USA + UK comparison - the constitution Flashcards
What is a recent example of someone using their freedom of speech (1st amendment) to protest? USA
Colin Kapernick, NFL star who refused to pledge allegiance the flag as it represented the 13 states which supported slavery.
What is a recent example of someone using their right to protest? UK
Rashford, No To Racism campaign in prem. Zaha, refusing to bend the knee for BLM as it was demeaning.
What are the cultural differences of the US and UK constitutions?
USA set up after a war UK evolved over time, USA separation of church and government (arguably), right to keep and bear arms, USA state freedom is vital, USA has a president which is elected UK heads of state are not elected.
What are the structural differences of the US and UK constitutions?
USA codified UK is not, USA law is entrenched UK is not, USA single easily accessible document UK many different sources, USA constitutional sovereignty + federalism UK parliamentary sovereignty, USA supreme court more powers given by founding fathers (intended as an umpire for state and federal govs).
What are the similarities of the US and UK constituions?
3 branches of government however UK has fused branches, (statute law, common law, Cabinet Manual and authoritative texts all codified), Amendment processes to change laws (USA harder however).
What are the similarities of the US and UK constituions? (2)
Bill of Rights 1791 / Human Rights Act 1998, Changed over time (27 amendments eg. FDR served 4 terms then a limit 1951 23nd amendment), 2 chambers however THOL unelected, devolution/federalism.
What was the Philadelphia Convention?
Created the first written constitution for any nation in the world. 55 delegates met May 25th - Sept 17th 1787. 3 branches of power but designing them was tricky. Washington elected as first president.
What are constitutional rights?
Rights that place legal limits on the state authorities over the people. eg Freedom of speech 1st amendment
name 6 of the 12 founding fathers
Washington, John Adams, Benjamin Franklin, James Madison, George Mason, Jefferson.
What is the Bill of Rights 1791?
The first 10 amendments to the US constitution
What were the articles of confederation?
Written document that established the functions of the us government after it declared independence
what were some of the issues with the articles of confederation?
legislature problems (1 vote per state, all 13 must agree to an amendment), ‘confederation’ but power was with the states (could make their own judiciaries, delegates could not be arrested), contradictions (article 4 stating all citizens of every state have the same rights but there was 3/5 rule of 1783)
What rebellions made Americans realise that TAOC were not providing a strong enough national government?
Shay’s rebellion (1786) and The Pennsylvania mutiny of 400 continental army soldiers (1783)
When did the founding fathers create the constitution?
1787
What two plans did were put forward to tackle the disproportionate voting system?
The Virginia Plan
New Jersey plan
What was James Madison’s 1787 Virginia Plan?
Bicameral legislature (two houses) and proportional representation.
What was William Patterson’s 1787 New Jersey Plan?
Unicameral legislature in which each state gets one vote. (minimal changes from TAOC)
What did the Virginia and New Jersey Plans lead to?
The Connecticut Compromise (a bicameral system with different types of representation) to satisfy both states and government.
What has congress got the power to do? 3 examples
power to declare war, lay and collect taxes, regulate commerce with foreign nations.
What is congress prohibited from doing? 3 examples
section 9: No title of nobility may be granted by the USA, No money shall be drawn from the treasury, no interstate tax
How old should a senator be?
30+
Where in the constitution does it talk about the 3/5 rule?
Article 1 section 2, slaves were 3/5 of a free person for tax purposes
how many amendments have there been overall?
27 amendments, first 10 Bill of Rights
Why was the BOR introduced?
George Mason wrote Virginia Declaration of Rights in 1776 - drew on enlightenment ideals of “all men created equal” and natural rights should be guaranteed in law.
Why was George Mason anti-federalist?
worried a national government would undermine the liberties Americans fought for in the War of Independence - Bill of Rights enshrined the rights of the people so national government wouldn’t be to powerful.
What does article 3 deal with?
the supreme court and judicial power.
When did the declaration of independence occur?
4th July 1776
how many delegates were there at the national convention 1787?
55
difference between federalists and anti federalists?
federalists wanted government power, anti wanted states power
