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US Constitution And Federalism Flashcards

1
Q

What is a constitution?

A

Collection of rules, principles and conventions which outlines the political system, location of sovereignty and relationship between government and those being governed.

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2
Q

What is the federal government ?

A

The national government of the USA comprising of three branches - congress, the presidency and the judiciary.

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3
Q

What is federalism ?

A

System of government whereby power and sovereignty are shared between the federal government and individual states.

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4
Q

What happened following 1776 Declaration of Independence?

A
  • the 13 US states were at war with British
  • The states wrote the Article of Confederation which created a weak federal government which ensure the states sovereignty
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5
Q

What was the 1791 Bill of Rights Act?

A

First 10 amendments to the constitution dealing with individual rights in order to quell the criticisms of the new constitution

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6
Q

What key principles held by the founding fathers was the US Constitution written in accordance with?

A

Limited govt
Separation of powers
Checks and balances
Bipartisanship
Federalism

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7
Q

Why was a limited government a key guiding principle held by the founding fathers?

A

Didn’t want a govt with unlimited powers as the Americans had to fight the tyranny of British monarchy and being taxed without representation from Parliament.

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8
Q

What is the fear with a government with unlimited power?

A

Challenge authority of state government

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9
Q

How does the constitution limit the power of government ?

A

Separation of powers
Checks and balances

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10
Q

Why was Bill of Rights added to constitution?

A

States only agreed to sign the constitution on the provision that the Bill of rights is added to ensure a limited government

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11
Q

What is the Separation of powers ?

A

Complete separation of three branches of government: legislature, executive and judiciary each with a separate article in the constitution outlining powers.

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12
Q

What is the Ineligibility clause of article 1 ?

A

Prevented any one person from holding office in more than one branch at any time , preventing individuals gaining too much power.

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13
Q

What is Checks and balances ?

A

Power of one branch to directly prevent to action of another branch . Checking actions. All branches can do this to each other provides a balance of power.

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14
Q

What is Bipartisanship?

A

The ability of two or more parties to work together to achieve an outcome.

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15
Q

Why is there no provision for a two party system in the constitution?

A

Alexander Hamilton said, ‘ We are attempting to abolish factions and to unite all parties for the general welfare

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16
Q

How does the separation of powers lead to Bipartisanship?

A

The branches are required to cooperate in order to be able to exercise their power.
The different elections appointments make it difficult for any one faction to control all the branches ensuring compromise.

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17
Q

Why is it important that federalism allowed for shared sovereignty?

A

The founding fathers recognised the importance of a strong central government. Therefore shared sovereignty meant that the central government would have authority over some aspects of political life while states will remain sovereign over others. Ensures that state rights and individual cultures and beliefs were nor ignored.

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18
Q

Why is it important that federalism is in the constitution?

A
  • guarantee state rights
  • limit state and federal govt power by dividing authority between them
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19
Q

What does codification mean ?

A

A single written document containing all constitutional rules and principles

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20
Q

What does it mean that the US constitution is codified?

A

The constitution is the source of political power in the USA and any powers that federal or state governments hold are given them by the constitution

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21
Q

What does judicable mean ?

A

Judges can interpret actions and laws against the constitution to determine whether they are constitutional.

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22
Q

What does entrenched mean ?

A

Protected from change through a legal process. For US constitution it is the two stage amendment process requiring supermajority approval from congress and states

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23
Q

What does the amendment process ensure?

A

The the constitution could be change in response to emerging need but would not be so malleable that it would change frequently

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24
Q

What is article I?

A

The legislative Branch - outlines the structure, powers and elections of congress

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25
What is Article II?
The executive branch - outlines the structure, powers and elections of the president
26
What is Article III?
Judicial branch - outlines the structure and powers of the Supreme Court
27
What is Article IV?
The states - outlines the relationship between states and admittance of new states
28
What is Article V?
Amendments - outlines the amendments process to the US constitution
29
What is article VI?
The United States - outlines the supremacy of the constitution
30
What is Article VII?
Ratification - outlines the conditions for the ratification of the U.S. constitution
31
Why is the constitution vague?
Allows for compromise of the delegates and agreement of the states. Founding fathers had differing views Eg on role of state and slavery
32
How is the vague nature of the constitution seen?
Enumerated powers and implied powers
33
What are enumerated powers?
Powers that are specific and explicit
34
Where are enumerated powers identified?
In first three articles. Outline specifically the power a branch can exercise In Article II , ‘the President shall be commander in Chief of the Army and Navy of the United States.
35
What is the Necessary and Proper clause ?
Congress has the right to make any law which allowed the members of Congress to carry out their enumerated powers
36
How has the necessary and proper clause been used?
To extend the powers of congress over time
37
What are implied powers ?
Powers assumed/implied by the wording of the document
38
How are implied powers gained?
From interpretation of the vague language of the constitution
39
What are examples of implied powers?
Forming a cabinet , executive orders, signing statements
40
Why is Article I in more detail and specific than Article II?
Founding fathers feared a strong executive so they gave congress explicit and specific powers to try and ensure it couldn’t be usurped by the president
41
What has the vague language in Article 2 led too?
Wider interpretation of presidential power which has expanded the branch.
42
What does the legislative do?
Makes laws
43
What is included within the legislative ?
Congress, Senate and House of Representatives
44
What does the executive do ?
Carries out law
45
What is included within the executive ?
President Vice president Cabinet
46
What does the judicial do?
Interprets laws
47
What is included within the judicial ?
Supreme courts and other federal courts
48
Roles of legislative
To set and collect taxes To borrow money on behalf of USA To regulate foreign commerce To establish rules on citizenship To coin money and set standards of measures and weights To set up the courts under the Supreme Court To declare war To make laws ‘necessary and proper’ to achieve the powers
49
What are the roles of the executive?
Hold executive power Commander in chief of Army and Navy To make treaties To grant pardons To appoint judges and ambassadors To address Congress on the state of union To veto legislation
50
Roles of the judicial
Rule on issues arising from the constitution, on conflict between two or more states or conflict between the federal and state govt
51
How does congress check the president?
write legislation veto override powewr of the purse declare war impeach president Ratify treaties and appointements(senate)
52
How does congress check on the supreme court?
Impeachment of justices constitutional amendments creation lower courts ratify judicial appointments
53
How can the president check on congress?
suggest legislation sign/veto legislation commander in chief of armed forces
54
How can the president check on the supreme court?
Power of the pardon nomination of judicial appointments
55
Who is Baron de Montesquieu?
18th century french philosopher
56
What book did Montesquieu write?
Spirit of the Laws
57
What did 'Spirit of the laws' argue for?
three separate branches of govt - executive, judiciary and legislature
58
How did Montesquieu influence the founding fathers?
- three branches of govt - checks and balances - 'it is necessary from the very nature of things that power should be a check to power'
59
How can congress check the president through legislation?
Most legislation is suggested by the president at his state of union address in his legislative agenda. However, congress can amend, delay or block new legislation.
60
What happened at every State of The Union address between 2010 and 2015?
Obama asked congress to pass immigration reform but no legislation had been passed by the end of his time in office
61
how does the power of veto override allow congress to check the president?
if the presidents vetos a bill, congress can override by achieving a two third majority across both houses forcing the bill into law
62
how many of George W Bush's vetoes were overridden?
12 vetos, 4 overridden, 6 more attempts but failed . this is anomaly , usually very few eg obama only had one of his vetoes overridden.
63
what is the power of the purse?
congress has right to raise taxes and spend money raised for the national government.
64
what does the power of the purse prevent?
president spending money without the consent of the elected representatives.
65
what is the appropriation clause?
without a congressional law money can't be allocated for federal policies.
66
which is the only branch that can declare war?
congress
67
how many times have congress used the power to declare war?
11
68
What is a AUMF?
Authorisation for Use of Military forces where congress grants the president the authorisation to use his military without formally declaring war
69
Example of an AUMF
The AUMF that followed 9/11 has been used by Bush, Obama and Trump to justify their actions in conflict in 14 countries
70
what power does the impeachment proceeding grant the president
the house of rep is given the power to bring charges of impeachment against an individual. if this passes a simple majority vote, a formal trial is held in the senate
71
who were the only two presidents to go through the whole impeachment process?
Andrew Johnson (1868) and Bill Clinton (1997) both found not guilty.
72

US Politics (10 decks)

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