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P3 - The Constitution Flashcards

1
Q

when was the constitution written and ratified

A

1787 and 1789

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2
Q

how many times has the Constitution been formally amended

A

27 times

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3
Q

how was the constitution written so it would not become outdated

A

its language is vague

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4
Q

where does sovereignty reside in the US

A

with the Constitution

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5
Q

what means the constitution is protected by the law

A

it is entrenched, meaning it is judiciable

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6
Q

what is the second amendment

A

the right to bear arms

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7
Q

what enumerated powers does the SC hold over the executive

A

they can rule actions of the executive branch unconstitutional

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8
Q

what enumerated powers does the SC hold over Congress

A

it can rule legislation unconstitutional

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9
Q

what enumerated powers does the executive hold over the SC

A

the president nominates judges and can issue pardons

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10
Q

what enumerated powers does the executive hold over Congress

A

the president can veto bills and send nominations and treaties to congress

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11
Q

what enumerated powers does congress hold over the SC

A

they approve judicial appointments, can create lower courts, can suggest constitutional amendments

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12
Q

what enumerated powers does Congress hold over the president

A

they can reject and approve appointments, can amend, delay or reject legislation, can impeach the president and can use the veto override

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13
Q

what synoptic link can be made between the UK and US

A

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

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14
Q

what did Richard Neustadt claim in 1960

A

that the SOPs were misleading, and that SOPs and checks and balances are not the same thing

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15
Q

what is an example of SOPs

A

the president can suggest and veto legislation, Congress can make and veto legislation, while the SC can declare it unconstitutional§

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16
Q

What are the two stages of the amendment process

A

a proposal stage at the national level and a ratification stage at state level

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17
Q

what time limit is typically set on ratification

A

7 years

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18
Q

how long did it take to ratify the 27th amendment

A

202 years

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19
Q

what proportion of both houses have to agree to a proposed amendment

A

2/3rds

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20
Q

what proportion of states must call a national constitutional convention and adopt the proposed amendment

A

2/3rds

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21
Q

how many times have the national constitutional conventions been used

A

0 times

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22
Q

how many times have proposals gotten through Congress

A

33

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23
Q

what proportion of state legislatures are needed to ratify an amendment

A

3/4s

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24
Q

how many times have an amendment been ratified by state legislatures

A

once

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25
how many state constitutional conventions have to be called to ratify an amendment
3/4s
26
how many times has the state constitutional convention method been used
once
27
when was the state constitutional convention method used
for the 21st amendment, which repealed prohibition
28
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.
29
how can the amendment process been shown to be working
27 amendments have been added
30
what could be argued about the constitution
it has endured the test of time, with the amendment process protecting these principles.
31
what does the process require which is good
bipartisanship, which prevents the tyranny of one party or opinion
32
what does the amendment process protect
federalism, by preventing the federal government from gaining too much power
33
why is the amendment process too difficult
the requirement for super-majorities
34
who gains too much power through interpretative amendments
the unelected Supreme Court
35
what can the process lead to
tyranny of the minority, with just a few members of Congress or states able to hold up amendments
36
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
37
what has the process allowed for
poor amendments
38
what is an example of a poor amendment?
the 18th amendment, which was repealed just fourteen years later by the 21st
39
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
40
what are the five key principles of the constitution
SOPs, checks and balances, bipartisanship, limited government, federalism
41
what is SOPs
governmental powers are divided between three branches of government, all of which can act independently and interdependently.
42
where are SOPs in the constitution
the powers that are outlined in Articles I, II and III. The three branches are physically separate
43
how have SOPs remained successful
the branches remain completely separate from one another and can act independently
44
how are SOPs not effective today
the president has usurped some of Congress's power e.g dominating military action
45
what are checks and balances
each of the three branches of government can exercise control over the other branches
46
where are checks and balances found in the constitution
the checks laid out in articles I, II and III
47
how are checks and balances effective today
use of checks such as the veto and override demonstrate their continued importance
48
how are checks and balances ineffective today
checks and balances can lead to gridlock and, ultimately, government shutdowns
49
what is bipartisanship
the requirement of political parties to act together (as some founding fathers disliked parties altogether)
50
where is bipartisanship found
the two-thirds requirement for amendments and the veto override
51
how is bipartisanship effective
use of the veto override demonstrates bipartisanship can be achieved
52
how is bipartisanship ineffective
the USA seems more partisan than ever, with three gov shutdowns in the last six years
53
what is limited government
the requirement that government should be as big as necessary but no bigger
54
where is limited government in the constitution
enumeration of powers limits governmental power; the Bill of Rights protects citizens' rights from the gov
55
how can limited government be seen as effective
SC decisions have protected citizens' rights rather than congressional legislation
56
how can limited government be seen as ineffective
Guantanamo Bay remains open, infringing citizens' rights
57
what is federalism
the shared sovereignty outlined in the Constitution between federal and state government
58
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)
59
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)
60
how is federalism seen as ineffective
the federal government has increasingly grown in size (for example, Obamacare)
61
what does GITMO allow the US to do
try and deal with the emerging threat of terrorism and protect its citizens
62
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
63
why is GITMO seen as legitimate
it is not on US soil, the Bill of Rights does not apply
64
what does GITMO breach
the US principled belief in the protection of rights, especially against cruel and unusual punishment
65
what does GITMO do
it creates an overly powerful federal government, which shows no sign of shrinking
66
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

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