the US constitution Flashcards

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1
Q

what is the senate?

A

‘upper chamber of congress’

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2
Q

how many senators are there in total?

A

100

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3
Q

how many senators are there from each state?

A

2

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4
Q

how long do senators serve for?

A

6 years

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5
Q

what is the house of prepresentatives?

A

the lower chamber of congress

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6
Q

how many representatives are there in the house of representatives?

A

453

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7
Q

how often are representatives from the house of representatives elected?

A

every 2 years

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8
Q

what does the number of representatives from each state depend on?

A

the size of the state

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9
Q

what are the powers of the senate?

A
  • legislation
  • ratification of federal judges
  • ambassadors, executive appointees and treaties
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10
Q

what are the powers of the house?

A
  • legislation
  • financial legislation begins
  • begins impeachment process
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11
Q

what are the three branches of government?

A

executive, legislature, judiciary

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12
Q

what is the role of the legislature?

A

to make laws

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13
Q

what is the law of the executive branch?

A

puts the law into practice and makes day to day decisions

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14
Q

what are negative rights?

A

list of all the things you cant do

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15
Q

what are positive rights?

A

list of all the things you can do

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16
Q

whats a super majority?

A

support of more than 2/3 or 3/4

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17
Q

who attended the constitutional convention in 1787?

A

founding fathers

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18
Q

who did the founding fathers want the national government to be accountable to?

A

the people as a whole and the states

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19
Q

what is the role of the judicial branch?

A

enforces the laws
interprets the laws

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20
Q

why was power divided between three branches of government?

A

to ensure that government would not become over powerful

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21
Q

how does Richard Neustadt describe the system of the three branches?

A

‘sparate institutions sharing power’

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22
Q

what are checks?

A

stopping or slowing progress

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23
Q

what are balances?

A

act to make things even

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24
Q

how many articles are there in the US constitution?

A

7

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25
Q

what did the first three articles of the constitution establish?

A

the structure and powers of the three branches of government

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26
Q

what is describes in article 1?

A

congress

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27
Q

what is described in article 2?

A

presidency

28
Q

what is described in article 3?

A

the supreme court

29
Q

describe what was described in article 5?

A

the procedure by which amendments to the constitution would be passed

30
Q

how many amendments have been passed since 1787?

A

27

31
Q

how often are presidents and vice presidents to be elected?

A

every 4 years

32
Q

what are the first 10 amendments called?

A

the bill of rights

33
Q

summarise the first amendment

A

prevents congress making laws regarding religious beliefs or restricting ‘freedom of speech or the press’

34
Q

summarise the second amendment

A

the right to keep and bear arms shall not be infringed

35
Q

summarise the fourth amendment

A

prohibits unreasonable searches and seizures

36
Q

what does the fourth amendment ensure a right to?

A

privacy

37
Q

summarise the fifth amendment

A

people cannot be deprived of life, liberty or property without due process or law

38
Q

what does the 8th amendment prohibit?

A

cruel and unusual punishment

39
Q

summarise the 10th amendment

A

powers not granted to the US government by constitution belong to the states or constitution

40
Q

when was the bill of rights established?

A

december 15th, 1791

41
Q

what are the key features and principles of the us constitution?

A
  • codified
  • federal
  • popular sovereignty
  • separation of powers
  • limited government
42
Q

explain the significance of the US having a codified constitution

A
  • clear and accessible
  • very hard to change
43
Q

explain the significance of the US having a federal constitution

A
  • historically states have used their freedom to discriminate
  • states in which people want to do things they can
  • states can try things out
44
Q

explain the significance of the US constitution featuring popular sovereignty

A
  • people have all the power
  • people could make mistakes
45
Q

explain the significance of the separation of powers

A
  • no one state has too much power
  • no one has enough power
  • government could shut down
46
Q

explain the significance of limited government

A
  • potentially frees you from tyranny
  • potentially means things can be important but don’t happen
47
Q

what does the term ‘limited government’ mean

A

central government should do as little as possible

48
Q

what checks can the executive (president) exert over the legislature (congress) ?

A
  • can propose legislation
  • can veto bills passed by congress
  • can call special sessions of congress
  • is commander in chief of armed forces
49
Q

what checks can the judiciary (supreme court) exert over the legislature (congress) ?

A
  • supreme court can rule an act unconstitutional
  • interprets laws passed by congress
50
Q

what checks can the legislature (congress) exert on the executive (president) ?
1.
2.

A
  1. senate confirms major presidential appointments
  2. congress can pass, delay, reject or amend the presidents legislative proposals
51
Q

what checks can the legislature (congress) exert on the executive (president) ?
1. senate confirms major presidential appointments
2. congress can pass, delay, reject or amend the presidents legislative proposals
3.
4.

A
  1. congress has the ‘power of the purse’
  2. senate ratifies treaties signed by the president (2/3 majority)
52
Q

what checks can the legislature (congress) exert on the executive (president) ?
1. senate confirms major presidential appointments
2. congress can pass, delay, reject or amend the presidents legislative proposals
3. congress has the ‘power of the purse’
4. senate ratifies treaties signed by the president (2/3 majority)
5.
6.
7.

A
  1. congress can override a presidential veto (2/3 majority in both houses)
  2. congress can impeach and remove the president for ‘high crimes and misdemeanours’
  3. congress can declare war
53
Q

what checks can the legislature (congress) exert on the judiciary (supreme court) ?

A
  • the senate has to approve all judicial appointments
  • congress can create new lower courts
  • congress can change the number of judges
  • congress can impeach and remove judges for misbehaviour
  • congress can propose constitutional amendments
54
Q

what checks can the executive (president) exert on the judiciary (supreme court) ?

A
  • president appoints all federal judges
  • pardons
55
Q

what checks can the judiciary (supreme court) exert on the executive (president) ?

A
  • can rule presidential actions unconstitutional
  • can rule against the executive in cases
  • can issue and refuse warrants to allow police search
56
Q

every treaty has to be agreed by which branch?

A

the legislature

57
Q

give an example of a time the judiciary put a check on the executive

A

US vs Nixon

58
Q

give 2 examples of when the judiciary placed a check on the legislature

A

US vs Lopez
Reno vs ACLU

59
Q

give 2 examples of when the executive placed a check on the legislature

A

Hamdan v Rumsfeld
Trumps defence bill veto

60
Q

give an example of when the executive placed a check on the judiciary

A

food pardons - Nixon

61
Q

give 3 examples of when the legislature placed checks on the executive

A

Bush 43s s-CHIP veto
Obama’s JASTA veto
Andrew Johnson (1868)

62
Q

give 2 examples of when the legislature placed checks on the judiciary

A

16th amendment
26th amendment

63
Q

state the factors that prove checks and balances are effective

A
  • bipartisanship
  • divided government
  • checks and balances have stood the test of time
  • many checks and balances are rarely used
64
Q

how does bipartisanship prove checks and balances are effective?

A

parties work together - represents more people
prevents mistakes - choices have been discussed a lot

65
Q

how does divided government prove checks and balances are effective?

A
  • no healthcare, no wall
  • representing most recent election
66
Q

state the factors that prove checks and balances are not effective

A
  • gridlock
  • divided government
  • become overly politicised
  • many are rarely used
67
Q

how could you use the bill of rights to argue that a death penalty is constitutional?

A
  • 5th