Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

American Politics AQA A level > US Constitution > Flashcards

US Constitution Flashcards

1
Q

Whne was the Modern US constitution drafted?

A

May 1787

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What were the three main principles in the Constitution

A

1)Govt is by permission of the people
2) People have the right to remove a ‘bad’ govt
3) Importance of “inalienable rights” - “Life, Liberty and the pursuit of happiness”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The modern constitution Drawn up because the original confederacy of states was too weak in terms of a central government. Why was a strong government needed

A

A strong government was essential to dissuade an invasion by Britain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What was the Conneciticut Compromise and what was formed from it?

A

Opposed the ‘New Jersy Plan’ which would ave benefitted small populations

Instea the CC creates the Bicarmial system
- One according to population (House of Representatives)
- One represented equally (House of Senate)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In 1780s, the largest state was only 12x bigger in population than the smallest,
what is this figure now?

A

68x - Califronia + Wyoming

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What article of the constituiton deals with relations between federal and state government?

A

Article 4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Which article deals with the role and power of the president?

A

article 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Give three unique features of the US constitution

A
  • Codified
  • Separation of pwers (Judicial, executive, legislative) - UK = Fuision of Powers
  • Written in the context of a ‘new country’ so bill of rights and power to the people; 2nd amendment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the philosophy behind popular sovereignty ?

A

People are source of any power - govt can only exist becasue of its people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what does mean ‘pluribus anum’
What is it in reference to

A

“out of many, one”
out of the Articles of Confederation comes the United State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What separates the UK and the US Supreme Court regarding Judicial review?

A

UK, declares declaration of incompatibility and could be ignored - US can use Judicial review to completely judge actions as unconstitional, therefore null and void

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What judicial review case reverses racial segregation?

A

1954 - ‘Brown v Board of Education of Topka’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which amendment states the “right to bear arms”

A

The Second Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which amendment includes the right to a fair trial?

A

The Fifth Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the “Civil War Amendments” ?

A

the 13th, 14th and 15th amendments which collectively gives slaves eqaul rights and the right to vote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which is the only amendment to amend a former amendment

A

18th - Proibition - 1919
21st - Prohibtion - 1933

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

3 famous cases of informal amednments

A

1) Roe .v Wade (abortion) 2022
2) DC v Heller (gun control) 2008
3) Obergefell vs Hodges (gay marriage) 2015

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the exception to the rule of Separation of powers

A

The Vice-President is the President of the Senate an is the only person with the ability to cast a tie-breaking vote in the Senate
Kamala Harris was with 50-50

now 51-50

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Give an example of Separation of Powers in action

A

When Obama became president, he had to resign from the Senate

20
Q

Give three examples of Separation of Power being ffective in the US?

A
  • Each branch is checked by the other two
  • No one person can sit in both Congress and Legislature - Clinton resigns as Seantor for NY when she becomes secretary of state
  • Prevents an’elective dictaroship’; UK PM has too much power?
21
Q

An example of Separation of Power as being flawed

A

VP (executive) also is the ‘senate president (legislature) and has the casting vote in the event of a tie - Kamala Harris uses this power as there is a 50/50 split - will remain the same in the 2022/24 congress

22
Q

Give an example of an executive check on the Judiciary

A

The president nominates all federal justices including, when there is a vacancy, to the supreme court

23
Q

Give an example of an executive check on the Legislature

A

Presidents can use ‘Pocket Vetos’ to not sign bills from Congress - last prson to use this is Bill Clinton

24
Q

Give an example of a Judiciary check on the executive

A

The courts can rule presidential actions unconstitutional and therefore illegal

United States v. Windsor, the Supreme Court ruled that the 1996 Defense of Marriage Act (DOMA) was unconstitutional. In a 5 to 4 vote,protecting the rights of gays and lesbians.

25
Q

Give an example of a judiciary check on the legislature

A

The courts can declare acts of congress to be unconstitutional, and therefore effectively require them to be replaced

26
Q

Give an examploe of a legislature check on the executive

A

Constitutional amendments can be initiated to overturn supreme court verdicts: never actually happened but Abe Fortas (1969) stepped down before he would of been impeached due to bribery

impeachement

27
Q

Give an example of a legislature check on the executive

A

Congress has the ‘power of purse’; can turn down presi requests for funding

A presidential veto can be overturned by a supermajority in both houses

28
Q

What is the definition of Federalism

A

‘A theory of government by which political power is divided between a national government and state governments, each having their own area of substantive jurisdiction’

29
Q

Why does Federalism benefit America?

A

Huge diversity of country - think Europe as comparison
Size
Put the states first - Article 1 is congress

30
Q

When was the 16th Amendment, which was the only amendment to have increased the power of central government

A

1913

31
Q

What happens in the 1950s and 60s that means the government gets more involved?

A

Work doen to end racial inequality and poverty - Medicare is an example

32
Q

What presidents focussed heavily on ‘New Federalism’ and returning power back to the states?

A

Nixon and Reagen - Democrat Bill Clinton also on board

33
Q

What are ‘unfunded Mandates?’

A

Federal money was given for states to use on certain things as part of ‘new federalism’
- However, as the deficit grows, states ae required to undertake certain roles but without sufficient funds

34
Q

During Bush’s two terms in 2000-2008, what are two examples that would suggest that ‘Big government’ was back?

A
  • 2002 - Bush’s ‘No Child Left Behind Act’
  • Post 9/11, ‘Patriot Act’ sets up new execute department: ‘Homeland Security’
35
Q

What years did state govs have the most power?

A

1780 - 1920 - Dual-Layer Cake

36
Q

What years do state and central govt work togethe rmore ?

A

1930-1960
- Federal and State govs co-operated to solve problems of poverty, health, education, transport and national security
Federal govs allocated categorical grants - told states how to spend money

37
Q

By the 1990s, how much were states given by the federal government per year?

A

$200b

38
Q

Why was New federalism promoted so much?

A

It occured during an era of 4 republican presidents

39
Q

Give four examples of what states can still do

A

1) Legislate in a wide range of areas including local taxes and access to abortions
2) Decide on the use of the death penalty
3) Have a significant role in presidential elections (via the Electoral College)
4) Run their own elections and have their own systems for selecting candidates

40
Q

Give 3 pros of the Federlism process

A

Well-suited to a geographically large nation
Creates more access point in government
Better protection of individual rights

41
Q

Give 3 cons of the Federalism process

A

Overly-Beureacratic
Frustrates the national will, making solving problems harder
Source of conflict and controversy

42
Q

What does the ‘neccerssary and proper clause’ allow for?

A

‘The eleastic clause’ allows for Congress to make laws and to adapt over time without formal amendment e.g.

‘Immigration Act’ (1924) banned all Asian ppl - Racial Bias; ‘Voting Rights Act’ (1965) forbade racial discrimination in voting

43
Q

What is an example of a weakness that comes from vagueness and silence in the US constitution ?

A

Ambiguity in the term ‘arms’ (“right to bear arms” - 2nd amendment) - in 1780, this refers to a musket but in 2022 this is a semi-automatic weapon

44
Q

Give an example of the SC ‘retyping’ the Constituion’s decision

A

1896 ‘Plessy v Ferguson’ (upholds racial segregation laws) - 1954 ‘Brown v Board of Education of Topka’ (reverse racial segregation)

45
Q

How does vaugness and weakness in the US constitution negativle affect the SC

A

No definitive legal opinion so judges can interpret laws - becomes highly politicised e.g. Gay marriage - Obergerfell v Hedges (2008) + Abortion - ‘Roe vs Wade’ (1973) ‘Dobbs v Jackson WHO (2022)

46
Q

An example of Gridlock

A

a limited government shutdown occurred for 35 days between Dec 2018 and Jan 2019

47
Q

Weakness in the Size of the States

A

Problem; California is 68x larger than smallest state Wyoming
Smaller states are over - represented
Half of Senators are elected by states representing just 16% of the population

American Politics AQA A level (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions