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leads to an out of date constitution - second amendments (right to bear arms)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
What is the 10th amendment
the powers not delegated to the US by the constitute nor prohibited by it to the states are reserved to the states respectively or to people
What are the advantages of federalism
participation - accommodates a diversity of opinion, responsive to local needs
efficiency - state gobs can create policies specific for a local area
dispersals of political power - state systems mirrors federal separation of powers
innovation - allowing state gov to create different policies can provide a successful model for federal level
recruitment - policies can act as a training ground for national leaders
What is the disadvantages of federalism
discourages national unity - increase distrust of federal gov
inefficiency - not a single national policy on key issues
lack of accountability- overall between national and state gov authority can blur accountability
obstruction- state govs and local interests can block federal initaroves
examples of states rights vs federal power 1776-1920s
states rights - tariffs imposed by Congress on the southern states causes the southern states to secede
federal power - federal gov established in 1788 and this is reasserted in the supremacy of the federal gov - 16th amendment established a federal income tax
examples of states rights vs federal power 1930s-1960s
states rights - states in the deep south resist attempts to desegregate public places through Jim Crow laws
federal power - categorical grants created after wall street cash allowed state govs to spend with conditions aggadhed
examples of states rights vs federal power 1970s- early 1990s
states rights - Nixon launched new federalism and block grants with fewer strings attached
federal powe - in 1980/ cut expenditure leaving the states with unfinished mandates
examples of states rights vs federal power Bush
claimed extra power to federal gov
- largest inflation adjusted increase in spending
- defence departments size and powers increased
- No Child Left Bejind Act (2001) all states test students
- congress expanded medicare
examples of states rights vs federal power Obama
federal - affordable care act tried to compel states to expand medicare
states rights - but Feswrarion of independent business v Sebelius (2012) supreme court ruled compelling states in this way was unconstitutional
examples of states rights vs federal power Trump
states right - onus on states to battle covid 19 as federal help was last resort
federal power - willingness to use the National Guard to quell protests
