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US constitution Flashcards

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1
Q

What type of constitution does the US have?

A

Codified

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2
Q

Give two examples of compromises in the constitution

A
  • Electing the president: some wanted a direct election others said the president should be appointed COMPROMISE = indirectly elected by an electoral college
  • Representation: large pop states wanted rep to be proportional to pop, small pop states wanted equal rep COMPROMISE = congress made bicameral
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3
Q

What is a codified constitution?

A

A constitution that consists of a full and authoritative set of rules written down in a single document

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4
Q

What do the first three articles of the constitution do?

A

They explain how the three branches of federal government would work and what their powers are

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5
Q

What is article I of the constitution?

A

Establishes congress as the national legislature - defines it’s membership, method of election & powers

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6
Q

What is article II of the constitution?

A

Establishes the president as the chief exec - defines their method of election & powers

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7
Q

What is article III of the constitution?

A

Establishes the US Supreme Court - sets out it’s membership, method of appointment & powers

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8
Q

What are specific powers given to congress in the constitution?

A
  • The power ‘to collect taxes’
  • The power ‘to coin money’
    (Article I)
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9
Q

What are enumerated powers?

A

Powers given to the federal government by the US constitution

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10
Q

Give an example of an enumerated power

A

The vice president is also president of the senate and has the casting vote in the event of a tie

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11
Q

What are implied powers?

A

Powers possessed by the federal govt by inference from those powers delegated to it in the constitution

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12
Q

Give an example of an implied power

A

Congress’ power to draft people into the armed forces may be implied by Congress’ enumerated power to raise an army and navy

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13
Q

What are reserved powers?

A

Powers not delegated to the federal government or prohibited to it by the constitution - ‘reserved’ to the states

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14
Q

Give an example of a reserved power

A

Marriage and divorce laws differ between states

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15
Q

What are concurrent powers?

A

Powers possessed by both the federal and state governments

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16
Q

Give an example of a concurrent power between state & federal govts

A

Highway management and maintenance e.g. the fed govt is responsible for the interstate system and states manage interstate highways

17
Q

How many times has the constitution been amended?

A

27

18
Q

What is required for the constitution to be amended?

A

A supermajority - where approval is required by a two thirds majority of congress

18
Q

What is required for the constitution to be amended?

A

A supermajority - approval is required by a two thirds majority of congress to ratify the constitution

19
Q

What are advantages of the amendment process?

A
  • Supermajorities ensure against a small majority being able to impose it’s will on a large majority
  • The lengthy and complicated process ensures amendments aren’t trivial & based on temporary issues
  • It ensures both the fed govt & state govt favour a proposal
  • It gives a magnified voice to the smaller pop states (through the senate’s role & the requirement for agreement of 3/4 of state legislatures)
20
Q

What are disadvantages of the amendment process?

A
  • It makes it overly difficult for the constitution to be amended thereby perpetuating what some see as outdated provisions e.g the EC
  • It makes tyranny of the minority possible - small pop states overly represented
  • The lengthy/complicated process cant allow for rapid change in times of crisis
  • The difficulty of formal amendments enhances the power of the SC to make integrative amendments (undemocratic)
21
Q

What is the bill of rights?

A

Ten amendments that outline the basic rights of individuals - entrenched in the constitution

22
Q

What are the 5 key principles the constitution is based on?

A
  • Bipartisanship
  • Seperation of powers
  • Checks and balances
  • Federalism
  • Limited government
23
Q

What are checks & balances?

A

A system of govt that gives each branch the means partially to control the power exercised by the other branches

24
Q

What is an example of a check on congress by the president?

A
  • Veto a bill e.g. the Iran war powers resolution (Trump 2020)
25
Q

What is an example of a check by the president on the SC?

A
  • Nominate judges e.g. Brett Kavanaugh 2018
  • Pardon e.g. of Bernard Kerik former NY city police commissioner (Trump 2020)
  • Commutation of sentences
26
Q

What is an example of a check by congress on the president?

A
  • Amend/delay/reject legislative amendments e.g. American Health care act (2017) - Trump’s attempt to repeal and replace Obamacare
  • Override veto e.g. National defence authorisation act for 2021 (2020)
  • Refuse to approve appointments e.g. John Tower as secretary of defence (1989)
  • Refuse to ratify treaties e.g. conventions on the rights of persons with disabilities (2012)
  • Impeachment e.g. of President Donald Trump (2019-20)
27
Q

What is an example of a check by congress on the Supreme Court?

A
  • Propose constitutional amendments e.g. federal marriage amendment (2015)
  • Refuse to approve appointments e.g. Merrick Garland to the SC (2016)
28
Q

What is an example of a check by the SC on congress?

A
  • Declare law unconstitutional e.g. defence of marriage act (1996) in 2013
  • Judicial review e.g. Boumediene v Bush 2004
29
Q

What is an example of a check by the SC on the president?

A
  • declare actions unconstitutional e.g. declared Trump’s claim that he didn’t have to comply with a subpoena from a NY district attorney seeking info on his personal & financial business dealings
  • judicial review e.g. Boumediene v Bush (2004)
30
Q

How did Obama’s presidential terms see an increase in federal govt activity?

A
  • An economic stimulus package (2009)
  • The re-authorisation of the state children’s health insurance program (S-CHIP) (2009)
  • The expansion of Medicaid (HI programme for people with the lowest incomes)
  • ‘Obamacare’ - Obama’s flagship reform of the US healthcare system
31
Q

How did the federal govt perform under Trump?

A
  • Reps traditionally seek to limit the scope of the fed govt BUT president Trump did at times attempt to make the states subservient to the fed govt
  • trying to end to state lockdowns during the pandemic
  • policies towards illegal immigration and ‘sanctuary cities’
  • use of the national guard & federal troops during the BLM protests of May/June 2020
32
Q

What are the different types of consequences for federalism?

A
  • Legal consequences
  • Policy consequences
  • Consequences for elections
  • Consequences for political parties
33
Q

What are the potential legal consequences of federalism?

A

There is a variation in state laws on such matters as the age at which people can marry or drive a car etc or have to attend a school

34
Q

What are the potential policy consequences of federalism?

A

States can act as policy laboratories
experimenting with new solutions to old problems
there are great variations/conflict between the states on policies such as healthcare provision, affirmative action etc

35
Q

Give evidence that the US is still a federal nation

A
  • All citizens pay federal income tax and the states depend on financial support from the fed govt
  • Healthcare provision is heavily dependent on federal funding with majority of states providing Medicaid
  • The federal govt has mandated parts of education policy
  • States depend on the fed govt during national crises e.g. the federal emergency management agency exists because the individuals states can’t do what fed govt does
  • The SC has made rulings in favour of the federal govt
36
Q

Give evidence that the US isn’t still a federal nation

A
  • Laws vary significantly across states e.g. the legality of the death penalty, state taxes & legality of marijuana
  • States control the provision of medical insurance
  • Electoral practices vary from state to state
  • The SC has made rulings in favour of a state over the fed govt e.g. Texas v United States (2016)

US politics (13 decks)

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