The Constitution - Booklet

Front 1

Give 5 functions of a constitution

Back 1

lay down powers of office holders
estbalish the procedures by which they are chosen
establish the period by which they serve
specify the relationship between the branches of govt
establish citizens' rights

Front 2

what did the FF do to ensure limited govt?

Back 2

separation of powers

Front 3

How to all three branches contribuyte to legislative power?

Back 3

Congress has principal responsibility
President can veto proposals
SC can declare a law unconstitutional

Front 4

What are checks and balances?

Back 4

each branch of government watching over the powers of the other, ensuring all govt functions effectively and efficiently

Front 5

Give 7 checks by congress on the executive

Back 5

1. Senate confirms appointments
2. Congress can pass/reject/amend president's legislative proposals
2. power of the purse
4. senate ratifies treaties by 2/3 majority
5. Congress can override a presidential veto
6. Impeachment (high crims and misdemeanour)
7. Congress can declare war
8. Filibuster

Front 6

How does Impeachment work?

Back 6

Senate tries president
only 2 impeached, both acquitted - Clinton and Johnson

Front 7

Give 4 checks by the exec on Congress

Back 7

1. president can propose legislation
2.president can veto bills passed by Congress
3. president can call special sessions of Congress
4. Presdient commander-in-chief of armed forces

Front 8

Give 2 checks by the SC on the exec

Back 8

1. ruling an act unconstitutional
2. court can rule presidential acts unconstitutional

Front 9

Name the 4 enumerated powers of Congress

Back 9

1. lay and collect taxes, duties, imposts and excuses
2. provide for the common defense and general welfare of the US
3. Regulate commerce with foreign nations and among the several states
4. declare war

Front 10

Name 4 states' powers laid down by the Constitution

Back 10

1. EC allows individual states to decide a method of election and extent of the franchise for themselves
2. choosing two senators awho would serve on their behalf
3. promise that territorial boundaries would not be changed without their consent
4. constitution could be amended if 3/4 opf states agreed

Front 11

What was the reason for the call for the Bill of Rights?

Back 11

lack of further assurances to the states, to balance and curtail the powers of the national government

Front 12

what did the Bill of Rights do for Americans?

Back 12

entrench their rights

Front 13

what are the bill of rights amendments protected from?

Back 13

change or amendment

Front 14

how many states must agree before an amendment to the constitution can be ratified?

Back 14

3/4

Front 15

during WWII, who were interned because it was feared they might assist an invasion?

Back 15

Japanese-Americans

Front 16

for many years, how were the bill of rights regarded as?

Back 16

a restraint upon the national govt alone

Front 17

what is the first amendment?

Back 17

freedom of religion, press, speech and assembly

Front 18

what is the second amendment?

Back 18

right to bear arms

Front 19

what is the third amendment?

Back 19

rights of property owners

Front 20

what ius the 4th amendment?

Back 20

freedom from unreasonable searches and seizures of persons and property

Front 21

what is the 5th amendment

Back 21

right to remain silent.
no person can be deprived of life/liberty/property (due process clause)

Front 22

what is the 6th amendment?

Back 22

rights for those standing trial and protects against abritrary arrest and imprisonment

Front 23

what is the 7th amendment?

Back 23

civil law suits

Front 24

8th amendment?

Back 24

cruel and unusual punishment (despite death penalty)

Front 25

9th amendment?

Back 25

rights reserved to the people and states that people may have other rights not found in the Bill of Rights - used un Roe v Wade

Front 26

10th Amendment?

Back 26

rights reserved to the states

Front 27

how to activist courts preserve rights?

Back 27

through interpretation of the constitution

Front 28

give 4 instances when rights have not been fully protected and applied?

Back 28

1. denial of voting rights and civil rights to black Americans post-14th Amendment
2. internment of japanese-americans during WWII
3. Patriot Act - anti-terrorism measures - after 9/11
4. Guantanamo Bay - prisoners without habeas corpus rights pr due process of law as a rseult of war on terror

Front 29

give an exampe of an economic/social problem that the fed govt lacks the power to resolve

Back 29

need to close th gap between rich and poor
to protect minorities

Front 30

what is gridlock?

Back 30

when decisions cannot be made due to insufficient agreements between institutions due to divided government

Front 31

why have gun laws or healthcare provision not been imposed?

Back 31

decidion making requires such a widely shared consensus

Front 32

what has been undermined by the weakness of political parties?

Back 32

allowing passage of legislation, coordingation members of Congress and president

Front 33

what is the federal government more than the FF intended?

Back 33

interventionalist

Front 34

what has the federal government now become?

Back 34

too big, too expensive and too expansive

Front 35

what have some to dominate the decision making process?

Back 35

special interests

Front 36

which amendment has been forgotten and why?

Back 36

10th.
federal gov ernment has gainsed control and influence over many responsibilities that were the prerogative of the states

Front 37

give 3 reaons why the federal govt is too weak

Back 37

1. ainability to address national problems
2. gridlock
3. weakness of parties

Front 38

give 4 reasons why the federal govt is too powerful

Back 38

1. over0interventionist
2. dominated by special intersst
3. erosion of states rights
4. expanded role for federal courts

Front 39

what is legal sovereignty?

Back 39

defined geographical territory - ultimate authority of a state or assembly to make laws that regulate the activities of citizens living in thatr territory

Front 40

what is political sovereignty?

Back 40

effectiveness of power exercised by sovereign bodies; the extent to which power is constrained by existence of treaties, membership of international organisations and ext/int influences

Front 41

where is legal sovereigny found in the US?

Back 41

federal constitution and in power of people to amend it(27 times)

Front 42

what does 'federal system' mean?

Back 42

individual states possess legal sovereignty in those areas of law making and policy which are reserved to the states or denied to the federal govt

Front 43

how are federal laws declared unconstitutional?

Back 43

SC - judicial review

Front 44

why is it difficult to establish where political sovereignty lies?

Back 44

so much depends on the relative bargaining power of the exec and legislative branches

Front 45

what determines bargaining power of the exec and leg?

Back 45

personalities
party control of WH and Congress
ability to determine the political agenda
economic and foreign policy

Front 46

why is it argued that the SC has ultimate political sovereignty?

Back 46

it has the power to determine the meaning of the constitution

Front 47

what is federalism?

Back 47

a territorial distribution of power based on the sharing of sovereignty between central bodies and peripheral ones

Front 48

which 3 ways did the constitution bring togeyther different strands of opinion about federalism?

Back 48

unity of USA in its relationships with other nations
Power of ths states
Duties and obligations between states

Front 49

what is dual federalism?

Back 49

national govt and states have separate spheres of responsibility

Foreign policy prerogative of national govt

Front 50

give 5 state responsibilities

Back 50

1. intrastate commerce
2. Education
3. Roads
4. Welfare
5. Justice

Front 51

Giver 4 federal government responsibilities

Back 51

1. inTERstate commerce
2. defence
3. foreign affairs
4. limited financial management

Front 52

which three events and processes made a particular contribution to the shift in authority and resources

Back 52

Civil war
Supreme Court
Changing financial relationships

Front 53

how has the US become over-centralised?

Back 53

1. growing power of federal govt = unresponsive to state needs
2. illegitimate judicial rulings
3. federal funding channeled through categorical grants
4. federal govt projects administered by a centralised, cumbersome and impersonal bureaucracy
5. govt borrowing fuelled inflation and crowded out private sector investment
6. reliance on unfunded mandates

Front 54

what elements did Reagan's new federalism proposals in 1982 rest on?

Back 54

1. states assume responsibility for welfare and federal govt administer Medicaid (increased state responsibilities)
2. reduction in level of federal grants-in-aid
3. grant programmes would be merged into block grants
4. federal regulations would be eliminated