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POLITICS A-LEVEL > EOTT - Con and Fed > Flashcards

EOTT - Con and Fed Flashcards

1
Q

What are the features of the constitution?

A
  • Specificity
  • Vagueness
  • Codification
  • Entrenchment
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2
Q

Explain a feature of the constitution?

Specificity

A

Some of the powers the Constitution gives, especially to Congress, are very specific such as the power ‘to collect taxes’ (Article 1) and the power ‘to coin money’ (Article 1)

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3
Q

Explain a feature of the constitution?

Vagueness

A

Ratified in 1789. Only 7,000 words (very short), therefore vague in places. Such as the power of Congress ‘to provide for the common defence and the general welfare of the United States (Article 1) and the power of Congress ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. (Article 1)

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4
Q

Explain a feature of the constitution?

Codification

A

The codified document is divided into seven articles, with the subsequent addition of 27 amendments, and outlines the powers of each branch of government. Some of the powers given to federal government are explicit within the Constitution, while some powers exercised by government today are as a result of the vague nature of the Constitution.

  • Enumerated powers
  • Implied powers
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5
Q

What are enumerated powers?

A

Enumerated powers are powers delegated to the federal government-generally those enumerated in the first three Articles of the Constitution. For example: the Vice -President is also president of the Senate and has the casting vote in the event of a tied vote. Kamala Harris currently has the tied vote as the parties are tied 50-50 in the Senate.

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6
Q

What are implied powers?

A

Implied powers are those which are taken and exercised by a branch of government without it having been given this power explicitly: for example, the ‘necessary and proper clause’, which allows Congress far greater scope over what laws it may pass.

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7
Q

Explain a feature of the constitution?

Entrenchment

A

The US Constitution is entrenched, i.e., it cannot be easily changed (requires a two-thirds majority in Congress and support from three quarters of the states). Hence only 27 in over 200 years.

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8
Q

What are the powers of the US branches of government?

Where?

A

The first three articles of the Constitution outline the enumerated powers of the three branches

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9
Q

What are the powers of the US branches of government?

Congress

A
  • all legislative power
  • power to lay and collect taxes
  • regulate commerce; coin money
  • declare war
  • veto override
  • impeachment
  • investigation
  • ratifying treaties and appointments
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10
Q

What are the powers of the US branches of government?

President

A
  • recommend legislation
  • sign or veto legislation
  • commander-in-chief
  • nomination of judges
  • power of pardon
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11
Q

What are the powers of the US branches of government?

Supreme Court

A
  • judicial power
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12
Q

What are the powers of the US branches of government?

Why?

A

In separating the powers out in this way and allowing each branch the power to check the actions of the others, the US Constitution should ensure that no one branch of the government becomes too powerful.

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13
Q

How many ways of the Amendment Process

A

2

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14
Q

What are the two ways of the Amendement Process?

A

i. Main way: Two-thirds of both Houses of Congress agree to propose an amendment. Three-quarters of state legislatures ratify the amendment.
ii. Two-thirds of states call a national constitutional convention, which proposes an amendment. Three-quarters of states hold state constitutional conventions and vote to ratify the amendment.

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15
Q

How many amendments have there been to the US Constitution?

A

There have been 27 amendments to the US Constitution e.g.

i. The Bill of Rights (1st-10th), which protects freedoms such as speech, religion and assembly, freedom from cruel and unusual punishment.

ii. The Civil War amendments (13th-15th), which ensure that recently freed slaves will be treated equally under the Constitution.

iii. The 18th and 21st, which respectively ban and then allow the production and sale of alcohol.

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16
Q

What are the advantages of the Amendment Process?

A
  • The requirement for supermajorities ensures the broad support of the US population for any amendment.
  • It protects the Constitution from being changed by a short-lived popular opinion.
  • It prevents tyranny – of the larger states over the small by valuing each state equally in the process, and of the federal government by requiring state approval.
  • It works – there have been amendments to the Constitution.
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17
Q

What are the disadvantages to the Amendment Process?

A
  • The requirement for the supermajority makes it very difficult to pass any amendments, meaning the constitution may become outdated.
  • The requirement for supermajorities makes it possible to ignore minority interests, e.g., hard to implement gun control.
  • Mistakes have been make – the 18th Amendment, later repealed by the 21st Amendment shows the process is not rigorous enough.
  • It is possible for a small number of states to prevent an amendment passing, even if it is supported by a majority of the US population.
  • The difficulty of formal amendment enhances the power of the un-elected Supreme Court to make interpretative amendments.
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18
Q

What are the principles of the US Constitution?

A
  1. Federalism
  2. Separation of powers and checks and balances
  3. Bipartisanship
  4. Limited government
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19
Q

What are the principles of the US Constitution?

Federalism

A
  1. Federalism is the sharing of sovereignty between two levels of government (federal or national government and state governments)
  2. How the Constitution protects the power of the states and federal government

Protecting the power of states
- 10th Amendment
- The states control the running of elections
- Frequent, staggered election cycle
- States appoint their senators

Protecting the power of federal government
- Enumerated powers in Articles I, II and III
- Implied powers such as the ‘elastic clause’
- The power to raise tax so federal government would be funded.

  1. The powers of federal government are enumerated in the Constitution, any powers that are not listed here were expected to be carried out by the state governments. The addition of the 10th Amendment in 1791 made this expectation clear:
    “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  2. In the event of disagreement between the federal and state governments over the exercise of these powers, the Supreme Court would decide.
  3. Federalism can also be seen in the requirement for both national and state level approval for amendments to the Constitution and in giving the states the power to choose their own two senators.
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20
Q

What are the principles of the US Constitution?

Separation of powers

A
  1. To avoid tyranny, the Founding Fathers applied the principle of separation of powers i.e., each of the three branches of government must remain completely independent of the others, be selected by different processes and no one is allowed to be a member of more than one branch e.g., President Obama and Vice-President Biden, had to resign their seat in the Senate to take up their posts after the 2008 election as did Vice-President Harris (California) following her election in 2020.
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21
Q

What are the principles of the US Constitution?

Checks and balances

A
  1. The Founding Fathers also gave each branch the ability to limit the actions of another branch. This would ensure no one branch became dominant over the others. This is known as checks and balances, of which the key examples are as follows:
    Checks by Congress and Checks by the President
    * Checks by Congress
     Override the presidential veto by a two-thirds vote in both Houses of Congress, National Defence Authorization Act for 2021 (2020, Trump)
     Amend /delay/reject legislative proposals-American Healthcare Act (2017) Trump’s attempt to repeal and replace ‘Obamacare’.
     ‘Power of the purse’ – Congress, as the representatives of the taxpayers, controls the budget and therefore any money that the president is allocated.
     The Senate can ratify or reject treaties and appointments (to federal offices or courts) put to them by the president, Convention on the Rights of Persons with Disabilities, (2012, Obama) John G. Tower, Defence Secretary nominee, rejected 53-47, 1989, George H. W. Bush (41) Neera Tanden withdrew her nomination as Director of Management and Budget under President Joseph R. Biden Jnr, in 2021 due to a lack of support in the Senate for her confirmation as DOMB (March, 2021)

 Congress can impeach the president for ‘treason, bribery, or other high crimes and misdemeanours’ (Trump 2019 & 2021, Impeached by House of Representatives, found not guilty by Senate). As of October 2023, the Republican led House of Representatives are looking into the possibility of investigating President Biden over his links to his son’s Hunter’s business activities.

NB the effectiveness of checks and balances changes over time depending on a range of factors, such as divided government or approval ratings. Avoid simply stating that the system ‘works’ or ‘does not work’.

22
Q

What are the principles of the US Constitution?

Checks and balances

A
  1. The Founding Fathers also gave each branch the ability to limit the actions of another branch. This would ensure no one branch became dominant over the others. This is known as checks and balances, of which the key examples are as follows:
    Checks by Congress and Checks by the President

NB the effectiveness of checks and balances changes over time depending on a range of factors, such as divided government or approval ratings. Avoid simply stating that the system ‘works’ or ‘does not work’.

23
Q

What are the principles of the US Constitution?

Checks and balances:
Checks by Congress

A

Override the presidential veto by a two-thirds vote in both Houses of Congress, National Defence Authorization Act for 2021 (2020, Trump)

Amend /delay/reject legislative proposals-American Healthcare Act (2017) Trump’s attempt to repeal and replace ‘Obamacare’.

‘Power of the purse’ – Congress, as the representatives of the taxpayers, controls the budget and therefore any money that the president is allocated.

The Senate can ratify or reject treaties and appointments (to federal offices or courts) put to them by the president
- Convention on the Rights of Persons with Disabilities, (2012, Obama)
- John G. Tower, Defence Secretary nominee, rejected 53-47, 1989, George H. W. Bush (41)
- Neera Tanden withdrew her nomination as Director of Management and Budget under President Joseph R. Biden Jnr, in 2021 due to a lack of support in the Senate for her confirmation as DOMB (March, 2021)

Congress can impeach the president for ‘treason, bribery, or other high crimes and misdemeanours’
- (Trump 2019 & 2021, Impeached by House of Representatives, found not guilty by Senate).
- As of October 2023, the Republican led House of Representatives are looking into the possibility of investigating President Biden over his links to his son’s Hunter’s business activities.

24
Q

What are the principles of the US Constitution?

Checks and balances:
Checks by the president

A

Veto legislation from Congress i.e., Iran War Powers Resolution (Trump, 2020)

Recommend legislation to Congress at the State of the Union address

Power of pardon
- (Steve Bannon, former advisor to President Donald J. Trump, Bernard Kerik former New York Police Commissioner, Trump 2020)

Power of Commutation of sentences (Roger Stone, political consultant, Trump confidant, Trump 2020)

Nomination of federal officers and Supreme Court judges (Amy Cony-Barrett, Oct 2020, Trump)

25
Q

What are the principles of the US Constitution?

Checks and balances:
Checks by Congress of the Supreme Court/federal courts

A

Propose Constitutional amendments -proposed Federal Marriage Amendment (2015)

Refuse to approve appointments-Merrick Garland to the Supreme Court, (2016) Garland is now US Attorney-General under President Biden.

26
Q

What are the principles of the US Constitution?

Checks and balances:
Checks by the federal courts on Congress

A

Declare law unconstitutional-Defence of Marriage Act (1996) in 2013

27
Q

What are the principles of the US Constitution?

Checks and balances:
Checks by the federal courts on the president

A

Declare actions unconstitutional-Declared unconstitutional President Trump’s claims that he did not have to comply with a subpoena from as New York district attorney seeking information on Trump’s personal and business financial dealings (2020)

28
Q

What are the principles of the US Constitution?

Checks and balances:

Checks by Congress of the Supreme Court/federal courts

A

Propose Constitutional amendments -proposed Federal Marriage Amendment (2015)

Refuse to approve appointments-Merrick Garland to the Supreme Court, (2016) Garland is now US Attorney-General under President Biden.

29
Q

What are the principles of the US Constitution?

Bipartisanship

A

Bipartisanship is when two opposing parties work together to achieve one policy or initiative. The Constitution allows for different groups to control different branches, but forces them to work together. While the word ‘bipartisanship’ does not appear in the Constitution, the concept is evident in a number of ways.

  1. The staggered election cycle with the House of Representatives elected every 2 years, the president every 4 years and the Senate every 6 years (although one-third of senators are re-elected every 2 years), means a different party could control each branch of government and forces representatives to be frequently accountable to their constituents.
  2. Supermajorities are required in some circumstances, such as for constitutional amendments and to override the presidential veto; this requires party cooperation.
  3. The checks and balances written in the Constitution mean that in order to achieve anything, the different branches of government must work together.
30
Q

What are the principles of the US Constitution?

Limited government

A

Limited government is a government which is subject to limitations on its actions and powers.

  1. Like ‘federalism’, the phrase ‘limited government’ does not appear in the Constitution. Throughout the constitution, however, there are requirements which stop the government from acting how it wishes – they limit what the government can do.
  2. The most obvious limits on the federal government are the systems of separation of powers and checks and balances, which limits the actions that each branch can take. In addition, the Bill of Rights (1st-10th Amendments) was ratified in 1791 to protect the basic freedoms of citizens, including other freedoms that might not be explicitly laid out in the constitution (in the 9th Amendment).
31
Q

What are the main characteristics of us federalism?

i.e. the nature of the federal system of government and its relationship with the states.

A
  1. The interpretation of the Constitution in the years following its ratification established the increasing federal government supremacy over the states
  2. The relationship between federal government and state governments has changed over time
  3. Federalism today
32
Q

What are the main characteristics of us federalism?

  1. The interpretation of the Constitution in the years following its ratification established the increasing federal government supremacy over the states
A

(i) Fletcher v Peck (1810) established precedent allowing the Supreme Court (federal government) to strike down state laws.

(ii) McCulloch v Maryland (1819) established precedent that states could not prevent federal government from using its constitutional powers.

(iii) Gibbons v Ogden (1824) established that Congress could control trade between the states, using the ‘commerce clause’ of the Constitution.

33
Q

What are the main characteristics of us federalism?

  1. The relationship between federal government and state governments has changed over time
A

Dual federalism (1787-1930s)
Cooperative federalism (1930s-1960s)
New federalism (1960s onwards)
Under Obama
Under Trump

34
Q

What is dual federalism?

A

(1787-1930s)

State and federal governments exercised a roughly equal amount of power but in completely separate areas.
While a federal government did challenge states at times, the emphasis during this period was on states running their own domestic affairs.

35
Q

What is cooperative federalism?

A

(1930s-1960s)

The division between state and federal responsibility became blurred.
Federal government grew larger in response to events such as the Great Depression and the Second World War, taking on some policy areas previously controlled by states.

36
Q

What is New federalism?

A

(1960s onwards)

Attempts (largely unsuccessful) to try and return some of the powers taken by federal government to the states.

(iv) Examples such as the legal status of marijuana (illegal in Federal law, but legal in 8 states including California for recreational use) demonstrate the blurred lines between state and federal power today; both retain some power but both equally have influence (if not actual power) over the other.

37
Q

Describe the relationship between federal government and state governments under Obama

A

The Obama administration often blurred the lines between the responsibilities of states and federal government. However, like new federalism, there are areas where the administration built within this a protection for individual states’ rights, e.g.

  • Obamacare made it mandatory for states to provide ‘healthcare exchanges’, from which citizens could purchase healthcare insurance. However, the details on how these exchanges were to be set up and run were largely left for each state to decide. Additionally, the federal government would cover most of the additional cost of this expansion, therefore not burdening the states with this cost.
  • Re-authorisation of the State Children’s Health Insurance Program (S-CHIP) (2009)
  • The expansion of Medicaid (health insurance for the poor)
  • The Recovery Act was a $787 billion stimulus package following the 2008 recession. One-third of this was given to state governments, more than any previous such bill.
  • The Supreme Court protect states’ power in some areas (gun control) and federal government power in others (Obamacare, gay marriage).
38
Q

Describe the relationship between federal government and state governments under Trump

A

Republican presidents have traditionally sought to shrink the size and scope of the federal government. Although Trump generally agreed with that policy, there were times when he attempted to make the states subservient to the federal government, but mostly in ways that specifically increased the power of the president e.g.

  • Tried to end lockdowns during the Covid-19 pandemic
  • policies towards illegal immigrants and ‘sanctuary cities’
  • use the national guard and federal troops during the ‘Black Lives Matter’ protests of May-June 2020, following the murder of George Floyd by a Minnesota police officer.
39
Q

What are the main characteristics of us federalism?

  1. Federalism today
A
  • Federal government controls foreign policy, including war and treaties.
  • The use of the ‘commerce clause’ in the Constitution has allowed federal government greater control over the states in domestic policy.
  • The Supreme Court has power to change or uphold state laws.
  • The nature of US federalism has led to an incredibly complex legal and tax system, with punishments, taxes and public policy varying considerably between states.
  • The size of the USA, geographically and in terms of population, means that states retain considerable control over the daily lives of citizens.
40
Q

Interpretations and debates around the US Constitution and federalism

A
  1. The extent of democracy within the US Constitution
  2. Impact on the US government today
  3. Is the US still federal today?
41
Q

Interpretations and debates around the US Constitution and federalism

  1. The extent of democracy within the US Constitution

Types of democracy

A

Before judging the extent of democracy within the Constitution, it is important to understand different types of democracy, i.e.
* Liberal democracy – in which protection of rights, is of paramount importance.
* Representative democracy – in which people elect officials to represent them (NB as representatives not delegates - Burkean democracy).

42
Q

Interpretations and debates around the US Constitution and federalism

  1. The extent of democracy within the US Constitution

Liberal democracy

YES

A
  • Key rights are protected by the Constitution for all citizens – the 1st Amendment alone protects free speech, press, assembly and religion.
  • The Constitution sets out the rules for elections, the frequent election cycle of every 2 years allows for a high level of accountability.
  • The separation of powers should protect rights and prevent tyranny of the government – the Supreme Court has struck down state and federal law to protect gay rights.
43
Q

Interpretations and debates around the US Constitution and federalism

  1. The extent of democracy within the US Constitution

Liberal democracy

NO

A
  • The requirement for supermajorities can lead to tyranny of majority – women and minority groups have all had rights restricted.
  • The protection of rights for minorities has largely been left to the Supreme Court but it has no power of enforcement. The Court ruled against segregation in schools in 1954, yet Mississippi was still receiving similar rulings in 2016.
  • Leaving election practices in the hands of states has led to wide variation. While nearly half of Americans live in districts using paper ballots, one-quarter use electronic voting, which has led to claims of election fraud.
44
Q

Interpretations and debates around the US Constitution and federalism

  1. The extent of democracy within the US Constitution

Representative democracy

YES

A
  • The House of Representatives is elected directly by citizens of each state.
  • The House of Representatives is elected roughly in proportion to population, equalising representation.
  • The frequent election cycle means that congressmen have to pay close attention to their voters. The House of Representatives is wholly re-elected every 2 years, and senators serve 6 years with one-third of the Senate re-elected every 2 years.
  • Amendments have upheld representative democracy; Senators are now elected, while woman and those aged 18 or over can vote.
45
Q

Interpretations and debates around the US Constitution and federalism

  1. The extent of democracy within the US Constitution

Representative democracy

NO

A
  • Senators were unelected until 1913.
  • Having two senators per state means representation varies by state population – Wyoming has two senators for approximately half a million people; California has two senators for approximately 40 million people.
  • Having at least one House of Representatives member per state means the level of representation also varies - in the 2010 census the average Montana district had approximately 1 million people in it; the average Rhode Island district had approximately half a million.
  • The Electoral College distorts the Presidential elections – the election winners in 2000 and 2016 did not reflect the popular vote.
46
Q

Interpretations and debates around the US Constitution and federalism

  1. Impact on the US government today
A

(i) The US Constitution not only outlines how government should work, but places considerable constraints on it too. It is important to recognise that this is not about strengths and weaknesses, but about government. There must be evidence from recent years that supports each impact. Most ‘impacts’ will be assessed as positive impacts or negative impacts.

In assessing the impact ‘today’, the circumstances of government are key. If federal government is controlled by one party, if there has been a national disaster, or if a president has just been elected, often federal government if more effective. In times of divided government, in times of low approval ratings, or in the later years of a presidency, the impact of the Constitution is often more negative.

47
Q

Interpretations and debates around the US Constitution and federalism

  1. Impact on the US government today

Positive

A
  • Each branch of government is given explicit powers which cannot be removed, ensuring each branch remains relevant, even if there is divided government (i.e. when one of either the president, the House of Representatives or the Senate is controlled by a different party to the others).
  • Frequent elections forces representatives to listen to their constituents, ensuring legitimacy of government.
  • The acceptance of judicial review means that disagreements can be settled in the Supreme Court. Bill of Rights.
  • The necessity for branches to work together through checks and balances means that majority interests are usually upheld, which should increase support for government.
  • Statues rights support diversity in state laws and practices.
48
Q

Interpretations and debates around the US Constitution and federalism

  1. Impact on the US government today

Negative

A
  • Separation of powers and checks and balances can lead to gridlock, meaning government is not governing.
  • Federalism means that sovereignty is shared and can reduce the power of federal government
  • Protection of rights is often sacrificed for the sake of national security.
  • Federal government has increasingly come to dominate the States in recent year.
  • The vagueness of the Constitution has meant ‘loopholes’ have been exploited, such as executive orders, allowing for the dominance of one branch over another.
49
Q

Interpretations and debates around the US Constitution and federalism

  1. Is the US still federal today?

YES

A

(i) Each state is able to decide upon and enforce a wide variety of laws. For example, the recreational use of marijuana is legal in nine states. 32 states have the death penalty. Taxes vary.

(ii) The Supreme Court has ruled in favour of states against federal government. For example, Texas v US [2016] overturning DAPA and Dobb v Jackson (2022) over abortion rights.

(iii) Elections are run according to state rules. For example, the testing of online voting in West Virginia.

(iv) Political parties remain ‘broad churches’ as both Democrats and Republicans have dramatically different ideologies across the country. For example, the ‘Freedom Caucus’ within the Republican Party is considerably further right than members such as Susan Collins.

(v) The State courts have successfully used the Supreme Court to challenge for ‘States Rights’ e.g. over abortion and immigration.

Conclusion
In many ways the USA does remain federal today. However, the nature of federal-state relationships and changes over time suggests that the answer is not simply ‘yes’ or ‘no’. Rather, it depends on the issue, the governments and the national circumstances.

50
Q

Interpretations and debates around the US Constitution and federalism

  1. Is the US still federal today?

NO

A

(i) The growth of federal government seems to increasingly encroach upon state ‘reserved powers’. In Kentucky, for example, a clerk was imprisoned for refusing to issue same-sex marriage licenses after it was legalised.
(ii) The Electoral College and House of Representatives place great importance on a few states. For example, California is worth 55 Electoral College Votes, Texas 38 and Florida 29, so these states are heavily targeted by candidates, often at the expense of the seven states worth just three votes each.
(iii) Only the federal government has the resources to deal with terrorist attracts, market crashes and natural disasters. For example, it is projected that Hurricane Harvey and Irma may have caused upwards of $200bn of damage.
(iv) The Supreme Court has also ruled in favour of federal government, further centralising political power. In upholding Obamacare in the NFIB v Sebelius case, for example, the federal government seems now to have vast power over healthcare.

Conclusion
In many ways the USA does remain federal today. However, the nature of federal-state relationships and changes over time suggests that the answer is not simply ‘yes’ or ‘no’. Rather, it depends on the issue, the governments and the national circumstances.

POLITICS A-LEVEL (13 decks)

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