The Constitution Flashcards

1
Q

What does article 1 of The Constitution set out?

A

All legislative powers granted shall be vested in Congress, which will be split into a Senate and the House of Representatives.

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2
Q

What does article 2 of The Constitution set out?

A

The Executive power should be vested in the President.

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3
Q

What does article 3 of The Constitution set out?

A

The Judicial power of the US shall be vested into a Supreme Court.

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4
Q

What does article 4 of The Constitution set out?

A

Deals with the relationship between the States and the Federal Government.

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5
Q

What does article 5 of the Constitution set out?

A

Sets out the process of making amendments.

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6
Q

What does article 6 of the Constitution set out?

A

Various things such as the Supremacy Clause.

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7
Q

What does article 7 of the Constitution set out?

A

Sets out the Ratification proceedure.

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8
Q

In what way is the constitution both vague and precise?

A

There are both informal and informal powers.

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9
Q

What does the First amendment set out?

A

Protects freedom of Religion, Speech, press and assembly as well as the right to petition the government.

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10
Q

What does the Second amendment set out?

A

Protects the right to keep and bear arms.

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11
Q

What does the Fourth amendment set out?

A

Sets out the requirement for Search based warrents.

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12
Q

What does the Fifth amendment set out?

A

Ensures the right to a free trial.

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13
Q

What does the Seventh amendment set out?

A

Right to a jury in a trial.

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14
Q

What does the 8th amendment set out?

A

Protections against cruel and unusual punishments.

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15
Q

What does the 10th amendment set out?

A

The rights of individual states.

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16
Q

What does the 12th amendment set out?

A

The President and Vice-President must run the election together, the runner up will not become the Vice-President.

17
Q

What does the 13th amendment set out?

A

Abolishes slavery and involuntary servitude unless punishment for a crime.

18
Q

What does the 14th amendment set out?

A

Further builds upon the 13th amendment and defines citizenship.

19
Q

What does the 15th amendment set out?

A

Protects against the denial of the right to vote.

20
Q

What does the 16th amendment set out?

A

Allows congress to levy taxes without the permission of individual states.

21
Q

What does the 17th amendment set out?

A

Sets out the direct election of US senators by the Public.

22
Q

What does the 19th amendment set out?

A

Prohibits banning the right to vote based on sex.

23
Q

What does the 22nd Amendment set out?

A

Limits the number of terms that a President can serve to two.

24
Q

What does the 26th Amendment set out?

A

Protects the right of people aged 18 and over to vote.

25
Q

Give three examples of proposed amendments that have failed to pass?

A

2003 Equal Opportunity to Govern Amendment - Proposed by Orrin Hatch it aimed to allow naturalised citizens to run for President, 20 years or more.
2006 Flag Desecration amendment - one of six attempts to ban flag desecration during the Bush Presidency 66-34 votes in the Senate.
2017 Balanced Budget amendment - The amendment failed to reach the 34 required for a convention and was ultimately seven States off.

26
Q

What are the legal consequences of Federalism and give two examples?

A

Every State has the right to create their own laws leading to massive variety on things such as the death penalty and drug decriminalisation.
For example Oregon allowed the sale of recreational Cannabis in 2014 and even allows up to 4 plants to be grown in private homes.
In 2021 Virginia banned the death penalty making it the first Southern State to do so.

27
Q

What are the policy consequences of Federalism and give 2 examples?

A

States often end up trialing a policy before the Federal Government implement it nation wide.

For example In California the offence of Jaywalking is now only implemented if a reasonable person sees and obvious risk of danger as set out in House bill 2147.

Meanwhile in Oklahoma unemployment benefits have been cut from 26 weeks to just sixteen weeks according to bill 1933.

28
Q

What are the consequences of Federalism on Democracy?

A

States have the power to organise their own local elections for example they control their own primaries - this leads to each major party having a smaller sub party in each state.

In 2024 a law was passed in Texas which consolidated polling booths in order to make it less complicated however, some have argued that this would make it harder to vote due to queues.

In Michigan voters now get an extra 9 days to vote early as well as expanding the use of mail in ballots.

29
Q

Economic consequences of Federalism?

A

Income tax is levied by individual States and sales tax can even vary in-between cities.

Republican states such as Tennessee and Florida have no income tax.

Democratic states such as Washington which has an income tax of 7% tend to have higher levels of income tax.

30
Q

What are the regional consequences of Federalism?

A

It has led to distinct cultures, dialect, religious beliefs and ideologies developing from state to state.

For example the State of Utah is 55% Mormon which is exceptionally high compared to other states.

The bible belt is a notoriously christian area of the Southern US. Whilst in states in New England such as Vermont only 33% of people identify as religious.

31
Q

What are the arguments for the US constitution working?

A

Has created a good balance between a strong national government and and state government diversity.

The text has been adaptable to changes in US society.

The demanding process to make amendments has prevented frequent and ill advised amendments.

Rights and liberties of Americans have been protected.

The power of judicial review granted to The Supreme Court have made it even more adaptable through interpretive amendment.

32
Q

What are the arguments against the US constitution working?

A

The Constitution is too negative giving those who oppose change too much power.

Some aspects of it make little sense in todays society such as the electoral college.

It is too difficult to make amendments and therefore prevent change to parts that are no longer applicable and or add things that the majority may desire.

Some parts of it do not work as the founding fathers intended e.g. war.

Power of Judicial review gives too much power to The Supreme Court with unofficial amendments.