US Constitution Flashcards

1
Q

what is the constitution?

A

a collection of rules, principles and conventions which outlines the political system, location of sovereignty and relationship between the government and those being governed

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2
Q

what is the federal government?

A

the federal government is the national government of the USA, consisting of three branches- congress (legislative), presidency (executive) and the Judiciary (judicial)

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3
Q

what is federalism?

A

Federalism is the system of government in which power and sovereignty are shared between the federal government and individual states

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4
Q

What is the US Constitution?

A

-the governing document of American politics for over 200 years
-the source of all political power in the USA
-provides a clear structure for federal government
-protects the rights and liberties of US Citizens
-outlines federalism
-basis for Supreme Court rulings
-constrains the power of the branches of US government

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5
Q

what are the origins of the US Constitution?

A

In Philadelphia in 1787, 55 men (known as the founding fathers) assembled to remedy the political problems evident in the Articles of Confederation. They then drafted a replacement for the Articles of Confederation ,the US constitution. Until 1788 when New Hampshire became the ninth state the ratify the Constitution making it binding.

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6
Q

When was the US constitution written?

A

1787 and ratified in 1789

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7
Q

How many times has the US constitution been formally amended?

A

27 times

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8
Q

what are the key features of the US Constitution?

A

-7,000 words
-to avoid becoming outdated, the language in the Constitution is purposefully vague, to allow it to be adapted and interpreted over time
-The US constitution is CODIFIED (therefore sovereignty lies in the Constitution as the source of political authority and power)
-US Constitution is ENTRENCHED which means it is protected by the law

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9
Q

what are the three branches of US Government?

A

EXECUTIVE (president)
LEGISLATIVE (Congress with includes the Senate and the House of Representatives)
JUDICIAL (Supreme Court)

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10
Q

How can the EXECUTIVE branch check the powers of the LEGISLATIVE?

A
  • can amend, delay or reject legislation
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11
Q

How can the EXECUTIVE branch check the powers of the JUDICIAL?

A

-Can issue pardons
-can use the veto override

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12
Q

How can the LEGISLATIVE branch check the powers of the EXECUTIVE?

A
  • can veto bills
    -can impeach the president
    -can reject and approve appointments
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13
Q

How can the LEGISLATIVE branch check the powers of the JUDICIAL?

A

-approves judicial appointments
-can create lower courts
-can suggest constitutional amendments

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14
Q

How can the JUDICIAL branch check the powers of the EXECUTIVE?

A

-can rule actions of the executive branch unconstitutional
-nominates judges
-send nominations and treaties to congress

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15
Q

How can the JUDICIAL branch check the powers of the LEGISLATIVE?

A

-can rule legislation unconstitutional

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16
Q

How can the US Constitution be amended?

A

the US Constitution can only be amended formally though the process laid out in Article V entrenchment

17
Q

What are the 2 stages of the Amendment process?

A
  1. A proposal stage at national level
  2. A ratification stage at state level
18
Q

What is the ratification time limit?

A

Congress can place a time limit on the ratification process, typically 7 years. This is to avoid events like the 27th amendment, which took more that 202 years to ratify

19
Q

what are the strengths of the amendment process?

A
  • the process works, with 27 amendments having been added
    -the constitution and its principles have endured the test of time, with the amendment process protecting these principles
    -the process requires bipartisanship, which prevents tyranny of one party or opinion
    -the process protects federalism by preventing the federal government from gaining too much power
20
Q

what are the limitations of the amendment process?

A

-the requirement of supermajorities has made the process too difficult
-the unelected Supreme Court gains too much power through interpretive amendments
-the process can allow for a tyranny of the minority, with just a few members of Congress or states being able to hold up amendments
-the process means it is difficult to incorporate new and evolving ideas into the US constitution, making it increasingly out of date
-the process has allowed for poor amendments such as the 18th amendment with was later repealed 14 years later by the 21st amendment

21
Q

what are the 5 key principles of the constitution?

A

1.the separation of powers
2.checks and balances
3.bipartisanship
4.limited government
5.federalism

22
Q

what is the separation of powers?

A

Governmental powers are divided between three branches of government, all of which can act independently and interdependently
IN THE CONSTITUTION: the powers that are outlined in Articles 1, 2 and 3. The branches are physically separate

23
Q

How effective is the separation of powers today?

A

effective:
-the branches remain completely separate from one another and act independently
ineffective:
- the president haas usurped some of Congress’s power (eg: dominates military actions)

24
Q

what are checks and balances?

A

each of the three branches of government can exercise control over the other branches
IN THE CONSTITUTION: the checks laid out in Article I, II and III

25
Q

How effective are the checks and balances today?

A

effective:
-use of checks such as veto and overide demonstrate their continued importance
ineffective
- checks and balances can lead to gridlock and ultimately government shutdowns

26
Q

what is bipartisanship?

A

the requirement of political parties to act together
IN THE CONSTITUTION: the 2/3 requirements for amendments and the veto override

27
Q

how effective is bipartisanship today?

A

use of veto override proves that bipartisanship