The US constitution Flashcards
when was the consitution written and whats teh rellevance of this ?
- 1787
- its dated, written in a time where social, poiltcal and economic circostances were vastly differt, slavery was still allowed and the American revolutionarry war had just ended - this gives grounds for modern interpritation
2. for instance teh third amendment reflects the expirence of collonialist under britsih law “ no man shall be quartered in any house, without the consent of the Owner”
what did artical 1 do ?
- vested all legislgtive powers in Congress which would consit of a bicameral legislgture of the House and The Senate
what defined seperation of powers in the US
teh first three articals of teh consitution
what did artical 2 do
vest all execuative powers in the president
hat did artical 3 do
vest all judicial powers in teh supream court + inferiour court such as teh US congress from time to time ( the supream court to be the highest court of the land)
what did artical 4 define
the relationship between the federal states and the state
what did artical 5 define
the amend ment process
what are te three important points for the nature of the consitution vs teh UK ( 12 marker plan )
its codified in one place - ( unlike the uk)
* this is significnat as it means that political proceedures in the Us are clear and undeputerble where as in the uk they are not.
1. for example, According to the 12th Amendment, if no candidate receives a majority of the electoral college votes, the election is decided by the House of Representatives - come into play 3 times thoughout history
2. conversely, in the uk when there was not an outright majority reached by any party in the 2010 general election, it was unclear how an executive would form. they had to relly on an authorrtative work by Sir Gus O’Donnell. - unclear if best way or if gov had genuine mandate
its entrenched -( unlike teh uk )
* significnat as it means changes to to U consitution are much easier. Uk by statute lae and 50 vote for instance 1 way vs Uk lenthy amendment process ( expalin…)
1. for exampel the consitutional reform act 2005 that seperated the judicary from the legislgture ( the lords) was passed via a simple majority in the commons
2. conversly, in the US you need a 2/3 super majority in both chambers of the legislature and 3/4 of the federal state’s must agree.
3. this is why in US history there have only been 27 amendments made to the consitution vs constant cosnitutionally significant amendments in the Uk such as furtehr devlotion of powers
* its a blend of specificity and vagueness -( unlike the uk as the uk constution is a thoughgh colletion of statute laws, however it is also simmilar to teh uk in that alot of the roles of the branches and procedures are undefiend/by conetion)
1. e.g. till recently the prime minister would be the one who declaired war, however tony blair broek this convention in 2003 when he took the vote to parliament and now its a constitutional convection that this is the way its done
2. similllarly in the US, although congress is given the power to declair war, the president is givenn the power of comander in cheif of the armed forces. ( = both vague)
( or you can contrast tehn by saying by convetion PM signs treaties - may artical 50 supream court declaired not in con right despite treitie signoffs being a consitutional convention of the p.m. (e.g. blair defense trade cooperation act 2007) - ( occured ass passes as act of congress) - all UK somehwta unclear and plastic
vs eumerated power of president to negotiate but congress sign - START ( arms reduction treaty) negaotiated obmama and cirfirmed by 2/3 vote in the senate - however other powers such as denfense less clear
1. significant as shows rooms for interpretion for both
what amendement is it and who has the deiding vote in no candidate wins in the electoral collage
- The 12 amendment
- congress
how to spell Constitution
Constitution
How to spell commander in chief
commander in chief
whats a significant amendment that makes teh consitution more cofusing and vauge in relation to teh states + when was tehis rellevant to recently
- teh tenth amendmnet: states taht any powers not delegated in teh consitution are reserved to teh states.
- however its often unclear how far certain powers extend/ what tehy extend to.
- this was teh whole issue with Dobbes vs jackson(‘s womens health organisation ) 2022
by what methods have consitutional amendments been made in teh past
all on traditional method exept 21st amendment which repealed teh 8 ( prohabition) it was just overturned at a state convention not in the legislature)
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weigh the advanteages and disadvantages of the amendment process of the US consitution ( 30 marker plan)
Only effect importnat and long term policy areas
* the muti step compicated and lenthy process requiring two super majoities means that amendments are unlikly to be preposed let alone passed in insignificant and tempory areas as there will not be enough of a political will.
1. this is demonstraited by most of the 27 amendemnts being land mark events. For exaple, Thirteenth Amendment: Abolition of slavery and the Nineteenth Amendment: Right to vote regardless of gender.
lacks flexabillity to changin times ( can becoem outdated) (and not always teh case)
1. for example the Third Amendment: Protection against quartering of troops. And the second amendment: the rigth to own and bear arms
* this is no longer rellivant as it wasspecific to the situation that arrose after the American revolutionary war.
Ensures broad popularity amung the electorate
* prevents tynany of a small majority in congress .supper majorites stop a small majority enflickiting their will on the whole country as amendemts are so difficult to pass and require broad and consentrated support.
However the intended fedural nature of the system is also somewhat un democratic
* this is becuse small states are over represented population wise in both the senate vote and the state vote. Therefore the will of the minority rules in consitution based issues. This is an issue if a chnge has broad populaarrity. ( tynrany of the minority)
1. fro example, most teh US are in favour of some form of gun countrole but beuse the more rural, southern states tend to be pro gun states they have prevnted this ever becoming a significant part of the agenda.
maintines equaty between the federal state goverment and the individual state legisltures
* this is beause no matter by what means an amened ment is made a super majority is neede both (chamers of) congress and over all in the state vote. infact the states need a 3/4 majority so you could argue that they more significant in the dession process
1. this has occured 26 times by a vote and once by ratifying a convention.
* this is important as its hwo the framers of the consitution intnded for power to be distributed
However, Gives more power to the unelected supream court
* this is becuse vagueness left in past amendments and the consitution are not easily and almost never clarrified as supper majoritys are so hard to achive.
1. for example, this was isgnificnat recently in Dobbes vs jackson. Arguably the supream court was acting very poitically and therefore challenging the decocratic nature of teh US when they overturned a previous dession by the courts in Roe vs wade after the court swung to a rebublican majority. Here they were interpreting the rigth to privacy ( interms of health care). These unlected officials esentually got to deside if the consitution extended to include abortion as healthcare, and therfore if a womans right to an abortion was protected or not. this is beause the consitution is icredibily vauge and short.
what was the 13th amendemnt ?
- Thirteenth Amendment: Abolition of slavery
whats teh 19th amendment
Nineteenth Amendment: Right to vote regardless of gender.
how many times has a consitutional amendment been made by ratifying a convention in 3/4 of the state leg ?
1 time ( 21st)
what are the features of the US consitution
- federaliam
- speration of powers ( checks and ballences )
- bipartizanship
- limited government
whats is federalism and why did it come about
Ballencing/ didtributing power/soveignty between the state and the states in a permenat fassion that canot be reacalled
1. This was a key intension of the framers of the consitution as it after the failer of the confederation it was a must
where is federalsim in the US consitution
- Aritical 4 - explicity realtionship of the states and the branches of gov
- the tenth amendemnt: those powers that are not deligated in the consitution are reserved to the states
- Artical 1 - the makup of the senate
- Artical 2 - teh electoral collage
- artical 5 - the amendment process
evaluate the view that teh uS consitution succesfully upholds federalism
yes
evaluate the effectiveness of federalism today
intro- defien federalism, say where it is sourced, say its intentions: act as a means for effective governece (though autonomy and diveristy in the legilgtive branches and in congress), act as a means of limitted government/ (seperation of powers) and checks and ballences and premote unity between the states after the failer of the condederation
effective governace ( though diverity and autonomy)
* This small states can have disproportianate influece in policy areas
* eg in te senate which undermines popular soveigngty as ellectoral collage and any size stae 2 seats automaticlly - california pop 40 mill vs Wyoming 570,000 people and both 2 senators
1. significant a for example, after a school shootng in 2012 A bipartisan bill known as the Manchin-Toomey Amendment was introduced in the Senate in 2013, which aimed to expand background checks to cover private sales at gun shows and online. However, senators from small states such as Wyoming!, Montana, and North Dakota, were instrumental in blocking the bill’s passage though a fillabuster, where it looked liek other wise it might have passed.
allowing for effective governace via local autonomy and diversity
* federalsim being a “policy laboutory”
1. 2004 massachusetts leglised same sex marrge and other stataes quickly followed with 19 others enacting leglising legistation before oberfelld vs hogges in 2015 which legalsied it nation wide.
* rights may be challenged in areas not under the juristiction of the state
1. 2021 - the so called “ Texas Heartbeat Act” which bans all abortions once there is a deteded hear beat
sepertaionof power to:
* checks and ballences of federal gov
* federalsim gives has given the states a chance to check the power of the federal governemnt in consitutional
1. For exaple Congres wanted to pass the The ERA ( equal rights amendemnt) in 1972 but states would not ( delayed) ratifying it at state levels.
* Limmited (federal) gov
* 10th amendment, to prevent tyrany - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
1. e.g. One recent example of a state-enacted law that cannot be imposed at the federal level is the legalization of recreational marijuana. Several states in the United States have passed laws to legalize the recreational use of marijuana within their respective jurisdictions. These state laws conflict with federal law, which still classifies marijuana as an illegal substance. howver this is legal as 10th aendment
* been undermined by a stronger federal govermemt
* more of a will to enact power of the states and = more federal over reach
1. Voting Rights Act of 1965- Prohibition of discriminatory voting practice e.g litercy test and preclearance requirement on certain jurisdictions with a history of racial discrimination in voting before they changed thir laws
* critics argue this was undue federal control over state election processes which is protected via artical 10 - this was adressed i shellby country va holder in 2013 when some of the provisions were struck down.
Supream court
* protects federal powers
* if another branch of teh federal gov tries to legislate in an area thats not touched appon in the consitutiona and can return powers to the states
1. Dobbes vs jackson - texit heart beat bill - due to “trigger clause”
* judicial over reach and politisation of teh judicary
* increasing politisisation of the judicary as congress and its appointment confirmations become more partizan. This has the potencial for supream court to limit the states powers ( in ways some view to be unfair) and the states have no way to check or prevent thsi
2.e.g liberal court in 2015 Obergefell v. Hodges- limmits the states abillity to legislate in relation to smae sex marrage. - legaised it in 30 states automatcially
give an exaple of the federal states being a “policy laboutory”
masitusites legalsiign same sex marrage in 2004
how was same sex marrage legalsied in the US
Obergefell v. Hodges- becuse of the Fourteenth Amendment
give an example of states co-operating on a policy area
The RGGI- is a cooperative effort, several northeastern states to address climate change by reducing greenhouse gas emissions from power plants
give an exaple of small state sentors having disproportionate influence in the legsture
- Manchin-Toomey Amendment-for example, after a school shooting in 2012 A bipartisan bill known as the Manchin-Toomey Amendment was introduced in the Senate in 2013, which aimed to premote strickter gun controle. However, senators from small states such as Wyoming, Montana, and North Dakota, were instrumental in blocking the bill’s passage though a fillabuster, where it looked liek other wise it might have passed.
give an exaple of a state legislation challenging rights
- 2021 - the so called “ Texas Heartbeat Act” which bans all abortions once there is a deteded hear beat
give an exaple of an amendment that failed to pass
The ERA ( equal rights amendemnt) in 1972 but states would not ( delayed) ratifying it at state levels.
give an exaple of the federal government arguably limmiting the durastiction of the fedural states in recent years
- the supream court narrowing policy legislation areas
- Obergefell v. Hodges- limmits the states abillity to legislate in relation to smae sex marrage
evaluate teh view taht teh US consitution succesfully upholds federalsim
Intro: where federlaism is mentioned: Artical 1 the elctoral collage, artical 2 the makup of the senate, artical 4 the reltionship of the federla gov with the states, artical 5 the amendmnt process and the tenth amendment ( all remainignareas elft to teh states)
the courts + the tenth amendment
**mad vs mamsburry **
* madison vs mansburry estbished judicial review of federal gov protect states from them legistaing in areas reseved for the staes ( e.g in artical 10) - e.g. elction laws.
* dobbes vs jackson
no- fletcher vs peck
* The courts have arguably limmited the fedural duastiction of the states.
1. for example, Obergefell v. Hodges on same sex marrage, (2015), prior to this only 20 states had legalsied same sex marrage
2. Roe v. Wade in 1973. In this landmark decision, the Supreme Court struck down a Texas law that criminalized most abortions.
yes- the makup of the senate and the electoral collage ( articla 1)
* the senate makup reflects federalism vs popularism as no matter the size of a state it will have two senators.
1. for exampel wyoming has a population of half a million vs california that has almost 40 million. Both have 2 senators but california have 53 representives vs wyoming that has 1
* these numbres also reflect the makup of the numbre of votes each state gets in the electoral collage to deside the president.
* this illistrates how federalism enshrined in the US consitution enables the states to exersize controle over the federal government.
No- power has shifted over time
* the federal government has grown and with that we have seen more and more “federal overreach. For exple many argue that federal policys enacted in areas like health care in recent years are “federal over reach “.
1. for exaple many with the conservative perspective argue that the “afordable health care act” (obama care) 2010, that mandated most individuals to have health insurance.
2. political activism as robberts upheld
yes- The amendment process ( artical 5)
* for a cosnitutional amendment to pass a convention must be confirmed or voted through by 3/4 of state legislatures. they also have the power to propose conventions.
1. the ERA that was passed in both legislgtive chambers in 1972 but didnt pass past teh state legislgtures.
no - conditional funding
* allows the federal government to undermind the will of the state governemnts
1. For example, Once again those with the conservative perspective argue this applies to federal grants-in-aid for transportation infrastructure projects such as the Federal-Aid Highway Program.
2. The conditions may include specific design standards, environmental regulations, labor requirements, or other federal mandates. they argue that the conditional nature of these grants undermines the principle of federalism by exerting significant influence over state transportation policies and priorities, an area that should be entirly in the durasticttion of the dtatses acordign to the tenth amendment
