Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Politics Paper 3 > Constitution > Flashcards

Constitution Flashcards

1
Q

What are the primary purposes of the US Constitution?

A
  • democracy
  • functionality
  • practicality
  • defence against tyranny
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain the primary purposes of the US Constitution

A
  1. democracy - every citizen (except women/slaves/black people) is equal, everybody should have a say
  2. functionality - does it serve its purpose and does it function properly
  3. practicality - is it workable
  4. defence agains tyranny - no power institution should dominate, hence the separation of powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the nature of the US constitution?

A
  • codified
  • authoritative
  • entrenched
  • judicable
  • vagueness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does codified mean?

A

it is written in one single document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does authoritative mean?

A

it is higher than any ordinary law and all political institutions must follow it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does entrenched mean?

A

it is hard to amend or abolish

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How many amendments has the US Constitution had since its inception?

A

27

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Why did the Founding Fathers deliberately entrench the US Constitution?

A

to prevent it being changed too easily by a single institution or political party in their self interest e.g. by centralising excessive power in the hands of the government of the day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does judiciable mean?

A

it is the highest form of law
other laws can be judged against it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does the vagueness of the constitution mean?

A

it is often unclear and unspecified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why was the US constitution deliberately made vague?

A
  • to allow room for the constitution to evolve
  • it was a compromise between the founding fathers who often disagreed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What effect does the vagueness of the constitution have on powers of the branches?

A

it creates enumerated and implied powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are enumerated powers?

A

powers explicitly laid out by constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are implied powers?

A

powers that are suggested by the wording of the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a power is not mentioned in the constitution what is it assumed to be?

A

a state power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Enumerated powers of Congress

A
  • collection of taxes and duties
  • regulation of commerce
  • declaration of war
  • establishing courts subordinate to SC
  • establishing post offices
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Implied powers of Congress

A
  • necessary and proper clause
  • interstate commerce clause
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does concurrent power mean?

A

a power possessed by both the federal and state governments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Give an example of a concurrent power.

A

amendment of the constitution - shared between congress and the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Enumerated powers of the President

A
  • nominates cabinet members, ambassadors, judiciary
  • vetoes legislation
  • grants pardons
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Implied powers of the President

A
  • commander in chief of the armed forces
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Enumerated powers of the Courts

A

to rule on cases arising under constitution, laws of US, treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Implied powers of the Courts

A

power of judicial review

24
Q

What is the ‘necessary and proper’ clause?

A

it allows congress to stretch its powers

25
How is the elastic clause controversial?
as it is being used to justify major expansion of federal government power there are no real limits as suggested by 'elastic'
26
What is the advantage of the elastic clause?
- it is arguable what has allowed the constitution to survive for so long - it allows its meaning to be adapted without the need for formal amendments
27
What would a more detailed US constitution perhaps mean?
that it would be harder to apply the needs of modern society
28
McCulloch v Maryland
Congress has the power to set up a national bank even though the right to create a bank is not explicitly stated in the constitution
29
What clause is often described as elastic?
interstate commerce clause - used to justify the expansion of federal power
30
How are the rights of US citizens protected?
under the Bill of Rights
31
What is the primary purpose of the Bill of Rights?
to establish the USA as the first modern democracy where every citizen was guaranteed their 'God given and natural rights by LAW'
32
1st Amendment
freedom of expression and religion
33
2nd Amendment
right to bear arms
34
3rd Amendment
no unreasonable searches or seizures of people or property
35
8th Amendment
right to be free from cruel and unusual punishment
36
10th Amendment
right to the states to have reserved powers
37
What is the 13th Amendment?
slavery prohibited
38
What is the 22nd Amendment?
two term limit for President
39
What is the 26th Amendment?
voting age lowered to 18?
40
Why is the US Constitution so rarely amended?
- FF deliberately created a difficult process - due to vagueness, it has evolved without the need for formal amendment - SC has the power of judicial review - Americans have become cautious about tampering with the constitution
41
What do the first four articles deal with?
how the branches of government would work and what powers they would have - congress / presidency / SC / states
42
What does Article I deal with?
Congress as the national legislature, defined its membership and method of election and powers
43
What does Article II deal with?
President as the chief executive, defined method of election and powers
44
What does Article III deal with?
SC setting out its membership, method of appointment and powers
45
What does Article 5 deal with?
amendment process
46
What does Article 6 deal with?
supremacy clause
47
What does Article 7 deal with?
ratification process
48
What are the concerns over the vagueness of the constitution?
- constitution could fail to regulate political practise - SC could become too powerful - could lead to significant conflict
49
How does vagueness mean that the constitution could fail to regulate political practise?
- its vagueness could undermine its authority - it is meant to regulate politicians and set rules of the political game - people reject newly established rulings/political practises
50
What did some politicians and members of the SC claim following Obergell v Hodges?
claimed that the SC was no longer following the constitution but rather making up new rules as it went along
51
How does the vagueness of the constitution mean that the SC could become too powerful?
vagueness allows individual judges to apply their own ideologies when ruling a case e.g. liberal justices typically interpret the constitution to achieve liberal outcomes
52
How do SC judges rule with clear bias? What changes to the constitution would allow for this bias to be eliminated?
each are associated to a particular ideology a more detailed constitution would give less room for this bias
53
How has the vagueness of the 8th amendment caused differing interpretations by SC judges?
'cruel and unusual' phrase has been used by some justices to allow the death penalty whilst others say it is unconstitutional
54
How could the vagueness of the constitution lead to significant conflict?
- lack of clarity leads to strong disputes between each side - causes further divisions between conservatives and liberals - each side claims that their particular view of the constitution is more legitimate
55
Give some examples of how the vagueness of the constitution leads to significant conflict
- conservatives and liberals continue to argue about how far the constitution allows the federal government to control the states - increasing divides over issues such as gay rights, race and policies such as the affordable care act

Politics Paper 3 (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions