US Constitution Flashcards
What is the US Constitution?
- 7000 words
- Source of all power
- Clear structure for federalism
- Protects rights and liberties
What is limited government?
Avoid federal government gaining unlimited power through separation of powers and checks and balances.
What are the three branches of government?
President, Congress and the Supreme Court
What article ensures separation of powers?
Article 1: Ineligibility Clause - you can’t control more than one branch
What are checks and balances?
Power of one branch to counteract another
Ensures every branch can oversee another
What is bipartisanship?
2 parties working together to form a supermajority to pass legislation.
What is federalists,?
Shared sovereignty between states and central government. Aims to defend individual forces whilst keeping a central power.
What is the 1st Amendment?
Freedom of speech?
What’s the 2nd amendment?
Right to keep and bear arms
Whats the 8th amendment?
Protection against cruel and unusual punishments
Whats the 9th and 10th amendment?
Rights/powers not enumerated belong to the people or the states
Whats the 13th Amendment?
Abolishes slavery
If a constitution is codified, what is it also?
1) entrenched
2) authoritative
3) judiciable
Why is the constitution codified?
Stop groups changing Constitution for their self interest
Where is the Elastic Clause?
Article I, Section 8: Congress has the power to make all laws which shall be necessary and proper
For what purpose is the Constitution vague?
1) allows it to evolve
2) disagreement
When were implied powers first set out?
McCulloch v Maryland 1819 - Maryland tried to tax notes from the Second National Bank (set up by congress using the elastic clause). It was appealed successfully, showing Congress’ implied powers.
(e.g President wasn’t commander in Chief of the Air Force until 1947 as an air force didn’t previously exist)
What problems arose due to vagueness
1) fails to recognise political practice
2) SC becomes too powerful
3) conflict contradicts bipartisanship
When was Judicial Review established?
Marbury v Madison 1803
Problems with Judicial review?
1) Their decisions aren’t legally binding
- > Hamdan v Rumsfield 2006: Congress ignored unfair treatment of Guantanamo Bay inmates
2) rely on someone else to back up decisions
- > Brown v Board of Education 1954 - Eisonhower had to intervene in Little Rock
3) judges are unelected
What is needed to impeach a President?
- Simple majority in House starts process
- Super majority in Senate runs the trial
Why was Bill Clinton tried for impeachment, and what was the outcome?
Over sexual harassment charges by Paula Jones and denying sexual relations with Paula Lewinsky
Acquitted on charges of perjury (50-50) and obstruction of justice (45 guilty -55 not guilty)