Constitution Flashcards
Connecticut Compromise
Bicameral structure of Congress
Senate has equal representation while the House has representation based on population
Satisfies demands of small and big states
Three-Fifths Compromise
Slaves counted as 3/5 of a person
Southern states wanted them to count towards the state population so that their states would have increased representation
Abolished in 1865
Bill of Rights
1791
The first 10 amendments
Sets out what rights are reserved to the states
Includes rights to freedom of speech and to bear arms
Thirteenth Amendment
1865
Abolishes slavery
Most recent amendment
1992
27th
Representatives couldn’t increase their own pay before an election
Which amendment introduced presidential term limits?
22nd
The Supremacy Clause
Sets out that the constitution is higher law than any other legislation passed in the US, either by federal government or the states
As a result, other legislation can be struck down by the judiciary
Amendment process
Proposal stage - a 2/3 vote in both House of Congress (OR in a national convention - never been done)
Ratification - through a majority vote in 3/4 of state legislatures (OR special state conventions - only done once for the 21st)
How many amendments have been proposed? Successful?
13,000
0.2%
Equal Rights Amendment
Would guarantee equal legal rights regardless of sex
First proposed in 1923
It was successfully proposed in 1972 but failed to gain the state ratifications
Had support from 35 states (3 votes off)
Balanced Budget Amendment
Would force the federal government to balance its budget in any given year
Has failed to receive 2/3 support from either the Senate or the House
Flag Desecration Amendment
Would give Congress the power to prohibit desecration of the flag
Stems from the SC’s decision in Texas v Johnson 1999 which declared that flag burning was protected under the 1st amendment
Frequently passes in the House but not the Senate
2006 it was 1 vote short of a supermajority in the Senate
Roe v Wade
1972
Legalised abortion across the US using the 14th amendment
Dobbs v Jackson
2022
Reversed the decision in Roe v Wade concluding that the constitution doesn’t protect the right to abortion
Enumerated powers
Explicit powers set out in the constitution
E.g. Congress’ power to coin money, establish post offices and raise armies
10th amendment sets out that any powers not delegated in the constitution are reserved to the states
Necessary and Proper Clause
Congress can make all laws ‘necessary and proper’ to carry out the execution of their enumerated powers e.g. to establish a bank of America
Commerce Clause
Gives Congress the power to regulate commerce with foreign nations, and among the several states
It was used in the 1964 Civil Rights Act to end racial segregation in hotels and other accommodation on the grounds that they were involved in interstate commerce
US v Lopez
1995
SC limited the use of the Commerce Clause
Ruled that the 1990 Gun-Free Zones Act, which limited the possession of firearms within 1000 feet of a school, was unconstitutional as it had nothing to do with interstate commerce
How are powers seperated?
Separation of personnel - can’t be part of two branches at once
Powers are spread out
Checks and balances
What did Biden’s 2024 State of the Union Address discuss?
Implored Congress to focus on expanding Medicare drug price negotiations and address reproductive rights, including the protection of IVF
What did Obama focus on in his 2010 State of the Union Address?
Passing the Affordable Care Act
How many vetoes did Obama and Trump use?
12 and 10
Example of a veto Trump made?
The Iran War Powers resolution which would’ve limited the President’s authority to use military forces against Iran without congressional approval
Example of a veto Biden has made?
2023 he vetoed a bill that would have blocked his student loan forgiveness program
Trump’s Supreme Court appointments
Neil Gorsuch, Brett Kavanaugh, Amy Coney Barret
All conservatives
Resulted in the overturning of Roe v Wade 2022
Biden’s Supreme Court appointment
Ketanji Brown Jackson
First Black woman and former federal public defender for the SC
Examples of Presidential pardons
Trump pardoned Steven Bannon who faced charges of corruption involving a political campaign
Ford pardoned Nixon after Watergate
Obama pardoned 1000 individuals on drug charges
Who has Biden ruled out pardoning?
His son, Hunter Biden
What did unified government under Trump refuse to pass?
His bill on building a wall on the Mexican border
Example of Congress overriding a veto
2021 overrode Trump’s veto to pass the National Defence and Authorisation Act
Example of Congress using the power of the purse
Sought withdrawal from Iraq by restricting military spending under Bush
Example of Congress rejecting a treaty
Rejected Obama’s Convention on the Rights of Persons with Disabilities
Merrick Garland’s nomination
Nominated by Obama in 2016
Republican Senate refused to vote on his nomination on the grounds that it was too close to the end of Obama’s term
Examples of Congress rejecting government nominations
Chad Wolf who had been nominated by Trump to head the Department of Homeland Security in 2021
Lisa Gomez who had been nominated to head the Department of Labour’s Wage in 2022
Which President’s have been impeached?
Clinton, Trump, Biden
None of them successfully
Example of members of the executive being impeached
Alejandro Mayorkas, Secretary of State for Homeland Security, impeached on allegations of failing to comply with federal immigration laws and breaching public trust
Example of federal judges being impeached
Thomas Porteous in 2010
16th amendment
Proposed in 1909 after the SC ruled that income tax was unconstitutional
Gives Congress the power to determine income tax without having to determine it by population
Evidence of judiciary declaring Presidential action unconstitutional
Ruled that Biden’s $430 billion student debt forgiveness plan was unconstitutional in 2023
Evidence of judiciary declaring executive orders unconstitutional
Stopped Trump’s executive order banning entry to the US for citizens from 7 Muslim countries in 2017
FEC v Ted Cruz
2022
SC struck down Section 304 of the Bipartisan Campaign Reform Act 2002
United States v Windsor
2013
Declared that the Defence of Marriage Act 1996 was unconstitutional for not offering equal protection to gay and straight couples, resulting in gay marriage being legalised
How often is government divided?
Between 1975-2025 it will have been divided for 34 years, compared to 16 years unified
Divided government after midterms
The last 3 Presidents have only had unified government for the first 2 years of their presidency
This means that the majority of their legislative success has happened in the first two years e.g. Trump’s Tax Cuts and Job Acts in 2017
What committee played a key role in the Watergate scandal?
House Judiciary Committee in the Democrat controlled House
Rejection of treaties and bipartisanship
Senate hasn’t rejected a treaty of a President from its own party since 1935, whilst 4 have been rejected under divided government
Evidence of bipartisan support for legislation
Infrastructure Investment and Jobs Act 2021
69-30 support
Why was Biden’s impeachment problematic?
The key charge, that he profited off of his son’s foreign business whilst Vice President, has no firm proof
Committee on Benghazi
Investigated Hillary Clinton for her role as Secretary of State for Defence while she was the likely Democrat candidate for 2016
Evidence of acts not being passed due to partisan divides
DREAM Act
Evidence of government shutdowns over budgets
2013 shutdown for 16 days
2018-19 shutdown for 35 days
How is federalism implied in the constitution
10th amendment says that any powers that are not delegated in the constitution are reserved to the states
Concurrent powers
Shared powers between the states and the federal government
E.g. maintaining law and order, levying taxes, providing for public welfare
Co-operative federalism
1930s-60s
Federal government increased with a range of national programmes and regulations e.g. FDR’s New Deal and Johnson’s Great Society programme
Federalism under Bush
Huge expansion
Federal spending increased 33% in his first term
National defence spending increased to $651M in 2009 after 9/11
Federalism under Obama
Federal government playing an increased role in domestic policy
Federal government assistance to the states increased from 3.7% of GDP in 2008 to 4.6% of GDP in 2010
Expansion of Medicaid
Obama’s expansion of Medicaid
Required states to join it or lose federal funding
This was struck down as unconstitutional in 2012
Federal government increase under Trump
Deployed federal troops to tackle BLM protests
Federal spending increased e.g. $2.2 trillion CARES Act
Federalism under Biden
Parts of the Inflation Reduction Act 2021 require federal-state cooperation to implement
Tensions high over gun control proposals and access to abortion
Federal government decrease under Trump
Rolled back environmental policies handing power back to the states
The first reduction in the federal workforce since the 90s
COVID and federalism
Significant variation in policy between states e.g. California’s mask mandate ended in March 2022 while Texas’ ended in March 2021
Some effective federal government policy e.g. CARES Act 2020
Biden failed to impose lockdowns or national mask mandates
Cannabis and federalism
Use and possession is still illegal under federal law but many states have legalised it because Obama said that they wouldn’t fund federal government application of the law
38 states have legalised medical use, 24 recreational use
Sanctuary cities
Cities that prohibit local law enforcement from helping federal immigration officials to identify illegal immigrants
Over 600 of them, and California is a sanctuary state
Trump signed an executive order withholding grants from sanctuary cities in 2017 but this was declared unconstitutional
Evidence of states experimenting with new policies
Affordable Care Act 2010 was modelled on healthcare reform in Massachusetts in 2006
Example of a block grant
The Surface Transportation Program which states can use to improve and maintain highways, bridges, tunnels, sidewalks and bicycle paths
Example of education programmes that restrict federalism
Bush’s ‘No Child Left Behind’ policy
Obama’s Race to the Top programme
Clinton v New York
1998
Ruled that the line item veto (power to amend or repeal parts of a bill) was unconstitutional
NFIB v Sebelius
2012
Ruled that it was constitutional to enact the individual mandate of the ACA but that the expansion of Medicaid was invalid
What case handed power over elections back to the states?
Shelby County v Holder 2013
