The Constitutional Framework Of The US Government Flashcards
1
Q
Define federalism
A
Political power is divided between national gov and state gov
2
Q
Limited gov
A
Principle that scope of federal gov should be limited for common good of people
3
Q
Define popular sovereignty
A
Political power rests with the people
4
Q
What is the phrase in the preambles with links to federalism
A
‘In order to form a more perfect union’
5
Q
What became before the constitution
A
Articles of confederation
6
Q
How did James Maddison describe federalism
A
A ‘middle ground’
7
Q
Why has the role of the federal government increased
A
Westward expansion Growth of population Industrialisation Communication Depression Foreign policy Supreme Court decisions
8
Q
Why did industrialisation increase the role of the federal gov
A
Need for regulation
Department of commerce and labour 1903
9
Q
Why did the Great Depression increase the role of the federal gov
A
States look to federal gov to solve problem
10
Q
Why did foreign policy increase role of federal gov
A
WW2, USA stepped out as superpower
Federal gov exclusive jurisdiction over foreign policy
11
Q
Define new federalism
A
A Return of certain powers from federal to state
12
Q
Define unfunded mandate
A
Federal law where states have to do thing but federal gov doesn’t supply funding
13
Q
When did individual state governments exercise most power
A
1780s to 1920s
14
Q
Why did the states power decrease from 1930s to 1960s
A
The Wall Street crash and Great Depression
15
Q
Who called decentralisation new federalism
A
Richard Nixon
16
Q
What happened in the era of New federalism
A
Rise in block grants
17
Q
What were block grants
A
Grants given to states
Used in app within broad policy areas
18
Q
Did states benefit from new federalism
A
Arguably not
Created unfunded mandate due to deficits
19
Q
What happened when the federal deficit increased in the 1980s
A
Federal programmes were cut
20
Q
Why was the period of the mid 1990s referred to as ‘zig zag’ federalism
A
Flexibility in some policy areas
Others stricter control
21
Q
What was surprising about Bush in regards to federalism
A
Thought he’d shrink it
He presided over largest overall inflation-adjusted federal gov spending since 1960s
22
Q
How much did federal government spending grow by in Bush’s first term (2001-05)
A
33%
23
Q
What four areas of federal gov did bush expand
A
Education, Medicare, homeland security+national defence and economy+jobs
24
Q
What was Bush’s slogan about education in 2001
A
No child left behind
25
What act did bush use as a ‘vehicle’ for his education reforms
Re-authorisation of 1965 elementary and secondary education act
26
What did bush reform about testing within education
Had to test children grades 4-8 annually on uniform nation test
27
What did bush’s education reforms say about children in failing schools
Moved to successful ones
28
Where did bush want to increase education funding and by how much
20%
| Poorest inner city schools
29
Which reading programme did bush tripled the funding for
Scientifically based ones
30
Define Medicare
1965, provides over 65s with basic health insurance to cover medical and hospital care
31
Who introduced Medicare
Lyndon Johnson democrat president
32
What did Bush sign in 2003
Medicare expansion bill
| Included new drug prescription benefit
33
How much did the Medicare expansion measures costs
$400 billion in first 10 years
34
Why were right win republicans not happy with bush’s Medicare reform
Too expensive
Bigger state
25 house republicans voted no on final passage
9 senate
35
How much did spending on department of defence increase by between 2001-2009
$290mill-$651 mill
| 125% increase
36
How much did homeland security increase by 2001-2006
$13 mill-$69mil
| Over five fold increase in 5 years
37
Why did spending on homeland security and defence increase under bush
9/11
Military operations in Iraq+Afghanistan
‘War on terror’
38
How much % did federal budget spending increase by under bush
15% to 21%
39
What did bush allow treasury secretary Henry Paulson to do in 2008
Take control of 2 troubled mortgage companies
40
What were the two troubled mortgage companies that Henry Paulson took control of
Federal national mortgage association (Fannie Mae)
| Federal home loan mortgage (Freddie Mac)
41
How much of the $12 trillion mortgage market did Fannie Mae and Freddie Mac control
Half
42
What was Washington posts headline after Paulson announcement to take control of the failing mortgage companies
‘In crisis,Paulson’s stunning use of federal power’
43
What did posts Steven Pearlstein write in a related article about Henry Paulsons control of failing mortgage companies
‘Not since the early days of the Roosevelt administration[…] has the federal government taken such a direct role in the workings of the financial system’
44
How much was bush’s ‘bail out’ package for Wall Street
$700 billion
45
What was the Obama administration focused on
Domestic policy as a way of delivering change
46
How was domestic policy considered
Seen as being in the domain of the states
| Obama wanted changes through domestic policy
47
How % is government spending account for in 2009 as opposed to 2008
25-30%
48
How much money went to states under Bush’s stimulus package as opposed to Obama’s
Bush $20 billion (2003)
| Obama $246 billion (2009)
49
what programmes were introduced as a result of an increase in the size of the stimulus package under obama
re-authorisation of state childrens health insurance
expansion of medicaid
pell grants for uni ed
50
what is medicaid
health insurance programme for the poor
51
what was obama's most controversial legislation
healthcare accused of being socialist not federalist
52
what was the tea party movement
cons grassroot organisation
supported reducing gov scope+spending
lower levels of tax
53
what choice was given to states about medicaid under obama
support its expansion or all medicaid funding would be cut
54
why did states sue due to medicaid under obama
was a violation of federal principles
| therefore unconstitutional
55
what was the case called between the states and obama's medicaid legislation
National federation of independent business v sebelius
56
what was the ruling of national federation of independent business v sebelius
agreed with the states
57
what did a 2016 exit poll demonstrate about peoples views on federal gov
50% 'gov doing too much'
45% 'should do more'
29% Satisfied wi federal gov
58
how much did federal grants grow under bush
$318 -$407
59
how much did Obama care cost over 10 years
$938 billion
60
how does federalism have legal consequences
laws vary state to state more complex legal system
61
how does federalism have consequences for political parties
each states party is different
| texas democrats more con than massechusettes
62
how does federalism have economic consequences
different property taxes levied by state gov
sales taxes varies between cities
income tax federal+state
63
does federalism work today YES
permits diversity
more access points in gov
double security
states are 'policy laboratories'
64
does federalism work today NO
mask inequalities
problem solving more complicated
costly to run
state-fed relationship conflict
65
supremacy clause
portion of article VI states constitution shall be 'supreme law of the land'
66
reserved powers
any powers not delegated to federal gov or prohibited by state
67
concurrent powers
powers the federal and state both have
68
how can amendments be proposed
2/3 house+senate
| leg in 2/3 states national constitutional con
69
how can amendments be ratified
3/4 state legislature
| ratifying conventions in 3/4 of states
70
how many times has an amendment been proposed by the house and senate and ratified by 3/4 of state legislatures
26
71
when was there an unusually high number of votes on proposed constitutional amendments
```
Bill Clinton (93-'01)
17
```
72
examples of amendment proposals that nearly got through
```
balanced budget (1995) one short
flag desecration (2000) 4 short
```
73
how many attempts were there to amend the constitution during Bush's presidency (2001-2009)
6
| only 3 got the 2/3 majority
74
out of the 27 amendments to the constitution, how many have been ratified by state constitutional convention
1 (21st amendment)
75
advantages of the amendment process
- super majority, against small majority to push its views
- lenghty process less likely to be done on a temporary issue
- fed+state must favour proposal
76
disadvantages of amendment process
- overly difficult, perpetuates outdates provisions
- voice of small population states overrepresented
- depends on who controls house+senate
77
what was the 21st amendment
repealed 18th amendment ending prohibition of alcohol
78
out of the 33 amendment passed to congress for ratification, how many have passed
27
79
when were the bill of rights ratified
december 1791
80
who proposed the bill of rights
congress 1789
81
how many amendments have been [passed since the bill of rights
17
82
13,14 and 15 amendment
end slavery
| guarantee rights to former slaves (1860s)
83
12th amendment
revised process for electing president and VP (1804)
84
16th amendment
federal gov can impose income tax
85
17th amendment
senate directly elected
| previously appointed by state legislatures
86
22nd amendment
limited president to 2 terms
87
how many amendments have passed in the last 210 years
17
88
why is the constitution amended so rarely 1
deliberately difficult
some parts vague so easy to intepret different as it evolves
judicial review 'interpretive amendments'
cautious of tampering due to prohibition
89
constitutional rights
fundamental rights guaranteed by constitution e.g freedom of speech+religion
90
1st amendment
basic and fundamental rights guaranteed
91
2nd amendment
right to bear arms
92
4th amendment
right against unreasonable searches
93
5th amendment
right to remain silent
94
8th amendment
cruel and unsual punishments shall not be inflicted (death penalty?)
95
10th amendment
stands up for states rights over power of federal gov
96
19th amendment
voting rights to women 1920
97
what are the three principles the constitution is based on
seperation of powers
checks and balances
federalism
98
seperation of powers
political power is distributed between ()
| each acting independently and interdependently
99
checks and balances
gives each branch the means to control the powers of another
100
checks the president can make
check congress-vetoing a bill
| nominate judges+power of pardon
101
congress checks on the president (6)
```
amend/delay/reject pres leg proposals
override veto
power of purse
senate refuse to approve pres appointments
refuse to ratify treaties
impeachment
```
102
congress checks on the court
propose amendments overturn decision
| refuse to approve appointments
103
checks the federal court has
declare law unconstitutional
| call pres actions unconstitutional
104
state of union address
annual speech by pres setting out proposed legislative programme
105
Obama's state of union address speech
focused on healthcare reform 'lets get it done!'
106
how many times had trump vetoed a bill
6
107
how many times did obama veto a bill
12 in 8 years
108
which appointments did obama make to the supreme court in his first term
```
Sonia Sotomayor (2009)
Elena Kagan (2010)
```
109
Donald Trump
```
Neil Gorsuch (2017)
Brett Kavanaugh (2018)
```
110
how do supreme court appointments act as a check
president can mould the outlook of the court
| echo chamber
111
power of the pardon
Obama pardoned 142 people
112
why is the power of the pardon controverisal
1974 Ford Pardoned Nixon over watergate
| Clinton, Mark Rich tax fugitive
113
which of Obama's bill did congress block
immigration reform
| rejected every one relating to gun control
114
example of vetoes being overidden
Bush 4/11 vetoes were over ridden
| e.g 2008 food conservation+energy bill
115
example of power of the purse
2007 democrat controlled congress attempted to limit bush spending on military operations in iraq
116
example of congress forcing presidents to get authorisation before going to war
2002 military forces in iraq
bush got authorisation
house vote= 269-182
senate=77-23
117
example of congress ratifying a treaty
2010
| START treaty with Russia 71 to 26
118
example of rejection of nomination to the supreme
```
Robert Bork (47-53)
nominated by Reagan 1987
```
119
how did congress check Obama's nomination of Merrick Garland
nominated in march 2016
repub controlled senate refused to proceed on hearings
said nomination should await next pres
120
example of congress' power of investigation
2012 terrorist attack in Libya
| killed ambassador christopher stevens
121
two presidents which have been impeached
```
Andrew Johnson (1868)
Bill Clinton (1998)
house has this power
```
122
who was nearly impeached but resigned instead
Nixon 1974
123
example of congress impeaching federal judges
```
Harry Claiborne (tax evasion)
Alcee Hastings (bribery)
Walter Nixon (perjury)`
```
124
example of congress overturning supreme court decision through an amendment
1896 SC ruled federal income tax to be unconstitutional
| 16th amendment congress power to levy income tax
125
examples of checks of the courts on congress
judicial review
| United states v Windsor- court declared defense of marriage act (1996) unconstitutional
126
example of a check by the courts on the president
united states vs Nixon 1974
hand over white house tapes
form of judicial review
127
example of check by the courts on Trump
State of Washington v Trump
| restraint on Trump's order which banned people from 7 Muslim majority countries entering the united states
128
bipartisanship
close cooperation between two major parties
129
divided government
president from one party
| both houses from the other
130
how many years of divided government has there been
1969-2016 35.5 years
131
when has the senate rejected a treaty of a president from its own party
not since 1935
| proves if there is no divided gov things will just be 'nodded' through
132
why can a divided gov prove effective in terms of checks and balances
more scrutiny
| less 'nodding' through
133
why can a divided gov not be effective in terms of checks and balances
unfair
e.g treatment of robert bork (repub SC nomination) by dem senate
impeachment against democrat clinton by republ;ican congress
134
the US constitution still works (YES)
```
federalism worked as a compromise
text is adaptable
stops temporary amendments passing
protects rights
judicial review 'interpretive amendment'
```
135
the US constitution still works (NO)
amendments too difficult
judicial review, too much power
some parts outdated (electoral college)
