constitution Flashcards

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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
Q

where can the received powers be found?

A

10th amendment

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26
Q

where can the supremacy clause be found?

A

article IV

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27
Q

what is the supremacy clause?

A

enshrines into the constitution that federal law is supreme

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28
Q

what does the supremacy clause mean for state law?

A

that if it conflicts with federal law, federal law takes precedence

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29
Q

why did the founding fathers want the amendment process to be difficult?

A

to prevent tyranny of parties ad individuals from changing the constitution to benefit them

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30
Q

what must there be congress to propose an amendment?

A

2/3 supermajority in BOTH houses

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31
Q

what must there be in the states to ratify an amendment?

A

3/4 supermajority

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32
Q

what is the amendment process a key feature of?

A

federalism

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33
Q

how many amendments have been proposed in congress?

A

over 12,000

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34
Q

how many amendments have been accepted by congress?

A

33

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35
Q

how many amendments have been ratified by the states?

A

27

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36
Q

what would the equal rights amendment have provided?

A

equality of rights by the federal or state government on account of sex.

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37
Q

what did the equal rights amendment fail to reach in 1982?

A

failed to reach 3/4 supermajority in the states

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38
Q

what would the district of Columbia voting rights amendments have done?

A

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

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39
Q

what did the District of Columbia voting rights amendment fail to reach in 1985?

A

3/4 supermajority in the states

40
Q

what would the flag protection amendment have done?

A

made it illegal to desecrate the US flag

41
Q

where was the Flag Protection Amendment successful and where did it fail?

A

passed in the House six times, but failed to be voted on or reach 2/3 in the senate

42
Q

what does the amendment process require for it to work?

A

bipartisanship

43
Q

is the electoral college named in the constitution?

A

no, but names the process of selecting electors who will vote for the president

44
Q

who do voters vote for in presidential elections?

A

who they want the electors to vote for

45
Q

how many electors does each state have?

A

has 1 elector for each house member and 2 per senator

46
Q

how many electors are there in the electoral college?

A

538

47
Q

how is the total number of electors calculated?

A
  • 435 house
  • 100 senators
  • 3 for Columbia
48
Q

who chooses its slate of electors?

A

party - Hillary Clinton was an elector for the democrats in 2012

49
Q

when is election day?

A

first Tuesday after November first

50
Q

are electors bound to follow the popular vote?

A

no and are equally not bound to be free voters, according to the supreme court

51
Q

what do some state parties enforce to ensure electors follow the popular vote

A

pledges or fines

52
Q

what are electors who dont follow the popular vote called?

A

faithless electors

53
Q

what can the electoral college result in?

A

the popular choice presidential candidate not winning the presidency

54
Q

how many votes is needed to win the presidency?

A

270

55
Q

how much of the popular vote did Bush win in 2000?

A

47.9%

56
Q

how much of the popular vote did Gore win in 2000?

A

48.4%

57
Q

who won the presidency in 2000 and with how many votes?

A

Bush, 271 votes

58
Q

how much of the popular vote did Trump win in 2016?

A

46%

59
Q

how much of the popular vote did Clinton win in 2016?

A

48.1%

60
Q

who won the presidency in 2016 and with how many votes?

A

Trump, 304 votes

61
Q

what are principles of the US Constitution?

A
  • bipartisanship
  • limited government
  • checks and balances
  • separation of the powers
  • federalism
62
Q

what is federalism?

A

a system where sovereignty is shared between a central and state governments each having their own areas of jurisdiction

63
Q

does the constitution directly lay out what federalism should look like?

A

no, at the beginning, it gave states more power but this has changed in the last 100 years

64
Q

what is limited government?

A

the government must be limited by separation of powers and checks and balances

65
Q

is limited government clearly laid out in the constitution?

A

yes

66
Q

where is limited government laid out?

A

the bill of rights

67
Q

how is the government limited in the bill of rights?

A
  • amendment X reserved powers
  • amendment VIII no cruel and unusual punishments
68
Q

what is separation of the powers?

A

principle that all three branches of government are separate in their roles and powers.

69
Q

why did the founding fathers write separation of the powers into the constitution?

A

to prevent overlaps between the branches which would increase the power of the executive/single person

70
Q

what role did Obama have to resign as before he became president?

A

senator for Illinois

71
Q

what role did Biden resign from before becoming vice president?

A

senator for Delaware

72
Q

what are checks and balances?

A

powers of branches to directly limit the action of other branches

73
Q

how can the president check congress?

A

veto bills

74
Q

how many vetoes has Biden issued in his presidency?

A

10 so far

75
Q

how many vetoes did Trump issue in his presidency?

A

10

76
Q

how many vetoes did Obama issue in his presidency?

A

12

77
Q

how can congress check the president?

A
  • override presidential veto
  • power of the purse
  • impeachment powers
78
Q

when did congress override Trumps veto for the first time?

A

January 2021, a few weeks before he left office

79
Q

what did the senate vote to override trumps veto of the National Defence Authorisation Act (NDAA)?

A

81-13

80
Q

what is required to override a presidential veto?

A

2/3 supermajority

81
Q

how many times has Trump been impeached?

A

twice

82
Q

did Trump fail to be acquitted in his impeachment trials?

A

no he was acquitted by the senate both times

83
Q

what is needed in the house to bring an impeachment charge?

A

simple majority

84
Q

what is needed in the senate to impeach a president?

A

a supermajority

85
Q

what presidential power acts as a challenge to checks and balances?

A

direct authority
(executive orders and agreements)

86
Q

what are executive orders?

A

how the law should be executed

87
Q

who passed the most EOs?

A

Trump

88
Q

what are some examples of Trumps EOs?

A
  • retracting Obamacare
  • muslim travel ban
  • building a wall between US and Mexico
89
Q

what is bipartisanship?

A

the attempt to ensure the two major parties work together to fulfil the functions of congress

90
Q

what did the 2013 Violence against women reauthorisation act do?

A

gave authorities additional powers to stop violence against women

91
Q

who voted in favour of the 2013 violence against women reauthorisation act?

A

all female senators regardless of party

92
Q

who sponsored the 2010 repeal of ‘dont ask dont tell’?

A

3 democrats and 3 republicans

93
Q

why is bipartisanship rare?

A

polarisation

94
Q

from 1920 to 1969, how many years of divided government were there?

A

10

95
Q

from 1969 to 2016, how many years of divided government were there?

A

48

96
Q

is the 118th congress united or divided?

A

divided, house controlled by republicans senate by democrats