P3 - The Constitution Flashcards
when was the constitution written and ratified
1787 and 1789
how many times has the Constitution been formally amended
27 times
how was the constitution written so it would not become outdated
its language is vague
where does sovereignty reside in the US
with the Constitution
what means the constitution is protected by the law
it is entrenched, meaning it is judiciable
what is the second amendment
the right to bear arms
what enumerated powers does the SC hold over the executive
they can rule actions of the executive branch unconstitutional
what enumerated powers does the SC hold over Congress
it can rule legislation unconstitutional
what enumerated powers does the executive hold over the SC
the president nominates judges and can issue pardons
what enumerated powers does the executive hold over Congress
the president can veto bills and send nominations and treaties to congress
what enumerated powers does congress hold over the SC
they approve judicial appointments, can create lower courts, can suggest constitutional amendments
what enumerated powers does Congress hold over the president
they can reject and approve appointments, can amend, delay or reject legislation, can impeach the president and can use the veto override
what synoptic link can be made between the UK and US
the SOPs in the USA can be contrasted with the UK’s fused executive and legislative branches. However, at times, both create an overly powerful executive
what did Richard Neustadt claim in 1960
that the SOPs were misleading, and that SOPs and checks and balances are not the same thing
what is an example of SOPs
the president can suggest and veto legislation, Congress can make and veto legislation, while the SC can declare it unconstitutional§
What are the two stages of the amendment process
a proposal stage at the national level and a ratification stage at state level
what time limit is typically set on ratification
7 years
how long did it take to ratify the 27th amendment
202 years
what proportion of both houses have to agree to a proposed amendment
2/3rds
what proportion of states must call a national constitutional convention and adopt the proposed amendment
2/3rds
how many times have the national constitutional conventions been used
0 times
how many times have proposals gotten through Congress
33
what proportion of state legislatures are needed to ratify an amendment
3/4s
how many times have an amendment been ratified by state legislatures
once
how many state constitutional conventions have to be called to ratify an amendment
3/4s
how many times has the state constitutional convention method been used
once
when was the state constitutional convention method used
for the 21st amendment, which repealed prohibition
what did James Madison say about the amendment process
it guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty, which might perpetuate its discovered faults.
how can the amendment process been shown to be working
27 amendments have been added
what could be argued about the constitution
it has endured the test of time, with the amendment process protecting these principles.
what does the process require which is good
bipartisanship, which prevents the tyranny of one party or opinion
what does the amendment process protect
federalism, by preventing the federal government from gaining too much power
why is the amendment process too difficult
the requirement for super-majorities
who gains too much power through interpretative amendments
the unelected Supreme Court
what can the process lead to
tyranny of the minority, with just a few members of Congress or states able to hold up amendments
what does the process mean it is difficult to do
incorporate new and evolving ideas into the US Constitution, making it increasingly out of date
what has the process allowed for
poor amendments
what is an example of a poor amendment?
the 18th amendment, which was repealed just fourteen years later by the 21st
what is a synoptic link about the amendment process?
the codification of the US constitution means a formal amendment process is necessary. The uncodified nature of the UK Constitution makes it far more flexible
what are the five key principles of the constitution
SOPs, checks and balances, bipartisanship, limited government, federalism
what is SOPs
governmental powers are divided between three branches of government, all of which can act independently and interdependently.
where are SOPs in the constitution
the powers that are outlined in Articles I, II and III. The three branches are physically separate
how have SOPs remained successful
the branches remain completely separate from one another and can act independently
how are SOPs not effective today
the president has usurped some of Congress’s power e.g dominating military action
what are checks and balances
each of the three branches of government can exercise control over the other branches
where are checks and balances found in the constitution
the checks laid out in articles I, II and III
how are checks and balances effective today
use of checks such as the veto and override demonstrate their continued importance
how are checks and balances ineffective today
checks and balances can lead to gridlock and, ultimately, government shutdowns
what is bipartisanship
the requirement of political parties to act together (as some founding fathers disliked parties altogether)
where is bipartisanship found
the two-thirds requirement for amendments and the veto override
how is bipartisanship effective
use of the veto override demonstrates bipartisanship can be achieved
how is bipartisanship ineffective
the USA seems more partisan than ever, with three gov shutdowns in the last six years
what is limited government
the requirement that government should be as big as necessary but no bigger
where is limited government in the constitution
enumeration of powers limits governmental power; the Bill of Rights protects citizens’ rights from the gov
how can limited government be seen as effective
SC decisions have protected citizens’ rights rather than congressional legislation
how can limited government be seen as ineffective
Guantanamo Bay remains open, infringing citizens’ rights
what is federalism
the shared sovereignty outlined in the Constitution between federal and state government
where is federalism found in the constitution
states have the right to run their own elections (Article 1); powers not enumerated go to the states (10th amendment)
how is federalism seen as being effective
states have successfully used the Supreme Court to maintain their own power ( for example, Texas vs US 2016)
how is federalism seen as ineffective
the federal government has increasingly grown in size (for example, Obamacare)
what does GITMO allow the US to do
try and deal with the emerging threat of terrorism and protect its citizens
how could individual states not do the same job as GITMO
individual states would not be well placed, in terms of money and resources, to deal with such a threat
why is GITMO seen as legitimate
it is not on US soil, the Bill of Rights does not apply
what does GITMO breach
the US principled belief in the protection of rights, especially against cruel and unusual punishment
what does GITMO do
it creates an overly powerful federal government, which shows no sign of shrinking
What has been suspended by GITMO
habeas corpus (the right to free and fair trial by a jury), has been suspended for the third time
