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US Politics > US Constitution > Flashcards

US Constitution Flashcards

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1
Q

US Constitution

A
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2
Q

What was the Constitution based on?

A

The Articles of Confederation 1777

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3
Q

What was Shay’s rebellion and why did it happen?

A

Armed uprising in Massachusetts

It was in opposition to the state government’s increased efforts to collect taxes on individuals and their trades

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4
Q

Give 4 key features of the US Constitution:

A
  1. Fear of mass democracy + prefers representative government
  2. Slavery part in parcel of the new nation but not mentioned in the C
  3. Order of the articles was deliberate
  4. Constitution is sovereign
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5
Q

How is the Constitution vague?

A

Necessary and proper/ elastic clause empowers Congress to pass laws ‘n + c’ to carry out their federal duty (example = Immigration Act 1924 banned Asian people from voting, Voting Rights Act 1965

Said nothing about slavery - culminated in 1860s civil war - slavery banned in 1865 (13th Amendment)

Gun rights and ability to make war

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6
Q

Who established judicial review and through what?

A

The Supreme Court

Marbury v Madison (1803)

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7
Q

What factors contribute to gridlock?

A

Divided government

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8
Q

Give a recent example of gridlock occurring:

A

Failure to agree on the budget after Senate refused to give Trump money for his border wall led to 35 day government shutdown which cost $11 billion

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9
Q

Who are elections in the hands of?

A

The states - apart from Electoral College

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10
Q

Give 2 pieces of legislation which lay out uniform criteria for voting:

A

Voting Rights Act 1965
Help America Vote Act 2002

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11
Q

Most states use a majoritarian system. However what state uses ranked choice voting similar to STV?

A

Maine

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12
Q

Give 2 states with strict ID laws:

A

Kansas and Mississippi

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13
Q

Who resigned as Senator of New York when appointed Secretary of State 2009-2013?

A

Hillary Clinton

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14
Q

Give an example when the Senate president had the deciding vote:

A

Mike Pence when confirming Betsy DeVos as Education Secretary in 2017

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15
Q

Who broke records for breaking the most tie-breaking votes with 32?

A

Kamala Harris

For example she broke cloture on the nomination of Loren L AliKhan - the nomination was approved

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16
Q

Give a check of the President in Congress

A

Obama vetoed the Keystone XL Pipeline

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17
Q

How many bills has Biden vetoed? Give one example

A

10

June 2023 he vetoed a Rep-backed bill rolling back EPA emissions standards

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18
Q

Give a presidential check on the courts:

A

Issuing pardons and commutations

Gerald Ford pardoned his predecessor Nixon after Watergate

Obama 330 commutations on last day in office

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19
Q

Give a congressional check on the President:

A

Approving nominations (Senate Judiciary Committee do not allow for hearings of Merrick Garland 2016)

Overturned Obama’s veto of JASTA in 2016

Power of the purse did not give Trump all the funding he wanted for his border wall (although he got some)

Refusal to pass Obama’s gun-control measures announced at the State of Union Address after Sandy Hook

Impeachment

Not ratifying treaties (COTROPWD)

Launching investigations (2019 House Oversight and Reform Committee inquiry into a potential conflict of interest over increased spending by the US air force on refuelling at a struggling scottish airport near a resort owned by Trump

20
Q

Congressional checks on the courts:

A

Impeaching federal judges (Louisiana federal judge Thomas Porteous in 2008 over corruption)

Overturning constitutional amendments (in 1896 the court found a national income tax to be unconstitutional- but this was revered by the ratification of the 16th Amendment in 1913 - subsequently there have been attempts in Congress to pass amendments banning flag burning and prayer in public state schools - but have been unsuccessful)

21
Q

Supreme Court checks on the President

A

Judicial review (Gorsuch and Kavanaugh) e.g. Trump v Mazars

22
Q

Supreme court checks on Congress:

A

Declaring Acts unconstitutional e.g. Obergefell overturned DOMA 1996)

23
Q

What do checks and balances encourage?

A

Political players to deploy other tactics such as executive orders (Trump’s muslim ban and calling a national emergency for funding for his border wall)

As of March 2024 Biden had issued 136 executive orders- March 2024 order on advancing Women’s Health Research and Innovation)

24
Q

Who is the most subject to checks and balances and who intended for this?

A

The President

The Framers

25
Q

When do Presidents also face checks?

A

During divided government (currently Reps have the House and the Senate is majority 51 because Bernie Sanders, Angus King and Kyrsten Sinema are all independents but caucus with the Democrats)

26
Q

What act in 2020 took much negotiation despite it being for an emergency?

A

The CARES Act $2.2 trillion

27
Q

Is impeachment a useful check?

A

Yes but no president has been impeached (despite 2 attempts to impeach Trump)

28
Q

What is needed for a formal amendment?

A

2/3 vote in the house and senate
Then 3/4 state ratification

OR by constitutional convention called by 2/3 of states

29
Q

What did the 10th amendment establish?

A

Federalism aka state’s rights

30
Q

What did the 13th do?

A

Abolish slavery

31
Q

14th?

A

Gave former enslaved people citizenship

32
Q

17th?

A

Direct election to the Senate

33
Q

19th?

A

Gave women the vote

34
Q

26th? (1991)

A

Lowered the voting age from 21 to 18

35
Q

Which amendment has failed multiple times to get enough state ratifications?

A

The Equal Rights Amendment

36
Q

Informal amendments by the supreme court:

A

Roe v Wade overturned by Hobbs v Jackson Women’s Health Organisation 2022

Right to remain silent - Miranda rights (1966 in Miranda v Arizona)

37
Q

4th amendment?
5th amendment?

A

Prohibits unreasonable searches

Right to a jury trial when charged with a crime, protection against self-incrimination and a free and fair trial

38
Q

What is a federal system of government?

A

When powers are shared between states and federal government

39
Q

What are reserved powers?

A

Powers reserved to the states

All powers NOT delegated to the central government e.g. trade and defence

40
Q

What are federalists and give an example:

A

Those who want a stronger central government

Hamilton + John Adams

41
Q

Anti-federalists:

A

Those who want more autonomy for states

Thomas Jefferson

42
Q

Give 6 key landmarks in the debate over federalism:

A

Shay’s rebellion

Civil war (1860s) - while fought over slavery it also involved states rights BUT North won so states rights were repressed

Post-civil war era and the emergence of legalised segregation seen as ‘states rights’ but challenged in the 1950s and 60s

16th amendment allowed for a national income tax

1970s and 80s a backlash against big government with Nixon and Reagan talking of a ‘new federalism’ with block grants given to states

Since 2000 era of big government has been back with a vengeance - Obamacare and CARES Act

43
Q

What 4 key powers do states hold?

A
  1. Legislative areas such as abortion and local taxes
  2. Issue of the death penalty
  3. Presidential election - number of electoral college votes depends on the size of its congressional delegation
  4. Deciding whether to hold primaries or caucuses
44
Q

What happened between governors and the President during Covid ?

A

Highlighted states inability to cope with

Governor JB Pritzker called Trump’s response ‘incompetent’ saying he does not understand the world federalism

Trump said states should have been stocked up long before covid hit

Shortages of ventilators and PPE

45
Q

In what chamber are smaller states overrepresented?

A

Senate

46
Q

What branch is sometimes argued to have too much power?

A

Judicial branch (SC)

47
Q

Who are not explicitly protected in the Constitution?

A

Women, disabled, LGBTQ

US Politics (8 decks)

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