USA constitution Flashcards
what is federalism and why did the founding fathers want to introduce a federal system of government?
This would be the relationship between the federal gov and the states, the FF would want to introduce this to protect the state rights, limited government and limit the power of Washington DC.
each state has it’s own elected government and constitution.
Death penalty will be different from state to state and Wyoming would introduce the firing squad.
the 10th amendment is crucial to federalism as any powers that are not given straight to the federal government are given to the states.
federalism is also designed to regulate trade within a state, this is from the commerce clause, Article 1, section 8.
What rights would be specifically given to the states?
Regulation of trade within a state, this would be part of the commerce clause of Article 1 Section 8.
elections within the state.
protect the publics health, welfare and morals.
Article 4, “full faith and credit”- this would be one law that is recongnised in one state can be recognised in all 50 states.
There would be Article 5 amendment.
These would be reserved powers- so they are given straight to the states and not the government.
what concurrent powers would be given to the states?
raise taxation
borrow money
spend money for the welfare of the people.
pass/enforce laws.
what are the powers that would be given only to Washington DC?
These would be enunciated powers, for example foreign affairs for the nation.
Regulation of the trade between the states.
Article 6 the supremacy clause, federal gov will always win in a dispute.
why has the federal government in Washington grown in influence over the states?
The federal gov has exploited the “loopholes” that would be put in place, for example with the welfare clause and the commerce clause. For example, in a crisis the states in Covid 19.
what are two examples that show the relationship between the states and the federal governement?
1, Exploiting the state.
The federal government would say that they would give money to the states on the condition that they would meet certain targets. This would be seen in 2009 with the Educational programme with $4.3 billion, the states would have to meet the 20 goals in order to get the money.
2, Federal mandates, forced to comply
states have the rights to administer elections, in the 1965 Voting Rights Act, they would have to ask permission if they wished to alter this.
There would be Shelby County vs Holder, this would be declared as unconstitutional.
what is the role of the SC in federalism?
The vague nature of the C has led the SC to need to defend it.
Roe Vs Wade in 1973, this would be undermined with Dobbs vs Jackson in 2022.
Oberguff vs Aodges, 2015 this would be to make gay marriage legal.
What does the state of Texas highlight with regards to federalism?
The state of Texas is a very prosperous one with a $1.9 trillion gross state profit, which would be the second highest in the UK.
In 2021 governor Abbot would be angered by the Supreme Court as they would rule in favour of the federal government as they would ruled that the state could not uphold the abortion ban. further conflicts with the federal government as Texas would have different policy ideas. For example Biden would have a more liberal view on immigration for example stopping that people crossing the border will be detained in Mexico. Adding to this, Biden will prevent new lands being used for gas and oil.
The critical race theory, would be the idea that racism should be taken seriously.
Texas would use the SC to challenge the Sc in 2016 over his plans for immigration, TX would win.
Texas would also refuse aid with the American rescue plan, they would refuse as they would say that this would limit the power that they would have over economic policy.
Evaluate the view that the concept of federalism is dead in the USA- example plan
Ability to act in a crisis:
Yes
Keep children at home during the Covid 19 crisis, ability to overrride the exec.
32 goverenors would plan what to do over Covid. In Texas, in March 2021 Governor Abbot signed an EO to free Texas of covid restrictions.
No
Federal government would make key decisions over the Covid 19 crisis, 2008 financial crisis and the vaccine would be delivered by the federal government.
Can make laws independently.
Yes
Death penalty will be legal in 29 states
Marijuana
10th amendment
Some states will decide what to do over the banning of certain books.
No
Healthcare, Obama care forced states to comply
Actions of the sc affected the states
Yes
2016 Obama
No
2012 would uphold the affordable care act, this would defend the federal government
what is the history of the US Constitution?
1776 would be the war of independence and this would lead to the defeat of the British in 1783.
It would be decided that the 13 colonies would be run as a confederacy, in 1781 the articles of confederation would be signed, this would be a formal friendship between the colonies, there would be no executive and no judiciary, the articles of confederation would be weak.
The Philadelphia Convention- in 1787 55 delegates from each of the 12/13 colonies, RI did not participate. There would be an agreement that the confederacy would be weak, but the FF would want to create a new government that would not be tyrannical and would encourage people to have their own liberties. A federal government, with a bill of rights and checks and balances was seen to be the answer.
There was the Virginia plan (congress of two chambers) and the New Jersey (congress of one chamber) plan, there would be the Connecticut promise, this would be a federal government there would also be powers that would be given to the states.
what is the nature of the US Constitution?
it is a codified constitution which means that it is a document that is written down and even amendments are changed.
The constitution would also set out the machine of the government and how each body of gov would have different powers.
The Constitution would be entrenched so it is difficult to change- this is highlighted in article V of the constitution which outlines the amendment process, as of 2024 there has only been 27 amendments.
The Constitution is also written with some vague language.
how does the constitution outline the powers of each of the bodies of government?
Article one- this would be in relation to congress, this would highlight that congress is a national legislature and it would also highlight the method of election of its electors.
Article two- would indicate that the power of the executive would be in the hands of the president.
Article three- This would be in relation to the SC, it would highlight that it is the umpire of the constitution.
These are delagated powers which means that the executive does not have unlimited powers.
what is the significance of the vagueness of the constitution? and what are examples of emunarted and implied powers?
The vagueness of the constitution would mean that the constitution could evolve without official agreement.
Congress:
Emunerated powers:
Exclusive powers to legislate, this is different between the houses.
Tax collection
Borrowing money on behalf of the US Gov.
declaration of war
amendment of the constitution.
Implied powers:
Congress was given the power to provide for the defence and the welfare of the people- this would imply that Congress would have the power to collect taxes and would have the power to levy.
From the power that Congress has with the Navy this will imply the power that congress has to draft people to go to war.
President.
Emunerated powers:
head of the executive branch
can nominate people to go to the SC
Commander in chief of the army
VETO
Implied:
is commander in chief of the air force even though it did not exist at the time.
Judiciary:
Emunerated power:
rule on cases regarding the constitution.
to declare acts of congress or actions of the executive.
the right to bear arms- this is why it has been difficult for there to be legislative change on this matter.
IMPLIED:
Judicial review
what is the difference between reserve and concurrent powers?
reserve powers- these are powers that either the states/people have, this limits the federal government. These would include powers such as to declare war, make treaties, coin money.
Concurrent powers- these are powers that shared by the states and the federal government, for example collecting taxes, to establish a local government and collect taxes.
how does the amendment process work? and what are the bill of rights?
This process was made difficult so that the constitution cannot be easily changed. They can be proposed by Congress or the states, the only time it came close to the states proposing a change that would lead to change would be in 1992 this was over a balanced budget amendment. Of the 33 proposed amendments by congress the states have ratified 27 of them.
There are two methods that involve either the state/legislature starting to process. There is the need for a 2/3 then 3/4 majority, two states short in 1992.
The bill of rights are the first 10 amendments that were ratified into law, this was designed to protect the American people from a too central government.
why has the constitution been amended so rarely?
The FF would create an amendment process that was designed to be difficult- the need for the states and congress to agree with supermajorities makes the process difficult.
in modern times the polarisation of the two parties has made the process difficult- with a large number of members and there being little central ground means that it is diffilcult to make amendments.
The vagueness of the constitution has allowed it to naturally evolve.
The SC and the power of judicial review- this allows the courts to change the Constitution where it no longer sees fit.
Americans are cautious when it comes to changing the constitution- the Constitution is held in high regard. Harris has strongly campaigned that Trump threatening to shred the constitution is highly damaging to the American constitution.
if things are seen to be a relic of the pass it is hard to get them changed, in 2009 there was the attempt to remove the EC which failed.
Flag burning 6 failed attempts, 2006 70% of people in congress supported it.
There have been 12,000 suggested amendments since the beginning of the consitution, 0.2% of those have passed.
what are the advantages of the formal amendment process?
protects the constitution- There were key features of the constitution which are needed to be upheld, for example the seperation of powers would be a key concern among the FF. Trump has described the system of checks and balances as “archaic”.
Protects states and upholds federalism- this will protect the 10th Amendment that the states have.
Requires broad support- The liberals that want to change the second amendment which may seem like a strong majority of people, in 2018 only 1/5 of people would support this. There often be contentious issues that lack broad support, for example the issue of flag discretion has had 28 proposals for amendment but has never received enough broad support.
prevents ill thought-out amendments- the lengthy process means that these amendments need to be highly though through.
the system has been said to work- it allows amendments to pass when needed but not ill-thought ones.
what is the principles of the US constitution?
limited government- did not want the tyranny of monarchy.
separation of powers- divided government into three branches which were entirely independent from each other.
checks and balances- “ambition must be to counteract ambition” this is to make sure that each branch is working effectively.
bipartisanship- you may argue that this is no longer in place today- this was the principle to abolish factions.
federalism- there was a need for a stronger central government, this sought to limit both federal and state government.
what is the difference between enumerated powers and implied powers?
enumerated- these are powers that are written down and are stated specifically.
implied powers- these are powers that are interpreted from what is stated in the constitution.
