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Component 3: USA Gov. and politics > Constitution and Federalism > Flashcards

Constitution and Federalism Flashcards

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1
Q

Describe the 7 articles of the constitution

A

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

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2
Q

What is the Bill of Rights, and the rights outlined in the amendments?

A

First 10 out of 27 amendments to the bill of rights
1791

1 FREEDOM OF expression, religion, speech, assembly etc

  1. right to BEAR ARMS
  2. right to domestic privacy and freedom from intrusion
  3. Freedom from unreasonable searches and seizures of property without warrant
  4. Right to REMAIN SILENT, freedom from self-incrimination, double jeopardy
  5. right to lawyer fair trials, speedy and public
  6. Right to jury trials
  7. freedom from CRUEL AND UNUSUAL punishment
  8. The rights of the people are not limited to the constitution
  9. RESERVED POWERS- all other powers go to the state
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3
Q

List 6 enumerated powers of Congress

A
  1. Passing bills
  2. Control of federal budget (House)
  3. Powers of borrowing money
  4. Ratify treaties (Senate)
  5. Declare war
  6. Confirm and ratify nominations
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4
Q

List implied powers of Congress

A

The necessary and proper clause

Interstate commerce clause

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5
Q

List 6 enumerated powers of the pres.

A
  1. Head of exec. branch
  2. Nominate the judiciary, Cabinet and ambassadors
  3. Propose measures to Congress
  4. Sign treaties
  5. Veto legislation
  6. Grant pardons
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6
Q

What is an implied powers of pres.

A

Commander-in-chief

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7
Q

List enumerated powers of the judiciary

A

Rule on cases arising under the constitution, laws and treaties

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8
Q

What is an implied power of the courts?

A

Judicial review

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9
Q

Why is the vagueness of the constitution sometimes criticised?

A

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

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10
Q

Explain criticisms of the formal amendment process

A

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

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11
Q

Explain advantages of the formal amendment process

A

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

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12
Q

What are the 5 key principles of the constitution?

A 
Federalism 
SoPs
Checks and Balances 
Bipartisanship 
Limited gov.
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13
Q

Explain checks belonging to the legislative branch

A 
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

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14
Q

Explain checks belonging to the executive branch

A

Commander-in-chief
Veto bills
recommend legislation
call specula sessions in Congress

Appoint judges
Grant and reprieve pardons

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15
Q

Explain checks belonging to the judicial branch

A

Interpret laws and declare actions unconstitutional

Strike down laws

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16
Q

Arguments for the constitution upholding representative democracy

A 
House- elected by citizens of each state, proportional, equalising representation 
Census to reapportion 
Frequent elections 
Senators elected 
Vote of 18+, black people and females
17
Q

Arguments against the constitution upholding representative democracy

A

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

18
Q

Arguments for the constitution upholding liberal democracy

A

Rights of all citizens are protected
Free and fair elections are set out in the constitution
SoPs prevent tyranny

19
Q

Arguments against the constitution upholding liberal democracy

A

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

20
Q

List features of the constitution, and their strengths and weakness

A

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

21
Q

Explain the positive impacts of the constitution on the US gov. today

A

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

22
Q

Explain the negative impacts of the constitution on the US gov. today

A

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

23
Q

How does the constitution protect states?

A

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)

24
Q

How is state power eroded?

A

Federal mandates from elections
16th amendment for income tax expanded fed. power
Interstate commerce clause

25
Q

What are some informal amendment processes?

A 
Judicial review 
Conventions 
Congressional legislation 
Pres. actions (eg declare war vs commander-in-chief)
Increase of gov. size
26
Q

What are the different types of federalism?

A

Dual federalism (layer cake) focuses on state rights- is ideal

Co-operative federalism- after wall-street crash, not supported by cons., sudden large gov. spending

Creative federalism- high welfare spending and government programmes eg on poverty, 1964 Equal Opportunity Act

New Federalism

Component 3: USA Gov. and politics (6 decks)

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