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US Government - Paper 3 > Constitution > Flashcards

Constitution Flashcards

1
Q

What are the 3 natures of the constitution?

A

Vagueness of the document, codification and entrenchment

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2
Q

Example of vagueness of the Constitution

A

The power of Congress to make all laws “necessary and proper” for its ability to rule
- e.g. to provide for common defence and general welfare for the US.

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3
Q

Example of the specificity of the Constitution

A

The power ‘to collect taxes’ (Article I), the power to name post offices.

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4
Q

Advantages of the formal amendment process

A
  1. Protects the rights of smaller states against larger states
  2. Means knee-jerk amendments will not be implemented
  3. Prevents populist amendments
  4. Founding fathers intended for this process to be difficult
  5. Prevents abuse of power
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5
Q

Example of FAP protecting the rights of smaller states against larger states

A

Article V states ¾ of the US states must ratify an amendment

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6
Q

Example of FAP meaning knee-jerk amendments will not be implemented

A

2001 Tax Reconciliation Act would have meant the US government could not raise tax levy and would need to consider alternatives (due to high taxes that year)

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7
Q

Example of FAP preventing populist amendments -

A

Trump tweeted he would get rid of birthright citizenship, but this right is protected by the 14th amendment

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8
Q

Example of the FAP preventing abuse of power

A

26th Amendment, which lowered the voting age to 18
- Proposed by Congress in response to concerns about young men being drafted into the Vietnam War without having the right to vote.

  • Rejected of Bush’s request for a line-item veto power in 2006
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9
Q

Disadvantages of the formal amendment process

A
  1. Smaller states have the same say in constitutional amendments as larger states
  2. Difficult to adapt to modern day scenarios
  3. Amendment process is undemocratic - only 13/50 states need to oppose an amendment to block it
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10
Q

Example of FAP allowing smaller states have the same say in constitutional amendments as larger states

A

Wyoming has a population of 580,000 but California has nearly 40 million

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11
Q

Example of FAP being difficult to adapt to modern day scenarios

A

Equal Rights Amendment was passed in both Houses in 1972, but not ratified due to not gaining ¾ majority of the states

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12
Q

Example of FAP making the amendment process is undemocratic

A

-13 states were enough to prevent the ERA from becoming part of the Constitution, showing how a small minority of states (especially those with less population) can have a disproportionate impact on blocking constitutional amendments.

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13
Q

What are the 5 key features of the US constitution?

A
  1. Federalism
    2 Bipartisanship
  2. Limited government
  3. Checks and balances
  4. Separation of powers
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14
Q

What is Federalism?

A
  1. A key principle of US democracy where power is delegated to individual states
  • Policies implemented under Republican presidents like Reagan Separation of powers and checks and balances
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15
Q

4 Examples of Bipartisanship

A
  1. Bipartisan Safer Communities Act 2022
  2. The overriding of President Trump’s veto of the NDAA (National Defense Authorisation Act) in January 2021 was a bipartisan attempt, with an 81-13 vote result in the Senate.
  3. Electoral Reform Act of 2022 - Aimed to clarify election processes, in order to avoid manipulation as previously seen in Trump’s attempts to make VP Mike Pence delay the vote count. The VP’s role of counting was heralded as solely ceremonial from this act, and it was created by 16 senators (9 Democrats, 7 Republicans).
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16
Q

4 Examples of Partisanship

A
  1. Government shutdown of Dec 2018 - Jan 2019 over funding for Trump’s wall.
  2. Impeachments Trump (2019 & 2021)
  3. Affordable Care Act (Obamacare) Repeal Attempts (2017)
  4. Debt Ceiling Crisis (2021)
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17
Q

What was the Affordable Care Act (Obamacare) Repeal Attempts (2017)?

A
  • After years of opposing the ACA, Republicans made several attempts to repeal it in 2017 after gaining control of the White House and Congress. Repeal failed when Senator McCain casted “no” vote.
  • Deeply partisan, with little to no bipartisan cooperation. Democrats uniformly opposed repeal efforts, while Republicans pushed hard for it.
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18
Q

Why did Republicans want to repeal the ACA?

A
  1. Viewed it as flawed and harmful to the economy and personal freedoms.
  2. The repeal was seen as a way to reduce government control and restore a more market-based healthcare system.
  3. Many Republicans believed that the ACA was too costly for individuals and the government and that it would eventually harm businesses and taxpayers.
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19
Q

What was the key part of the ACA that was repealed?

A

Individual mandate, was repealed.
- Required people to have health insurance or pay a penalty.

  • In 2017, as part of the Tax Cuts and Jobs Act, Republicans eliminated the penalty for not having insurance, effectively making the mandate unenforceable starting in 2019.
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20
Q

What was the Debt Ceiling Crisis (2021)?

A
  • Republicans refused to support raising the ceiling despite its necessity to avoid a government default, arguing that Democrats should pass it alone due to their control of Congress and the presidency.
  • The issue became a political battle, with Democrats accusing Republicans of putting the U.S. economy at risk for political gain. Eventually, a short-term resolution was passed with limited bipartisan support.
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21
Q

Why were the impeachment proceedings for Trump highly partisan?

A
  • Both proceedings were highly partisan.
  • In 2019 (Ukraine scandal), no House Republicans supported impeachment.
  • In 2021 (Capitol insurrection), only 10 House Republicans voted to impeach.
  • The Senate trials in both cases showed strong Republican opposition to removing Trump from office.
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22
Q

What was the Government Shutdown (Dec 2018 - Jan 2019)

A
  • Trump’s demand for $5.7 billion to fund a border wall with Mexico.
  • Democrats, led by Nancy Pelosi, opposed the wall and refused to fund it.
  • Parts of the government were shut down, affecting federal workers and services.
  • The shutdown ended when Trump agreed to temporarily reopen the government without the wall funding.
  • Lasted 35 days.
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23
Q

Example of a difference between Bipartisan Rhetoric and Bipartisan Action

A

Ted Cruz blamed the 2013 government shutdown on Senate Democrats refusing to accept a “bipartisan bill” from the House that defunded the Affordable Care Act, despite this bill having no Democratic support.

24
Q

Example of Limited government

A
  1. Only 3% of the bills will be passed and reach President
  2. All 50 states have their autonomy on legislation and independent judiciary.
  3. Bills die easily during the committee stage in the House Rules Committee > members intentionally timetable the bills to delay legislation and voting on the bill. Usually dead before they reach the debates.
    - Immigration Reform Bill (2013)
25
Q

Example of All 50 states have their autonomy on legislation and independent judiciary.

A

DeSantis’ transgender bill which attempts to block puberty blockers and hormones for transgender people is struck down by the federal judge in Florida. Shows state judiciary limits legislation to protect Americans’ positive freedom from being restricted by state laws.

26
Q

Example of Bills dying easily during the committee stage in the House Rules Committee

A

In Kansas, two separate bills were proposed to abolish the death penalty and replace it with life imprisonment without parole. Both bills failed to advance, as the session closed without passage

27
Q

Examples of Separation of powers and Checks and Balances

A
  1. Different election cycles
  2. The government power is shared between 3 branches
  3. The president can veto passed legislation and the bill will be sent back to the Congress.
  4. The SC can hold a judicial review when some people start a case and take it to the SC
  5. Judiciary can strike down laws
28
Q

What’s stated in Article I, II and III in the Constitution?

A

Election cycles of the Congress and the president (executive) are different, and the judiciary is protected by life tenure and fixed salary rate to prevent threats on tenure and salary to make political verdicts.

29
Q

Example of Congress controlling the presidential nominees to the SCOTUS by arranging hearings

A

Republican-controlled Senate Judiciary Committee refused to hold a hearing for Merrick Garland, nominee of SC from Obama.

30
Q

Example of judiciary striking down law

A

McCain-Feingold Act 2002 (BCRA) was repealed by Citizens Utd v. FEC (2010) to ensure companies as juridical persons are seen as individuals (1st Amendment and Equal Protection Clause of the 14th Amendment)
- So companies can donate to the super PAC for presidential and congressional campaigns.

31
Q

What are the 4 main characteristics of US federalism?

A
  1. The nature of the federal system of government and its relationship with the states.
  2. Concurrent powers
  3. National powers (power shared with Congress and president)
  4. State powers
32
Q

What is federalism?

A

Federalism means a theory of government where political power is divided between national and state government, there is jurisdiction for each and some decentralisation is involved.

33
Q

What power is federalism?

A
  • Enumerated powers.
  • The term ‘federalism’ is an implied power, but it is indirectly mentioned in Article IV and directly mentioned in the 10th Amendment.
  • Also, it is a concurrent power found in the powers of the federal and state governments.
34
Q

Examples of concurrent powers in terms of federalism

A
  1. Levy and collect taxes (Article IV, Section 1: Full Faith and Credit Clause)
  2. Borrow money
  3. Establish courts (federal courts and state courts), e.g. Sen. DeSantis’ Transgender bill is blocked by the Florida state court
  4. Define crimes and set punishments, e.g. marijuana, alcohol, abortion
  5. Claim private property for public use
35
Q

Examples of National powers (power shared with Congress and president) in terms of federalism

A
  • Coin money
  • Regulate interstate and foreign trade
  • Declare war
  • Raise and maintain armed forces
  • Govern US territories and admit new states, e.g. West Virginia
  • Conduct foreign relations
36
Q

Examples of state powers in terms of federalism

A
  • Regulate intrastate trade and business
  • Establish public schools
    Pass licence requirements for professionals
  • Regulate alcoholic beverages
  • Conduct elections (refer to Shelby County v. Holder (2013))
  • Establish local governments
37
Q

Evaluate the view that the US is no longer a federal nation.

Agree:

A
  1. States are clear policy areas
  • Whilst there has been growth in the Federal Government, states still maintain significant control over Education, driving and law enforcement in their states, e.g. abortion rights
  1. States are policy labs
  • Policy differs from state to state with some states legalising cannabis use for recreational purposes which showcases the flexible nature of Federalism in nation, e.g. California
  1. Strong state government and legal systems
  • US state courts are also strong and pose a challenge to the federal government, e.g. challenges to the Trump Travel Ban, Dobbs v. Jackson
38
Q

US state courts are also strong and pose a challenge to the federal government.

A

Trump Muslim Travel Ban.
- Argued that it was discriminatory and violated 1st Amendment and the Equal Protection Clause of the 14th Amendment.

  • The state of Washington filed a lawsuit that successfully blocked the first version of the travel ban in federal court.
39
Q

What does the role of state courts challenging the Federal Government show?

A
  • State courts and state attorneys general acted as a check on the power of the federal government.
  • Questioned whether the Executive Order was lawful and whether it violated the rights of their residents.
40
Q

Arguments that the US is less federal:

A
  1. Some powers are reserved for states
  2. Role of states in the ratification of amendments maintains their significance
  3. Federal Mandates and National Standards
41
Q

Example of federal power influencing state actions

A

Affordable Care Act (Obamacare) required states to adopt certain health care standards or risk losing federal funding.
- Even though states have reserved powers, the federal government can use financial incentives or penalties to influence state actions.

42
Q

Example of some power reserved for states

A
  • US v. Lopez (1995)
  • Court ruled that regulating guns in school zones was a power reserved for the states, rather than the federal government, which upheld state autonomy in regulating local issues.
  • Reinforced that the 10th Amendment reserves powers to the states unless the Constitution explicitly grants the federal government those powers.
43
Q

Why do federal mandates and national standards show that the US is less federal?

A
  • Rules or regulations set by the federal government that states must follow. Can impose national standards on states, even if the states might not want to adopt them. Can sometimes be exempt > gives flexibility in compliance.

Example: Clean Air Act mandates require states to adhere to environmental standards set by the federal government. If states don’t comply, they risk losing federal funding.

44
Q

What does the Clean Air Act require states to do?

A

Adhere to environmental standards set by the federal government. If states don’t comply, they risk losing federal funding.

45
Q

Example of supreme court rulings upholding federalism

A

Obergefell v. Hodges (2015), the Supreme Court ruled that same-sex marriage should be legal nationwide, overriding states’ rights to ban it.

46
Q

Example of 10th amendment allowing different laws across US states

A
  1. Oregon has no sales tax
  2. Colorado legalised cannabis in 2014 whereas in Kansas for example, it’s still illegal. It also still remains illegal at the federal level.
  3. California implemented pollution permits in 2008
47
Q

Example of some powers reserved for states

A

The power to conduct their own elections, protected by supreme court rulings such as Shelby County v. Holder

48
Q

Example of the role of states in the ratification of amendments maintains their significance

A

¾ of states are needed to ratify an amendment

49
Q

Federalism allows better representation of people, allowing those who voted for the party other than the Presidents’ to feel represented

A

Such as Florida, New Mexico, Illinois, Iowa and Wisconsin that have Republican Governors but voted

50
Q

Arguments that the US is still federal:

A
  1. The interstate commerce clause gives the federal government the authority to regulate commerce across states
  2. Federal mandates can be used to impose national standards against states
  3. . Supreme Court rulings undermine federalism - Obergefell v Hodges, Colorado and Maine trying to remove Trump from the presidential ballot 2024 overruled, Bush v Gore
51
Q

Example of the interstate commerce clause gives the federal government the authority to regulate commerce across states

A

The ACA’s individual mandate used the commerce clause to force each person to sign up to a minimum amount of health insurance coverage or face a penalty.

  • Argued people who don’t buy health insurance still affect the healthcare market, and regulating that behavior was within federal power.
52
Q

Example of Federal mandates can be used to impose national standards against states

A

Clean air and clean water acts, no child left behind

53
Q

Example of Grant conditions can limit the powers of states as they are forced to meet certain standards in order to receive grants

A

Real ID Act 2005 - The federal government tied certain Department of Homeland Security grants to compliance with Real ID standards.

54
Q

Example of Congress tends to lead the country in times of economic crisis

A

Bicameral Budget Act 2013, CARES Act 2020, Dodd-Frank Act 2008 after the financial crisis

55
Q

Supreme Court rulings undermine federalism

A

Obergefell v Hodges, Colorado and Maine trying to remove Trump from the presidential ballot 2024 overruled, Bush v Gore

US Government - Paper 3 (11 decks)

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