US Constitution Flashcards
What’s a federal form of government?
One in which some political power rests with the national (federal) government but other equally important powers rest with state governments
What was the compromise of congress and why?
To have 2 houses, the senate and the representatives
this was because larger stars wanted representation based on population whereas small states wanted equal representation.
Is the house of representative proportional to population of state?
Yes
How is the number of senators decided in the senate?
2 per state
Can you say House in a exam to refer to the HOR?
yes if use capital H
what was the compromise of the way a president would be elected?
The compromise was to have the president indirectly elected by an Electoral College
Three key features of the constitution:
- it’s codified
- some if it’s specific but some is vague
- it’s provisions are entrenched
Define constitution:
a set of political principles by which a country or organisation is governed.
What’s a codified constitution?
There is one document called the constitution
a constitution that consists of a full and authoritative set of rules written down in a single document
is codified and uncodified the same as written and unwritten?
No
Codified constitutions may not contain all constitutional provisions
Written constitutions may have some elements that are unwritten
How many articles are there, and whats the first 3?
7 articles
first 3 explain how the 3. reached if they federal government work and what their powers would be
What did article one establish?
Established congress as the national legislature and defined its membership, method of elections and powers
What did article 2 establish?
Established the president as chief executive and defined their method of election and powers
what did article 3 establish?
established the supreme court and set out its membership, method of appointment and powers
Examples of specific power given to congress:
The power to ‘collect taxes’
The power ‘to coin money’
Examples of vague powers to congress:
The power of congress ‘to provide for the common defence and general welfare of the united states’ 
‘ to make all laws which shall be necessary and proper for carrying into executing the foregoing powers’
Define enumerated powers:
Powers delegated to the federal government - generally those enumerated in the first 3 articles of the constitution
Powers given to the federal government by the US constitution
Example of a enumerated power:
The vice president is also the president of the senate and has the casting vote in the event of a tied vote
what’s an implied power?
Powers possessed by the federal government by interference from those powers delegated to it in the constitution
Example of implied powers:
The power to draft people into the armed forces may be implied by congress’s enumerated power to raise an army and navy
What’s a reserved power?
Powers not delegated to the federal government, or prohibited to it by the constitution
These are reserved to the states or to the people
What’s an example of a reserved power?
Marriage and divorce laws differ between states
What’s a concurrent power?
Powers possessed by both the federal and state governments
What’s an example of a concurrent power?
Highway management and maintenance, the federal government is responsible for US highways and the interstate system, while individual states manage intrastate highways
Define entrenchment
The application of extra legal safeguards to a constitutional provision to make it more difficult to amend or abolish
How many different ways can the constitution be amended?
4
If proposed by the 2/3 of the house and senate, who is it ratified by and how often has this been used?
3/4 of the state legislatures
used 26 times
If proposed by 2/3 of the house and senate, what’s the second option for ratification and how many times used?
Ratifying conventions in 3/4 of the states
Used once for the 21st amendment
If proposed by legislatures in 2/3 of the states calling for a national constitutional convention, who ratifies and how often used?
3/4 of the state legislatures
never been used
If proposed by legislatures in 2/3 of the states calling for a national constitutional convention, who can ratify (second option) and how often used?
Ratifying conventions in 3/4 of the states
Never been used
Define ratify
To sight and give official consent to a change or amendment
Define supermajority
Where approval is required by a 2/3 majority of congress
Does the president have a formal role in passing constitutional amendments, why?
No because having been agreed by both houses of congress they are not subject to presidential approval and neither can the president veto them
What’s 3/4 of state legislatures?
38
Advantages of the amendment process - Supermajority
supermajorities ensure against a small majority being able to impose its will on a large majority
Advantages of the US constitution amendment process - time and difficulty
The lengthy and complicated process makes it less likely the mmmm at the constitution will be amended on a merely temporary issue
Advantages of the US constitution amendment process - federal and state governments
It ensures that both federal and state governments must favour a proposal.
It gives a magnified voice to the smaller population states through the senates role and the requirement of 3/4 of state legislatures
Advantages of the amendment process - the provision for a constitution convention
The provision for a constitutional convention called by the states prevents congress from being able to veto the amendment without the consent of the states
Disadvantages of the amendment process - difficult
It makes it overly difficult for the constitution to be amended, thereby perpetuating what some see as outdated provisions (the electoral college)
Disadvantages of the amendment process - majority/minority tyranny
It makes possible the thwarting of the will of the majority by a small and possible unrepresentative minority
Disadvantages of the amendment process - lengthy and complicated
The lengthy and complicated process, nonetheless allowed the prohibition amendment to be passed (1918) banning the manufacture, sale and transportation of alcohol
Disadvantages of the amendment process- difficulty of the formal amendment
the difficulty of the formal amendment enhances the power of the unelected supreme court to make interpretive amendments
Disadvantages of the amendment process- small states
The voice of small population states is overly represented
What are the first 10 amendments made by congress in 1789?
The bill of rights
Examples of the Bill of Rights
Freedom of religion, speech, the press and assembly
The right to bear arms
Prohibition of cruel and unusual punishment
Amendments added later
Prohibition of slavery 13th amendment
Federal government granted power to impose income tax 16th amendment
Direct elections of the senate 17th amendment
Two term limit for the president 22nd amendment
Voting age lowered to 18 26th amendment
How many successful attempts have there been in amending the constitution?
27
Reasons why the constitution is so rarely amended:
- the founding fathers created a deliberately difficult process
- The constitution is, in parts, deliberately vague and has therefore evolved without the need for a formal amendment
- the supreme court has the power for judicial review
- Americans have become cautious about tampering with the constitution
does the US constitution still work and died it ensure democracy
YES Federalism
Federalism has proved to be an excellent compromise between strong national government and state government diversity
Does the US constitution still work and does it ensure democracy?
YES Text
The text has proved to be very adaptable to changes in US society
Does the US constitution still work?
YES demanding amendment process
The demanding amendment process has usually prevented frequent and ill conceived proposals for amendment
Does the US constitution still work, is it democratic?
YES Rights and liberties
rights and liberties of americans have been protected
Does the US constitution still work? is it democratic?
YES the supreme court
The supreme courts power of judicial review has made it even more adaptable through interpretative amendment
does the US constitution still work? Does it ensure democracy?
NO amendment process too difficult
The amendment process is too difficult, thereby making it well nigh impossible to amend parts no longer applicable or to add parts that a majority desired
does the US constitution still work, does it ensure democracy?
NO judicial review
The power of judicial review gives the supreme court too much power to amend its meaning
does the US constitution still work? does it ensure democracy?
NO too negative
the constitution is too negative giving it too much power to those who oppose change
does the US constitution still work? does it ensure democracy?
NO little sense
Some parts make little sense in todays society eg the electoral college
Does the US constitution still work?
NO framers envisaged
Some parts don’t work as the framers would have envisaged eg war making powers
What’s an interpretative amendment?
The ability of the Supreme Court to interpret the Constitution and, in effect change the meanings of the words within it
What are the 5 key principles the US constitution is based on?
- separation of powers
- Checks and balances
- Federalism
- Bipartisanship
- Limited government
What are the 3 branches of federal government?
The legislature (congress) The executive (headed by the president) The judiciary (headed by the supreme court)
Define separation of powers
A theory of governments where by political power is distributed among the legislature, executive and judiciary, each acting both independently and interdependently.
Define checks and balances
A system of government that gives each branch-legislative, executive and judicial-the means to partially control the power exercised by the other branches
What’s separated institutions sharing powers?
Separate institutions that share powers
Checks by the president on congress?
Veto a bill
Iran war powers resolution (Trump 2020)
Checks by the president on the federal courts?
Nominates judges Brett Kavanaugh (Trump 2018)
Pardon
Bernard Kerik former police commissioner (Trump 2020)
Commutation of sentences
Roger stone, political confidant (Trump 2020)
Checks by the congress on the president?
Amend/delay/reject legislative proposals 
American Health Care Act (2017) Trumps attempt to repeal and replace ‘obamacare’
Override veto
National defence authorisation act for 2021
Refuse to approve appointments
John Tower as secretary of defence (1989) SENATE ONLY
Refuse to ratify treaties
Convention on the rights of persons with disabilities (2012) SENATE ONLY
Impeachment and trial
Of Trump 2019 and 2021
Checks by congress on the federal courts
Propose constitutional amendments
Proposed federal marriage amendment 2015
Refuse to approve appointments
Merrick Garland to the SC (2016) SENATE ONLY
Checks by the federal courts on congress?
Declare law unconstitutional
Defence of marriage act (1996) in 2013
Check by the federal courts on the president?
Declare actions unconstitutional
Declared unconstitutional president trumps claim that he did not have to comply with a subpoena from a New York district attorney seeking information on Trumps personal business and financial dealings
Define Impeachment
A formal accusation of serious wrongdoing or misconduct of a serving federal official by a simple majority vote of the HOR
then a impeachment trial in the Senate
How does checks and Balances link to the power and effectiveness of different institutions?
For example congress have the power of the purse
They must agree to the money needed by the president for the presidents policies
A congress dominated by the opposing party of the P can wield a significant amount of power over the ability of the P to get things done
Define Federalism
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
Does the constitution mention federalism?
No
it was written into the document in the enumerated powers of the federal government
the implied powers of the federal government
The concurrent powers of the federal and state governments
The tenth amendment
compare federalism with the UK
The UK is an example of a unitary system rather than a federalist state.
A significant degree of devolution has however taken place in the UK in recent decades
Federalism under obama
What did he focus on between 2009-2017
Domestic policy in order to pursue his ‘change agenda’
Federalism under Obama
An increase in federal government in such programmes as:
An economic stimulus package
The re authorisation of state childrens health insurance programme (S-CHIP)
The expansion of Medicaid
Obamacare 2010
Federalism under Donald Trump
How do most republican presidents react to federalism?
to shrink the size and scope of the federal government
Federalism under Trump
Did he generally agree with past republican presidents ?
Yes generally but were times when he attempted to make the states subservient to the federal government, but mostly in ways to increase the power of the president
Such as:
- trying to end state lockdowns during the covid 19 pandemic
- policies towards illegal immigrants and ‘sanctuary cities’
- use of the national guard and federal troops during the BLM protests of May/June 2020
What are the legal consequences of federalism?
there is a variation in state laws on such matters as the age of which people can marry or drive a car or have to attend school. Laws on the death-penalty vary. There are federal and state courts.
What are the policy consequences of federalism?
States can act as policy laboratories, experimenting with new solutions to old problems, there is a great variation between the states on such policies as healthcare provision, immigration, affirmative action and environmental protection.
What are the election consequences of federalism?
All elections are state based and run under state law
What are the consequences for political parties of federalism?
Political parties in the USA are essentially decentralised, state-based parties.
What are the economic consequences of federalism?
huge federal grants going to the states, as well as the complexity of the tax system because, for example, income tax is levied by both federal and some state governments.
Regionalism and federalism
The regions of the south, the midwest, the north east and the west have distinct cultures as well as racial, religious and ideological differences
What did the framers of the constitution hope to encourage?
A spirit of bipartisanship and compromise between the President and Congress.
Laws would be passed, treaties ratified and budgets fixed only when both parties worked together
Define bipartisanship
Agreement or cooperation between 2 different political parties that usually oppose each other.
Define Limited government
A government prevented from being all powerful by the limits provided by the constitution
Why is the US executive limited?
The system of checks and balances, separation of powers
Is the USA still a federal nation?
Yes Income tax
all citizens pay federal income tax and the states depend on financial support from the federal government
Is the USA still a federal nation?
Yes healthcare
healthcare provision is heavily dependent on federal funding, with the majority of states providing Medicaid.
Is the USA still a federal nation?
Yes education
The federal government has mandated parts of education policy.
Is the USA still a federal nation?
Yes Homeland security department
The homeland security department coordinates and controls responses to threats to the nation, for example terrorist threats and natural disasters.
Is the USA still a federal nation?
Yes National crisis
The states depend on the federal government during national crisis. The federal emergency management agency exists because the individual states cannot do what federal government can do
Is the USA still a federal nation?
Yes The SC
The Supreme Court has made Rawlings in favour of the federal government over the states
Is the USA still a federal nation?
No varied laws
laws vary significantly across states, including the legality of the death-penalty, state taxes and the legal status of marijuana
Is the USA still a federal nation?
No, medical insurance
States control the provision of medical insurance
Is the USA still a federal nation?
No, electoral practices
electoral practices vary significantly from state to state
Is the USA still a federal nation?
No, sanctuary cities
some states use sanctuary cities to prohibit local law officers from helping federal immigration officials
Is the USA still a federal nation?
No national crisis
during national crisis or national disasters such as COVID-19, state governors act in the best interests of their state
Is the USA still a federal nation?
No the supreme court
The Supreme Court has made rulings in favour of a state over federal government, e.g. Texas V United States 2016
