Karteikarten
Constitution flashcards
Karten in diesem Stapel (11)
- 1BackgroundWritten in 1787 in Philadelphia by the Founding Fathers
Worlds oldest written constitution
Influenced by political theorists such as Locke & Montesquieu
1 single document, 7,000 words in 7 articles & 27 amendments - 2What is a constitutionAuthoritative set of rules to establish the role, powers & function of the institutions of government (judiciary, legislature, executive) & the relationships between them
Also to define the relationship between the state and citizens
Can be written and unwritten, codified or uncodified - 3Why is it so important?It's fundamental law - has constitutional sovereignty, unlike UK parliamentary sovereignty
Source & limitation on government power - enough to be strong & effective but protects individual liberties of citizens against abuse of that power
Balances need for strong federal government & autonomy for states
Codified meaning written in a single document unlike UK which is written & unwritten in various - 4Key principles 1. Representative & accountable governmentThrough fixed term elections:
Presidents every 4 years
House of Reps every 2 years
Senate not directly elected yet!! from 1913 every 2 years for 1/3 meaning you're a Senator is for 6 years - 5Key principles 2. Separation of powersThree separate branches of government (legislature, executive & judiciary)
Separated in first three articles of the constitution
The powers of each branch are subject to checks & balances by the other two bodies - 6Key principles 3. Federal governmentFederal government structure where power is divided between federal government in Washington & individual states
- 7Key principles 4. Limited governmentBy giving citizens inalienable & entrenched rights in the Bill of Rights (first 10 amendments) added in 1791
Linked to framers' view that "the government is best that governs least"
Wanted to avoid concentrated power & tyranny - 8Separation of powers detailPrinciple adopted from Montesquieu who said to avoid tyranny it was needed to fragment power of government through a separation of powers so each function of government (passing laws, executing laws, adjudication on laws) should be exercised by a different branch
Implies there should be independence & separation of personnel eg Obama & Kerry had to give up Senate seats when they became President & Secretary of State - 9interdependence not separation?Theory implies the interdependence of branches of government through checks & balances, particularly the legislative & executive branches
American political scientist described the American political system not as a "separation of powers" (which would mean nothing could ever work) but as "separate institutions sharing powers" where power is very difficult to exercise but the branches have to work together to get things done - 10An incomplete separationThe separation of personnel is not absolute & there are a couple of overlaps
The vice-president is officially the president of the Senate & can cast a tie breaking vote eg Dick Cheney used this power eight times between 2001 & 2009
The president can issue presidential pardons to convicted offenders (a judicial function) eg Gerald Ford (Republican president) issued Richard Nixon (previous Republican president) with a presidential pardon in 1974 - 11Checks & balances- Congress has legislative power which is checked by the presidential veto eg Obama vetoed bill which allowed families of 9/11 victims to sue Saudi Arabia
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- A level Government & Politics Karteikarten am Constitution flashcards, erstellt von Angelica Tsapparelli am 11/04/2017.
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- Angelica Tsapparelli
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