
Q

When was the colonisation of america?

A

1492-1780

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3
Q

What country’s colonised with American?

A

Netherland, French, Sweden, Russia, Spanish, Portugal and German

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4
Q

When was the war of inderpance in america?

A

1776

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5
Q

When was the war of inderpance in america?

A

1776

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6
Q

What was the war of inderpendance?

A

1783

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7
Q

What was the war of independence about?

A

British vs British colony’s which included american
British colony’s subject to same laws and taxes as those in the Uk but they didn’t have any representation in parliment, many protest occurred such as the boston tea party

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8
Q

When did america gain independence?

A

1783

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9
Q

-Who are the original founding fathers?

A

Thomas Jefferson, George Washington and Ben Franklin

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10
Q

When did the founding fathers wright the constitution?

A

1783-1793

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11
Q

What’s a codified constitution?

A

Where all the rights and laws are in one source

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12
Q

Advantages of codified constitution?

A

Defines people’s liberty
Safeguards from a tyrannical govt
Public can access it easier

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13
Q

Disadvantages of codified constitution?

A

Hard to agree
Inflexible
Too much power to judges to interpret laws

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14
Q

What is article I?

A

All legislative powers here in granted shall be vested in a congress in the Us, which shall consist of a demeter and house of representation

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15
Q

What is article II?

A

Teh executive power shall be vested in the president of the USA

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16
Q

What is article III?

A

The judicial power of the US should be vested in the US supreme court and in such inferior courts as congress may from
fine to time ordain or establish

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17
Q

What is article IV?

A

Federal state and state federal relationship

18
Q

What’s article V?

A

Amendment procedure

19
Q

How many amendments has there been to the US constitution?

A

27 ammendments

20
Q

-What’s the most popular ammendent process?

A

proposed amendment by Two thirds of the house and senete (congress), thsi then has to be ratified by three quarters of state legislature (38)
Thsi process has been used 26 times

21
Q

Second most popular legislature?

A

Amendment proposed by two thirds of the house senete (congress), ratified by conventions in 3/4 of state
Thsi process has only been made once (the 21st ammendment)

22
Q

What are the 2 least relevant ammendment processes?

A

1st) proposed by legislative in 2/3 of states calling for a national constitutional convention then it has to be ratified by 3/4 of state legislature, however thsi has never been be used
2nd) proposed by levislative in 2/3 of state calling from a national convention and thsi is ratified by 3/4 of teh state, however thsi has never been used

23
Q

What’s are the 6 failed ammendments?

A
  1. house size- when house gets bigger than 200 it can only have 1 rep for reason 50,000 meaning 5000 congressman today
  2. Any american who accepts a title of nobility or hiu out from foreign policy’s, would cease to be an american citizen and can no longer hold american office
  3. No ammendments to allow congress to interfere with any state or their institutions or persons held to labour or service by the laws of said state i.e. slavery
  4. To limit, regulate and prohibit the labour of persons under 18 yes of age
  5. Equality of rights under laws should not be denied or abridged by the united stte or by any state on account for second
  6. To grant Washington D.C. writing fill representation in congress
24
Q

Advantages of the amendment process?

A

•Super majority ensure against a small majority being able to impose its will on a large minority
•It can ensure that both the federal and state govt must favour a proposal
•Porvizij for a constitutional convention called by the states ensures a veto being operated by conbress on the initiation of ammendments
•Lengthy complicated process makes it less likely that the constitution will be amended on merely a temporary issue
•Gives a magnified voice to smaller propulsion states (through the senates role and the agreement of 3/4)

25
Q

Disadvantages of the amendment process?

A

•The voice of small population states is over represented
•The difficulty of formal amendment enhances the pier of the unelected supreme court to meme interpretative amendments
•Makes it possible the thwarting of the will of the majority by a small and possibly unrepresentative minority
•Makes it overly difficult for the constitution to be am need thereby perpetuating outdated provision
•The voice of small population states is over represented
•Lengthy and complicated process nonetheless allowed the prohibiting ammendment to be passed on 1918
•It gives a magnified voice to the smaller population states

26
Q

3 features of the US constitution?

A

A codified constitution
A blend between of specifity and vaugness
Provisions are entrenched

27
Q

-Feature of the constitution- codified?

A

A code is a system at c and authorise collection of rules
Consists of 7 articles and 3 article are enumerated or delegate powers granted to federal govt significant that federal government deceit posses ultimate of this s are given to constitution but given less specific powers

28
Q

-Features of codified constitution- a blend of specificity an vagueness?

A

Some implied powers, implied powers deduced from before and political power that clause (elastic causes are those that can be stretched beyond its powers)
•Constitution delegated certain power to follow gift and included reserved powers
•Concurrent powers, powers who s by federal and state gift by collected and ax
•Supreme court enshrining constitution and key principles of govt

29
Q

Features of the codified constitution- its provision and entrenched?

A

Entrenchment non political meaning
Various govt or political provisions entrenched
Complicated system
with super majority to make amendments many of them are difficult

30
Q

What are the first 10 amendment to the US constitution?

A

What are the first 10 amendment to the US constitution?
The bill of right

31
Q

-The bill of rights first amendments?

A

Freedom of speech, religion, press, assembly and petition

32
Q

The bill of rights second amendments?

A

Right to bear arms

33
Q

The bill of rights third amendments?

A

Quartering of soldiers

34
Q

The bill of rights fourth amendments?

A

Arrest and searched

35
Q

The bill of rights 5th amendments?

A

Rights of person accused of crimes

36
Q

The bill of rights 6th ammendment?

A

Rights of persons on trial for crimes

37
Q

The bill of rights 7th amendments?

A

Jury trials in civil cases

38
Q

The bill of rights 8th amendments?

A

Limitations of bail and punishment

39
Q

The bill of rights 9th amendments?

A

Rights kept by the people

40
Q

The bill of rights 10th amendments?

A

Powers kept by the states or the people

41
Q

Is the constitution difficult to amend?

A

-Very few amendments 27 in last 200 yrs
-Constitutional provisions are outdated e.g. second amendment
-Prevents constitution being up dated especially in areas of rights due to amendment process
-Too much informal amendments takes place via Supreme Court judgment from individuals who are unelected and unaccountable
-Although in theory states can indicate the formal amendments process under Article V, no national constitutional convention has ever been held

42
Q

Is the constitution too hard to amend formally- no?

A

-High threshold for formal amendments ensuring that changes only happens when their is wide consensus and broad agreement
-Obsolete clauses of the constitution can be reappealed, as happened with prohibition
-Rights of many groups not specifically singled out for protection of the constitution can be equally well defended by federal and state laws
-The supreme court often take note of the direction of public opinion when reachers its conclusions and so informal amending the constitution
-The current amendment procedure, in theory at least allows for a federal dimension to be present via a national constitutional convention as it is state initiated

Politics paper 2- America msaunders (18 decks)

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