us constitution Flashcards
what is the nature of the US constitution ?
Codified, Entrenched, Sovereign
5 principles of the US constitution
Sep. of Powers, Checks & Balances, Federalism, Bipartisanship, Limited Government
define Codified
( of the constitution )
Written in one place
define Entrenched
( of the constitution )
Not easily changed or amended - includes provisions and safeguards to prevent alteration
( specifically ) requires 2/3 majority in congress to amend
define Political Sovereignty
Where political power lies in the eyes of the people - given that the people have popular sovereignty in democracy
define Legal Sovereignty
The supreme power or authority overall
The constitution in the US,
- an argument could be made that it’s congress representing the people and their power to change
define Separation of Powers
Members of the Legislature, Executive and Supreme Court cannot exist in more than one branch of
further on Separation of Powers
( trias politica model ) / tripartite
Idealised by Montesquieu ( of France ) and adopted by the founding fathers
to escape the overarching limitless power of the monarchy
define Check and Balances
Each branch of government has specific specialised power over the others in order to hinder a branches power
Exec and Legislative relationship ( US )
Exec - Recommend legislation, Veto, Call congress
Legi - Amend/Delay/Reject; Override Veto; Control budget; Investigate; Impeach, Trial and Remove
Exec and Judiciary Relationshop
Exec - Appoint judges, Executive pardon
Judiciary - Judicial Review
define Judicial Review
Court Proceeding whereby a judge reviews the actions of a governing body and deems them lawful or not
Judiciary and Legislative Relationship
Legis - Confirm appointments ( by Exec ); Initiate Amendments; Impeachment of Judges
Judiciary - Judicial review
Federalism
Powers of states are separate from the powers of Federal government
each with their own special power
powers of Federal Government
Levy taxes; Coin money; Regulate commerce; and declare war
powers of State Governments
‘ any powers not stated ‘
including : elections; state government; some tax regulatory powers
Bipartisanship
Constitution outlines that both parties must work together despite one party holding majority
Done via supermajority
when are Supermajorities needed
Passing (constitutional) amendments; Convicting Impeachment; Ending Filibuster; Treaties
define Limited Government
Government cannot overpower the people at any cause as they are supposed to be representing them
Limited Government origins
Libertarianism was a key philosophy of founding fathers and they wanted to protect the people going forward from corruption and overpower ( due to the reign of England )
Limited Gov. established in the constitution
Bill of Rights protect the people ( 2nd amendment exemplifies )
9th and 10th amendments protect people’s rights over Gov power ( 9th on Rights protection 10th on all powers not mentioned reserved to states and people)
example of Separation of Power
H. Clinton stepped down as senator to join Obama administration ( SoS )
J Sessions stepped down as senator to join Trump administration ( Attorney General )
example of Check and Balances
Trumps Skinny repeal was blocked by congress despite having majority in both houses - went against executive branch
Impeachment of Trump twice ( 2019 , 2021 )
example of Federalism
Criminalisation of drugs - Federally banned ( Controlled Substances Act ) but States have legalised ( California ) & Oregon decriminalised all drugs
examples of Bipartisanship
Gang of 8 - 4 senators from both sides to create bipartisan bill of boarder security
Government shutdowns ( oct 2023 ) show the damage of lack of bipartisanship
examples of Limited Gov
Supermajorities needed to amend constitution
