The Constitution

Question 1

S.E. Finer on separation of powers

Answer 1

‘Like two halves of a bank note - each useless without the other’

Question 2

Checks by the Courts

Answer 2

Declare a law unconstitutional - (eg. Shelby County v Holder 2013 struck down VRA 1965)

Declare the President’s actions unconstitutional - (Eg. NLRB v Noel Canning - Obama 2014)

Question 3

What did the Founding Fathers want regarding Federalism?

Answer 3

For limited government, whereby the federal government is limited to that which is necessary for the common good of the people.

Question 4

Example of entrenched nature of Constitution

Answer 4

Difficult amendment procedure

Question 5

Neustadt on separation of powers

Answer 5

[The Constitutional Convention] ‘created a government of separated institutions sharing powers.’

Question 6

Article 4

Answer 6

Defines states rights

Question 7

Which foundations are the principle of limited government based upon?

Answer 7

Individual rights

Popular sovereignty

Question 8

Types of power

Answer 8

Delegated - (Can be found in the first three articles of the constitution)

Implied (eg. Article 1, Section 8)

Reserved (The Tenth Amdendment) - Federalism

Concurrent (Possessed by both state and federal government, eg. Power to collect taxes)

Question 9

Factors explaining why so few amendments have been passed

Answer 9

Founding Fathers created a deliberately difficult process

Constitution is unspecific and vague

Supreme Court’s power of judicial review

Constitution held in degree of veneration by many Americans

Question 10

Amendment process

Answer 10

Proposed by 2/3 of the House and Senate

Ratified by 3/4 of the state legislatures

Question 11

Article 2

Answer 11

Provides the President with power

Question 12

Example of a Presidential pardon

Answer 12

Bill Clinton on Mark Rich 1999

Question 13

Entrenchment

Answer 13

The application of extra legal safeguards to a constitutional provision to make it more difficult to amend or abolish it

Question 14

Checks by Congress on President

Answer 14

Amend/delay/reject the president’s legislative proposals (eg. Refusal to fund Trump’s border wall - 2018)

Override the President’s veto (eg. Obama’s veto on the Justice Against Sponsor’s of Terrorism Act - 2016)

The power of the purse - Article I, Section 8/9 (eg. Foreign Assistance Act 1974 - Ended funding of Vietnam War, threby forcing Nixon to withdraw troops and end war

Refuse to approve Presidential appointments/ratify Presidential treaties (eg. Merrick Garland - 2016)

Impeachment - (eg. Bill Clinton - 1998-99)

Question 15

Checks by Congress on Courts

Answer 15

Propose constitutional amendments - (eg. 26th Amendment lowered the voting age to 18 - 1971)

Refuse to approve a judicial nomination - (eg. Merrick Garland - 2016)

Impeachment - (eg. Samuel Chase - 1804)

Question 16

Article 6

Answer 16

Establishes constitutional supremacy

Question 17

Enumerated powers

Answer 17

First three articles of the constitution

Powers delegated to the three branches of the federal government

Question 18

Pro divided government leading to less effective government

Answer 18

Treatment of Robert Bork and Clarence Thomas by a Democrat-controlled Senate

Impeachment proceedings conducted against Clinton by a Republican-controlled Senate

Question 19

Article 1

Answer 19

Provides Congress with power

Question 20

Supremacy clause

Answer 20

Found in Article VI

States that the Constitution ‘shall be the supreme law of the Land’

Question 21

Montesquieu on separation of powers

Answer 21

‘When the legislative and executive powers are united in the same person…there can be no liberty’

Question 22

Pro divided government leading to more effective government

Answer 22

Bills and treaties scrutinised more closely

Nominees questioned more rigorously

Only twice in the last 50 years has Congress overridden a veto of a President of its own party

Not since 1935 has the Senate rejected a treaty of a President of its own party

Question 23

James Madison on checks and balances

Answer 23

‘Ambition counter-checking ambition’

Question 24

Necessary and proper clause

Answer 24

Article I, Section 8 empowers Congress to make all laws ‘necessary and proper’ to carry out the federal government’s duties

Question 25

Features of the US constitution

Answer 25

Codified Blend of specificity and vagueness Entrenched provisions

Question 26

Checks by the President

Answer 26

Veto a Congressional bill - (eg. February 2015 - Obama vetoed bill that would have approved Keystone XL pipeline) Nominate judges Power of pardon Bully pulpit

Question 27

Anti current amendment process

Answer 27

Overly difficult to amend, thereby maintaining outdated provisions (electoral college) Enhances the power of the unelected Supreme Court to make interpretative amendments States have an equal voice regardless of population

Question 28

Pro current amendment process

Answer 28

Prevents temporary opinion having a long-lasting effect (prohibition) Supermajorities prevent a small majority from imposing its will on a large minority Ensures support of both federal and state governments

Question 29

Implied powers with an example of one

Answer 29

Powers possessed by the federal government by inference from those powers delegated to it in the Constitution eg. 'Necessary and proper clause' - Article I, Section 8

Question 30

Principles of the Constitution

Answer 30

Separation of powers Checks and balances Federalism

Question 31

Article 5

Answer 31

Defines the amendment procedures

Question 32

Examples of how the Constitution blends specificity and vagueness

Answer 32

Implied powers (eg. The power to draft people into the armed forces may be implied from Congress's enumerated power to raise an army and navy) Concurrent powers - (eg. Power to levy taxes)

Question 33

How many times has the Constitution been amended?

Answer 33

27, out of 33 attempts

Question 34

Article 3

Answer 34

Provides the Supreme Court with power

Question 35

Pro US Constitution still works

Answer 35

Federalism has proved to be an excellent compromise between strong national government and state government diversity The text has proved very adaptable to changes in American society Amendment process has prevented ill-conceived proposals for amendments Protects the rights and liberties of Americans The Supreme Court's power of judicial review has made it adapatable through "interpretative amendment"

Question 36

Anti US Constitution still works

Answer 36

Amendment process too difficult, making it impossible to amend parts that are no longer applicable or to add part that a majority desires The power of judicial review gives the Supreme Court too much power to 'amend' its meaning Some parts make little sense in today's society - The Electoral College

Question 37

Pro federalism still works today

Answer 37

Creates more access points in government Provides an extra layer of security for individual rights and liberties Makes states 'policy laboratories' Well suited to a geographically large and diverse nation

Question 38

Anti federalism still works today

Answer 38

Relationship between federal and state governments can become a source of conflict Overly bureaucratic - costly to run and resistant to change

Question 39

Federal government increasing its role

Answer 39

American Recovery Reinvestment Act Obamacare No Child Left Behind Government taking control of two privately owned mortage providers - Fannie Mae and Freddie Mac - Washington Post - "a stunning use of federal power" VS Takeover of Fannie Mae and Freddie Mac were forced on to government by circumstances rather than as part of a deliberate attempt to increase the power of the federal government

Question 40

Federalism protecting states' rights

Answer 40

Sancutary cities left untouched - Brandeis - "laboratories of democracy" Printz v US (1997) - Established that states are not obliged to enforce federal law - Brady Bill Shelby County v Holder VS Gonzales v Raich (2005) - California's medical marijuana law violated the Commerce Clause DC v Heller (2008) Obergefell v Hodges (2015)