Constitution USA Flashcards
What is the US equivalent of Parliamentary sovereignty?
Constitutional sovereignty
Number of words, articles and amendments of constitution
7,000, 7, 27
How was limited government brought about by the FF in the constitution?
Separation of powers of Montesquieu (1748), federalism, Bill of Rights
Example of separation of powers in terms of roles
Barack Obama and John Kerry leaving Senate on becoming President/Secretary of State
Richard Neustadt on separation of powers
Instead proposing ‘separate institutions sharing powers’ ie working together
Example of VC power in Senate
2017 Mike Pence using it to split tie on confirmation of Betsey DeVos for Secretary for Education
Number of G. W. Bush vetoes overridden by Congress
4 out of 11
Case which discovered power of judicial review
1803 Marbury v Madison, laws could then be found unconstitutional
Example of criticism of divided government
2013 October government shutdown
2 examples of failed amendments
Balanced budget amendment of Gringrich never passing Congress and equal rights amendment not supported by enough states
What was the 17th Amendment?
1913, direct elections to Senate
Use of state conventions for amendments
21st Amendment of 1933
1909 Chief Justice Hughes
‘We are under a Constitution, but the Constitution is what the judges say it is
Example of flexible constitution with judiciary
Expanding powers of the President in 1930s being allowed through judicial precedents
Executive example of convention
Cabinet and EXOP and federal bureaucracy, no power coming from Constitution
Congressional example of convention
Power of congressional committees over bills
Judicial example of convention
Judicial review, power not derived from Constitution
3 types of constitutional change
Formal process of Article 5, SC changes, developing conventions
Strengths of constitution
Avoids whims of a temporary elective dictatorship removing individual’s liberties through institutions such as an independent Supreme Court, with some flexibility and general US public support
Weaknesses of constitution in terms of judiciary and change
SC judges given too much power, but also inability to change for times such as with Second Amendment
Weaknesses of Constitution in terms of executive and congress
Not enough restraint on federal government over states, divided government leads to gridlock, 2 year terms leads to constant campaigning and increased costs
When were the Articles of Confederation in effect?
1781-88
Another name for federalism
Dual sovereignty
What are the states built around in terms of institutions?
State constitution, governor, bicameral House and Senate apart from unicameral in Nebraska, and a SC
Madison quote supporting federalism
Avoids ‘the danger of too much power in too few hands’
3 parts of Constitution supporting federalism
Equal state representation in Senate, 3/4 for amendments to pass, and 10th Amendment protection of reserved powers such as electoral law
What are the enumerated and inherent powers in the Constitution?
Enumerated are those outlined to Congress in the 1st Article of the Constitution (ability to legislate on defence, currency…). Inherent are those such as foreign policy and war which naturally fall to the federal government
What are the implied powers given in the Constitution?
Congress’ ability to make laws which are ‘necessary and proper’ to provide for the ‘general welfare’ of citizens - not clearly outlined but implied, made Obamacare constitutional even though healthcare is not totally outlined in the 1st Article
What was McCulloch v Maryland deciding on?
1819 case putting federal law above state law, in this case about the ‘necessary and proper’ clause of the issue of a federal bank
What was the 16th Amendment?
1913, allowed a federal income tax to be levied across all states overturning Pollock v Farmer’s Loan and Trust Co. 1895
What are concurrent powers?
Those shared by both state and federal government like taxation
How did cooperative federalism work?
Federal government would help the states with the new larger demands placed on them such as those during the Great Depression. During the 60s this turned to become abused by the federal government as this aid was only then given with string attached by LBJ
2 ideas behind New Federalism
‘Getting government off the backs of people’ and the ‘era of big government is over’
How did Bush Jnr change federalism?
He aimed for less intervention as a previous governor, but as the issues such as Katrina became more prevalent he was forced to step in
How did Obama change federalism?
Back to cooperative federalism, with a third of the $787 billion spending package being given to states but federally directed
What are the 4 stages of federalism?
Dual, cooperative, new and modern
Why does federalism create better Presidents?
The candidates have greater experience in government rather than merely in opposition, such as Mitt Romney as a governor for Massachusetts
2 examples of states as laboratories
California 2013 Carbon Cap and Trade policy tested and furthered in 2017 with regulations, as were education vouchers used since 1990 in Wisconsin with 15,000 on the system by 2011
What are the disadvantages of federalism?
Gridlock/disagreement like on Brown, therefore confusion and lack of cohesion as many laws, and inequalities which only federal government can fix, as well as democratic overload
4 examples of state differences
32 states with death penalty, open/closed primaries, local sales tax such as not in New Hampshire, and gambling laws
Example of 1st amendment upheld with Super PACs
Citizens United v FEC in 2010
Difference between rights in UK and USA
‘Inalienable rights’ of Jefferson upheld in Constitution, while Bill of Rights of UK since 1668 can be overturned in Parliament
Example of 2nd Amendment upheld
2009 DC V Heller which overturned Washington DC law which had forced individuals to keep their firearms ‘unloaded and disassembled or bound by a trigger lock’
What is the 3rd Amendment?
Revoking military quartering inside private property
What is the 4th Amendment?
Protects individuals from ‘unreasonable search and seizures’ of persons or property
What is the 5th Amendment?
‘Due process’ clause, no deprivation of life, liberty or property without due process of the law - protects silence as well
What is the 6th Amendment?
Rights of those standing trial (impartial jury) and against arbitrary arrests and imprisonment, used to fight case for Guantanamo Bay inmates
What is the 7th Amendment?
In civil law cases over £20 have to have a jury
Use of 8th Amendment
Banning ‘cruel and unusual punishment’ in terms of death penalty for only over 18 year olds (Roper v Simmons 2005)
What is the 9th Amendment?
Other rights not in the Constitution also exist and must be upheld as well, used in privacy cases such as Roe V Wade
What is the 10th Amendment?
Reserved powers of states, or the people, are covered in those not mentioned in the Constitution or ‘prohibited to it by the States’
Key text in 14th Amendment?
Due process and ‘equal protection of the law’
War time examples of Constitution rights being ignored
Japanese American internment without trial and Guantanamo Bay without ‘due process of law’ and also Patriot Act legalizing wiretapping and electronic surveillance
When was the Constitution written?
1787
What was the Connecticut Compromise?
1787 Great Compromise where the idea of House for people and Senate for states was agreed
What general powers were given to Congress in Article I?
‘General welfare of the United States’ and ‘necessary and proper laws’
How many states petitioned for a constitutional convention in 1992 and on what?
32 (2 under the required 2/3rds) on a balanced budget amendment
What happened with proposed amendments in the 90s?
Flag burning and balanced budgets passed the House, but not Senate
How many states supported the equal rights amendment in 1979?
35, 3 under the requirement
Who coined the term layer/marble-cake federalism?
Martin Grodzin
When was the Department of Defense set up?
1949
When were the Heath, Education and Welfare Departments set up?
1953
When was HUD and Department for Transport set up?
1965 and 1966
During Clinton’s era, how much money was spent on the states each year and how much of this was in categorical grants?
$200bn and 90%
Between 1976-2000 what proportion of Presidents were outsiders?
4/5
Example of distrust of Congress in 90s?
Term limits on Congress members so they don’t become too engrained in the culture
Which amendment made Senators chosen electorally?
17th
Term to describe changes in constitution due to SC
Interpretive amendments
How did prohibition change the beliefs on amendments?
A realization of their power and decline as a result
What did Finer say about the relationship between the legislature and executive in 1970?
Like two halves of a bank note - each useless without the other
How can the President have power over the legislature in terms of proposing bills?
State of the Union, such as with Bush in 2002 and his war on terror
How many people did Clinton pardon on his final day, and who was particularly spicy?
140 people, including Mark Rich, a tax fugitive
Number of veto overrides for Clinton and example of one
2, including 1995 Securities Bill
Example of de jure power of veto override
Trump not vetoing increased Russian sanctions
Example of legislative power on President in terms of war
1991 Bush received Congress authorization for Operation Desert Storm
10th Amendment on remaining powers
Are reserved to the states and to the people
Example of state responsibility
Returning fugitives to their state
2 New Federalism spending ideas and examples
Block funding (450 up to 700 1980-2001) and revenue sharing (1972-1986 where federal taxes were given to states)
Example of SC limiting federal power
1995 US v Lopez which deeming unconstitutional Gun-Free School Zones Act of 1990 as it was not about interstate commerce but too much about the states
Example of SC expanding powers of states
1989 Webster v Reproductive Health Services, upholding a Missouri law thought to be in violation of Roe, giving states more power to legislate on abortion
Key to answering federalism questions
Mention enumerated/inherent/reserved/concurrent powers and the history and different types of federalism
What did the 21st amendment use to ratify?
State Constitutional Convention (a National one is used for proposing amendments)
3 important parts of 14th Amendment
Privileges and immunities clause (these cannot be denied to Americans), due process (limiting state ability to take away rights) and equal protection
Most irritating issue for states due to federal government
Unfunded mandates such as Americans with Disabilities Act 1990 with no money for such state programmes
Term for Congress control of state government through standards and regulations
Regulated federalism
Word for supremacy clause
Preemption
Example of horizontal federalism
New Hampshire removing sales tax to attract business
Explain rule making in federal bureaucracy
Rules put on Federal Register, then since Negotiated Rulemaking Act of 1990 those affected can change it before it comes into force, avoids suing
