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What is the US Constitution?
The supreme written law establishing the federal government, its powers and limits, and the relationship between government and the states.
When was the US Constitution written and ratified?
Written in 1787 and ratified in 1788; the new federal government began operating in 1789.
Is the US Constitution codified or uncodified?
Codified: its central rules are set out in one written document, supplemented by amendments and interpretation.
What is constitutional supremacy in the USA?
The Constitution is the highest law; laws and government actions that conflict with it can be ruled unconstitutional.
What is the Bill of Rights?
The first ten amendments to the US Constitution, ratified in 1791, protecting individual liberties.
What is separation of powers?
The division of government authority among the legislative, executive and judicial branches.
What are checks and balances?
Each branch has powers to limit or oversee the other branches, preventing concentration of power.
What is federalism?
A system dividing governing powers between the national government and state governments.
What are delegated powers?
Powers expressly given to the federal government by the Constitution.
What are reserved powers?
Powers retained by the states or the people under the Tenth Amendment.
What are concurrent powers?
Powers shared by federal and state governments, such as taxation.
What is the Supremacy Clause?
Article VI makes the Constitution, federal laws and treaties supreme over conflicting state laws.
What is the Necessary and Proper Clause?
It allows Congress to make laws needed to carry out its enumerated powers; also called the elastic clause.
What does the Commerce Clause do?
It gives Congress power to regulate commerce with foreign nations, between states and with Native American tribes.
How can the US Constitution be amended?
By proposal through two-thirds of both Houses or a convention called by two-thirds of states, then ratification by three-fourths of states.
Why is the US amendment process considered difficult?
It requires broad supermajorities at federal and state levels, making formal change rare.
What is the First Amendment?
Protects religion, speech, press, assembly and petition.
What does the Second Amendment protect?
The right to keep and bear arms, subject to constitutional interpretation and regulation.
What does the Fourth Amendment protect?
Protection against unreasonable searches and seizures, including warrant requirements in many circumstances.
What does the Fifth Amendment protect?
Rights including due process, protection against double jeopardy and self-incrimination, and compensation for takings.
What does the Sixth Amendment protect?
Rights of criminal defendants, including a speedy public trial, impartial jury, counsel and confronting witnesses.
What does the Eighth Amendment prohibit?
Excessive bail and fines, and cruel and unusual punishments.
What does the Fourteenth Amendment establish?
Citizenship, due process and equal protection guarantees against state action.
How does the Constitution protect civil liberties?
Through the Bill of Rights, later amendments, constitutional limits and Supreme Court interpretation.
What is one strength of a codified constitution?
It provides a clear written framework and allows courts to test government action against it.
What is one criticism of the US Constitution?
Its age, difficult amendment process and broad wording can create disputes over interpretation.
How does federalism affect policy?
States can adopt different policies, creating variation and opportunities for policy experimentation.
What is one tension in federal-state relations?
Disputes arise over the boundaries of federal and state authority, funding and national standards.
What is the US Congress?
The bicameral federal legislature, consisting of the House of Representatives and the Senate.
How many voting members are in the House of Representatives?
435 voting representatives, apportioned among states by population.
How many senators are there?
100 senators: two from each state.
How long is a House of Representatives term?
Two years; all seats are contested every two years.
How long is a Senate term?
Six years, with approximately one-third of seats contested every two years.
What are the main powers of Congress?
Legislation, taxation and spending, oversight, declaring war, confirming appointments in the Senate and other constitutional powers.
What is the power of the purse?
Congressional authority to tax, spend and approve federal government funding.
What is congressional oversight?
Congress monitors the executive through hearings, investigations, subpoenas, reports and budget scrutiny.
What is the committee system in Congress?
A system of specialist committees that examine bills, investigate issues and oversee departments.
What are standing committees?
Permanent committees specialising in policy areas, such as defence, finance or agriculture.
What are select committees?
Committees established for a specific purpose or investigation, often for a limited period.
What are conference committees?
Temporary committees that reconcile different versions of a bill passed by the House and Senate.
What is the role of the Speaker of the House?
The presiding officer who manages House proceedings and has significant influence over its agenda and party strategy.
What is the role of the Senate majority leader?
The leading spokesperson and agenda manager for the majority party in the Senate.
How does a bill become federal law?
It must pass both chambers in identical form and be presented to the president for signature or veto.
How can Congress override a presidential veto?
By a two-thirds vote in both the House and Senate.
What is the Senate's advice and consent role?
The Senate confirms many presidential appointments and ratifies treaties with a two-thirds vote of senators present.
What is the House's unique role in impeachment?
The House has the sole power to impeach, effectively bringing charges against federal officials.
What is the Senate's role in impeachment?
The Senate holds the trial; conviction and removal require a two-thirds vote of senators present.
Why is the House considered more directly representative?
Its members represent smaller population-based districts and face voters every two years.
Why is the Senate considered to represent states?
Each state has equal representation regardless of population, and senators serve six-year terms.
What is gerrymandering?
Drawing electoral district boundaries to advantage a political party or group.
How can party polarisation affect Congress?
It can make compromise harder, increase partisan voting and contribute to legislative gridlock.
How does Congress check the president?
It controls funding, legislates, investigates, confirms appointments, ratifies treaties and can override vetoes.
How can the president influence Congress?
Through veto threats, party leadership, public appeals, negotiation and control of executive priorities.
How can the Supreme Court affect Congress?
It can interpret laws and invalidate legislation that violates the Constitution.
What can limit congressional effectiveness?
Party polarisation, divided government, leadership conflict, filibusters in the Senate and electoral pressures.
What is the executive branch?
The branch responsible for enforcing laws and administering federal government, led by the president.
What is the president's constitutional basis?
Article II of the US Constitution establishes the presidency and outlines executive powers.
What is a formal presidential power?
A power expressly granted by the Constitution or federal law, such as vetoing bills or serving as commander-in-chief.
What is an enumerated presidential power?
A power explicitly listed in Article II, such as appointing ambassadors and vetoing legislation.
What is an inherent presidential power?
A power claimed to arise from the nature of the executive role, often justified by constitutional responsibilities.
What is an informal presidential power?
Influence not explicitly listed as a constitutional power, such as agenda-setting, persuasion and party leadership.
What does commander-in-chief mean?
The president is the civilian head of the US armed forces.
What is the presidential veto?
The president can reject a bill passed by Congress, subject to a possible congressional override.
What are executive orders?
Directives issued by the president to manage the federal executive, which must rest on constitutional or statutory authority.
What is an executive agreement?
An international agreement made by the president, generally without the Senate's treaty-ratification process.
What is the Executive Office of the President (EOP/EXOP)?
A group of agencies and advisers supporting the president and coordinating executive policy.
What is the Cabinet?
The heads of major executive departments and other senior officials who advise the president.
What is the federal bureaucracy?
The departments, agencies and officials that implement federal laws and policies.
What is the imperial presidency?
The argument that presidential power has expanded excessively, weakening effective checks by Congress and other institutions.
What is the imperilled presidency?
The argument that presidents are constrained by Congress, courts, bureaucracy, parties, media and public opinion.
What is divided government?
A situation where the presidency and at least one chamber of Congress are controlled by different parties.
How does unified government affect presidential power?
A president's party controls both chambers, which may make legislation and appointments easier, though divisions remain possible.
How can public opinion constrain a president?
Low approval or public opposition can reduce political leverage and make congressional support harder to secure.
How can the Supreme Court constrain a president?
It can rule executive actions unlawful or unconstitutional through judicial review.
How can the media affect presidential power?
Media scrutiny can shape public perceptions, expose controversies and influence the political agenda.
What did FDR's creation of the Executive Office of the President demonstrate?
The growth of presidential staff and institutions expanded the capacity to coordinate and direct executive policy.
What did the Cuban Missile Crisis demonstrate about JFK?
It illustrated presidential leadership and decision-making in a major foreign-policy crisis, alongside advice and institutional constraints.
What is the significance of party control of Congress for a president?
It can affect the passage of legislation, budgets, confirmations and the intensity of oversight.
What is presidential persuasion?
The president's use of negotiation, public appeals and political bargaining to secure support for policies.
Why does presidential power wax and wane?
It varies with crises, election mandates, approval ratings, party control of Congress, political skill and institutional opposition.
What is the US Supreme Court?
The highest federal court, with final authority on federal constitutional questions and appeals within its jurisdiction.
How many justices sit on the US Supreme Court?
Nine justices: one Chief Justice and eight Associate Justices.
How are Supreme Court justices appointed?
The president nominates a justice and the Senate considers and votes on confirmation.
How long do Supreme Court justices serve?
They hold office during good behaviour, effectively life tenure unless they retire, resign or are removed.
Why is life tenure important?
It helps protect judicial independence by reducing pressure from elections and political retaliation.
What is judicial review in the USA?
The power of courts to determine whether laws or government actions comply with the Constitution.
Which case established the principle of judicial review?
Marbury v. Madison (1803).
What is judicial activism?
An approach in which judges are willing to interpret the Constitution broadly and play an active role in shaping legal and policy outcomes.
What is judicial restraint?
An approach favouring limited judicial intervention and deference to elected branches where possible.
What is strict constructionism?
A narrow approach to interpreting constitutional text, emphasising its specific wording and original meaning.
What is loose constructionism?
A broader approach that interprets constitutional provisions flexibly in light of changing circumstances.
What is originalism?
An approach seeking to interpret constitutional meaning according to its original public meaning at the time of adoption.
How does the Supreme Court protect rights?
By interpreting constitutional guarantees and striking down laws or actions that violate them.
How can the Supreme Court shape public policy?
Its constitutional interpretations can establish binding rules affecting government and society.
What did Brown v. Board of Education (1954) decide?
State-mandated racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment.
Why was Brown v. Board of Education significant?
It rejected the separate-but-equal doctrine in public education and advanced school desegregation.
What did Miranda v. Arizona (1966) establish?
Police must inform suspects in custody of key rights, including silence and legal counsel, before interrogation.
What did Roe v. Wade (1973) decide?
It recognised a constitutional right to abortion under the privacy doctrine; it was overturned by Dobbs in 2022.
What did United States v. Nixon (1974) establish?
Executive privilege is not absolute; the president had to comply with a criminal trial subpoena for evidence.
What did Texas v. Johnson (1989) decide?
Burning the US flag as political protest was protected symbolic speech under the First Amendment.