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Flashcards in Constitution Deck (51)
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1
Q

How many colonies were there initially?

A

13

2
Q

When was the war of independence?

A

1776-83

3
Q

When were the Articles of Confederation signed?

A

1781

4
Q

What is a Confederacy?

A

Loose associated of states where all political power rests with the states

5
Q

What were the 3 compromises of the Constitution?

A

Choose the President
Representation of the States
Form of Government

6
Q

What the Constitution compromise regarding representation?

A

Small states = equal representation - senate

Large states = proportional representation - House

7
Q

What is a codified constitution?

A

One that sets out certain powers possessed by the National Government, leaving all other power to the states or the people. Deliberately complicated and demanding amendment process

8
Q

What are the 2 deliberately vague clauses?

A

Congress is allowed to
‘provide for common defence and general welfare of the US’
‘make all laws that are necessary and proper’

9
Q

Give 3 examples of political processes/organisations that aren’t mentioned in the Constitution

A
  • presidential primaries
  • congressional committees
  • presidents cabinet
10
Q

What are the 3 branches of government?

A

Legislature - Congress
Executive - President
Judiciary - Supreme Court

11
Q

What is Separation of Powers?

A

The idea that political power is distributed among the branches, which act independently and interdependently

12
Q

Give an example of separation of personnel?

A

Biden and Clinton resigned from the Senate in 2009

13
Q

Checks by the executive on the legislative (2)

A

Recommend legislation - by the State of the Union address

Veto legislation - President can veto legislation passed by Congress

14
Q

How many vetoes did Clinton use?

A

36

15
Q

Checks by the executive on the judiciary? (2)

A

Appoints all judges to trial, appeal and Supreme courts

Power of Pardon - Ford pardoned Nixon in 1974

16
Q

Checks by the legislature on the executive (5)

A
  • Congress can amend, delay or reject legislation
  • Congress can override the Presidents veto with a 2/3s majority
  • Control the budget, can limit the Presidents actions by this
  • Senate confirms many executive appointments and all judicial appointments
  • Impeachment
17
Q

How does Congress impeach an official?

A

House impeached by a simple majority

Senate holds trial

18
Q

Checks by the legislature on the judiciary? (3)

A

Power of impeachment of a judicial member
Can propose constitutional amendments that can overturn a SC decision - 16th amendment to allow Congress to levy income tax
Senate has power to confirm presidential appointments to the judiciary

19
Q

Checks by the Judiciary on the legislature (1)

A

Judicial review

- declare acts of Congress unconstitutional and therefore null and void

20
Q

Give an example of legislation being deemed unconstitutional

A

2012 Obamacare was ruled constitutional, but a clause that made healthcare insurance compulsory was deemed unconstitutional

21
Q

Check by the Judiciary on the executive

A

Judicial review, deem any action of an executive official unconstitutional

2006 deemed actions of Guantanamo Bay unconstitutional

22
Q

When was the last time the Senate rejected a treaty from its own party?

A

1935

23
Q

What do checks and balances promote?

A

Bipartisanship and compromise between the President and Congress.
Congress is most effective when there is a bipartisan approach

24
Q

What is Federalism

A

Theory of government where political power is divided between a national government and state governments, each having their own area of substantive jurisdiction.

25
Q

What has led to the development of federalism and the role of federal government? (6)

A
Westward expansion
Improvements in communication
Growth of population
Industrialisation
Foreign policy
Constitutional amendments
26
Q

How does the Constitution influence federalism? (3)

A
  • Gives exclusive powers to the national government.
    eg. Coin money, negotiate treaties
  • Guarantees state rights
    eg. Equal representation in Congress
  • States responsibilities
    Eg. Return fugitives to other states
27
Q

What were the 4 key areas that affected federalism under George W Bush

A

Education
Healthcare
Economy
Homeland Security

28
Q

What did Bush do with education?

A

No Child Left Behind Act

  • created uniform national tests
  • moved children from failing schools
29
Q

What did Bush do with healthcare?

A

Expanded Medicare in 2003.

  • previously introduced by President Johnson
  • federal healthcare programme for the elderly
30
Q

What did Bush do with the economy?

A

$700 million bail out package for Wall Street

Bought Fannie Mae and Freddie Mac to prevent the collapse of the mortgage companies

31
Q

How did Department of Defence spending increase between 2001 and 2009

A

$290 million

$651 million

32
Q

How did federalism change under Obama

A

More power to the states
Highest ratio of state government to federal government employees since the 1930s
More money to the states
- $20 billion in Bushs stimulus package
- $246 billion in Obamas stimulus package
Healthcare reform package

33
Q

Consequences of Federalism (5)

A

Legal - huge variety in states laws eg. Abortion
Political - elections state based, have different laws on how candidates are chosen
Regionalism - different cultures and accents, racial and ideological differences
Policy - states can experiment on new solutions
Political parties - regionalised

34
Q

What is an example of attempting a new policy in a state?

A

107th Proposition in Arizona virtually banned affirmative action (2010)

35
Q

Outline the first 3 articles of the Constitution?

A

1 - legislature, including the powers of Congress
2 - executive, including the powers of the Presidency
3 - judiciary, setting out a new Supreme Court

36
Q

How can a constitutional amendment be proposed? (2)

A

Congress - 2/3s majority in both houses

National Constituional Convention - 2/3s of the states

37
Q

How can a constitutional amendment be ratified? (2)

A
  • State legislatures - 3/4s of the states

- State Constitutional Convention - 3/4s of the states

38
Q

What is the only amendment that the State Constitutional Convention has ratified?

A

18th amendment, which repealed prohibition of alcohol, the 16th amendment

39
Q

How many amendments have been proposed, and how many have been ratified?

A

33, 27

40
Q

What constitutional amendment failed to be ratified in 1972

A

Equal Rights for Women, fell 3 short of the 3/4s necessary

41
Q

How many times did Flag Desecration amendment fail in Senate?

A

6, despite passing in Congress each time. Rejected in 2006 in Senate by just one vote short (66-34)

42
Q

Why has the Constitution been amended so rarely? (4)

A

Founding fathers made it deliberately difficult
Founding fathers created a vague document that can evolve naturally
Judicial review allows the Supreme Court to amend the meaning without formal amendments
The high regard with which its held makes politicians cautious to tamper or change it

43
Q

What are Constitutional rights

A

Rights guaranteed by the Constitution, principally in the Bill of Rights, but also in subsequent amendments

44
Q

How do the 3 branches protect constitutional rights?

A

Congress - passes laws to enhance such rights
Executive - ensures Congresses laws are implemented
Judiciary - safeguards the rights through judicial review

45
Q

2 ineffective SC decisions in protecting Constitutional rights

A

1857 Dred Soctt vs Sandford - blacks couldn’t become US citizens so weren’t entitled to rights of citizenship
1896 Plessy vs Ferguson - maintained segregation on transport, by the ‘separate but equal’ clause

46
Q

3 contentious SC decisions

A

Roe vs Wade - guaranteed Abortion rights for women
- doesn’t guarantee rights for the unborn baby

District of Colombia vs Heller - guaranteed an individual’s rights to guns
- doesn’t protect citizens from gun crime and violence

Brown vs Board of Education - guarantees rights of racial minorities

47
Q

When was the Bill of Rights ratified?

A

1791

48
Q

What were the 13/14/15th amendments relating to?

A

Abolition of slavery

49
Q

What was the 22nd amendment

A

Limited the President to a maximum of two terms in office

50
Q

Does the US constitution still work? (5Y)

A

Federalism proved to be a great compromise
Rights and liberties protected
Demanding amendment prevents ill conceived amendments
Judicial review makes it more adaptable through interpretation
Vague text has been effective

51
Q

Does the US constitution still work? (4N)

A

Amendment process is too long
Some parts are out of date
Power of judicial review gives too much power to judges
Constitution is too negative, giving obstructions too much power