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US And Comparative Politics > Constitution > Flashcards

Constitution Flashcards

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1
Q

When was the initial constitutional convention established?

A

1787 but agreed to by 9/13 states

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2
Q

What form of government did it put forward?

A

Representative; not specifically democratic

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3
Q

What was a criticism of the constitution relating to representation?

A

Fear of mass democracy
Founding fathers’ demographic

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4
Q

What was the purpose of strict checks and balances?

A

Suspicion of strong centralized authority

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5
Q

What did Montesquieu argue?

A

State should be separated into three sectors
One person shouldn’t be allowed in more than one branch

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6
Q

What is the difference between US and UK administration/civil service?

A

UK is non partisan, US is partisan and changes each election if president changes

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7
Q

Which branch of government isn’t included in the constitution?

A

Judiciary

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8
Q

How often is the Senate elected?

A

Every 2 years a third is elected

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9
Q

How many amendments have there been in total?

A

33 accepted, 27 adopted by the states in practice

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10
Q

How does the Supreme Court contribute to amending the constitution?

A

Interpretation can mean different outcomes for parts of the constitution

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11
Q

When was judicial review established?

A

Marbury vs Madison 1803

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12
Q

What were the first ten amendments?

A

Bill of Rights

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13
Q

Which branch has no say in constitutional amendments?

A

President

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14
Q

How did the constitution aid desegregation groups?

A

NAACP vs Alabama 1958
Supreme Court ruled NAACP had first amendment right to not give member lists

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15
Q

Which article initially outlined provision for amendments?

A

Article five
Need confirmation from all the states

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16
Q

What two methods can be used to propose an amendment?

A

2/3 majority in both houses of congress

2/3 of state legislatures call for an amendment

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17
Q

How do amendments need to be ratified?

A

3/4 of state legislatures need to confirm it

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18
Q

What is one example of a Supreme Court ruling regarding the first amendment?

A

Texas v Johnson 1989

5-4 ruling protecting burning the flag

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19
Q

How can the second amendment be interpreted in different ways?

A

Could be said to protect right to form militias, not to hold guns

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20
Q

What are some examples of SC court decisions protecting and diminishing the second amendment?

A

US v Miller 1939 - required registration of sawn off shotguns

DC v Heller 2008 - banning handguns in DC was unconstitutional

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21
Q

When was the fourth amendment used in Supreme Court?

A

Katz v US 1967

Conviction of gambling rejected since he was recorded without probable cause

22
Q

What does the fifth amendment provision?

A

People must be convicted by a jury before being taken to court

Cannot be tried twice

23
Q

When was the sixth amendment used?

A

Duncan v Louisiana 1968

Arrested and charged for battery after slapping a duck
Was charged without jury which was ruled unconstitutional

24
Q

When was the eighth amendment used to avoid “cruel punishment”?

A

Coker v Georgia 1977

Couldn’t give death penalty for rape since seen as excessive

25
Q

When was the ninth amendment first invoked?

A

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

26
Q

How can tenth amendment be used to restore limits on federal power?

A

Prints v US 1997 - handgun violence prevention act was constitutional since states should decide if they want background checks

27
Q

Where are the powers of the federal government outlined?

A

Article I, Section 8

enumerated powers

28
Q

What powers is the federal government granted by the constitution?

A

Taxation, borrowing, regulating commerce, citizenship, regulate currency, post offices, roads, courts, declare war, raise an army

29
Q

What are the federal denied powers?

A

Prohibiting slaves until 1808
Suspending habeas corpus
Cannot tax goods exported by states
Cannot take money from treasury without congressional approval

30
Q

What are prohibited rights for states?

A

Entering treaties
Pass ex post facto law
Keep state armies
Tax imports/exports
Coin money

31
Q

What holds federal law over state law?

A

Supremacy Clause

32
Q

Which clause allows the federal government to expand its influence ?

A

Elastic clause

Increase authority in examples such as setting minimum wage, regulating banks, controlling state funding

33
Q

What was dual federalism?

A

Lasted until 1937

Federal and state governments had clear separation

34
Q

What was the compromise of 1850?

A

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

35
Q

How did the civil rights movement reform the constitution?

A

Introduced the 14th amendment

Expanded the federal control over issues previously reserved for states

36
Q

What was the second stage of federalism?

A

Cooperative federalism
1937 - 1960s

Falling AD and rising unemployment
Great Depression

37
Q

Which amendment increased tax raising power of the federal government?

A

16th amendment 1913

Taxes could now be based on income rather than shared equally amongst states

38
Q

Two examples of the Supreme Court protecting states during the Great Depression

A

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

39
Q

When was the turning point in Supreme Court attitude toward FDR’s interventionism?

A

Labour Relations Board v Jones & Laughlin Steel 1937

Ruled that labour could be legislated on commerce

40
Q

What was the third stage of federalism?

A

Coercive federalism from 1960s to 1980s

Issues such as segregation and increasing inequality

41
Q

How did Eisenhower enforce federal law?

A

Used federal soldiers to enforce integration in Little Rock high school

42
Q

How did some federal regulations reduce state budgets?

A

Unfounded mandates such as the
Clean air act 1963/Water Quality Act

43
Q

How did congress use funding to enforce national drinking minimum age?

A

Said states which have no minimum drinking age would get 10% less funding for roads

Ruled constitutional as states could just refuse funding

44
Q

How many amendments have been passed since the founding?

A

27; 10 passed in the bill of rights

Examples of failed are death penalty abolition and human life amendments

45
Q

What is an example of an amendment being repealed ?

A

18th amendment
Prohibition led to rise in gangs, corruption and health issues due to lack of regulation

21st amendment undid 18th

46
Q

Example of elasticity of the constitution

A

Necessary and proper cause allows congressional jurisdiction over scope of presidential authority

47
Q

Example of judicial review regarding individual rights in the constitution?

A

Riley v California
Warrant needed to search a mobile phone

John Roberts ruled that privacy in the 4th amendment protected mobile phones

48
Q

What concept describes an evolving codified constitution?

A

Described as a living document which allows judicial review to change according to the context

49
Q

How can convention become part of the formal running of government despite not being in the constitution?

A

Judicial review and the cabinet are not codified rights

50
Q

When was judicial review established?

A

Marburg v Madison 1803

51
Q

Which congressional institutions are not in the constitution?

A

Political parties, committees

52
Q

Who established the two term limit?

A

Washington

1940 FDR broke the convention and elected for third

22nd amendment formalised this convention

US And Comparative Politics (7 decks)

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