US constitution Flashcards
What are enumerated powers
Powers explicitly stated in the constitution such as article 1
What is federalism
System where sovereignty is shared between a central government and indi
What are the first three articles of the constitution
- Establishes legislative branch
- Establishes exec branch
- Establishes judicial branch
What is article 4 of the constitution
Establishes federal government
What is article 5 of the constitution
Describes how to amend the constitution
What is article 6 of the conservatives
Establishes the conservatives as the supreme law of the land supremacy clause
Article 7
List requirements to ratify the constitution
What is the bill of rights
The first 10 amendments such as free speech (1st )
Focuses on protecting rights of the individual afinaste government power
What is the nature of the us constitution
Codified entrenched vague and specific
What’s does the constitution being codified mean
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
What does the us constitution being entrenched mean
Protected from change and amendment process is very difficult
What does the constitution being vague and specific mean
From enumerated powers there are implied powers that aren’t explicitly written. This allows the constitution to adapt
Where do many implied powers come from
Necessary and proper clause / elastic clause. It means laws can can be bent when necessary.
What happened in the mculloxh vs Maryland case 1819
SCOTUS ruled gov could open a bank because of enumerated power to collect tax
What are reserved powers
Powers limited to state governments not federal concurrent powers are shared by federal and state governments
What support is needed to amend the constitution
2/3 of houses of senate and representatives
And 3/4 of states must agree.
How many amendments have there been
27
Examples of failed amendments (failed due to state support)
The equal rights amendment would’ve provided equality of rights based on sex
Failed amendments from the houses of congress
The federal marriage amendment. It seemed to define marriage as exclusively between men and women.
What is the electoral college
Each state has 1 elector for every representar and 2 for the senators makes 538
How many elector votes does a candidate need
270/538
How do electors cast their votes
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
What’s bipartisanship
The Teo main parties must work together to fulfill the functions of congress
What’s limited government
The role of gov is limited by checks and balances and separation of the powers
What are checks and balances
The ability of the branches to limit each others actions
What is separation of the powers
Threes distinct branches of government are separated to prevent the majority of power residing with one body.
What is federalism
System where sovereignty is shared between federal and state governments
What is an example of limited government
Bill of rights ppl r protected from the gov
States r protected against federal gov reserved powers
Examples of separation of the powers
Obama
Stolen valor act
Example of checks and balances in the sc
Exec appoints, security of tenure, senate confirmes appointment
Checks and balances on the exec
Commander in chief can sign eos and treaties.
However congress declares wars and ratifies treaties. Eos can be struck down by Scotus
Congress checks and balances
Can make constitutional amendments and any legislation. But scotus can declare legislation unconstitutional and strike them down.
What happened in merrick garland case study
Nominated by Obama one yr before term ended. Republican senators refused to hold a vote for 293 days till end of Obama
examples of bipartisanship
2013 violence against women act, 2010 dont ask dont tell repeal
has divided government increased in recent years
yes
positives of divided government
prevents tyranny, power of exec limited, bipartisanship, lots of voters support neither party
negative of divided government
inefficiency, conflict between branches, bipartisanship rarely occurs, parties more polarised and ideologically homogenous
what caused an erosion of state powers.
roosevelts new deal after the wall street crash
what is dual federalism
co equal powers with distinct policy boundaries, states governments excersised the most power. layered cake model worth clear defined dispersal of power.
what is cooperative federalism
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)
what is new federalism
some of powers of federal government have been rolled back, still has blurred lines of state vs federal gov.
the extent of democracy in the constitution
elections,checks and balances, rights and protection, liberal vs conservative veiws, type of democracy.
example of SCOTUS overturning an act of congress
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.
what are the principles of the constitution
bipartisanship, limited government, checks and balances, separation of the powers and federalism.
SCOTUS cases that altered federalism
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.
what is interdependance
where state and federal governments must work together to be successfull
examples of interdependance
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.
example of a middle of the road policy no one wanted
2012 electorate voted obama who promised immigration reform but speaker boehner efused to allow to introduce it into the house
