The Constitution: Questions.

27 October 2023
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What is the difference between unitary, confederal and federal forms of government?
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A unitary form of government is one in which political power rests with one central/national government. A confederal form of government in one in which virtually all political power rests with the individual states, and very little with the central/national government. A federal form of government is one in which some political power rests with the national (or federal) government but other, equally important, powers rest with the state governments.
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Give three examples of compromises in the Constitution.
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Allocation of national government and state government powers; representation of the states in Congress; method of choosing the president.
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What is a codified constitution?
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A constitution that consists of a full and authoritative set of rules written down in a single text.
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Give two examples of the vagueness of the Constitution.
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The 'general welfare clause'; the 'necessary and proper clause'.
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Give two examples of things to do with US government and politics which are not mentioned in the Constitution.
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Presidential primaries; congressional committees; the president's cabinet; the Executive Office of the President; the Supreme Court's power of judicial review.
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Define the doctrine of the separation of the powers.
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A theory of government whereby political power is distributed among three branches of government - the legislature, the executive and the judiciary - acting both independently and interdependently.
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What is meant by limited government?
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A principle that the size and scope of federal government should be limited to that which is necessary for the common good of the people.
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What is meant by checks and balances?
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A system of government in which each branch - legislative, executive and judicial - exercises control over the actions of the other branches of government.
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Complete this quotation: "separated institutions, sharing __________".
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Powers.
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What is meant by decentralisation?
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The principle by which government and political power are vested not only in the federal government, but also in the state governments.
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What is meant by states' rights?
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Literally, the rights, powers and duties of the state governments, but often used to denote opposition to increasing the federal government's power at the expense of that of the states.
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What do the first three articles of the Constitution talk about?
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Article I: the legislature, including the powers of Congress; Article II: the executive, including the powers of the president; Article III: the judiciary.
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What are the first ten Amendments to the Constitution called?
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The Bill of Rights.
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Give brief details of two subsequent Amendments to the Constitution.
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Amendment XIV: guarantees of 'equal protection' and 'due process' applied to all states; Amendment XVI: Congress given power to tax income; Amendment XVII: direct election of senators; Amendment XXII: two-term limit for president; Amendment XXV: presidential disability and succession.
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How can constitutional Amendments be proposed?
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Either by Congress with a two-thirds majority in favour in both houses, or by a national Constitutional Convention called at the request of two-thirds of the state legislatures. The latter has never been used.
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How can constitutional Amendments be ratified?
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Either by three-quarters of the state legislatures or by three-quarters of the states holding a Constitutional Convention. The latter has been used only once - to ratify Amendment XXI in 1933.
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Give two examples of proposals that have failed.
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To require the federal government to pass a balanced budget; to impose term limits on members of Congress; to forbid desecration of the American flag.
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Give the five reasons why there have been so few constitutional Amendments.
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The Founding Fathers created a deliberately difficult Amendment process; the vagueness of the Constitution, which has allowed the document to evolve without the need for formal Amendment; the Supreme Court's power of judicial review; the reverence with which the Constitution is regarded, which makes many politicians cautious of tampering with it; the experience of Amendment XVIII, regarding the prohibition of alcohol, which was repealed (by Amendment XXI) just fourteen years later.
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What are constitutional rights?
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The fundamental rights guaranteed by the federal Constitution, principally in the Bill of Rights - the first ten Amendments - but alsi in subsequent Amendments.
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What is the role of Congress in facilitating those rights?
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Can pass laws to facilitate these rights as well as, through its committee system and investigative powers, call the executive branch to account regarding the way in which it implements the laws which Congress has passed.
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What is the role of the executive branch in facilitating these rights?
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Needs to implement the laws and programmes which Congress passes and establishes in order to ensure that legislation is followed by delivery.
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Give an example of where the Supreme Court did not safeguard a constitutional right.
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Dred Scott v. Sandford (1857); Plessy v. Ferguson (1896).
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Give an example of where the Supreme Court has safeguarded a constitutional right.
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Abortion rights for women (Roe v. Wade); rights of arrested persons (Gideon v. Wainwright and Miranda v. Arizona); rights of racial minorities (Brown v. Board of Education of Topeka); gun rights (DC v. Heller).
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Give an example of where the Supreme Court has back-tracked on a constitutional right.
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Gratz v. Bollinger (2003); Gonzales v. Carhart (2007).