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constitution Flashcards

1
Q

basic history of the constitution

A

the 55 founding fathers met to redefine the articles of confederation which made a national government that was severely limited. they created a federal state.

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2
Q

what does article 1-3 of constitution do

A

establishes an executive, legislative and judiciary

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3
Q

what does article 4 of const do

A

power reserved to states

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4
Q

what does article 5 of const do

A

outlines the amendment clause

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5
Q

what does article 6 of the const do

A

superiority clause.
const = sovereign

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6
Q

articel 7 const

A

ratification clause
all 13 states are required to agree to the const

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7
Q

how many amendments.
3 examples

A

27
1 freedom of expression and religion
2 right to bear arms
22 president limited to 2 terms (1951)

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8
Q

what are the first 10 amendments known as

A

The Bill of Rights
to protect an individual against government + protect states against federal govt

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9
Q

federalism purpose

A

no central government to be overheavy
ensure all states made majority of decisions

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10
Q

purpose of seperation of powers

A

3 different branches to stop tyranny.
keep branches seperate to limit ability to expand powers

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11
Q

8 strategies used to safeguard the constitution

A

1. federalism
no central govt to be overheavy
2. seperation of powers
3 different branches to stop tyranny and expansion of power
3. bicameralism
2 chambers, distinct abilities
4. checks and balances
to enforce sep. of powers
5. staggered terms of office
stops populism
6. indirect elections
electoral college voting method. you vote inside your state. is not based on number.
7. fixed election dates
cant use political momentum and call an election
8. constitutional amendment
nothing can be changed without this.

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12
Q

what are the first three powers known as

A

enumerated powers (delegated powers)

given to the 3 branches. state all the power the federal government has.

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13
Q

what is it called when the const is vague in powers
and examples

A

implied powers
the power to draft people into the armed forces isnt explicit but can be implied from congress’ enumerated power to raise an army..

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14
Q

what is the elastic clause

A

article 1 section 8.
allows the federal government to stretch their power byond what is said in the enumerated powers. allows laws to adapt to changing circumstances without changing the const

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15
Q

what are reserved powers and where

A

in the 10th Amendment
powers that are not enumerated to the federal government, instead reserved to the states.

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16
Q

what are concurrent powers and example

A

powers which both the federal government and states share.
eg collecting taxes, building roads

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17
Q

what is the role of the legislature

A

make laws, debate, discuss.

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18
Q

what is the function of the president

A

in charge of executing the law

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19
Q

what is the function of the judiciary

A

to interpret the law

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20
Q

president’s checks on congress x3

A
  • suggest legislation
  • veto
  • commander in chief of the armed forces
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21
Q

president’s checks on the courts x2

A
  • power of pardoning
  • nomination of judicial appointments
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22
Q

suggest legislation x1 w example x1

A
  • president -> congress
  • support legislation but has no direct legislative powers. const gives them the right to address congress through the annual state of the union
  • biden fought for his 3 part Build Back Better plan in his 1st year in office
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23
Q

veto example x1

A

president -> congress
- bush and obama vetoed 12 times. trump 10 times.

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24
Q

commander in chief example x2

A

president -> congress
- obama sought approval from congress for action in syria by saying “i believe i have the authority to carry this out without specific congressional authorisation” but wanted a more united decision
- trump ordered an air strike on baghdad airport resulting in the death of general Soleimani

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25
presidential pardon w example x2
president -> court - excuses someone for a federal crime - obama commuted the sentence of Chelsea manning who'd served for 7 years for stealing state secrets. - trump pardoned around 1500 people for capitol hill
26
judicial appointments w example x1
- president can shape the court through nominations - trump's nominated replacement for liberal ruth bader ginsburg was conservative amy coney barrett. she switched the balance and disregarded the convention
27
congress checks on the executive x7
- legislation - veto override - power of the purse - declaration of war - impeachment of executive branch - ratification of supreme court nominations - ratification of treaties
28
congress' checks on the judiciary x3
- impeach justices - propose a constitutional amendment - ratify judicial appointments (senate only)
29
legislation (congress check on president) w example x1
congress -> president - can create, amend, delat - in 2020 State of the Union, trump said that the work on the mexican border wall would continue depite 5% being completed. congress refused to fund it
30
veto override w example x2
congress -> president - 2/3 of the houses can force a vetoed bill into law - 4 of bush's vetoes were overriden. - trump's veto on the National Defense Authorisation Act (2020) was overriden
31
power of the purse w example x1.5
congress -> president - congress has the right to spend tax money for the national government. Article 1 says that Appropriations bills should originate from the HOR. - the Consolidated Appropriations Act 2022 passed a $1.5 trillion package and $13.6 billion for aid to ukraine
32
impeach justices w example x1
congress -> sup court - samuel chase in 1805, not guilty. none since then
33
propose a const amendment w example x1
congress -> supr court - by changing the constitution, the supreme court's rulings can be rendered null - 1913, 16th Amendment adopted after SC denied Pollock v Farmer's loan and trust Co.
34
ratify judicial appointments w example x1
senate only - senate didnt ratify Merrick Garland in 2016. Neil Gorsuch was the replacement (due to election timings)
35
supreme court checks on congress and presidency x1
- judicial review
36
judicial review w examples
- whether acts of congress and the president are constitutional - Boumediene v Bush 2008 court checked both congress and president rulignt hat the Military Commissions Act passed by Congress to be unconstitutional. = allowing detainees held at Guantanamo Bay to challenge their detention in US courts.
37
declaration of war w example x1
congress -> president - president can move troops but only congress can formally declare war on a nation Authorisation for Use of Military Force (AUMF) - AUMF that followed 9/11 was used by every subsequent president to justify their foreign policy. repealed 2021
38
impeachment of executive w example x2
congress -> president - members of the executive branch for high crimes and misdemeanors. 2/3 majority needed. - Clinton 1997 - Trump 2019.
39
ratification of treaties example x2 one not
Strategic Arms Reduction Treaty (START) 2010, ratified Anti-counterfeiting Trade Agremeement not ratified in 2011 (ACTA)
40
adv of amendment process x5
- protects key principles eg federalism, - prevents abuse of power - prevents ill-thought amendments - super-majoirties ensure that the will of a small majority cannot be imposed - ensures both federal and state governments support
41
disadv of amendment process x4
- difficult to remove outdated aspects and incorporate new ideas - its undemocratic, gives too much power to a minority to block the change - minority interests are ignored - gives too much power to the supreme court
42
how is the amendment process effective as it ensures broad support. example
mass shootings in the USA evoke the suggestion for the repealing of the 2nd Amendment. BUT in 2018, only 1 in 5 wanted it removed. = ensuring a high threshold for amendments means that the const reflects the will of US
43
example of the amendment process being effective as it prevents tyranny of the majority
- the most populous 5 states account for over 37% of the population. biden won california by 5 million votes in 2020 therefore, it ensures that populous states cannot simply amend the constitution
44
party funding
- 2008 election was the first to cost over $1 billion. 2020 presidential and congressional elections costed an estimated $14 nillion there was going to be campaign finance reform but was prevented
45
electoral college example of process being ineffective as outdated things remain
- 2/5 of the last 5 presidential elections, the electoral college has returned a differnt winner to the popular vote. it was a guard against popular democracy but it undermines the principles of liberal democracy
46
example of the amendment process being ineffective - minorities ignored
the Defense of Marriage Act 1996 - the Supreme court invalidated it through Obergefell V Hodges 2015, but there are no chances of an amendment recognising the rights of same-sex couples given 7.1% of US adults are LGBTQ
47
example of the amendment process being ineffective - powerful supreme court
in 2021 alone the court ruled to uphold Obamacare, protect the free speech of students, and allow the anonymity to donors to PACs. the difficult amendment process allows for a SC that can seemingly make new laws.
48
how do states retain their sovereignty x4 with example for each
- citizens' rights (alaska learner's permit at 14, california at 16) equally over marijiuana, abortion -criminal punishment (death penalty allowed in 27 states) - electoral regulation (right to run their won elections) most notably Florida in 2000 election. also they can redistrict which leads to court cases over gerrymandering (significant after the delayed 2020 census) - taxes (7 states have no income tax)
49
example of the states taking back their power
in response to COVID, Biden passed vaccine mandate affecting 84 million Kim Reynolds, Governor of Iowa as well as nearly half of the states sued the Biden administration.
50
how did biden develop state power x2
- abortion, a large number os states put greater restrictions on abortion eg Alabama abortion is illegal with exceptions to preserve the woman's life. - COVID-19, each state had different rules eg Alabama face coverings werent required but in cali they were.
51
how did biden develop federal power x2
- Build Back Better **Plan**, spending on COVID recovery, infrastructure, social security - the vaccine mandate.
52
how did trump 1 develop stae power x2
- Carpenter v US 2018 found federal govt must obtain a warrant for cell phone location warrants - Executive order minimising the economic burden of the PPACA - aimed at reversing Obamacare and giving states more control Trump's American Healthcare Act failed to pass.
53
evidence trump 1 developing federal power x1
- executive order stripping federal grants from "sanctuary cities"
54
CONST elections are positive x2expl + x2 example
HOR elected every 2 years - promoted responsiveness to the public = DEMOCRATIC highly representative government as the result of many elections. 2018 midterm election resulted in the shift of house majority, reflecting public dissatisfaction with trump administration amendments expanded voting rights eg no racial/gender restrictions and lowered the voting age
55
CONST elections are negative expl + x1 example
- electoral college limited direct democracy in presidential elections clinton and Gore win the popular vote yet loses the election produces a government not reflecting the wishes of the people
56
CONST checks and balances are positive x2 expl + x1 example
- prevents any single branch from gaining too much power, protects democracy and compromises (2021 Biden's COVID relief packages passed after negotiation w congress) - promotes accountability, branches can check eachother (judicial review, trump's impeachment proceedings in 2019,21)
57
CONST checks and balances negative expl + x1 example
- can lead to gridlock, slowing government response to public needs. 3% bills that enter congress actually passed
58
CONST civil rights positive expl + x1 example
High level of CR protection through supreme court and Constitutional rights. eg 2020 supreme court upheld protections for LGBT employees in Bostock v. Clayton County
59
CONST prevent govt from policy making negative expl + x2 example
SC can prevent govt from carrying out policy, leading to ineffective governments eg 2021 SC blocked Biden's vaccine mandate Shelby v Holder weakened Voting Rights Act, impacting voter protections
60
CONST amendment process positive expl + x1 example
amendment process stops abuse of rules 1992 ratification of 27th amendment showed that the amendment process allows for change, even if slow.
61
CONST amendment process negative expl + x1 example
prevents necessary changes and keeps outdates ideas eg efforts to pass the Equal Rights Amendment ERA have stalled for decades
62
CONST is vague = good expl+ x1 example
vagueness allows govt to operate effectively and to adapt to society 2021 broad constitutional language allowed for diverse COVID responses across states
63
CONST is vague = bad expl + x1 example
meant that loopholes have been exploited eg executive orders eg 2014 - Obama's use of executive actions on immigration raised questions about the exploitation of executive power under vague constitutional language.
64
CONST states are well protected x2 examples
allowing govts to meet the needs of each state. 2022 - state-specific COVID-19 policies allowed for localised responses, respecting state autonomy. 2012 - NFIB v. Sebelius allowed states to opt out of Medicaid expansion, protecting state sovereignty
65
CONST negative as fed govt can dominate policy making x1 example
2010 - Affordable Care Act (Obamacare) mandate initially faced challenged from states arguing federal overreach.

politics paper 3 (9 decks)

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