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US Constitution Flashcards

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1
Q

What is the Bill of Rights?

A

The first ten amendments that were ratified in 1791. These amendments focus on protecting individual rights.

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2
Q

What are implied powers?

A

Powers of the federal government which are not explicitly spelt out in the constitution

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2
Q

What are enumerated powers?

A

Powers explicitly spelt out in the constitution

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3
Q

Example of an implied power

A

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?

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4
Q

What is the minimum age for a president?

A

35

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5
Q

What is the minimum age for a senator?

A

30

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6
Q

What is the minimum age for a member of the House of Representatives?

A

25

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7
Q

Features of the US constitution

A
  • Codified
  • Entrenched
  • Constitutional sovereignty
  • Federalism
  • Representative democracy
  • Limited government
  • Separation of powers
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8
Q

What article states constitutional sovereignty?

A

Article VI states that ‘this constitution shall be the supreme law of the land’

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9
Q

What amendment banned slavery?

A

Thirteenth amendment (1865)

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10
Q

What amendment gave women the right to vote?

A

Nineteenth amendment (1920)

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11
Q

Why is the 2nd amendment vague?

A

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?

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12
Q

What is judicial review?

A

The power of the courts to decide whether a law or action is unconstitutional

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13
Q

What Supreme Court case set the precedent of judicial review?

A

Marbury v Madison (1803)

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14
Q

What is the separation of powers?

A

The doctrine that the three branches of government should be separate to prevent tyranny of one branch

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15
Q

What are checks and balances?

A

Each branch of government is limited by the others to prevent too much power being concentrated in one branch

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16
Q

Example of separation of powers

A

Hillary Clinton had to resign as a New York senator when she was appointed secretary of state

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17
Q

Why can it be said that the legislature and executive are not truly separate?

A

The VP is also senate president who gets the deciding vote in cases of a tie

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18
Q

Why can it be said that the executive and judiciary are not truly separate?

A

The president appoints Supreme Court justices and often appoints ones which align with their politics. This makes the Supreme Court less independent.

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19
Q

How can the executive branch check the legislative branch?

A
  • 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
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20
Q

How can the legislative branch check the executive branch?

A
  • Can override veto with supermajority
  • Confirm executive appointments
  • Impeachment
  • Must approve treaties
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21
Q

How can the judiciary check the executive branch?

A

Can declare presidential acts unconstitutional

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22
Q

How can the executive branch check the judiciary?

A
  • Appoint all Supreme Court justices
  • Issue pardons and commutations
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23
Q

How can the judiciary check the legislative branch?

A

Can rule acts of Congress unconstitutional

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24
Q

How can the legislative branch check the judiciary?

A
  • Impeachment of judges
  • Senate approves judicial appointments
  • Can increase size of Supreme Court
  • Can make a constitutional amendment
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25
Q

What is a pardon?

A

A government decision to forgive someone of a crime, ending their punishment

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26
Q

What is a commutation?

A

A reduction in the length or severity of a punishment

27
Q

What is a supermajority?

A

A 2/3 majority

28
Q

Example of a president using an executive order instead of getting Congress to approve a treaty

A

Obama’s nuclear deal with Iran (2015)

29
Q

How can a constitutional amendment be passed?

A

2/3 majority in both houses of Congress then 3/4 of state legislatures must ratify it.

30
Q

What was the 26th amendment (1971)?

A

Lowered the voting age from 21 to 18

31
Q

What is the first amendment?

A

Freedom of religion, speech and the press

32
Q

What is the second amendment?

A

The right to bear arms

33
Q

What is the eight amendment?

A

Banned the use of ‘cruel and unusual punishments’

34
Q

What is the fourteenth amendment (1868)?

A

Gave citizenship to former enslaved people

35
Q

What was the last amendment to be passed?

A

In 1992, the 27th amendment
Stated that any increase to congressional salaries could only take effect after the next election

36
Q

Example of a constitutional amendment that failed

A

The Equal Rights Amendment (1972) would’ve embedded women’s rights into the constitution, failed after it failed to get enough state ratifications

37
Q

Is the constitution too hard to amend? - YES

A
  • Contains some outdated features such as the Electoral College and right to bear arms
  • Too many decisions are made in the Supreme Court instead of Congress
  • Limits the ability of advancing the protection of rights (e.g. women’s rights are not constitutionally protected)
38
Q

Is the constitution too hard to amend? - NO

A
  • High thresholds ensure that change only happens when there is a wide consensus and bipartisan agreement
  • The Supreme Court rules take into account modern contexts to ensure the constitution isn’t outdated
39
Q

How is the constitution informally amended?

A

Through Supreme Court decisions

40
Q

Example of a Supreme Court decision related to the 2nd amendment

A

District of Colombia v Heller (2008) set out the explicit right to private gun ownership

41
Q

What is federalism?

A

A system of government where sovereignty is split between the federal government and states

42
Q

Is state law or federal law superior?

A

Federal law

43
Q

Which constitutional amendment extended the power of the federal government?

A

The sixteenth amendment (1913) allowed for a national income tax

44
Q

What is “new federalism”?

A

A movement in the 70s and 80s by presidents such as Nixon and Reagan against ‘big government’, wanting to return power to the individual states

45
Q

Which Republican president extended the role of the federal government?

A

George W Bush, with the passing of the Patriot Act (increased power over terrorist suspects) and the No Child Left Behind Act (education reform)

46
Q

What are some examples of issues in which states have legislative autonomy?

A
  • Abortion
  • Death penalty
  • Presidential elections
  • State-level elections
47
Q

Examples of a state with the death penalty

A

Texas

48
Q

Examples of state variation over COVID rules

A

Ohio - quick lockdown
Florida - slow lockdown
Arkansas - no lockdown

49
Q

What are entrenched rights?

A

Rights that cannot be easily removed without a constitutional amendment

50
Q

Schenck v United States (1919)

A
  • Two socialists were convicted for distributing leaflets telling people to disobey the draft
  • The Supreme Court ruled that the first amendment does not protect speech that presents a ‘clear and present danger’: in this case to the conscription process
51
Q

Morse v Frederick (2007)

A
  • Alaskan high schooler put up a banner saying “bong hits for Jesus”
  • Suspended by the school for promoting the use of illegal drugs
  • Student lost the case on the grounds that schools are allowed to regulate their own free speech rules for their students
52
Q

Arguments that the constitution is good at protecting rights

A
  • The Bill of Rights explicitly protects rights, such as free speech
  • The constitution is adaptable to the Supreme Court has been able to grant minorities new rights (Obergefell v Hodges 2015)
  • Congress is able to pass its own laws protecting rights (Fair Pay Act 2009)
53
Q

Arguments that the constitution is poor at protecting rights

A
  • Many groups have no constitutional protections, such as disabled people
  • The constitution is largely up to interpretation from the Supreme Court, who are a political institution
  • Most western democracies see the US as having limited rights, such as still having the death penalty and guns
54
Q

Structural similarities of the US and UK constitutions

A
  • Have the same function of laying out the framework for democratic politics
  • They both seek to defend individual rights
  • Both have been long-lasting and have adapted to a more modern context over time
55
Q

Structural differences of the UK and US constitutions

A
  • Uncodified v codified
  • Flexible v rigid
  • Easy v hard to change
  • Parliamentary sovereignty v constitutional sovereignty
56
Q

How is the separation of powers different in the US and UK?

A

US: Deliberate separation of powers with little overlap and strong checks and balances

UK: ‘Fusion of powers’ with overlap (mainly of executive and legislature) which can mean the PM has few checks and balances

57
Q

Rational similarities between the US and UK constitutions

A
  • The elected legislature passes laws so pressure groups target them for lobbying
  • The executive is influential in setting the political tone (‘Make American Great Again’, ‘Get Brexit Done’)
  • Neither president or PM can be truly imperial as they are both checked by the legislature
58
Q

Rational differences between the US and UK constitutions

A
  • In the UK, focus is nearly all on the Commons (particularly from pressure groups) whereas in the US it is split between the House and Senate
  • The PM can usually get their agenda through parliament whereas US presidents have to negotiate much more with other leaders in Congress
  • The US judiciary is far more influential in making landmark decisions whereas the UK judiciary is far less powerful
59
Q

Cultural differences between the UK and US constitutions

A
  • US constitution was established with clear principles in mind whereas the UK has evolved as the country turned from a monarchy into a democracy
  • UK has many monarchical/hereditary aspects such as the House of Lords
60
Q

3 ways federalism and devolution differ

A
  • Federalism is an entrenched principle, UK adopted by parliamentary statute
  • US states have greater devolved powers than UK devolved regions
  • UK devolution is unequal with England having little devolution
61
Q

Similarities between the UK and US legislatures

A
  • Both pass laws which have superiority over state/devolved laws
  • Each has a vital representative role
  • Both serve as important executive checks (committees)
  • Both bicameral
62
Q

Structural differences between federalism and devolution

A
  • The 10th amendment embeds federalism into the constitution. UK devolution is protected by statute law
  • Federalism applies uniformly across the US. It only applies to parts of the UK
63
Q

Rational differences between federalism and devolution

A
  • In the US state elections are significant affairs
  • US pressure groups focus their activity on state legislatures as well as federal ones. In the UK, Westminster is the main focus
  • UK devolved regions have a significant nationalist presence
64
Q

Cultural difference between federalism and devolution

A

States’ rights are deep rooted in US political history, reflected in a strong attachment to state-based institutions. In the UK, devolved governments are more recent and less important

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