The US Constitution Flashcards
The US constitution is entrenched meaning?
It is protected by law, making the constitution judiciable
The US constitution is codified meaning?
Sovereignty resides in the Constitution as the source of political authority
What enumerated powers does the legislature have?
- collects taxes
- borrows money
- declares war
- regulates trade
What enumerated powers does the judiciary have?
Interference of judicial review
What enumerated powers does the executive have?
- recognises other countries
- negotiates treaties
- vetoes legislation
- nominates federal justices
- Commander-in-chief
Advantages of the amendment process?
- 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
Disadvantages of the amendment process?
- 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
What are the 5 key principles of the US constitution?
1) Separation of powers
2) Checks and balances
3) Bipartisanship
4) Limited government
5) Federalism
What impact does the constitution have on the US today
- Power and role of each branch of government
- Effective protection of rights
- Federalism and state powers
Effectiveness of the SEPARATION OF POWERS today?
✅ 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).
Effectiveness of CHECKS AND BALANCES today?
✅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.
Effectiveness of BIPARTISANSHIP today?
✅ 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
What does the separation of powers mean?
Governmental powers are divided between three branches of government, all of which can act independently and interdependently 
What are checks and balances?
Each of the three branches of government can exercise control over the other branches
What is bipartisanship?
The requirement of political parties to act together
What is a limited government?
The requirement that government should be as big as necessary but no bigger
Effectiveness of the LIMITED GOVERNMENT today?
✅ Supreme Court decisions have protected citizens’ rights than congressional legislation (Bill of Rights)
❌ Guantánamo Bay remains open, infringing citizens rights
What checks does the executive have over the legislature?
Can amend, delay or reject legislation
What checks does the legislature have over the executive?
1) Can impeach the President
2) Can reject and approve appointments
What checks does the executive have over the judiciary?
1)Judicial appointments, which can be used to change the direction of the federal court
What checks does the judiciary have over the executive?
1)Can rule actions of the executive branch unconstitutional
What checks does the judiciary have over the legislature?
1)Can rule legislation unconstitutional (judicial review)
What checks does the legislature have over the judiciary?
1) Approves judicial appointments
2) Can suggest constitutional amendments
Evaluate the view that the constitutional system of checks and balances is an obstacle to effective government
For: ratification, judicial review, impact of Congress
- 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
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
- 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
