Constitution Flashcards

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1
Q

What is a constitution?

A

AJ Bennett: “A code of rules laying down both the framework and powers of the government and the relationship between the government and the governed.”

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2
Q

What is a federal state?

A

One where power is distributed between central government and local institutions.

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3
Q

What is the opposite of a federal state?

A

A unitary state - where ultimate power lies in one place.

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4
Q

What is the collective name given to the people who wrote the Constitution?

A

The Founding Fathers, or the Framers

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5
Q

Name three Founding Fathers.

A

Any three from John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington

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6
Q

How many times has the US Constitution been amended?

A

27

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7
Q

What are the first ten amendments to the Constitution collectively known as?

A

The Bill of Rights.

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8
Q

What to strict constructionists believe?

A

That the Constitution should be interpreted strictly as it is written.

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9
Q

What do loose constructionists believe?

A

That the Constitution should be interpreted in today’s context - so it provides a flexible framework, not rigid guidance.

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10
Q

James Otis famously said what about taxation?

A

“Taxation without representation is tyranny.”

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11
Q

What did the Connecticut Compromise agree to?

A

A bicameral Congress: a House of Representatives with representatives distributed proportionately by population, and a Senate in which every state has two Senators.

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12
Q

To which branch of government does Article 1 relate?

A

The legislature

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13
Q

To which branch of government does Article 2 relate?

A

The executive

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14
Q

To which branch of government does Article 3 relate?

A

The judiciary

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15
Q

What is the theory which states that the three branches of government should not overlap in terms of function or people?

A

Separation of powers

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16
Q

Congress has two houses. What are they called, and what is the name for a legislature that has two houses?

A

House of Representatives, Senate, bicameral.

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17
Q

Give two reasons why HipHughes describes the House as a “mad dog”.

A

Because its members were directly elected and therefore susceptible to local passions; they have the power to initiate impeachment; only they can initiate financial bills.

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18
Q

If the House is a mad dog, what is the Senate?

A

The wise old men and women up on the hill (says HipHughes)

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19
Q

What constitutes the mad dog’s leash?

A

The two year election term in the House.

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20
Q

What proportion of Senators are up for election each cycle?

A

One third.

21
Q

Who is the current Speaker of the House, and how is s/he chosen?

A

Nancy Pelosi, chosen by the members of the House.

22
Q

Who is the President of the Senate?

A

The Vice President (currently Mike Pence)

23
Q

What and who is the President pro tem of the Senate?

A

The presiding officer of the Senate who rules on points of order. S/he is traditionally the longest serving member of the ruling party in Senate - currently Chuck Grassley of Iowa.

24
Q

Give an example of someone who had to change jobs due to the separation of powers.

A

Obama had to resign as Senator for Illinois on being elected president in 2008; Jeff Sessions had to resign as senator for Alabama on being appointed Trump’s Attorney General (a Cabinet post and therefore part of the executive) in 2017.

25
Q

Which part of the Constitution details how bills become law?

A

Article 1 s7.

26
Q

Any bill for raising money starts in which House?

A

The House.

27
Q

What can the president do if s/he does not agree with a bill passed by Congress, and which article states this?

A

A1 s7. S/he can “leave it on his desk” in which case it becomes law after ten working days; veto it; or leave it on his desk within ten working days of the end of the Congress (the pocket veto).

28
Q

Which is the most effective form of veto?

A

The pocket veto, because a bill has to be completed in one session of Congress so any that are pocket vetoed will have to start all over again.

29
Q

What does A1 s8 list?

A

The enumerated powers (i.e. what Congress can do)

30
Q

Which is the most famous enumerated power?

A

A1 s18, the “elastic” or “necessary and proper” clause, which allows Congress to pass “all necessary and proper laws” for carrying out its powers.

31
Q

Which part of the Constitution places limits on Congress and what are they?

A

A1 s9: it cannot suspend habeas corpus, pass bills of attainder or ex post facto laws.

32
Q

Article 2 establishes the electoral college, but which amendment created today’s system?

A

The 12th.

33
Q

Which article makes the President commander-in-chief?

A

A2 s2.

34
Q

The 1st Amendment guarantees:

A

freedom of speech, religion and assembly.

35
Q

The 2nd Amendment guarantees:

A

the right to own a gun.

36
Q

The 5th Amendment guarantees:

A

your “Miranda rights”, that you may not be tried twice for the same crime, and that you cannot be forced to testify against yourself (“pleading the Fifth”)

37
Q

The 8th Amendment prohibits:

A

cruel and unusual punishments.

38
Q

The 10th Amendment states that:

A

any powers not granted to the federal government are reserved to the states.

39
Q

The 13th Amendment:

A

abolished slavery

40
Q

The 14th Amendment:

A

ensures equal rights and equal protection for all citizens.

41
Q

The 15th Amendment:

A

ensures that race cannot be used as a criterion for voting.

42
Q

The 18th Amendment:

A

prohibited alcohol (prohibition)

43
Q

The 21st Amendment:

A

repealed the 18th Amendment

44
Q

The 22nd Amendment:

A

set a two-term limit for any president

45
Q

Who is the possible exception to the 22nd Amendment?

A

A VP who assumes the presidency after the death or removal of the president

46
Q

The 23rd Amendment:

A

grants the District of Columbia the right to three electors in presidential elections

47
Q

The 25th Amendment:

A

establishes what happens if a president should become unfit to hold office.

48
Q

What are the four principles of the Constitution, and in which articles are they stated?

A

Federalism, Cs and Bs / Separation of Powers, limited government, bipartisanship. They are not stated, they are implied.

(If you need three principles, i.e. for an essay, add limited government to federalism.)