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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
Q

Reform to constitution needed

A

Yes
Ammendment process formal
Sc
State power and independence

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26
Q

Reform needed yes- formal ammendment process

A

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

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27
Q

Reform not needed- formal ammendment procesa

A

Gun reform not wanted yougov poll 2018= 1/5th
Ensure broad support needed to prevent large states dmoniating- 5 largest states- 37% of population

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28
Q

Reform needed- sc

A

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

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29
Q

Supreme court refrom not needed constition

A

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

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30
Q

Reform needed- federalism

A

States undermined- welfare
Rights for individ removed- dobbs case
Helatdhcare- each state- vaccine rules dangeours as varied so much

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31
Q

Constition reform- fed no

A

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

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32
Q

Federal gov

A

National gov of usa
3 branches- congress, presidents, judiciairy

33
Q

Federalism

A

System of gov in which power and sovereignty are to be shared between fed gov and indivd states

34
Q

Evolution of federalism

A

Dual fed
Co-op fed
Creative fed
New fed

35
Q

Dual fed

A

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
Q

Co-op federalism

A

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
Q

Creative fed

A

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
Q

New fed

A

1970s-2000s
Nixons call
Rugged individualsim
States decide for themselves
Undermine principel of federalism

39
Q

Theorists on federalism - grodzins

A

Dual fed never exist, power fed and state intertiwnes, marble cake

40
Q

Theorists on federalism- walker

A

Rebirth fed in 1990s due to end of cold war and republicans

41
Q

Shannon- theorists on federalism

A

4th stage fed since 1990s states and fed gov compete over funding policies and resources, niether dominates

42
Q

Theorists on federalism- zimmerman

A

Fed gov dominates states
Statutory duty last few decades states have been deprived of a significant portion of reserve powers

43
Q

Etv thta federalism no longer works and states are not soverign

A

Loa no balance struck
Citizens rights
Criminal punishment
Electoral regulation

44
Q

Federalism no longer works and states not soveriegn - citizens rights- yes

A

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
Q

Federalism no longer works and states are not sovereign- citizens rights no

A

Rights of citizens varies betwene states- driving age 14 alaska 16 massachustes, abortion texas 6 weeks, california 24 weeks
Marijuana cole memo

46
Q

Federalism no longer works and states not soveriegn - criminal punishment- yes

A

Sc restrictions on use of death penalty kenney v iowa 2023
Sc final court of appeal

47
Q

Federalism no longer works and states not soveriegn - criminal punishment- no

A

Death penalty- 27 allow, multiple methods none use all
Virginia, iowa, kentucky convicted felon not allowed to vote upon release from prison

48
Q

Federalism no longer works and states not soveriegn - electoral regulation- yes

A

Voting rights extended at national level- lower voting age 18, despite rcae gender
2021- biden published hhogn lewis bill protect voter rights

49
Q

Federalism no longer works and states not soveriegn - no electoral regulation

A

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
Q

Checks on sc by congress

A

-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
Q

Key principels- limited gov seen

A

Bor guarenttee citizens rights
Sops and cb
Amendment of givibg states power

52
Q

Limited gov sucess

A

Trump v vance 2020

53
Q

Limited gov failure

A

Depsipte biden recognise his eviction moratorium likely to be ruled unconstitio still attempted

54
Q

Sops where seen

A

Article 123
Ineligibility clause in article 1 only be in one branch at a time

55
Q

Sops sucess

A

Vp harris left seat in senate take role in exec

56
Q

Sope failure

A

Paris climate agreement not ptut before senate even though in and ouot

57
Q

Cb where seen

A

123

58
Q

Cb sucess

A

Biden tried to pass build back better plan- get rescue pllan 2021 and jobs plan inc infrastictyure investment and jobs plan

59
Q

Cb failure

A

Biden first 100 days, 84 exec order overturn trump

60
Q

Federalism where seen

A

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
Q

Def scuess

A

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
Q

Federalism failure

A

Sc ruling binding on states obergefell

63
Q

Rational similrities constition and fed

A

Individ state and devolved gov fight for own power over fed/central gov to create policies for their region

64
Q

Rational diff for constitiona nd fed

A

Us citizens used to proetct rights, bor, uk less so but do have hra
Sops and cb greater uin us, less acess points

65
Q

Cultural similarities constitution and federalism

A

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
Q

Cultural differences constition and federalism

A

Cultural expection of rights protection higher in usa than uk- soverigenty

67
Q

structural diff constitution and fed

A

Diff ammendment process
Location of socveignty
Codifiecation

68
Q

Sops- us v uk

A

Clear 3 branches
Neustradt seperate inistitutions sharing power

Sc 2005 increasingly but exec and legislatyure fused

69
Q

Cb- us v uk

A

Clear chekcs, scrutiny increased but gridlock

Exec majority party, minimal gridlock but q effectiveness of scrutiny

70
Q

Protection of rights us v uk

A

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
Q

Comparitive sources of constitution

A

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
Q

Principles of constitution comparative

A

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
Q

Flexibility comparative

A

Usa- ammendment long but has used effectively, sc rulings to
Uk- lack of codification v flexible

74
Q

Sovereignty comparative

A

Usa- constitution soveiegn
Uk- parliament soevrigen yet is some elsewhere with devolution or hra

75
Q

Federal taxation system

A

Tax also set at state level
Texas none
California 13.3%

76
Q

Federal role in education

A

No child left tbehind act 2002- major expansion in fed gov role in eduction
Mandate states test children annually

77
Q

States autonomy in handling nat crisises

A

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
Q

Federal gov encourach state autonomy in nat crisies

A

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
Q

Citizens rights are dictated by federal gov

A

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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