The Constitution Flashcards
Why is the constitution so important?
- American handbook
- describes itself as the ‘supreme court of the land’
- all legal/political decisions checked against the constitution
What are the articles of confederation 1781?
- Richard H Lee
- Set up American confederacy
- states wanted to keep independence
- weak national government
- led to chaos
How was the constitution created?
- certain governors believed needed strong national government that the articles of confederation didn’t create
- meetings to strengthen the confederation
What are the features of the constitution?
- codified
- entrenched
- implied powers (powers inferred by delegated powers - from the federal government)
- necessary/proper clause (empowers congress to make all laws)
- reserved powers (powers of the people and states)
- concurrent powers (powers by the states and federal governments)
What is a super majority?
- the majority needed to ammend the constitution
- 2/3 of the senate and 2/3 of the house of representatives
OR - 2/3 states propose, and 3/4 states have to agree
What are the advantages of a supermajority?
- ensures a small majority can’t impose its will
- lengthy process means won’t be amended for a temporary issue
- state and federal government must favour amendment process
- magnified voice to small population states
- congress can’t override the states
What are the disadvantages of a supermajoirty?
- overly difficult, perpetuating outdated provision (e.g. the electoral collage)
- opposing could be a small and unrepresentative majority
- voice of small population states is overided
What is the separation of powers?
- a theory of government whereby political power is distributed among the legislature, executive and judiciary
- each acting independently and interdependently
- adopted to prevent tyranny
- they’re separate institutions but have the same powers
How does the president check congress?
- state of union address
- veto bills passes by congress (Obama used 12 times)
What is a state of union address?
A speech stating what issues the president wants to be discussed within congress
How does the president check the courts?
- nominates all federal judges (Obama appointed Elena Kagan - their philosophies match)
- power of pardon
What is the pardon of power?
Can pardon anyone for their crimes
How does congress check the president?
- amend, block or reject items of legislation by the president (Obama healthcare reform heavily amended)
- Override the presidents veto - 2/3 majority of both houses
- power of the purse - all money to spend on policy voted on by congress
- power to declare war (last done on Japan 1941)
- Ratify treaties negotiated by the president (2010 ratified START treaty with Russia)
- confirm appointments to the executive branch and federal judiciary
- power of investigation - use committees to investigate actions and policies of a president
- impeachment (Bill Clinton 1998)
How does congress check the courts?
- impeachment, trial and removal from office (1986-89 3 federal judged from office removed)
- propose constitutional amendments -overturn decisions by the supreme court
How do the courts check congress?
- power of judicial review - declare acts of congress unconstitutional (1997 Reno vs American Civil Liberties Union - declared the communications decency act to be unconstitutional)
How do the courts check the executive?
- judicial review - declare actions of the executive branch unconstitutional
Define Bipartisanship
Close cooperation between the 2 major parties to achieve political goals - crucial for success in the US
Define divided government
When the presidency is controlled by one party and one or both houses of congress are controlled by the other party
Why does divided government lead to a more effective government?
- effective scrutiny
- Bills scrutinised closely
- Treaties checked more closely
- 1935 - last time senate rejected own parties treaty
Why does divided government create a less effective government?
Don’t think of legislation as not their party - don’t scrutinise for the sake of it
Define federalism
A theory of government by which political power is divided between a national government and state government each have their own areas of jurisdiction
Define limited government
A principle that the scope of the federal government should be limited to that which is necessary for the common good of the people
Define popular sovereignty
The principle inherent in both the declaration of independence and the constitution that ultimate political authority rests with the people
Why did the 13 colonies become frustrated by British rule?
Imposed controls
