The US Constitution & Federalism Flashcards

1
Q

Bipartisanship

A

Attempts within the structure of the US Congress to try and ensure that the two main parties must work together in order to fulfil Congressional functions.

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2
Q

Checks & Balances

A

The division of power between the 3 branches of government where each branch has a direct ability to prevent action from another branch.

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3
Q

Codification

A

A constitution that is written down in one document.

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4
Q

Constitution

A

A set of rules determining where sovereignty lies in a political system, and establishing the precise relationship between the government and the governed.

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5
Q

Entrenchment

A

A system by which the US constitution is protected from change by law; in this case, by the Amendment Process of Article V.

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6
Q

Enumerated Powers

A

Such powers are stated explicitly in the US Constitution - for example Article I, Section 8 provides a list of Congressional powers.

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7
Q

Federalism

A

The US system in which sovereignty is shared between a central government (federal government) and the individual states, with each having their own specific rights.

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8
Q

Limited Government

A

The power of the US federal government over its states and citizens is subject to limitations as laid out in the Constitution.

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9
Q

‘Principle’

A

A fundamental and ‘organising’ idea that runs throughout the US Constitution, e.g. democracy or accountability.

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10
Q

Separation of Powers

A

The three key bodies of government (legislature, executive and judiciary) each have their own powers, personnel and buildings.

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11
Q

When was the US constitution signed?

A

1789

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12
Q

How many Articles and Amendments does the Constitution have?

A

7 articles
27 amendments

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13
Q

What are the first 10 amendments known as?

A

The Bill of Rights

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14
Q

What does Article I establish?

A

The legislative branch - the structure, powers and elections of Congress

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15
Q

What does Article II establish?

A

The executive branch - the structure, powers and elections of the President.

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16
Q

What doe Article III establish?

A

The judicial branch - the structure and powers of the Supreme Court.

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17
Q

What does Article IV establish?

A

The states - the relationship between states and the admittance of new states.

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18
Q

What does Article V establish?

A

Amendments - the amendment process to the US Constitution.

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19
Q

What does Article VI establish?

A

The supremacy of the Constitution

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20
Q

What does Article VII establish?

A

Conditions for ratification of the constitution.

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21
Q

What is needed for an amendment to the constitution?

A

2/3 of Congress and 3/4 of states

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22
Q

What does the 1st amendment protect?

A

Free speech, freedom of religion, freedom of the press and the right to petition the government.

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23
Q

What does the 2nd amendment protect?

A

The right to bear arms

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24
Q

What does the 4th amendment protect?

A

No unreasonable searches and seizures

25
Q

What does the 5th amendment protect?

A

The right to not self-incriminate and against double jeopardy

26
Q

What does the 6th amendment protect?

A

The right to a speedy trial and trial by jury

27
Q

What does the 8th amendment protect?

A

No cruel or unusual punishments

28
Q

What does the 10th amendment say?

A

Any powers not specifically given to the federal government are reserved for the states or to the people.

29
Q

What does the 16th amendment say?

A

Congress has the right to lay and collect taxes on incomes.

30
Q

What did the 13th amendment abolish?

A

Slavery

31
Q

What did the 15th amendment say?

A

The right of a citizen to vote shall not be denied on account of race or colour.

32
Q

What did the 19th amendment say?

A

The right of citizens to vote shall not be denied due to sex.

33
Q

What did the 26th amendment do?

A

Lowered the voting age to 18

34
Q

What did the 22nd amendment do?

A

Said that presidents can only serve for 2 terms

35
Q

What are the enumerated powers of congress?

A
  • to lay and collect taxes
  • to produce coins
36
Q

What are the enumerated powers of the President?

A
  • commander in chief of army and navy
  • presidential veto
  • pardon
  • making treaties
  • appointing ambassadors and judges
37
Q

What are the enumerated powers of the Supreme Court?

A

Judicial review

38
Q

What are implied powers of Congress?

A

The ‘necessary and proper clause’

39
Q

What are implied powers of the President?

A
  • commander in chief of the air force, marines and coast guard
  • form a cabinet
  • sign executive orders/agreements
40
Q

What are implied powers of the Supreme Court?

A

Strike down legislation as ‘unconstitutional’

41
Q

What is the ‘necessary and proper clause’?

A

Congress has the power to assume any powers which are necessary for it to be able to carry out the enumerated powers.

42
Q

What does judicable?

A

Higher form of law allowing other laws to be judged on it

43
Q

Why did the Founding Fathers make the constitution so hard to change?

A

They were worried about the unconstrained power of a king/dictator.
They feared the people electing a populist leader.
They wanted to protect state identities.

44
Q

Why is the constitution deliberately vague?

A

To resolve disputes between parties/states.
So that it can become flexible.

45
Q

3 reasons why vagueness is good:

A
  • allows compromise during a disagreement about the constitution
  • allows it to adapt to changing society
  • lack of vagueness in 2nd amendment has made it hard to have effective gun control
46
Q

3 reasons why vagueness is bad:

A
  • may cause more disagreement about what is meant by words
  • too much power given to Supreme Court
  • allows bad legislation to become law
47
Q

What powers do state legislatures typically have?

A
  • regulate elections
  • maintain a militia
  • establish local gov
48
Q

What are typical federal government powers?

A
  • to declare war
  • to make treaties
  • to coin money
49
Q

How much of state’s funding is from the federal government?

A

25%

50
Q

What checks does Congress have over the President?

A
  • veto override
  • power of the purse
  • declare war
  • impeachment
  • ratify treaties/appointments
  • write legislation
51
Q

What checks does Congress have over the Supreme Court?

A
  • impeachment of justices
  • propose a constitutional amendment
  • creation of lower courts
  • ratify judicial appointments
52
Q

What checks does the President have on Congress?

A
  • suggest legislation
  • sign/veto legislation
  • commander in chief of armed forces
53
Q

What checks does the President have on the Supreme Court?

A
  • power of the pardon
  • nomination of judicial appointments
54
Q

What checks do the Supreme Court have over both the President and Congress?

A

Judicial review

55
Q

How many justices have been impeached?

A

Only 1

56
Q

How many amendments have been made without the support of the Supreme Court?

A

Only 1

57
Q

Divided government

A

When at least one of either the presidency, the house and the senate is held by a different party than the others.

58
Q

What is the advantage of divided government?

A

Oversight is much better

59
Q

What are the disadvantages of divided government?

A
  • becomes inefficient (can’t get legislation through)
  • 90% of bills are pigeonholed