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US > Nature of the US constitution > Flashcards

Nature of the US constitution Flashcards

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1
Q

How long did it take to write? When was it published?

A

4 months, 1787

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2
Q

What was the Conneticut compromise?

A

Smaller states wanted equal representations, larger states wanted it based on population - agreed on bicameral nature

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3
Q

What was the 3/5th compromise

A

southern states had large slave populations and so would have much representation - decided a slave was equal to 3/5ths of a person

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4
Q

How many articles?

A

7

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5
Q

What do the first 3 articles lay out?

A

the roles, composition, powers and elections of legislative branch (1), President (2) and Judiciary (3)

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6
Q

What do the last 4 articles lay out?

A

4 - relationship between states and central government, 5 - process for amending constitution, 6 provisions and 7 ratification of the constitution

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7
Q

Bill of Rights

A

First 10 amendments. 1- freedom of press, speech and petition, 2 - right to bear arms, 10- which powers are owned by the states

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8
Q

how many amendments have there been

A

27 (10 in the Bill of Rights)

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9
Q

key amendments

A

13 - abolition of slavery
16 - income tax/levying powers
19 - rights for women
22 - presidential term limits

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10
Q

most recent amendment

A

1992 - representatives can’t increase own pay until next election

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11
Q

How is it codified?

A

written down in one place so institutions derive authority from the constitution - supremacy law: constitution is higher law

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12
Q

Entrenched?

A

requires supermajorites and consent of multiple parts of the government to change it - only 27 amendments

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13
Q

Amendment process? (proposal)

A

Proposal - 2/3 vote in both houses of Congress OR through a 2/3 vote in a national convention called by 2/3 of state legislatures (latter never used)

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14
Q

Amendment process? (ratification)

A

majority in 3/4 of states or majority vote in 3/4 of special state conventions (only used once)

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15
Q

Income tax amendment

A

1894 had tried to introduce income tax but was struck down by S.C as it needed to be apportionate among states, 16th amendment bases in 1909 for levying tax powers without apportioning it

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16
Q

22nd amendment?

A

Prior to Roosevelt there had been a convetion of two terms (Washington and Jefferson had decided not to serve a third term), R. re-elected in 1940 and 1944 - 1947 proposal of 22nd amendment

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17
Q

How many amendments have been proposed?

A

11,000

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18
Q

Equal Rights Amendment (failure)

A

Successfully proposed (both house and senate approval) but failed to be ratified by 3/4s of states and Phyllis Schlafly mobilised movement against it - 5 more dropped out

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19
Q

Balanced Budget Amendment (failure)

A

numerous attempts to pass which would force federal government to balance its budget in every given year but failed to receive 2/3 vote

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20
Q

Flag Desecration Amendment (failure)

A

aimed to give Congress the power to prohibit desecration of the American flag - introduced multiple times with the closet in 2006 with one vote away from state majority - needed as S.C had ruled it was fine under free speech

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21
Q

Interpretative amendments

A

amendments through Judicial review e.g. Roe v. Wade - 14th amendment had been interpreted (right to privacy) to include abortion but in 2022 S.C disagreed

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22
Q

Advantages of entrenchment and codification (protection)

A

key principles are protected by difficult amendment process (keeps amendments rational and bipartisan, representation of the people)

23
Q

Advantages of entrenchment and codification (clarity)

A

rules of government and division of power clear (short document so easily followed and people know their rights)

23
Q

Disadvantages of entrenchment and codification (fails to evolve)

A

Rigid, outdated and fails to evolve as it being entrenched and requiring a supermajority is difficult e.g 2nd amendment not designed for 21st century technology, electoral college not as necessary and Equal Rights Amendment (high partisan environment = no agreement_

24
Q

Disadvantages of entrenchment and codification (failes to protect from abuses of power)

A

due to rigid nature facilitates rather than prevents abuses e.g. Citizen United v. FEC - first amendment upholds rich able to donate lots in elections and 2nd amendment fails to prevent school shootings

24
Q

Advantages of entrenchment and codification (abuse of power)

A

protections against abuses of power - clarifies the rules of the govt and limitations of power - supremacy act and protecting federalism. Judiciary play a key role in striking down power

24
Q

Disadvantages of entrenchment and codification (undemocratic)

A

undemocratic as minorities can frustrate supermajorities and have to hope that representatives will pass legislation for the good of the people not for their ideology (abortion or Flag)

24
Q

Examples of enumerated power

A

article 1 section 8 set out a number of specific powers for congress like power to coin money, establish post offices and raise armies OR 10th amendment - any powers not delegated held by states

24
Q

Vagueness (implied)

A

implied power - federal government and congress have powers not explicit but interpreted from enumerated ones

25
Q

Advantages of entrenchment and codification (judicial review)

A

judicial review - means to change with society

25
Q

Enumerated power (specific)

A

explicitly and specifically set out the powers of different branches

25
Q

Disadvantages of entrenchment and codification (S.C not elected)

A

S.C gets lots of power through judicial review and they don’t have a democratic mandate - make huge changes politically

26
Q

Beginning of push back against implied powers

A

United States v. Lopez 1995 - set limits ruling 1990 Gun Free-Zones Act that limited possession of a firearm within 100 feet of a school was unconstitutional as had nothing to do with interstate commerce

26
Q

Example of implied powers (commerce)

A

Commerce Clause - Congress can regulate commerce with foreign nations and among states - 1964 Civil Rights Act used commerce clause to end racial segregation in hotels and other accommodation as justified that accommodation is party of interstate commerce

26
Q

Example of implied powers (bank)

A

McCulloch V. Maryland 1819 - US government have the right to collect money and funding and so need a bank, placed in Maryland. Maryland wanted to tax it but was decided because necessary it won’t happen

27
Q

Advantages of vagueness

A
  • implied powers allows the constitution to be modernised w/o using the amendment process
  • allow core principles of the constitution to be maintained and not threatened
  • S.C ensures implied powers can be used while not being stretched too far e.g Us v. Lopez
28
Q

Disadvantages of vagueness

A
  • implied powers allows the constitution to develop and change without consent of the population (amendment process would)
  • allows gvt to extend powers far too much
  • gives S.C too much power
29
Q

Main powers of the S.C?

A

-interpret constitution and strike down laws

30
Q

main powers of Congress?

A

Pass laws, raise taxes, ratifies treaties, declares war, senate approval is required for important appointments, impeach federal offices

31
Q

main powers of states?

A

10th amendment which includes things like education, policing, regulating industry and raising taxes

32
Q

main powers of the President?

A

commander-in-chief of armed forces, foreign policy/diplomacy, nominate S.C justices, suggest new laws, pardons, chooses secretaries of state, veto/sign bills

33
Q

checks and balances in the US constitution?

A

all power (theoretically) balanced between the three branches, not concentrated anywhere

34
Q

President checks: recommend legislation

A

State of union address 2024: expand medicare drug price, address reproductive rights, support economic growth OR 2010 Obama focussed on passing Affordable Care Act

35
Q

President checks: vetos

A

Obama vetoed 12 and Trump 10. Biden vetoed a bill that would have blocked his student loan forgiveness programme

36
Q

President checks: nominations

A

Trump nominated 3 and Biden nominated 1: Ketanji Brown Jackson

37
Q

President checks: pardons

A

Nixon was pardoned by Ford after Watergate and Obama pardoned 1000 people on drug charges who had received heightened sentences at the peak of war on drugs

38
Q

Congress checks: legislation

A

amend or reject legislation recommended by President - particularly under divided government. BUT trump saw division in Rep. Congress when trying to pass a law to build a wall

39
Q

Congress checks: override veto

A

need 2/3 majority in both chambers to override vetoes (rare for Obama and Trump only happened once) e.g 2021 Defence Authorization Act was vetoed and then overridden.

40
Q

Congress checks: power of the purse

A

power of the purse - has to be agreed which can affect policy e.g. withdraw from Iraq under Bush by restricting military spending

41
Q

Congress check: declare war

A

Congress approval to declare war however recently Presidents have not followed this rule e.g Clinton invaded Iraq, Haiti, Bosnia, Afghanistan, Sudan and Kosovo (6) w/o approval

42
Q

Congress check: Senate ratifies treaties

A

2010 Disabilities Act failed to pass as didn’t have enough approval

43
Q

Congress check: confirm or reject presidential appointements

A

Merrick Garland 2016 refused to be voted on and 2022 Senate rejected 2 nominations to bearucracy

44
Q

Congress check: investigation

A

power to investigate president e.g Watergate affair or Trump Campaign i 2016 with interactions with Russian Intelligence services

45
Q

Congress check: impeach the president

A

3 impeachment by HoR but not convicted by the Senate (Clinton once and Trump twice)

US (4 decks)

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