US Constitution Flashcards
bipartisanship
attemps within the structure of the US Constitution to try and ensure that the two main parties must work together in order to fulfill congressional functions
checks and balances
the division of power between the three branches of government where each branch has a direct ability to prevent action from another branch
codification
a constitution that is written down in one document
constitution
a set of rules determining where sovereignty lies in a political system, and establishing the precise relationship between the government and the governed
entrenchment
a system by which the us constitution is protected from change by law, in this case the ammendment process in article 5
enumerated powers
powers stated explicitly in the constitution
federalism
the us system in which sovereignty is shared between a central governmentand the individual states, with each having their specific rights
limited government
the power of the us constitution to limit the extent of federal governments power over its states and their citizens
separation of powers
the three key bodies of government (legislature, executive and judiciary) each have their own powers, personel and buildings
where was the us consitution made and when
1787 at the Philadelphia Convention Centre
who are the seven founding fathers of the united state
george washington, thomas jefferson, john adams, benjamin franklin, alexander hamilton, john jay and james maddison
what does article one of the us constitution say that the role of the legislature is
to make the laws
what does article two of the us constitution say that the role of the executive is
to carry out the laws
what does article three of the us constitution say that the role of the judiciary is
to enforce and interpret laws
which article established the principle of federalism
article four
what does the us bill of rights protect states against
federal government and potential sources of tyranical powers
what is the nature of the US constitution
codified, entrenched, vague and specific
what type of process has the us constitution gone throigh which means that it is codified
an authorative, entrenched, judiciable process
what does the us constitution’s nature of entrenchment mean for ammendments
it is very hard to ammend -only 26 ammendments since its ratification
what two types of powers are in the us constitution to make it vague and specific
enumerated powers or implied powers
what are implied powers
powers that the federal government isnt explicitly given by the constitution but that are implied from the enumerated power
where do many of the implied powers from the us constitution come from
the necessary and propper clause, otherwise known as the elastic clause
what does the neccessary and proper (elastic) clause state that the us gobvernment has the power to do
make all laws wich shall be necessary and proper
what does the necessary and proper clause allow for the us consitution to do
evolve and edapt over time
McCulloch v Maryland 1819
the federal govenrment had the power to create a national bank because they had the enumerated power to collect tax, meaning the national bank was necessary and proper
Gibbons v Ogden 1824
federal laws trump state laws
what are reserved powers
powers not belonging to the federal govenrment that are reserved for the states and their people
concurrent powers
shared by federal and state governments
what article is the supremacy clause in
article VI
what is the supremacy clause
a clause which enshrines into the consitution that federal/national law is supreme and takes precedence over conflicting state law
what are the two stages for the ammendment process
proposal and ratification
what type of majority is necessary for an ammendment to the us constitution
a supermajority
how many ammendments have congress tried to introduce
over 11,000
how many of the 11,000 ammendments proposed were accepted by congress and then also passed by the states
33 were accepted by congress and 27 were also passed by the states
give two examples of proposals passed by congress that failed to reach sufficient state support
the equal rights amendment on account of sex and the district of Columbia voting rights amendment
give two examples of proposals voted on in congress which did not receive 2/3 in each chamber
the flag protection amendment and the federal marriage amendment
give two examples of proposals introduced in congress but not voted on by both chambers of congress
right to vote amendment for prisoners and the saving American democracy amendment regarding corporate donors
how does the electoral college work
voters vote for who they think the electors in the state should vote for - otherwise known as the popular vote. each state has at least three electors: one for every house of representatives member and 2 per senator. electors cast their vote but are not bound to follow the popular vote then candidates win states.
results of 2000 presidential race
Bush (47.9%) popular vote, 271 electors. Al Gore (48.4%~) popular vote
results of 2016 presidential race
Trump (46%) 304 electors, Clinton (48.1%)
what sort of agenda did the roberts court have
arguably an activist one
what was the aim of the robers court
to overturn any regulations limiting the use of money in us elections
what case did the scotus (the roberts court) strike down
citizens united v FEC 2010
what did the bipartisanship campaign reform act state
that companies and independant donors are not allowed communications attempting to sway election outcomes 60 days prior and after an election, or 30 days prior and after a primary
what are the 5 principles of the us consitution
bipartisanship, limited government, checks and balances, separation of powers, federalism
what does each state have tyheir own mini version of
the federal government
in the past 100 years, what has happened to the power of federal government
it has grown fairly rapidly
how is the us government’s power limited
through checks and balances and separation of powers
how does the bill of rights limit the government of the us
the people are protected from the government using excessive power to control or punish its citizens as the consitution clearly lays out their rights
why is spending of healthcare, education, or other social spending programmes usually disliked in the us
because it does not promote limited government as it allows central government to have greater control over state spending
what rule ensures separation of the powers
a person can not be part of two or more branches at the same time(there is no overlaps).
how does obama evidence the separation of powers
he had to resign from the illinois state to run for us senator and eventually resign from the federal senate to run for president
how did jfk evidence the separation of powers
he had to resign from the house of representatives to become a senator then resign from there to run for president
what does the separation of powers allow for the braches to do to each other
act as a check and balance on the powers of the other branches
what case showed that the separation of powers allowed branches to act as a check and balance on each other
the case of xavier alvarez in 2007
if the exec can veto bills, what can congress do in response
can override potential vetoes
if the exec can veto bills, what can the judiciary do
judge may rule presidential actions unconstitutional
what do checks and balances work alongside
separation of the powers
what do checks and balances ensure
that each of the branches can limit the other two’s influence
give an example of an informal check on power
congress’ check of investigation through its committee system, shows in the January 6th Committee
Who was voted against becoming an sc judge by the senate
merrick garland
why did republican senators argue that merrick garland should not be appointed
it was too close to the end of obama’s presidency, however they appointed an sc judge close to the end of trump’s presidency
what do executive orders chalenge
checks and balances
how do executive orders chalenge checks and balances
they are not voted on by congress so can extend the power of the executive, seen my trump retracting obamacare or building a wall
how can congress prevent unconstitutional executive orders
with a 2/3 supermajority, they can strike down executive orders.
it is possible for a single party to control all three branches of government but…
bipartisan control is common due to divided government
give two examples of bipartisanship in action
violence against women reauthorisation act and repeal of dont ask dont tell policy
give three consequences of polarised parties
less legislation is passed, there ius a weaker govenrmnet, there is greater disagreement amongst population
in 50 years, how many years of united government was there
12
why was roosevelt’s new deal necessary
because of the great depression, there was a national economic crash, banks across the country collapsed and there was cross-state unemployment, hunger and poverty. the wall street crash impacted every state
what was the wall street crash’s impact on federalism
it gave the states less power as the federal government knew they had to invest in the economy to give people jobs and kick start the economy again. federal agencies were set up to look after people
what are the three stages of federalism
dual, cooperative, and new federalism
what was a feature of dual federalism
state and federal governments were co-equal, like a layered cake, but individual state governments exercised the most political power
what was a feature of cooperative federalism
a significant increase in power and scope of federal government, alongside FDR’s new deal. the distinction between the roles of federal and state gov had been greatly blurred
what is a feature of new federalism
powers of federal government have been rolled back but there is still blurred lines between fed and state
how has federalism evolved when looking at foreign policy?
federal government has sole authority over foreign policy, having much greater power than the states, has the power to raise an army
how has federalism evolvedwhen looking at supreme court decision?
the courts interpretation of the implied powers of government has enhanced the powers of federal government as ‘the constitution is what the judges say it is’
how has federalism evolved when looking at constitutional ammendments?
section 1 of the 14th ammendment contains the ‘due process’ and ‘equal protection’ clauses which have been used to limit state activity
2012 national federation of independant business v sebelius
courts declared that obama’s healthcare reform act could not be justified under the commerce clause, but could come under Congress’s power to levy taxes
brown v board of education
regardless of equality of facilities, seperate is inherently unequal so public school segregation of pupils was in violation of the 14th ammendment equal protection clause
oberfell v hodges
the fundamental right to marry must also be given to smae-sex couples due to the equal protection clause and due process clause and required all states to issue marriage licences to same-sex couples
how is interdependance created
because the states and federal gov have to work together to be successful
the most common way of federal gov carrying out its initiatives in the states is to provide them with money. give an example of when this happenecd
obama’s race to the top to implement new educational policy
another way for federal initiatives to be carried out on state level is to uissue a federal mandate. give an example of when this happened
americans with disabilities act 1990 - states were forced to provide ‘reasonable accomodations’ and would be penalised if they did not comply
federal gov can also challenge states on ideological grounds if they disagree with decisions. give an example
north carolina’s bathroom bill opposition which would have prevented transgender people from using public toilets - fed gov threatened to stop educational grants and funding until the idea was scrapped
what did the case of gonzales v raich discuss
marajuana legalisation - california legalised it but federal gov said that they did not have the juristiction to do so as this was a problem for federal gov
give examples of where there are big differences between state laws
gun laws in liberal California vs conservative Texas, crimes, e.g. ‘theft’ punishments
how do elections uphold democracy?
article 1 of the constitution states that each of the three branches of government shall be elected in some form - gives the people the power
us votes get to vote more than any other country. why?
sep of powers has led to many posts being up for election and midterm elections mean that election cycles are frequent, keeping the people involved so therefore upholding democracy
why do senate elections pose as a problem for democracy?
because each state regardless of size only gets to elect two senators so it could be seen to give unfair influence to smaller states
what are midterm elections
elections that take place half way through a president’s term where all seats in the house of representatives are up for grabs and 1/3 of all seats in the senate are up for grabs
what are mid term election often seen as
a referendum on the current administration
how do checks and balances uphold democracy
they maximise the power of the people by preventing one individual or branch from holding too much power
what is one positive to checks and balances upholding democracy
policies are often considered by both parties as to pass a law, bipartisanship is required
what is one negative of checks and balances which may suggest they do not uphold democracy?
‘middle of the road’ policies are often implemented which do not truly represent anyone
what is the name for policies which are seen more as a compromise than an idea and do not truly represent anyone?
middle of the way policies
how did checks and balances manage obama’s power when implementing obamacare or the aca
congress and the executive were kept in check from influencing law based on personal views
how did checks and balances undermine obama
his policies which he had an elected mandate for struggled to be passed which discredits his voters and therefore democracy as he cant exercise the will of the people
what is the key idea of rights and protections?
to uphold the liberal concept of individual freedoms
what do rights and protections give people
positive freedoms
how do liberal v conservative views undermine democracy?
the conservative nature of the constitution does not fully open up the democratic process to all as it protects the status quo of the economic elite holding all the power
what did bernie sanders suggest to decrease the conservative nature of the constitution to improve democracy
increase in minimum wage and other reforms to limit the wealthy
the us constitution being the longest standing constitution in the world suggests that it has provided…
political stability to prevent radical change
what is a majoritarian democracy?
the majority gets what the majority wants - people select representatives and those with over 50% of support get to decide on behalf of the population which maximises the power of the people by giving the largest group decision making power but may lead to tyranny of the majority
what is a pluralist democracy?
a democracy which aims to compromise based on views and interests which tends to create multi-party / coalition governments and maximises the power of the people by giving all/most people influence in creating policy
how does the sc protect the power of the states?
6:3 conservative courts is protecting rights of states due to strict constructionism
how does legislation uphold power of states?
since covid, states continue to regulate their own elections
how does who represents the people uphold the power of the states?
hyperpartisanship at government level has led to gridlock with only 2-3% of bills being passed so states are governing more
how do debates over who should act uphold the powers of the states
fed law is supreme but state law that contradicts with fed law is still in place and in action, e.g. California marajuana laws
how does the sc limit/erode the power of the states?
sc power has increased and implied fed gov’s powers to a greater extent, meaning they have more juristiction than state gov, reducing state powers
how does legislation erode/limit the power of the states?
landmark leg has been passed which overrides that of the states, e.g. obamacare
how does who represents the people erode/limit the power of the states?
rights are protected most at federal level so state representation decreases in value
how do debates over who should act limit the power of the states?
national issues require national responses, as seen with the great depression but also covid
