The Constitution

Question 1

When did 12 of the 13 states gather in Philadelphia to discuss the Articles of the Confederation? (The Convention of…) (history)

Answer 1

1787

Question 2

Which state did not turn up in Philadelphia and why? (history)

Answer 2

Rhode Island didn’t arrive as they felt (as a smaller state) they would not get enough power compared to the larger states (especially in the South).

Question 3

What did they prove about the Articles of the Confederation? (history)

Answer 3

The group proved that the Articles of the Confederation were not able to cope with the challenges of the fledgling nation.

Question 4

What compromises were made in the new Constitution?

history

Answer 4

• the notorious ‘three-fifths’ compromise which made the population of the larger slave states smaller and every five black or enslaved men and women counted as three as they could not vote and the state’s power would be disproportionate.

Question 5

How many delegates arrived in Philadelphia? (history)

Answer 5

55 delegates (from 12 states)

Question 6

What did the Articles of the Confederation provide the framework for since the declaration of independence in 1776?

Answer 6

The system of governance.

Question 7

What was agreed at the Convention? (history)

Answer 7

the leaders of the states agreed that the creation of a stronger central govt would engance the power and potential of the US

Question 8

Who was elected to preside over the Convention? (history)

Answer 8

George Washington

Question 9

What was the most spirited debate over? (history)

Answer 9

The composition of the legislative branch of government. Should it be unicameral or bicameral and how should representation be proportioned?

Question 10

What was the Virginia Plan? (history)

Answer 10

Virginia Plan:
Proposed by James Madison
called for bicameral legislature where representation would be based on population

Question 11

What were the original Seven article of the Constitution?

features

Answer 11

• First four entail the role of congress, presidency,
supreme court and states
• Article 5 outlines amendment process
• Article 6 is supremacy clause
• Article 7 outlines ratification process

Question 12

How many amendments have there been to the Constitution? (features)

Answer 12

• There have been 27 amendments and mostly in

the bill of rights

Question 13

What is the Bill of Rights? (BoR)

Answer 13

• The Bill of Rights outlines the rights and individual freedoms of citizens and states.
• Made of the first 10 amendments of the Constitution.
• They were all passed in in 1791 after the constitution was created.

Question 14

What does the US Bill of Rights do? (BoR)

Answer 14

It protects the states from Federal Government power and this is because several of the colonies were reluctant to join a new Union and a discussion of the provisions helped to reduce the states’ concerns regarding power of Central Govt

Question 15

Examples of amendments of the Bill of Rights. (BoR)

Answer 15

• Some around civil war, about the emancipation of
slaves
• Post-civil war issue of voting rights addressed –
Not many in the 19th century ( but mostly around
civil war)
• 20th Century- 16th amendment- taxes, 19th
amendment- female suffrage, 18th and 21st
amendment- prohibition
• Some are about procedural things eg the 22nd
amendment limiting the times a president could
serve in office (after FDR had three terms in office
and nearly four!)

Question 16

List the six key amendments of the Bill of Rights. (BoR)

Answer 16

• 1st- freedom of expression and religion
• 2nd right to bear arms- the British govt didn’t
allow ordinary people to carry weapons- to
prevent tyranny of monarch that the Americans
were subjected to during the colonisation (to
defend against the govt) has a had a big cultural
impact in the US
• 4th no unreasonable searches or seizure of
people or property
• 5th protection against double jeopardy
• 8th right to provide freedom from cruel and
unusual punishment
• 10th right of states to have reserved power

Question 17

If the Constitution is the highest form of law- what is the term for this? (features)

Answer 17

The constitution is the highest Authority- all law relates back and the constitution is interpreted to judge other laws.

Question 18

What is the most problematic issue of having a codified constitution? (features)

Answer 18

All laws have to be interpreted to fit within the constitution, for example the second amendment (right to bear arms) is linked to this as when the constitution was written it was a way to stop despotic rulers from controlling the people (as King George had done) but is now far less applicable.

Question 19

In regards to the US Constitution what is entrenchment?

features

Answer 19

Entrenchment- the system that limits ease of change of a document specifically a Constitution. The US system requires specific processes for proposing amendments and ratification.

Question 20

What does Judiciable mean? (features)

Answer 20

The ability to judge all laws against a document (specifically the US constitution- links to it’s authoritative nature.)

Question 21

Why are some parts of the Constitution vague? (features)

Answer 21

Because lots of them were originally compromises and some are left vague to help with interpretation issues to be applicable through time
• The US constitution is very short which allows
evolution and interpretation through time
• Allows for different changes to help adaption to
future circumstances
• But allows it to be interpreted in any way to
support modern society.

Question 22

What are Enumerated Powers? (explicit powers) (features)

Answer 22

• Powers explicitly stated such as article 1- parts of
constitution that are very specific and cannot be
changed or interpreted differently
• Eg- congress collects taxes and duties
• Fixes common weights and measures,
establishing post offices, army and military
• Some branches have very specific different
powers

Question 23

What are Implied Powers?

Answer 23

Powers authorized by the Constitution that, while not stated, seem implied by powers that are expressly stated.

Question 24

What is the ‘Elastic Clause’?

Answer 24

Also known as ‘necessary and proper’ clause
Congress can introduce new laws if needed that fit to circumstances that the Founding Fathers couldn’t have seen in the 1700’s.

Question 25

Whys is the vagueness of the Constitution good?

Answer 25

Allows constitutional political structure to adapt and evolve according to the needs of modern society

Question 26

Why is the vagueness of the Constitution bad?

Answer 26

• Vagueness can prevent necessary regulation of political parties
• Supreme Court could become too powerful- the nine justices are not elected (nor should they be though) their political biases are not kept in check (parties were not accounted for in the original constitutional system created in 1789)
• In modern political polarisation this vagueness can lead to conflict (could this be a good thing?)

Question 27

What amount of support is needed to propose an amendment?

Answer 27

2/3 of state legislature is needed to propose a change.

2/3 of each house of congress

Question 28

What fraction of state or congress support is needed for ratification?

Answer 28

3/4s of state legislature

3/4 of each house of congress

Question 29

Give reasons why the amendment process is effective.

Answer 29

1. Protects key principle of the Constitution set up by the Founding Fathers especially Federalism and States’ rights
2. Prevents abuse of power, particularly one person or group changing the constitution for their benefit (eg Trump wanting to serve a third and fourth term)
3. Prevents ‘knee-jerk’ amendments, ill thought through, not a short term solution etc

Question 30

give reasons why the amendment process is ineffective.

Answer 30

1. Difficult/ impossible to remove outdated aspects especially those that benefit smaller states e.g. electoral college
2. Difficult to incorporate new ideas e.g. equal rights attempts, civil rights amendments that arguably should have happened did not = a very conservative constitution
3. The amendment process is undemocratic- you need three quarters of the state to ratify (the 13 smallest states have lots of power over the other 37 larger states
4. Supreme court has too much power

Question 31

What is Federalism?

Answer 31

Federalism is the system in which sovereignty is shared between central govt branch (fed govt) and individual states, which specific rights for each

Question 32

Why is federalism used in the US?

Answer 32

it can stop one person or large power from controlling all the states (as George III did), it also means there is a division of powers between regional and federal govts

Question 33

How and why has the power of the Federal government grown?

Answer 33

It has grown in response to economic issues (great depression), increased demands of civil rights provisions (civil rights movements- little rock Highschool where president Eisenhower had to intervene) and greater provision of social policy (Obamacare etc)

Question 34

What is Separation of Powers?

Answer 34

The three key bodies of govt have separate personnel and buildings- the principle behind it ensures that a system of checks and balances prevent too much power being in one body

Question 35

What are the three branches?

Answer 35

Congress
President
Supreme Court

Question 36

Is a person allowed to work in more than one branch? Give an example.

Answer 36

NOPE- when Obama came to power in 2009 he had to give up his seat in the Senate.

Question 37

How does the Separation of powers differ from the UK system?

Answer 37

In the UK the monarch is fused with the legislature and the PM and leading party is fused with the Houses of Parliament.

Question 38

Why did the Founding Fathers choose Separation of Powers?

Answer 38

As a guiding principle that allowed preservation of the liberty individuals in society.

Question 39

What do checks and balances do?

Answer 39

They limit the power of branches as each branch has powers to check another branch.

Question 40

What are checks and balances?

Answer 40

Each branch of US government has the direct power to prevent action from another branch.

Question 41

What can checks and balances lead to?

Answer 41

They can lead to a higher degree of restrictions which then mean that there is no dominant branch of government (limited govt)

Question 42

What does checks and balances link with?

Answer 42

Separation of power