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american politics > the constitution > Flashcards

the constitution Flashcards

1
Q

what does codified mean?

A

written in a single document

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2
Q

when was the constiution put into force?

A

It was ratified in 1788 and came into force in 1789

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3
Q

what is the structure of the US constitution?

A

It consists of seven articles and 27 amendments

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4
Q

what does entrenched constitution mean?

A

cannot be changed without a supermajority (2/3 of votes in congress)

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5
Q

Article V

A

entrenches the US constitution, requiring a supermajority to to change amendments or a 3/4 majority in ratifying convention of the states

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6
Q

What is the bill of rights?

A

the first 10 amendments to the constitution

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7
Q

enumerated powers

A

powers that are explicity given to each branch of government

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8
Q

implied powers

A

allow congress the freedom to make necessary laws and to use powers that the founders had not thought of

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9
Q

give an example of enumerated powers

A

power to tax citizens, power to issue a currency

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10
Q

give an example of an implied power

A

regulation of the sale of substances and the banning of the sale of other substances, such as drugs

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11
Q

Article I

A

grants all legislative powers to congress

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12
Q

Article II

A

grants executive power to a president who sits for a term of 4 years

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13
Q

Article III

A

grants judicial power to the supreme court and smaller courts

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14
Q

Articles IV

A
  • all states have to respect the laws of other states
  • all citizens of states should be treated fairly and equally in all other states
  • all states should have a government rather than king
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15
Q

Article V

A
  • sets out the process to amend the constitution
  • require 3/4 state and supermajority in both chambers
  • Or through constiutional convention
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16
Q

what is constitutional convention?

A

where amendments are proposed and amendments are then ratified by 3/4 of the state legislature

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17
Q

article VI

A

contains the ‘supremacy clause’ which makes the constitution the highest law in the USA
- “no religious test shall ever be required as a qualification” for public office

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18
Q

Article VII

A

outlines the ratification process for the constiution to be put in place

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19
Q

what is the amendment process?

A
  • supermajority (2/3) of both houses have to vote
  • 2/3 of states can call a constiutional convention
  • require support of 3/4 of states
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20
Q

first amendment

A

right to freedom of speech and religion

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21
Q

second amendment

A

right to bear arms

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22
Q

fourth amendment

A

right to not have “unreasonable searches and seizures”

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23
Q

8th amendment

A

the right to have cruel and unusual punishments

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24
Q

what are the advantages of the amendment process?

A
  • makes it hard for any one group or populist movement to amend it
  • protects small states rights
  • protects the key principles the founding fathers intended
25
Q

AO2: give an example of a president trying to amend the constiution

A

Donald trump tweeted he could end birthright citizenship with an EO but this is not possible

26
Q

what are the disadvantages of the amendment process

A
  • the fact that each state has an equal say in the ratification process means that some populations are overrepresented and some underrepresented
  • 13 states can block the will of the people
27
Q

AO2: ERA being blocked

A

feminist groups have been trying to introduce an Equal Rights Amendment since 1921, it has received a supermajority but been blocked by small group of conservatives refusing to ratify the amendment

28
Q

what is federalism?

A

power is divided between the federal government and state governments

29
Q

which articles set out federalism?

A

articles I-VI

30
Q

arguments that federalism is effective

A
  • each state has its own working government
  • states have the power to ratify amendments to the constiution
  • protection, rights and taxes differ in many states
31
Q

AO2: Oregon

A

Oregon does not have a sales tax

32
Q

arguments that federalism is not effective

A
  • the powers given to the federal gov v the states is the vaguest area of the constitution
  • most states do not have year-round legislatures so don’t have the ability to create law year-round compared to congress
  • congress can issue mandates that the state gov has to follow
33
Q

AO2: example of separation powers

A

Obama and Biden had to give up their seats in the senate when elected as President and VP

34
Q

how can president veto be overrid?

A

president can choose to veto a law passed by congress but if congress has a supermajority they can overide it

35
Q

AO2: examples of presidents vetos being overturned

A
  • congress overides obamas veto of 9/11 bill
  • congress overide trumps veto on the defence bill (NDAA)
36
Q

‘power of the purse’

A

initiate money bills

37
Q

what powers do congress have?

A

declare war, overide presidential veto, power of the purse, and give advice and consent on executive appointments

38
Q

what powers does the executive have?

A

power of presidential veto, executive orders and make executive appointments

39
Q

AO2: which president used the most vetoes?

A

President Roosevelt with 635

40
Q

AO2: Biden’s first veto

A

Biden veto an ESG bill that would have negatively impacted pensioners and retirers

41
Q

what powers does the supreme court have?

A

can declare laws and executive actions as unconstitutional

42
Q

arguments that checks and balances are effective

A
  • EO can be nullified by congress
  • SC is able to strike down laws as unconstitutional
  • recent attempts of the executive to change the SC for easier passing of legislation has been blocked
  • president is unable to fire judges
43
Q

arguments that checks and balances aren’t effective

A
  • the president is the leader of the party so has power over legislative agenda
  • legislation is slow to pass, gridlock is common
  • increased use of EO has bypassed the legislative process, concentrating power in the hands of the president
43
Q

how is the appointment process for the judicial branch seen as ineffective

A
  • the president can appoint judges for political gain
  • if one party has a majority in the senate they can deny a nominationor refuse to hold confirmation hearings
  • judges may not adequately check the actions of an executive they support
44
Q

AO2: example of a refusal of confirmation hearings

A

the senate under majority leader Mitch McConnell in 2016 refused to hold confirmation hearimgs of president obamas nominee merrick garland

45
Q

examples of bipartisanship

A
  • In the 1960s the two parties worked together under Lyndon B Johnson, Democrat, and in the 1980s under Reagan, Republican
  • In 2010 ‘dont ask, dont tell’ was repealed by a bill that was sponsored by a group of republicans and democrats and supported by a group of republicans who votes with the democrats
46
Q

arguments against bipartisanship

A
  • when there is a divided government the need for bipartisanship has caused many problems
  • As political parties have become more polarised in recent years it has become more difficult to reach compromise agreements meaning much less legislation is passed and occasionally the government has had to temporarily shut down.
47
Q

how is the government limited?

A
  • separation of powers and system of checks and balances were put in place to restrict the power of the federal government
  • the codification and entrenchment of the constiution prevents the government from imposing their will on the citizens
  • the addition of the bill of rights also limited the power of government by protecting the rights of the individuals and the states
48
Q

arguments that limited government is effective?

A
  • the SC has often struck down legislation on the basis that it imposes on the rights of citizens as set out in the bill of rights
  • checks and balances and divided government has often prevented or diluted soical reforms by the democrats that would expand the powers of the federal government
49
Q

arguments that limited government isn’t effective

A
  • conservatives and libertarians argue that the government has gotten too ‘big’ as it has expanded its role in economic and social policy
  • federal government has grown too large and has power over the states than the founding fathers originally intended
50
Q

Dual Federalism

A

period between the founding of the USA as a republic (1780s) up until the 1920s and 1930s. The states had strong rights so the president and federal gov had less power

51
Q

cooperative federalism

A

a period from the 1930s to the 1960s when the federal government’s powers over the states increased > new executive departments were created that power over specific areas and grants with specific purposes were increased

52
Q

new federalism

A

a movement of power back to the states from central government (1970-1990)

53
Q

AO2: what did obama do with healthcare

A

states were allowed to choose their own policy directions , (e.g legislation of cannabis in some states) but only when this suited the aims of the obama administration

54
Q

what are the powers of the federal government?

A
  • exclusive power to rpint money and declare war
  • can choose how much power it has over states
55
Q

what are state powers?

A

exclusive powers held by states

56
Q

give some exmaples of state powers

A
  • right to issue licenses for marriages
  • ratify amendments to the constiution
  • conduct elections
57
Q

what are the shared/concurrent powers between federal gov and states?

A

power to levy taxes

american politics (4 decks)

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