The Constitution

Question 1

What is a constitution?

Answer 1

-System of rules which describe the structure and powers of the govt
-Outlines the relationship between the three branches of govt
-Outlines relationship of govt and its citizens

Question 2

What are the three branches of govt?

Answer 2

-Legislative > Congress > creates federal laws
-Executive > President and executive office
-Judiciary > Federal Supreme Court

Question 3

What type of state is the US?

Answer 3

Federal

Question 4

What is a federal state?

Answer 4

-Each state have their form of govt
-Each state lends power to the federal govt

Question 5

What is the History behind the constitution?

Answer 5

• 13 colonies were ruled by British George III
• Americans had to pay British taxes but had no MPs in parliament
  -Eventually, American colonies wanted independence so declared this in The Declaration of Independence
  -War of Independence 1776-83
  -Once the states won they set up a confederacy so each state had its power

Question 6

What is a Confederation?

Answer 6

-Political system which there is a loose alliance of self-governing states, with a weak central govt to bind them all together

Question 7

Why were their economic problems with the articles of confederation?

Answer 7

-Congress had no power to lay or collect taxes > Govt were always short of money
-Congress had no power to regulate interstate or foreign trade > Economic quarrels among the states - difficult arranging trade

Question 8

What were the legislative problems with the Articles of confederation?

Answer 8

-Congress had no power to enforce its laws > Govt depended on the states to enforce the law
-Approval of nine states was needed to enact laws> difficult to enact laws
-Amendments to the Articles required consent from all 13 states > no practical way to change the powers of govt

Question 9

What were the Judicial problems with the Articles of Confederation?

Answer 9

-No national court system > central govt had no way of settling disputes among the states

Question 10

What were the executive problems with the Articles of Confederation?

Answer 10

-No executive branch in govt > No effective way to coordinate the work of the govt

Question 11

When was the Philadelphia convention?

Answer 11

1787

Question 12

What happened at the 1787 Philadelphia convention?

Answer 12

-George Washington presided over it
The aim was to revise the Articles of the confederation with the decision to scrap them
-This was all done in secret
-Problems with small-population states (New Jersey) and large-population states(Virginia)
-New constitution written by the delegates > founding fathers

Question 13

What emerged out of the problems with the small population states ad large population states within the democratic process?

Answer 13

-Connecticut compromise

Question 14

What was the Connecticut compromise?

Answer 14

-provided a basis of agreement surrounding large and small populated states
-Proposed a bicameral legislature
-Resulting in the United States Senate and House of Representatives

Question 15

What ideas is the constitution built on?

Answer 15

-Governing not Democracy > fear of too much power to the people
-Formed based on liberalism > feared authority so, therefore, had the separation of powers
-Open to interpretation over time due to its vagueness

Question 16

Is the American constitution Codified or Uncodified?

Answer 16

-Codified > entrenched > hard to change

Question 17

What powers do the states have due to having a federal govt?

Answer 17

-States exercise sovereign authority over many important issues > sentencing > death penalty in some states
-Different states have different rules and regulations
-power of legalisation of abortion > 2023 Roe V Wade
-Individual states cannot be suspended or abolished

Question 18

What does a federal Constitution create?

Answer 18

-Limited govt

Question 19

Why is the Constitution Specific and Vague?

Answer 19

-Specific > explicitly stated powers
-Implied powers > not specifically states
-checks the power of the president
e.g federal power to draft people into the armed forces is implied due to congress’s power to raise an army

Question 20

What does Article I of the constitution relate to?

Answer 20

Congress (Legislature)

Question 21

What does Article II of the constitution relate to?

Answer 21

The Executive

Question 22

What does Article III of the constitution relate to?

Answer 22

The Judiciary

Question 23

What are reserved powers?

Answer 23

The federal govt do not have > only states
- Individual state laws > different electoral systems within states

Question 24

What are concurrent powers?

Answer 24

-Powers > both state and federal govt
-Taxed by federal govt and state

Question 25

What is the Highest law in the USA?

Answer 25

-The Constitution> has legal authority
-All laws are judged against the Constitution

Question 26

How can laws be “struck down” by the Supreme Court?

Answer 26

-as a law can be deemed as unconstitutional

Question 27

What is a Strict constructionist?

Answer 27

-Interpret the Constitution as how it was written at the time it was written

Question 28

What is a loose constructionist?

Answer 28

-Open to interpretation of modern-day circumstances of the Constitution
-See it as a living document

Question 29

Why is the Constitution entrenched?

Answer 29

-Not easily changed due to the complex amendment process

Question 30

Why was the Separation of powers intended in the constitution?

Answer 30

-Due to the hardships faced under the rule of Britain
-So that the institutions can “check” and “balance” the power of one another
-Enhances limited govt > Power cannot be held by one person

Question 31

What is the intention behind representative govt?

Answer 31

-Not representative democracy
-Due to the Connecticut compromise
-House of Senate reflects this
-Bill of rights was an after thought

Question 32

What is significant about the Elastic clause in allowing the constitution to be specific and vague?

Answer 32

-means you can interpret it as far as you want about representative govt
-allows constitution to develop over time

Question 33

What is a weakness in the vagueness and specific’s?

Answer 33

-Vagueness > frustrating
-long march to democracy as intended to be a representative govt
-Reluctancy to change firearm laws > NRA (National rifle association) > influential and powerful in politics

Question 34

What is Judicial review?

Answer 34

-Grants SC the power of interpret the constitution and declare laws or active actions either lawful or unconstitutional

Question 35

Who are SC Justices appointed by?

Answer 35

-The president of the day

Question 36

How many Justices are there and how long do they hold their position?

Answer 36

-9 justices
-Hold positions for life

Question 37

what is the current scene with the Justices?

Answer 37

-6 are strict constructionists > Trump appointed three
-Trump appointed relatively young judges > longer period in SC

Question 38

Is Judicial review specifically mentioned in the Constitution?

Answer 38

-No > from a precedent set in 1803 in the case of Marbury v Madison > raised doubts over sovereignty
-Judges gave themselves more power to interpret laws

Question 39

What has Judicial review led to in the Judiciary?

Question 40

What is the constitution meant to promote between the different branches?

Answer 40

-The cooperation and compromise
etc Senate was meant to calm the passion and populism of the house

Question 41

What does Gridlock do?

Answer 41

-Hard to pass laws
-Govt shuts down e.g 35day shutdown between dec 2018 and jan 2019 over Trumps budget conflict for building the wall
-More relevant when a President is a different party to congress

Question 42

What is a trend in congress during the Presidential terms?

Answer 42

-Congress at the start > agree with the president
-By the last two years > congress moves away