Constitutional Framework Flashcards
Why is US constitution called rigid?
there has only ever been 27 amendments
10 were in the BOR
only 17 since BOR
last amendment was in 1992
How regularly has US constitution been amended?
the constitution has changed in how is it interpreted by the SC
Why do so many proposed amendments fail?
Founding fathers wanted there to be a nationwide support for a bill for it to pass
What are the benefits of a difficult amendment process?
safeguards the USA people from a dictator and an overbearing government
protects and entrenches legal rights
Why does a ‘necessary and proper clause’ give the US constitution flexibility?
this has been called the elastic clause
allows the constitution to be amended to allow the powers exercised (outside of the enumerated powers) to be done so legally
How does judicial interpretation ensure that old document sill applies?
Allows SC to declare that the legislature and the executive have the power to act in the spirit of the consitutio n
Why have some SC justices described the constitution as a living document?
Short and vague
as views change the meaning of the words also changes
14th amendment - not seen as against segregation but is now
Why have unwritten conventions evolved in America even through the nation has a written and codified constitution
right to privacy isnt just defined in the constitution
this is implied in the bill of rights
Why did 13 colonies become frustrated with British rule?
Taxes were taken highly and there was low investment in the states
own currency couldn’t be printed
Boston tea party was one of many anti establishment protests and riots
What are the articles of confederation?
This was the original constitution
this recognised and empowered a congress
This began with a federal experiment
What are the main problems with the articles of confederation?
Disnt seem to have much power
Conflicting trade between the states
no power to collect taxes
no exec or judiciary
Why did shay’s rebellion help lead to a new US constitution/
Men attempted to capture a military holding
catalysed concern over articles of declaration
What happened at the Philadelphia convention in 1787?
State delegates met and produced a new codified constitino
each article formed a different branch of government based, loosely, on the British system
What are the differences between federalists and anti-federalists?
federalists wanted stronger national government
anti federalists wanted a strong state
New Jersey plan wanted equal state repsresntatino but the virginan plan wanted per capita representation
What new branches of govt were created by the new constitution?
Coneticut compromise led to bi-cameral legature
Why was the constitution controversial in some states?
Anti federalists unsure of the powrrs of both the president and the congress
there was no protection of rights
How can a constitutional amendment be proposed?
Stage one- proposed but 2/3 vote in both houses or via a state wide convention in 2/3 state
How are constitutional amendments ratified?q
supermajority state legislatures or special conventions votes to approve the amendedmt
What is the bill of rights and why was it included?
James Madison made the first 10 amendments (10 passed out of 20)
This was done to protect citezens
Notes of 1st Amendement
Freedom, right to petition
Texas V. Johnson: Burning of the flag was allowed
Notes on the 2nd amendemnt
Right to form militia
United States V. Miller Upheld the national firearms act
Notes of the third amendment
Cannot force people to quarter soldiers in their homes
Notes on the forth amendment
requires warrant to search a private house
Notes on the fith amendment
Cannot testify against yourself
cannot be deprived of fair treatment
Notes on the sixth amendment
Right of someone accused of commuting a crime
Miranda Rights
Notes on the sevenths amendment
Right to trial by jury
Notes on the eight amendment
Rights of the acused
cruel and unsual punishment
no excessive fines
Notes on the ninth amendment
reminder that there are rights outside the constitution
Notes on the tenth amendment
all non defined powers in the constition are reserved by the states
Why is there clear separation of powers in the US to the UK?
codified powrs in the USA
checks and balances on powers
Why is power over legalisation divided between the exec and legislative?
Concern over dictators trynarry of the majority
What checks and balances over legislation are there between congress and the SC?
SC can rule any legislation unconstitutional and strike it down
What checks and balances are there over spending?
Congress has the power of the purse and the president issues a budget
What is a presidential pardon and how does this balance the power of the judiciary?
President can ‘un make’ any decision of the judiciary.
On leaving office Biden gave many ‘presumptive pardons’ not listing any crimes
Can Americans hold representatives more accountable in the UK or in the USA?
UK- no vote directly for executive or HOL
US- more votes. Harder to hold on party to account
What checks and balances are there over appointments and dismissals?
President makes nominatio
senate has to approve
congress can impeach
How is influence over foreign policy divided by the constitution?
US president- commander in chief
Numerous presidents can call for action
president negotiates a treaty
Supermajority of senators need to approve a treaty
What are enumerated powers and why are these called delegated powers?
These are powers given to the federal government
these include tax collection and the power to form a currency
What are reserved powers?
Powers not leant to the federal government which are held by the states
What are the concurrent powers?
Powers both state and federal governments can access
What are the prohibited or denied powers?
Powers which a state is not allowed to access.
state governments cannot form a currency or make trade policy
What is established by the supremacy clause?
Federal law supersedes state law
Why is the neceiccary and proper clause also called the elastic clause?
With enough justification loose constructionisits can mould this clause to fit any enumerated power
How did McCulloch v. Maryland demonstrate that the constitution also had ‘implied powers’
This decision was significant because it expanded the scope of federal power by recognizing that Congress has not only the powers expressly listed in the Constitution but also implied powers necessary to carry out those enumerated powers.
What is the commerce clause?
regulate commerce with national and states rights
regulate banking which is an enumerated power
How does the faith and credit clause influence horizontal federalism?
all states should exercise some laws
states must respect laws in other states
What is meant by dual federalism? Why is it also called layer cake federalism?
Federal and state government have no overlap and clearly defined roles.
concurrent powers are clearly seperateed
Why do some states believe that they can nullify federal laws?
states have leant power to federal government but could reverse laws if they are deemed unconstitutional
Why are northern and southern states different/
Different laws regarding enslavement led to an agricultural and rural south and an industrial north
What did the 13th amendment do?
Abolished slaverrty
What did the 14th amendment do?
Gave birthright citizenship
What did the 15th amendment do?
extended franchise to non white men
Missouri compromise
struck down by the SC as unconstitutional
What crisis helped to lead to the great depression?
Huge stock market crash
large duststorms devastating crops
How did the views of the candidates differ at the 1932 presidential election?
Hoover- (Republican) left to states
Roosevelt led to new deal coalition
Why is co-operative federalism also called marble cake federalism?
States have less Clear boundaries on where their powers lie
What did the 16th amendment do?
Power to lower income tax
direct tax
How did the state and federal government co-operate to create jobs?
Spend money on welfare where Rosevelts administration would conduct the investment but the state would implement it
What are the differences between grants-in-aid, matching grants and categorical grants?
Grants in aid is money for nothing
Matching grants is when the state must match the fed
Categorical grants are grants of money often with strings attached
Why did categorical grants greatly improve the influence of the federal government?
gave the federal government influence over spending within the states
How did the SC views on segregation change from the 19th to 20th century?
The sc became more progressive and began to view the const as a living document
Why did th nullification debate remerge at the time of segregation debate?
The SC rejected that the states could ignore a judicial decision if the opposed it
What efforts were made to prevent minorities from voting?
Literacy tests,
Poll tax,
property requirements
What happened to the use of federal grants?
New programs to educate low income and low income families
What are medicare and medicade? Link to federalism?
Medicare- old age program to give healthcare to older pensioners
Medicaid- Heath coverage for families below the poverty line
What are unfunded mandates and why are they contrershal?
impose const on the the state but didn’t devolve funds for it
What period is referred to as coercive federalism and why?
lots of categorical grants shaping the discussion around the powers and actions of the states
Why did the GFS lead to growth in federal power and spending
American recovery and reinvestment act led to spending on inffrastructe and education and also health and welfare
all spending in a co-operation with state governments
Why did the SC rule the expansion of medicaid to be unconstitutional?
because it was lots of money which states had to spend.
in the end medicaid was optional and 27 states did adopt it
What is the individual mandate and why did the Supreme Court uphold it?
The individual mandate is a provision of the Affordable Care Act (ACA), also known as Obamacare, which required most Americans to have health insurance or pay a penalty. The idea was to ensure that more people would be covered by health insurance, which would help spread the risk and lower overall costs.
Why did federal law pre empt state law in US v. Arizona?
constitution is supreme and congress law which is supreme over state laws
This decision reaffirmed the federal government’s authority over immigration law and policy, emphasizing that states cannot enact their own immigration laws that conflict with federal statute
Why don’t the States have to give full faith and credit to same sex marriages?
defence of marriage act
states dont have to recognise marriages in other states
What criticisms were categorical grants received by the 1980’s
by restricting what money can be spent where- are states really helping?
What was the SC’s opinion on them in South Dakota v. Dole?
context- congress restricted funding by 10% if drinking age wasn’t increased
SC ruled this was constitutional
Which president’s first supported a different form of federalism?
Nixon- supporter of new federalism
Regan didndt
Why were revenue sharing programs and block grants examples of devolution?
the unconditioned funding led to a smaller state and the end of the era of big government
What is new federalism?
A style of government were there is a smaller government
What are unfunded mandates? How did congress try to limit them?
Where mandates and laws are put onto states with no accompanying funding
How were welfare programs influenced by new federalism?
aid to families with dependant children
Why could it be said that even the Supreme Court adopted new federalism?
The supreme court didn’t strike down expansion of state govt
Why could it be argued that Bush brought about the end of new federalism?
expanded government through federal government and education and healthcare reform
