CONSTITUTION Flashcards

1
Q

nature of the constitution

A

codified
entrenched
7 articles
1789
27 amendments

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2
Q

last amendment

A

1971 lower voting age to 18

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3
Q

what does article V do

A

entrenches the constitution, requires supermajority to change amendments

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4
Q

what is the bill of rights

A

first 10 amendments of the constitution (entrenched)

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5
Q

examples of bill of rights

A

freedom of speech
freedom of religion
right to bear arms

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6
Q

what is vagueness of the constitution caused by

A

implied powers (suggested)

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7
Q

positives of the nature

A

clarity - seperation of poweres to prevent tyranny

simplicity- citizens aware of their rights

entrenched- protects intentions of founding fathers

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8
Q

negatives of its nature

A

unclear extent of a fed govt- power has expanded

vagueness- leaves a lot to interpretation (politicised SC worsens this)

entrenchment- difficulty to ammend

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9
Q

what does article I do

A

grants powers to congress and outlines the election process for each chamber

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10
Q

what does article II do

A

grants power to president and VP, both elected by electoral college system

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11
Q

what does article III do

A

grants judicial power to the supreme court - they are appointed by the president

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12
Q

Federalism - effectiveness

A

each state has own govt with 3 branches
have power to ratify amendments
protections, rights, taxes can differ between states

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13
Q

Federalism- no effective

A

given powers are vaguesst part to constitution
most states dont have year round legislatures
congress can issue mandates that state govts must follow

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14
Q

which amendments gives the states all the powers not given to fed govt

A

the 10th amendment

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15
Q

powers of congress

A

powers of the purse
pass laws
declare war
override president veto
impeach

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16
Q

powers of executive

A

veto legislation
commander in chief
appoint judicial candidates

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17
Q

powers of judiciary

A

declair legislation unconstitutional
judicial review
interpret constitution

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18
Q

bipartisanship

A

lack of co ordination between two parties

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19
Q

example of bipartinsanship

A

repeal of bill ‘dont ask dont tell’ Obama

20
Q

how is the govt limited

A

seperation of powers limits fed govt
codifcation prevents govt proposing their will on citizens
bill of rights by protecting citizens rights

21
Q

criticism of seperation of powers

A

use of executive orders concentrates powers

judges can owe patronage to the president and inadequately check bills a s a result

22
Q

how does the constituion limit govt

A

seperation of powers
entremchment
Bill of Rights

23
Q

what are the state powers

A

ratify amendmentas to the constitution
conduct electio s
issue licenses for marriages

24
Q

what are shared powers

A

levying yaxes

25
which section of the constitution sets out the implied powers
article I section 8
26
judicial checks on exec
declare acts of president unconstitutional they serve for life so cannot be dismissed by subsequent presidents
27
judicial checks on congress
declare acts uncnstitutional cannt be removed by a congressional vote
28
legislative checks on exec
overriding a veto must confirm appointents o judiciary3 impeachment must approve foreign treaties power to declare war
29
legislative checks on judiciary
pass new laws to get around court rulings increase size of congress impeachment
30
exec checks on legislative
veto legislation exec orders initiate military action as CIC
31
exec chekcs on judiciary
issues pardons confirms and makes all judicial appointments
32
congress override example
in 2021 congress overrode trumps veto of a defence spending bill
33
congress confirmation of judicial appointment example
1987 rejected raegans nominationof Bork as a SC justice
34
congress approving military action example
2002 congress allowed bush to take military action in iraq
35
president veto example
trump vetoed a resloution to end the declaration of national emergency on the US-Mexico boarder declared a few months ago
36
impeachment example
the senate failed to impeach trump in 2019 and 2021 nixon went under impeachment trials in 1978
37
ratifying foreign treaties example
nuclear deal with iran in 2015 was made by obama without congressional approval in 2018 trump withdrew american from the deal again with congressional apporval
38
striking down unconstituional laws example
started with madison v marbury 1803 In 1913, the Thirteenth Amendment permitted a federal income tax following an earlier Supreme Court case (Pollock v Farmers’ Loan & Trust Co.) that declared federal income tax unconstitutional.
39
life tenure od judges example
FDR tried to pack down in 1930s when it struck down his New deal policy but was not backed by congress
40
disadvantages of federalism - clashing policy
fed law prohibits cultivation and sale of marijuana but california state govt legalise dit
41
power shifted to centreal govt?
after 1930s and FDR New Deal
42
amendment process
require 2/3 majority in both houses of congres and a ratification from 3/4 of all 50 states
43
failed amendment example
Equal Rights Amendment passed through congress but not ratified in time (1982)
44
crticisims of the constitution
- too difficult to amend - does not keep up with changin societel views -some powers conflict between fed and state policy e.g foreign policy -not all rights are equally protected -too much political power is granted to the unelected supreme court -
45
advantages of the consitituion
stability and continuity lack of precisiion allows for new interpretation overlap of powers should allow for cooperation of the branches and more productive government