The Constitution Flashcards

1
Q

What was wrong with the Articles of Confederation

A

There was virtually no central government at all

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2
Q

Give three examples of compromises in the constitution

A

A federal form of government
Two houses of congress
One with equal representaion for all the states
One with representation proportional to each states population (NOT proportional representation)
An indirectly elected president

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3
Q

what are the 3 key features of the consistution

A

It is codified
Some of it is specific but some is vague
Its provisions are entrenched

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4
Q

What is a codified constitution

A

A constitution that consists of a full and authoritative set of rules written down in a single document

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5
Q

What do the first three articles of the constitution deal with

A

The legislature
The executive
The judiciary

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6
Q

Give an example of the vagueness of the constitution

A

One of
the common defence and general welfare clause
The necessary and proper clause

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7
Q

What is the difference between enumerated powers and implied powers

A

Enumerated powers are specifically granted by the constitution
Implied powers are merely inferred by the constitution

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8
Q

What is the difference between reserved powers and concurrent powers

A

Reserved powers are those reserved to the states and to the people
Concurrent powers are granted to both the federal and state governments

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9
Q

What does entrenchment mean

A

Powers safeguarded by making them difficult to amend or abolish

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10
Q

How can constitutional amendments be proposed

A

Either by 2/3 majorities in both houses of congress or by the legislatures in 2/3 of the states calling for a national constitutional convention

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11
Q

How can constitutional amendments be ratified

A

Either by
3/4 of the state legislatures or by
Ratifying conventions in 3/4 of the states

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12
Q

Give three advantages of the amendment process

A

Advantages
Super majorities ensure against small majority being able to impose its will on majority
Lengthy and complicated process makes it less likely that the constitution will be amended on merely temporary issue
It ensures that both the federal and state governments must favour a proposal
It gives a magnified voice to the smaller population states (through senates role and the requirement for agreement of 3/4 of state legislatures
Provision for a constitutional convention called by the states ensures against a veto being operated by congress on the initiation of amendments

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13
Q

Give 3 disadvantages of the amendment process

A

It makes it overly difficult for the constitution to be amended thereby perpetuating what some see as outdated provisions eg electoral college
It makes possible the thwarting of the will of the majority by a small and possibly unrepresentative minority
The lengthy and complicated process nonetheless allowed the prohibition amendment to be passed (1918)
The difficulty of formal amendment enhances power of the (unelected) supreme court to make interpretative amendments
The voice of small propulation states is overly represented

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14
Q

What are the first ten amendments to the constitution called

A

The bill of rights

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15
Q

Give 2 examples of subsequent consitutional amendments

A

Two of
Slavery prohibited (13th amendment 1865)
Federal government granted power to impose income tax (16th 1913)
Direct election of the senate (17th 1913)
Two term limit for the president (22nd 1951)
Presidential succession and disability procedures (25th 1967)
Voting age lowered to 18 (26th 1971)

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16
Q

Give two reasons why the constitution has been amended so rarely

A

Two of
The founding fathers created a deliberately difficult process
The constitution is, in parts, deliberately vague and has therefore evolved without the need for formal amendment
The supreme court has the power of judicial review
Americans have become cautious about tampering with the constitution

17
Q

What are the three key principles of the constitution

A

Separation of powers
Checks and balances
Federalism

18
Q

Define the doctrine of the separation of powers

A

A theory of government whereby political power is dristributed among the legislature, the executive and the judiciary, each acting both independently and interdependently

19
Q

Complete this quotation

The constitution created a governmental system made up of separated ———sharing ———-

A

Institutions sharing powers

20
Q

How can the president check congress

A

Presidential veto of a bill

21
Q

How can a president check the federal courts

A

Nominate judges

Pardons

22
Q

How can congress check the president

A
Amend/delay/reject legislative proposals
Override veto
Impeachment / trial
Refuse to ratify treaties (Senate)
Refuse to confirm judges (senate)
23
Q

How can congress check federal courts

A

Propose constitutional amendments

Refuse to confirm appointments (senate)

24
Q

How can federal courts check congress

A

Declare a law unconstitutional

25
How can federal courts check the president
Declare their actions unconstitutional
26
Give a definition of federalism
A theory of governemnt by which political power is divided between a national government and state governemnts, each having their own areas of substantive juristiction
27
How was federalism written into the constitution
By The enumerated powers of the federal government The implied powers of the federal government The concurrent powers of the federalk and state governments The 10th amendment
28
Give 2 examples of the ways in which the size and scope of the federal government expanded under A) george w bush B) obama
A) eduction, medicaid, homeland security and defence, economy & jobs B) economic stimulus package, expansion of S-chip, medicaid & obamacare
29
Give 3 examples of the consequences of federalism
Any 3 of Variation in state laws on such matters as age at which people can marry, drive a car or have to attend school, the death penalty Federal and state courts States can act as policy laboratories experimenting with new solutions to old problems All elections are state based ad run under state law Political parites in america are essentially decentralised, state based parties Huge federal grants going to the states as well as the complexity of the tax system becasue eg income tax is levied by both federal and state governments (in florida there is no state income tax but there is in NY so daddy had to pay tax on earnings at state level but i don’t have to in florida but we both had to pay federal taxes The regions of the south, the midwest, the northeast and the west have distinct cultures as well as racial, relgious an ideological differences
30
Give 3 of the cultural factors that were important in the USA in the late 18th centrury that helped shape the US constitution
``` Liberty Individualism Equality Representative government Limited government States rights Gun ownership A fear of state organised religion ```
31
Give 3 of the cultural factors that helped shape the UK constitution
``` Any three of An autocratic monarchy The hereditary principle The power of a landed aristocracy An established church A deferential working class A lack of social mobility ```
32
Give 3 parts of the US governemnt and politics not mentioned in the constitution
``` Any three of Primary elections Congressional committees The presidents cabinet The executive office of the president The supreme court’s power of judicial review ```
33
Name 3 places where one can find written parts of the uk constitution
Acts of Parliament Common law The works of Erskine May and Walter Bagehot
34
Name three important differences bewtween the nature of the us and uk constitutions
Any 3 of The powers, requirements and rights in the US constitution are entrenched whereas those in the UK are not The US constitution allows for much more popular and democratic participation than does the Uk constitution The US constitution estabnlishes a separation of powers whereas the UK constitution establishes more in the way of fused powers especially between the exective and the legislature Checks and balances are more significant in the US constitution than in the Uk constitution The US constitution enshrines the principle of federalism whereas the UK constitution enshines the principle of devolution