US Politics Flashcards
(458 cards)
When was the constitution originally drawn up?
1787
How many times has the US constitution been amended?
27 times
What was the first constitution based on and who ratified it?
The articles of confederation and the 13 original us states
Why were colonies reluctant to join a central government?
The colonies were all very distinct and of varying size - they were also reluctant to give up their hard won independence
What did the constitutional convention help with? What came out of it?
The tension caused between the states trying to balance freedom and the right to resist with stability and effective government
At this convention, the 55 attendees or the founding fathers drew up the us constitution which had to be ratified by 9 of 13 states before coming into effect. This happened in 1788 when New Hampshire became the first state to ratify
What are some key features of the constitution? (Not necessary to know all just the general gist)
- emphasis on representative government not democracy
- general fear of mass democracy
- product of its time and authors
- slavery was intrinsic to the economy and society of several nations
- it was about the framework and structure of government as opposed to individual rights
- the articles were intentionally ordered in a specific way
- it was a compromise
- there was an implicit fear of power
- left a lot unsaid and plenty vague
- designed to be long lasting, enduring and not easily changed or overturned
- acts as a focus of loyalty and attachment for the majority of Americans
- the constitution was to be sovereign
What is the bill of rights?
The first 10 amendments to the constitution agreed by congress in 1789 and ratified in 1791.
Focuses on individual rights and freedoms used to protect US citizens from the actions of government.
What are implied powers?
Powers of the federal government implied by or read into its roles and responsibilities as laid out in the constitution
> congress has the implied power to punish tax evasion because it has the expressed power to collect taxes
What are enumerated powers?
Powers expressly granted to congress by the constitution
> the power to collect tax
What’s the 3/5ths clause?
Enslaved people counted as 3/5 of a man until it was repealed in 1868 by the fourteenth amendment. This meant that the number of representatives a state would get in the house. Slave holding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse.
Where is the areas of vagueness and silence in the constitution and why is this important? (Good and bad)
- has allowed the constitution to evolve with changing times (general welfare and necessary and proper clauses) but allowed for things like slavery and sectional divide
- lack of any allusion to democratic principles
- amendments can be particularly ambiguous
> the second amendment ‘the right to bear arms’ is prefixed by the phrase ‘a well regulated militia, being necessary for the security of a free state’ this is because when it was written many of the states had just expelled colonisers with single shot muskets - should this now only apply to the national guard? Or everyone? Only semi automatic weapons or more lethal devices? - the constitution also gives the president ultimate responsibility for initiating military action but congress has the sole power to declare war yet the president is commander in chief
> this is because in emergencies like an attack from the British or indigenous Americans it may not be convenient for congress to reconvene, nowadays presidents often seek congressional approval retrospectively
What is judicial review?
The supreme courts power to interpret the constitution and decide on the legality of something
What is the supreme courts most important power? How does this power allow them to act as a referee?
Judicial review as it allows the court to interpret the constitution and declare laws or executive actions as unconstitutional and therefore illegal
Is judicial review mentioned in the constitution?
Not specifically - it came around from precedent from one of the most important historical cases - Marbury v Madison in 1803
> in the past due to areas of ambiguity this has been used with one Supreme Court justice stating ‘we are under a constitution, but the constitution is what the judges say it is’. This implies the meaning may change based on the courts political leaning
What contentious issues have ended up in the Supreme Court? Give case names
- Burwell v. Hobby Lobby Stores, Inc. (2014) was a landmark case in which the U.S. Supreme Court held that closely held for-profit corporations could be exempt from regulations that violate their religious beliefs under the Religious Freedom Restoration Act (RFRA).
The case arose when Hobby Lobby, a craft store chain owned by a Christian family, objected to the Affordable Care Act’s (ACA) mandate requiring employer-provided health insurance to cover certain contraceptives. The owners argued that providing these contraceptives conflicted with their religious beliefs.
In a 5-4 decision, the Court ruled in favor of Hobby Lobby, stating that the ACA’s contraceptive mandate imposed a substantial burden on the company’s exercise of religion and was not the least restrictive means of achieving the government’s interest in providing access to contraception. This decision extended certain religious rights to closely held corporations.
- Roe v. Wade (1973)
In Roe v. Wade, the U.S. Supreme Court recognized a constitutional right to abortion. The case arose when “Jane Roe” (a pseudonym for Norma McCorvey) challenged a Texas law banning abortion except to save the mother’s life. In a 7-2 decision, the Court ruled that the right to privacy, rooted in the 14th Amendment, included a woman’s decision to have an abortion. The Court established a trimester framework:
1. In the first trimester, the government could not restrict abortion.
2. In the second trimester, regulation was permitted to protect maternal health.
3. In the third trimester, states could prohibit abortion, except when necessary to protect the woman’s life or health.
Overturning: Dobbs v. Jackson Women’s Health Organization (2022)
In Dobbs v. Jackson Women’s Health Organization, the Court revisited abortion rights after Mississippi enacted a law banning most abortions after 15 weeks. The Court’s conservative majority overturned Roe v. Wade in a 6-3 decision, stating that the Constitution does not confer a right to abortion. The ruling returned the authority to regulate abortion to the states.
Impact of Overturning Roe
• States gained the power to set their own abortion laws, resulting in a patchwork of policies.
• Several states enacted strict abortion bans or restrictions, while others expanded protections.
• The decision significantly reshaped the legal and political landscape surrounding reproductive rights in the U.S.
- Obergefell v. Hodges (2015)
Obergefell v. Hodges was a landmark U.S. Supreme Court case in which the Court ruled that same-sex couples have a constitutional right to marry under the Fourteenth Amendment.
Background
The case consolidated challenges from several states where same-sex couples were denied the right to marry or have their out-of-state marriages recognized. James Obergefell, one of the plaintiffs, filed suit because Ohio refused to recognize his marriage to his terminally ill partner, John Arthur, who had died.
Supreme Court Ruling
In a 5-4 decision, the Court held that:
1. The Due Process Clause guarantees the fundamental right to marry, which applies equally to same-sex couples.
2. The Equal Protection Clause ensures that same-sex couples are not denied the dignity and benefits of marriage afforded to opposite-sex couples.
Justice Anthony Kennedy, writing for the majority, emphasized the principles of dignity, autonomy, and equal treatment under the law.
Impact
The ruling:
• Legalized same-sex marriage nationwide.
• Required all states to recognize marriages performed in other states.
• Was celebrated as a major victory for LGBTQ+ rights in the U.S.
- Plessy v. Ferguson (1896)
In Plessy v. Ferguson, the U.S. Supreme Court upheld racial segregation under the “separate but equal” doctrine. The case involved Homer Plessy, who challenged Louisiana’s law requiring separate railway cars for Black and white passengers. The Court ruled 7-1 that segregation was constitutional as long as facilities were equal, legitimizing decades of segregation.
- Brown v. Board of Education (1954)
In Brown v. Board of Education, the Court overturned Plessy, ruling that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment. The unanimous decision declared that “separate but equal” is inherently unequal, marking a pivotal moment in the fight against racial segregation and the civil rights movement.
How does gridlock occur in congress as a result of the constitution?
The constitution was designed to promote compromise and cooperation between the 2 houses and the president. This is because for any laws to be passed all parties must cooperate. It was intended that the senate would calm the passion and populism of the house however there is often deadlock.
> during Trumps first presidency (Dec 2018 - Jan 2019) there was a 35 day government shutdown when Trump tried to pass a budget with greater funding for his border wall
Why is there differing rules on elections between states?
The constitution places the organisation of elections solely on states
> certain things like the voting rights act of 1965 and the help America vote of 2002 are mandatory but many practical measures like postal votes and early voting are not
> some states also place limits on the voting rights of ex felons
What state automatically mails voters ballots?
Utah
What aspect of voting has there been particular controversy over lately?
Stricter voter id laws where some states, mainly republican, have aimed to tighten up rules where they allege there has been voter fraud
> Mississippi and Kansas both have stricter requirements on permissible photo ID
As a result there has been widespread accusations of voter suppression
What are the two main principles of the us constitution?
Separation of powers
Checks and balances
What is the separation of powers?
The founding fathers argued that the best way to avoid tyranny and absolutism was to divide government into 3 branches:
Legislature (congress)
Executive (president)
Judiciary (SCOTUS)
What are the positives and negatives of the separation of powers?
Each branch is limited by the other two
No person can serve simultaneously in two branches
> Clinton had to resign as senator for NY when appointed Secretary of State
It helps prevent any one branch from having too much power and avoids the notion of an elective dictatorship
It helps to prevent the notion of an independent and non political judiciary which is vital for upholding civil liberties
The term separation is misleading - shared may be more accurate
The VP is the also senate president and has the casting vote in the event of a tie
> Mike Pence used this multiple times, notably to confirm Betsy DeVos as education secretary in 2017
A president with a supportive Supreme Court whose party controls congress has a lot of power regardless
Few judiciaries in moderns democracies are arguably as politicised as the US
presidents have the power of pardon which overlaps with the judiciary
> Biden pardoned his son Hunter after he had been convicted of his peers on tax and gun charges
How do Checks and balances work?
Every branch of government is limited and constrained by others
What are some presidential checks on congress?
Presidents can veto acts or resolutions passed by congress which takes a 2/3 majority to overturn
Presidents often threaten the veto to dissuade congress from passing an unwelcome measure
Presidents can issue executive orders to by pass the need for formal legislation
Presidents can use their commander in chief role to deploy rules US troops overseas thereby avoiding congressional approval of a formal declaration of declaring war