The Constitution Flashcards
What are the key features of the US constitution?
- US constitution is codified, so it collects a set of rules on government and politics and puts them into 1 document.
E.g. the US constitution collects 7 articles together on how the country should run, the first 3 explain how the branches of federal government should work - US constitution is a blend of specificity and vagueness. There are vague, implied powers which are not explicitly mentioned, but can be interpreted by the government.
E.g. the power of Congress to draft people into the army implied from their enumerated power to raise an army - US constitution’s provisions are entrenched, requiring a 2/3 supermajority for Congress to amend.
E.g. the 2004 The Federal Marriage Amendment which would prohibit same-sex marriage failed 236yes–187no.
Why has the constitution been amended so rarely?
- The amendment process is deliberately a very difficult process.
E.g. 2/3 of Congress is needed to propose an amendment, and 3/4 of state legislatures are needed to ratify it. - The constitution is deliberately vague and unspecific.
E.g. the power of Congress to draft people into the army implied from their enumerated power to raise an army. - The SC’s power of judicial review has limited the need for formal amendment as they can interpret the constitution and change the meaning of words.
E.g. in Roe v Wade 1973 the Supreme Court interpreted the 14th amendment’s ‘freedom of personal choice’ to include a woman’s right to decide to terminate her pregnancy.
What are the principle constitutional rights?
- 1st amendment protects the freedom of speech, religion and press.
E.g. in Citizens United v FEC 2010, the court ruled that corporation had the same rights to free speech as individuals and could therefore make political donations. - 3rd amendment protects the right to private property.
E.g. Roe v. Wade 1973 classified an unborn baby as a woman’s property, therefore the government couldn’t interfere with it. - The 4th amendment protects the right to privacy.
E.g. Griswold v. Connecticut (1965) allowed married couples to buy and use contraceptives without government restriction.
What are the key principles of the constitution?
- Separation of powers.
E.g. the president cannot sit in Congress, nor can members of their cabinet, as seen in 2008 when Obama had to resign from the Senate before becoming president. - Checks and balances.
E.g. Congress can check the President by overriding a veto, such as when Congress overrode Obama’s veto of the Justice Against Sponsors of Terrorism Act 2016 - Federalism
E.g. power is transferred to state government through Article 1 section 9 of the Constitution, such as the power to raise funds to support their activities
Is Congress a good check on the other branches of government?
- Yes, Congress can pass laws
E.g. Congress passed the Affordable Care Act 2010
(provides affordable health insurance)
No, President can veto such laws
E.g. Obama vetoed the restoring Americans’ Healthcare Freedom Reconciliation Act of 2015 which aimed to repeal the Affordable Care Act
- Yes, vetoes can be overturned by Congress with a 2/3 majority
E.g. the Justice Against Sponsors of Terrorism Act 2016 was vetoed by Obama but overridden by Congress.
No, overriding a veto is very difficult
E.g. earning a 2/3 majority can be difficult, only 1 out of 12 of Obama’s vetoes were overturned.
- Yes, Congress can impeach the president
E.g. Nixon was impeached in 1974 but resigned before almost certain conviction from the senate.
No, it is extremely difficult to impeach and convict a president as 2/3 supermajority in the Senate is required E.g. the Senate voted 57–43 in favour of convicting Donald Trump in 2021 but they were 10 votes short
- Yes, the Congress is required to ratify treaties
E.g. Congress rejected the Treaty of Versailles
No, the President can bypass formal treaties by making executive treaties
E.g. the nuclear deal with Iran in 2015 was an executive treaty which was made without Congressional approval by Obama.
Is the president a good check on the other branches of government?
- Yes, president can veto acts passed by Congress
E.g. Obama vetoed the restoring Americans’ Healthcare Freedom Reconciliation Act of 2015.
(protected Obamacare)
No, vetoes can be overturned by Congress with a 2/3 majority
E.g. the Justice Against Sponsors of Terrorism Act 2016 was vetoed by Obama but overridden by Congress.
(earning a 2/3 majority can be difficult, only 1 out of 12 of Obama’s vetoes were overturned)
- Yes, president can can alter political composition by making appointments when vacancies arise
E.g. Obama appointed Elena Kagan and Sonia Sotomayor, two liberals who shared the same ideology as Obama
(to swing the court in his favour)
No, this is not always possible as Senate approval is required to appoint a SC justice, and the Senate can ignore nominations
E.g. in 2016 the republican controlled Senate refused to consider Merrick Garland as Obama’s nomination
- Yes, president has charge over the armed forces, he is the commander-in-chief
E.g. President George W. Bush declared war on Iraq in 2003
No, Congress can refuse funds and has passed laws to limit presidential actions
E.g. the War Powers Act 1973, Congress must vote to authorise the President to declare war
E.g. Congress limited George W Bush’s spending on military operation in Iraq in 2003.
Is the SC a good check on the other branches of government?
- Yes, the SC can check Congress through judicial review, can declare Acts of Congress to be unconstitutional.
E.g. in Roe v Wade 1973 the Supreme Court interpreted the 14th amendment’s ‘freedom of personal choice’ to include a woman’s right to decide to terminate her pregnancy.
No, Congress can pass a constitutional amendment
E.g. in 1913, the 13th Amendment permitted a deferral income tax following an earlier SC case (Pollock v Farmers’ Loan and Trust Co.)
- Yes, SC has power of judicial review where they can declare actions from president to be unconstitutional
E.g. in 2017 Trump’s ban on travellers from certain Muslim-majority countries was struck down as unconstitutional due to the 1st amendment right of freedom of religion (this decision was later changed)
No, the president can alter the composition of the court to swing in his favour
E.g. Obama appointed Elena Kagan and Sonia Sotomayor, two liberals who shared the same ideology as Obama
- Yes, the SC can make ‘interpretive amendments’ which undermine Congress
E.g. Obergefell vs Hodges 2015 struck down the 1996 Defence of Marriage Act as unconstitutional due to the 14th amendment freedom of marriage
(effectively legalised same-sex marriage)
No, the SC cannot initiate cases on its own accord
E.g. same-sex marriage was only legalised across America when the case came before the SC
Principles of federalism?
- Limited government
E.g. the 10th amendment states that any powers not given to the federal government must be given to states, including punishments for crimes such as the death penalty - State’s laws will often supersede federal law if there is conflict between them
E.g. California’s drug policy is obeyed by federal police officers, despite there being a federal ban on the use of marijuana - Decentralisation
E.g. in Article One of the constitution, specific powers are granted to the states, such as setting up new local governments.
How has the federal-state relationship changed.
- Constitutional amendments
E.g. 14th amendment imposes many provisions on states, one being ‘equal protection’ which has been used by the supreme court to prevent the segregation of schools and racial discrimination (Brown v Board of Education) - Roosevelt’s ‘New Deal’
E.g. the federal government made many changes to increase prosperity for Americans, but there was a shift of power towards the government and away from individual states - Foreign policy
E.g. the Second World War, the USA stepped out as a world superpower. The federal government had exclusive jurisdiction over foreign policy, found its role enhanced significantly.
How does federalism influence the government?
- There is a clash between laws made in Washington DC and individual states
E.g. federal law bans marijuana but California has has legalised it - Anything that the federal government hasn’t decided is decided by the states
E.g. penalty for crimes such as the death penalty - If the federal government wants more to make an amendment, it requires state support
E.g. amendments, such as the 10th amendment, need support of 3/4 of state legislators
Is the US constitution suitable?
- No, some powers overlap and conflict
E.g. in late 2018 government shutdown occurred when Congress and Donald Trump could not agree on an appropriations bill to fund the federal government for the 2019
Yes, as the overlapping of powers can lead to cooperation between branches of government
E.g. the legislative process requires both Congress and the president to work together
- No, it is to difficult to amend
E.g. in June 2006, the Senate voted 66–34 in favour of the Flag Burning Amendment but this was not enough since a huge 2/3 majority is needed
Yes, the SC’s power of judicial review allows them to make ‘interpretive amendments’ which counteracts the need for formal amendment
E.g. Obergefell v Hodges 2015 the court essentially legislated from the bench as they legalised gay marriage
- No, there are specific clauses that are outdated and unhelpful
E.g. the right to gun ownership under the 2nd Amendment
Yes, as the constitution allows the removal of outdated and unhelpful elements of the constitution, it is the politicians who must be blames for not doing so.
E.g. Republicans prevented Obama from passing any meaningful gun legislation to counteract elements of the constitution
Does the constitution do well in protecting civil liberties?
- Yes, as constitutional rights can be extended and expanded by the SC
E.g. in Citizens United v FEC 2010, the court ruled that corporation had the same rights to free speech as individuals and could therefore make political donations
No, as the Supreme Court can and does change it’s opinions on how the constitution should be interpreted
E.g. over racial segregation, Plessy v Ferguson 1896 was contradicted by Brown v Board 1954
(shows that many rights are not permanent and entrenched but are at the mercy of the SC)
- Yes, as there are entrenched and inalienable rights found within the constitution, especially the Bill of Rights
E.g. the right to a fair and speedy trial found in the 6th Amendment is both entrenched and alienable
No, as there some rights are much better protected than others
E.g. gun owners have their right to bear arms entrenched in the Second Amendment, while no entrenched rights exist for women and children.
How does the US constitution reflect the separation of powers?
- The president does not sit in Congress, nor do members of their cabinet
E.g. Obama resigned from the Senate in 2008 before becoming president - The different branches of government have clearly defined roles
E.g. Congress to pass laws and raise taxes, the president to conduct foreign relations. - The constitution more so reflects shared powers but separate personnel
E.g. the legislative process usually requires the President and Congress to work together
