The Constitution Flashcards
Separation of Powers
Power distributed and shared among the 3 branches acting separately
Bill of Rights
First 10 of 17 amendments to the constitution proposed in 1789 by Congress, restoring citizens rights
Checks & Balances
branches have means to partially control power exercised by the other branches.
Federalism
Power divided between national and state governments through decentralisation
Nature of Constitution
Codified
Specificity & Vageness
Provisions are entrenched
Dual Federalism
‘Layer Cake’ federalism - strict division between the two governments
National government - roads, taxes & currency
Where is the Amendment Process mentioned
Article 5
How are Civil Rights/Liberties protected
Bill of Rights
What are implied powers?
Powers mentioned in the constitution for the federal government
What are concurrent powers?
powers possessed by federal & state governments
What are reserved powers?
Powers that have been reserved for the States (10th amendment)
Articles of Confederation?
document established in 1781 as the colonies first constitution, later overthrown due to shays rebellion and replaced by the constitution in 1787
What is the Amendment process?
Amendment is proposed in congress or at a national constitutional convention (although this has never happened)
The Amendment is ratified by either 3/4 of congress or at a State Ratifying Convention held in each state
Why has the constitution been amended so rarely?
Difficult process
Unspecific
Judicial Review
Advantages of Amendment Process?
Super-Majority Required
Federal & State Government approval
Voice to smaller states
Disadvantages of Amendment Process?
Difficult to Amend
Supreme Court interprets amendments and are unelected
Small-population states are overrepresented
Example of Amendment ratified by a State Convention?
21st amendment - prohibition of alcohol
Principles of the US Constitution
Separation of Powers Checks & Balances Bipartisanship Divided Government Federalism
Co-operative Federalism
‘Marble Cake federalism’ state and national government powers and hard to separate
Creative Federalism
National Government understands the needs of states and provides them with the money to execute change efficiently
New Federalism
Nixons response to states loss of power, granting states freedom with national governments money and devolvement of power
Progressive Federalism
National Government Acts as a benchmark for policy which states have to comply with but can go further with if they want.
Federalism under Bush
Increased decentralisation, giving national grants to fund education policy ‘no child left behind’
Positives of Federalism
State loyalties
Problems on a local level
Separation of powers & prevents tyranny
Creates Democracy - play w policy
