US Constitution Flashcards
what is the constitution?
a collection of rules, principles and conventions which outlines the political system, location of sovereignty and relationship between the government and those being governed
what is the federal government?
the federal government is the national government of the USA, consisting of three branches- congress (legislative), presidency (executive) and the Judiciary (judicial)
what is federalism?
Federalism is the system of government in which power and sovereignty are shared between the federal government and individual states
What is the US Constitution?
-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
what are the origins of the US Constitution?
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.
When was the US constitution written?
1787 and ratified in 1789
How many times has the US constitution been formally amended?
27 times
what are the key features of the US Constitution?
-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-to avoid becoming outdated, the language in the Constitution is purposefully vague, to allow it to be adapted and interpreted over time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
what are the three branches of US Government?
EXECUTIVE (president)
LEGISLATIVE (Congress with includes the Senate and the House of Representatives)
JUDICIAL (Supreme Court)
How can the EXECUTIVE branch check the powers of the LEGISLATIVE?
- can amend, delay or reject legislation
How can the EXECUTIVE branch check the powers of the JUDICIAL?
-Can issue pardons
-can use the veto override
How can the LEGISLATIVE branch check the powers of the EXECUTIVE?
- can veto bills
-can impeach the president
-can reject and approve appointments
How can the LEGISLATIVE branch check the powers of the JUDICIAL?
-approves judicial appointments
-can create lower courts
-can suggest constitutional amendments
How can the JUDICIAL branch check the powers of the EXECUTIVE?
-can rule actions of the executive branch unconstitutional
-nominates judges
-send nominations and treaties to congress
How can the JUDICIAL branch check the powers of the LEGISLATIVE?
-can rule legislation unconstitutional
How can the US Constitution be amended?
the US Constitution can only be amended formally though the process laid out in Article V entrenchment
What are the 2 stages of the Amendment process?
- A proposal stage at national level
- A ratification stage at state level
What is the ratification time limit?
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
what are the strengths of the amendment process?
- 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
what are the limitations of the amendment process?
-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
what are the 5 key principles of the constitution?
1.the separation of powers
2.checks and balances
3.bipartisanship
4.limited government
5.federalism
what is the separation of powers?
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
How effective is the separation of powers today?
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)
what are checks and balances?
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
