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Constitution Flashcards

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1
Q

What are the three articles of the US Constitution?

A

Article 1- Congress
Article 2- Presidency
Article 3- Supreme Court

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2
Q

Where can the enumerated powers be found?

A

The first 3 Articles, specifically article 1 section 8.

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3
Q

What is the necessary and proper clause?
(the elastic clause)

A

It enables congress to pass special laws regarding funding and anything that the executive cannot.
eg. collecting taxes and create a military.

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4
Q

What are the benefits to having a codified constitution?

A

Laws are laid out clearly in one document.
Acts can be declared as unconstitutional, meaning rights are firmly protected.
Each branch of government understands their powers, and means that they cannot attempt to gain power unfairly.

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5
Q

What is federalism?

A

The powers given to the states, that cannot be taken away from the central government.

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6
Q

What are enumerated powers?

A

The powers that are explicitly given to the Federal government under the constitution.

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7
Q

Where was the first place that constitution written?

A

The Philadelphia Convention.

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8
Q

What was the New Jersey plan?

A

Congress should have one chamber, and each state would have the same amount of representatives. This was favoured by smaller states.

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9
Q

What was the Virginia Plan?

A

Proposed two chambers of Congress, but they would be represented in proportion to their states population size.

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10
Q

What was the Connecticut compromise?

A

Agreed that congress would be made of two chambers, on with equal representation and the other based upon state population.
Created the Senate and the House.

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11
Q

What is the Supremacy clause?

A

Found in Article 4.
States that the constitution will be the highest law within America.

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12
Q

What is article 1 section 8 often referred to?

A

Necessary and proper clause.

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13
Q

What are the reserved powers?

A

The powers given to the states.
The Tenth amendment ensures that the federal governments powers are guaranteed.

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14
Q

When was the declaration of independence signed?

A

4th July 1776

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15
Q

What are the people who wrote the Constitution known as?

A

Founding father or the Framers.

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16
Q

What are the powers that the states exercise?

A

The reserved powers.

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17
Q

What are the concurrent powers?

A

The shared powers of the federal govt and the states.

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18
Q

What are examples of reserved powers?

A

Marriage
Drinking age
Driving age
Local laws.

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19
Q

What are the specified powers of the federal govt?

A

Declaring war
Coin money
Borrow money
Establish Post offices
Control interstate commerce.

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20
Q

What are examples of concurrent powers?

A

Taxation rates
Road works.
Courts.

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21
Q

What are the features of the Constitution?

A

Codified.
Provisions are entrenched.
A blend of specificity and vagueness.

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22
Q

Where is the amendment process outlined?

A

Article 5

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23
Q

How many amendments have been made to the Constitution?

A

27

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24
Q

What does article 1 section 8 allow the govt to do?

A

Stretch their powers.
Such as “common defence”- allows them to raise an army.

25
Q

How does amendment process start?

A

either a 2/3 vote in the Senate and House.
2/3 of the states agree upon a new amendment.

26
Q

How does the ratification of amendments work?

A

3/4 of the States agree to the vote in congress.
3/4 of the Senate agrees to the states 2/3 request.

27
Q

Why is it difficult to pass a constitutional amendment?

A

It requires supermajorities to agree.

28
Q

What does the first amendment say?

A

The insurance of freedom of speech.

29
Q

What does the second amendment state?

A

The right to bear arms.

30
Q

What does the fifth amendment state?

A

The right to remain silent and against self incrimination.

31
Q

What are the first 10 amendments referred to as?

A

The Bill of Rights.

32
Q

What makes the 18th Amendment special?

A

It is the only attempt to legislate through an amendment.
It is the only amendment to be repealed.

33
Q

What did the 21st amendment do?

A

Repeal the 18th amendment of prohibition.

34
Q

What were the names of the founding fathers?

A

George Washington
James Madison
Alexander Hamilton
Thomas Jefferson
John Adams
John Jay

35
Q

How many of the founding fathers have served as president?

A

4
Thomas, Madison, Washington, Adams.

36
Q

What is the idea of separation of powers?

A

Power is distributed between all three branches of government. It prevents one from become overly powerful.

37
Q

Why is the constitution hard to change and separate the powers?

A

A fear of tyranny, avoids an overly power government.
To avoid a likeness to the UK government that they had become independent from.

38
Q

What is an example of power separation?

A

When Obama and Biden became president they were required to resign from the Senate.

39
Q

What checks are used by congress on the Judiciary?

A

Can impeach and remove any judge.
Approve the appointment of justices.

40
Q

What checks are used by the executive on the Judiciary?

A

Appoints federal justices.
Can pardon federal offenders.

41
Q

What checks can the judiciary use on the executive and congress?

A

Declare acts as unconstitutional.

42
Q

What checks can the executive operate on Congress?

A

Can propose legislation.
Can veto legislation.
Negotiates treaties in the interest of the nations.

43
Q

What checks can Congress use on the executive?

A

Impeach and remove presidents.
Can override a presidential veto.
Ratifies treaties made by the president.
Has the power of the purse.

44
Q

What is a divided government?

A

When the presidency is controlled by one party, and one or more of the congressional houses are controlled by a different party.

45
Q

What is bi-partisanship?

A

When legislation is passed across parties.

46
Q

How many years have divided governments occurred since 1959?

A

36 years.

47
Q

What are the two types of grant given to states?

A

Block grant- Can be spent on anything they wish.
Categorical grant- Has to be spent on a specific thing.

48
Q

What is dual federalism?

A

A limited role for the federal government.

49
Q

What is Co-operative federalism?

A

When the states and and the federal govt. work together to govern.

50
Q

What is New federalism?

A

An attempt to reduce federal powers and return autonomy to the states.

51
Q

How is dual federalism often described?

A

Layer cake- it is clear the levels of authority and power between states and govenrment.

52
Q

How is co-operative federalism often described?

A

Marble cake- mixing of authority between local, state and national government powers.

53
Q

Arguments for the US being a federal nation.

A

All citizens pay federal income tax, and the states depend on federal money to fund their states.
Healthcare provisions are dependant on federal funding, especially with the concept of Medicare.
The federal government has mandated parts of education policy.
The supreme court has made rulings in favour of the federal government.
The states depend on the federal government in times of national emergency, as they don’t have the same funding.

54
Q

Arguments that the US is not a federal nation.

A

Laws vary across states, such as the death penalty and driving age.
States control the provisions of medical insurance.
State governors made all decisions in relations to their states during Covid 19.
Supreme court has made rulings in favour of the states, over the federal government.

55
Q

How does Madison describe federalism?

A

‘The middle ground’

56
Q

Why did Bush not follow the traditional route of a Republican?

A

He moved away from new federalism, and increased the power of the federal government. This was done through the medicare and ‘no child left behind’ policies.

57
Q

What are the advantages of the amendment process?

A

It protects the constitution from complete reformation.
Upholds federalism and the states power.
Supermajorities mean that broad support is required to make a change.
Prevents badly thought out amendments.

58
Q

What are the disadvantage of the amendment process?

A

It is difficult to amend outdated provisions within the constitution, or to update within modern ideas.
Modern democracy is based upon the idea of majority governments, meaning that supermajorities make the system undemocratic.
It enhances the power of the Supreme court as an unelected body, as they can make interpretive amendments.
Smaller states have more influence in blocking amendments.
Mistakes still occur- 1918 prohibition.

59
Q

When was the Constitution signed?

A

17the September 1787.

US Government (4 decks)

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