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
list advantages of the formal amendment process
- Protects the constitution -> separation of powers, checks and balances, bipartisanship and federalism almost completely immune from amendment
- Protects state and upholds federalism ->10th amendment emphasises right of states to have reserved powers as opposed to federal govt
- Requires broad support -> Supermajorities require genuine consensus before the constitution amended, Amendments only made if bipartisan agreements made state and national level
- Prevents ill thought out amendments
list disadvantages of the formal amendment process
- Difficult to amend outdated provisions or to incorporate new ideas -> Changing electoral college - electoral college elected 2 presidents who lost popular vote in last 20 years
- Goes against concept of majoritarian democracy -> Supermajorities required to amend constitution are therefore undemocratic
- Enhances the power of unelected Supreme Court to make interpretative amendments
- States with small populations have too much influence
- Mistakes are still made
define federalism
- Sovereignty divided between national and state govts (each having own jurisdiction)
define dual federalism
- limited role of federal govt (1790s to 1930s) -> layered cake - defined levels and clear dispersal of power
- State and federal govts were coequal with distinct policy boundaries
- States undertook most governing (supported by Supreme Court rulings)
- Individual state govts had most political power
define cooperative federalism
- federal/state govts work together (1930s to 1960s) -> marble cake - mix of federal and state
- Federal govt grew after Wall Street crash, Greta depression and WW2
- Beginning with new deal federal govt took direct responsibility in unemployment benefits, work programmes and helping local schools -> break from dual federalism (clear distinction between federal and state govts blurred)
- Welfare of citizens became role of federal govt
- 1963 - when Johnson came to power govt spending $10.6 million a year then when he left 1969 $259 billion
define new federalism
- attempt to reduced federal power and return autonomy to states (1960s to 2000s)
- Powers of federal govt rolled back and returned to state
- Still similar to cooperative federalism than dual federalism - blurred lines key facet
