Constitution

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Why did the US resent the UK?
1764 Sugar Tax and 1764 Currency Act (banned printing money)
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When was the Continental Congress formed?
1774
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What year was independence?
1776
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When were the Articles of Confederation written?
1781
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Main problems?
States had own tariffs, currency and Congress couldn't collect taxes. No central leadership, largely ignored by states
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What was the representation like?
All states had one vote
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What does an anti-federalist want?
Strong state government (as opposed to strong federal gov)
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Where was the constitution created?
At the 1787 Philadelphia Convention
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How did the new Congress solve the problems of the old one?
Can impose and collect tax, print and regulate money and regulate interstate tariffs
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Who defeated the constitution first time? What does this show?
New Hampshire and Rhode Island - concerned about new strength of federal gov
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What did the amendments add to the constitution?
Rights reserved to the people - entrenched
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How does an amendment pass?
2/3 majority in both houses to propose and then 3/4 of states
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Who proposed the amendments? How many?
James Madison proposed 20 - 12 passed Congress then the states approved of 10
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How does the UK's judiciary compare to US?
It's much weaker - no codified constitution, parliament is sovereign so cannot declare laws unconstitutional
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What's limited government?
Governments powers over citizens should be limited and restricted to those in the constitution
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What part of the constitution means the President must share information with Congress?
A2S3 - State of the Union Address
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What is the State of the Union Address?
In late January, the President tells Congress the state of the country and highlights bills they wish to pass
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Why can't the President vote on bills?
Separation of powers ensures separation of powers
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When is personnel not totally separate?
Vice President is 'President of Senate' (has deciding vote) and President can pardon (which is overlap of Judicial)
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What overrides a Presidential veto?
2/3 majority in Congress
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When was Bush's veto overturned?
2008 - Tried to veto Medicare improvements but congress overturned
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How can Congress pressure the executive?
Power of the purse in A1 - can cut funds
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When did Congress cut off foreign funds?
1974 cut money to Vietnam - forced Executive to end Vietnam war
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What check and balance is on the SC rulings?
Congress can make an amendment, President can pardon for crimes (restores rights to vote, bear arms and jury duty)
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How are presidential nominations 'checked'?
All need a simple Senate majority
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Who needs Senate approval?
Ambassadors, cabinet members, SC justices, head of agencies
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How many of the P's nominations are approved?
About 1,000 of 7,000
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When did VP Pence have to cast a deciding vote in the Senate?
Betsy DeVos - Feb 2017
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How does impeachment work in Congress?
House needs a simple majority to impeach (accuse) - Senate do the trial and vote, need 2/3 majority to remove
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Who was the last President to be impeached and when/why?
Clinton in 1998, lied under oath. Republican house impeached by Senate cleared him
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What is the President's role in foreign policy?
Commander in Chief (of armed forces)
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What does Congress do in relation to war?
They declare it (though not since WW2 - loopholes)
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What is the process for treaties?
President negotiates, Senate must ratify with 2/3 majority
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What is the Advice and Consent clause?
A2S2 - confirm P's actions
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What is federalism?
Power divided between state and federal government, established by the constitution
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Where is power in the UK?
Centralised - arguably quasi-federal from devolved powers
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What are federal powers?
Enumerated/delegated - Collect taxes, army & navy, interstate commerce, currency, federal courts and declare war
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What are state powers?
Reserved powers - Anything not allocated to the fed gov (10th amendment)
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What are concurrent powers?
Both state and federal have to power - collect/levy tax, establish courts, set punishments
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What's the supremacy clause?
A6C2 - fed laws superior
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What is the expansion of executive departments?
From 3 in 1787 (State, War, Treasury) to 15 now (education, energy...)
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Where do the Federal gov's implied powers come from?
Necessary and Proper Clause (A1S8), also the elastic clause as powers can be expanded to anything necessary to complete enumerated powers
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What's an example of A1S8 being upheld in the SC?
McCulloch v. Maryland 1819
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What's the Commerce Clause number?
A1S8 (same place as necessary and proper)
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What's horizontal federalism?
Across the states
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What's the 'Full Faith and Credit' Clause?
A4C1 - states are bound by each other's laws and judiciary (divorces, debts, fines)
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What was the SC ruling in 1939 regarding A4C1?
Don't have to abandon own laws, just acknowledge other states
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What was dual federalism?
Largely separate govs at state and federal level. 1789 to 1937
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What's nullification?
The idea states can nullify federal laws as they created them and delegated power
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Where do the 13th, 14th and 15th amendments stem from?
The Civil War, they were created afterwards to ban slavery and ensure rights
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What was the huge change in contact with the federal government for Americans over the 1930s?
Went from just post-office to over 30% receiving federal benefits
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How many banks go bankrupt in Wall Street Crash?
4000
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What's unemployment in 1933?
25%
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How did Roosevelt win the election?
Would intervene with federal welfare help (Hoover wanted to leave to states)
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What's a 'grants-in-aid'?
Federal money to states
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Matching grants?
States are matched, so give more and get more
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Categorical grants?
Conditions/regulations they must meet to receive money
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How many grants did Johnson implement in the 60s?
More than ever existed
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When was Medicare and Medicaid created?
1965
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What's coercive federalism?
Huge grants but faced with rules
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What's an unfunded mandate?
Give states new regulations that will cost them, but don't give the funds (1963 Clean Air Act)
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What's new federalism?
A reaction to the expanding federal government, Nixon and Reagan give block grants to give states more freedom
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What's a block grant?
No rules, more freedom for spending to states (still for particular purpose though)
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Who intended to continue New Federalism but couldn't?
Bush in 2001 to 2009... War on Terror lead to expansion (department of Homeland Security) and 'No Child Left Behind'
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From what time did the SC not strike down commerce clause cases, allowing huge expansion of fed gov?
1937 to 1995
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How much did Bush give to bail out banks?
$700 billion
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What was Obama's 2009 stimulus package?
'Recovery and Reinvestment Act' gives $787billion to fix economy
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What healthcare does the UK have?
Universal healthcare - paid through taxes
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Whats individual mandate within Obamacare?
Penalty fine if you don't have health insurance (encourages younger, healthier people)
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What precedent does the SC change in 2012?
Against 1987 - grants with conditions now considered forced upon states. 20 States refuse medicaid expansion creating coverage gap
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Also in 2012 that upholds individual mandate?
Rules it is allowed as a 'tax levy' even though Obama said not a tax
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How are states labatories for democracy?
State laws can be changed - see if they may work in others or nationally
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How many amendments over 200+ years?
17 (since 10 of Bill of Rights)
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A recent amendment to fail?
2003 School Prayer
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When/how did the Equal Rights Amendment fail?
1972 - cannot discriminate by sex - passed both houses but only got 35 of 38
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What has the country grown by since 1787?
13 to 50 states, and the population is 100x bigger
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Why is it a strength that the constitution is so hard to amend?
Protects the entrenched rights from being taken away, and helps stop bad amendments (need such widespread support)
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How is the constitution flexible, ignoring the amendment process?
Necessary and Proper clause (A1S8) expands federal gov, different judicial interpretations to apply to time, Bill of Rights expanded to states without changing constitution, unwritten conventions (cabinet been formed)
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Why can judicial interpretation allow flexibility?
Vague wording is open for interpretation, it's a 'living document' so can adapt to society (Plessy to Brown) - creation of right to privacy for un-mentioned abortion
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Why was the 2 term limit created?
Had been a convention that P would only have 2 terms, then Roosevelt broke it so the 22nd was created to put it in the constitution
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Other cards in this set

Card 2

Front

When was the Continental Congress formed?

Back

1774

Card 3

Front

What year was independence?

Back

Preview of the front of card 3

Card 4

Front

When were the Articles of Confederation written?

Back

Preview of the front of card 4

Card 5

Front

Main problems?

Back

Preview of the front of card 5
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