The Nature of the Constitution Flashcards
What are the three stages of the USA’s move to federalism?
unitary –> confederal –> federal
When do the 13 colonies declare independence from the UK?
1776
When was the war of independence with the UK?
1776-1783
When do the newly independent colonies establish a confederacy?
1781
Describe the confederacy?
Firm league of friendship rather than a formula for government
where does almost all power rest in the article of confederation?
states rather than federal government
What could federal government not do under the article of confederacy?
Collect taxes
What happened in 1787?
As the article of confederacy have been so bad, the Philadelphia convention convenes to draw up a new constitution
How many people are at the Philadelphia convention in 1787?
55
What is the aim of the constitution?
To get everyone to sign it
The constitution seeks to balance government and democracy how?
Not too much government but not too much democracy
Big states favoured what plan for the constitution?
Virginia plan
Small states favoured what plan for the constitution?
New Jersey Plan
The gridlock between the Virginia plan and the new jersey plan was resolved by which compromise?
Connecticut compromise
What does the Connecticut compromise recommend?
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.
How is the battle between having an appointed president and a democratically elected president resolved?
Having the president indirectly elected through the electoral college
what is a codified constitution?
A constitution that consists of a a full and authoritative set of rule written down in one place
Despite being codified, how does it permit evolution?
Deliberately vague phrases
What two deliberately vague phrases have allowed the federal government to expand significantly over time?
1) general welfare clause
2) necessary and proper clause
Despite a deliberately complicated amendment process, the constitution has been changed drastically, such as through what amendment and which ability?
1913 16th amendment allowing federal government to collect income tax
interpretive amendments by the Supreme Court’s power for judicial review
Give four areas of government practice that the Constitution doesn’t cover
1) presidential and congressional primaries
2) President’s cabinet
3) Executive office of the president
4) SC power of judicial review
Through the separation of powers, the three branches of government are required to act both what?
Interdependently and independently
To promote the separation of powers, the three branches of government are four things:
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’
What is limited government?
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
What did Thomas Jefferson say about limited government?
“Government is best when it governs least”
The Separation of powers should really be called what?
The separation of personnel
The separation of personnel was integral to what idea?
that tyranny should be avoided at all costs
As part of the separation of personnel, what can no one be?
A member of more than one branch of government at the same time
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?
Obama and Biden resign from the Senate to become President and VP
Hillary Clinton resigned from the senate to become Secretary of State
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?
Elena Kagan resigned form the executive post of solicitor general to become a SC justice
What is the system of checks and balances?
A system of government where each branch of government operate control over the other branches of government
What can checks and balances encourage?
Bi-partisanship
How can checks and balances encourage bi-partisanship?
Stuff only works, budgets only pass when both sides work together
Instead of separation of power and operation of personnel, how can it really be described?
Separate institutions sharing power, i.e. checks and balances
As the legislative branch checking on the executive, what can congress do to the president’s legislation?
Amend, delay, reject
As the legislative branch checking on the executive, what can congress do to the president’s veto?
Override with a super-majority
As the legislative branch checking on the executive, what does congress control?
budget
As the legislative branch checking on the executive, what does the senate confirm?
Presidential position nominations
As the legislative branch checking on the executive, what does the senate ratify?
Any treaty made by the President
As the legislative branch checking on the executive, the senate has the sole power to do what?
Declare war
As the legislative branch checking on the executive, what does congress have the power to investigate?
the president’s actions such as Bush’s national security actions
As the legislative branch checking on the executive, what can congress do to any member of the executive branch, including the president themselves?
Impeachment, trial and removal from office
An example of the legislative branch checking the executive branch, when have they used their powers of impeachment and trial to investigate a president?
Johnson 1968 and Clinton 19998, with found not guilty
An example of the legislative branch checking the executive branch, who resigned before he could be impeached?
Nixon
An example of the legislative branch checking the judiciary, what does the senate have the sole power to dod to appointments?
Confirm
An example of the legislative branch checking the judiciary, what does congress have the power to initiate?
Consitutional amendments
Give an example of when the legislative branch has checked the judiciary by initiating a consitutional amendment
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
An example of the legislative branch checking the judiciary, what does congress have the power to do to members of the judiciary?
Impeach, trial and removal form the office of any member of the judiciary
Give example of the legislative branch checking the judiciary by removing them from office
Between 1986-89 Congress removed 3 federal judges for tax evasion, bribery and perjury
What are the three ways that the president checks the legislature?
1) Recommend legislation
2) Veto legislation
3) Call congress to special session
What are the 2 ways that the president checks the judiciary?
1) Presidential Pardon
2) Appoint judges
What is the only way that the judiciary checks on the legislature?
Power to declare acts of congress unconstitutional
What is the only way that the judiciary checks on the president and executive?
More judicial review - power to declare executive and presidential actions unconstitutional
Give an example of the judiciary checking on the executive
USA vs Nixon 1974 where he was ordered to hand over the watergate tapes
What is the third consitutional principle?
Federal division of powers
What does the principle of the federal division of powers use?
Decentralisation
What is decentralisation?
The principle by which powers are vested int he state governments as well as the federal governments
Why is decentralisation appropriate for the USA?
The country is large and diverse, so this allows for both national unity and regional diversity
How does the 10th amendment help to define the federalist system?
It states that all remaining powers are reserved to “the states and to the people”
What are four exclusive powers of the national government?
1) coin money
2) Negotiate treaties
3) tax imports and exports
4) Maintain troops in peacetime
what are some state RIGHTS that are guaranteed?
Equal senate representation, borders not change without their permission, constitution cannot be changed without ¾ of their agreement
Give an example of a state responsibility?
Each state must recognise other states’ laws such as by returning fugitives
What has allowed the concept of federalism to evolve so much?
The failure of the constitution to clearly define the boundary and relations between state and federal powers
