| What is a Constitution? | -Refers to where Principles and Practices outline how the Political System runs, where Power is located, and the Relationship between the Government and those Governed |
| When was the US Constitution ratified? | -In 1787, the USCON was created. Between 1787 and 1790, the 13 Former British Colonies were Transformed into the Sovereign Country of the United States of America. |
| How is the US Constitution set out? | -7000 Words is the Total Word count, making it quite Short and Vague in some Sections
-It is divided into 7 Articles, with 27 Amendments included.
-Outlines the Powers of each Branch of Government, and how the USA would operate as a Democracy |
| What are Enumerated Powers? | -These are powers that the Constitution lies out Explicitly, and given to a Branch of Government. E.g: Congress can Impeach the President |
| What are Implied Powers? | -These are powers that are Interpreted from the Language that the USCON provides. The Branch of Government exercises it, without it being completely Explict
-An example: the 'Necessary and Proper' Clause allows Congress a much Greater Scope over what laws it may Pass, than is Explicitly laid out. Executive Orders are also another Example. |
| The USCON being Entrenched does what? How can it be changed? Where does it state for the Amendment Process? | -This makes the USCON hard to change
-To Change it requires a Supermajority for any Formal Amendment to be added. This is quite Hard, which is why such few Amendments have been added in its 200+ years lifespan
-Article V (5): Outlines the Amendment Process |
| What are the Main Enumerated Powers of Congress? (Article I) | -All Legislative Power, Power to lay and collect Tax, Regulate Commerce, Coin Money, Declare War, Override President Veto, Impeach, Investigation, Treaties Ratification, Appointments (In Article II) |
| What are the Main Enumerated Powers of the President? (Article II) | -Recommend Legislation, Sign or Veto Legislation, Commander in Chief, Nomination of Judges, Pardon |
| What are the Main Enumerated Powers of the SCOTUS? (Article III) | -Judicial Power |
| What was the USCON aim with the 3 Branches of Government? | -Not one Branch is too Powerful in the US Political System
-All branches have Effective Checks and Balance systems in Place for the other Branches |
| What does Article IV, V, VI, VII deal with? | -Article IV: Role of the States
-Article V: Amendment Process
-Article VI: Supremacy of the US Constitution to the other Laws
-Article VII: Requirements of Ratification of the Constitution |
| How can an Amendment to the USCON be done? | -Firstly the Federal Level: It can be done with 2/3 of Each House of Congress voting to a Proposed Amendment OR 2/3 of the States call a National Constitutional Convention calling for an Amendment.
-Then the States Level: 3/4 of the State Legislatures voting to Ratify the Amendment OR 3/4 of the States holds Constitutional Conventions and Vote to Ratify the Amendment |
| Brief go through the Development of the Amendments to the USCON | -Bill of Rights (1-10) protects Freedoms such as Speech, Religion and from Cruel and Unusual Punishments. And reserves all other Powers not mentioned in the USCON to the States
-12th, 20th, 22nd, 25th clarifies the Presidential Election and Succession Procedures
-13rd-15th: The Civil War Amendments. Ensures that Freed Slaves are treated Equally under the Constitution
-16th: Allows Congress to Raise Income tax, and the Only Amendment to Overturn a SCOTUS ruling
-17th: Changes the role of Senator to being Electable and not Appointed
-18th: Banned the Production and Sale of Alcohol.
-21st: Overturned the 18th
-19th & 26th: Changed Voting Requirements, removed Gender Requirements and lowered the Voting Age to 18 |
| What are the Advantages of the Amendment Process? | -Requirements of the Supermajorities need Broad Support of the US Population of the Amendments
-Protects the Constitution from being Changed by a Short-Lived Opinion
-Prevents Tyranny of the Larger States over the Smaller States. The Smaller States have huge influence in this Process. States also ensure they have the Final Say in any Amendment Process
-This Works |
| What are the Disadvantages of the Amendment Process? | -The Supermajority makes it Difficult to pass Amendments, making the USCON outdated
-Because of the Requirements of the Supermajority, Minority Interests may be Ignored.
-Mistakes have been made with the 18th and 21st
-It is quite possible for a Small Number of States with little Populations to block the Amendment Process, even if there is Broad Consensus |
| What is a Principle, when referring to the USCON | -Basic Idea of Belief which sketchers the Framework for American Democracy and is embedded within the USCON |
| What is a Federal Government? Refer to America | -A Federal Government refers where 2 Levels of Government exists with their Own Powers
-In America, there is the 'Federal' (National) Government and the State Government |
| What does Federalism mean? | -Refers to the Principle of Sovereignty being shared between the National / Federal Government and the States. Each level has their own Power and Responsibility |
| How does the USCON protect the Power of the States | -The Tenth Amendment: All Reserved Powers goes to the State. This includes: Education, Criminal Law, Health and Safety, Family Law and Transportation
-States can control how the Election are run in their States
-The Amendment Process needing the Consent of the States
-States had Appointed their Senators, until 1913 |
| How does the USCON protect the Power of the Federal Government | -Enumerated Powers in Article I, II, III
-Implied Powers like the 'Elastic Clause'
-Power to Raise Taxes so that the Fed Government is Funded |
| What does the 10th Amendment Power State? | -The Powers not Delegated to the US by the Constitution, nor Prohibited by it to the States, are Reserved to the States respectively, or to the People |
| What is the Separation of Powers? | -Refers to the Division of Government into Separate Bodies. In the USA it is Separated to the: Legislature (Congress) - Executive (President) and Judiciary (Supreme Court)
-Each branch has its own Powers, Personnel and Buildings |
| Why did the Founding Fathers create the Separation of Powers? | -To Ensure that America did not face tyranny that it did from the British
-Making sure that one branch did not hold Too Much Power, and encouraged Cooperation between the Branches
-An Example: Jeff Sessions stepped down as US Senator to become Trump's Attorney General |
| Why did the Founding Fathers create Checks and Balances between the Branches? | -This was to ensure that 1 Branch is not too Powerful from the rest |
| What Checks do Congress have? | -Can Override the Presidential Veto with a 2/3 Supermajority in both the House and the Senate
-'Power of the Purse' - The House, as it represents Taxpayers, Controls the Budget and thus the Money the President is Allocated
-Senate can Ratify or Reject Treaties and Appointments put to them by the President
-Congress can Impeach the President for Egregious reasons |
| What Checks does the President have? | -Veto any Legislation from Congress
-Recommend Legislation from the State of the Union Address
-Power of the Pardon
-Nominating Fed Offices and Justices |
| What checks does the Supreme Court have? | -Judicial Review |
| What does Limited Government mean in terms of the USCON? | -Refers to the Government being Subject to Restrictions placed on its Actions and Powers |
| Why did the Founding Fathers want a Limited Government? | -The Idea was to create a Government that would not tread on the Freedoms of its Citizens or States.
-Within the USCON, there are Requirements that can Stop the Fed Gov from acting in however it Wishes. |
| How is there Limited Government in place? | -The Separation of Powers and Numerous Checks and Balances ensures the Government is never too Powerful
-Bill of Rights protects Basic Freedoms of American Citizens, which may not be Explicitly laid out in the USCON. The 9th Amendment is a Prime Example
-States rights and Powers are intact and Strong |
| What did the Founding Fathers think about Political Parties? | -The Founding Fathers were not much in Favour of Political Parties, but some believed it would occur Inevitably.
-The word: Bipartisanship does not show up at all in the USCON |
| How does the USCON talk about Bipartisanship, even though it is Never Mentioned? | -Staggered Election Cycle, in the House every 2 Years, 1/3 of Senators evert 2 Years and Presidents every 4 Years allows Different Parties to control Different Branches of Government
-Supermajorities in the Amendment Process and the Overriding Veto needs Party Cooperation.
-Checks and Balances in the USCON that for anything to be Achieved, the Different Branches must work Together |
