USA Constitution Flashcards
Articles of Confederation
- 13 States agreement
- Weak central government
- No president
Shays Rebellion
- 1787
- Farmers opposed Massachusetts economic policies
- Many farms were seized
US Constitution
- Philadelphia convention
- 55 attendees
- 9/13 states had to ratify
- 1788 9 states ratified
Key features of the US Constitution
- Codified
- Sovereign
Article 6 states “Constitution shall be supreme law of land”
- Specific and Vague
2 amendment, age requirement for Congress
- Entrenched Provisions
Extra layers of protection
E.g. 3/4 states to ratify to amend
Key principles of the US Constitution
Federalism
Separation of powers
- Article 1 Congress, article 2 President, article 3 Supreme Court
Checks and balances
- Each branch is limited by each other
Presidential checks on Congress and Judiciary
Congress checks
- Veto the bill
Obama Pipeline X
- Threat of Veto
Obama 4 threat veto’s
- Commander in Chief
- Executive orders to bypass formal legislation
Trump 2017 travel ban
Judiciary checks
- Appoints judges
- Pardons
Congressional checks on the President and Judiciary
Presidential Checks
- Override presidential veto
Trump 2021 defense spending bill
- Threat of senate rejection
- Senate confirmation
- Power of the purse
2018 Trump Mexico Wall
- Decline to pass legislation
- Impeachment
Trump 2019, 2021
- Block Treaties
1999 Nuclear Test Ban treaty
Judicial Checks
- Initiate amendment to override Supreme Court verdict
Judicial checks on the Congress and President
President
- Declare presidential actions unconstitutional
Court ruled against Bush military commissions
Congress
- Defense Marriage act unconstitutional
Formal amendment of the US Constitution
Route 1
- 2/3 of HOR and Senate then 3/4 of all states must ratify
Route 2
- 2/3 states constitutional convention then 3/4 of all states must ratify
How significant is the principle of the separation of powers in the US Constitution?
Very Significant
- No person can serve in 2 branches at the same time.
Hilary resigned when appointed as secretary of state
- Each branch is checked and limited
- Helps to keep judiciary independent
- Prevents 1 branch from having too much powers
Less Significant
- VP has the tie braking vote
- Unified government has lots of power
- Judiciary politicized
- Presidents have pardons
Is US constitution too hard to amend?
Yes
- Only 27 amendments in 200yrs
- Contains outdated sections
Electoral college
- Prevents Constitution from being updated in ares like rights
- No national convention ever been held
- Too much amendment happens by Supreme Court
No
- High thresholds means there is widespread agreement
- Supreme court listens to the public
- Many group rights protected by federal laws
- Some issues can be fixed without amendments
Failed Amendments
1972
- Equal Right Amendment 35/38 states
2005-2006
- Flag Desecration Senate 1 vote short
Bill of Rights
- Freedom of Expression
- Right to Bear Arms
- Quartering Soldiers: Prohibits forcing people to house soldiers.
- Search and Seizure: Requires warrants for searches.
- Protects against self-incrimination.
- Right to a Fair Trial.
- Guarantees a jury trial in civil cases involving significant amounts of money.
- Cruel and Unusual Punishment.
- Rights Retained by the People.
- States Rights: Powers not given to the federal government are reserved for the states or the people.
Power between states and federal government
States can
- Legislate in wide range of areas. E.g. abortion laws
- Decide if death penalty is allowed
- Elections, electoral system
Parts in the Constitution that are particularly problematic
- Small Vs Large states
50% of senators elected by 16% of population - Electoral College
Undemocratic, small states too much power, failed 2 times since 2000 - No war declared since 1945
- 2nd Amendment Bill of Rights
- Midterm elections
