constitution Flashcards

1
Q

when was the US constitution ratified?

A

1788

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2
Q

what does article I establish?

A

legislature

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3
Q

what does article II establish?

A

executive

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4
Q

what does article III establish?

A

judiciary

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5
Q

what does article IV establish?

A

federalism

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6
Q

what does article V establish?

A

amendment process

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7
Q

what does article VI establish?

A

sovereignty of the constitution

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8
Q

what are enumerated powers?

A

formal, written powers

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9
Q

how many are in the senate?

A

100, 2 for each state

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10
Q

how many in the house of representatives?

A

435, based on population

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11
Q

what is the bill of rights made up of?

A

first 10 amendments

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12
Q

what did the 17th amendment do?

A

make the senate fully elected

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13
Q

what is the nature of the US Constitution?

A
  • codified
  • entrenched
  • specific
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14
Q

what does it mean that the US Constitution is codified?

A

it is written in a single document

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15
Q

why did the founding fathers entrench the constitution?

A

to prevent a single party from changing it for their own self-interest = length amendment process

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16
Q

what does the term entrenched refer to?

A

the fact that the constitution is protected from those who would want to change or abolish it

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17
Q

how is the constitution vague and specific?

A

due to the enumerated and implied powers

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18
Q

what is an example of an implied power?

A

the power to draft people into the armed forces can be implied from congress’ power to raise an army

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19
Q

where do many of the implied powers come from?

A

the necessary and proper clause

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20
Q

where can the necessary and proper clause be found?

A

Article 1, section 8

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21
Q

what does the necessary and proper clause allow the constitution to do?

A

adapt to the changing circumstances of the US

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22
Q

what did the supreme court rule in McCulloch V Maryland 1819?

A

that the government had the right to create a national bank which Maryland could not tax as a business.

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23
Q

why did the supreme court rule that way in McCulloch v Maryland 1819?

A

because congress has the enumerated power to collect tax, which means a national bank was necessary and proper

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24
Q

what are the reserved powers?

A

any power not specifically delegated to the federal government belongs to the state

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25
where can the received powers be found?
10th amendment
26
where can the supremacy clause be found?
article IV
27
what is the supremacy clause?
enshrines into the constitution that federal law is supreme
28
what does the supremacy clause mean for state law?
that if it conflicts with federal law, federal law takes precedence
29
why did the founding fathers want the amendment process to be difficult?
to prevent tyranny of parties ad individuals from changing the constitution to benefit them
30
what must there be congress to propose an amendment?
2/3 supermajority in BOTH houses
31
what must there be in the states to ratify an amendment?
3/4 supermajority
32
what is the amendment process a key feature of?
federalism
33
how many amendments have been proposed in congress?
over 12,000
34
how many amendments have been accepted by congress?
33
35
how many amendments have been ratified by the states?
27
36
what would the equal rights amendment have provided?
equality of rights by the federal or state government on account of sex.
37
what did the equal rights amendment fail to reach in 1982?
failed to reach 3/4 supermajority in the states
38
what would the district of Columbia voting rights amendments have done?
given the district of Columbia full representation in congress as if it were a state. DC would also be able to participate in the amendment process
39
what did the District of Columbia voting rights amendment fail to reach in 1985?
3/4 supermajority in the states
40
what would the flag protection amendment have done?
made it illegal to desecrate the US flag
41
where was the Flag Protection Amendment successful and where did it fail?
passed in the House six times, but failed to be voted on or reach 2/3 in the senate
42
what does the amendment process require for it to work?
bipartisanship
43
is the electoral college named in the constitution?
no, but names the process of selecting electors who will vote for the president
44
who do voters vote for in presidential elections?
who they want the electors to vote for
45
how many electors does each state have?
has 1 elector for each house member and 2 per senator
46
how many electors are there in the electoral college?
538
47
how is the total number of electors calculated?
- 435 house - 100 senators - 3 for Columbia
48
who chooses its slate of electors?
party - Hillary Clinton was an elector for the democrats in 2012
49
when is election day?
first Tuesday after November first
50
are electors bound to follow the popular vote?
no and are equally not bound to be free voters, according to the supreme court
51
what do some state parties enforce to ensure electors follow the popular vote
pledges or fines
52
what are electors who dont follow the popular vote called?
faithless electors
53
what can the electoral college result in?
the popular choice presidential candidate not winning the presidency
54
how many votes is needed to win the presidency?
270
55
how much of the popular vote did Bush win in 2000?
47.9%
56
how much of the popular vote did Gore win in 2000?
48.4%
57
who won the presidency in 2000 and with how many votes?
Bush, 271 votes
58
how much of the popular vote did Trump win in 2016?
46%
59
how much of the popular vote did Clinton win in 2016?
48.1%
60
who won the presidency in 2016 and with how many votes?
Trump, 304 votes
61
what are principles of the US Constitution?
- bipartisanship - limited government - checks and balances - separation of the powers - federalism
62
what is federalism?
a system where sovereignty is shared between a central and state governments each having their own areas of jurisdiction
63
does the constitution directly lay out what federalism should look like?
no, at the beginning, it gave states more power but this has changed in the last 100 years
64
what is limited government?
the government must be limited by separation of powers and checks and balances
65
is limited government clearly laid out in the constitution?
yes
66
where is limited government laid out?
the bill of rights
67
how is the government limited in the bill of rights?
- amendment X reserved powers - amendment VIII no cruel and unusual punishments
68
what is separation of the powers?
principle that all three branches of government are separate in their roles and powers.
69
why did the founding fathers write separation of the powers into the constitution?
to prevent overlaps between the branches which would increase the power of the executive/single person
70
what role did Obama have to resign as before he became president?
senator for Illinois
71
what role did Biden resign from before becoming vice president?
senator for Delaware
72
what are checks and balances?
powers of branches to directly limit the action of other branches
73
how can the president check congress?
veto bills
74
how many vetoes has Biden issued in his presidency?
10 so far
75
how many vetoes did Trump issue in his presidency?
10
76
how many vetoes did Obama issue in his presidency?
12
77
how can congress check the president?
- override presidential veto - power of the purse - impeachment powers
78
when did congress override Trumps veto for the first time?
January 2021, a few weeks before he left office
79
what did the senate vote to override trumps veto of the National Defence Authorisation Act (NDAA)?
81-13
80
what is required to override a presidential veto?
2/3 supermajority
81
how many times has Trump been impeached?
twice
82
did Trump fail to be acquitted in his impeachment trials?
no he was acquitted by the senate both times
83
what is needed in the house to bring an impeachment charge?
simple majority
84
what is needed in the senate to impeach a president?
a supermajority
85
what presidential power acts as a challenge to checks and balances?
direct authority (executive orders and agreements)
86
what are executive orders?
how the law should be executed
87
who passed the most EOs?
Trump
88
what are some examples of Trumps EOs?
- retracting Obamacare - muslim travel ban - building a wall between US and Mexico
89
what is bipartisanship?
the attempt to ensure the two major parties work together to fulfil the functions of congress
90
what did the 2013 Violence against women reauthorisation act do?
gave authorities additional powers to stop violence against women
91
who voted in favour of the 2013 violence against women reauthorisation act?
all female senators regardless of party
92
who sponsored the 2010 repeal of 'dont ask dont tell'?
3 democrats and 3 republicans
93
why is bipartisanship rare?
polarisation
94
from 1920 to 1969, how many years of divided government were there?
10
95
from 1969 to 2016, how many years of divided government were there?
48
96
is the 118th congress united or divided?
divided, house controlled by republicans senate by democrats