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USA - Constitution Flashcards

1
Q

What were the articles of confederation?

A

Document which officially recognised the continental congress and acted as the 1st US Constitution. Made in 1776-7, failed and was replaced.

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2
Q

Essentially, what were the Townshend Acts (1767) and Tea Act (1773)?

A

“No taxation without representation”

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3
Q

What were the main problems with the articles of confederation?

A
  1. Congress had no power to regulate trade between the states or with other countries.
  2. Congress had no power to collect taxes.
  3. Lack of leadership and no judicial branch (only legislative).
  4. Legislative issues - each state has one vote, not dependent on size therefore unfair.

*Rhode island and New Hampshire rejected it at first.

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4
Q

What happened at the Philadelphia convention in 1787?

A
  • 55 delegates met to produce a new constitution for the states.
  • The “founding fathers” would write a codified constitution which strengthened congress, and created all 3 branches of government.
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5
Q

What is the difference between Federalism and Anti-federalism

A

Federalism: Want a stronger federal gov (Left/Democrats)

Anti-federalism: Want stronger central or state gov (Right/Republicans)

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6
Q

Describe the Connecticut compromise

A

A bicameral legislature was introduced where States were represented equally and by population size.

Smallest states are not left unheard as every state has 2 senates, HOR is proportional to population.

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7
Q

How can a constitutional amendment be proposed?

A

It has to be supported by 2/3 of Congress - SUPERMAJORITY.

OR

2/3 of state legislatures call for a national convention to propose amendments - NEVER BEEN USED.

It is then ratified.

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8
Q

How are constitutional amendments ratified?

A

Must be ratified by at least 3/4 of state legislatures.

OR

State constitution convention (only used once for the 21st amendment).

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9
Q

What is the bill of rights?

A

The first 10 amendments of the constitution. These include:

  1. Freedom of religion, speech, assembly and petition.
  2. Right to bear arms
  3. Housing of soldiers
  4. Protection from unreasonable searches and seizures
  5. Protection of rights
  6. The rights of those accused of committing a crime
  7. Rights in civil cases
  8. Excessive bail/fines + forbidden punishments
  9. Other rights kept by the people
  10. Reserved powers
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10
Q

What are the main themes of the constitution?

A
  • Democracy>Dictatorship
  • No excessive taxation
  • Federalism / Separation of powers
  • Checks + balances
  • Preservation of rights

*Republican document? (No monarchs)

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11
Q

How is the separation of powers evident in the US?

A

Members of congress (legislative branch) must resign before joining the executive branch, and therefore can no longer vote on legislation.
Eg. January 2009, Obama resigned from the Senate to become President.

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12
Q

How is power over legislation divided between the President and Congress?

A
  • Due to article 2, section 3 - state of the union address.
  • President proposes a bill and pressures congress. Congress must pass bill in both chambers. President must sign/veto the bill. However congress can override veto with a supermajority.
  • Eg. 2008 George Bush
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13
Q

What checks and balances exist between Supreme Court, Congress and the President?

A
  • Supreme Court can strike down congress legislation. Eg. Pollock v Farmers loan and trust go (1895).
  • Supreme Court can declare actions of the Executive or Legislative unconstitutional.

~Congress can amend the constitution so that a law is no longer ‘unconstitutional’. (Eg. Education reform bill, 2001).
~Congress can withhold funding from the executive.
~Congress can impeach judges or president and remove them from office. Eg. Bill Clinton.
~Congress can reject appointments nominated by the president (eg. Robert Bork, 1987)
~Congress can override presidential veto (eg. 4/11 of Bush’s)

  • Executive can appoint federal judges.
  • Executive can grant pardons to federal offenders (eg. Ford pardoned predecessor Nixon for Watergate).
  • Executive can propose/veto laws (eg. Bush vetoed 11 times during his 8 years, 7 were successful).
  • Executive can negotiate foreign treaties.
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14
Q

Define: Presidential pardon

A

President can forgive a person of a crime/those convicted in court - restored rights they’ve previously lost.

Eg. Obama and some Guantanamo Bay prisoners

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15
Q

How do Americans hold representatives accountable?

A

They can directly elect local representatives, unlike the UK.
Representatives stand for 2years and Senates for 6, the electoral college then determines the President and Vice President.

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16
Q

Define: Impeach

A

To charge with misconduct, Senates hold the trial whilst HOR propose.

Eg. In 1998 Bill Clinton was impeached for perjury and obstruction of justice. However he was not found guilty!

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17
Q

How is influence over foreign policy divided by the constitution?

A

Constitution divides war powers. President is the commander and chief of armed forces whereas Congress has the power to declare war.

Divided formation of treaties with other nations. President represents internationally and negotiates whereas Congress ratifies treaties with a supermajority in Senate.

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18
Q

Define: Ratify

A

To give formal consent (to a treaty, contract or agreement) to make it officially valid.

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19
Q

What are enumerated (delegated) powers?

A

Article 1, section 8: listed powers which are theoretically the power of the federal gov.
Eg. Collect taxes, borrow money, declare war, establish federal courts, raise and maintain an army/navy.

*In light of the constitution, the 13 colonies ‘gave up’ these powers to the newly federal gov.

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20
Q

What are reserved powers?

A

Powers that are given to the state as they’re not mentioned in the delegates powers.

Eg. States sales tax

*10th amendment

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21
Q

What are concurrent powers?

A

Powers which belong to both the federal gov and states.

Eg. Define crimes and set punishments.

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22
Q

What are the prohibited/denied powers? (Give examples)

A

Federal gov: cannot suspend habeas corpus, tax goods exported by states, pass laws that favour one state other another, award titles of nobility.

States: cannot enter treaty/alliance, coin money, tax imports/exports, keep an army without consent of Congress.

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23
Q

What is established by the SUPREMACY CLAUSE?

A

Article 6, clause 8: Federal law is supreme over state law.

Therefore any conflicting state law shall be replaced.

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24
Q

What is the necessary and proper clause (elastic clause)?

A

Article 1, section 8: Implied powers.
Congress has the power to make all laws necessary and proper for carrying into execution the foregoing powers. Powers of the federal gov can be stretched with enough justification.

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25
Q

How did ‘McCulloch v Maryland (1819)’ demonstrate implied powers?

A

Maryland law required the bank of the US to pay a tax, which it refused to pay.
SC had to determine whether Congress had the power to establish a bank or if the state had the power to tax it.
SC ruled it necessary and proper for Congress to do so, in order to carry out its enumerated powers (regulate commerce).

26
Q

What is the Commerce Clause?

A

Article 1, section 8: “To regulate commerce with foreign nations, and among several states, and with the Indian tribes”.
Implied that Congress has the power to set a minimum wage, ban discrimination in the workplace, etc.

27
Q

What are the Full Faith and Credit Clause?

A

Article 4, section 1: Every state should recognise the laws and proceedings of other states. Bonds to other states, which can be limiting.

Eg. If divorced in one state, other states would have to give ‘full faith and credit’ to this.

28
Q

Give an example of when the SC failed to protect the civil rights of a minority group

A 
Plessy v Ferguson 1896. 
Homer Plessy (1/8th black) arrested for sitting on the White railroad car in Louisiana. 
The Court decided that there could be segregation as long as it was of equal standards (majority - whites - wanted it therefore their will is respected).
29
Q

How did the SC revise their decision in the Plessy v Ferguson case?

A

Brown v Board of education 1954.
Dismantled the segregation that was allowed in the Plessy case, 58 years later.
The case showed that segregation laws were a violation under the equal protection clause.

30
Q

What is meant by dual-federalism?

A
  • The federal gov has some enumerated powers which are separate to the states reserved powers.
  • Aka layer cake - separate layers of the cake represents federal and state, little overlap.
  • Usually the state exercises the most political power, federal gov is limited to mainly war issues.
31
Q

Why did some states believe they could nullify federal laws?

A

Some states believed that some federal laws were unconstitutional, so as part of their constitutional rights they could declare a law to be null and void.

Eg. S.Carolina and the 1838 tariff law.

32
Q

Why were the southern and northern states found to be more different in the past?

A

SLAVERY. Northern states were more industrialised/urbanised so gradually phased slavery. Whereas southern states were more agricultural based -reliant upon slave labour.

33
Q

What crises helped lead to the Great Depression?

A

Wall Street crash 1921. Shares dropped (24th October and 29th October).

34
Q

What is meant by cooperative federalism?

A
  • Distinctions between federal and state responsibilities are less clear, greater overlap between roles.
  • Aka marble cake federalism.
  • 1930s-1960s: caused by Great Depression + Wall Street crash
  • Large increase in categorical grants - Roosevelt, LBJ.
  • New departments created - Eg. Transportation
35
Q

What are the differences between grants-in-aid, matching grants and categorical grants?

A

Grants-in-aid: Federal gov gave money to state gov (after the Great Depression).
• Matching grants; where states would receive more money if they contributed more themselves.
• Categorical grants; Federal gov gives money to state but for a specific purpose, and sets regulations/standards that the states must meet.

36
Q

What is the conservative view on the constitution? (REPUBLICANS)

A

• Modern Conservatives share the objections made by antifederalists - the growth of government has eroded liberty.
• Since the 1960s, SC has interpreted the 4th, 5th, 6th and 8th amendment to strengthen the rights of suspects/convicted criminals - weakening the law-enforcement authorities. Conservatives disapprove of this.
—-
• To improve the constitution: limit the size of federal gov, Bill of rights should protect the law-abiding citizens and not the law breakers, promote moral behaviour - prohibit abortion and same-sex marriage.

37
Q

What is the liberal view on the constitution? (DEMOCRATS)

A

Modern liberals can be seen as heirs to the Federalist of the 1780s - great emphasis on the beneficial role of gov.
Share of powers as everyone is equal under the law, equality of opportunity to deal with social inequality. The new deal supports this.
—-
Protects the status quo, main interests in property and capital - change is difficult to bring about, many processes lead to gridlock.
Lack of accountability in the system, power is distributed so much that responsibility is easy to evade.
Allows the erosion of Civil Liberties during periods of emergency, courts slow/unwilling to intervene.

38
Q

What is the historical background to the constitution?

A

The Constitution was drawn up at the constitutional convention of 1787.
Before the American Revolution in the 1770s America was a British colony, the revolution occurred due to the oppressive behaviour of the British government.
The declaration of independence in 1776 rejected the British monarchy and Parliament, and claimed the sovereignty of a new nation.

39
Q

Define: Separation of powers

A

A theory of government whereby political power is distributed among 3 branches of government, independently and interdependently.
• The legislature (Congress makes the laws)
• The executive (President carries out the laws)
• The judiciary (Supreme Court enforces and interprets the laws.)

40
Q

Give 4 reasons as to why the constitution has been rarely amended

A
  1. Founding fathers deliberately created a difficult amendment process (need of 2/3 supermajority).
  2. Constitution is vague so can easily evolve into new meanings, without formal amendment.
  3. SCs power of judicial review allows the amendment of the constitution without actually changing its words.
  4. Great reverence surrounding the constitution, politicians are cautious when it comes to tampering with it.
41
Q

Define: Federalism

A

A system of government by which political power is divided between the national government and state governments, each having their own areas of substantive jurisdiction.

The basic principle of Federalism is fixed in the 10th amendment, although it is not explicitly stated in the constitution.

E.g. The central government has exclusive powers such as to declare war, but individual states can define crime and punishment.

42
Q

What events/programmes were in favour of federalism (stronger central gov)?

A

• The Great Depression/Wall street crash
• The new deal
• The great society
• Medicare and Obamacare
• The ‘no child left behind’ legislation
*Usually in domestic crises (eg. Huge debt/war).

During the late 19th century and first two thirds of the 20th century the role of the federal government increased.

43
Q

What events/programmes were against federalism (stronger state gov)?

A
  • New federalism
  • Block grants

During the final third of the 20th century there was a distinctive move of power in the opposite direction towards States.

44
Q

What factors have led to the development/evolution of federalism?

A

~Westward expansion (13 colonies to 50)
~The growth in population
~Industrialisation (needs gov. regulation)
~Improvements in communication - road/rail/air/post/phones/TV/e-mail/etc…
~Events (such as Great Depression and 9/11)
~Americas foreign policy role/world-power status (after Second World War)

45
Q

Explain why under George W.Bush, despite being a republican, the role of federal government increased.

A
  1. The war in Iraq
  2. Homeland security issues following 9/11
  3. The expansion of the Medicare programme
  4. The no child left behind act (2001)
  5. The Wall Street and banking collapse (took control of 2 large/expensive mortgage companies)

Aka. Big-government conservatism, he also failed to use a single veto in his first term. He increased gov. spending by 33% in his first term.

46
Q

Define: Horizontal federalism

A

Interactions and common programs among the 50 states.

47
Q

Describe The New Deal

A
  • (3 new deals) proposed by FDR
  • Proposed in the 1930s to solve the aftermath of the 1929 Wall Street crash.
  • 3 R’s: Relief (for unemployed/poor), Recovery (of the economy) and Reform (of the financial system).
48
Q

Describe The Great Society

A
  • Proposed by LBJ.
  • The war on want (poverty/racial injustice)
  • Includes civil rights act and voting rights - for all citizens (including blacks).
49
Q

What are the origins of federalism?

A

The founding fathers were dedicated to the concept of limited gov.
They were convinced that governmental power was a threat to individual liberty and therefore must be restrained via federalism.
Eg. Separation of powers + checks and balances

50
Q

Describe New Federalism

A
  • 1970s-2000s
  • Rise in grants (money from federal gov to the states to use within policy areas).
  • Decentralised power - Nixon, Ford, Reagan and Bush pushed this.
  • Because federal gov failed to tackle social issues (drug use, abortion, crimes), therefore there was a growing distrust of ‘Washington politicians’.
51
Q

What are the 4 consequences of Federalism?

A
  • Legal consequences - laws differ between states (eg. Death penalty)
  • Political consequences - each state has different electoral methods (eg. Montana is 100% postal ballot)
  • Economic consequences - complex tax system (eg. Property tax differs between states)
  • Regionalism - very distinct cultures in different regions of the country
52
Q

What is the USA Patriot Act (2001)?

A

Range of powers given to law-enforcement agencies for the purposes of fighting terrorism.

Impinges on civil liberties, extensive powers given to FBI. Guantanamo bay detainees are without proper trial.

53
Q

Define: civil liberties

A

The rights of citizens to political and social freedom and equality.

54
Q

Describe Hamdan v Rumsfeld (2006)

A

Supreme Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay, lack ‘the power to proceed because it’s structures and procedures violate Article 3 of the constitution.

55
Q

Describe Miranda v Arizona (1966)

A

Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

56
Q

Key Declaration of Independence quote

A

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and pursuit of happiness”.

57
Q

In what ways does the constitution prevent the ‘tyranny of the majority’?

A
  • Implied Federalism
  • Connecticut compromise
  • Separation of Powers (no overlap of personnel)
  • Checks + Balances
  • Need for supermajorities on constitutional amendments
  • Role of the Supreme Court to interpret constitution
58
Q

What are the advantages and disadvantages of federalism?

A

• States are better able to tackle social issues as they are closer to the people. More efficient.
• Protection against tyranny - power is divided between individuals, e.g. No overlap of personnel.
• Increases citizen participation as decisions are left to the people, not centralised in one place.
—
• When some issues are left to states, injustice can occur, e.g. Slavery and segregation. Hard for national gov to intervene.
• Individual states have the ability to block nationalist policies which will apply to all the states.

59
Q

How effectively has the BOR been upheld?

A
  • Effectiveness often depends on ideological perspective, e.g. liberals argue that the 2nd amendment rights to gun ownership have been upheld too effectively. Heller and MacDonald.
  • These rights need to be enforced through the political system, most importantly by the courts.
60
Q

How flexible is the constitution of the USA?

A
  • Vague document so room for interpretation, e.g. 8th amendment - no cruel and unusual punishments. Highly controversial, especially in terms of Guantanamo bay.
  • FFs intended it to be flexible through its ambiguity. This ensures consensus politics and avoids dictatorship. E.g. Overturn of Plessy v Feeguson ruling in Brown v BOE.
  • Difficult amendment process (describe), only 27 successful. However this could be due to increasing polarisation and bipartisanship.
  • Not all amendments struggle to pass.
61
Q

How far was New Federalism successful in achieving its objective?

A
  • Increased use under successive presidents from Nixon onwards of financial measures, such as block grants and general revenue sharing, gave greater independence to the states.
  • The Unfunded Mandates and Welfare Reform Acts signed by President Clinton placed restrictions on the federal government and returned significant powers to the states.
  • Cases such as US v Lopez re-affirmed the constitutional role of the states.
62
Q

Arguably, how has the federal governments influence over the states increased since 2008?

A

States continue to exercise a considerable degree of independence from the gov, such as:

  • Same sex marriage; the states’ rights to determine own marriage laws was upheld in US v Windsor.
  • Voting rights; some are postal-ballot
  • Drug use; 4 states have now legalised the recreational use of cannabis in defiance of federal law.

Federal gov has expanded over states through:

  • Education; Obama’s ‘race to the top’ programme has given states a financial incentive to adopt the ‘Common core’ educational standards.
  • Health insurance; Affordable Care Act requires states to run health insurance exchanges.
  • Immigration; Federal gov has sought to stop some states enacting their own immigration legislation. E.g. Arizona v US

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