US Constitution Flashcards
Whne was the Modern US constitution drafted?
May 1787
What were the three main principles in the Constitution
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”
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 strong government was essential to dissuade an invasion by Britain
What was the Conneciticut Compromise and what was formed from it?
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)
In 1780s, the largest state was only 12x bigger in population than the smallest,
what is this figure now?
68x - Califronia + Wyoming
What article of the constituiton deals with relations between federal and state government?
Article 4
Which article deals with the role and power of the president?
article 2
Give three unique features of the US constitution
- 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
What is the philosophy behind popular sovereignty ?
People are source of any power - govt can only exist becasue of its people
what does mean ‘pluribus anum’
What is it in reference to
“out of many, one”
out of the Articles of Confederation comes the United State
What separates the UK and the US Supreme Court regarding Judicial review?
UK, declares declaration of incompatibility and could be ignored - US can use Judicial review to completely judge actions as unconstitional, therefore null and void
What judicial review case reverses racial segregation?
1954 - ‘Brown v Board of Education of Topka’
Which amendment states the “right to bear arms”
The Second Amendment
Which amendment includes the right to a fair trial?
The Fifth Amendment
What are the “Civil War Amendments” ?
the 13th, 14th and 15th amendments which collectively gives slaves eqaul rights and the right to vote
Which is the only amendment to amend a former amendment
18th - Proibition - 1919
21st - Prohibtion - 1933
3 famous cases of informal amednments
1) Roe .v Wade (abortion) 2022
2) DC v Heller (gun control) 2008
3) Obergefell vs Hodges (gay marriage) 2015
What is the exception to the rule of Separation of powers
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
Give an example of Separation of Powers in action
When Obama became president, he had to resign from the Senate
Give three examples of Separation of Power being ffective in the US?
- 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?
An example of Separation of Power as being flawed
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
Give an example of an executive check on the Judiciary
The president nominates all federal justices including, when there is a vacancy, to the supreme court
Give an example of an executive check on the Legislature
Presidents can use ‘Pocket Vetos’ to not sign bills from Congress - last prson to use this is Bill Clinton
Give an example of a Judiciary check on the executive
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.
Give an example of a judiciary check on the legislature
The courts can declare acts of congress to be unconstitutional, and therefore effectively require them to be replaced
Give an examploe of a legislature check on the executive
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
Give an example of a legislature check on the executive
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
What is the definition of Federalism
‘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’
Why does Federalism benefit America?
Huge diversity of country - think Europe as comparison
Size
Put the states first - Article 1 is congress
When was the 16th Amendment, which was the only amendment to have increased the power of central government
1913
What happens in the 1950s and 60s that means the government gets more involved?
Work doen to end racial inequality and poverty - Medicare is an example
What presidents focussed heavily on ‘New Federalism’ and returning power back to the states?
Nixon and Reagen - Democrat Bill Clinton also on board
What are ‘unfunded Mandates?’
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
During Bush’s two terms in 2000-2008, what are two examples that would suggest that ‘Big government’ was back?
- 2002 - Bush’s ‘No Child Left Behind Act’
- Post 9/11, ‘Patriot Act’ sets up new execute department: ‘Homeland Security’
What years did state govs have the most power?
1780 - 1920 - Dual-Layer Cake
What years do state and central govt work togethe rmore ?
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
By the 1990s, how much were states given by the federal government per year?
$200b
Why was New federalism promoted so much?
It occured during an era of 4 republican presidents
Give four examples of what states can still do
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
Give 3 pros of the Federlism process
Well-suited to a geographically large nation
Creates more access point in government
Better protection of individual rights
Give 3 cons of the Federalism process
Overly-Beureacratic
Frustrates the national will, making solving problems harder
Source of conflict and controversy
What does the ‘neccerssary and proper clause’ allow for?
‘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
What is an example of a weakness that comes from vagueness and silence in the US constitution ?
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
Give an example of the SC ‘retyping’ the Constituion’s decision
1896 ‘Plessy v Ferguson’ (upholds racial segregation laws) - 1954 ‘Brown v Board of Education of Topka’ (reverse racial segregation)
How does vaugness and weakness in the US constitution negativle affect the SC
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)
An example of Gridlock
a limited government shutdown occurred for 35 days between Dec 2018 and Jan 2019
Weakness in the Size of the States
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
