US Constitution Flashcards

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1
Q

Which article of the constitution mentions the word “federalism”?

A

None - it’s not mentioned at all.

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2
Q

What does Article One deal with?

A

Congress.

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3
Q

What does Article Two deal with?

A

The Executive.

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4
Q

What does Article Three deal with?

A

The Supreme Court.

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5
Q

What are the four key principles of the Constitution?

A

federalism; limited government; separation of powers and checks and balances; bipartisanship.

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6
Q

Why were the Founding Fathers so keen to ensure limited government?

A

Because they had only just thrown off British rule.

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7
Q

What did the Connecticut Compromise agree?

A

To a bicameral chamber: a Senate and a House of Representatives.

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8
Q

How many members of the Senate are there, and how many per state?

A

100; 2.

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9
Q

How many members of the House are there, and how are they allocated?

A

435; by population.

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10
Q

How many members of the electoral college are there, and why is that the number?

A
  1. One for every House and Senate member (535) and three for District of Columbia which has no representation.
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11
Q

Article 1 s8 lists what, and embodies which of the principles of Constitution?

A

The enumerated powers; limited government.

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12
Q

What and where in the Constitution is the “elastic” clause, and what is its more proper name?

A

Article 1 s8 clause 18; it allows Congress to “make all laws which shall be necessary and proper” for executing the enumerated powers. Its more proper name is the necessary and proper clause.

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13
Q

What is the collective name for the powers conferred by the 10th Amendment, and to whom are they conferred?

A

Reserved powers; they are given to the states.

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14
Q

Which part of the Constitution makes the President Commmander-in-Chief?

A

Article 2 section 2.

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15
Q

“There is nothing more likely than that the enumeration of powers is defective.” So said:

A

Thomas Jefferson.

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16
Q

According to Motesquieu, “When the legislative and executive powers are united in the same person…”

A

“…there can be no liberty.”

17
Q

According to Professor Richard Neustadt, the Constitutional Convention of 1787 created not a government of separated powers, but instead:

A

separated institutions sharing powers.

18
Q

According to Professor Stephen Finer, the legislative and executive are like:

A

two halves of a bank note: each useless without the other.

19
Q

How did James Madison describe checks and balances?

A

Ambition counter-checking ambition.

20
Q

What is the name given to the first ten amendments to the Constitution, which were all proposed together and accepted in 1791?

A

The Bill of Rights.

21
Q

Where are constitutional rights outlined?

A

In the Bill of Rights and other amendments.

22
Q

Which amendment protects free speech?

A

The First.

23
Q

Which amendment protects the right to bear arms?

A

The Second.

24
Q

Which amendment ensures the right to silence?

A

The Fifth.

25
Q

Which amendment provides for the removal of the President should they become unfit to hold the office?

A

The Twenty-Fifth.

26
Q

Give two ways in which the President can check the Judiciary.

A

The appointment of federal justices and the power of pardon.

27
Q

In his final three weeks in office, Obama pardoned how many people?

A

142.

28
Q

Give two ways in which the Executive can check the Legislature.

A

The State of the Union address, and the power of veto.

29
Q

Who has to ratify treaties, and by what majority?

A

Senate, 2/3.

30
Q

How many times was Obama’s veto overriden, what was the issue and when did it happen?

A

Once; in 2016 over the Justice Against Sponsors of Terrorism Act.

31
Q

Who confirms appointments to the executive?

A

The Senate.

32
Q

What is the impeachment process in Congress?

A

A simple majority in the House and then a trial in the Senate, with a 2/3 majority required.

33
Q

Which two US presidents have been impeached (though both were ultimately found not guilty in the Senate)?

A

Andrew Johnson 1868, Bill Clinton 1998.

34
Q

Give an example of the power of judicial review.

A

2013 US v Windsor: the Supreme Court declared the Defence of Marriage Act (DOMA) unconstitutional.

35
Q

NLRB v Noel Canning (2014) is an example of what?

A

The judiciary checking the executive. The Supreme Court ruled that Obama had acted unconstitutionally when making appointments to the National Labour Relations Board during a recess.