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Politics > P3 - The Constitution > Flashcards

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how was the constitution written so it would not become outdated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
Q

how many state constitutional conventions have to be called to ratify an amendment

A

3/4s

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26
Q

how many times has the state constitutional convention method been used

A

once

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27
Q

when was the state constitutional convention method used

A

for the 21st amendment, which repealed prohibition

28
Q

what did James Madison say about the amendment process

A

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
Q

how can the amendment process been shown to be working

A

27 amendments have been added

30
Q

what could be argued about the constitution

A

it has endured the test of time, with the amendment process protecting these principles.

31
Q

what does the process require which is good

A

bipartisanship, which prevents the tyranny of one party or opinion

32
Q

what does the amendment process protect

A

federalism, by preventing the federal government from gaining too much power

33
Q

why is the amendment process too difficult

A

the requirement for super-majorities

34
Q

who gains too much power through interpretative amendments

A

the unelected Supreme Court

35
Q

what can the process lead to

A

tyranny of the minority, with just a few members of Congress or states able to hold up amendments

36
Q

what does the process mean it is difficult to do

A

incorporate new and evolving ideas into the US Constitution, making it increasingly out of date

37
Q

what has the process allowed for

A

poor amendments

38
Q

what is an example of a poor amendment?

A

the 18th amendment, which was repealed just fourteen years later by the 21st

39
Q

what is a synoptic link about the amendment process?

A

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
Q

what are the five key principles of the constitution

A

SOPs, checks and balances, bipartisanship, limited government, federalism

41
Q

what is SOPs

A

governmental powers are divided between three branches of government, all of which can act independently and interdependently.

42
Q

where are SOPs in the constitution

A

the powers that are outlined in Articles I, II and III. The three branches are physically separate

43
Q

how have SOPs remained successful

A

the branches remain completely separate from one another and can act independently

44
Q

how are SOPs not effective today

A

the president has usurped some of Congress’s power e.g dominating military action

45
Q

what are checks and balances

A

each of the three branches of government can exercise control over the other branches

46
Q

where are checks and balances found in the constitution

A

the checks laid out in articles I, II and III

47
Q

how are checks and balances effective today

A

use of checks such as the veto and override demonstrate their continued importance

48
Q

how are checks and balances ineffective today

A

checks and balances can lead to gridlock and, ultimately, government shutdowns

49
Q

what is bipartisanship

A

the requirement of political parties to act together (as some founding fathers disliked parties altogether)

50
Q

where is bipartisanship found

A

the two-thirds requirement for amendments and the veto override

51
Q

how is bipartisanship effective

A

use of the veto override demonstrates bipartisanship can be achieved

52
Q

how is bipartisanship ineffective

A

the USA seems more partisan than ever, with three gov shutdowns in the last six years

53
Q

what is limited government

A

the requirement that government should be as big as necessary but no bigger

54
Q

where is limited government in the constitution

A

enumeration of powers limits governmental power; the Bill of Rights protects citizens’ rights from the gov

55
Q

how can limited government be seen as effective

A

SC decisions have protected citizens’ rights rather than congressional legislation

56
Q

how can limited government be seen as ineffective

A

Guantanamo Bay remains open, infringing citizens’ rights

57
Q

what is federalism

A

the shared sovereignty outlined in the Constitution between federal and state government

58
Q

where is federalism found in the constitution

A

states have the right to run their own elections (Article 1); powers not enumerated go to the states (10th amendment)

59
Q

how is federalism seen as being effective

A

states have successfully used the Supreme Court to maintain their own power ( for example, Texas vs US 2016)

60
Q

how is federalism seen as ineffective

A

the federal government has increasingly grown in size (for example, Obamacare)

61
Q

what does GITMO allow the US to do

A

try and deal with the emerging threat of terrorism and protect its citizens

62
Q

how could individual states not do the same job as GITMO

A

individual states would not be well placed, in terms of money and resources, to deal with such a threat

63
Q

why is GITMO seen as legitimate

A

it is not on US soil, the Bill of Rights does not apply

64
Q

what does GITMO breach

A

the US principled belief in the protection of rights, especially against cruel and unusual punishment

65
Q

what does GITMO do

A

it creates an overly powerful federal government, which shows no sign of shrinking

66
Q

What has been suspended by GITMO

A

habeas corpus (the right to free and fair trial by a jury), has been suspended for the third time

Politics (56 decks)

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