Paper 2: The Constitution Flashcards
What are the 5 key principals of the Constitution?
Limited government Separation of powers Checks and balances Bipartisanship Federalism
Where can Limited Government be seen in the Constitution?
The inclusion of separation of powers checks and balances. 10th Amendment giving states powers and the Bill of Rights guaranteeing citizens rights
Examples of Limited Government working and failing today
Texas v US, an executive order by Obama regarding illegal immigrants was struck down by Supreme Court as Congress failed to pass an immigration reform bill showing president can’t make law without Congress
Trump and Obama launched air strikes without congressional approval Trump on Syria and Obama on Libya
Where can Separation of Powers be seen in the Constitution?
Articles I, II and III outline the powers of each branch and the ‘ineligibility clause’ of article I meaning a person can only serve in 1 branch of govt. at a time
Examples of Separation of Powers working and failing today
Obama, Biden and Hilary Clinton all had to give up their seats in the Senate to take up roles in the executive.
Obama negotiated the Joint Comprehensive Plan of Action limiting Iran’s nuclear capabilities in return for lifting sanctions, because it wasn’t a ‘treaty’ it didn’t require the senate’s approval
Where can Checks and Balances be seen in the Constitution?
Numerous powers within Articles I, II and III provide checks and balances
Examples of Checks and Balances working and failing today
Trump tried to introduce his own healthcare bill on 2017 but despite the Republican majority in both houses, it failed to pass
Obama included the US in the Iran Nuclear Deal and the Paris Climate Accord without asking for Senate approval
Where can Bipartisanship be seen in the Constitution?
The requirement for supermajorities in the amendment process, impeachment process and the veto override process. A staggered election cycle which allows branches to be dominated by different parties
Examples of Bipartisanship working and failing today
‘Gang of Eight’ in the Senate was a bipartisan group for 4 Democrat and 4 Republican senators who worked to create the bipartisan bill Boarder Security, Economic Opportunity and Immigration Modernisation Act which passed the Senate
Despite bipartisan immigration bill passing in the Senate, Republican speaker of the House of Reps refused to allow it even to be debated in the house.
Where can Federalism be seen in the Constitution?
10th Amendment protects states’ rights. Role of the Supreme Court as the arbiter between federal and state govt. and the need for state approval in the amendment process alongside equal representation of the states in the senate
Examples of Federalism working and failing today
Marijuana remains illegal at a federal level under the Controlled Substances Act but in 9 states, recreational use has been legalised by state govt. and in 13 more it has been decriminalised
Supreme Court rulings are binding on states too and in case of Obergefell v Hodges, gay marriage was legalised in all states, inc. 13 states where it had previously been illegal
The nature of the Constitution: Codified and Entrenched
Codified so is source of all US political power
Over time, the meaning of the words have been altered but only through interpretation of original
It’s judicable meaning judges can interpret actions + laws against the constitution to judge whether they are constitutional or not
Entrenched meaning it’s difficult to amend as it’s protected by law, outlined in article V
The nature of the Constitution: Vagueness of the document
Short and vague maybe due to Founding Fathers having differing views on the issues inc. in the document
Vague language allows for compromise of delegates and agreements of all the states
Whilst it is codified, not every power is outlined within it
What are enumerated powers?
They are quickly identified in the first 3 articles as those powers explicitly given to each branch of govt. and how they can exercise it
What are implied powers?
Powers not specifically mentioned in the Constitution but are assumed or interpreted from the wording
Stems from clause 18 section 8 in Article ! which allows Congress to make all laws ‘necessary and proper’ for carrying out its enumerated powers
A.k.a ‘elastic clause’
What are reserved powers?
Powers reserved to the states alone or to the people, found in the 10th amendment
What happened at the Philadelphia Convention?
55 men from 12 states arrived throughout the summer , Rhode Island didn’t attend
What was the Virginia Plan?
Drafted by James Madison, Congress made of two chambers based on the populations of the states
29th May 1787
What was the New Jersey Plan?
Drafted by William Patterson, wanted Congress of one chamber based on equal representation of the states
15th June 1787
What was the Connecticut Compromise?
‘The Great Compromise’, proposed by Roger Sherman, Congress made of two chambers with one based on state population (House of Reps) and one based on equal representation (the Senate)
17th July 1787
Examples of enumerated powers of Congress
Lay and collect taxes
Coin and borrow money
Provide, raise and support an army/navy and declare war
Make sure laws are carried out
Fix the standards of weights and measures
Create courts
Examples of enumerated powers of the President
Act as commander in chief of the armed forces
Maintain a cabinet of advisors who run the 15 executive depts.
Grant pardons in all federal criminal offences + reprieves
Negotiate treaties with other countries
Veto legislation
Make a State of the Union address to Congress
Checks by Congress on the president
Congress can create, amend, delay and reject legislation
Can override presidents veto, need a supermajority to
Power of the purse, Congress can raise taxes, preventing president from spending without consent
Declare war
Can bring impeachment proceedings against president
Checks by Congress on Supreme Court
Can impeach justices, has only happened once
Propose a constitutional amendment, has only happened once
Can create lower courts and regulate the SC’s role in hearing appeals from these lower courts
Checks by the President on Congress
Can suggest legislation to Congress through the annual State of the Union address
Sign/veto legislation that is put to him from Congress
Is commander in chief of the armed forces so decides on stationing and movement of troops
