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U.S Politics (AK) > The Constitutional Framework Of The US Government > Flashcards

The Constitutional Framework Of The US Government Flashcards

1
Q

Define federalism

A

Political power is divided between national gov and state gov

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2
Q

Limited gov

A

Principle that scope of federal gov should be limited for common good of people

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3
Q

Define popular sovereignty

A

Political power rests with the people

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4
Q

What is the phrase in the preambles with links to federalism

A

‘In order to form a more perfect union’

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5
Q

What became before the constitution

A

Articles of confederation

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6
Q

How did James Maddison describe federalism

A

A ‘middle ground’

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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
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8
Q

Why did industrialisation increase the role of the federal gov

A

Need for regulation

Department of commerce and labour 1903

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9
Q

Why did the Great Depression increase the role of the federal gov

A

States look to federal gov to solve problem

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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

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11
Q

Define new federalism

A

A Return of certain powers from federal to state

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12
Q

Define unfunded mandate

A

Federal law where states have to do thing but federal gov doesn’t supply funding

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13
Q

When did individual state governments exercise most power

A

1780s to 1920s

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14
Q

Why did the states power decrease from 1930s to 1960s

A

The Wall Street crash and Great Depression

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15
Q

Who called decentralisation new federalism

A

Richard Nixon

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16
Q

What happened in the era of New federalism

A

Rise in block grants

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17
Q

What were block grants

A

Grants given to states

Used in app within broad policy areas

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18
Q

Did states benefit from new federalism

A

Arguably not

Created unfunded mandate due to deficits

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19
Q

What happened when the federal deficit increased in the 1980s

A

Federal programmes were cut

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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

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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

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22
Q

How much did federal government spending grow by in Bush’s first term (2001-05)

A

33%

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23
Q

What four areas of federal gov did bush expand

A

Education, Medicare, homeland security+national defence and economy+jobs

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24
Q

What was Bush’s slogan about education in 2001

A

No child left behind

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25
Q

What act did bush use as a ‘vehicle’ for his education reforms

A

Re-authorisation of 1965 elementary and secondary education act

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26
Q

What did bush reform about testing within education

A

Had to test children grades 4-8 annually on uniform nation test

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27
Q

What did bush’s education reforms say about children in failing schools

A

Moved to successful ones

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28
Q

Where did bush want to increase education funding and by how much

A

20%

Poorest inner city schools

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29
Q

Which reading programme did bush tripled the funding for

A

Scientifically based ones

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30
Q

Define Medicare

A

1965, provides over 65s with basic health insurance to cover medical and hospital care

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31
Q

Who introduced Medicare

A

Lyndon Johnson democrat president

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32
Q

What did Bush sign in 2003

A

Medicare expansion bill

Included new drug prescription benefit

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33
Q

How much did the Medicare expansion measures costs

A

$400 billion in first 10 years

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34
Q

Why were right win republicans not happy with bush’s Medicare reform

A

Too expensive
Bigger state
25 house republicans voted no on final passage
9 senate

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35
Q

How much did spending on department of defence increase by between 2001-2009

A

$290mill-$651 mill

125% increase

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36
Q

How much did homeland security increase by 2001-2006

A

$13 mill-$69mil

Over five fold increase in 5 years

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37
Q

Why did spending on homeland security and defence increase under bush

A

9/11
Military operations in Iraq+Afghanistan
‘War on terror’

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38
Q

How much % did federal budget spending increase by under bush

A

15% to 21%

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39
Q

What did bush allow treasury secretary Henry Paulson to do in 2008

A

Take control of 2 troubled mortgage companies

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40
Q

What were the two troubled mortgage companies that Henry Paulson took control of

A

Federal national mortgage association (Fannie Mae)

Federal home loan mortgage (Freddie Mac)

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41
Q

How much of the $12 trillion mortgage market did Fannie Mae and Freddie Mac control

A

Half

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42
Q

What was Washington posts headline after Paulson announcement to take control of the failing mortgage companies

A

‘In crisis,Paulson’s stunning use of federal power’

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43
Q

What did posts Steven Pearlstein write in a related article about Henry Paulsons control of failing mortgage companies

A

‘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’

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44
Q

How much was bush’s ‘bail out’ package for Wall Street

A

$700 billion

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45
Q

What was the Obama administration focused on

A

Domestic policy as a way of delivering change

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46
Q

How was domestic policy considered

A

Seen as being in the domain of the states

Obama wanted changes through domestic policy

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47
Q

How % is government spending account for in 2009 as opposed to 2008

A

25-30%

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48
Q

How much money went to states under Bush’s stimulus package as opposed to Obama’s

A

Bush $20 billion (2003)

Obama $246 billion (2009)

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49
Q

what programmes were introduced as a result of an increase in the size of the stimulus package under obama

A

re-authorisation of state childrens health insurance
expansion of medicaid
pell grants for uni ed

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50
Q

what is medicaid

A

health insurance programme for the poor

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51
Q

what was obama’s most controversial legislation

A

healthcare accused of being socialist not federalist

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52
Q

what was the tea party movement

A

cons grassroot organisation
supported reducing gov scope+spending
lower levels of tax

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53
Q

what choice was given to states about medicaid under obama

A

support its expansion or all medicaid funding would be cut

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54
Q

why did states sue due to medicaid under obama

A

was a violation of federal principles

therefore unconstitutional

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55
Q

what was the case called between the states and obama’s medicaid legislation

A

National federation of independent business v sebelius

56
Q

what was the ruling of national federation of independent business v sebelius

A

agreed with the states

57
Q

what did a 2016 exit poll demonstrate about peoples views on federal gov

A

50% ‘gov doing too much’
45% ‘should do more’
29% Satisfied wi federal gov

58
Q

how much did federal grants grow under bush

A

$318 -$407

59
Q

how much did Obama care cost over 10 years

A

$938 billion

60
Q

how does federalism have legal consequences

A

laws vary state to state more complex legal system

61
Q

how does federalism have consequences for political parties

A

each states party is different

texas democrats more con than massechusettes

62
Q

how does federalism have economic consequences

A

different property taxes levied by state gov
sales taxes varies between cities
income tax federal+state

63
Q

does federalism work today YES

A

permits diversity
more access points in gov
double security
states are ‘policy laboratories’

64
Q

does federalism work today NO

A

mask inequalities
problem solving more complicated
costly to run
state-fed relationship conflict

65
Q

supremacy clause

A

portion of article VI states constitution shall be ‘supreme law of the land’

66
Q

reserved powers

A

any powers not delegated to federal gov or prohibited by state

67
Q

concurrent powers

A

powers the federal and state both have

68
Q

how can amendments be proposed

A

2/3 house+senate

leg in 2/3 states national constitutional con

69
Q

how can amendments be ratified

A

3/4 state legislature

ratifying conventions in 3/4 of states

70
Q

how many times has an amendment been proposed by the house and senate and ratified by 3/4 of state legislatures

A

26

71
Q

when was there an unusually high number of votes on proposed constitutional amendments

A 
Bill Clinton (93-'01) 
17
72
Q

examples of amendment proposals that nearly got through

A 
balanced budget (1995) one short
flag desecration (2000) 4 short
73
Q

how many attempts were there to amend the constitution during Bush’s presidency (2001-2009)

A

6

only 3 got the 2/3 majority

74
Q

out of the 27 amendments to the constitution, how many have been ratified by state constitutional convention

A

1 (21st amendment)

75
Q

advantages of the amendment process

A
  • 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
Q

disadvantages of amendment process

A
  • overly difficult, perpetuates outdates provisions
  • voice of small population states overrepresented
  • depends on who controls house+senate
77
Q

what was the 21st amendment

A

repealed 18th amendment ending prohibition of alcohol

78
Q

out of the 33 amendment passed to congress for ratification, how many have passed

A

27

79
Q

when were the bill of rights ratified

A

december 1791

80
Q

who proposed the bill of rights

A

congress 1789

81
Q

how many amendments have been [passed since the bill of rights

A

17

82
Q

13,14 and 15 amendment

A

end slavery

guarantee rights to former slaves (1860s)

83
Q

12th amendment

A

revised process for electing president and VP (1804)

84
Q

16th amendment

A

federal gov can impose income tax

85
Q

17th amendment

A

senate directly elected

previously appointed by state legislatures

86
Q

22nd amendment

A

limited president to 2 terms

87
Q

how many amendments have passed in the last 210 years

A

17

88
Q

why is the constitution amended so rarely 1

A

deliberately difficult
some parts vague so easy to intepret different as it evolves
judicial review ‘interpretive amendments’
cautious of tampering due to prohibition

89
Q

constitutional rights

A

fundamental rights guaranteed by constitution e.g freedom of speech+religion

90
Q

1st amendment

A

basic and fundamental rights guaranteed

91
Q

2nd amendment

A

right to bear arms

92
Q

4th amendment

A

right against unreasonable searches

93
Q

5th amendment

A

right to remain silent

94
Q

8th amendment

A

cruel and unsual punishments shall not be inflicted (death penalty?)

95
Q

10th amendment

A

stands up for states rights over power of federal gov

96
Q

19th amendment

A

voting rights to women 1920

97
Q

what are the three principles the constitution is based on

A

seperation of powers
checks and balances
federalism

98
Q

seperation of powers

A

political power is distributed between ()

each acting independently and interdependently

99
Q

checks and balances

A

gives each branch the means to control the powers of another

100
Q

checks the president can make

A

check congress-vetoing a bill

nominate judges+power of pardon

101
Q

congress checks on the president (6)

A 
amend/delay/reject pres leg proposals 
override veto 
power of purse 
senate refuse to approve pres appointments 
refuse to ratify treaties 
impeachment
102
Q

congress checks on the court

A

propose amendments overturn decision

refuse to approve appointments

103
Q

checks the federal court has

A

declare law unconstitutional

call pres actions unconstitutional

104
Q

state of union address

A

annual speech by pres setting out proposed legislative programme

105
Q

Obama’s state of union address speech

A

focused on healthcare reform ‘lets get it done!’

106
Q

how many times had trump vetoed a bill

A

6

107
Q

how many times did obama veto a bill

A

12 in 8 years

108
Q

which appointments did obama make to the supreme court in his first term

A 
Sonia Sotomayor (2009) 
Elena Kagan (2010)
109
Q

Donald Trump

A 
Neil Gorsuch (2017)
Brett Kavanaugh (2018)
110
Q

how do supreme court appointments act as a check

A

president can mould the outlook of the court

echo chamber

111
Q

power of the pardon

A

Obama pardoned 142 people

112
Q

why is the power of the pardon controverisal

A

1974 Ford Pardoned Nixon over watergate

Clinton, Mark Rich tax fugitive

113
Q

which of Obama’s bill did congress block

A

immigration reform

rejected every one relating to gun control

114
Q

example of vetoes being overidden

A

Bush 4/11 vetoes were over ridden

e.g 2008 food conservation+energy bill

115
Q

example of power of the purse

A

2007 democrat controlled congress attempted to limit bush spending on military operations in iraq

116
Q

example of congress forcing presidents to get authorisation before going to war

A

2002 military forces in iraq
bush got authorisation
house vote= 269-182
senate=77-23

117
Q

example of congress ratifying a treaty

A

2010

START treaty with Russia 71 to 26

118
Q

example of rejection of nomination to the supreme

A 
Robert Bork (47-53)
nominated by Reagan 1987
119
Q

how did congress check Obama’s nomination of Merrick Garland

A

nominated in march 2016
repub controlled senate refused to proceed on hearings
said nomination should await next pres

120
Q

example of congress’ power of investigation

A

2012 terrorist attack in Libya

killed ambassador christopher stevens

121
Q

two presidents which have been impeached

A 
Andrew Johnson (1868)
Bill Clinton (1998) 
house has this power
122
Q

who was nearly impeached but resigned instead

A

Nixon 1974

123
Q

example of congress impeaching federal judges

A 
Harry Claiborne (tax evasion)
Alcee Hastings (bribery)
Walter Nixon (perjury)`
124
Q

example of congress overturning supreme court decision through an amendment

A

1896 SC ruled federal income tax to be unconstitutional

16th amendment congress power to levy income tax

125
Q

examples of checks of the courts on congress

A

judicial review

United states v Windsor- court declared defense of marriage act (1996) unconstitutional

126
Q

example of a check by the courts on the president

A

united states vs Nixon 1974
hand over white house tapes
form of judicial review

127
Q

example of check by the courts on Trump

A

State of Washington v Trump

restraint on Trump’s order which banned people from 7 Muslim majority countries entering the united states

128
Q

bipartisanship

A

close cooperation between two major parties

129
Q

divided government

A

president from one party

both houses from the other

130
Q

how many years of divided government has there been

A

1969-2016 35.5 years

131
Q

when has the senate rejected a treaty of a president from its own party

A

not since 1935

proves if there is no divided gov things will just be ‘nodded’ through

132
Q

why can a divided gov prove effective in terms of checks and balances

A

more scrutiny

less ‘nodding’ through

133
Q

why can a divided gov not be effective in terms of checks and balances

A

unfair
e.g treatment of robert bork (repub SC nomination) by dem senate
impeachment against democrat clinton by republ;ican congress

134
Q

the US constitution still works (YES)

A 
federalism worked as a compromise 
text is adaptable 
stops temporary amendments passing 
protects rights
judicial review 'interpretive amendment'
135
Q

the US constitution still works (NO)

A

amendments too difficult
judicial review, too much power
some parts outdated (electoral college)

U.S Politics (AK) (4 decks)

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