US Constitution and Federalism Flashcards
Is the US constitution codified or uncodifided
codified - written in one document of 7000 words long and sets out enumerated powers
What is the difference between enumerated powers and implied
enumerated is defined by the constitution while implied is not defined buy persuned
What is not referred to in the constitution
political parties
congressional committees
the presenting cabinet
the exact number of supreme court justices
What is the elastic clause
congress gives power A but if this also need power B then congress gives power B too
e.g McCulloch v Maryland (1819) for national bank
How many times has the US constitution been amended
27 times since 1787 - over 10000 amendments have been debated in congress and 33 have been accepted
How are amendments made in US
proposed by 2/3 of the House or the senate
or by a national convention requested by 2/3 of the states
and ratified by 3/4 of the legislated or the state conventions
What are the arguments for and against the formal amendments process
for:
limits gov - no power hungry president or congressional majority can change the constitution
protects the rights of state - need 3/4 so protects smaller states
prevents ill thought admensmenrs
against:
harms democracy - will of majority can be blocked by a small minority
flawed admensmenrs still pass - 18th amendments (prohibition)
leads to an out of date constitution - second amendments (right to bear arms)
too much power to supreme court
What are the two other ways to achieve constitutional change
changing conventions - unwritten conventions like FDR standing for a third term and Trump not giving a cocedinh speech
interpretations by the Supreme court - interpretive amendments
How are the powers of the federal government limited
separating the parts of the federal state and having them control each other
compromise between parties
sharing sovereignty between the stayes
How are powers separated in the US
Separate personnel - no one can be one more than one branch e,g Obama stepped down as senator to run for president
separate buildings
How are powers not separated in the USA
shared powers - both legislature and the executive share legislative powers
congress jas the power to declare war but the president is the Commander in chief
what does bipartisanship mean?
close cooperation between the major parties to achieve political goals
the separate elections means congress and president often are from different parties
constitutional admensmenrs - unusual for party to have a majority in both chambers
treaty ratification
Why is bipartisanship now harder to achieve
parties often cannot compromise on bills resulting in legislative gridlock
2016 Obama tried to nominate a judge to replace a judge who died by senate republicans refused to consider Obamas nomination
Trumps refusal to concede defeat on 2020 has damaged bipartisanship
What are some current examples of bipartisanship
Voting Rights Act (2006) passed unanimously in both chambers
Bipartisan infrastructure law (2021) passed 69:30 in senate
Bipartisan safer communities act (2022) introducing background checks checks for firearm purchases under 21
What is the definition of federalism?
sharing sovereignty between a central federal government and the individual states
