US Constitution and Federalism Flashcards
Enumerated Powers VS Implied
Enumerated powers are explicitly stated in the Constitution e.g. In Article 1 and 2 it explains as to how the Senate should confirm Supreme Court Justices
Implied powers are not explicitly stated on the Constitution e.g. the ELASTIC CLAUSE states that Congress can make ‘all laws which shall be necessary and proper for carrying into execution the foregoing powers’
Interpretation Quote
‘We are under a Constitution, but the constitution is what the judges say it is’ - Chief Justice Charles Evans Hughes 1907
Principle of the US Constitution (x5)
Separation of powers (in 2009 Obama had to give up his Senate seat to become President)
Checks and balances (the Supreme Court can declare laws unconstitutional, Congress can impeach judges and the president, and the President can veto bills and nominate judges)
Bipartisanship (supermajorities required for overturning vetoes etc)
Federalism as sovereignty is shared between central government and individual states
Limited government
Amending the US Constitution
2/3 vote in each chamber and 3/4 vote of state legislatures
Only 27/11000 amendments have been made
Proposals such as the Flag Protection amendment received 2/3 in the House but not the Senate, so failed
Against US Amendment Process (x4)
Difficult to remove outdated 1787 laws such as the electoral college or the 2nd amendment
Undemocratic as supermajorities are required and 13/50 states can prevent an amendment
Makes it hard for minority groups to have an influence
Gives the Supreme Court more power as there is more importance on the interpretation of the existing laws e.g. 14th Amendment and Obergefell V Hodges
For the US Amendment Process (x4)
Constitution seeks to protect ‘inalienable right’, so it is good that it is difficult to change, as this prevents a DEMAGOGUE taking control
The requirement of a supermajority protects states’ rights
It would be undemocratic for small groups of people to be able to change the constitution
Ensures that amendments are considered and rational rather than emotional
Bill of Rights
The first 10 amendments of the 27 in the Constitution
1) Speech
2) Bear Arms
6) Fair trial
9) US citizens have rights not listed in the Constitution
10) Federal government only has the powers granted to it by the Constitution
13) Abolition of slavery
14) Equal rights
The US Constitution
To ‘form a more perfect union’ and was written in 1776
Codified and Entrenched
‘No taxation without representation’
27 amendments, 10 0f which make up the bill of rights
Article 1) Congress Article 2) President Article 3) Judiciary Article 4) State's Rights Article 5) Amendment Process Article 6) Constitution is the Highest Law
Criticism of the US Constitution (x3)
Undemocratic election process in Article 2 (Donald Trump won in 2016 with 3 million less votes than Hillary)
Vague (allowing tenuous interpretation of the Commerce in 1942 Wickard V Filburn or Gonzales V Raich 2005)
As it is entrenched it is difficult to amend. The amendment process in Article 5 undemocratically calls for a supermajority of 2/3 in both chambers and of 3/4 of states and this leads to OUTDATED laws e.g. 2nd amendment
Strengths of the US Constitution (x4)
Clearly enshrines the rights of US citizens in the Bill of Rights
Protects rights from manipulation by tyrants
The electoral system in Article 2 protects smaller states as the president must consider them and their disproportionate power
Its vagueness allows it to be adaptable such as Obergefell V Hodges in 2015 which legalised gay marriage under the 14th Amendment
Federalism in the Constitution (x3)
Political power is equally divided amongst states
FULL FAITH AND CREDIT CLAUSE (states must respect the rulings of other states e.g. divorce)
Under South Dakota V Dole 1987, it is legal for the federal government to give and withdraw funding for states if they do not meet certain requirements
Dual Federalism
1780s-1930s
States have strong rights and there is weak president and federal government
Co-operative Federalism
1930s-1960s
Federal governments’ powers increase
Government gives out more SPECIFIC GRANTS and less BLOCK GRANTS
New Federalism
1970s-1990s
Power back to states with more block grants
1984 Federal Uniform Drinking Age Act means that the federal government can hold back 10% of funding for highways from states that don’t set a drinking age of 21
Marijuana
In 2005 Gonzales V Raich, the Supreme Court ruled that the COMMERCE CLAUSE permitted Congress to ban the growth and use of marijuana as marijuana COULD end up over state lines
In Printz V United States, it was ruled that the federal government cannot utilise state law enforcement to enforce federal law, so Obama announced that it was unlikely to be prosecuted for a drug that is not illegal in their state
