Constitution Flashcards
How many articles in the constitution
7
How many amendments in the constitution
27
When was the constitution ratified and came into force
Ratified 1788
Came into force 1789
What does article 5 do
Entrenches the us constitution, meaning a super majority is needed to ratify conventions and amendments
What are enumerated powers
Powers explicitly given to each branch of government
What are implied powers
Those that are suggested or needed by the constitution, vague.
What article and section sets out enumerated powers
Article 1 section 8
An example of an implied power
The regulation of sales of substances and banning of other substances eg drugs
4 Positives of the us constitution
Vagueness- can be interpreted in modern times
Clarity - clearly outlined structure of government
Entrench - prevents populist movements and preserves the founding fathers views
Simplicity - as it’s codified it allows all citizens to clearly know their rights
Negatives of the constitution
Extent of the federal government unclear - the elastic clause states that congress is entitled to make all laws that shall be necessary. This creates discourse with the federal and state governments.
Vagueness
Difficult to amend
Article 1
Grants all legislative powers to congress
Outlines the election process for each chamber
What is article 2
Grant’s executive powers to the president and vice
Both will be elected via a system known as the electoral college
What is article 3
Grants judicial powers to the Supreme Court
No term limit for judges
Appointing to Supreme Court done by the president
What is article 4
Sets out state relations
All states have to respect the laws of other states
All citizens treated equally in each state
What is article 5
How to amend the constitution
Needs 3/4 states agreement and supermajority in congress
Another way is through constitutional convention when amendments are proposed by the states at 3/4 agree
What is article 6
Contains supremacy clause which makes the constitution the highest law in the us
No religous test shall ever be required as a qualification for public office
What is article 8
Sets out the ratification process for the constitution to be in place
What amendments are in the bill of rights
1st: The right to freedom of speech and religion.
2nd: The right to bear arms.
4th: The right to not have “unreasonable searches and seizures”
6th: The right to a trial by jury, the right to a lawyer.
8th: The right not to have cruel and unusual punishments.
10th: all power not granted to the federal government is granted to the states and the people.
What did the 13th 14th 15th amendments achieve
Abolishes slavery and led to more civil rights to ex-slaves
What is the 19th amendment
Gave women the right to vote
What did the 22 amendment do
Limited the president to 2 terms
What did the 26th amendment do
Changed voting age from 21 to 18
How does the constitution limit populism
Makes it hard for one person to make big changes
Donald Trump tweeted that he could end birthright citizenship (automatic citizenship granted to someone born in the US), as protected by the 14th amendment, with an executive order. But couldn’t as it wouldn’t be agreed on by all the states.
Advantages of the amendment system
Stops populist change
Helps smaller states
Protects the key aims of the founding fathers Eg Regular elections and separation of powers
Disadvantages of the amendment system
states underrepresented - The population of Wyoming is around 600k whereas the population of California is around 40m But get the same power of ratification
undemocratic - will of the people can be stopped by 13 states - Eg The Era has been trying to get through feminist legislation since 1921 but small conservative states stop it
What articles set out federalism
1-4
Which amendment gives the states all powers not given to the federal government?
10th
Reasons why federalism is effective
each state has a functioning 3 branches of government
States ratify amendments so they hold lots of power
protections, rights, taxes are different in every state - There is no sales tax in Oregon
reasons why federalism isn’t effective
The powers given to the state and federal governments are very vague
Most states do not have all yearly legislatures
Congress can issue mandates that the state governments have to follow.
Example of separation of powers
When Barack Obama and Joe Biden became President and Vice President (executive branch) they had to give up their seats in the Senate (legislative branch).
Example of an executive Check and Balance
For example, the President (executive) appoints justices to the Supreme Court but they have to be approved by the Senate (legislative).
What is a check or balance from every branch of government
Executive - Presidential Veto
Legislature - Power of the purse, declares wars
The supreme court can declare laws and actions unconstitutional
Reasons why checks and balances are effective
Recent attempts by the executive to change the structure of the Supreme Court in order to help pass legislation have been blocked by Congress.
The President is unable to fire judges
executive orders can be nullified
The supreme court can keep the president in line by declaring things unconstitutional
Has Bi Partisanship been effective
In the 1960s the two parties worked together under President Lyndon B Johnson, who was a Democrat, and in the 1980s under President Ronald Reagan, who was a Republican.
There was little bipartisanship under Obama, but in 2010 ‘Don’t Ask, Don’t Tell’ was repealed by a bill that was sponsored by a group of Republicans and Democrats, and supported by a group of Republicans who voted with the Democrats.
Is Bi Partisan not effective
When there is divided government (different parties controlling the House of Representatives, Senate and Presidency) the need for bipartisanship has caused many problems.
As political parties have become more polarized in recent years it has become more difficult to reach compromise agreements meaning much less legislation is passed and occasionally the government has had to temporarily shut down.
This ‘political evil’ was feared by John Adams, one of the Founding Fathers.
How is the Government Limited
The separation of powers and the system of checks and balances were put in place to restrict the power of the federal government.
The codification and entrenchment of the constitution prevents the government from imposing their will on the citizens.
The addition of the Bill of Rights also limited the power of the government by protecting the rights of the individual and the states.
Why is a limited government effective
The Supreme Court has often struck down legislation on the basis that it imposes on the rights of citizens as set out in the Bill of Rights.
Checks and balances and divided government has often prevented or diluted social reforms by the Democrats that would expand the powers of the federal government.
Why is a limited government not effective
Conservatives and libertarians argue that the government has gotten too ‘big’ as it has expanded its role in economic and social policy.
They want to limit the government’s role in
these areas, especially welfare programs.
Many also argue that the federal government has grown too large and has more power over the states than the founding fathers originally intended.
What amendment created federalism
The 10th amendment of the US Constitution lays out the federal system of the United States
When did dual federalism happen and what was it
1789 till the 1920s, 1930s
This was when the president and the federal government had little to no power
When was cooperative federalism and what was it
it was the 1930s till the 1960’s
This was when the executive started to gain more power. When governmental departments were created and when grants were first given to states
When was new federalism and what is it
It was the 1970s till the 1990s
This was when power was being transferred back to the states. This was done prominently by republican presidents
What hapend to federalism under barrack Obama
Under barrack Obama power was transferred more towards the federal government.
Healthcare was a big example as he made it mandatory for people to get health insurance
Power was sometimes given to the states, but only when it was advantages for Obama’s administration
What powers are state only
States have the exclusive power to ratify amendments to the constitution.
States have the exclusive power to conduct elections.
States tend to have more power over the day-to-day lives of their residents.
What powers does the federal government have
The federal government has exclusive power to print money and declare war.
The federal government has “implied” powers
The federal government can choose how much power it has over the states.
This power increased from the 1920s and 1930s onwards.
The strengths of the us democracy
The amendment process means that any changes have to take place with consent from democratically elected representatives and state governments.
The separation of powers limits the individual power of any one person or group to prevent tyranny and despotism.
The frequent elections means that there can be a regular transfer of power and regular opportunities for the people to cast a vote.
The constitution enshrines democratic ideals
The weaknesses of democracy in the us
The electoral college doesn’t give equal representation to all voters
The vagueness of the constitution allows the executive and the legislature to make laws which haven’t been consented on by the public.
The constitution doesn’t account for other actors that may influence the decision-making process, such as lobbyists, and doesn’t account for the difficulties of campaign finance.
The amendment process means that a small group of states can block the will of a majority of states.
Arguments that the us has stayed federal
Citizens can vote for lots of things in their states
All states have their own governments and constitutions
The 10th amendment means states still have rights
The supreme courts protected states rights
States can make their own laws Eg weed is legal in Washington DC
States have control over social policy
Arguments against the us still being federal
The constitution, fundamentally, gives Congress the power to enact all “necessary and proper” laws, which limits the independence of state governments depending on how this is interpreted.
The Commerce Clause also encroaches on the freedom of states. Congress used this clause to legally mandate that all citizens purchase health insurance.
The executive branch has ballooned in size since WW2.
There are now many more federal departments and posts which oversee different aspects of citizen’ lives. This previously would have been left to states.
For example, the Department of Homeland Security was formed in 2002.
The ultimate legal authority is the Supreme Court, which can overrule state supreme courts.
