Key Principles of the US Constitution Flashcards
What are the key principles of the US Constitution?
- federalism
- checks and balances
- separation of powers
- bipartisanship
- limited government
What does Federalism mean?
- the separation of powers between federal government and state governments
- some policies are made at a state level and others on a federal level by president and congress
Describe the structure federalism
each state is like a smaller version of the US with its own constitution, head of executive branch (governor), legislature (state congress) and supreme court
How has federalism changed?
power of the federal government has grown hugely
What has the growing federal power been a response to?
- economic crisis
- increased demands for civil rights protection
- greater provision of social policy
What does the separation of powers mean?
a complete division into three branches: executive, legislative, judiciary
What is the separation of powers based on?
a desire to share power and to prevent any one institution or politician from dominating the political system
How is the separation of powers ensured?
no one can belong to more than one of these branches at the same time
How are checks and balances carried out?
each branch has exclusive powers which limits the ability for any to operate in an unrestricted manner
How does the legislative branch carry out checks and balances?
- can override a presidential veto
- can impeach and remove the president
- ratifies presidential appointments
- authorises / appropriates funds for legislation
- checks on the judiciary
- can impeach / remove judges
- confirms federal judges
How does executive branch carry out checks and balances?
- proposes legislation
- vetoes legislation
- makes treaties with foreign countries
- checks on the judiciary
- enforces court decisions
How does judicial branch carry out checks and balances?
- reviews executive decisions
- checks on congress
- reviews congressional laws
- judicial review
- supreme court justices appointed for life
What is meant by ‘bipartisanship’ ?
- inevitable need for compromise if decisions are to be made
- parties need to cooperate to govern the country
How is bipartisanship upheld by the constitution?
the constitution requires cross party support through the need for super majorities for amendments and for senate to ratify treaties
What is meant by limited government?
checks and balances and the separation of powers means the government cannot simply impose its will on citizens
What is ‘limited government’ critical of?
‘big government’
the tendency of federal government expanding its power in the area of economic and social policy e.g. obamacare
How does the Constitution uphold democracy?
- elections
- checks and balances
- right protection
How do elections uphold democracy within the constitution?
- upholds fundamental principles of a representative democracy
- free and fair elections held regularly
Describe the nature of elections in the US Constitution
- short two year terms for House of Representatives
- sep of powers and federalism has led to huge number of elections (US citizens vote more often than any other country)
What is a criticism of the nature of elections in the US Constitution?
- outdated electoral college system
- it is based on a reluctance to give power to give power to the people
- many aspects, therefore, offend fundamental principles of a representative democracy
How does checks and balances ensure democracy?
- prevents government from becoming too tyrannical
- makes sure no branch has more power than the other branches
How are checks and balances sometimes ineffective?
political differences often get in the way e.g. appointment of new SC justices, Obama’s attempts at immigration reform, lack of restraint of Congress
How does right protection in the US ensure democracy?
- powerful SC is able and willing to promote liberties as outlined in constitution
- bill of rights
- rights allow people to have power, give them individual freedom, free from excessive government control
What are the positives of the US Constitution?
- frequent elections
- checks and balances
- powerful supreme court
- amendment process
- vagueness allows necessary change
- states are well protected
