The US Constitution

Question 1

The US constitution is entrenched meaning?

Answer 1

It is protected by law, making the constitution judiciable

Question 2

The US constitution is codified meaning?

Answer 2

Sovereignty resides in the Constitution as the source of political authority

Question 3

What enumerated powers does the legislature have?

Answer 3

• collects taxes
• borrows money
• declares war
• regulates trade

Question 4

What enumerated powers does the judiciary have?

Answer 4

Interference of judicial review

Question 5

What enumerated powers does the executive have?

Answer 5

• recognises other countries
• negotiates treaties
• vetoes legislation
• nominates federal justices
• Commander-in-chief

Question 6

Advantages of the amendment process?

Answer 6

• the process works, 27 amendments having been added
• the process requires bipartisanship, which prevents the tyranny of one party or opinion
• the process protects federalism by preventing the federal government gaining too much power

Question 7

Disadvantages of the amendment process?

Answer 7

• the requirement for super majorities has made the process far too difficult
• the unelected SC gains too much power through interpretive amendments
• the process can allow tyranny of the minority, with just a few members in Congress or states able to hold up amendments

Question 8

What are the 5 key principles of the US constitution?

Answer 8

1) Separation of powers
2) Checks and balances
3) Bipartisanship
4) Limited government
5) Federalism

Question 9

What impact does the constitution have on the US today

Answer 9

• Power and role of each branch of government
• Effective protection of rights
• Federalism and state powers

Question 10

Effectiveness of the SEPARATION OF POWERS today?

Answer 10

✅ The branches remain completely separate from one another and can act independently (separate executive, legislature and judiciary ARTICLE 1,2 and 3 powers are outlined)
❌ The president has usurped some of Congress’ powers (for example, dominating military actions).

Question 11

Effectiveness of CHECKS AND BALANCES today?

Answer 11

✅Use of checks such as the veto and override demonstrated their continued importance (Trump vetoed 10 times)
❌ checks and balances can lead to gridlock and, ultimately, government shut downs (The partial shutdown 2018, Trump’s demand for $5 billion to pay for his wall with Mexico, both parties in Congress had floated $1.6 billion as a compromise, Trump rejected it.

Question 12

Effectiveness of BIPARTISANSHIP today?

Answer 12

✅ use of the veto override demonstrated bipartisanship can be achieved (one of Trump’s veto was overriden by the legislature)
❌ The USA seems more partisan than ever, with three government shut downs in the last six years

Question 13

What does the separation of powers mean?

Answer 13

Governmental powers are divided between three branches of government, all of which can act independently and interdependently 

Question 14

What are checks and balances?

Answer 14

Each of the three branches of government can exercise control over the other branches

Question 15

What is bipartisanship?

Answer 15

The requirement of political parties to act together

Question 16

What is a limited government?

Answer 16

The requirement that government should be as big as necessary but no bigger

Question 17

Effectiveness of the LIMITED GOVERNMENT today?

Answer 17

✅ Supreme Court decisions have protected citizens’ rights than congressional legislation (Bill of Rights)
❌ Guantánamo Bay remains open, infringing citizens rights

Question 18

What checks does the executive have over the legislature?

Answer 18

Can amend, delay or reject legislation

Question 19

What checks does the legislature have over the executive?

Answer 19

1) Can impeach the President

2) Can reject and approve appointments

Question 20

What checks does the executive have over the judiciary?

Answer 20

1)Judicial appointments, which can be used to change the direction of the federal court

Question 21

What checks does the judiciary have over the executive?

Answer 21

1)Can rule actions of the executive branch unconstitutional

Question 22

What checks does the judiciary have over the legislature?

Answer 22

1)Can rule legislation unconstitutional (judicial review)

Question 23

What checks does the legislature have over the judiciary?

Answer 23

1) Approves judicial appointments

2) Can suggest constitutional amendments

Question 24

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government
For: ratification, judicial review, impact of Congress

Answer 24

• Ratification of SC nominees based on party lines e.g. Amy Coney Barrett
• Judicial review stops legitimate policy passing e.g. Riley v California 2014, minorities rights may need to be infringed upon for national security
• Congress can amend, block or reject any legislation recommended by president leading to gridlock e.g. Shutdown 2018 caused by lower house to fund Trumps wall

Question 25

Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government
Against: Scrutiny of SC nominations, Judicial review, tyranny

Answer 25

• Effective scrutiny of SC nominations means only those best fit are appointed e.g. Brett Kavanaugh took an aggressive stance in testimony and defended himself against SA allegations
• Judicial review closely examines legislation plus behaviour of executive e.g. Obergefell v Hodges
• Prevents tyranny e.g. Trump 2020 couldn’t reduce covid relief payments from $2000 to $600