the constitution Flashcards
what was the significance of the declaration of independence?
it showed that power was within the people and the government is made to help and power the people.
why was the constitution set up?
it set precise rules regarding relationship between central and state governments and relationship between the government and the governed
when was the constitution signed
1787
what did the constitution enshrine
the principle of the separation of powers
what two ways did the seperation of powers work
federalism and dividing power in the central govt ie. legislature judiciary and executive
what were the bill of rights
10 amendments added in 1789
how can the constitution be amended?
2/3 of the senates must approve, 2/3 of the house of representatives must agree on a proposal and 3/4 of the states must approve
how many amendments have there been since 1789
17
what did the 13th 14th and 15th amendment entail
abolish slavery, equal protection of the laws regardless of colour, right to vote regardless of colour
what consists of the upper chamber in congress
the senate, 100 senators
what is congress
the legislature
what consists of the lower chamber in congress
the house of representatives 435 representatives
what’s the power of the senate entail
legislation, ratification of federal judges, ambassadors, executive appointees and treaties, tries impeachment cases
what do the powers of the house entail
legislation , financial legislation begins, begins impeachment process.
what does the US supreme court exist of
9 justices appointed for life by president
what is the supreme court responsible for
interpreting the constitution
what power does the supreme court hold
overrule congress the president and state legislation and courts
when can the supreme court act
if a challenge is made and has no power to enforce decisions
when is the president elected
every four years and cannot serve more than two terms
what powers does the executive hold
head of state, commander in chief of armed forced, chief legislature recommending bills to congress, presidential veto, oversees budget
what limits does the executive entail
needs support of congress, the supreme court, state fiscal and legislative autonomy, the constitution, the bureaucracy
what does state power entail
elects a governor, own legislature, own court system, own laws, own rules for elections, own police force with jurisdiction in state only
define legislature
identifies the extent which those who make the law and influence the executive branch
define the executive branch
puts law into practice making day to day decisions
define negative rights
limits powers of govt freedom
define positive rights
promise of increased security for citizens
define super majority
support of more than half a countries population or its law makers required
what was the first system of national govt based upon
the articles of confederation
why was power divided between three branches of govt
prevent tyranny and ensure that govt didn’t become over powerful
how did richard neustadt describe this system
separated institutions sharing power
whats a check
each branch of govt plays a part in watching over the work
whats a balance
placing limits upon overall power of govt ensuring it functions effectively and efficiently
give an example of legislative checking executive
rejections of merrick garland 1996 - leg checks exec congress controls funding limiting presidents actions
give an example of executive checking legislative
bush’s 43s SCHIP veto - president vetos legislation passed by congress
give an example of judiciary checks exec
US vs Nixon 1974 - limited president’s power by ordering Nixon to deliver tape recordings and other subpoenaed materials to federal district court
give an example of judiciary checks leg
US v windsor 2103
give an example of exec checks judiciary
obama appoints sotomayor and kagan - president appoints justices to court
give an example of leg checks judiciary
senate rejects robert bork nominated to supreme court
explain codified
all rules and laws in one single document
explain federal
should not affect everyday life
explain popular sovereignty
principle that govt authority comes from the consent of the people it governs
explain limited govt
govt’s power is restricted by laws or a constitution to protect individuals rights
what’s the significance of a codified consitution
every citizen knows their rights, accessible, provides stability and is clear
what’s the significance of federal
power is shared, strong central govt
what’s the significance of popular sovereignty
ensures govt is accountable, empowers citizens to influence law, leadership and policies
what’s the significance of limited govt
protects individual freedoms ensuring govt operates within constitutional boundaries, promotes accountability and rule of law
list the advantages of checks and balances
ensure minority party has rights and exec cannot muscle through congress
raw vitality of consitution
list the disadvantages of checks and balances
system is stuck in state of paralysis
super majority requirement to end debate
only 41/100 senators can block anything
exec branch can dictate terms
how is bipartisanship an effective assessment of checks and balances in the US constitution
party works with another party and must compromise for laws that benefit americans
how is divided government an effective assessment of checks and balances in the US constitution
its what the founding fathers wanted
how is checks and balances having stood the test of time an effective assessment of checks and balances in the US constitution
shows constitution is still relevant to the time society is in
how many checks and balances are rarely used an effective assessment of checks and balances in the US constitution
in effective govt
how is gridlock an ineffective assessment of checks and balances in the US constitution
eventually may force a compromise
how is divided govt an ineffective assessment of checks and balances in the US constitution
senators can block anything
how are checks and balances being overly politicised an ineffective assessment of checks and balances in the US constitution
senate dismissing trumps case without hearing evidence
how are many checks and balances rarely being used an ineffective assessment of checks and balances in the US constitution
means that the system may not be checked as often as necessary
what are the obvious ways in which the bill of rights is out of date
it was proposed after the civil war
how could you argue this really does not matter
there were amendments made to fit it with later societies
how could you use the bill of rights to argue that a death penalty is constitutional
there can be no loss of life, liberty or property without due process
explain how the wording of the 2nd amendment could be open to different interpretations
back then a war was going on and it was for protection .
how do you think the 4th and 5th amendments are supposed to work together
its flexible for future societies
how are ensuring protection of fundamental rights and liberties effective
bill of rights
entrenched
separation of powers
judicial activation
how is allowing for sufficient flexibility effective
9th amendment
how are the fundamental rights and liberties have not always been effectively protected ineffective
outdated
supreme court
how is the fact its too open to interpretation ineffective
supreme court comes with ideologies
how is the fact its too rigid ineffective
hard to pass amendments
only 27
last 1992
how is it possible to propose an amendment
2/3 both house of congress vote
how is it possible to ratify an amendment
3/4 of state legislatures approve
