The Constitutional Framework of the US Government Flashcards
- Key Terms, Case studies
What does the US Constitution do? (4)
- Defines the structure of the federal government and the role of it’s branches
- Outlines the rights of US Citizens
- Guarantees specific rights and personal freedoms
- Establishes the authority of the federal government
When and where was the US Constitution developed?
1787, by the delegates of constitutional convention in Phillidelphia pensylvania
How and when did the US Constitution go into effect
in 1789, after 9 states had approved it
In Basic Terms
What is the Bill of Rights
The first 10 ammendments of the US Constitution
What is the role of the Bill of Rights?
To protect Americans from the Federal Government
Second Amendment of the BIll of Rights
Give an example of an ammendment int the Bill of Rights
‘a well regulated militaria being neccessary for the security of a free state’
What are the 3 seperations of powers in the US Government
Legislative (Congress), Executive (Presidency) and Judicary (The Supreme Court)
What does the Legislative Branch do
Congress
Writes, debates and passes bills
How many bodies of congress are there
2 bodies
Define Checks and Balances
Mechanisms that allow each branch of government to monitor and limit the actions of the other branches, ensuring balance of power
Define Federalism
A system of government in which power is divided between a central (federal) government and regional (state) governments
Define Enumerated Powers of the US Government
Powers explicitly granted in the Constitution
Define Reserved powers
Powers reserved to the states as outlined in the 10th Amendment
powers that are reserved for regional govs and not given tp fed gov
Define the Supremacy Clause
Article VI (6) of the Constitution, establishing that federal law takes precedence over state laws
Define Amendment process
The formal procedure to change or add to the constitution, requiring approval by 2/3s of Congress and 3/4ths od state legislatures
Explain Marbury vs Madison (6)
1.Before Jefferson took office after winning the 1800 election
2. Adams and congress passed the judicial act of 1801which gave the president more control over appointing judges
3. Act was an attempt to frustrate his successor
4. approved by the senate but only go into action after the commission was delivered by secretary of the state
5. Marbury ( Justice of the peace in the District of Columbia) commissions were not delivered as Madison would not deliver them
6. Marbury joined 3 other similarly situated appointees and petitioned for a writ of mandamus compelling the delivery of the commissions.
Explain the Conclusion of Marbury v Maddison
1803
- Though Marbury was entitled to it, the Court was unable to grant it because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void.
- Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established.
- Marshall reasoned that the Judicial Act 1789 conflicted with the constitution and did not have the power to modify the constituion through regular laws as of the supremacy clause (Constitution> Laws)
- Marshall established Judicial review , the power to declare a law unconstitutional
What case study would you use for Judicial review
Marbury v Maddison 1803
key term for US constitution being written down in a document
codified
key term for the US constitution being protected from change of law
entrenched
How is the US constitution compromised
Blend of specificity and vagueness as founding farthers disagreed
Define constitutional principles
Values that guide how the country is governed outlined in the US government
What case study would you use to show supremacy of federal law over state law
Mculloch vs Maryland
Define the Mculloch vs Maryland case
1819
- Maryland passed a law to tax the second national bank
- James W Mculloch the cashier of the baltimore branch refused to pay the tax
- Maryland sued James
- The supreme court ruled in favour of Mculloch, states cannot tax the federal government
What was the US v Lopez case about? (1995)
Alphonzo Lopez was charged under the gun free school zones act 1990 after bringing a firearm into school a congressional law that banned this however, Alphonzo argued that this law breached congressional power limits outlined in the commerce clause
Why did Lopez challenge his charges (1995)
He said that the law exceeded congress’s power under the commerce clause
what is the commerce clause
Gives congress broad power to regulate interstate commerce
What was the result of US v Lopez
1995
- The court used Lopez to push back against some of the broadest assertions of congressional power under the commerce clause
- Reaffirming that the constitution creates a national government with limited powers
Exam question
Explain and analys e 3 principles of the US Constitution
- Seperation of powers : Judicial, excecutive and Legislative
- Limited Government and checks and balances
- Federalism - how the constitution sets out how power is shared between central and state governments
When did the US constitution come into force
1789
How can the US constitution be changed
With a supermajority of 2/3 in congress
How is another way the US constitution can be changed
with a supermajority of 3/4s in ratifying states
ratifying = Consenting
Give 3 examples of the entrenched rights in the US constitution
- The right to bear arms
- Ther right to not be subjected to cruel and unusual punishment
- right to free speech
What article of the US constitution sets out ennumerated powers
Article I, Section 8
Give an example of an ennumerated power in article I, section 8
- the power to tax citizens
What are implied laws ?
Stated in Article I, Section 8 clause 18 of the US constitution
Implied powers give congress the power to make all laws ‘neccessary and proper’ for it’s ability to rule
E.g the regulation to ban the sale of substances (drugs)
Give 3 Positives of the US Constitution
- Entrenched
- Vagueness
- Clarity
Give 3 negatives of the US Constitution
- Vagueness
- Extent of federal government is unclear
- difficult to amend
Why is vagueness a positive and a negative of the US constitution
- positive - It can be interpreted in different ways and keep up with modern times
- negative - Decisions about interpreting the US constitution are given to the supreme court and ultimately the 9 justices who’s views may be biased
In Which Article of the US constitution is the supremacy clause
Article VI (6)
How Often are Members of the house of representatives elected
every 2 years
what are the total number of representatives for each state based of?
Size and population of the state
How long is a term for a senator
Each member of the senate is to serve a 6 year term
How many senators are there currently?
100 senators - 2 per state
how is the president and vice president of the US elected
Through the electoral college system
What is another word for the ‘necessary and proper clause’ in Article I
The elastic clause
How are SC Justices appointed?
Appointed by the President and approved by the senate
What does Article I of the US constitution outline?
the powers of congress and elections
What does Article II of the US constitution outline?
The Presidential and Vice-presidential powers
What does Article III of the US constitution outline?
The powers of the supreme court and the Judiciary
Give an advantage of the federal government
States have the power to ratify amendments and so have a say in changing the foundational document for all US Law
Give an example of difference in regulations for states
Oregon does NOT have a sales tax
GIve a disadvantage of the ferderal government
Powers given to states and central government is the vaguest area of the constitution and over time the powers of the federal (central ) government have increased over time
Who was the idea of seperation of powers inspired by
Liberal thinker John Locke
- no branch of government should have too much power
Give an example of how all 3 branches of government are completely seperate
When Obama and Biden became president and vice-president (executive branch) they had to give up their role in the senate (legislative branch)
give 3 examples of how the checks and balances system is effective
- supreme court can strike down unconstitutional laws
- executive orders can be nullified by congress
- president is unable to fire judges
Give 3 examples of how the Checks and Balances system is not effective
- process of legislation is so slow due to seperation of powers
- There has been and increased use of executive orders that can bypass legislative orders (Congress)
Give a case study example of the checks and balances system
In 2016 Mitch Mconnell (senate majority leader) refused to have confirmation hearings for Obamas appointment of Merrick Garland for a supreme court judge
Give 3 ways that the US Government is limited
- Seperation of powers and checks and balances
- Codified and entrenched Constitution
- Bill of rights
Give an example of the US government being limited
Supreme court has struck down laws on the basis of the Bill of Rights
give an example of the US government not being limited
Conservatives and Libertarians belive federal government has got far bigger than the founding farthers intended
CASE STUDY
a case study for the president nominating all the federal judges
obama nominating sonia sotomayor to the supreme court
CASE STUDY
A case study for the presidents veto acts passed by congress
Obama vetoed 12 regular veto’s in his time in office
CASE STUDY
A case study for Presidents threatening congress when passing legislation
Obama made 4 veto threats in 2015, one of which being around immigration controls
CASE STUDY
A case study for presidents issuing executive orders to bypass the need for formal legislation
Trump in 2017 making a travel ban for many countries
A case study to show presidents ability to use their ‘commander in chief’ role to delay US troops overseas without congress declaring war
in 2001 and 2003 Bush ordered an invasion of Afganistan and Iraqn - using the aumf act passed by congress
CASE STUDY
A case study to show a presidential veto can be overturned by a super majority in congress
Trump had one of his 10 Veto’s overturned in his defense spending bill towards the end of his first term
CASE STUDY
case study to show how the threat of a senate rejection is often as powerful and more frequent than a presidential veto
In 2020, Bidens controversial pick of Neera Tanden as The director of the office of management even though she was never going to secure senate votes
CASE STUDY
A case study to show congress can simply deny legislation desired by the president
After several shootings, sandy hook 2012 especially, Obama wanted to pass several gun-control measures but was denied
CASE STUDY
A case study to show that the courts can declare acts of congress to be unconstitutional and therefore repealed
(Judical branch limiting legislative)
In 2013 the defense of marriage act was ruled unconstitutional which was a huge milestone for same sex marriage in the US
CASE STUDY
A case study to show how the president can issue pardons and commutations for those convicted of federal crimes
Presedent ford pardoned his immediate precessor richard nixon
Define Pardoned
if yopu are pardoned you are exempt frpm being defined by the crime you have committed
