Dove- US Constitution Flashcards

1
Q

Origins of Constitution/Early America

A

-1787 war of independence
- New revolutionary America is politically unstable

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2
Q

Name of early constitution

A
  • Article of Confederation (made in secrecy)
    -55 founding farthers ( mainly old white men)
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3
Q

Legislature (what is established)

A
  • All legislative powers shall be vested in a congress of the US which shall consist of a senate and a House of Representatives
    -Two senators from each state
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4
Q

Executive (what is establishes)

A
  • outlines what power the president has
    -Can be removed from office Via impeachment EG Trump 2021
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5
Q

judiciary

A
  • establishes the Supreme Court
    -has final say unless congress gets involved
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6
Q

Does the constitution do a good job- YES

A
  • Can be amended
  • vagueness enables democratic decisions/can be changed slightly
    -comprise between state and fed. gov.
    -gridlock forces extreme scrutiny
    -codified constitution allows for easy access to public +clarity
    -entrenched nature (stops tyrannical leaders from abusing power)
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7
Q

Does the constitution do a good job- NO

A
  • codified= tough to amend = gridlock
    -vaugeness has led to civil war + the intended meaning of F.F can get lost
    -initially fails to mention slavery or rights
    -weak on representative democracy
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8
Q

how many articles are there in the constitution and what are the first 3

A

-7
-congress, executive, judiciary

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9
Q

why did the founding fathers decide of separation of powers

A

-to limit the ability of one branch to dominate each other
-deter the emergence of a monarch like figure
-protect federalism
-allows checks and balances

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10
Q

what happened in 1807 regarding the supreme court

A

-gave itself the ability of judicial review to enable it to strike down primary legisation

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11
Q

Marbury V Madison case 1803

A

-established the judicial review, the constitution didn’t allow the Supreme Court to have judicial review
-mabury didn’t get his job as promised by the presiden
-court sided with the president that he didn’t have to give him his job as it was un constitutional
- it shows the supreme court can decide if something is unconstitutional or not

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12
Q

what are the interactions between the executive branch and the judicial branch + visa versa

A

-executive branch has the power to appoint judges and pardon power
-judicial branch can declare presidential acts unconstitutional

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13
Q

what are the interactions between the judicial branch and legislative branch +visa versa

A

-judicial branch can declare laws unconstitutional
-legislative branch approves federal judges

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14
Q

what are the interactions between the legislative branch and executive branch + visa versa

A

-legislative branch can impeach president and override vetoes with 2/3 vote
-executive can veto bills

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15
Q

bill of rights 1791

A

-first 10 amendments
-EG right to fair trial, right to bear arms, quartering of soldiers, free speech

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16
Q

issues with the constitution

A

-inconsistent: EG ( cali state laws allow canibis, federal law states its illegal// guns ok in Montana but not in other states)
-vagueness: constitution doesn’t make the extent of federal power clear
-entrenched ( cannot be amended easily in times of crisis)

17
Q

positives about the constituion

A

-constitution does tie the states together ( unifying document)
-constitution establishes security
-how constitution balances out state power ( house of rep= larger populated states have a larger voice than small states and 2 equal senators from each state)
-states act act a experimental lab where they can experiment with democratic ideas
-federal gov. built hoover dam ( big infrastructure projects done by federal gov)

18
Q

what is federalism

A

-idea of a umbrella gov, its the main ultimate source of power that overarches smaller state govs

19
Q

how did federalism originate

A

-founding fathers wanted to strengthen the union and make a national gov
-but wanted to keep the states happy by giving them some power

20
Q

how was federalism incorporated into the constitution

A

-10th amendment which gave all powers to “the states and people”
-in the Supreme Court which was to be the umpire between state and federal gov

21
Q

issues with federalism

A

-simultaneous existence of two governments can cause conflict and confusion
-states are forced to accept the federal rulings but don’t necessarily have to enforce them
-state law gives more rights to citizens than federal law

22
Q

amendment process of us constitution

A

-only 27 amendments have succeeded out of 11,000 since the constitution got drafted
- for an amendment to be proposed it has to receive a 2/3 vote of approval in both houses of congress or a request from 2/3 state legislature to call a national convention
-amendment must be ratified by 3/4 of all states

23
Q

similarities between uk and us constitution

A

-both seek to establish the functions of democratic politics and accountable political institutions
-both seek to defend rights and establish how rights are protected
-both evolve overtime to adapt to man democracy

24
Q

differences between uk and us constitution

A

-uncodifided vs codified
-uk is easy to adapt and flexible vs us is rigid