The Constitution Flashcards
What is a constitution?
An establishment of a countries fundamental rules. It provides a framework for political activity - powers an limitations of those in charge, procedures and rights of citizens. It also establishes how the branches of government interact with each other
What are negative rights?
Rights that limit the power of the government against its citizens (e.g. the right to free speech/association)
What are positive rights?
- Rights that ensure increased security for citizens (e.g. right to adequate healthcare or proper education)
- More controversial compared to negative rights
What belief is key to American political ideology?
Everyman is entitled to rights that the government may not infringe on including the right to life, liberty and pursuit of happiness
How many articles does the US constitution contain?
7
What three branches of government are defined by the constitution?
- Legislature - Congress
- Executive - The President
- Judiciary - The Supreme Court
Which of the first three articles define the structure and power of the 3 government branches?
Article I - Legislative
Article II - Executive
Article III - Judiciary
How many amendments have been passed since 1788?
27
Which article allows for amendments to be passed?
Article V
What 6 characteristics does the constitution have?
- Codified
- Federal
- (has) Separations of power
- (based on) Popular sovereignty
- (ensures a) Limited government
- (has) Judicial review
What does a codified constitution mean ?
The constitution is made up of one document
What does a federal constitution involve?
- A compromise between the power of the central government and that of the states
- Supreme Court has overall say over disputes between the states and central government
A separation of power means….
- Political power is shared between these three branches of government
- The systems are separate but share power
What is popular sovereignty?
The people have the ultimate power in a nation, such as the US, with popular sovereignty
What does a limited government mean?
The government is resurrected in what it can do and individuals and has rights that the government cannot take away
What is judicial review?
- The ability to judge a law as unconstitutional
* This power was given to the Supreme Court under Marbury v Madison in 1803
What is the Supreme clause?
Section of Article VI which states the constitution, tested and federal laws written under the constitution ‘shall be the supreme law of the land’
What are delegated powers?
Powers given to the federal government under the constitution (Articles I - III)
Name the powers and name of the legislature in the US
- The power to right laws
* Congress - composed of the house of representative and senate
Name the powers and name of the executive in the US
- A bit ambiguous, mainly to run country
* President is the most powerful of the executive but a cabinet and Vice President exist
Give the powers and name of the judiciary in the US
• The ability to declare laws or actions unconstitutional
How often are members of the House of Representatives elected?
2 years
What criteria must you meet to become a member of congress?
- 25+ in age
- US citizen for 7 years
- Live in the state they are running for office from
How long is a term in the senate?
6 years
What criteria must you meet to become a Senator?
- 30+ in age
* Citizen for 9 years
How many senators do each state send?
2
What criteria must a candidate fulfil to stand a chance at becoming the president?
- 35+ in age
- US resident for 14 years
- Born in the USA
What are checks and balances?
Powers that each branch of government has over the other 2 branches
What is the point of checks and balances?
To ensure that no one branch of the government becomes more powerful than the other
Name the checks the legislative has over the judiciary
- Create lower federal courts
- Impeach and remove judges
- Propose amendments to overrule judicial decisions
- Approves appointments of federal judges
Name the checks the legislative have over the executive
- Override presidents veto
- Confirm executive appointments (Senate only)
- Ratified treaties
- Can declare war
- Appropriates money
Name the checks the executive have over the legislative
- Propose laws
- Veto laws
- Call special sessions of congress
- Make appointments to power
- Negotiates foreign treaties
Name the checks the executive have over the judiciary
- Appoint federal judges
* Pardon federal offenders
Name the checks the judiciary has over the executive
• Can declare executive actions unconstitutional
Name the checks the judiciary has over the legislative
• Declare acts of congress unconstitutional
Give an example of when checks and balances were used
- Stolen Valour passed 2005 - punished those wearing fake military honours
- 2012 it was deemed unconstitutional as it infringed the First Amendment Right
- Within a month a national database was set up with the name of those who held military honours to allow for it to be a federal misdemeanour to benefit financially form fake honours
- But 2011 Stolen Valour Act died
How can the constitution be changed?
Through adding amendments
What is the name of the first 10 Amendments passes after the civil war
The Bill of Rights
How are amendments to the constitution made?
It must pass through a 2 stage process of proposal and ratification which can both be initiated in 2 ways
In what 2 ways can an amendment be proposed?
- Approval by 2/3 of congress (in both houses)
- 2/3 of state legislatures request a national constitutional convention to be called by congress and then congress passes it by 2/3
In what two ways can the amendment be ratified?
- 3/4 of state legislatures approve
* 3/4 of special state conventions
What method is most commonly used to get amendments passed?
- 26 times - 2/3 congress, 3/4 state legislatures
- 21st Amendment (prohibition repeal) - 2/3 congress, 3/4 special state conventions
- 2 method never used
Give the benefits of the amendment process
- Protects constitution from popular sentiments of the time (e.g sentiments to do with restricting civil liberties after 9/11)
- Protects constitution from political whims and people trying to create a legacy whilst in office
- Works. Keeps the constitution as close to the original as possible
Give the disadvantages of the amendment process
- Takes too long - some states can delay decision for up to 7 years
- Some amendments become null and void (e.g Second Amendment written after civically war and states ‘armed militia)
- Amendments need to protect minorities often fail (e.g the Equal Rights Amendment has never been passed after clearing congress in 1971 but stars delaying ratification - Nevada ratified it in March 2017)
What are some of the strengths of the US constitution?
- Contains checks and balances
- Dictates the Powers and limitations of each branch of government
- Cannot be manipulated by individuals so they can build legacies
- Free from political sentiments of the time
What are some of the weaknesses of the US constitution?
- Checks and balances lead of grid lock if Congress and President are not of the same party
- Hard to amend and thus fails to keep up with new technology
- Fails to keep minorities safe due to slow amendment process
- In theory equal power to the Supreme Court which is not elected
Give the two definitions of federal
- The power is spread between the states and a central government
- The name given to the top layer of government (President, Congress, USSC), the federal government
Define the difference between the three types of governing
- Federal - federal government and states authority comes from the people
- Unitary - local and regional governments derive authority form the central government
- Confederation - central government derives form the states
What was the Connecticut compromise?
The House of Representatives following then Virginia Plan and the Senate following the New Jersey Plan
What was the problem with the Connecticut Compromise?
It has lead to an unending argument about how much power the states and federal government should have
How do the states operate?
- Each have own identity and and entities to ‘self govern’
- Have control of everything that is not included in Congress’s enumerated power
- Make laws and oversee spending in areas they control (usually day to day things)
- Free to decide how their own government operates
- There is a significant difference between the way states operate which is seen as a good thing
Name some of the key enumerated powers held by congress
- Lay and collect taxes
- Provide for the common defence and welfare of the USA
- Regulate commerce with other nations and amongst the states
- Declare war
What is the elastic clause?
- It states Congress can ‘make all laws which shall be necessary and proper for carrying into execution the foregoing powers’
- Gives Congress the means to control laws that affect or can fall under the enumerated Powers
What did the Tenth Amendment do?
Clarify that any powers not given to Congress belong to the States
What other rights do the states have?
- Electoral college allows states to chose the method of election
- States send 2 Senators to serve
- Article IV promises that state boundaries cannot change without the states consent
- 3/4 must agree for an amendment to pass the ratification process
How has the meaning of the word federalist changed?
- It used to mean someone who wanted the power of the central government to be large
- Now means someone who wants the states to have more power
How does duel federalism work?
4 essential parts
• Federal government operates only under the enumerated Powers
• Federal government limited to constitutional purposes
• Nation and state are sovereign within its own sphere
• Tensions waits between the nation and states and this is accepted
How does co-operative federalism work?
3 essential elements
• National and state agencies typically undertake government functions jointly rather than exclusively
• Nation and state routinely share power
•Power is not concentrated at any government level or agency. The fragmentation is responsibility gives people and groups access to many
Venues of influence
What event lead to the establishment of co-operative federalism
Franklin D Roosevelt’s New Deal following The Great Depression
How does New Federalism work?
Focuses on the idea of returning more power to the states and reducing that of the federal government
Who created the term?
President Nixon in the 1970
Principal been used by all republican presidents (and Bill Clinton) since
How do the federal maintain power over the states?
Economically through
• Grants in aid
• Categorical grants
• Block grants
How do grants in aid work?
They are grants used to finance state progress but come with strict guidelines (‘strings attached’)
How do categorical grants work?
- Grants given for very narrow purposes and to be used in specific ways such as health care or education
- An example is education money given to states following the 1964 Civil Rights Act and desegregating schools
How do block grants work?
Blocks of money given to states to spend within broad congressional guidelines
How did Nixon begin to revert back to dual federalism/start new federalism?
- Established An inter-agency Committee In revenue sharing (using block grants more). Proposed in August 1969
- Revenue sharing proposal enacted in 1972 under the “State and Local Fiscal Assistance Act
- Gave block grants to law enforcement and man power training
- Aims failed badly due to both houses being ran by the Democrats
What was federalism like under Bush?
To be filled
What was Obama’s approach to state v federal government power?
To be filled
