US constitution Flashcards
What is the US constitution?
The creation of the US constitution at the Philadelphia Convention, and its ratification in 1789, forged the 13 formerly British colonies into the new, sovereign country of the United States of America.
Is it codified or uncodified?
The codified document is divided into seven arcticles, with the subsequent addition of 27 amendments, and outlines the powers of each branch of govrernment and how the new country would operate as a democracy.
Is the US constitution entrenched or unentrenched?
The US constitution is entrenched, ensuring that it cannot be easily changed. Importantly, the Constitution requires a clear majority, a ‘supermajority’ in order for any amendment to be added to it. This makes the process more challenging and is one of the reasons so few amendments have been added in over 200 years.
What are the powers of the US branches of government?
Congress: all legislative power, power to lay and collect taxes, regulate commerce, declare war, veto override, impeachment, investigation, ratifying treaties and appointments.
President: Recommend legislation, sign or veto legislation, commander-in-chief, nomination of judges, power of pardon.
Supreme Court: judicial power.
What is the amendment process to the US constitution?
The ability to amend the Constitution was crucial in getting the document ratified.
How many amendments have there been to the US constitution?
27:
- The bill of rights.
- The 12th, 20th, 22nd and 25th.
- The civil war amendments.
- The 16th.
- The 17th.
- The 18th and 21st.
- The 19th and 26th.
What are the advantages and disadvantages?
Advantages:
- The requirement for supermajorities ensures the broad support of the US population for any amendment.
- It protects the Constitution from being changed by a short-lived popular opinion.
- It prevents tyranny.
- It works - there have been amendments to the Constitution.
Disadvantages:
- The requirement for a supermajority makes it very difficult to pass any amendments meaning the Constitution may become outdated.
- The requirement for supermajorities makes it possible to ignore majority interests.
- Mistakes have breen made.
- It is possible
What are the principles of the US constitution?
Federalism:
- A federal government is one in which two levels of government exist, with both having their own powers. In the US Constitution, these two levels are federal and the state governments.
Separation of powers and checks and balances:
- The Founding Fathers applied the principle of separation of powers. This means that each of the three branches of government must remain completely independent of each other.
What are the checks by the President and by the Supreme Court?
Checks by the President:
- Veto any legislation from Congress.
- Recommend legislation to Congress at the State of the Union address.
- Power of the pardon.
- Nomination of federal officers and justices.
Checks by the Supreme Court:
- Judicial review.
What is limited government?
The Founding Fathers wanted to create a government that could not limit the freedoms of its citizens and would not become overbearing. The most obvious limits on the federal government are the systems of separation of powers and checks and balances, which limit the actions that each branch can take.
