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Politics > consitution > Flashcards

consitution Flashcards

1
Q

how many states signed a doi

A

13 at first

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2
Q

first american president

A

george washington

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3
Q

4 founding fathers

A

George washington
Alexander hamilton
thomas jefferson
benjamin franklin

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4
Q

how many amendments have been made to the constitution

A

27

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5
Q

2nd amendment

A

right to bear arms

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6
Q

6th amendment

A

right to fair trial

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7
Q

13 amendment

A

end of slavery

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8
Q

14th amendment and what did it include

A

equal protection of the laws

abortion and same sex marriage

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9
Q

19th amendment

A

women’s right to vote

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10
Q

20th amendment

A

Lame duck , removed excessively long period of time a undefeated president or member of congress would continue to serve after his failed bid for reelection

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11
Q

stages in amendment process

A

Proposal stage in congress
ratification by states

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12
Q

what are the enumerated powers and where are they found

A

specific written powers which set out the powers of the federal gov
found in article 1 2 and 3

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13
Q

senate elections

A

6 year terms
1/3 get reelected on a 2 year cycle
these are called mid terms

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14
Q

House of Rep elections

A

all 435 reelected every 2 years

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15
Q

what is the bill of rights

A

made up of the first 10 amendments
method of protecting peoples rights against gov power and states against fed gov

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16
Q

what does amendment 10 state

A

all powers not given to the federal gov belong to the state or to the people

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17
Q

nature of consitution (3)

A

codified
entrenched
vague and specific

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18
Q

principles of the constitution

A

federalism and limited gov
Sop and bipartisanship
checks and balances

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19
Q

The us consitution is codified and has been through the process that is

A

it is authoritative - highest law
entrenched - difficult to change
judicable - standard against other laws

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20
Q

what does an entrenched constitution entail

A

It’s protected from those who would want to change or abolish it
the amendment process is difficult and ridgid

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21
Q

how many amendments have been made in the past 200 years

A

15

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22
Q

how many amendments has congress introduced

A

11,000

23
Q

27th amendment and when was it ratified

A

forbids any changes to the salary of Congress members from taking effect until the next election concludes

proposed in 1789 but wasn’t untill 1992 that 3/4 states ratified

24
Q

Child labour amendment

A

pending since 1924 currently 28 states ratified

25
Q

every vote counts amendment 2009

A

to abolish electoral college
died in congress

26
Q

proposals passed by congress but didn’t receive enough state support

A

equal rights amendment, equality of rights on the count of sex 1982

district of columbia voting rights amendment, full representation as if it were a state, and dc would also be able to participate in amendment process 1985

27
Q

proposals voted on in congress that did not receive 2/3 in each chamber of congress

A

Flag protection amendment, iliegal to desecrate US flag. Flag protection act was overturned by supreme court due to amendment 1 Freedom of expression
Senate failed

Federal marriage amendment, Seeks to define marriage as only between a man and a woman. Failed in house and senate

28
Q

Proposals introduced by congress but were not voted on by both chambers

A

right to vote amendment, end felony voting restrictions

saving american democracy amendment, proposed by senator bernie sanders 2011 aimed to overturn Citizens united V FEC where the court removed regulations on funding of elections.
aims to limit influence of corporate donors

29
Q

Types of supreme court justices

A

Strict constructionists- follow originalism seek to apply original meaning, historical interpretations

Loose constructionists- founders intent

30
Q

attempts of abolishing EC

A

700 attempts all failed due to needing a supermajority
1969 came the closest after Nixon won presidency with only less than 1% more votes than Humphrey

31
Q

Filibustering

A

Tactic used in senate to talk down and bill and prevent it being voted on

32
Q

Examples of implied and enumerated powers

A

Conscription ( drafting people into war) is implied

Power to raise an army is enumerated

congress power to provide general welfare and common defence is enumerated

power for congress to tax is to provide defence is implied

33
Q

where do we find the implied powers

A

“necessary and proper” clause A1 S8
also referred to as the elastic clause because it allows the executive to bend and stretch

34
Q

McCulloch V Maryland

A

SC ruled gov has right to create a national bank - implied
state cannot tax as a business
because congress as the enumerated power to collect tax

35
Q

Gibbon v Ogden

A

New York waters, bussiness has monopoly over them

this prevented competition as this business would tax all people who used the waters and would keep the tax

went to court as the business should not be able to tax and keep the money

SC ruled federal laws trump state laws as other associated businesses come under “commerce”

36
Q

Supremacy clause

A

Found in A4
enshrines the into constitution that national law is supreme

37
Q

what is federalism

A

system of gov where political power is divided between national gov and state govs , each having own areas of substantive jurisdiction (powers of decision making)

38
Q

Each state has their own mini version of fed gov which included

A

Consitution
Supreme court
Head of exec (governor)
legislature (assembly REP and state congress SENATE)

39
Q

Key amendments that highlight limited gov

A

A1- right to freedomof speech and peaceful assembly and gov

A8- no excessive fines, cruel punishment

A10- power of states

40
Q

biden bipartisan infrastructure law bill

A

passed in 2021, but required heavy cooperation in congress to pass spending bill
due to SoP, Biden relied on cooperation from congress to support the bill

41
Q

Themes for Checks and balances

A

Presidents can appoint judges to fill vacancies/Legislature can refuse judicial appointments ( Trump and obama example)

President can veto bills/Legislature can override presidential veto

President can grant reprieves and pardons/Legislature can impeach and remove president from office

42
Q

example of a check and balance for the legislature about sc nominations

A

MERRICK GARLAND nominated by obama 293 days before end of presidency
congress refused to vote on it

43
Q

executive orders and trump examples

A

due to vagueness of constitution, difficult to determine presidents power
has been used to extend power of exec

Trump passed the most, retesting obamacare, temporary suspension of travel between US and majority muslim countries + building wall between mexico and US

44
Q

examples of bipartisanship

A

violence against women act 2013
all female senators voted in favour

Repeal of don’t ask don’t tell 2010
changed the act that prevented LGBT members of the military from disclosing their sexuality/relationships
Co sponsored by 3 democ and 3 repub

45
Q

Dual federalism

A

layer cake federalism
the separate layers represent the fed gov and state responsibilities
clear divisions and no overlap

46
Q

14th amendment over rules dred

A

this gave citizenship to everyone born or naturalised in america
and states cannot pass laws that limit citizenship
equal protection clause

47
Q

15th amendment in terms of state

A

right to vote shall not be denied by any state on count of race colour or previous conditions of servitude

48
Q

cooperative federalism

A

states and federal gov work together
also marble cake federalism as distinctions are much less clear and there is greater overlap

49
Q

Coercive federalism

A

ability of the federal government to override state powers and impose policies on the states

50
Q

Supreme court civil rights act 1964

A

banned discrimination upheld in heart of atlanta hotel v US as the hotel refused to serve black customers

51
Q

What efforts were made to stop minorities from voting

A

literacy tests, pol taxes and property ownership

voting rights act banned literacy tests

52
Q

New federalism

A

attempt to reduce federal power and return autonomy to the states

53
Q

which presidents supported different form of federalism

A

Nixon
Reagan pushed futher he said that the states created the fed gov and that gov is the problem

Politics (17 decks)

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