consitution US Flashcards
how many states signed a doi
13 at first
first american president
george washington
4 founding fathers
George washington
Alexander hamilton
thomas jefferson
benjamin franklin
how many amendments have been made to the constitution
27
2nd amendment
right to bear arms
6th amendment
right to fair trial
13 amendment
end of slavery
14th amendment and what did it include
equal protection of the laws
abortion and same sex marriage
19th amendment
women’s right to vote
20th amendment
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
stages in amendment process
Proposal stage in congress
ratification by states
what are the enumerated powers and where are they found
specific written powers which set out the powers of the federal gov
found in article 1 2 and 3
senate elections
6 year terms
1/3 get reelected on a 2 year cycle
these are called mid terms
House of Rep elections
all 435 reelected every 2 years
what is the bill of rights
made up of the first 10 amendments
method of protecting peoples rights against gov power and states against fed gov
what does amendment 10 state
all powers not given to the federal gov belong to the state or to the people
nature of consitution (3)
codified
entrenched
vague and specific
principles of the constitution
federalism and limited gov
Sop and bipartisanship
checks and balances
The us consitution is codified and has been through the process that is
it is authoritative - highest law
entrenched - difficult to change
judicable - standard against other laws
what does an entrenched constitution entail
It’s protected from those who would want to change or abolish it
the amendment process is difficult and ridgid
how many amendments have been made in the past 200 years
15
how many amendments has congress introduced
11,000
27th amendment and when was it ratified
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
Child labour amendment
pending since 1924 currently 28 states ratified
every vote counts amendment 2009
to abolish electoral college
died in congress
proposals passed by congress but didn’t receive enough state support
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
proposals voted on in congress that did not receive 2/3 in each chamber of congress
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
Proposals introduced by congress but were not voted on by both chambers
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
Types of supreme court justices
Strict constructionists- follow originalism seek to apply original meaning, historical interpretations
Loose constructionists- founders intent
attempts of abolishing EC
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
Filibustering
Tactic used in senate to talk down and bill and prevent it being voted on
Examples of implied and enumerated powers
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
where do we find the implied powers
“necessary and proper” clause A1 S8
also referred to as the elastic clause because it allows the executive to bend and stretch
McCulloch V Maryland
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
Gibbon v Ogden
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”
Supremacy clause
Found in A4
enshrines the into constitution that national law is supreme
what is federalism
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)
Each state has their own mini version of fed gov which included
Consitution
Supreme court
Head of exec (governor)
legislature (assembly REP and state congress SENATE)
Key amendments that highlight limited gov
A1- right to freedomof speech and peaceful assembly and gov
A8- no excessive fines, cruel punishment
A10- power of states
biden bipartisan infrastructure law bill
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
Themes for Checks and balances
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
example of a check and balance for the legislature about sc nominations
MERRICK GARLAND nominated by obama 293 days before end of presidency
congress refused to vote on it
executive orders and trump examples
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
examples of bipartisanship
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
Dual federalism
layer cake federalism
the separate layers represent the fed gov and state responsibilities
clear divisions and no overlap
14th amendment over rules dred
this gave citizenship to everyone born or naturalised in america
and states cannot pass laws that limit citizenship
equal protection clause
15th amendment in terms of state
right to vote shall not be denied by any state on count of race colour or previous conditions of servitude
cooperative federalism
states and federal gov work together
also marble cake federalism as distinctions are much less clear and there is greater overlap
Coercive federalism
ability of the federal government to override state powers and impose policies on the states
Supreme court civil rights act 1964
banned discrimination upheld in heart of atlanta hotel v US as the hotel refused to serve black customers
What efforts were made to stop minorities from voting
literacy tests, pol taxes and property ownership
voting rights act banned literacy tests
New federalism
attempt to reduce federal power and return autonomy to the states
which presidents supported different form of federalism
Nixon
Reagan pushed futher he said that the states created the fed gov and that gov is the problem
obama use of presidential veto
Pledged to veto any attempt to repeal the ACA
Biden presidential veto
13 times
threaten to veto the raising of the US debt ceiling this secured negotiations with speaker McCarthy to create Fiscal responciblity act
how can presidential veto be overruled
by congress though a 2/3 supermajority
when has congress overruled a presidents veto
33% of Bushs vetos
2019 trump veto of the budget in an attempt to secure funding for the mexican border wall
when is congress overruling presidential vetoes likely to happen
in a divided government
the supreme court can declare legislation from congress by
declaring it’s incompatible with the constitution and this is binding, this upholds constitutional sovereignty
Shelby country V holder
court stuck down the pre clearance requirement of Voting Rights Act which requires certain states and local governments to ask gov before implementing any changes to their voting laws based on their histories of racial discrimination in voting
supreme court rulings could be ineffective check and balance as
they are unelected
acts as quasi legislative body
declarations of incompatibility are weak because (2)
congress can overrule with a constitutional amendment
and rulings for court can be weak due to ideologies and appointments
when has a con leaning SC overruled DOI
dobbs v jackson with a 6/9 con
con judges are more likely to exhibit
judicial restraint , allow exec to do what they want as they are elected
congress has robust checking ability to
hold president and SC to account though impeachment
hasn’t happened in modern Us
but THREAT is effective
examples of impeachment threat having an impact
Nixon resignation due to threat over watergate (could be due to media)
trump lost 2020 over two attempted impeachments
example of coercive federalism in 2025 California
California costal commission 1972 regulates land use, regulations can stop econ growth
Grenell (Envoy for special missions) wants to withhold federal funds to pressure state to abolish, to eventually improve funding for california to pay for relief aid
Trump exec order on birthright citizenship
First day EO to end birthright citizenship of children born in US to parents who are undocumented (14th amendment)
Will most likely be struck down as 19 states have filed court challenges and congress will follow
also limits Presidents power
Trumps 2025 exec orders first day
most ever on first day
including leaving WHO, paris agreement and suspending all foreign aid for 3 months
rolled back on 78 of Bidens EO related to racial equality in federal gov
president pursing their agenda through exec action rather than congress
imperial presidency
Exec actions by trump and cabinet
Marco Rubio administrator for US agency for international development
Trump signals to shut the agency down
highlights expansive nature of pres power as only congress can shut down a agency or give a pres the power to c
