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83 Cards in this Set
- Front
- Back
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When was the american war of independence? |
1776-1781 |
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What happened in the American war of independence |
Saw 13 north american colonies, situated on the Atlantic coast, fight and win for independence from the British Empire |
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What grievances caused them to fight for independence |
They were against taxes and restrictions on trade benefiting the British govt. and economy. No representation in British parliament. British political and military measures alienated many. |
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"no taxation... |
..without representation" |
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Discuss the creation of the declaration of independence |
In 1776 at a continental congress, representatives from the 13 colonies met and drafted the declaration of independence. It named them as the united states of america . It outlined declaration principles |
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What were the declaration principles? |
Principles upon which the govt. should be based on. Including; government with the consent of the governed. Equality under the law. individual rights and liberties. |
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What happened after the war |
Britain recognized the US as an independent nation in the treaty of Paris in 1783 |
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Articles of confederation |
Used for a short period of time to hold a weak central govt. Allowed states to act like individual countries, setting up trade and barriers against each other as well as fighting over boundaries. |
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After the experience of British rule how did most Americans identify? |
Identified with states more than nation bc they now feared central govt. |
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At the same time however how did the wealthy,propertied and business classes and some others feel |
They felt that a stronger central govt. would aid trade and protect their political/economic interests against the rising poor + defend US against possible war with Britain. |
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When and what was the Philadelphia constitution |
In 1787 delegates from states met sand drew up a new constitution, therefore replacing the articles of confederation. |
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Delegates had varying views and desires |
Delegates had varying views and desires
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The wealthy. |
Desired a stronger central government. They feared the rising of the poor- particularly if a democracy was created |
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Small states |
Such as Rhode Island. They feared being dominated by larger states, like Virginia, if central govt. became too strong. Also feared not having decision making powers if representation was based on proportion |
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Large states |
Wanted no special privileges for small states |
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What is it believed these varied desires lead to |
The first 10 amendments being a reflection of a series of compromises |
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Give examples of these compromises |
Although central govt. stronger than in confederation it gave all powers not belonging to federal govt. to states. Pres. only had 4 years terms rather than much longer suggested ones. |
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What happened with the constitution in 1790 |
It was ratified by all 13 states. |
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What type of constitution is it? (4) |
Codified! One source! Entrenched! Sovereign! |
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What does it include |
Rules of govt., relationship between govt. institutions, powers and how elected , rights and liberties citizen. |
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What does the constitution entrenched mean? |
There is a special difficult procedure in place to amend it. |
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Where will you find the liberties of the citizen in the constitution? |
In the bill of rights, which was introduced in 1791 |
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The constitution is codified what those this mean? |
The constitution overrides federal and state government actions and laws. |
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What can the supreme court do? |
Can rule action and laws which conflict the constitution unconstitutional. |
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Why cant this be done in the UK |
As parliament is sovereign, not the constitution |
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Examples of cases which have been struck down by supreme court as they conflict the constitution. |
US v. Lopez. /Reno v. ACLU /Citizens United v. FEC |
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Examples of how rights in the constitution and granted federal powers override state laws |
1954/ 1973/ 1989 Texas v. Johnson/ 2003 Texas v. Lawrence
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Constitutional sovereignty can be seen as positively achieving... |
Protection against abuse of power and protection of rights via separation of powers, checks and balances and bill of rights |
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Constitutional sovereignty can be seen negatively as it
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is antidemocratic by frustrating change
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THE CONSITUTION |
CONSITUTION
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Name the 3 branches of government |
Executive (headed by pres), Legislative (congress) and Judicial (headed by supreme court) |
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Who is included in the executive branch? |
Cabinet dept., the civil service and agencies like the FBI and NASA |
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What does the president do? |
Proposes bills to congress, executes laws, spends the federal budget and funds, with congress's support |
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Discuss the election of the president |
The president is elected separately from congress, using the electoral college. A presidential term is 4 years long and a individual can be President for 2 terms |
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Electoral college system |
Used to elect the president. Each states has as many electoral college votes as it has members of congress, min of 3. |
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Name 6 presidential powers |
Veto. Propose measures to congress. Nominate individuals for a range of posts. Is the commander and chief of the armed forces. Sign treaties with other nations. Can pardon those guilty of federal crimes, who are not impeached |
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Discuss the presidents power to propose measures to congress |
In the constitution it says they can do so from time to time. However since Roosevelt presidents annually propose a policy programme |
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Which posts can the president nominate? |
Cabinet, ambassadors, federal judges- including supreme court justices |
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What can the president be impeached for |
'high crimes and misdemeanours' |
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Congress consists of.. |
2 separate chambers: the house of representatives and the senate. |
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The house of representatives election |
Representatives of the House are elected every 2 years by roughly equal districts |
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Senate election |
Senators are elected every 6 years in thirds and regardless of population each state has 2 senators |
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Congress's main job |
To make federal laws and pass the budget as well as authorizing spending |
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What checks do the legislative branch have on the executive branch? |
They can override a presidential veto with a 2/3 majority support in both chambers. Furthermore all measures, the budget and proposals for legislation must be passed in both chambers |
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Senate and nominations |
Although president can nominate posts they must all be approved by a simple majority in the senate. Another check |
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Legislative and war |
Constitution says only congress can declare war (done so 5 times, most recently in 1941). Additionally the senate must ratify all treaties with foreign nations |
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Congress and impeachment |
Congress has the power to impeach and remove from office the president, senior executives and judicial office holders. |
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Congress and constitutional amendments |
To pass a constitutional amendment 2/3 of both chambers of congress need to support the amendment. Out of over 1100 proposals the appropriate congressional approval has only been attained by 33 |
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What else is needed for a constitutional amendment |
Support of 3/4 of all state legislatures (so 38 states support). Happened only 27 times |
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Who is included in the judicial branch |
All federal judges |
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How long are federal judges appointed for |
life, unless impeached and convicted |
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Which court is the highest appeal court in US |
the supreme court are the highest appeal court |
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The supreme court and the consitution |
The supreme court have the highest authority on the consitution |
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What does the court do? 3 |
It applies and interprets the constitution and acts of congress. If someone challenges actions of other branches of govt the court will review these actions. Courts have power to strike down laws if unconstitutional |
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How has the judicial branch checked the decisions by the legislative branch |
supreme court has struck down acts of congress or state laws for being unconstitutional on a number of amendments |
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How many times did clinton veto and how many times overridden |
37 times (36 regular and 1 pocket) and overridden 2 times |
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How many times did bush jr veto and how many times overridden |
Vetoed 12x and overridden 4x |
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How many times had obama vetoed and how many times overidden |
Vetoed 4x and is yet to be overidden |
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Obama has nominated 2 justices to the supreme court succesfully. Who were they and how many votes were there against them in the senate |
Sonya Sotomayor in 2009 had 31 votes against her and Elena Kagan in 2010 had 37 votes against her. All votes against were republican senators, demonstrating politicization |
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Robert J Bork |
Was nominated by Reagan as a supreme court justice in 1987 however he was rejected, by a democratic majority senate, as he was seen as too conservative. "Robert Bork's America is a land in which women would be forced into back-alley abortions" |
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Salt 2 |
Salt 2 was a treaty to reduce nuclear weapons. It was signed by the president but is a example of a treaty never ratified by the senate |
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President ford and pardoning |
Pres. ford pardoned Nixon following watergate |
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President carter and pardoning |
Pardoned thousands of draft dodgers in 1997 |
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Checks and balances in relation to the war |
Constitution says only congress can declare war. However last time they did this was 1941 and since there has been many wars such as Iraq and Vietnam. Consequently meaning the pres. has used his powers as Commander and Chief of armed forces extensively |
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Name 2 presidents impeached by the House of representative who survived a senate trial |
Andrew Johnson and Bill clinton |
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IS THE CONSTITUTIONAL AMENDMENT PROCESS TOO DIFFICULT |
IS THE CONSTITUTIONAL AMENDMENT PROCESS TOO DIFFICULT
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2/3 |
support from both chambers of congress is the first step in amending the consitution |
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3/4 |
Once congress has supported a proposal 3/4 of state legislatures need to support the proposal for it to be succesful |
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7 years |
The normal time zone in which enough state legislature support can be attained after congressional support attained |
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2/3 of all states |
An alternative amendment process. First a convention needs to be called by 2/3 of states and then need 3/4 of states at convention to support. So difficult never used |
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1100+ |
Proposed consitutional ammendments |
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33 |
Number of amendments passed by the legislative branchq |
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27 |
Number of passed amendments (congress and state legislature) |
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1972-1982 |
In 1972 the legislative branch supported ERA however in its (extended) 10 year time limit it was unable to attain enough support of state legislature (35/38) |
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In relation to the US's size why is a amendment difficult to achieve? |
As US is large and therefore diverse. This polarization makes it near impossible to attain the support of 3/4 of states. E.g. cons support ban on gay marriage and burning of flag but liberal won't. |
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Electoral college |
There has been over 800 proposals to amend the electoral college system, but all have failed. Amendments have been proposed as the system often fails when the winner of the popular vote loses |
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4 arguments that the amendment process isn't too difficult |
Stop proposed anti-libertarian and unwise proposals being passed. When sufficient need they can be attained. Don't need amendments as constitution is flexible and can be applied to changing circumstances. Controversial amendments where states made it easier |
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Proposed anti-libertarian and unwise proposals |
Bush's proposed ban on legal recognition of gay marriage which failed prior to 2004 election. Many proposals to ban flag burning which would infringe freedom of speech. Balanced budget ammendment |
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Discuss the balanced budget amendment |
Was a proposed republican amendment which failed in senate by just ONE VOTE. If passed would have caused particular problems in recent recession as would have stopped borrowing money and deficit spending |
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Discuss how amendment process isn't too difficult as when their is sufficient need for a amendment it can be achieved |
Exemplified by the 25th amendment, which followed the assassination of JFK. The amendment dealt with what should happen if a pres. becomes incapacitated and replacement of vice pres. |
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Why is there often no need for a constitutional amendment |
As the constitution is flexible and can therefore be applied to changing circumstances |
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Give examples of how the constitution is flexible and therefore doesn't need to be amended |
Roe vs. wade-impied. 2003 Texas vs. Lawrence. 2005 Roper vs. Simmons cannot execute juvenilles |
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Examples of where states making their constitution easier to amend has produced controversial amendments |
California added a ban on gay marriage to their constitution with proposition 8 |
