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6-Politics- Paper 3- USA > Constitution And Federalism > Flashcards

Constitution And Federalism Flashcards

1
Q

Context

A

§773- boston tea party- rebels against british rule from westminster- no tax without rep
17760 declaration of independance- independent from gb
1775-83 war of independence
1787- philadelphia conference- main debate fed v state gov
1789 presidential election 1791 bill of righst ammendments 1-10

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2
Q

Aim of founding fathers

A

Not have autocractic regime- limited gov
Locke- inalienabel rights0 liberty
Rousseau- all men made equal

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3
Q

Principle

A

Fundemental belief or deal
Constitutional pricniples may not be named in constitution nut underpins entire document and can be seen throughout

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4
Q

Principles of constitution

A

Sops- montesquie unspired, cant be in more than one, diff elections, obama gave up senate seat
Check s and blanaces- power of one branch to directly prvenet the action of another branch, madison ‘constitution must be made to counterract ambition’ ‘compromise, compromise, compromise’
Limited gov/dispersal of power- prevent tyranncial ruler and rights protected

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5
Q

Nature of constitution- factors/qualities

A

Condificiation
Entrenchment
Vagueness of document
Necessary and proper clause
Bipartisanship

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6
Q

Codification

A

Single written document contains all the constitutional rules and principles
Makes it judiciaible- contains a higher form of law, otehrs can be decided if constitutional or not

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7
Q

Entrenchmet

A

Constitution that is protected through change of a legal process- ammendment process

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8
Q

Vagueness of document

A

Allowed for compromise of delegates and agreements ofthe states
Roberts- all down to interpretation

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9
Q

Necessary and proper clause

A

Clasue within article 1 allowing congress to assume any powwers which are necessary for it. To be able to carry out enumerated powers- elastic clause§

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10
Q

Bipartisanship

A

Both party role to ensure constitution is a cmpromise
Hailton- we are attempting by this constition to absolve factions and to unite all parties for the same welfare
Some powers congress and ammendments supermajorities- require compromise

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11
Q

2nd ammendment

A

Right to bear arms

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12
Q

Article 1

A

Legislative rbranch

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13
Q

Article 2

A

Exec branch

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14
Q

Article 3

A

Judicial branch
Hamilton- weaksest branch, jefferson despotic branch

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15
Q

Etv us constition enhances democracy and effective gov

A

Loa- no
Ammendment process
Sc
Sob/c+b/representation

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16
Q

Constition enhances democracy and effective gov- ammendment process- yes

A

Requires broad support for change- bipartisanship= more rep of public
2nd ammendment repealed after school shooting yet only 26% would support according to yougov poll 2018

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17
Q

Constitition enhances democracy and effective gov- no codified

A

To be democratic needs to remian up to date
Only 27 ammendments passed
Evolution not occured doesnt relfect population increasing technology ect
Hindrance effective gov- 72 attempts campaign finance ammendments since 1998 would enhance democracy as money dictate campaign- $14bn 2020 presidential congressional
Former sc justice stevens current sustem ensures richest not best leader
Equal rights ammendment ensure equal rights men and women not passed as 38th state 2020- 50 y after proposal

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18
Q

Constitution enhances democracy and effective gov- sc yes

A

Powers article 3
Ensures codified constitition upheld
Overturn roe v wade- uphold states determined, fed

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19
Q

Constitution enhances democracy and effective gov- sc no

A

Not independent - ideological appt
Trump amey coney barret con- 6v3 led to roe v wade
Role for life- svadato argues min retirement age- too powerful, judiciail review

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20
Q

Us constition enhances democracy and effetcive gov- principles yes

A

Prevents tyranny of larger states and singlular parties with ammendments, each state individ and equal- if proportional 5 most populaous states 37% pop
Choice of parties- 2020 presiden 10 - jo jorgenson libertarians , kaney west birthday party
C and b president propose treaty, senate ratify

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21
Q

Us constitution enhances democracy and effective gov- no principeles

A

Mann and ornstein- its even worse than it looks, sops have grown, more limited with extreme partisanship gridlock- 2018-2019 gov
In reality 2 party sustem with fptp
Threatened pwoer of pressue groups= nra

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22
Q

Ammendments process aims and context

A

Ensure constitution not outdates
Madison hoped process would ‘gaurd equally against that extreme difficulty, which might perpretude its discovered faults
Importance not changed v easily
Over 12000 proposed only 27 passed
1-10 bor eg protect free speech

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23
Q

Formal ammendment process effective today= arguments for

A

Broad support-0 supermajority in diverse nation, 2018 poll 26& rpeeal 2nd despite mass shootings
Prevents short lived trends- except prohibition, only one in 200 years, politicians cant use for own gain
Protects ocnstitional pricnples- sops and bipartisanship
Prevent tyrnanny of large states- most populous 5 tsates 37% pop, bidne wom california by 5 mill votes 2020, otherwise large states could dominate
Few changes but working- 27

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24
Q

Formal ammendments process- effectove today- no

A

Diff to ensure stay up to date- era, camapign reform act
Outdated aspect- pop bigger, technology developed, political and cultural change, sc justice stevenss 6 areas reform- 2nd amendment only in malitia, remove electoral college to porpular vote
Ignore minority interests- high threshikd, defence of marriage act 1996- obergefell
Power to sc- unelected and unaccountable, interpet constitional meaning
Mistakes- prohibition 18th

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25
Reform to constitution needed
Yes Ammendment process formal Sc State power and independence
26
Reform needed yes- formal ammendment process
Jefferson- constitiono should be ‘of the living not ofthe dead’ Necessary ammendments blocked- cmapiagn finance 72 times since 1998, presidential over $14bn- challenges view of one man one vote 2nd ammendment needed Balanced budget 134 times since 1998
27
Reform not needed- formal ammendment procesa
Gun reform not wanted yougov poll 2018= 1/5th Ensure broad support needed to prevent large states dmoniating- 5 largest states- 37% of population
28
Reform needed- sc
Dahl- us constition is undemocratic and needs to be reformed Too much power 9 unelected judges- appt similar ideology, shifted right Vagueness great scope for interpetation May opose thos ein public interest- reject biden moratorium on evicting when hiigh interest rates in covid
29
Supreme court refrom not needed constition
Congress does have to approve appt- obama garland, Sc uphold states rights- carpenter v us 2018- fed gov myust obtain a waarant for citizens cell phone location record Bor individ rights upheld- snyder v phelps 2011 right to free speech of westbroo baptist church
30
Reform needed- federalism
States undermined- welfare Rights for individ removed- dobbs case Helatdhcare- each state- vaccine rules dangeours as varied so much
31
Constition reform- fed no
States lagrley indepndent- 10th ammendment allow dispersal of power on laws, culture practises, Commerce clause-e marajuana cole memo- fed not enocfrec Roe v wade upheld
32
Federal gov
National gov of usa 3 branches- congress, presidents, judiciairy
33
Federalism
System of gov in which power and sovereignty are to be shared between fed gov and indivd states
34
Evolution of federalism
Dual fed Co-op fed Creative fed New fed
35
Dual fed
1790s 1930s States and fed gov co equal and have distinct powe rover certain areas State gov exert most power But sc- marhsall supreme legal power, civil war, ww1, plessy v furgherson seperate but equal, civil rights act
36
Co-op federalism
1929-1960s Fed gov power supreme to states Fdr new deal and wall st crash Power expand wall st crash, econ depression, ww2. Cold war
37
Creative fed
1960s Strong fed gov Eliminate poweverty in some areas caused by failure of state gov 1965 medicine elderly, High welfare spending x 25 1963-69
38
New fed
1970s-2000s Nixons call Rugged individualsim States decide for themselves Undermine principel of federalism
39
Theorists on federalism - grodzins
Dual fed never exist, power fed and state intertiwnes, marble cake
40
Theorists on federalism- walker
Rebirth fed in 1990s due to end of cold war and republicans
41
Shannon- theorists on federalism
4th stage fed since 1990s states and fed gov compete over funding policies and resources, niether dominates
42
Theorists on federalism- zimmerman
Fed gov dominates states Statutory duty last few decades states have been deprived of a significant portion of reserve powers
43
Etv thta federalism no longer works and states are not soverign
Loa no balance struck Citizens rights Criminal punishment Electoral regulation
44
Federalism no longer works and states not soveriegn - citizens rights- yes
Certain rights dicttaed by fed gov- drinking age 21, sc obergefell protect rights Arizona v us challenge powers of arizona when enforce fed law
45
Federalism no longer works and states are not sovereign- citizens rights no
Rights of citizens varies betwene states- driving age 14 alaska 16 massachustes, abortion texas 6 weeks, california 24 weeks Marijuana cole memo
46
Federalism no longer works and states not soveriegn - criminal punishment- yes
Sc restrictions on use of death penalty kenney v iowa 2023 Sc final court of appeal
47
Federalism no longer works and states not soveriegn - criminal punishment- no
Death penalty- 27 allow, multiple methods none use all Virginia, iowa, kentucky convicted felon not allowed to vote upon release from prison
48
Federalism no longer works and states not soveriegn - electoral regulation- yes
Voting rights extended at national level- lower voting age 18, despite rcae gender 2021- biden published hhogn lewis bill protect voter rights
49
Federalism no longer works and states not soveriegn - no electoral regulation
Article 1 allows states to run own elections- 2018 could use paper ballot, electoral , mail in- allow diff states ie rural Id laws can restrict those, disenfranchse esp black voters Ecv allows all atleast one (although could argue under rep wyoming 3x more california or president only focus 12 states)
50
Checks on sc by congress
-impeach justices- sc onoce samual chase 1885, fed level 15 impeached 8 gulty, porteous guilty of brigery and making false statements in 2010 Propose constitional ammendment- formally 1913- 16th- fed income tax levid after sc ruled to deny in pllard v farmers loan and trust co 1985 Ratifiy justices appt- garland and coney barett
51
Key principels- limited gov seen
Bor guarenttee citizens rights Sops and cb Amendment of givibg states power
52
Limited gov sucess
Trump v vance 2020
53
Limited gov failure
Depsipte biden recognise his eviction moratorium likely to be ruled unconstitio still attempted
54
Sops where seen
Article 123 Ineligibility clause in article 1 only be in one branch at a time
55
Sops sucess
Vp harris left seat in senate take role in exec
56
Sope failure
Paris climate agreement not ptut before senate even though in and ouot
57
Cb where seen
123
58
Cb sucess
Biden tried to pass build back better plan- get rescue pllan 2021 and jobs plan inc infrastictyure investment and jobs plan
59
Cb failure
Biden first 100 days, 84 exec order overturn trump
60
Federalism where seen
10th ammendment protect states rights Sc arbitrator betwene fed and state gov Need for state approval in ammendment rpocess Equal rep of states in senate
61
Def scuess
2021- 19 states passed laws restict voting 28 to expand, power to control how elections are run belonh in article 1 of us constitution
62
Federalism failure
Sc ruling binding on states obergefell
63
Rational similrities constition and fed
Individ state and devolved gov fight for own power over fed/central gov to create policies for their region
64
Rational diff for constitiona nd fed
Us citizens used to proetct rights, bor, uk less so but do have hra Sops and cb greater uin us, less acess points
65
Cultural similarities constitution and federalism
History explains why- us violent uprisning condified, uk relatively not so flexibile Flexibility both- cultural accpetabce, uk no pressure codifid , us accepts and uses sc to update
66
Cultural differences constition and federalism
Cultural expection of rights protection higher in usa than uk- soverigenty
67
structural diff constitution and fed
Diff ammendment process Location of socveignty Codifiecation
68
Sops- us v uk
Clear 3 branches Neustradt seperate inistitutions sharing power Sc 2005 increasingly but exec and legislatyure fused
69
Cb- us v uk
Clear chekcs, scrutiny increased but gridlock Exec majority party, minimal gridlock but q effectiveness of scrutiny
70
Protection of rights us v uk
Bor and ammendments fully entrenched bor Sc can rule on Hra but lack soveriegnty sc- minimal extent to which rights can be protected as gov can overrule
71
Comparitive sources of constitution
Usa- written 1787 plus 27 ammendments and sc rulings Unwwritten- conventions interpreted, article ii not refer to cabinet even though every president since 1789 has had a cabinet Uk- written- statute law, soveirgty palriament, authroitiive wokr s(bagehot), eu treaties Unwritten- conventtion- more important. Royal assent, pm chosen
72
Principles of constitution comparative
Usa- ff- limited gov, sops, cand b, bipartisanship fed Uk- fused powers, sovereignty parliament limits truley effecteive cand b, devolutioin yet uk remains unitary gov
73
Flexibility comparative
Usa- ammendment long but has used effectively, sc rulings to Uk- lack of codification v flexible
74
Sovereignty comparative
Usa- constitution soveiegn Uk- parliament soevrigen yet is some elsewhere with devolution or hra
75
Federal taxation system
Tax also set at state level Texas none California 13.3%
76
Federal role in education
No child left tbehind act 2002- major expansion in fed gov role in eduction Mandate states test children annually
77
States autonomy in handling nat crisises
Covid 19 10th ammendment- eahc state govenor have own state response to crisis Democrat calidornia gov newsom first to issue state wide order close buinsesses
78
Federal gov encourach state autonomy in nat crisies
Fed emergency management agency Fed gov hurricaine katrina- 120bn econ relief aid Covid 19- cares act 2020- relief package 2.2 trn designed combat boh public health and econ impact
79
Citizens rights are dictated by federal gov
Since 9/11 Cabinet dpt of homeland security dicttaes how states and cities respond to potential terrorist attacks

6-Politics- Paper 3- USA (16 decks)

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