The US constituion
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- Created on: 13-04-23 02:29
What is Rational theory
This focuses on the individual within a political system and assumes that they will act rationally in a self-interested way. You could refer to rational theory when discussing the fact that prime ministers might use their popularity with the electorate to
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What is Cultural theory
This focuses on groups within the political system and how these groups shape ideas and determine actions. You could refer to cultural theory when comparing the actions of US and UK interest groups or when comparing the policies of US and UK political par
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What is Structural theory
This focuses on the institutions within the political system and how outcomes are determined by processes within these institutions. You might reter to structural theory when comparing the checks and balances that the US and UK legislatures bring to bear
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What are the 3 key features of the US constituion
1. It is codified.
2. Some of it is specific but some of it is vague.
3. Its provisions are entrenched.
2. Some of it is specific but some of it is vague.
3. Its provisions are entrenched.
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What is worth remembering about codified
these two terms are not exclusive to one another they are not the same as 'written' and 'unwritten' constitutions.
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What may Codified constitutions not include
all constitutional provisions
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Written constitutions may have some elements that are what
Unwritten
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How many articles is the consitution made up of
7
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What do the first 3 of the articles explain
Explained how the three branches of the federal (national) government
Congress, the president and the Supreme Court - would work and what powers they would have
Congress, the president and the Supreme Court - would work and what powers they would have
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What does article 1 entail
Established Congress as the national legislature (law-making body) and defined its membership, method of election and powers
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What does article 2 entail
Established the president as chief executive and defined their method of election and powers
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What does article 3 entail
Established the US Supreme Court and set out its membership, method of appointment and powers
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What are some of the powers the Constitution gives, especially to Congress, that are very specific
The power 'to collect taxes' (Article I)
The power 'to coin money' (Article 1)
The power 'to coin money' (Article 1)
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What are some of the powers the Constitution gives, especially to Congress, that vague
The power of Congress 'to provide for the common defence and general
welfare of the United States' (Article I)
The power of Congress 'to make all laws which shall be necessary and proper for carrying into execution the foregoing powers' (Article I)
welfare of the United States' (Article I)
The power of Congress 'to make all laws which shall be necessary and proper for carrying into execution the foregoing powers' (Article I)
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What issues are there about powers
There is also the issue of whether certain powers belong only to the federal government, only to the state governments, or to both the federal and state governments.
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What are enumerated or delegated powers
Powers delegated to the federal government -
generally those enumerated in the first three of the Senate and has the casting vote in the Articles of the Constitution
generally those enumerated in the first three of the Senate and has the casting vote in the Articles of the Constitution
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Give an example of enumerated powers
The Vice president is also president of the senate and has the casting vote in the event of a tied vote.
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What are Implied powers
Powers possessed by the federal government by inference from those powers delegated to in the consitution
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Give an example of Implied powers
the power to draft people into the
it armed forces may be implied by Congress's
enumerated power to raise an army and navy.
it armed forces may be implied by Congress's
enumerated power to raise an army and navy.
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What are reserved powers
Powers not delegated to the federal
government, or prohibited to it by the Constitution - these are 'reserved' to the states or to the people
government, or prohibited to it by the Constitution - these are 'reserved' to the states or to the people
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Give an example of reserved powers
marriage and divorce laws differ
between states
between states
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What are concurrent powers
Powers possessed by both the federal and state
goverments
goverments
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Give an example of concurrent powers
highway management and
Concurrent powers maintenance. The tederal government is responsible for US highways and the interstate system, while individual states manage intrastate highways.
Concurrent powers maintenance. The tederal government is responsible for US highways and the interstate system, while individual states manage intrastate highways.
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If an amendment is proposed by 2/3 of the house and the senate:
how can it be ratified
how often has it been used
how can it be ratified
how often has it been used
3/4 of the state leglistarures (38)
26 times
26 times
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If an amendment is proposed by 2/3 of the house and the senate:
how can it be ratified
how often has it been used
how can it be ratified
how often has it been used
ratifying conventions in 3/4 of the states
once (21st amenment)
once (21st amenment)
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If an amendment is proposed by legislatures in 2/3 of the states calling for a national consitutional convention:
how can it be ratified
how often has it been used
how can it be ratified
how often has it been used
3/4 of the state legislatures
never
never
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If an amendment is proposed by legislatures in 2/3 of the states calling for a national consitutional convention::
how can it be ratified
how often has it been used
how can it be ratified
how often has it been used
ratifying conventions in 3/4 of the states
never
never
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What are the advantages of the amendment process
-Supermajorities ensure against a small majoritybeing able to impose its will on a large minority.
-The lengthy and complicated process makes it less likely that the Constitution will be amended on a merely temporary issue.
-It ensures that both the feder
-The lengthy and complicated process makes it less likely that the Constitution will be amended on a merely temporary issue.
-It ensures that both the feder
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What are the advantages of the amendment process
-It gives a magnified voice to the smaller-population States (through the Senate's role and the requirement alcohol. for agreement of three-quarters of state legislatures).
-The provision for a constitutional convention called by the states prevents congr
-The provision for a constitutional convention called by the states prevents congr
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What are the disadvantages of the amendment process
-It makes it overly difficult for the Constitution to be amended, thereby perpetuating what some see as outdated provisions (e.g. the Electoral College).
-It makes possible the thwarting of the will of the majority by a small and possibly unrepresentativ
-It makes possible the thwarting of the will of the majority by a small and possibly unrepresentativ
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What are the disadvantages of the amendment process
-The lengthy and complicated process nonetheless allowed the Prohibition amendment to be passed (1918), banning the manufacture, sale and transportation of alcohol
-The difficulty of formal amendment enhances the power the (unelected) Supreme Court to ma
-The difficulty of formal amendment enhances the power the (unelected) Supreme Court to ma
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What make up the bill of rights
first 10 amendments
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What's the 1st amendment
freedom of religion, speech, the press and assembly
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What is the 2nd amendment
right to keep and bear arms
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Which amendment is the rights of accused persons
5th
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What is the 8th amendment
Prohibition of cruel and unusual punishments
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What's the 10th amendment
Undelegated powers reserved to the states or to the people
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Which amendment was the prohibiton of slavery (1865)
13th
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What is the 16th amendment (1913)
Federal government granted power to impose income tax
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Which amendment is the direct election of the Senate (1913)
17th
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What's the 22nd amendment (1951)
Two-term limit for the president
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Which amendment is the Presidential succession and disability procedures (1967)
25th
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What's the 26th Amendment (1971).
Voting age lowered to 18
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Why has the Constitution been so rarely amended
-The Founding Fathers created a deliberately difficult process
-The Constitution is, in parts, deliberately vague and has theretore evolved without the need for formal amendment
-The Supreme Court has the power of judicial review
-Americans have become ca
-The Constitution is, in parts, deliberately vague and has theretore evolved without the need for formal amendment
-The Supreme Court has the power of judicial review
-Americans have become ca
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Does the US constituion ensure democracy in the USA and curtail the power of the executive- YES the consitution still works
-Federalism has proved to be an excellent compromise between strong national government and state government diversity.
- The text has proved very adaptable to changes in US society.
- The text has proved very adaptable to changes in US society.
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Does the US constituion ensure democracy in the USA and curtail the power of the executive- YES the consitution still works
-The demanding amendment process has usually prevented frequent and ill-conceived proposals for amendment.
-Rights and liberties of Americans have been protected.
-The Supreme Court's power of judicial review has
made it even more adaptable through 'inter
-Rights and liberties of Americans have been protected.
-The Supreme Court's power of judicial review has
made it even more adaptable through 'inter
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Does the US constituion ensure democracy in the USA and curtail the power of the executive- NO the consitution does not still work
-The amendment process is too difficult, theresy making it well-nigh impossible to amend parts no longer applicable or to add parts that a majorty desires.
-Power of judicial review gives the supreme Courtio much power to 'amend' its meaning.
-Power of judicial review gives the supreme Courtio much power to 'amend' its meaning.
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Does the US constituion ensure democracy in the USA and curtail the power of the executive- NO the consitution does not still work
-The Constitution is too negative, giving too much power to those who oppose change.
-Some parts make little sense in today's society e8
the Electoral College).
-Some parts don't work as the framers would have envisaged (e.g. war-making powers)
-Some parts make little sense in today's society e8
the Electoral College).
-Some parts don't work as the framers would have envisaged (e.g. war-making powers)
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What five key principles is the constituion based on
1. Separation of powers
2. Checks and balances
3. Federalism
4. Bipartisanship
5. Limited government
2. Checks and balances
3. Federalism
4. Bipartisanship
5. Limited government
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What is the federal government made up of
-The legislature (Congress), which makes the laws.
-The executive (headed by the president), which carries out (executes)
the laws.
-The judiciary (headed by the Supreme Court), which enforces and
interprets the laws.
-The executive (headed by the president), which carries out (executes)
the laws.
-The judiciary (headed by the Supreme Court), which enforces and
interprets the laws.
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What is referred to as 'the separation of powers'
No one can belong to more than one of the 3 branches at the same time
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Its not the power that are sepertaed but what instead
the institutions themselves.
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Therefore the Constitution created a governmental system made up of
'separated institutions, sharing powers'
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Because the Constitution creates a system of separate institutions that share powers, what can each institution do
each institution can check the powers of the others.
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What's a check on the president by congress- with an example
veto a bill
iran war powers resolution- trump 2018
iran war powers resolution- trump 2018
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What's a check by the president on the federal courts- with examples X3
nominate judges- brett kavanaugh- trump 2018
pardon- Of Bernard Kerik, former New York City police commissioner- Trump 2020
commutation of sentances- Of Roger Stone, political consultant and Trump confidant- Trump 2020
pardon- Of Bernard Kerik, former New York City police commissioner- Trump 2020
commutation of sentances- Of Roger Stone, political consultant and Trump confidant- Trump 2020
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What's a check on congress by the president- with examples X3
amend/delay/reject leglisalative proposals- American Health Care Act (2017) - Trump's attempt to repeal and replace obamacare
override veto- National Defense Authorization Act for 2021 (2020)
refuse to approve appointments- John Tower as secretary of de
override veto- National Defense Authorization Act for 2021 (2020)
refuse to approve appointments- John Tower as secretary of de
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What's a check on congress by the president- with examples X2
refudse tp ratify treaties- Convention on the Rights of Persons with Disabilities (2012)
impeachment and trial- Of President Donald Trump (2019-20 and 2021)
impeachment and trial- Of President Donald Trump (2019-20 and 2021)
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What's a check by congress on the federal courts- with examples X2
propose constitutional amendments-Proposed Federal Marriage Amendment (2015)
refuse to approve appointments- Merrick Garland to the Supreme Court (2016)
refuse to approve appointments- Merrick Garland to the Supreme Court (2016)
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What's a check by the federal courts on congress- with an example
decalre war unconstitutional- Defense of Marriage Act (1996) in 2013
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What's a check by the federal courts on the president
declare actions unconsitutional- Declared unconstitutional President Trump's claim that he did not have to complY with a subpoena from a New York district attorney seeking information on Trumps personal and business financial dealings (2020)
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How was federalsim written into the consitution
-the enumerated powers of the federal government
-the implied powers of the federal government
-the concurrent powers of the federal and state governments
-the Tenth Amendment
-the implied powers of the federal government
-the concurrent powers of the federal and state governments
-the Tenth Amendment
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What did Democrat president Barack Obama (2009-17) focused on
domestic policy in order to pursue his 'change' agenda.
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In what programmes did the Obama vears see an increase in federal government activity
-an economic stimulus package (2009)
-the re-authorisation of the State Children's Health Insurance Program
(S-CHIP) (2009)
-the expansion of Medicaid (health insurance programme for people with
the lowest incomes)
-'Obamacare' - Obama's flagship reform o
-the re-authorisation of the State Children's Health Insurance Program
(S-CHIP) (2009)
-the expansion of Medicaid (health insurance programme for people with
the lowest incomes)
-'Obamacare' - Obama's flagship reform o
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What have Republican presidents traditionally sought to do
shrink the size and scope of the federal government
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There were times when President Trump (2017-21) attempted to make the states subservient to the federal government, but mostly in ways that specifically increased the power of the president, such as:
-trying to end state lockdowns during the Covid-19 pandemic
-policies towards illegal immigrants and 'sanctuary cities'
-use of the national guard and federal troops during the Black Lives Matter protests of May/June 2020
-policies towards illegal immigrants and 'sanctuary cities'
-use of the national guard and federal troops during the Black Lives Matter protests of May/June 2020
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Legal concequences of federalism
there is variation in state laws on such matters as the age at which people can marry or drive a car or have to attend school.
Laws on the death penalty vary. There are federal and state courts.
Laws on the death penalty vary. There are federal and state courts.
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Policy concequences of federalism
states can act as policy laboratories, experimenting with new solutions to old problems. There is great variation between the states on such policies as healthcare provision, immigration, affirmative action and environmental protection.
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Concequences for elections on federalism
all elections are state-based and run under
state law.
state law.
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Concequences for politcal parties on federalism
political parties in the USA are
essentially decentralised, state-based parties.
essentially decentralised, state-based parties.
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Economic concequences on federalism
huge federal grants going to the states, as well as the complexity of the tax system because, for example, income tax is levied by both federal and some state governments.
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Reagonalism concequences on federalism
the regions of the South, the Midwest, the Northeast and the West have distinct cultures as well as racial, religious and ideological differences.
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The separation of powers and the checks and balances between the three branches of the federal government - especially those between the legislature and the executive - mean that parties must cooperate. what can only be sorted when parties work together
Laws would be passed, treaties ratified, appointments confirmed and budgets fixed only when both parties worked together.
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What does the system of checks and balances, in addition to the separation of powers, place a firm limit on
the powers of the executive and restricts its actions.
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Is the USA still a federal nation- YES
-All citizens pay federal income tax and the states depend on financial support from the federal government.
-Healthcare provision is heavily dependent on
federal funding, with the majority of states providing Medicaid.
-The federal government has mandate
-Healthcare provision is heavily dependent on
federal funding, with the majority of states providing Medicaid.
-The federal government has mandate
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Is the USA still a federal nation- YES
-The Homeland Security department coordinates and controls responses to threats to the nation (e.g. terrorist threats and natural disasters).
-States depend on the federal government during national crises. The Federal Emergency management Agency exists
-States depend on the federal government during national crises. The Federal Emergency management Agency exists
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Is the USA still a federal nation- NO
-Laws vary significantly across states, including the legality of the death penalty, state taxes and the legal status of marijuana.
-States control the provision of medical insurance.
-Electoral practices vary significantly from state to state.
-States control the provision of medical insurance.
-Electoral practices vary significantly from state to state.
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Is the USA still a federal nation- NO
-Some states use sanctuary cities to prohibit local law officers from helping federal immigration officials.
-During national crises or national disasters such as Covid-19, state governors act in the best interests of their state.
-The Supreme Court has m
-During national crises or national disasters such as Covid-19, state governors act in the best interests of their state.
-The Supreme Court has m
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The differences between the constitutions of the USA and the UK largely reflect what
the two different cultures- can use the cultural approach
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Factors that shaped the US Constitution
-Liberty
-Individualism
-Equality
-Representative government
-Limited government
-States' rights
-Gun ownership
-Fear of state-organised religion
-Individualism
-Equality
-Representative government
-Limited government
-States' rights
-Gun ownership
-Fear of state-organised religion
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Factors that shaped the UK Constitution
-An autocratic monarchy
-The hereditary principle
-The power of a landed aristocracy
-An established church
-A deferential working class
-A lack of social mobility
-The hereditary principle
-The power of a landed aristocracy
-An established church
-A deferential working class
-A lack of social mobility
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The US constitution is codified but what does it not mention
-primary elections
-congressional committees
-the president's cabinet
-the Executive Office of the President
-the Supreme Court's power of judicial review
-congressional committees
-the president's cabinet
-the Executive Office of the President
-the Supreme Court's power of judicial review
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The UK Constitution is uncodified, but much of it is written down, what's an example
-Acts of Parliament
-common law
-the works of Erskine May and Walter Bagehot
-common law
-the works of Erskine May and Walter Bagehot
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What are other important differences between the two constitutions
-The powers, requirements and rights in the US Constitution are entrenched, whereas those in the UK Constitution are not.
-The US Constitution allows for much more popular and democratic participation than does the UK Constitution.
-The US Constitution allows for much more popular and democratic participation than does the UK Constitution.
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What are other important differences between the two constitutions
Reverse Side
Reverse Side
-The us Constitution establishes a separation of powers, whereas the UK Constitution establishes more in the way of fused powers, especially between the executive and the legislature.
-Checks and balances are more significant in the US Constitution than i
-Checks and balances are more significant in the US Constitution than i
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Comparison of uk and us constitutions
US-Codified: Uncodified-UK
US-Some (unwritten) conventions:Much is written-UK
US-Entrenched: No entrenchment-UK
US-More direct democratic participation: Emphasis on representative democracy-UK
US-Separation of powers: Fusion of powers-UK
US-Checks and bal
US-Some (unwritten) conventions:Much is written-UK
US-Entrenched: No entrenchment-UK
US-More direct democratic participation: Emphasis on representative democracy-UK
US-Separation of powers: Fusion of powers-UK
US-Checks and bal
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Similarities between devolution
and federalism
and federalism
Both federalism and devolution involve a transfer of power from a central government to a regional government. Within the terms of the agreement, the regional government has the power to make laws and policies that may differ from those in other regions.
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Differences between devolution
and federalism
and federalism
Federalism tends to be more rigid as it is defined by the Constitution and c onlv be changed by agreement between the federal government and the states. Devolution could be changed or removed much more easily through simple law change
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Differences between devolution
and federalism
and federalism
With devolution, the central government maintains overall power. Having delegated some of its powers to regional governments, it remains more powerful than any devolved assemblies. With federalism, power is shared between the federal government and the st
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Differences between devolution
and federalism
and federalism
In a federal system all states have the same powers, whereas in a devolved system different regional assemblies can have different powers. For example, the Scottish Parliament has tax-raising powers while the Welsh Assembly does not.
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Differences between devolution
and federalism
and federalism
Under devolution a regional assembly can be suspended on the say-so ofthe central government - this has happened, for example, with the Norther Ireland Assembly. Federalism does not allow this significant power to the federal government.
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What is a rational approach to origins
The US Constitution was written from a The US Constitution was written at
is based on the values of rationality and a desire for limited government.
is based on the values of rationality and a desire for limited government.
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What is a cultural approach to origins
The US Constitution was written from a fear of an over-powerful ruler or state and a desire for limited government
The UK Constitution evolved over centuries and has been shaped by a culture dominated by the monarchy, an established church and an aristoc
The UK Constitution evolved over centuries and has been shaped by a culture dominated by the monarchy, an established church and an aristoc
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What is a structural apporach to origins
The US constitution was written at the begining of the establishment of the US politcal system and remians a fundamental part of the process
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What is a cultural apprach to codified/uncodified
The US Constitution was written from a fear of an over-powerful ruler or state and a desire for limited government
The UK Constitution evolved over centuries and has been shaped by a culture dominated by the monarchy, an established church and an aristoc
The UK Constitution evolved over centuries and has been shaped by a culture dominated by the monarchy, an established church and an aristoc
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What is a Structural approach to codified/uncodified
Discussion of how the US Constitution is uncodified - one written from scratch, the other evolving over time
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What is a structural approach to entrenchment
The US constitution is entrenched and thus needs to go through a lengthy and difficult amendment process in order to change; the UK Constitution is not entrenched and is thus easy to change
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What is a structural approach to seperation/fusion of powers
The US Constitution establishes a system of separated powers, whereas the UK Constitution allows more fusion of powers
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What is a structural approach to checks and balances
Both the USA and the UK have a system of checks and balances but only the USA has these protected by the Constitution
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What is a structural approach to federalism/devolution
The US Constitution establishes the principle of federalism and the associated powers and roles of state and central government
The UK Constitution was flexible enough to allow for devolution in the 1990s
The UK Constitution was flexible enough to allow for devolution in the 1990s
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THE US CONSTITUTION
THE US CONSTITUTION
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Other cards in this set
Card 2
Front
What is Cultural theory
Back
This focuses on groups within the political system and how these groups shape ideas and determine actions. You could refer to cultural theory when comparing the actions of US and UK interest groups or when comparing the policies of US and UK political par
Card 3
Front
What is Structural theory
Back
Card 4
Front
What are the 3 key features of the US constituion
Back
Card 5
Front
What is worth remembering about codified
Back
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