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Unit 4: Governing the USA > The Nature of the Constitution > Flashcards

The Nature of the Constitution Flashcards

1
Q

What are the three stages of the USA’s move to federalism?

A

unitary –> confederal –> federal

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2
Q

When do the 13 colonies declare independence from the UK?

A

1776

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3
Q

When was the war of independence with the UK?

A

1776-1783

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4
Q

When do the newly independent colonies establish a confederacy?

A

1781

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5
Q

Describe the confederacy?

A

Firm league of friendship rather than a formula for government

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6
Q

where does almost all power rest in the article of confederation?

A

states rather than federal government

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7
Q

What could federal government not do under the article of confederacy?

A

Collect taxes

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8
Q

What happened in 1787?

A

As the article of confederacy have been so bad, the Philadelphia convention convenes to draw up a new constitution

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9
Q

How many people are at the Philadelphia convention in 1787?

A

55

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10
Q

What is the aim of the constitution?

A

To get everyone to sign it

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11
Q

The constitution seeks to balance government and democracy how?

A

Not too much government but not too much democracy

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12
Q

Big states favoured what plan for the constitution?

A

Virginia plan

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13
Q

Small states favoured what plan for the constitution?

A

New Jersey Plan

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14
Q

The gridlock between the Virginia plan and the new jersey plan was resolved by which compromise?

A

Connecticut compromise

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15
Q

What does the Connecticut compromise recommend?

A

That the national legislature should be made up of two houses. In the lower house the states would have representation proportional to their population, whoever in the upper houses states would have equal representation regardless of their size.

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16
Q

How is the battle between having an appointed president and a democratically elected president resolved?

A

Having the president indirectly elected through the electoral college

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17
Q

what is a codified constitution?

A

A constitution that consists of a a full and authoritative set of rule written down in one place

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18
Q

Despite being codified, how does it permit evolution?

A

Deliberately vague phrases

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19
Q

What two deliberately vague phrases have allowed the federal government to expand significantly over time?

A

1) general welfare clause

2) necessary and proper clause

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20
Q

Despite a deliberately complicated amendment process, the constitution has been changed drastically, such as through what amendment and which ability?

A

1913 16th amendment allowing federal government to collect income tax
interpretive amendments by the Supreme Court’s power for judicial review

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21
Q

Give four areas of government practice that the Constitution doesn’t cover

A

1) presidential and congressional primaries
2) President’s cabinet
3) Executive office of the president
4) SC power of judicial review

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22
Q

Through the separation of powers, the three branches of government are required to act both what?

A

Interdependently and independently

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23
Q

To promote the separation of powers, the three branches of government are four things:

A

1) Separate yet co-equal
2) Sperate in terms of personnel
3) Operate checks and balances on one another
4) Promote the sought-after ‘limited government’

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24
Q

What is limited government?

A

The principle that the size and scope of the federal government should be limited to that only which is necessary for the common good of the people

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25
Q

What did Thomas Jefferson say about limited government?

A

“Government is best when it governs least”

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26
Q

The Separation of powers should really be called what?

A

The separation of personnel

27
Q

The separation of personnel was integral to what idea?

A

that tyranny should be avoided at all costs

28
Q

As part of the separation of personnel, what can no one be?

A

A member of more than one branch of government at the same time

29
Q

As part of the separation of personnel, no one can be a member of more than one branch of government at once, so what happened in January 2009?

A

Obama and Biden resign from the Senate to become President and VP
Hillary Clinton resigned from the senate to become Secretary of State

30
Q

As part of the separation of personnel, no one can be a member of more than one branch of government at once, so what happened in 2010?

A

Elena Kagan resigned form the executive post of solicitor general to become a SC justice

31
Q

What is the system of checks and balances?

A

A system of government where each branch of government operate control over the other branches of government

32
Q

What can checks and balances encourage?

A

Bi-partisanship

33
Q

How can checks and balances encourage bi-partisanship?

A

Stuff only works, budgets only pass when both sides work together

34
Q

Instead of separation of power and operation of personnel, how can it really be described?

A

Separate institutions sharing power, i.e. checks and balances

35
Q

As the legislative branch checking on the executive, what can congress do to the president’s legislation?

A

Amend, delay, reject

36
Q

As the legislative branch checking on the executive, what can congress do to the president’s veto?

A

Override with a super-majority

37
Q

As the legislative branch checking on the executive, what does congress control?

A

budget

38
Q

As the legislative branch checking on the executive, what does the senate confirm?

A

Presidential position nominations

39
Q

As the legislative branch checking on the executive, what does the senate ratify?

A

Any treaty made by the President

40
Q

As the legislative branch checking on the executive, the senate has the sole power to do what?

A

Declare war

41
Q

As the legislative branch checking on the executive, what does congress have the power to investigate?

A

the president’s actions such as Bush’s national security actions

42
Q

As the legislative branch checking on the executive, what can congress do to any member of the executive branch, including the president themselves?

A

Impeachment, trial and removal from office

43
Q

An example of the legislative branch checking the executive branch, when have they used their powers of impeachment and trial to investigate a president?

A

Johnson 1968 and Clinton 19998, with found not guilty

44
Q

An example of the legislative branch checking the executive branch, who resigned before he could be impeached?

A

Nixon

45
Q

An example of the legislative branch checking the judiciary, what does the senate have the sole power to dod to appointments?

A

Confirm

46
Q

An example of the legislative branch checking the judiciary, what does congress have the power to initiate?

A

Consitutional amendments

47
Q

Give an example of when the legislative branch has checked the judiciary by initiating a consitutional amendment

A

Supreme Court had ruled that it was unconstitutional for Federal government to collect tax. They then initiated the 16th amendment giving them the power to do that

48
Q

An example of the legislative branch checking the judiciary, what does congress have the power to do to members of the judiciary?

A

Impeach, trial and removal form the office of any member of the judiciary

49
Q

Give example of the legislative branch checking the judiciary by removing them from office

A

Between 1986-89 Congress removed 3 federal judges for tax evasion, bribery and perjury

50
Q

What are the three ways that the president checks the legislature?

A

1) Recommend legislation
2) Veto legislation
3) Call congress to special session

51
Q

What are the 2 ways that the president checks the judiciary?

A

1) Presidential Pardon

2) Appoint judges

52
Q

What is the only way that the judiciary checks on the legislature?

A

Power to declare acts of congress unconstitutional

53
Q

What is the only way that the judiciary checks on the president and executive?

A

More judicial review - power to declare executive and presidential actions unconstitutional

54
Q

Give an example of the judiciary checking on the executive

A

USA vs Nixon 1974 where he was ordered to hand over the watergate tapes

55
Q

What is the third consitutional principle?

A

Federal division of powers

56
Q

What does the principle of the federal division of powers use?

A

Decentralisation

57
Q

What is decentralisation?

A

The principle by which powers are vested int he state governments as well as the federal governments

58
Q

Why is decentralisation appropriate for the USA?

A

The country is large and diverse, so this allows for both national unity and regional diversity

59
Q

How does the 10th amendment help to define the federalist system?

A

It states that all remaining powers are reserved to “the states and to the people”

60
Q

What are four exclusive powers of the national government?

A

1) coin money
2) Negotiate treaties
3) tax imports and exports
4) Maintain troops in peacetime

61
Q

what are some state RIGHTS that are guaranteed?

A

Equal senate representation, borders not change without their permission, constitution cannot be changed without ¾ of their agreement

62
Q

Give an example of a state responsibility?

A

Each state must recognise other states’ laws such as by returning fugitives

63
Q

What has allowed the concept of federalism to evolve so much?

A

The failure of the constitution to clearly define the boundary and relations between state and federal powers

Unit 4: Governing the USA (23 decks)

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