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 articles, with the subsequent addition of 27 amendments, and outlines the powers of each branch of government 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, the 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, the 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 of the amendment process
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The requirement for a supermajority makes it very difficult to pass any amendments meaning the Constitution may become outdated.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 minority interests.
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.
What is the amendment process?
Article V explains how amendments to the US constitution can be made.
- The ability to amend the Constitution was crucial in getting the document ratified - a number of states refused to agree to this new constitution without a number of changes.
- Federal level: proposal stage: Two-thirds of both house and congress agree to propose an amendment.
Two thirds of states call a national constitutional convention, which proposes an amendment.
States level - ratification stage:
- Three-quarters of state legislature ratify the amendment.
- Three quarters of states hold state constitutional conventions and vote to ratify the amendment.
What are the advantages of the amendment process?
- 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 of the larger states over the small by valuing each state equally in the process and of the federal government by requiring state approval.
- It works - there have been amendments to the constitution,
What are the disadvantages of the amendment process?
- The requirement for a supermajority makes it very difficult to pass any amendments meaning the constitution may become outdated.
- The requirement for super majorities makes it possible to ignore minority interests.
- Mistakes have been made - the 18th amendment later repealed by the 21st amendment showing the process is not rigorous enough.
- It is possible for a small number of states to prevent an amendment passing.
What is 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’ government and the state governments.
How does the constitution protect the power of the states and federal government?
Protecting the power of states:
- 10th amendment.
- The states control the running of elections.
- Frequent, staggered election cycle.
- States appoint their senators.
Protecting the power of federal government:
- Enumerated powers in Articles I, II and III.
- Implied powers.
- The power to raise tax so federal government would be funded.
What is bipartisanship?
- Agreement or cooperation between two political parties
- The constitution was not written with parties in mind, bit it does have some safeguards which prevent them being too powerful. It allows for different groups to control different branches.
- The staggered election cycle, with the House of representatives elected every 2 years, the president every 4 years and the Senate every 6 years. This means a different party could control each branch of government and forces representatives to be frequently accountable to their constituents.
- Super majorities are required in some circumstances, such as for constitutional amendments and to override the presidential veto: this requires party cooperation.
- The checks and balances written in the constitution mean that in order to achieve anything, the different branches of government must work together.
