Examples US Constitution

Question 1

Power of the Supreme Court? Not enumerated but found.

Answer 1

Marbury v Madison 1803

Question 2

Enumerated powers of congress

Answer 2

Legislative: exclusive powers to legislate for whole country

Economic: tax and duty collection

Defence: declaration of war

Judicial/ constitutional: amending constitution (shared with states)

Question 3

Implied powers of congress

Answer 3

Economic/defence: given power to “provide for common defence and general welfare of the US” ie power to levy and collect tax to provide for USA defence

Defence: draft (enumerated to raise army and navy)

Question 4

Enumerated powers of president

Answer 4

Executive: grants pardons

Defence: commander in chief of army and navy

Legislative: veto

Question 5

Implied powers of president

Answer 5

Commander in chief of air force (not exist at time)

Question 6

Enumerated powers of judiciary

Answer 6

To rule on cases arising under the constituon

Question 7

Implied powers of judiciary

Answer 7

Declare acts of congress or executive or state govts unconstitutional

Question 8

Amendments

Answer 8

Bill of rights (1-10)

Question 9

Amendments not working

Answer 9

18th amendment 1919- prohibition

21st amendment 1933- repealed prohibiton

Question 10

Amendments cannot be passed easily

Answer 10

Only 27 passed, 33 to states for ratification, over 12,000 ever proposed.

Question 11

Difficult to amend outdated provisions

Answer 11

Changing electoral college: has elected two presidents who lost popular vote (w bush 2000, trump 2016) in last 20 yrs; designed as safeguard against popular democracy, a concern of 1800s at odds with modern liberal democracy. Several attempts, all failed.

Question 12

Checks on president

Answer 12

Blocked trumps attempt to repeal Obamacare

1789- over 2500 bills vetoed, congress overridden less than 5%

Declare war: last formal use was WW2, but commander in chief role overrides this somewhat; war powers act 1973 somewhat helps

Senate can ratify treaties (comprehensive test ban treaty) check on foreign power but executive agreements?

Impeach eg trump 2019 and 2021

Question 13

Checks on power of congress

Answer 13

Pres can veto leg eg may 2020 trump veto Iran powers regulation (limit pres ability to wage war against Iran)

Exec agreements without need for senate ratification

Question 14

Divided govt

Answer 14

1969-2021: divided govt for 36 years, 24 Pres party controlled neither house.

Question 15

Federal, concurrent and state powers

Answer 15

F: declare wars, coin money

C: amendments, levy taxes

S: regulating elections, assuming powers not listed in constitution eg regulating schools and intrastate commerce.

Question 16

National crisis

Answer 16

Covid 19

Question 17

States retain autonomy

Answer 17

Death penalty legal 29, not 21

Legalising marijuana