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Us Politics > Constitution > Flashcards

Constitution Flashcards

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1
Q

How many articles in the constitution

A

7

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2
Q

How many amendments in the constitution

A

27

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3
Q

When was the constitution ratified and came into force

A

Ratified 1788

Came into force 1789

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4
Q

What does article 5 do

A

Entrenches the us constitution, meaning a super majority is needed to ratify conventions and amendments

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5
Q

What are enumerated powers

A

Powers explicitly given to each branch of government

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6
Q

What are implied powers

A

Those that are suggested or needed by the constitution, vague.

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7
Q

What article and section sets out enumerated powers

A

Article 1 section 8

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8
Q

An example of an implied power

A

The regulation of sales of substances and banning of other substances eg drugs

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9
Q

4 Positives of the us constitution

A

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

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10
Q

Negatives of the constitution

A

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

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11
Q

Article 1

A

Grants all legislative powers to congress

Outlines the election process for each chamber

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12
Q

What is article 2

A

Grant’s executive powers to the president and vice

Both will be elected via a system known as the electoral college

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13
Q

What is article 3

A

Grants judicial powers to the Supreme Court

No term limit for judges

Appointing to Supreme Court done by the president

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14
Q

What is article 4

A

Sets out state relations

All states have to respect the laws of other states

All citizens treated equally in each state

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15
Q

What is article 5

A

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

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16
Q

What is article 6

A

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

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17
Q

What is article 8

A

Sets out the ratification process for the constitution to be in place

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18
Q

What amendments are in the bill of rights

A

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.

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19
Q

What did the 13th 14th 15th amendments achieve

A

Abolishes slavery and led to more civil rights to ex-slaves

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20
Q

What is the 19th amendment

A

Gave women the right to vote

21
Q

What did the 22 amendment do

A

Limited the president to 2 terms

22
Q

What did the 26th amendment do

A

Changed voting age from 21 to 18

23
Q

How does the constitution limit populism

A

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.

24
Q

Advantages of the amendment system

A

Stops populist change

Helps smaller states

Protects the key aims of the founding fathers Eg Regular elections and separation of powers

25
Q

Disadvantages of the amendment system

A

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

26
Q

What articles set out federalism

A

1-4

27
Q

Which amendment gives the states all powers not given to the federal government?

A

10th

28
Q

Reasons why federalism is effective

A

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

29
Q

reasons why federalism isn’t effective

A

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.

30
Q

Example of separation of powers

A

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).

31
Q

Example of an executive Check and Balance

A

For example, the President (executive) appoints justices to the Supreme Court but they have to be approved by the Senate (legislative).

32
Q

What is a check or balance from every branch of government

A

Executive - Presidential Veto
Legislature - Power of the purse, declares wars
The supreme court can declare laws and actions unconstitutional

33
Q

Reasons why checks and balances are effective

A

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

34
Q

Has Bi Partisanship been effective

A

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.

35
Q

Is Bi Partisan not effective

A

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.

36
Q

How is the Government Limited

A

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.

37
Q

Why is a limited government effective

A

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.

38
Q

Why is a limited government not effective

A

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.

39
Q

What amendment created federalism

A

The 10th amendment of the US Constitution lays out the federal system of the United States

40
Q

When did dual federalism happen and what was it

A

1789 till the 1920s, 1930s

This was when the president and the federal government had little to no power

41
Q

When was cooperative federalism and what was it

A

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

42
Q

When was new federalism and what is it

A

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

43
Q

What hapend to federalism under barrack Obama

A

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

44
Q

What powers are state only

A

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.

45
Q

What powers does the federal government have

A

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.

46
Q

The strengths of the us democracy

A

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

47
Q

The weaknesses of democracy in the us

A

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.

48
Q

Arguments that the us has stayed federal

A

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

49
Q

Arguments against the us still being federal

A

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.

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