Constitution and Federalism Flashcards
Describe the 7 articles of the constitution
The first four describes the enumerated powers belonging to the institutions: Congress, Pres., SC, states
Article V outlines the amendments process
VI- the ‘Supremacy Clause’ established the constitution as the highest law in the land
VII- outlines the ratification process
What is the Bill of Rights, and the rights outlined in the amendments?
First 10 out of 27 amendments to the bill of rights
1791
1 FREEDOM OF expression, religion, speech, assembly etc
- right to BEAR ARMS
- right to domestic privacy and freedom from intrusion
- Freedom from unreasonable searches and seizures of property without warrant
- Right to REMAIN SILENT, freedom from self-incrimination, double jeopardy
- right to lawyer fair trials, speedy and public
- Right to jury trials
- freedom from CRUEL AND UNUSUAL punishment
- The rights of the people are not limited to the constitution
- RESERVED POWERS- all other powers go to the state
List 6 enumerated powers of Congress
- Passing bills
- Control of federal budget (House)
- Powers of borrowing money
- Ratify treaties (Senate)
- Declare war
- Confirm and ratify nominations
List implied powers of Congress
The necessary and proper clause
Interstate commerce clause
List 6 enumerated powers of the pres.
- Head of exec. branch
- Nominate the judiciary, Cabinet and ambassadors
- Propose measures to Congress
- Sign treaties
- Veto legislation
- Grant pardons
What is an implied powers of pres.
Commander-in-chief
List enumerated powers of the judiciary
Rule on cases arising under the constitution, laws and treaties
What is an implied power of the courts?
Judicial review
Why is the vagueness of the constitution sometimes criticised?
It undermines its authority as it can be so loosely interpreted
It gives large amounts of power to the SC
It creates too much conflict and prevents effective function of the branches
Explain criticisms of the formal amendment process
Difficult to remove outdated ideas, and incorporate new ones
Only 13 states are necessary to block, which isn’t democratic
Gives the SC extensive power
Explain advantages of the formal amendment process
Protects key principles of the political process
Upholds federalism
Prevents abuse of power and ill-thought out amendments
There is still slow and gradual, calculated change
What are the 5 key principles of the constitution?
Federalism SoPs Checks and Balances Bipartisanship Limited gov.
Explain checks belonging to the legislative branch
Override presidential veto Control appointments Ratify treaties Declare war Impeach and remove pres.
Refuse judicial appointments
Authority to impeach judge
Can create lower courts
Can propose constitutional amendments to override SC rulings
Explain checks belonging to the executive branch
Commander-in-chief
Veto bills
recommend legislation
call specula sessions in Congress
Appoint judges
Grant and reprieve pardons
Explain checks belonging to the judicial branch
Interpret laws and declare actions unconstitutional
Strike down laws
Arguments for the constitution upholding representative democracy
House- elected by citizens of each state, proportional, equalising representation Census to reapportion Frequent elections Senators elected Vote of 18+, black people and females
Arguments against the constitution upholding representative democracy
Senators were unelected till 1913
Level of representation varies across states eg Senators, but also by having a minimum of 1 rep per state for House
Electoral college limits public’s impact
Arguments for the constitution upholding liberal democracy
Rights of all citizens are protected
Free and fair elections are set out in the constitution
SoPs prevent tyranny
Arguments against the constitution upholding liberal democracy
Supermajorities can lead to tyranny of the majority
Eg women and minority groups have rights restricted
SC cannot enforce laws to protect minorities
Wide variation in the way states hold elections
List features of the constitution, and their strengths and weakness
CODIFIED
-Rigid, outdate, irrelevant
+clear, judicable, prevent tyranny
VAGUE
-Branches expand power
+ Reinterpreted and overcomes need for formal amendments
AMENDABLE
-Slow, ignores minorities, outdated
+ Can be updated and response to wishes of the people
SoPs
-Leads to gridlock, gov. cannot function therefore undermined
+ Clear enumerated powers, guaranteed checks, gov is limited and scrutinised
FEDERAL
-SC and federal policy has eroded state powers, began to protect individuals more than the state overall eg gay rights, increased populations
+ 10th amendment upholds federalism, protects rights and diversity in states
Explain the positive impacts of the constitution on the US gov. today
Frequent elections and SoPs means highly representative
Each branch has explicit irremovable powers, meaning each branch is always relevant
Judicial review settles disagreements
Majority interests are upheld
Explain the negative impacts of the constitution on the US gov. today
SoPs causes gridlock
Sovereignty is shared due to federalism, decreases power to fed. gov.
Judicial review means views stall progress, even if they affect as small number of people
Vagueness means loopholes are exploited
How does the constitution protect states?
Denies powers to Congress- interstate commerce clause, states can handle internal commerce freely, fed. gov. is restricted on gun policy due to 2nd amendment
The 10th amendment gives the states significant power, and can use the SC to get laws overturned
States are a necessary part of the amendment process
Smaller states can protect political influence (eg have representation through election process)
How is state power eroded?
Federal mandates from elections
16th amendment for income tax expanded fed. power
Interstate commerce clause
