US Constitution and Federalism

?
  • Created by: evekav
  • Created on: 29-03-22 14:54
How many articles did the original Constitution have?
7
1 of 53
What do the first 4 Articles deal with?
The 4 key institutions of government: Congress, presidency, Supreme Court and the states.
2 of 53
What is Article V (5)?
The amendment process
3 of 53
What is Article VI (6)?
The 'Supremacy Clause' - established the US Constitution as the highest law in the land.
4 of 53
What is Article VII (7)?
Ratification process - 9 out of 13 colonies were required to agree the new framework before it could begin.
5 of 53
How many amendments has the Constitution had?
27
6 of 53
What is the Bill of Rights?
The first 10 amendments, sought to protect the rights of the individual against government power as well as protecting the power of the states against federal government.
7 of 53
What are amendments 13-15?
Ratified 1865-1870 - civil war amendments
13=end slavery
14=equal treatment to all citizens regardless of race
15=give the vote to people regardless of race, color or previous servitude
8 of 53
What is the 16th amendment?
Ratified 1913
Gives Congress right to levy federal income tax.
9 of 53
What is the 18th and 21st amendment?
Ratified in 1919 and 1933
18=prohibits manufacture/sale of alcohol
21=repeals 18th amendment
10 of 53
What is the 22nd amendment?
Ratified 1951
Limits president to 2 terms in office
11 of 53
What is the 25th amendment?
Ratified 1967
Allows VP to assume office of president temporarily while the president cannot fulfil their duties.
12 of 53
What is the 1st amendment?
(Bill of Rights)
Freedom of expression and religion
13 of 53
What is the 2nd amendment?
(Bill of Rights)
Right to bear arms
14 of 53
What is the 4th amendment?
(Bill of Rights)
No unreasonable searches/seizures of people or property
15 of 53
What is the 5th amendment?
(Bill of Rights)
Protection against double jeopardy and self-incrimination
16 of 53
What is the 8th amendment?
(Bill of Rights)
Right to provide freedom from cruel and unusual punishment
17 of 53
What is the 10th amendment?
(Bill of Rights)
Right of states to have reserved powers
18 of 53
Is the US constitution codified or uncodified and what does that mean?
Codified - meaning it is all written down in one document
19 of 53
What other features does the US Constitution have?
*Authoritative-on a higher level than ordinary law, sets out the basis for all political institutions.
*Entrenched-hard to amend/abolish.
*Judiciable-other laws can be judged against it (judiciary responsible).
20 of 53
What are enumerated powers?
Powers explicitly stated
21 of 53
What are implied powers?
Suggested or are required for enumerated powers to be used.
22 of 53
Examples of enumerated powers held by Congress.
*Collection of taxes and duties
*Borrowing money on behalf of the US
*Regulation of commerce
*Establishing post offices
*Establishing currency
*Amendments
23 of 53
Examples of implied powers held by Congress.
*Necessary and proper clause
*Interstate commerce clause
24 of 53
Examples of enumerated powers held by the president.
*Heads executive branch
*Nominations
*Proposes measures to Congress
*Vetoes legislation
*Grants pardons
25 of 53
Examples of implied powers held by the president.
*Commander in chief of the armed forces
26 of 53
Examples of enumerated powers held by the Courts.
*Rule on cases arising under the Constitution, Laws of the US, or Treaties
27 of 53
Examples of implied powers held by the Courts.
*Power of judicial review
28 of 53
What Article and section states the necessary and proper clause?
Article 1, section 8
29 of 53
What is the necessary and proper clause?
Allows Congress to make any law they deem necessary to allow them to carry out their duties.
30 of 53
What are the concerns with the vagueness of the Constitution?
*It could fail to regulate political practice-it can undermine its authority
*The Supreme Court could become too powerful-allows justices to apply their own ideologies
*Significant conflict-lack of clarity=disputes.
31 of 53
What is the amendment process?
Two-thirds (a supermajority) of both houses of Congress have to vote to introduce an amendment, or two-thirds of states can call a constitutional convention to propose amendments.
Amendments require the formal support (ratification) of ¾ of states.
32 of 53
What are the examples of proposals passed by Congress that failed to receive sufficient state support?
*Equal Rights amendment - would have provided equality of rights by federal or state govs on account of sex
*District of Columbia Voting Rights amendment - would have given DofColumbia full representation in the US Congress as if it were a state.
33 of 53
What are the examples of proposals voted on in Congress that did not receive 2/3 majority in each chamber?
*Flag Protection amendment - would have allowed Congress to make it illegal to desecrate the US flag
*Federal Marriage amendment - seeks to define marriage as exclusively between a man and woman
34 of 53
What are the examples of proposals introduced by Congress but not voted on by both chambers of Congress?
*Right to vote amendment - would end felony voting restriction and protect voting rights after Shelby v Holder
*Saving American Democracy amendment - aim to overturn ruling which removed regulations on funding of elections
35 of 53
How many amendments have been introduced since the constitution was established?
11,000
36 of 53
How many of the 11,000 introduced amendments have Congress accepted?
33
37 of 53
How many amendments have been passed?
27
38 of 53
Of the 27 amendments, how many are operating amendments?
15
39 of 53
What are the advantages of the amendment process?
*The amendment process protects the key principles as the Founding Fathers intended.
*Protects states and upholds federalism
*Prevents abuse of power
*Prevents ill-thought-through amendments
40 of 53
What are the disadvantages of the amendment process?
*Difficult to remove outdated aspects
*Difficult to incorporate new ideas
*Undemocratic - only 13 states have to oppose it
*Gives Supreme Court excessive power
41 of 53
1.2
1.2
42 of 53
What are the key principles of the Constitution?
*Federalism
*Separation of powers
*Checks and balances
*Bipartisanship
*Limited Government
43 of 53
What is federalism?
System in which sovereignty is shared between a central government and individual states, with each having their own specific rights.
44 of 53
How are states like a smaller version of the US?
Each state has its own constitution, head of executive branch (Governor), legislation (State Congress) and Supreme Court.
45 of 53
What are the separation of powers?
3 key bodies of government each have their own powers, personnel and buildings - all separate of each other and then provide checks between them?
46 of 53
What is the separation of powers based on?
Preventing any one institution or politician from dominating the political system.
47 of 53
What is divided government?
When the HoR, Senate and presidency are not all controlled by one party.
48 of 53
What is bipartisanship?
Attempts within the structure of the US Congress to try to ensure that two main parties must work together in order to fulfil congressional functions.
49 of 53
What is the effect of parties becoming more polarised?
Less scope for compromise, Congress less able to legislate = weak government.
50 of 53
What is a limited government?
The role of government is limited by checks and balances, and a separation of power, to prevent corruption.
51 of 53
What is the effect of limited government on federal government?
Power of federal gov is subject to limitations laid out in the Constitution so it cannot simply impose policy on state and its citizens.
52 of 53
How else is the federal government limited?
Bill of Rights - stops them restricting the rights of the individual or rights of the state.
53 of 53

Other cards in this set

Card 2

Front

What do the first 4 Articles deal with?

Back

The 4 key institutions of government: Congress, presidency, Supreme Court and the states.

Card 3

Front

What is Article V (5)?

Back

Preview of the front of card 3

Card 4

Front

What is Article VI (6)?

Back

Preview of the front of card 4

Card 5

Front

What is Article VII (7)?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Government & Politics resources:

See all Government & Politics resources »See all 1.1, 1.2 resources »