constitution

Question 1

which part of the constitution is the executives role

Answer 1

recognises other countries, negotiates treaties, grants pardons, vetoes legislation, nominates federal justices, commander in chief

Question 2

which part of the constitution is the legislatives role

Answer 2

collect taxes, borrows money, declares war, regulates trade, ratifies treaties + appointments

Question 3

which part of the constitution is the judiciaries role

Answer 3

inference of judicial review

Question 4

positives of the amendment process

Answer 4

-27 amendments have been added
-the amendment process protects the constitutions principles
-process requires bipartisanship
-protects federalism

Question 5

negatives of the amendment process

Answer 5

-the requirement for supermajorities has made the process difficult
-the unelected supreme court gains too much power
-can allows for tyranny of the minority
-difficult to incorporate new + evolving ideas in the constitution
-the process has allowed for poor amendments (18th)

Question 6

how does the US constitution create separation of powers

Answer 6

3 branches remain separate + act independently

Question 7

how does the US constitution not create separation of powers

Answer 7

president has usurped some of congress’s power

Question 8

how does the US constitution create checks and balances

Answer 8

use of checks (veto) so continued importance

Question 9

how does the US constitution not create checks and balances

Answer 9

can lead to gridlocks + gov shutdowns

Question 10

how does the US constitution create bipartisanship

Answer 10

veto override demonstrates bipartisanship can be achieved

Question 11

how does the US constitution not create bipartisanship

Answer 11

3 shutdowns in the last 6 years

Question 12

how does the US constitution create limited gov

Answer 12

supreme court decisions protect citizens rights

Question 13

how does the US constitution not create limited gov

Answer 13

Guantanamo bay remains open

Question 14

how does the US constitution create federalism

Answer 14

states use supreme court to maintain even power

Question 15

how does the US constitution not create federalism

Answer 15

federal governments have grown in size

Question 16

positives of Guantanamo bay

Answer 16

-allows the US to deal with the threat of terrorism
-individual states wouldn’t be able to deal with this threat
-its not on US soil, bill of rights doesn’t apply

Question 17

negatives of Guantanamo bay

Answer 17

-breaches the principle of protection of rights
-creates an overly powerful federal gov
-the right to fair trial has effectively been suspended nationally

Question 18

what is federalism

Answer 18

the sharing of sovereignty between federal gov and individual state govs

Question 19

what are the states powers

Answer 19

-their election practices
-local law enforcement + criminal codes
-regulate the lives of their citizens eg, age of consent

Question 20

what are the concurrent powers

Answer 20

-powers that the states hold concurrently with the fed gov
-eg, the right to borrow money, make + enforce laws

Question 21

factors affecting the federal-state relationship

Answer 21

-‘necessary + proper’ clause has allowed fed gov considerable growth
-growing globalisation means the fed gov has the funds to deal with issues such as terrorism
-‘commerce’ clause allows the fed gov to regulate interstate trade
-if they have conflicts, fed law usually triumphs

Question 22

positives of the US constitution

Answer 22

-remains flexible (interpretative amendments)
-supreme court allows for non partisan interpretations
-amendment process allows for significant changes but also protects it
-states have remained largely independent
-federal gov has been prevented from amassing too much power
-citizens rights are mostly protected

Question 23

negatives of the US constitution

Answer 23

-interpretive amendments have trample don the rights of individual states
-the role of the supreme court gives power to 9 unelected justices
-amendment process has prohibited necessary change
-states powers have diminished
-the fed gov has demonstrated wide, unchecked power
-the rights of citizens often conflict

Question 24

how does the US constitution create a representative democracy

Answer 24

-federalism allows gov to be kept close to the people

Question 25

how does the US constitution not create a representative democracy

Answer 25

-super majorities can encourage tyranny of the majority
-bill of rights can protect the minority over the majority
-the supreme court is unelected + therefore unrepresentative
-the electoral college can prevent the peoples vote being enacted

Question 26

how does the US constitution create a liberal democracy

Answer 26

-checks + balances should create a limited gov
-bill of rights can protect the minority over the majority
-the supreme court is able to protect the rights of individuals against all levels of gov

Question 27

how does the US constitution not create a liberal democracy

Answer 27

-federalism hasn’t prevented the growth of the federal gov
-the separate election + therefore mandate of congress and president limits their respective powers

Question 28

how does the US constitution create a pluralist democracy

Answer 28

-supermajorities encourage bipartisanship and therefore tolerance
-federalism allows local beliefs to be enshrined in local law
-bill of rights can protect the minority over the majority

Question 29

how does the US constitution not create a pluralist democracy

Answer 29

-appeal to the supreme court is not a right
-the use of FPTP and the electoral college encourages a 2 party system

Question 30

positive impacts of the constitution today

Answer 30

-each branch of gov retains + uses enumerated powers in the constitution
-the bill of rights gives clarity
+ a basis from which citizens can appeal to the supreme court
-the constitution continues to allow diversity in state laws and practices

Question 31

what are the negative impacts of the constitution today

Answer 31

-during some circumstances it has seemed that 1 of the branches has been more dominant
-protection of rights is often sacrificed for the sake of ‘national security’
-federal gov has increasingly encroached upon state laws, including supreme court ruilings

Question 32

similarities between the US/UK constitutions

Answer 32

-both can be amended
-both are to an extent judicable
-both consist of written documents
-both allow for the explicit protection of citizens rights, and both countries have infringed upon rights in the name of national security

Question 33

differences between the US/UK constitution

Answer 33

-US is codified, UK isn’t
-in the UK sovereignty rests with parliament in a unitary system, in the US its split between state/fed gov
-rights protection in the US is more extensive, in the UK rights are effectively given + taken by the gov, despite acceptance of the HRA

Question 34

principles of the US/UK constitutions

Answer 34

-both have some separation of powers
-the growth of power in the HoL could be compared to divided gov in the US
-checks + balances exist in both countries (but limited in UK + strong in US)
-the US can have gov shutdowns, the UK can have an elective dictatorship
-bipartisanship is enforced through supermajorities in the US, but is unnecessary in the UK