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US Government - Paper 3 > Constitution > Flashcards

Constitution Flashcards

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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 provide for the common defence and general welfare of the United States’ (Article I), the power of Congress to make all laws “necessary and proper” for its ability to rule (Article I, Section
- 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

Only 13/50 states need to oppose an amendment to block it

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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 Budget Act of 2019 - Aimed to set out government spending for the next two fiscal years.
  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. Government shutdown of Dec 2018 - Jan 2019 over funding for Trump’s wall could be perceived as a result of partisanship, as Democrat opposition led to gridlock and a 37 day shutdown.
  4. 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

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.

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17
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,
18
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.

19
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

20
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
21
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.

22
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.

23
Q

Example of judiciary striking down law

A

McCain-Feingold Act 2002 (BICRA) was repealed by Citizens Utd v. FEC (2010) to ensure companies as juridical persons are seen as individuals, so companies can donate to the super PAC for presidential and congressional campaigns.

24
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
25
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.

26
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.
27
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
28
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
29
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
30
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
  • State government still plays a large role and is not as weak as local government in the UK, and can still enact policy which is significantly different to that of the Federal government
  • 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
31
Q

Arguments that the US is less federal:

A
  1. 10th amendment allows different laws across US states
  2. Some powers are reserved for states
  3. Role of states in the ratification of amendments maintains their significance
  4. Federalism allows better representation of people, allowing those who voted for the party other than the Presidents.
  5. Block grants were given under Reagan to each state with little federal guidance under the period of New Federalism
32
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
33
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

34
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

35
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

36
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. Grant conditions can limit the powers of states as they are forced to meet certain standards in order to receive grants
  4. Congress tends to lead the country in times of economic crisis
  5. Supreme Court rulings undermine federalism - Obergefell v Hodges, Colorado and Maine trying to remove Trump from the presidential ballot 2024 overruled, Bush v Gore
37
Q

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

A

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

38
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

39
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.

40
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

41
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

42
Q
A

US Government - Paper 3 (9 decks)

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