The Constitution Flashcards
When was the constitution created?
1776
What are the principles of the US constitution
- Limited gov
- Seperation of powers
- checks and balances
- federalism
What are features of the US constitution
- codified
- entrenched
- vague
- bipartisanship
What does limited government mean?
-Founding fathers didn’t want a government bigger then what was necessary, limiting its powers through seperation of powers and checks and balances
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What does seperation of powers mean
-Entirely separate branches of government
- executive, legislature, judiciary
- ‘ineligibility clause’ limits power in article 1 of the constitution
What does checks and balances do
Ensured that each branch of government had the power to oversee the other two
What does federalism mean
Shared sovereignty, federal gov has authority over some aspects of political life while states remain sovereign over others
How is the US constitution entrenched?
Document is protected by law, so difficult to amend.
- protected through article V, cannot be amended frequently and can only be changed in response to an emerging need
What are enumerated powers
Powers specifically and explicitly written down in the US constitution
Give examples of enumerated powers
- powers written down in the constitution
- outline specifiallly the power a branch can exercise
-article 2, president to be commander in chief - presidential veto, power of the pardon, treaties, appointments
What are implied powers?
Powers not specifically granted in the US constitution
Give examples of implied powers
- electoral mandate, executive orders, forming a cabinet
What is bipartisanship and give an example of when there has been bipartisanship
cooperation between dems and republicans eg: Bush, who was republicans received bipartisanship support on no child left behind act 2002
In what scenario can an amendment be made to a right entrenched in the constitution?
-First must go through a proposal stage then a ratification stage
-2/3 majority required in both houses of congress, then ratified by 3/4 of state legislatures
- only 27/12,000 have passed through this process, 16 since the bill of rights in 1791
What are disadvantages of the formal amendment process
- difficulty in ensuring constitution remains up to date, created in 1791 and entrenched, doesn’t reflect the change in society
-ignores minority interests, need 2/3 - outdated aspects still exist
- power given to Supreme Court
What are advantages of the amendment process
- received broad support
- prevents short lived trends becoming amendments
- protects constitution and principles of the US
- protects tyranny of large states and single parties
What are the roles of the Legislative branch
( congress, senate, house of reps)
- set and collect taxes
- borrow money on behalf of USA, regulate foreign commerce
- establish rules of citizenship
- declare war and set up an army
- set up courts under the supreme court
- make laws necessary and proper
What are the roles of the judicial branch
( Supreme Court, other federal courts)
- rule on issues arising from the constitution on conflicts between 2 or more states, or between the federal and state government
What checks do congress do on the president
- write legislation, they can amend, delay and reject eg: delayed funding for trumps wall on Mexico, only built 100 miles despite border being 2000 miles
- veto override, congress can override a president veto with 2/3 in both houses, eg: of Bush’s 12 vetoes, 4 were overridden.
- power of the purse, prevents president spending without consent, use appropriations bills from house of reps which senate then vote on, amend.
- dec of war, congress only branch who can declare war, used 11 times
- impeachment, for someone to be found guilty, 2/3 majority is needed, Clinton 1997, trump 2019,21
- ratification of treaties: treaties negotiated by a president need a 2/3 majority in senate to be approved, senate has rejected 22 in its time
Ratification of appointments: president appointments are subject to senate advice and consent
Checks by congress on the supreme court
- impeach justices, has happened 15 times, 8 been guilty eg: Thomas Porters found guilty of bribery and false accusations 2010
- propose constitutional amendments, a ruling by Supreme Court can be overturned, happened in 1916
- creation of lower courts: known as jurisdiction stripping. Congress has power to create lower courts and regulate supreme courts role in hearing appeals from lower courts
- ratify judicial appointments: can change the balence of the court, eg: Amy coney Barret was approved 52-48, all democrats rejected but all republicans were in favour
What checks does the president carry out on congress
- suggested legislation, in annual state of union, will propose legislation
- sign/veto legislation, trump vetoed 10 times in 2016
- commander in chief of armed forces: decides on stationing and movement of troops
What’s checks does the president carry out on the judicial branch
- power of the pardon, excusing someone for a federal crime, eg: trump has pardoned over 1000 for riots over Biden election success
- nomination of judicial appointments: eg, trump nominated Amy coney Barret just before 2020 election leading to a conservative majority over the court
What checks does the Supreme Court carry out
- judicial review, rule whether acts by congress for president are constitutional
What are constitutional requirements to be in the government office (work in government)
- 35 years old to be president, natural born US citizen and resident for past 14 years
- in senate have to be 30, citizen for 9 years, inhabitant of state they want to represent
- 25 in house of reps, US citizen for 7 years, inhabitant of state they want to represent
What are the characteristics of federalism
- sovereignty is shared between a central government (federal government) and the individual states, each having their own specific rights
How does a federal system work
-power of states protected by constitution, amendments to state power can only be made possible with a 2/3 majority consent from all of the states
- all states have equal level of power, free to set their own tax rates or determine electoral rules
- constitution initially intended the federal government to limit its powers to foreign policy and coining money but its power has grown over the years
Why has federalism adapted over the years
- westward expansion, 13 states to 50
- population growth, 4 million in 1790-275 million in 2000
- industrialisation
- key events, such as the depression 1929 forces federal gov role to increase
What is dual federalism
(1790-1930)
- states and federal gov were co-equal and had distinct areas of policy over which they had power. States undertook most of the governing supported by Supreme Court rulings
What is co-operative federalism
(1930-1960)
- mostly democratic presidents eg JFK, Roosevelt, Truman
- greater do-operation over policies which had been traditionally directed by states themselves as federal government expanded after events such as Great Depression, ww2, cold war
What is new federalism
(1970-2000s)
- presidents such as Nixon, Reston, bush, Clinton, mostly republicans
- shift back to state power, large increase in block grants to states
How was Federalism under Trump in 2017-21
- state power development: executive order minimising economic burden of PPACA- reversing Obamacare and giving states more control
- federal power development: The ‘Cole memo’ - new attorney general sessions rescinded the Cole memo, saying law enforcement would enforce national marijuana prohibitions
How was federalism under Biden
- state power development: covid 19 rules, each state had own response to pandemic
- federal power development: build back better plan, 3 part plan including vast spending on Covid 19 recovery, infrastructure, social security
