Unit 1 - The Constitution Flashcards
When was the US constitution signed?
1787
What is the constitution?
A handbook for helping the Supreme Court make decisions, it guarantees basic rights for citizens and says how the government will be ran
How did the US constitution come into existence?
When delegate voted to remove the articles of confederation, the constitution replaced the articles - necessary as articles were badly written and led to economic issues
What are the 7 articles of the constitution?
I - all power placed in congress which will be split into the senate and the House of Representatives
II - executive power of the president
III - judicial power of Supreme Court
IV - relationship between federal and state governments
V - amendment procedures
VI - supremacy clause - federal government always overrides state governments
VII - ratification - there should be a formal confirmation usually by vote
What are the 3 principles of the constitution?
Separation of powers
Federalism
Checks and balances
What does a principle of the constitution mean?
What the constitution aims to achieve
How is separation of powers a principle of the constitution?
It stops one person having complete power and stops the government from becoming corrupted - power is distributed between the judicial branch, executive branch and the legislative branch
How is federalism a principle of the constitution?
It gives states representation as power is divided between the federal and state governments
How is checks and balances a principle of the constitution?
It means that each branch of the government can partially control the others - it also makes sure that someone is always checking the President and congress so they cannot do whatever they want
What are the 3 features of the US constitution?
Codified
Judicable
Entrenched
What does it mean that the US constitution is codified?
It means that the US constitution is written up in one document that contains 7 articles
What does it mean that the US constitution is Judicable?
It means the US constitution can be used to determine the legality of ones actions, laws passed by the federal government become law of the land which sets out some laws that all Americans must follow
What does it mean that the US constitution is entrenched?
It means the US constitution s protected from enemy attack by those who try to change it or abolish it - this is because it has a complex amendment process
Why are the 3 features of the US constitution considered so significant? And not so significant?
Judicable - especially significant in ensuring civility and in ensuring the executive branch act legally and dont see themselves as above the rule of law
Entrenched - protected from enemy attack and stops there being a dictator HOWEVER the complex amendment process leads to interpretative amendments which can be repealed and may reduce rights
Codified - citizens can better protect their rights and be aware if them so they aren’t exploited HOWEVER does lead to citizens not wanting to led go of dangerous rights such as the second amendment which causes the deaths of so many
Why were the articles of confederation bad?
They were made by a provisional government in 1777 - the making of them was rushed
Made central government too powerful
No judicial court system
No national economy - led to inflation as states printed too many continentals making them worthless
What is the US constitution made up of?
It’s a mixture of ideas from different state constitutions, the articles of confederation and also from ideas of political philosophers
Who were the founding fathers influenced by when it came to adding the separation of powers to the US constitution?
A French political philosopher called Montesquieu
What did Montesquieu argue?
He argued for a separation of powers to avoid tyranny
What does the separation of powers mean?
That there should be 3 branches of the US government, an executive, a legislative and a judicial branch - these should be independent but also co-equal and no person should be in more than one branch of the federal government at the same time.
An example of someone having to leave a certain branch of the government to be part of another?
When Obama had to resign from the senate when he was elected as president
In my opinions is the separation of powers effective?
I do think that the separation of powers is very effective, as it stops one singular person from becoming too powerful. For example, Obama, if he was allowed to be part of the senate and the president, he may have had too much power and there’d be a risk of there being a corrupt government.
Founding fathers
The men who wrote the Declaration of Independence and drafted the constitution
Who makes up each branch of the US government?
Executive - president and exop
Judicial - Supreme Court
Legislative - congress
Bipartisanship
Cooperation between republicans and democrats, as well as compromise between the president and the congress