The Constitution Flashcards
1
Q
Why is the constitution so important?
A
- American handbook
- describes itself as the ‘supreme court of the land’
- all legal/political decisions checked against the constitution
2
Q
What are the articles of confederation 1781?
A
- Richard H Lee
- Set up American confederacy
- states wanted to keep independence
- weak national government
- led to chaos
3
Q
How was the constitution created?
A
- certain governors believed needed strong national government that the articles of confederation didn’t create
- meetings to strengthen the confederation
4
Q
What are the features of the constitution?
A
- 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)
5
Q
What is a super majority?
A
- 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
6
Q
What are the advantages of a supermajority?
A
- 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
7
Q
What are the disadvantages of a supermajoirty?
A
- overly difficult, perpetuating outdated provision (e.g. the electoral collage)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
8
Q
What is the separation of powers?
A
- 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
9
Q
How does the president check congress?
A
- state of union address
- veto bills passes by congress (Obama used 12 times)
10
Q
What is a state of union address?
A
A speech stating what issues the president wants to be discussed within congress
11
Q
How does the president check the courts?
A
- nominates all federal judges (Obama appointed Elena Kagan - their philosophies match)
- power of pardon
12
Q
What is the pardon of power?
A
Can pardon anyone for their crimes
13
Q
How does congress check the president?
A
- 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)
14
Q
How does congress check the courts?
A
- impeachment, trial and removal from office (1986-89 3 federal judged from office removed)
- propose constitutional amendments -overturn decisions by the supreme court
15
Q
How do the courts check congress?
A
- power of judicial review - declare acts of congress unconstitutional (1997 Reno vs American Civil Liberties Union - declared the communications decency act to be unconstitutional)
16
Q
How do the courts check the executive?
A
- judicial review - declare actions of the executive branch unconstitutional
