US Constitution Flashcards
Articles of Confederation
- 13 states agreement
- Weak government
- No president
- Could not collect taxes
Shays’ Rebellion
- 1787
- Farmers opposed Massachussts economic policies
- Property seizures
Constitutional Convention
- 55 attendees
- 9/13 states had to ratify
- 9th state ratified in 1788
Features of the US constitution
Codified
- Tied to rules
Specificity and vagueness
- Article 1.8 “Congress to make all laws necessary to carry out duties”
Entrenched provisions
- Extra levels of safeguards
Constitution is sovereign
- Article 6 “Supreme Law of Land”
Bill of Rights
- Freedom of expression
- Rights to bear arms
- Quatering of soldiers
- Rights against unreasonable searches
- Right to remain silent
- Fair trial
- Jury trial
- Cruel and unusual punishment
- Rights held by people
- Powers not given to governemnt give to states
Key principles of US constitution
Separation of powers
- 3 branches of government
Checks and Balances
- Each branch can partially control the others
Federalism
- Government kept small, decentralised
Vagueness and silence in the Constitution
- Nothing on slavery
Only 13th amendment banned it - Gun rights
- War powers
- Initiating military action
How significant is the principle of the separation of powers in the US Constitution?
Very significant
- Each branch checked by other 2
- No person can serve in 2 branches
Hillary resigned as New York senator, became secretary of state
- Prevent 1 branch from having too much power
- Keeps judiciary independent
Less significant
- VP tie breaking vote
Mike Pence 2017 confirmed Betsy Devos education secretary
- Unified government powerul
- US judiciary politicised
- Presidents pardons
Presidential checks on Congress/Court
Congress
Can veto bills
- Obama 2015 Keystone Pipeline XL, 12 vetoes
Threat of veto
- Obama 2015 4 threats, State of Union address, Iran sanctions…
Executive Orders
- Trumo 2017 Travel ban on mostly muslim countries
Commander-In-Chief
- George W. Bush 2001-3 Afghanistan, Iraq
Courts
Pardons
- Biden 2024 Hunter Biden
Presidents nominate judges
- Trump Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett
Congressional checks on the President/Court
President
Override presidential veto
- Trump 2021 Defense Spending Bill
Decline to pass legislation
- Obama 2012 Sangy Hook shooting stricter gun regulations
Confirm presidential appointments
- 2025 RFK Jr Health and Human Services, 52-48
Threat of senate rejection
Power of the purse
- 2018/19 Mexicon Wall, 35day governement shutdown
Impeachment
- 2019 Trump, Ukraine aid, investigate Hunter B. 52-48
- 2020 Trump, 6th of Jan, 57-43 guilty
Block Treaties
- 1999 Nuclear Test treaty
Court
Initiate amendments
Judicial checks on the President/Congress
President
- Presidential action unconstitutional
George W. Bush 2006 military commissions illegal
Congress
- Congressional acts unconstitutional
2013 Defense Of Marriage act unconstitutional
Formal amendment of the US Constitution
Route 1
- 2/3 in HOR and senate then 3/4 ratify
Route 2
- 2/3 states call constitutional convention then 3/4 ratify
Failed Amendments
1972
- Equal rights amendment 35/38 states
2005/6
- Flag desecration amendment 1 vote short in Senate
Is the US Constitution too hard to amend formally?
Yes
- Only 27 amendments in 200yrs
- Constitution outdated sections like EC
- Prevents constituiton from updates in areas like rights
- Too much informal amendment by SC
- No state convention ever held
No
- High treshold = national support
- Some parts of constitution like EC can be reformed
- SC takes into account direction of the public
Evolution of federalism in the US
- New Deal 1930s expanded federal government
- New Federalism 1970-80s, returning pwer to states
- Since 2000 govenment expanded under George W. Bush
- Obama Affordable Care Act
Current balance of power between states and federal government
- States legislate in wide range of areas, local taxes, abortions.
- Death penalty state-based.
- Presidential election, EC.
- States run elections, voter ID laws, direct democracy.
Suitability of the US Constitution to 21st century:
Problematic sections of Constitution
- Issue of small Vs large states
50% of Senate elected by 16% of population - EC failed twice since 2000
- War not declared since 1941 but many military actions
- Midterm elections
- 2nd amendment
How well does the US Constitution protect individual rights?
Very Well
- Many key rights specifically mentioned
- Supreme Court judgements discover new rights
- Constitution doesn’t prevent rights protected on other ways
- Many rights updated by judicial review
Less Well
- Many rights and groups not protected by the Constitution
- Supreme Court’s interpretations subjective
- Laws passed by congress can be reversed
- EU no death penalty
Comparative theories in politics
Structural theory
- Focuses on institutions and their structure
Rational theory
- Focuses on actions and behavior of groups and individuals
Cultural theory
- Focuses on history, shared values and cultural contex
UK Vs US constitutions
UK Constitution
- Uncodified
- Flexible
- Parliament is soveregin
- Unitary
- Fusion of power
US Constitution
- Codified
- Rigid
- Soveregin
- Federalism
- Separation of powers
US federalism Vs UK devolution
- Federalism entrencehd, devolution not
- States greater law making power
- States can decide electoral systems
- Devolution doesn’t apply to England
Us Vs Uk legislatures
- Both underrepresented but becoming more diverse, 27% and 34% females
- Both use FPTP, 2 largest parties overrepresented
- UK PM must be aware of backbanchers, President can only get impeached
- Parliament more efficient at law making
- Congress unpopular, 2020-19%
