US CONSTITUTION & FEDERALISM Flashcards
How and when did the Constitution first come into being?
1787 - Philadelphia convention
Why was a Constitution seen as necessary?
• agree confederacy is flawed/weak - create federal constitution, bill of rights and checks and balances
• Confederation was feeble with no executive and judiciary
- Why were their two rival plans at the Philadelphia convention? How did the final plan compromise amongst the two proposals?
• New Jersey plan - all states have equal number of votes
• Virginia - proportion of state population (big state has more power)
• Connecticut compromise - congress of 2 chambers House of Representatives (state population) and senate (based on equal representation) -> bicameral (2 house)
Why did the US opt for a codified constitution rather than an uncodified one?
Provides clarity for steamed - clear set of rules
Why do you think the constitution opted for a separation of powers?
• To ensure checks and balances
• Power doesn’t lie in one place - king cannot re-emerge
• Prevent tyranny
- What is meant by enumerated powers?
• Powers delegated to federal govt - federal govt doesn’t possess unlimited power but only power it is given in constitution
• Explicitly written in constitution
- What did the Supremacy Clause mean?
• Portion of article vi stating constitution (treaties and federal laws) shall be supreme law of land
What did Marbury v Madison 1803 mean?
• First judicial review of federal law - Supreme Court discovers ability to be arbiter of constitution
• Supreme Court decided what is constitutional - can veto act of congress, executive order from president/local or state law
Why is the Constitution vague?
• It has allowed the constitution to evolve without formal amendment
• Allowed delegates to compromise and Philadelphia convention
Vagueness also led to significant conflict/disputes over what is classed as constitutional - no talk of slavery in original document created division in civil war
What is meant by implied powers?
• Implied powers - powers of federal govt not explicitly mentioned, reasonable implied by enumerated powers
• Many implied deduced from necessary and proper clause - empowers congress to make all laws necessary and proper to carry out federal govt duties
○ Elastic clause - powers of federal govt can be stretched beyond enumerated power
• Power of judicial review is another implied power - Supreme Court can declare things unconstitutional (acts of congress, actions of executive, acts/actions of state govts)
What is meant by Reserved powers?
• Reserved powers - powers reserved to sates alone or people
• Provision held in 10th amendment - federal govt is govt of enumerated and limited powers, if powers not delegated specifically to federal govt they yet fall to individual states themselves or people
What is meant by Concurrent powers?
• Concurrent powers - powers possessed by federal and state govts eg collecting taxes, building roads, maintaining courts
Why do legitimate national laws supersede state laws?
• Supremacy clause of article vi - enshrines into constitution. key feature of us govt which asserts supremacy of national law
Supremacy of national law - legitimate national law automatically supersedes any conflicting state law
What are the key enumerated powers of each branch?
• Congress - exclusive powers to legislate for country, establishing currency/coin, declaration of war, amendment of constitution (shared with states)
• President - nominate cabinet embers ambassadors judges, commander in chief of army and navy, propose measures to congress
• Judiciary - rule on cases arising under constitution
