The Constitution

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What is a codified constitution?
A constitution that consists of a full and authoritative set of rules written down in a single text
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What is not found in the Constitution?
Presidential primaries, congressional committees, president's cabinet, Executive Office of the President, Supreme Court's power of judicial review
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What is a unitary form of government?
Political power rests with one central/national government
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What is a confederal form of government?
Virtually all political power rests with the individual states
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What is a federal form of government?
Some powers rests with the national government and some with the states
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What was the idea from the FF with regards to the 3 branches of politics?
Be independent yet co-equal, be separate in terms of personnel, operate checks and balances on each other, promote limited government
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What checks does the legislature have on the executive?
Amend/reject/delay president's legislation, override presidents veto, control budget, confirm/deny appointments, ratify treaties, declare war, impeachment
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What checks does the legislature have on the judiciary?
Confirm appointments from the president, initiate constitutional amendments, impeachment
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What checks does the executive have on the legislature?
Recommend legislation, veto legislation, call Congress into special session
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What checks does the executive have on the judiciary?
Appointment of judges, pardon
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What checks does the judiciary have on the legislature?
Judicial review (declare acts unconstitutional)
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What checks does the judiciary have on the executive?
Judicial review
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What is the definition of federalism?
A theory of government by which political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction
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What has led to the development of federalism in the US?
Westward expansion, the growth in population, industrialisation, improvements in communication, America's foreign policy and world-power status
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What are the 5 reasons for the expansion of the federal government under George W. Bush?
Iraq war, homeland security issues (9/11), expansion of medicare programme, No Child Left Behind (2001), Wall Street banking collapse (2008)
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What evidence is there of federalism under Obama? pt 1
Ratio of state and local government employees to federal employees highest since 1930s, federal govt assistance to the states increased from 3.7% of GDP in 2008 to 4.6% in 2009,
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pt2
Money from federal govt accounted for 30% of state govt spending in 2009 compared to 25% in 2009, of the $787 billion of the 2009 Economic Stimulus Package 1/3 went through state govts (in 2003 it was $20 billion
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Why did Obama increase federal funding to the states?
Re-authorisation of the State Children's Health Insurance Programme (2009), expansion of Medicaid, higher education expenditure, $4.35 billion invested in Race to the Top programme
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In the 2010 mid-term elections what percentage of Republicans agreed the federal government is doing too many things better left to businesses?
74%
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What are the consequences of federalism?
Variation in state laws, variation in penalties for law breaking, complexity of the American legal system, each state has its own Constitution, complexity of the tax system, state based elections, regional diversity when making appointments
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How is the Constitution formally amended?
Can be done either by Congress with a 2/3 majority, ratification can be done either by 3/4 of the states legislatures or by 3/4 of the states
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What is an example of an amendment being rejected?
1972 equal right for women
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Why has the Constitution been so rarely amendment?
FF made it so, vagueness meant there is no need for amendment, judicial review allows the court to amend the constitution, politicians are cautious to mess with it, 18th amendment
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How is Congress involved in constitutional rights?
They pass the laws to facilitate these rights
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How is the executive involved in constitutional rights?
Needs to implement the laws and programmes which Congress passes
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How is the Supreme Court involved in constitutional rights?
They safeguard the constitutional rights of citizens through judicial review
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What are some examples of the court being ineffective in guaranteeing constitutional rights?
1857 Dred Scott V. Sanford (stated that blacks could not become citizens of the US and were not entitled to the rights of citizenship, 1896 Plessy V. Ferguson which upheld segregation (separate but equal)
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What are some cases which upheld constitutional rights?
1973 Roe V. Wade, 1966 Miranda V. Arizona, 1954 Brown V. Board of Education, 2008 District of Columbia V. Heller
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Other cards in this set

Card 2

Front

What is not found in the Constitution?

Back

Presidential primaries, congressional committees, president's cabinet, Executive Office of the President, Supreme Court's power of judicial review

Card 3

Front

What is a unitary form of government?

Back

Preview of the front of card 3

Card 4

Front

What is a confederal form of government?

Back

Preview of the front of card 4

Card 5

Front

What is a federal form of government?

Back

Preview of the front of card 5
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