The Constitution

Question 1

When and where was the Constitution made

Answer 1

Philadelphia Convention - 1787

Question 2

What was the Connecticut compromise

Answer 2

Compromise between a Congress based on states and one based on their populations - hence the Senate and House of Reps

Question 3

Constitution’s broad principles - 5

Answer 3

Limited gov
Separation of powers /+ checks and balances
Bipartisanship
federalism

Question 4

Nature of the Constitution - 2

Answer 4

Codified, entrenched and vague

Question 5

What two types of powers stem from vagueness of the Constitution

Answer 5

Implied and enumerated i.e. implicit vs explicit

Question 6

Where is the key clause that gives Congress implied powers

Answer 6

Elastic clause in Article 1 - Congress can make all “necessary and proper laws” it needs to in order to fulfil its enumerated pwoers

Question 7

Outline of how to amend the Constitution - only way that has been used

Answer 7

Supermajority in Congress then ratified in 3/4 of states

Question 8

How many proposals have there been to amend- how many have passed

Answer 8

12,000 - 2

Question 9

When was the Bill of Rights? What did it do

Answer 9

1791 - 10 amendments to protect personal freedoms i.e. freedom of speech, to trial, protection of unenumerated rights

Question 10

Amendments increasing voting rights - (17, 18, 24, 26)

Answer 10

17 - Senators are elected by a direct vote
18 - women to vote
24 - can’t bar anyone from voting (helped minorities)
26 - Voting age lowered to 18

Question 11

Does amending the Constitution work well? 3 points to consider

Answer 11

Does it help democracy, producing well thought out + supported amendments that uphold principles like federalism + consideration of ‘judicial amendments’

Question 12

Amendments create a modern Constitution +/-

Answer 12

+ Prevents trends that may fizzle out - i.e. 18th/21st Amendments were embarrassing for lawmakers - Constitution is timeless + enduring… only once in 200 years is impressive. To be most modern is to give up to lawmakers of the day - elastic clause + enumerated rights let Congress and the executive function… no need for excessive amendments to hinder this process

• Many, modern amendments will fail at the hands of smaller, likely Republican states. Same problem in Congress means many laws will not reflect modern day life i.e. stricter gun controls, abolish capital punishment and campaign finance reform (often proposed =/= sponsored)

Question 13

Amendments are well thought out with large support

Answer 13

+ Need 3/4 in states plus Congress so must appeal to a broad base - meaning they will be both popular and actionable. Keeps it relevant and stops one large party from changing future generations, esp. because it is so respected i.e. balanced budget is most common amendment but failed. + rational. need to convince a lot of people

• Need so much support they never get anywhere. Tyranny of the minority (Equal Rights Amendment) means only 27/11000 have got anywhere. Support is likley biased towards the status quo + can lead to minority being ignored due to requirement to get 75% of the vote. Finally

Question 14

Amendments adhere to principles of the Constitution (is this good)

Answer 14

+ Protects federalism as the framers intended by requiring states as well as the federal gov. to approve. Massive separation of powers + checks and balances are overcome in order to pass this - adhering to the wishes of the Constitution. Hence gives power to the Supreme Court as the most up-to-date interpreter of laws and the Constitution, further separating powers in the meantime?

• Sticking to these principles comes at the costs mentioned above - like modernity and a lack of change. Handing over more power to an unelected and increasingly judicially active Court may not be the best?

Question 15

When was the Equal Rights Amendment first introduced

Answer 15

1923 - banning discrimination by gender

Question 16

How many states signed it before the ratification deadline expired - and then what happened under President Trump

Answer 16

35 - three short of the deadline. Passed the threshold after Trump was elected but the deadline had passed + some states had attempted to repeal their support. Would have positively protected women’s rights

Question 17

Judicial amendments help the amendment process +/-

Answer 17

Essentially interpretations that amend the Constitution so significantly it is considered an amendment i.e. Constitutional right to abortion + campaign financing.
Can be argued to be good for thee amendment process as these are quicker and so more modern, not defeated by a minority of states but rather according to the rule of law

However, the way in which they are set up is very politically driven, by constitutional philosophy and politics hence Dobbs vs Jackson. Lead to the opposite of before which is potentially as damaging as they cahnge the most fundamental laws quickly.

Question 18

What are concurrent powers
3 good examples

Answer 18

Ones under the control of both state and federal governments
Taxes, constitutional amendments/ laws, and establishing courts

Question 19

Key state powers

Answer 19

Holds its own elections, regulates intrastate commerce, runs its local legislatures and controls everything not specifically delegated to the federal government as per the bill of rights

Question 20

Key federal powers

Answer 20

Money, national and interstate trade, foreign policy and foreign/ armed policy

Question 21

Rough definitions of dual, cooperative and new federalism

Answer 21

Dual - both branches had unique policy areas that they presided over, most day-to-day governance is undertaken by states
Cooperative - Followed the Great Depression and saw states become much more cooperative on issues they had held primacy over due to expansive employment programs and welfare provision
New - Nixon and Clinton looking to “roll back” the federal government’s power and return it to the states

Question 22

Which way has federalism shifted recently - for an essay

Answer 22

Financially - federal government retains large powers but socially and on other issues like climate there is a shift towards sate powers

Question 23

Financial federalism - where is power

Answer 23

States -
States can vary an income tax (0% in some) + spend on their own welfare states or no
Set and vary VAT and other levies i.e. no state taxes in New Mexico for those over 100
Massachusetts introduced the 1st universal healthcare program - mandating employers to pay a “fair share”

Federal - All citizens pay federal income taxes and welfare programs like food stamps are nationwide
Much of a state’s funds come frum the federal government and even more during emergencies i.e. Ron DeSantis being friendly with Biden after recent hurricane hit Florida.
Many federal grants may be hypothecated for certain areas such as infrastructure
Recent bills like IRA will pay trillions in the next decade for green investments - overriding local schemes and essentially controlling national industrial policy - sidelines state governments

Question 24

Social issues federalism - where is the power (abortion + marijuana)

Answer 24

States - recent return to states power with Dobbs vs Jackson WHO granting abortion rights to be determined in state hence many trigger laws and harsh penalties - even prosecuting those who leave the state to get an abortion + recent mifepristone argument could further this.
Obama’s Cole memo effectively granted state rights to marijuana legislation and continued again under Biden - legal in 22 states by ballot initiative or state legislature
Neither of the above explicitly stated in the constitution – so follows the Bill of Rights and protects federalism
Where there is a clash - federal government may have to rely on federal enforcement to enforce these things which is costly and often unfeassible hence giving states power when there is a clash on opinions i.e. Trump rescinding the Cole memo vs its legalisation

Federal gov. - May be able to exert more power if there wasn’t such gridlock i,e, Biden saying he wants to federally allow abortion will never pass given the current divided government - he is a “lame duck”… much more clunky and difficult to pass laws + not necessarily under the Congress’ mandate as Supreme lawmaker outlined in Article 1

Question 25

The Climate and electoral regulation - where does federalism lie

Answer 25

States - Very recently have seen a return to power on the environment due to the Supreme Court striking down the EPA’s authority on controlling state by state emissions - as well as the kind of waters it can regulate (May 2023)
California and others operated a cap-and-trade scheme due to Obama’s federal law being struck down - shows states taking control when the government can’t decide
Also saw state regulation potentially maintaining democratic outcomes when Georgia’s secretary of state denied finding Trump 11770 extra votes.

Federal gov. - EPA is a federal agency and has seen large powers since it was established by Nixon in 1972 (New Federalism). Used by Trump to strike down better car emission standards in California - until Biden came back. Biden has paused new devlopments on public land and Obama issuing executive order against keystone xl + joining and leaving Paris agreement
IRA is massive green subsidy and policy + states’ voting rights have been reigned in by Constitutional amendments + John Lewis Voting Rights Act could bring federal enforcement in if it ever passed

Question 26

Is federalism an effective feature today

Answer 26

Financial/ welfare state issues - Small role but ultimately federal government controls most funds and projects so will naturally take the upper hand
Climate - States are seeing increasing power but federal gov. has set national baselines and controls foreign climate treaties + aid so mainly with them
Other social issues - recent rise, backed by the SC, gives power to states more and more - reliant on SC interpretations

Question 27

Is the Constitution fit for purpose - 3 themes and clash points to consider

Answer 27

Amendment process
Checks and balances // Gridlock + rise of SC
Separation of powers + federalism // representation + electoral college is flawed