The Constitution Flashcards
1
Q
How many times has the constitution been formally amended?
A
27 times
2
Q
What are the first 10 amendments known as?
A
The bill of rights
3
Q
What two words describe the US constitution?
A
Codified - written down.
Entrenched - Protected by law and therefore judiciable.
4
Q
1st and 2nd amendment
A
1st - Freedom of speech
2nd - Right to bear arms.
5
Q
6th and 8th amendment
A
6th - Right to a fair trial
8th - no cruel and unusual punishments
6
Q
10th amendment
A
Powers not attributed to congress are held by the states.
7
Q
13th amendment
A
Abolishes slavery
8
Q
14th amendment
and what does it include?
A
Legal equality.
Defines citizenship and includes clauses such as equal protection and due process.
9
Q
15th amendment
A
Prohibits the denial of the vote based on race or colour
10
Q
19th Amendment
A
(Gave women the vote)
Prohibits the denial of the vote based on gender.
11
Q
Case study 2nd amendment
A
Words such as “necessary” and “arms” are confusing as the situation has changed majorly.
The US is no longer at risk from the British and they have their own massive army to fight with.
The social setting and guns has evolved and no one knows whether the founding fathers would be happy with the usage now.
Also does “well regulated” not suggest Background checks etc are good?
12
Q
Enumerated powers of Congress
A
- Collects tax
- Borrows money on behalf of the US
- Commerce clause (regulate commerce),
- Regulates trade
- Declares war
- Ratifies treaties
- Appointments.
13
Q
Enumerated powers of the President
A
- Recognises other countries
- Negotiates treaties
- Grants pardons
- Vetoes legislation
- Nominates federal justices
- Commander in chief.
14
Q
Power of the Judicial Branch
when was it formalised?
A
Not in constitution. Judicial review.
Not formalised until Marbury v Madison 1803
15
Q
Constitutional Congressional checks on the president
A
- Can reject or approve appointments
- Can impeach the president
- Can veto bills
16
Q
Constitutional congressional checks on the judiciary
A
- Approves judicial appointments
- Can create lower courts
- Can suggest constitutional amendments
17
Q
Constitutional presidential checks on congress
A
Can veto legislation
18
Q
Constitutional presidential checks on the judiciary
A
- Can issue pardons
- nominates judges
19
Q
Constitutional judiciary checks on the president and congress
A
- Ruling executive actions unconstitutional
- can rule legislation unconstitutional
20
Q
what is an enumerated power?
A
A power directly defined in the constitution.
21
Q
what is an implied power?
A
A power that is not directly defined but seems implied by the other powers
22
Q
President’s implied powers
A
Executive privilege - assumed right to withhold information from congress and the public for the public benefit or private white house reasons.
23
Q
define Entrenched
A
Protected by law and therefore difficult to change
24
Q
Separation of powers
A
Powers have been broken up and shared around so that one branch can’t become overly powerful.
- THERE MUST BE NO OVERLAP. It means they are responsible for different things and with checks and balances they can be kept in line.
25
2 stage of The Amendments process
1. proposal stage at national level. 2. ratification stage at state level.
26
Enumerated powers v Implied powers
**Enumerated** powers are those ***expressly granted*** to the federal government by the Constitution.
**Implied** powers **enable** the federal government to **carry out tasks outlined by the enumerated powers.**
27
Amendment process in full (**popular** options for both stages)
* **2/3** of **both** houses of congress must **agree** to a proposed amendment. (27 times)(Can be used with other part 2 - been done once)
* **3/4** of state legislatures must agree. (Been Used 26 times)
28
Amendment process in full (**unpopular** options for both stages)
**_National constitutional convention_** called by at least **_2/3_** of the states **_(never been used)_** and then
**_State constitutional convention_** **3/4** of the states must hold conventions and **vote to ratify**. (**_used once_** with the congressional 2/3 part 1)
29
Definition of Constitutional principles
* Constitution has a number of principles which are effectively things the founding fathers aimed to achieve through their words.
* most are not named in the constitution but are implied.
30
The 5 key principles of the constitution and their definitions
* **_SEPARATION OF POWERS;_** government powers are divided and completely independent.
* **_CHECKS AND BALANCES_**, each branch has power to check other branches.
* **_BIPARTISANSHIP,_** political parties must act together.
* **_LIMITED GOVERNMENT,_** government should be as powerful as necessary but no more.
* **_FEDERALISM_**, shared sovereignty between state and federal government.
31
Limited government definition
Government should be as big as powerful as laid out in the constitution by their enumerated powers but no more.
32
Federalism defintion
Division of power between the **state** governments and the **federal** government. **Shared sovereignty**.
* *Any powers not explicitly laid out in constitution - the states have*. (as said in 10th amendment)
33
Guantanamo Bay example
* The Guantanamo Bay detention camp is a United States **military prison** located within Guantanamo Bay Naval Base in Cuba.
* **Indefinite** detention **without** **trial** and **torture** have led the operations of this camp to be considered a major breach of human rights by Amnesty International and a violation of Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution.
* The camp was established by US President George W. **Bush's** administration in **2002** during the *War on Terror* and finally shut by Obama using an EO.
34
States can therefore control...
* Their election practices
* Local law enforcement and criminal codes
* Regulate the lives of their citizens eg age of consent.
35
Concurrent Powers
Powers **both state and federal** government **hold** and must **exercise** **together**.
* Eg power to levy taxes and enforce laws.
36
Examples of Presidents using a check on Congress (7)
**Obama** used the veto **12** times while in power.
He vetoed legislation that would have rescinded his healthcare and **JASTA** **2016**. (His veto was overrode by congress and the bill was passed.)
Used an EO for DACA
He also vetoed the **Keystone** **XL** **pipeline** in **2015**. (Trump signed an executive order days into his presidency stating it would go ahead.)
He also used an **EO** to get Democrats to vote for **ACA**
Clinton only passed Defecit reduction act due to a tie breaker from Al Gore.
Trump used EO to build wall
37
Examples of President using checks on judiciary
Obama nominated **Sonia Sotomayor** (**2009**) and **Elena Kagan(2010)** but his nomination of **Merrick Garland(2016)** failed.
Trump then won and nominated **Neil Gorsuch (2017)** and later **Brett Kavanaugh (2018)**.
President **Ford** **pardoned** **Nixon** for "any crimes he may have committed during the watergate affair"
**Clinton** pardoned **140** people including Marc Rich (well known tax fugitive) and **Obama** pardoned **142** people. **Trump** - Joe **Arpaio**
38
Examples of Congress checking President
Congress **overrode** Obama's **veto** of **JASTA** in 2016.
**Refused** to hold a hearing for Merrick **Garland's** nomination. They ratified the **_Strategic Arms reduction treaty with Russia in 2010_**.
In 2010 they passed reformed versions of Obama's health care reform bill, but **blocked** his attempt at an **immigration** **reform** and **blocked his gun control legislation**.
Didnt fund Trumps wall.
39
Examples of Congress' check on the federal courts
They have **removed** **3 federal** **judges** from office **1986-1989**. Harry Claibone for tax evasion, Alcee Hastings for Bribery and Walter Nixon for perjury.
Also **impeached** **Thomas** **Porteous** in **2010** for **corruption** and perjury.
40
Examples of Courts check on President
**1974** - **US v Nixon -** Nixon told to hand over tapes in watergate affair. Reviewing and deeming his executive priviledge unconstitutional.
**US v Texas** - DAPA suspended
**2017** - Trump's executive order (muslim ban) Then in **Trump v Hawaii** they deemed it constitutional after he changed it 3 times. Deemed **DAPA** unconstitutional and a ban was put on by courts and then because there was a 4-4 split in the SC the ban was left in place and Trump rescinded DAPA in 2017.
**2020** - Department of Commerce v New York
41
Examples of Courts check on Congress
Judicial review but its **NOT CONSTITUTION** -
**Obergefell v Hodges 2015** (state) same sex marriage is legal.
**US v Windsor** (federal) Defence of marriage act overturned.
**US v Pink** - EAs have same legal weight as Treaties
**Hamdam v Rumsfeld -** decided that the clourt did have juristiction and that the president needed congressional authorisation for Guantanamo Bay to keep going.
42
Commerce Clause
* Allows the federal Government to regulate interstate trade.
* Very Wide interpretation.
e.g. Obamacare, **NFIB v Sibelius 2012**
or **Gonzales v Reich 2004**, supported Congress's use of commerce clause in Controlled Substances Act to ban marijuana despite California state law to the contrary
43
Death penalty - federalism
* **Legal** in **31** states, **illegal** in **19**.
* All states use lethal injection but their back up options vary.
* States have to trial various combinations of drugs for injection.
* The SC upheld use of lethal injection in **Glossip v Gross 2015.**
44
Strengths of the US constitution (6)
* Vagueness and amendments allow it to be **flexible**.
* SC interpretation - **non** **partisan**
* Difficulty of amendments means it is **protected** from **constant** **change**.
* **States** have remained powerful and **independent**.
* **Federal** government is **limited**
* **Citizens** **rights** remian **protected**.
45
Weaknesses of the constitution (6)
* Interpretative amendments have trampled on the rights of individual states
* SC is **unelected** and incredibly **powerful**. EG striking down DAPA - ignoring mandate.
* The amendment process has **prohibited necessary change**.
* **States** powers are **diminishing**. Obamacare took supremacy over individual state healthcare. *Obergefell v Hodges* forced states to make gay marriage legal.
* **Federal** gov has largely **unchecked** power.
* Rights of citizens often conflict.
46
Impact of the Constitution today
* Each branch has specific powers.
* Bill of rights gives clarity and also something citizens can appeal to the SC on.
* Diveristy in state laws and practices.
47
Is the US federal today? - Yes (5)
* Each state is able to decide upon and enforce a **wide variety of laws**. Eg Weed legal in 9 states, death penaly in 31.
* SC has ruled in favour of states over federal gov. ***Texas v US***
* Electoral practices vary and are developing
* **Parties** have **broad** opinions within.
* Appealing to SC is not a right so **state courts** remain important.
48
Is the US federal today? - no (4)
* growth of federal gov seems to encroach on state powers. Eg **Obamacare.**
* Electoral college place great importance on few states. ***California 55, Texas 38, Florida 29 etc.***
* Only federal Govs have the resources to deal with terrorist attacks, natural disasters etc.
* The SC has also ruled in favour of Federal Gov - ***NFIB v Sebilius, Obergefell v Hodges.***
49
How many proposed amendments?
over 10,000
50
Attempted constitutional amendments
**_Balanced Budget Amendment 1995_** (spending as much as they get from Tax - Republicans) and **_Ban Flag Desecration Amendment_** passed the house but not the senate. (Clinton)
**_Overturning ruling on Campaign Finance_**
**_Equal Rights Amendment_** - 1920s nearly passed but some states withdrew ratification.
**_Introducing congressional time limits_** - if amendment is about congress people will vote biasly.
51
Examples of vaguness in the constitution
Punishment for **"Disorderly behaviour"**
Imeachment for **_"High Crimes and Misdemeanours"_**
52
Evaluate the view the us constitution is not fit for purpose
* vagueness and implied powers(allows for change/too ambiguous)
* Amendments (just right/too difficult)
* Checks and balances(Effective/Ineffective)
