US Constitution Flashcards

1
Q

What was the book written by who and when that the us system of separation of powers is based upon

A

Montesquieu, written 1748, L’Esprit des Lois (the spirit of the law)

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2
Q

What does article one of the constitution state

A

All exec power shall be vested in a president

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3
Q

What does article one, two and three of the constitution outline

A

Powers of congress, president, Supreme Court

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4
Q

Give an example of separation of personnel

A

Obama (pres) Biden (vice president) and Hilary Clinton (foreign secretary) all had to resign in 2008 from the legislative branch in order to be in the executive branch

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5
Q

What does limited government mean?

A

‘As big as necessary’ (as small as necessary in americas case usually)

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6
Q

Give an example of separation of powers

A

President must be invited into congress to give the state of the union address each January

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7
Q

Give an example of an appointment made by pres rejected by congress. Name, from what, when and why

A

John tower,secretary of defense, 1989, excessive womanising and drinking

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8
Q

Give an example of a treaty ratified by congress

A

START 2010 - Russia and us reducing nuclear arms

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9
Q

Give an example of a treaty rejected by congress

A

UN treaty on disabled peoples - too much paperwork for small businesses

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10
Q

Give an example of congress withholding funds for presidential initiatives

A

Bush Iraq and the bailout in 2007 - withdrew funds following public opinion polls
Trump and his wall in 2018/19 - resulted in a 35 day shutdown in congress as it run out of money, stalemate between congress and the president

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11
Q

What percentage of bush’s vetos were overridden

A

33%, 4/12

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12
Q

Name the act that was vetoed by trump , to then be overridden by congress

A

NDAA - National defense authorization act

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13
Q

How many bills did Clinton veto

A

36

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14
Q

Name a time when a presidents actions were declared unconstitutional

A

Obamas recess appointments - had to unappoint
Trump insurrection , capitol riots - presidential immunity case, trump v Supreme Court

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15
Q

Give examples of appointed judges

A

Robert’s, Kagan, Sotomayor, Alito

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16
Q

Give an example of the Supreme Court declaring a law proposed by congress unconstitutional

A

Reno v American civil liberty union
Law to regulate internet
- unconstitutional - right to access internet (porn)

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17
Q

Give an example of the lengthy appointment process is effective

A

Miers- withdrew because she knew she would be rejected by the senate

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18
Q

Name the only time a Supreme Court Justin was impeached and why

A

1805, Samuel chase, bribery, but he was found non guilty

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19
Q

Name the time when the Supreme Court declared a law unconstitutional, and so the legislative branch changed the constitution

A

16th amendment - income tax

20
Q

When was the last time congress declared war

A

On Bulgaria, Hungary and Rumania in 1942

21
Q

Give an example of the presidents power to move troops as chief commander

A

In 2020, trump authorised an air strike on Baghdad airport

22
Q

What Supreme Court case legalised same sex marriage

A

2015 - obergefell and hodges

23
Q

In his 1st 100 days, how many of Biden executive directly orders reversed those of trump

A

24

24
Q

When was the Philadelphia convention

A

1787

25
Q

What is manifest destiny

A

Divine mission to spread ideals of democracy and freedom - us virtue is special

26
Q

What are the 5 principles of the constitution

A

Separation of powers, checks and balances, limited government, bipartisanship, federalism (rights- bill of rights is an amendment, so not technically a principle of the constitution)

27
Q

What did the 10th amendment do

A

Gave all remaining power to the states - e.g, healthcare

28
Q

What is the elastic clause

A

Congress can do anything that is necessary and proper to carry out its enumerated powers

29
Q

Of what is the president commander in chief in the constitution, what is asssumed

A

Army and navy
Assumed - airforce, marines, coast guard, space force

30
Q

List 3 times a president has been impeached (just the trial - all have been found not guilty)

A

1868 - Andrew Johnson
1998- Bill Clinton
2019 and 2021 - trump

31
Q

Out of how many amendments proposed, now many have been passed

A

27/11,000

32
Q

Now many votes are needed to pass an amendment in the house of reps

A

287/ / 435

33
Q

How many votes are needed to pass an amendment in the senate

A

67/100

34
Q

Name the two ways to pass an amendment at the federal stage, and how many times was each one happened

A

2/3 of both houses or 2/3 of state legislature must request congress to call a constitutional convention ist-33, 2nd -o

35
Q

Name the 2 ways to pass an amendment at the state stage and now many times was each one happened

A

3/4 of state legislature must ratify the amendment - 26 tines, ratifying convention in 3/4 of states must ratify the amendment - 1

36
Q

What is the time unit now usually set to for the state stage of the amendment process

A

7 years ish

37
Q

When was the bill of rights passed

A

1791

38
Q

What amendment took the longest to pass, how long did it take when didit pass

A

27th - pay rises for congress, 202 yrs to pass passed 1992

39
Q

What are the 3 most common tailed amendments

A

Flag burning, balanced budget, protection of marriage

40
Q

What amendment made the voting age 18& when

A

26th, 1971

41
Q

What did the 22nd amendment do

A

Two term limit

42
Q

What were the 13th-15th amendment

A

Civil war amendments - slavery & rights

43
Q

What was the 17th amendment

A

1913, election of senators

44
Q

Now many cases a year does the Supreme Court near

A

80 ish

45
Q

What are the 5 freedoms protected by the ist amendment in the bill of rights

A

Speech, religion, press, assembly, redress of grievance (right to complain to government)

46
Q

Give an example for how Supreme Court rulings can almost amend the constitutions

A

1962 Furman v Georgia outlawed the death penalty on the basis of cruel and unusual punishment
1966 Greg v Georgia reinstated the death penalty (wanted to kill Cold War spies)

47
Q

Give an example of how the constitution is long lasting - it can be amended but not erased

A

3/5th compromise, slaves are 3/5ths of a person , although this was amended it can’t be removed