Constitution Flashcards
When was the initial constitutional convention established?
1787 but agreed to by 9/13 states
What form of government did it put forward?
Representative; not specifically democratic
What was a criticism of the constitution relating to representation?
Fear of mass democracy
Founding fathers’ demographic
What was the purpose of strict checks and balances?
Suspicion of strong centralized authority
What did Montesquieu argue?
State should be separated into three sectors
One person shouldn’t be allowed in more than one branch
What is the difference between US and UK administration/civil service?
UK is non partisan, US is partisan and changes each election if president changes
Which branch of government isn’t included in the constitution?
Judiciary
How often is the Senate elected?
Every 2 years a third is elected
How many amendments have there been in total?
33 accepted, 27 adopted by the states in practice
How does the Supreme Court contribute to amending the constitution?
Interpretation can mean different outcomes for parts of the constitution
When was judicial review established?
Marbury vs Madison 1803
What were the first ten amendments?
Bill of Rights
Which branch has no say in constitutional amendments?
President
How did the constitution aid desegregation groups?
NAACP vs Alabama 1958
Supreme Court ruled NAACP had first amendment right to not give member lists
Which article initially outlined provision for amendments?
Article five
Need confirmation from all the states
What two methods can be used to propose an amendment?
2/3 majority in both houses of congress
2/3 of state legislatures call for an amendment
How do amendments need to be ratified?
3/4 of state legislatures need to confirm it
What is one example of a Supreme Court ruling regarding the first amendment?
Texas v Johnson 1989
5-4 ruling protecting burning the flag
How can the second amendment be interpreted in different ways?
Could be said to protect right to form militias, not to hold guns
What are some examples of SC court decisions protecting and diminishing the second amendment?
US v Miller 1939 - required registration of sawn off shotguns
DC v Heller 2008 - banning handguns in DC was unconstitutional
When was the fourth amendment used in Supreme Court?
Katz v US 1967
Conviction of gambling rejected since he was recorded without probable cause
What does the fifth amendment provision?
People must be convicted by a jury before being taken to court
Cannot be tried twice
When was the sixth amendment used?
Duncan v Louisiana 1968
Arrested and charged for battery after slapping a duck
Was charged without jury which was ruled unconstitutional
When was the eighth amendment used to avoid “cruel punishment”?
Coker v Georgia 1977
Couldn’t give death penalty for rape since seen as excessive
When was the ninth amendment first invoked?
Griswold v Connecticut 1965
Ban on contraception unconstitutional since its a private matter
used ninth to rule something unconstitutional without it being banned in the constitution
How can tenth amendment be used to restore limits on federal power?
Prints v US 1997 - handgun violence prevention act was constitutional since states should decide if they want background checks
Where are the powers of the federal government outlined?
Article I, Section 8
enumerated powers
What powers is the federal government granted by the constitution?
Taxation, borrowing, regulating commerce, citizenship, regulate currency, post offices, roads, courts, declare war, raise an army
What are the federal denied powers?
Prohibiting slaves until 1808
Suspending habeas corpus
Cannot tax goods exported by states
Cannot take money from treasury without congressional approval
What are prohibited rights for states?
Entering treaties
Pass ex post facto law
Keep state armies
Tax imports/exports
Coin money
What holds federal law over state law?
Supremacy Clause
Which clause allows the federal government to expand its influence ?
Elastic clause
Increase authority in examples such as setting minimum wage, regulating banks, controlling state funding
What was dual federalism?
Lasted until 1937
Federal and state governments had clear separation
What was the compromise of 1850?
Free and slave states sought to maintain an equal balance in congress
California wanted to be a free state
Slave states said fugitive slaves have to be returned from free territories
How did the civil rights movement reform the constitution?
Introduced the 14th amendment
Expanded the federal control over issues previously reserved for states
What was the second stage of federalism?
Cooperative federalism
1937 - 1960s
Falling AD and rising unemployment
Great Depression
Which amendment increased tax raising power of the federal government?
16th amendment 1913
Taxes could now be based on income rather than shared equally amongst states
Two examples of the Supreme Court protecting states during the Great Depression
National Industrial Recovery Act 1933 - federal agency for setting industrial regulations
Agriculture Adjustment Act 1933 - federal subsidies to farmers who restrict supply and increase price
When was the turning point in Supreme Court attitude toward FDR’s interventionism?
Labour Relations Board v Jones & Laughlin Steel 1937
Ruled that labour could be legislated on commerce
What was the third stage of federalism?
Coercive federalism from 1960s to 1980s
Issues such as segregation and increasing inequality
How did Eisenhower enforce federal law?
Used federal soldiers to enforce integration in Little Rock high school
How did some federal regulations reduce state budgets?
Unfounded mandates such as the
Clean air act 1963/Water Quality Act
How did congress use funding to enforce national drinking minimum age?
Said states which have no minimum drinking age would get 10% less funding for roads
Ruled constitutional as states could just refuse funding
How many amendments have been passed since the founding?
27; 10 passed in the bill of rights
Examples of failed are death penalty abolition and human life amendments
What is an example of an amendment being repealed ?
18th amendment
Prohibition led to rise in gangs, corruption and health issues due to lack of regulation
21st amendment undid 18th
Example of elasticity of the constitution
Necessary and proper cause allows congressional jurisdiction over scope of presidential authority
Example of judicial review regarding individual rights in the constitution?
Riley v California
Warrant needed to search a mobile phone
John Roberts ruled that privacy in the 4th amendment protected mobile phones
What concept describes an evolving codified constitution?
Described as a living document which allows judicial review to change according to the context
How can convention become part of the formal running of government despite not being in the constitution?
Judicial review and the cabinet are not codified rights
When was judicial review established?
Marburg v Madison 1803
Which congressional institutions are not in the constitution?
Political parties, committees
Who established the two term limit?
Washington
1940 FDR broke the convention and elected for third
22nd amendment formalised this convention
