Constitution Flashcards
What is the US Constitution?
A codified document, which is the supreme and overall law for the Unites States of America.
What is the Bill of Rights 1791?
The first 10 amendments to the US Constitution, including the 2nd amendment (the right to bear arms).
What is the separation of powers?
Where the legislative, executive and judicial bodies of government are separated and independent from each other.
What is the system of checks and balances?
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power.
What is federalism?
The idea that power should be shared between the national and state governments.
Outline some of the powers of the Executive/the President in regards to the system of Checks and Balances. HINT: Name as many as you can; there are 5 here!
- Commander-in-Chief of the armed forces.
- Oversees foreign policy.
- Can pardon individuals.
- Nominates Supreme Court justices.
- Can veto laws.
Outline some of the powers of Congress in regards to the system of Checks and Balances. HINT: Name as many as you can; there are 5 here!
- Passes laws and raises taxes.
- Override the President’s veto.
- Power of the Purse (House of Representatives)
- Can impeach the President and Supreme Court justices.
- Ratifies foreign treaties and formal declarations of war under the War Powers Act 1973.
Outline some of the powers of the Supreme Court in regards to the system of Checks and Balances. HINT: Name as many as you can; there are 3 here!
- Interprets the Constitution.
- Ensures the actions of the other branches are not unconstitutional.
- Can ‘strike down’ laws and actions it sees as being unconstitutional.
Give an example of a checking power: The Power of the President vetoing acts passed by Congress.
In January 2021, Congress overrode Trump’s veto of a defence spending bill = CONGRESS CAN OVERRIDE THE PRESIDENT’S VETO!
Give an example of a checking power: The Power of the President appointing heads of government departments and federal judges.
In 1987, the Senate rejected President Reagan’s nominee, Robert Bork, as a Supreme Court justice.
Give an example of a checking power: The Power of the President to control the armed forces (Commander-in-Chief).
In 2002, Congress voted through the Iraq Resolution to allow President George W. Bush to undertake military action in Iraq. Without it, he and other future Presidents would have been on uneasy constitutional and legal ground!
Give an example of a checking power: The Power of Congress to pass laws and make resolutions.
In 2019, President Trump vetoed a resolution to end the declaration of a national emergency on the US Mexico border that was declared a few months earlier.
Give an example of a checking power: The Power of Congress to impeach the President and justices.
The Senate failed to impeach Trump on 2 occasions: 2019 and 2022. The Senate had also previously failed to impeach Clinton in 1999.
Give an example of a checking power: The Power of Congress to ratify foreign treaties.
The Iran Nuclear Deal in 2015 was made by President Obama without congressional approval. In 2018, President Trump withdrew America from the deal without telling Congress.
Give an example of a checking power: The Power of the Supreme Court to strike down laws passed by Congress and say they are unconstitutional (JUDICIAL REVIEW).
In 1913, the 13th Amendment permitted a federal income tax following an earlier Supreme Court case (Pollock vs Farmers’ Loan & Trust Co.) that declared federal income tax unconstitutional.
