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60 Cards in this Set
- Front
- Back
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Date of declaration of independence |
1776 |
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Principles of constitution |
- representative and responsible government - separation of powers - federal structure of government - limited government |
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E.g. individual cannot hold offices in two different branches of power |
To b completed |
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Overlap between powers / incomplete separation of personel + E.g.s |
- VP (executive) also officially president of the Senate and can cast a tie breaking vote e.g. Dick Cheney used this power 8 times between 2001 and 2009 - the president can issue pardons to convicted offenders (a judicial function) e.g. Trump pardoned Joe Arpaio in August 2017, the former sheriff of Maricopa County in Arizona who was convicted of contempt of court and awaiting sentencing. |
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When was judicial review established |
Case of Marbury v. Madison (1803) |
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E.g.s achievement or not from working in a bipartisan or partisan way |
- Bush achieved his education reforms (2001-2002) (e.g. No Child Left Behind 2001) by working with democratic congressmen (notably senator Edward Kennedy) - Bill Clinton failed to get his healthcare reforms passed by Congress (1993-1994) because he worked in a partisan way and ignored the views of many within Congress |
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E.g. checks and balances of the legislature |
Override the president's veto Impeach judges |
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E.g. checks and balances of the executive |
Veto legislation Appoint judges |
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E.g. check and balance of the judiciary |
Judicial review |
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Criticism of constitution |
System may lead to institutional gridlock, with little being achieved as a result of dysfunctional power struggles between the branches --> Particularly in the case of divided government, which is encouraged by the constitutional provision of staggered elections |
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E.g. gridlock |
112th and 113th US Congresses Democrat Barack Obama held executive office, but the House and a Rep majority. During the last two years of Obama's presidency, both congressional chambers were Republican dominated. He was unable to get through a number of policies, such as tighter gun restrictions. Furthermore, the inability to reach consensus when setting the federal budget in 2012-13 resulted in the temporary shutdown of federal government in October 2013 ==> Imperilled presidency |
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E.g. gridlock happening when executive and legislature are under one party control |
January 2018: disputes over the extension of status of persons affected by the Deferred Action for Childhood Arrivals (DACA) immigration policy led to a 3 day government shutdown, despite Republican Donald Trump having a Republican majority in both the House and Senate |
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Divided government can lead to more effective government |
- Better scrutiny E.g. not since 1935 has the Senate rejected a treaty of a president of its own party, and only twice in the last 50 years has Congress overridden a veto of a president of its own party. - Encourage cooperation BUT the growth in partisanship and the polarisation of the two parties over the past 20 years has made this increasingly difficult |
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Formal amendment peocess |
- requires supermajority of at least ⅔ of the vote in both houses of Congress - Ratification by 3/4 of state legislatures - only 27 amendments since constitution was first written, including the first ten of the Bill of Rights, ratified in 1791 |
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E.g. failed amendment |
Equal rights amendment: receives 35 of the 38 necessary state ratifications in 1977 |
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E.g. successful constitutional amendment |
22nd amendment (1951): two-term presidency (following FDR's 12 years in office) |
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Alternative formal way of amending constitution |
Formal change to the constitution may also occur through the calling of a convention by ⅔ of the states, though this has never happened |
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Judicial review quote |
"We are under a constitution, but question constitution is what the judges say it is" Chief Justice Hughes, 1909 |
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Judicial review // federalism |
Supreme Court interpretation has also led to the growth of presidential powers since the 1930a and the shift of authority from the state to federal government |
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E.g. ambiguous phrase in constitution, interpreted differently |
The phrase "equal protection under the law" in the 14th amendment was interpreted one way in the Plessy v. Ferguson case of 1896, but very differently in the Brown v. Board of Education case of 1954 |
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Conventions not in the constitution |
- Executive Office of the President - power of judicial review |
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Context of when constitution was first written |
- 13 million inhabitants across 13 states - relatively simple problems which needed to be resolved, as the Articles of Confederation (1777) made for a central government which was too loose, and states which weren't cooperating effectively (e.g. treaties) |
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// Context now |
- world superpower - over 313million inhabitants across 50 states - highly complex economic, social and foreign policy issues unimagined in the 18th century |
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Pros of constitution |
- constitutional sovereignty and entrenched principles ==> stability and continuity - balances branches of power, avoiding elective dictatorship (hailsham, parliamentary system of gov) - individual liberties, such as freedom of expression, are entrenched and widely known and supported - contains a certain flexibility to be amended in response to changing political conditions - provisions are safeguarded by the independent supreme court - little pressure for change from the American people |
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Weaknesses of constitution |
- Gridlock - Growth of presidential and federal power is not sufficiently constrained and states' rights are therefore not sufficiently protected - 2 year terms for congressmen/women makes for a situation of almost constant campaigning and increased costs ==> democratic overload: low turnout - more rigid than UK uncodified, less easily adapted despite changing conditions and circumstances - many argue that judicial review gives the unelected and almost unaccountable SC too much power, and that it should be limited by the UK constitution |
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E.g. low congressional turnout |
2014: 36.4%, lowest in 70 years |
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Federalism quote |
Federalism, in the words of Madison, avoids "the danger of too much power in too few hands" |
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Definition of federalism |
Theory of government by which political power is divided between a national government and states governments, each having their own area of substantive jurisdiction Amendment X: "The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the State respectively, or to the people" |
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States' rights |
Right to pass and enforce laws and operate independently of and with minimal interference by the federal government: state sovereignty |
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E.g. states' rights allowing progression |
Wyoming was the first state to grant women the right to vote in 1869, because it needed more women settlers |
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What are states rights sometimes used for |
Previously used to defend controversial policy such as bans on same-sex marriages, yet it is no longer possible to do so for this particular issues since the 2015 Obergefell v. Hodges supreme court case. This ruled that anti same-sex marriage legislation violate the Sue Process Clause and the Equal Protection Clause of the constitution's 14th amendment |
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Pros of federalism |
- Social progression - better protection of individual rights - well suited for the size of the national: maintains national unity while at the same time preserving state diversity - states become laboratories of freedom ( phrase coined by us supreme court justice Louis Brandeis) = allows states to "try novel social and economic experiments without risk to the rest of the country" - encourages pluralism and political participation by allowing citizens to be politically involved at a local level |
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Modern e.g. liberal progressive states rights |
Indirect initiate state statute in Maine in 2016 to legalise the recreational use of marijuana |
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E.g. laboratory of democracy |
Massachusetts established a health care reform act in 2006 that became the model for the subsequent Affordable Care Act at the national level in 2010 |
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Cons of federalism |
- overly bureaucratic: costly to run and difficult to change - can mask economic and racial inequalities - government / state relationship is a continuing source of conflict --> can frustrated the "national will" - too many elective offices at state level --> democratic overload: low turnout - gridlock: states may be obstructive and refuse to conform - significant economic inequalities between rich and poor states |
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Turnout: Democratic overload at a state level |
Turnout in state and local elections is often less than 25% |
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E.g. state gridlock, states being obstructive and refusing to conform |
Refusal of southern states to de-segregate after the Brown decision in 1954, with justification by reference to states' rights |
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E.g. states rich // poor |
Connecticut / Louisiana |
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Types of constitutional powers |
- enumerated - inherent - implied - reserved - concurrent |
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Enumerated powers |
= delegated, expressed - article 1, section 8 State that federal law can legislate on defence, currency and naturalisation of citizens, regulate interstate commerce and provide for the "common defense" |
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Inherent powers |
Those which Congress and the president need to be able to carry out their functions E.g. the power to control the country's borders |
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Implied powers |
Not explicitly but shown in the constitution's wording E.g. Congress' ability to make laws which are "necessary and proper" for exercising the enumerated powers and providing for the "general welfare" |
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Reserved powers |
Those left to the states and guaranteed by the 10th amendment Form the basis of states' rights E.g. electoral law --> has led to voter suppression in states such as Texas, where voter ID laws are said to discriminate against black and Hispanic voters who often lack government-issued ID - this being the only type allowed to cast a ballot |
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Concurrent powers |
Their shared by both federal and state government E.g. health, education & safety |
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McCullogh v. Maryland (1819) |
Supreme Court established the suoremacy of the federal government and Congress over state governments through its interpretation of the "necessary and proper" clause over the issue of a nation bank |
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16th amendment |
1914 Allowed for federal income tax to be levied by the federal government across all states Subsequent dependence of states on federal finance |
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Phases of federalism |
Dual federalism (1780s-1920s) Cooperative federalism (1930s-1960s) New federalism (end of 20th century) George w. Bush (2001-2009) Obama (2009-2017) |
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Dual federalism |
1780s-1920s - layer-cake federalism: federal and state governments had distinct areas of responsibility - main focus on states' rights: they had the most political power - federal government limited mainly to issues on money, war and peace |
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Cooperative federalism |
1930s-1960s - caused by wall Street crash and great depression Federal and state governments had to work closer together to solve the problems facing the country (e.g. poverty, health, education) - more federal departments were introduced (e.g. defence, health) - more federal schemes and grants FDR's New deal e.g. Civil Works Administration 33-45 - marble-cake federalism = 2 levels of government became mixed |
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New federalism |
Rise in federal grants to the states --> move back towards more decentralisation (Nixon, Ford, Reagan) Why? - federal programmes hadn't been successful - federal government had failed to tackle social issues (e.g. drugs) - growing distrust of Washington politicians E.g. Watergate affair 1972 |
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Federalism under Bush |
Was expected to continue shrinking federal government but he didn't No Child Left Behind (2001) to improve education throughout the US |
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Federalism under Obama |
Did not move towards decentralisation either (though this is more to be expected as he is a democrat) E.g. Obamacare (2010) |
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Considerable variation between states |
- death penalty Still legal in 12 states such as Idaho - some aspects of election, for example open // closed primary Alabama open , Delaware closed - local sales tax - regulations concerning gambling and the sale of alcohol (though since 1988 the USA has had a minimum drinking age of 21 - a good e.g. of the inter-relationship between federal and state laws |
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E.G. "words on paper" do not always guarantee that these rights (bill of rights) will be applied at all times and under all conditions |
The passage of the patriot act 2001, a raft of anti-terror ism measures such as wire tapping and electronic surveillance, passed by Congress after 9/11 --> many arumguer that such measures undermine constitutional rights, but they were not declared "unconstitutional" by the SC |
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Bill of rights quote |
Jefferson's Declaration of Independence focused on the "inalienable rights" of the people |
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First amendment |
Freedom of religion, speech, press, assembly and petition E.g. freedom of speech has bene interpreted as the right to burn the flag or to spend money to support political views in the Citizens United v FEC case 2010 |
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2nd amendment |
Right to keep and bear arms in order to maintain a well regulated militia Controversial but upheld in cases such as 2008 District of Columbia v. Heller case |
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6th amendment |
Rights of accused persons E.g. right to a speedy and public trial Used to challenge aspects of holding detainees at Guantánamo Bay |
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9th amendment |
Allows rights to be extended if they haven't been mentioned + concerned with rights "reserved to the people" E.g. used in many privacy cases such as roe v. wade (1973) |
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Comparison with UK |
Codified ≠ uncodified Constitutional sovereignty ≠ parliamentary sovereignty Separation of powers ≠ fusion (elective dictatorship) Gridlock ≠ more effective government (no shutdowns) More rigid ≠ flexible Federal ≠ unitary Entrenched ≠ vulnerable rights Bill of rights is about the relationship between government and the people ≠ UK bill of rights (1689) is about the relationship between crown and Parliament |
