constitution Flashcards
describe principles of US constitution
-limited gov=separation of powers and checks and balances to limit the power of the individual
seperation of powers=divided gov into three branches seperate from eachother article one means no one can be in two at same time =prevent indiviual power
checks and balances =oversea actions of the other branches prevent them from acting in cases
bipartisanship=compromise =no provision for two party system in constitution through sep powers branches have to cooperate to exercise power=different electoral and appointments make it hard for one branch to have all power
-federalism=shared sov between states and gov
describe the nature of the constitution (codification and entrenchment
codified all in one document=source political power and any fed or state gov hold are given by constitution
constitution is judicable=constitution which contains higher form of law and allows other law to be judged against deemed constitutional or not article one=congress article 2 executive article 3 judical
article 4 states relationship fed gov
article 5 amendments
article 6 power consitution
article 7 ratifiction
-entrenched=difficult to amend as doc protected by law=changed in emergancies but not so mallable it can be frequently changed
27 amendments which form Bill Of rights
describe the nature of the constitution vagueness of the document
describe the constiutional framework of gov
describe the checks and balances on congress to president
legislation=congress can create, amend and delay and even reject leg.
veto override=congress has power to override a veto with 2/3 majority in both houses making it law. need for a supermajority makes achieving veto override difficult as it needs both parties to support it. President Obama last veto of Justice Against terrorism Act suffered overwhelming bi-partisan defeat with only Harry Reid senate leader voting no
power of the purse=congress has right to raise taxes and spend money raised for national government=prevent president spending without congressional approval appropriation bills (proposed law that authorises spending of gov) should originate in HOR senate can make amendments but cant initiate them
declare war=congress only branch that can formally declare war=used 11 times last used pearl harbour=since then congress asked to authroise use military force AUMFS
impeachment=HoR has power to bring charges
describe the checks and balances from congress on supreme court
impeach justices=same process as impeaching president =only happened once Samuel Chase =acquitted
propose a constitutional amendment=SC judges if ruling constitutional or not=
creation of lower courts=congress has power to create lower courts but can regulate the SC role in hearing appeals from lower courts=jurisdiction stripping=difficult and controversial =2006 military commissions act which tried to remove power of courts to hear cases Guantanamo detainees
ratify judicial appointments=Senate only =senate can ensure justices are suitably qualified and look to ensure or change ideological position of the court=Antonin Scalia died in 2016 one reason senate did not ratify his proposed replacement Merrick Garland was their ideological difference=Garland centrist
describe the checks by the president
suggest leg=directly elected therefore they campaign on platform of their own policies=with no direct leg powers the constitution gives him right to suggest legislation to congress through annual state of the union address
sign/veto legislation=can choose to sign/veto leg=Bush and Obama used veto 12 times =threat alone can make congress not pass bill
commander in chief army=stationing and movement of troops and use military weapons=Obama asked congress despite feeling “i have authority to carry this out…without congressional authorisation” did so to be more unified
describe checks by the president on the judicary
power of pardon[=constitutional right to “grant reprieves and pardons” allowing him to excuse someone for a federal crime=few limits and checks on it=last day in office 2017 Obama 330 commutations to non-violent drug offenders and Chelsea Manning
nomination of judicial appointments=president can try and shape the court by who he nominates=Trumps appointment of gorsuch ensured court was more conservative=presidents legacy is ensured through these justices who share presidents political views
describe checks by supreme court
describe the amendment process
article V=allows constitution to be amended to prevent it being outdated=two stage process which requires a supermajority at each vote to ensure constitution is neither too flexible or too rigid
advantages and disadvantages of the amendment process
advantages
broad support=must have broad support due to need supermajorities=country so diverse and vast crucial constitution should reflect political and cultural beliefs of as many Americans as possible=impossible to please everyone
prevents short lived trends becoming amendments=arduous and difficult nature of the amendment process helps prevent amendments that wont stand test time=important in increasing times party polarisation
protects the constitution and its principles=acceptance of separation of powers and republican ideals (prevention arbitrary rule) are key to political system=challanging amendment process ensures ideals maintained
prevents tyranny majority=federalism means each state recognised individually not by pop=if amendments were made on pop alone large states would dominate making smaller ones irrelevant=with ratification recognising states individually=democracy=by requiring supermjaoirtes at proposed level a single party is prevented from dominating the process
few changes=means most day to day issues left to congress or to states to decide=means principles constitution are clear and unchanging =aware of their rights
it works=27 had made it through allowed amendments to pass when needed but blovks unnecessary ones
disadvantages=difficulty in ensuring the constitution remains up to date=changes in modern society which are not reflected in the constitution due to difficultly of adding them=SC Stevens felt 6 areas needed amending gun control death penalty and campaign finance
outdated aspects of the constitution still existing=2nd amendment should only be applicable to those in militia and capital punishment should be gone=SCJ stevens
ignorance of minority=interests=supermajorities needed to pass an amendment set high threshold and should prevent the tyranny of a simple majority=difficult for a minority group bring changes
power given to SC=vast amount of power in interpretating the meaning of document =unelected and unaccountable and yet can alter constitution considerably=courts decision can be overturned by constitutional amendment but rare and only happened once 16th=power is therefore absolute
tyranny of majority=necessity to gain supermajorities means possible for just minority states or congressmen to block it=ERA outlawed dicrim by sex passed HOR and senate only 37 states ratified=13 states didnt only 24% pop US
mistakes=18th amendment=prohibition repealed 13 yrs later
