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American politics > US constitution > Flashcards

US constitution Flashcards

1
Q

What are enumerated powers

A

Powers explicitly stated in the constitution such as article 1

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1
Q

What is federalism

A

System where sovereignty is shared between a central government and indi

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2
Q

What are the first three articles of the constitution

A
  1. Establishes legislative branch
  2. Establishes exec branch
  3. Establishes judicial branch
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3
Q

What is article 4 of the constitution

A

Establishes federal government

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4
Q

What is article 5 of the constitution

A

Describes how to amend the constitution

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5
Q

What is article 6 of the conservatives

A

Establishes the conservatives as the supreme law of the land supremacy clause

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6
Q

Article 7

A

List requirements to ratify the constitution

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7
Q

What is the bill of rights

A

The first 10 amendments such as free speech (1st )
Focuses on protecting rights of the individual afinaste government power

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8
Q

What is the nature of the us constitution

A

Codified entrenched vague and specific

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9
Q

What’s does the constitution being codified mean

A

It’s is authoritative ( higher than standard law ) entrenched (hard to change) and judiciable (can be used a standard)
Made this way so just one party couldn’t change the law

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10
Q

What does the us constitution being entrenched mean

A

Protected from change and amendment process is very difficult

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11
Q

What does the constitution being vague and specific mean

A

From enumerated powers there are implied powers that aren’t explicitly written. This allows the constitution to adapt

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12
Q

Where do many implied powers come from

A

Necessary and proper clause / elastic clause. It means laws can can be bent when necessary.

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13
Q

What happened in the mculloxh vs Maryland case 1819

A

SCOTUS ruled gov could open a bank because of enumerated power to collect tax

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14
Q

What are reserved powers

A

Powers limited to state governments not federal concurrent powers are shared by federal and state governments

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15
Q

What support is needed to amend the constitution

A

2/3 of houses of senate and representatives
And 3/4 of states must agree.

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16
Q

How many amendments have there been

A

27

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17
Q

Examples of failed amendments (failed due to state support)

A

The equal rights amendment would’ve provided equality of rights based on sex

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18
Q

Failed amendments from the houses of congress

A

The federal marriage amendment. It seemed to define marriage as exclusively between men and women.

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19
Q

What is the electoral college

A

Each state has 1 elector for every representar and 2 for the senators makes 538

20
Q

How many elector votes does a candidate need

A

270/538

21
Q

How do electors cast their votes

A

Electors from the party whose presidential candidates win vote in the state capital. However they aren’t bound by the popular vote and rent bound to be free voters

22
Q

What’s bipartisanship

A

The Teo main parties must work together to fulfill the functions of congress

23
Q

What’s limited government

A

The role of gov is limited by checks and balances and separation of the powers

24
Q

What are checks and balances

A

The ability of the branches to limit each others actions

25
Q

What is separation of the powers

A

Threes distinct branches of government are separated to prevent the majority of power residing with one body.

26
Q

What is federalism

A

System where sovereignty is shared between federal and state governments

27
Q

What is an example of limited government

A

Bill of rights ppl r protected from the gov
States r protected against federal gov reserved powers

28
Q

Examples of separation of the powers

A

Obama
Stolen valor act

29
Q

Example of checks and balances in the sc

A

Exec appoints, security of tenure, senate confirmes appointment

29
Q

Checks and balances on the exec

A

Commander in chief can sign eos and treaties.
However congress declares wars and ratifies treaties. Eos can be struck down by Scotus

30
Q

Congress checks and balances

A

Can make constitutional amendments and any legislation. But scotus can declare legislation unconstitutional and strike them down.

31
Q

What happened in merrick garland case study

A

Nominated by Obama one yr before term ended. Republican senators refused to hold a vote for 293 days till end of Obama

31
Q

examples of bipartisanship

A

2013 violence against women act, 2010 dont ask dont tell repeal

32
Q

has divided government increased in recent years

A

yes

33
Q

positives of divided government

A

prevents tyranny, power of exec limited, bipartisanship, lots of voters support neither party

34
Q

negative of divided government

A

inefficiency, conflict between branches, bipartisanship rarely occurs, parties more polarised and ideologically homogenous

35
Q

what caused an erosion of state powers.

A

roosevelts new deal after the wall street crash

36
Q

what is dual federalism

A

co equal powers with distinct policy boundaries, states governments excersised the most power. layered cake model worth clear defined dispersal of power.

37
Q

what is cooperative federalism

A

increased power of federal government, new deal ( fed gov took responsibility of benefits and education), distinctions of federal and state powers are more blurred, huge spending increase 10bil to 260 bil (johnson)

38
Q

what is new federalism

A

some of powers of federal government have been rolled back, still has blurred lines of state vs federal gov.

39
Q

the extent of democracy in the constitution

A

elections,checks and balances, rights and protection, liberal vs conservative veiws, type of democracy.

40
Q

example of SCOTUS overturning an act of congress

A

The Roberts court had an activist agenda, in citizens united vs FEC 2010 they oveturned the bipartisan campaign reform act, which llimited donors on spending money to try and sway elections.

41
Q

what are the principles of the constitution

A

bipartisanship, limited government, checks and balances, separation of the powers and federalism.

42
Q

SCOTUS cases that altered federalism

A

mostly under 14th amendment Brown vs the board of education = found segregation in schools based on race in violations of the 14th as separation = inequality, obergfell vs hogdes forced all states to recognise gay marriage. A nfib v sebelius obamas healthcare reform could only be justified under congresses right to levy tax.

43
Q

what is interdependance

A

where state and federal governments must work together to be successfull

44
Q

examples of interdependance

A

2009 obamas race to the top gave states that fulfilled education goals more funding
- americans with disability act - federal mandate used to force states to make accommodations
- obama opposing north carolinas bathroom bill.

45
Q

example of a middle of the road policy no one wanted

A

2012 electorate voted obama who promised immigration reform but speaker boehner efused to allow to introduce it into the house

46
Q
A

American politics (10 decks)

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