US Constitution Flashcards
What is the Bill of Rights?
The first ten amendments that were ratified in 1791. These amendments focus on protecting individual rights.
What are implied powers?
Powers of the federal government which are not explicitly spelt out in the constitution
What are enumerated powers?
Powers explicitly spelt out in the constitution
Example of an implied power
Congress is given the power to ‘provide for the common defence and welfare of the United States’
Does this give Congress the power to justify military conscription?
What is the minimum age for a president?
35
What is the minimum age for a senator?
30
What is the minimum age for a member of the House of Representatives?
25
Features of the US constitution
- Codified
- Entrenched
- Constitutional sovereignty
- Federalism
- Representative democracy
- Limited government
- Separation of powers
What article states constitutional sovereignty?
Article VI states that ‘this constitution shall be the supreme law of the land’
What amendment banned slavery?
Thirteenth amendment (1865)
What amendment gave women the right to vote?
Nineteenth amendment (1920)
Why is the 2nd amendment vague?
Although it gives citizens the ‘right to bear arms’, it prefixes it with ‘for a well regulated militia, being necessary for the security of the state’. Does this really justify the personal use of guns?
What is judicial review?
The power of the courts to decide whether a law or action is unconstitutional
What Supreme Court case set the precedent of judicial review?
Marbury v Madison (1803)
What is the separation of powers?
The doctrine that the three branches of government should be separate to prevent tyranny of one branch
What are checks and balances?
Each branch of government is limited by the others to prevent too much power being concentrated in one branch
Example of separation of powers
Hillary Clinton had to resign as a New York senator when she was appointed secretary of state
Why can it be said that the legislature and executive are not truly separate?
The VP is also senate president who gets the deciding vote in cases of a tie
Why can it be said that the executive and judiciary are not truly separate?
The president appoints Supreme Court justices and often appoints ones which align with their politics. This makes the Supreme Court less independent.
How can the executive branch check the legislative branch?
- Can veto bills
- Can issue executive orders and bypass Congress
- As commander-in-chief of the military they can initiate military action without congressional approval
How can the legislative branch check the executive branch?
- Can override veto with supermajority
- Confirm executive appointments
- Impeachment
- Must approve treaties
How can the judiciary check the executive branch?
Can declare presidential acts unconstitutional
How can the executive branch check the judiciary?
- Appoint all Supreme Court justices
- Issue pardons and commutations
How can the judiciary check the legislative branch?
Can rule acts of Congress unconstitutional
How can the legislative branch check the judiciary?
- Impeachment of judges
- Senate approves judicial appointments
- Can increase size of Supreme Court
- Can make a constitutional amendment
What is a pardon?
A government decision to forgive someone of a crime, ending their punishment