The US constitution. Flashcards

1
Q

Articles and what they include.

A
Section 1 - Legislative
Section 2 - Executive
Section 3 - Judicial
Section 4 - Relationships between states and the Federal Government.
Section 5 - Amendments
Section 6 - Federal supremacy 
Section 7 - Process of ratification.
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2
Q

Definition of Codified constitution

A

When the constitution is written and documented in law and can be open to the interpretation of citizens and the judicial system.

Most major democracies have this. E.g. The U.S constitution

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3
Q

Functions of a codified constitution.

A

Authoritative - Seen as a higher law, sets out the law for all political proceedings
Entrenched - very difficult to amend or abolish
Judicial - Allows other was to be judged against it

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4
Q

Benefits of a codified constitution

A

Clear to see government acting wrong - 2021 trump riots
Protects human rights - Brown vs board of education
Clear rules for political procedure - Prosecuted Nixon in the watergate scandal.

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5
Q

Negatives of a codified constitution

A

Hard to change, requires amendments

Judicial Tyranny can be open to an interpretation.

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6
Q

Limited government

A

Shown in the ninth and tenth amendments, government should operate with minimalist intervention policy and should just uphold the rights and laws of its citizens.

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7
Q

Entrenched rights

A

Defined as rights which are explicitly protected by the constitution.

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8
Q

Checks and Balances

A

Checks and balances are the ways in which each interdependent bodies of government, president, Supreme Court and congress prevent the government from becoming to tyrannical and powerful

Examples of this:

Congress ->Confirms judicial appointments to the Supreme Court e.g. Amy Coney Barnett to the Supreme Court by 52 - 48

Congress ->Makes laws and allocates firms to the president - Vetoing and veto overriding legislation e.g. Obamas 2016 veto on the right of the families of the 9/11 victims to sue Saudi Arabia, then overridden

Supreme Court->Rules on legislation that congress introduces e.g.Roe vs wade 1974 women’s abortion is a right

Supreme Court->Rules on executive action e.g. Marbury vs Maddison which allowed the Supreme Court to interpret and rule on legislature and executive action.

President->Can veto congresses legislation e.g. Trump Veto’d 10 acts of legislature in his time as president in 2016-2020

President->Appoints Judges to the Supreme Court e.g. Obama appointing Soto mayor in 2009.

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9
Q

Why are the government bodies interdependent?

A

Prevents a government from becoming to tyrannical and corrupt.

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10
Q

What does Article 1 outline

A

Legislative - Congress

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11
Q

What does Article 2 outline?

A

Executive - The president

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12
Q

What does Article 3 outline

A

Judiciary - Supreme Court and the judicial system

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13
Q

What does Article 4 outline

A

The relationship between state and federal governments

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14
Q

What does article 5 outline

A

Process of amendments

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15
Q

What does Article 6 outline

A

That the Federal Government rules supreme to all other state governments

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16
Q

What does Article 7 outline

A

Process of ratifying amendments into new laws

17
Q

What is the division of government into three branches known as?

A

Separation of powers and it was introduced to stop tyranny by the founding fathers.

18
Q

The Amendment Process

A

The process of changing the constitution. Requires a 2/3 house and senate majority to pass. Very difficult to do, there have only been 27 amendments since 1789.

19
Q

The bill of rights (1791)

A

The Bill of rights amendments 1 - 10

1 - Free expression, speech and religion
2 - Right to bear arms
3 - No quartering of troops in homes
4 - No unlawful searches and seizures
5 - Rights of an accused person
6 - Right to stand trial
7 - Right to common-lawsuits
8 - Excessive bail and punishments are prohibited.
9 - Un-enumerated rights protected
10 - Un-delegated powers reserved to the states or to the people
20
Q

Advantages of the amendment process.

A

Only meaningful change is passed because of the length of the process so temporary issues wont change the constitution
Supermajorities have the power rather than minority.
With so any checks the legislation will be valid and meaningful and not pointless.

21
Q

Disadvantages of the amendment process

A

It makes it very difficult for the constitution to be amended, meaning it can become outdated like the electoral college or gun laws
Minority could be underrepresented
Still allowed the prohibition amendment of 1918 to be passed which was clearly a bad idea.
Unelected Supreme Court has a say.

22
Q

Define Bipartisanship

A

Close cooperation between the two major parties to achieve desired political goals.

23
Q

Define Federalism

A

A theory of government by which political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction.

Decentralised power