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A Level Politics USA > Constitution > Flashcards

Constitution Flashcards

1
Q

What is the legislative

A

congress

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2
Q

What is the executive

A

President

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3
Q

What is the judicial

A

The Supreme Court

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4
Q

What two things make up Congress

A

Senate and House of Representatives

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5
Q

Name two powers of Congress

A
  • makes law

- approves presidential appointment

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6
Q

Name 3 powers of the executive

A
  • propose legislation
  • sign laws
  • pardons people
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7
Q

Name two powers of the judicial branch

A
  • decides if laws are constitutional

- can overturn rulings by other judges

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8
Q

Who appoints Supreme Court justices

A

Appointed by the president

There are 9 all together

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9
Q

What is a constitution

A

A system of rules which described the structure and powers of government.

Outlines the relationship between the three branches of government

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10
Q

What was the aim of the Declaration of Independence

A

The American colonies telling British king George establishing their independence

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11
Q

What was the militia

A

The American colonists which fought the British troops

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12
Q

What was the point of the “articles of confederation”

A

A plan for how the new govt should operate, this is the first draft of the constitution

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13
Q

What were the initial issues of the articles of confederation

A

They gave the state too much power which limited the central government

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14
Q

What was the Connecticut compromise

A

Compromises federalism- solves the issue of too much power. Equal representation per state

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15
Q

Explain article one

A

Legislative branch:

  • outlines how elections will be conducted
  • details the legislative process
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16
Q

What is article 2

A

The executive branch

  • term length shall be 4 years
  • president must be 35 years old
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17
Q

What is article 3

A

Judicial branch

  • congress can ordain and establish inferior courts
  • rules on treason
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18
Q

What is article 4

A

Relationship between states

- guarantees protection from invasion.

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19
Q

What is article 5

A

Amending the constitution

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20
Q

What is article 6

A

Federal supremacy

- federal law shall be supreme law of the land

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21
Q

What is article 7

A

Ratification

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22
Q

Three advantages of a codified constitution

A
  • stability and continuity - cannot be changed without debate and majority agreement
  • outdated sections can be removed eg prohibition
  • sets out specific powers- however some are vague so can be implied
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23
Q

Three disadvantages of US constitution being codified

A
  • difficult to amend and inflexible
  • can be informally ammebded by Supreme Court- power in unelected officials
  • dome clauses are outdated/ unhelpful
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24
Q

Compare the UK and US constitution / 3 points

A
  • sources -🇺🇸 single codified document 🇬🇧has several sources
  • amendments- 🇺🇸made with a 2/3 majority
    🇬🇧easier to amend through acts of parliament
  • authority 🇺🇸authority in constitution but SC has ultimate power due to interpretation 🇬🇧parliament is sovereign, constitution is what parliament says it is
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25
Q

What did Montesquieu want for government

A

Where each branch has equal but different powers in order to protect the freedom of the public

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26
Q

What did Thomas Jefferson day and what does this imply

A

“The government which governs best is the government that governs least”

  • suggests an ideal govt does not need to get involved but maintain peace from a distance
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27
Q

What does the 9th amendment say

A

Rights of people do not need to be explicitly written down to apply

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28
Q

Which check was not written in consitution

A

Judicial review

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29
Q

What a powers of president

What is the limit on this

Give an example

A

Vetoes acts passed by Congress

Can be overturned with a 2/3 majority

Bush- withdraw from Iraq 2007

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30
Q

Name three powers of Congress

A

Passing laws
Impeachment
Ratifying foreign treaties

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31
Q

What is bi partisanship

A

A close co-operation between two parties

32
Q

Give an example of bipartisanship

A

2001-02 president bush achieved education reforms passed on because he worked closely with democrats

33
Q

Negative example of bipartisanship

A

Can result in gridlock

2013- republican congress and democratic president over the pass of the federal budget

34
Q

What are the effects of fragmentation of elections

A

Divided government

  • individualistic candidate centres campaign
  • parties weakened
  • broad coalitions
35
Q

How many years of divided govt between 1969-2009

A

22 yrs

36
Q

Between 1969-2009 how many years with unified govt

A

10.5

37
Q

Does a divided Govt Male checks and balances more effective: 2x yes

A
  • bills and nominations are likely to receive more scrutiny in a divided govt
  • prevents a bull just getting a “nod through” as veto can be overridden
38
Q

Does divided government Male checks and balances more effective: no

A
  • decreases the importance of checks and balances

- important bulls do not get passed, only superficial bills which have no impact do

39
Q

What case established judicial review

A

Marbury v madison 1803

40
Q

Explain the bill of rights

A

1) freedom, religion speech and press
2) right to bear arms
3) housing of soldiers
4-8) prisoners rights and accused rights

41
Q

How many amendments have been made to the constitution since 1789

A

27

42
Q

Who can propose an amendment

A

President and congress

43
Q

What are the two methods of proposal (amendment)

A

1) 2/3 vote in both the house and the senate

2) called by congress at the request of 2/3 of the state legislature

44
Q

What are two methods of ratification (amendment)

A

1) by legislatures in 3/4 of the states

2) ratified through conventions in 3/4 of the state

45
Q

Give an example of where the amendment process has become too rigorous

A
  • equal rights amendment
  • been proposed several hundred times, in 1972 it fell short by 3 states
  • proposes equal rights for men and women

A03: too rigorous because it stands in the way of important legislation in the 21st century - inflexible

46
Q

2 Strengths of the amendment process

A
  • super majorities ensure agAinst a small minority being able to impose will
  • ensures both federal and state gifts favour the proposal
47
Q

3 weaknesses of the amendment process

A
  • lengthy and complicated process means amendments cannot be added about temporary issue
  • overly difficult to amend keeping out of date laws in: eg 2nd amendment
  • enhances the power of unelected Supreme Court whose job it is to interpret the constitution
48
Q

Define federalism

What does this mean in practise

A

A theory of govt by which political power is divided between a national govt and state govt each having their own area of substantive jurisdiction

Federal laws passed by Congress are opted in the states whether or not they are used

49
Q

Give an example of where states have interpreted federal law

A

The death penalty

50
Q

Why is federalism suited to the USA

A
  • it’s so big- no one law can be applied to all of the states as they are so diverse
51
Q

How was US federalism establishes

A

Was established when the colonies became free from king George and the British, when it came to establishing a new govt

John Locke wanted limited govt
Federalists wanted centralised govt
Anti federalists wanted states with powers

Compromise: created a central limited government whereby the states could interpret fed law as they like so long as they don’t break the law

52
Q

2 factors the changed the federal- state relationship

A

Great Depression 1929=
The states looked to the federal govt to solve their problems- Roosevelt’s new deal which built new schools etc

Supreme Court=
Decisions made by the Supreme Court between 1937-70 enhanced the fed govt power

53
Q

What are the five phases of federalism

A

1) dual federalism
2) cooperative federalism
3) new federalism
4) federalism under bush
5) federalism under Obama

54
Q

Explain dual federalism

A

Powers and authority clearly divided between national state and local

55
Q

Describe cooperative federalism

A

Powers and authority mixed among the national

They cooperated to solve problems like poverty

56
Q

What is new federalism

A

Block grants= the federal government giving states money

57
Q

Describe federalism under bush

A
  • increased spending

- policies such as no child left behind education policy

58
Q

Describe federalism under Obama

A
  • healthcare reform legislation

- “change” agenda

59
Q

Does federalism work today?

3 reasons yeh

A

1) permits diversity in state laws
2) created more access points in govt
3) states become “policy laboratories” trialling reform , eg Massachusetts and healthcare reform

60
Q

Does federalism work today:

3 reasons no

A
  • source of conflict and controversy
  • frustrates the National will, making solving problems harder
  • can mask economic and racial inequalities
61
Q

Name two federal government powers

A
  • establish foreign policy

- post office

62
Q

Name two shared powers

A
  • law and order

- establish courts

63
Q

Name two state government powers

A
  • marriage laws

- establish and maintain schools

64
Q

What are the three branches of state government

A

Executive branch
Legislative branch
Judicial branch

65
Q

What are five roles in the executive branch

A
  • governor
  • listener governer
  • attorney general
  • treasurer
  • Secretary of State
66
Q

What does the legislative branch do

A

Similar to congress

Approved state budget, initiates tax, creates legislation

67
Q

What are four courts in the judicial branch

A

1) state Supreme Court
2) superior court
3) special court
4) county magistrate court

68
Q

What is Baker v Carr

A

Specified the one person one vote idea in state elections

As rural elections were over represented, now shifted to urban areas due to higher population

69
Q

Are elections expensive

A

Yes and they are getting more expensive and becoming more candidate centred

70
Q

What is partisan competition and what is the effect

A

Is close in most states leading to a divided government

71
Q

What is the merit plan

A

Governor appoints one of several screened judges, voters approve/ disapprove in a election

72
Q

What is Dillon’s rule

A

Local govt have only powers given by the state

73
Q

What are the three levels of national government

A

Congress
President
Supreme Court

74
Q

What are the three levels of state government

A

Governor
General assembly
State Supreme Court

75
Q

What are the three levels of local government

A

Mayor
Board of supervisor/ town council
Court

76
Q

To what extent is federalism been eroded

YES X2

A
  • bush created the no child left behind act, education is normally a state power, fed govt took over
  • Obama healthcare reforms impeded on state power
77
Q

Federalism has not been eroded

NO X2

A
  • 1990s states benefited from the rising economy, allowed their own independence as could use their own money
  • states still have autonomy over many issues for example same sex marriage as their is not uniform policy on all issues

A Level Politics USA (3 decks)

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