Define the Elastic Clause .

The Elastic Clause in Article I allows Congress to pass laws that are 'necessary and proper' to carry out its enumerated powers.

In which article is the executive power vested in the President?

The executive power is vested in the President under Article II of the Constitution.

The House of Representatives is made up of members, each representing a congressional district of roughly equal population.

The House of Representatives is made up of 435 members, each representing a congressional district of roughly equal population.

True or False? The Senate is made up of 100 members, with each state represented equally regardless of its population.

True. Every state elects two senators regardless of population, giving the Senate 100 members in total.

Define judicial review .

Judicial review is the power of the Supreme Court to declare laws or actions of the federal and state governments unconstitutional.

How many justices sit on the Supreme Court?

The Supreme Court is made up of nine justices.

Each senator serves a term, with one-third of the Senate elected every two years.

Each senator serves a six-year term, with one-third of the Senate elected every two years.

Define the power of the purse .

The power of the purse is Congress's control over taxation and government spending.

Which 2010 law was justified under the Commerce Clause despite healthcare not being explicitly mentioned in the Constitution?

The Affordable Care Act (2010) was justified under the Commerce Clause.

True or False? The Constitution clearly defines the terms 'liberty' and 'due process'.

False. These terms are not defined, which has allowed the Supreme Court to interpret rights differently over time.

In which 2015 case did the Supreme Court rule that same-sex marriage is a constitutional right?

In Obergefell v Hodges (2015) , the Supreme Court ruled that same-sex marriage is a constitutional right.

Define the Electoral College .

The Electoral College is the body of state electors, allocated to each state, that meets to elect the President.

Define the amendment process .

The amendment process is the formal method by which the US Constitution can be changed, and is outlined in Article V.

How much support is needed in both Houses of Congress to propose an amendment?

Proposing an amendment requires two-thirds support in both the House of Representatives and the Senate.

Ratification of an amendment requires approval from of the states.

Ratification of an amendment requires approval from three-quarters of the states.

True or False? A national constitutional convention called by two-thirds of state legislatures has never been used to propose an amendment.

True. This method of proposing an amendment has never been used.

How many amendments have been made in nearly 250 years of US history?

There have been only 27 amendments in nearly 250 years, which some argue shows the process is too difficult.

Define the Equal Rights Amendment (ERA) .

The Equal Rights Amendment (ERA) was a proposed amendment aimed at guaranteeing gender equality under the Constitution.

How many states had ratified the ERA by the 1979 deadline?

By the 1979 deadline, the ERA had been ratified by only 35 states .

became the 38th state to ratify the Equal Rights Amendment in 2020.

Virginia became the 38th state to ratify the Equal Rights Amendment in 2020.

Although the Equal Rights Amendment gained its 38th state ratification in 2020, it has still not been adopted due to a dispute over the ratification .

Although the Equal Rights Amendment gained its 38th state ratification in 2020, it has still not been adopted due to a dispute over the ratification deadline .

Which outdated feature does the note give as an example of the Constitution being hard to change?

The right to bear arms is given as an example of an outdated feature that remains in place.

Define ratification .

Ratification is the stage at which a proposed amendment is approved by three-quarters of the states, through state legislatures or state constitutional conventions.

Federalism is the principle of shared sovereignty, meaning power is divided between the federal (national) government and state governments.

How many branches of government may an individual sit in at any one time?

An individual can only sit in one branch of government at a time.

Define checks and balances .

Checks and balances means each branch of the federal government has the power to scrutinise and limit the actions of the other branches.

The Constitution grants the President the power of the , which Trump used to release nearly 1,600 January 6 defendants in 2025.

The Constitution grants the President the power of the pardon , which Trump used to release nearly 1,600 January 6 defendants in 2025.

True or False? Overriding a presidential veto requires a two-thirds majority in both Houses of Congress.

True. The Constitution builds in bipartisanship through super-majorities, such as the two-thirds needed to override a veto.

Define limited government .

A limited government is one that operates with restraints on its power, preventing it from becoming tyrannical.

In which 2013 case did the Supreme Court strike down Section 4(b) of the Voting Rights Act?

In Shelby County v Holder (2013) , the Supreme Court struck down Section 4(b) of the Voting Rights Act.

How did the Senate use checks and balances against the President over healthcare in 2017?

The Senate blocked Trump's repeal of Obamacare , demonstrating Congress's power to check the executive.

The Constitution builds in bipartisanship through the use of , such as the two-thirds majority needed to propose amendments.

The Constitution builds in bipartisanship through the use of super-majorities , such as the two-thirds majority needed to propose amendments.

True or False? The separation of powers can lead to gridlock, as shown by the 43-day government shutdown in 2025.

True. During divided government the separation of powers can produce gridlock, such as the 43-day shutdown in 2025.

Which amendment reserves to the states the powers not delegated to the federal government?

Amendment X reserves to the states the powers not delegated to the federal government.

Define the separation of powers .

The separation of powers means the three branches of the federal government each have their own powers, personnel and buildings.

Federalism is the system of shared sovereignty in the USA, where power is divided between the federal government and state governments, each having authority over different policy areas.

True or False? Federalism and the federal government mean the same thing.

False. Federalism describes the relationship between national and state governments, whereas the federal government refers to the three branches of national government.

Define Article VI of the US Constitution.

Article VI establishes federal supremacy, stating that the Constitution and the laws of the United States 'shall be the supreme Law of the Land'.

Define the federal government .

The federal government refers to the three branches of national government: Congress, the President and the Supreme Court.

State powers are protected by of the Constitution, which reserves undelegated powers to the states.

State powers are protected by Amendment X of the Constitution, which reserves undelegated powers to the states.

Which 2012 case confirmed federal supremacy over immigration enforcement?

Arizona v United States (2012) confirmed federal supremacy over immigration enforcement.

After which 2022 case was power over abortion laws returned to the states?

After Dobbs v Jackson (2022) , power over abortion laws was returned to the states.

True or False? US states can negotiate their own treaties and maintain their own armed forces.

False. States cannot negotiate treaties or maintain armed forces, as foreign policy and national defence are federal powers.

Through which 2021 policy did the federal government attach funding conditions to COVID-19 relief?

The federal government attached funding conditions through Biden's American Rescue Plan (2021) .

In (2023), Republican-led states successfully blocked student loan forgiveness in the Supreme Court.

In Biden v Nebraska (2023), Republican-led states successfully blocked student loan forgiveness in the Supreme Court.

Which 2021 state law altered voting access despite federal criticism?

Georgia's Election Integrity Act (2021) altered voting access despite federal criticism.

In which two years did the popular vote winner lose the presidency due to the Electoral College?

In 2000 and 2016 , the popular vote winner lost the presidency due to the Electoral College.

The Amendment protects the right to protest, seen in Black Lives Matter (2020) and the No Kings protests (2025).

The First Amendment protects the right to protest, seen in Black Lives Matter (2020) and the No Kings protests (2025).

Which 2021 Georgia law was criticised as 'Jim Crow in the 21st Century'?

Georgia's Election Integrity Act (2021) was criticised as 'Jim Crow in the 21st Century'.

True or False? Under Georgia's Election Integrity Act (2021), it became illegal to give food or water to voters waiting in line.

True. The ban on providing water was particularly controversial given long queues in predominantly Black urban areas.

Why is the age of the US Constitution used as a criticism of it?

Because it was written in 1789 and is almost 250 years old, critics argue its codified nature leaves it with outdated features that struggle to meet the needs of a modern democracy.

A LevelPoliticsEdexcelFlashcardsComparative Politics: Government & Politics of the USA (Option Unit)US Constitution & Federalism

US Constitution & Federalism (Edexcel A Level Politics): Flashcards

Exam code: 9PL0

1/81

0Still learning

Know0

FrontThe Nature of the US Constitution
Define the Elastic Clause.

Was this flashcard helpful?

Cards in this collection (81)

Define the Elastic Clause.
The Elastic Clause in Article I allows Congress to pass laws that are 'necessary and proper' to carry out its enumerated powers.
In which article is the executive power vested in the President?
The executive power is vested in the President under Article II of the Constitution.
The House of Representatives is made up of members, each representing a congressional district of roughly equal population.
The House of Representatives is made up of 435 members, each representing a congressional district of roughly equal population.
True or False?
The Senate is made up of 100 members, with each state represented equally regardless of its population.
True.
Every state elects two senators regardless of population, giving the Senate 100 members in total.
Define judicial review.
Judicial review is the power of the Supreme Court to declare laws or actions of the federal and state governments unconstitutional.
How many justices sit on the Supreme Court?
The Supreme Court is made up of nine justices.
Each senator serves a term, with one-third of the Senate elected every two years.
Each senator serves a six-year term, with one-third of the Senate elected every two years.
Define the power of the purse.
The power of the purse is Congress's control over taxation and government spending.
Which 2010 law was justified under the Commerce Clause despite healthcare not being explicitly mentioned in the Constitution?
The Affordable Care Act (2010) was justified under the Commerce Clause.
True or False?
The Constitution clearly defines the terms 'liberty' and 'due process'.
False.
These terms are not defined, which has allowed the Supreme Court to interpret rights differently over time.
In which 2015 case did the Supreme Court rule that same-sex marriage is a constitutional right?
In Obergefell v Hodges (2015), the Supreme Court ruled that same-sex marriage is a constitutional right.
Define the Electoral College.
The Electoral College is the body of state electors, allocated to each state, that meets to elect the President.
Define the amendment process.
The amendment process is the formal method by which the US Constitution can be changed, and is outlined in Article V.
How much support is needed in both Houses of Congress to propose an amendment?
Proposing an amendment requires two-thirds support in both the House of Representatives and the Senate.
Ratification of an amendment requires approval from of the states.
Ratification of an amendment requires approval from three-quarters of the states.
True or False?
A national constitutional convention called by two-thirds of state legislatures has never been used to propose an amendment.
True.
This method of proposing an amendment has never been used.
How many amendments have been made in nearly 250 years of US history?
There have been only 27 amendments in nearly 250 years, which some argue shows the process is too difficult.
Define the Equal Rights Amendment (ERA).
The Equal Rights Amendment (ERA) was a proposed amendment aimed at guaranteeing gender equality under the Constitution.
How many states had ratified the ERA by the 1979 deadline?
By the 1979 deadline, the ERA had been ratified by only 35 states.
became the 38th state to ratify the Equal Rights Amendment in 2020.
Virginia became the 38th state to ratify the Equal Rights Amendment in 2020.
Although the Equal Rights Amendment gained its 38th state ratification in 2020, it has still not been adopted due to a dispute over the ratification .
Although the Equal Rights Amendment gained its 38th state ratification in 2020, it has still not been adopted due to a dispute over the ratification deadline.
Which outdated feature does the note give as an example of the Constitution being hard to change?
The right to bear arms is given as an example of an outdated feature that remains in place.
Define ratification.
Ratification is the stage at which a proposed amendment is approved by three-quarters of the states, through state legislatures or state constitutional conventions.
Define federalism.
Federalism is the principle of shared sovereignty, meaning power is divided between the federal (national) government and state governments.
How many branches of government may an individual sit in at any one time?
An individual can only sit in one branch of government at a time.
Define checks and balances.
Checks and balances means each branch of the federal government has the power to scrutinise and limit the actions of the other branches.
The Constitution grants the President the power of the , which Trump used to release nearly 1,600 January 6 defendants in 2025.
The Constitution grants the President the power of the pardon, which Trump used to release nearly 1,600 January 6 defendants in 2025.
True or False?
Overriding a presidential veto requires a two-thirds majority in both Houses of Congress.
True.
The Constitution builds in bipartisanship through super-majorities, such as the two-thirds needed to override a veto.
Define limited government.
A limited government is one that operates with restraints on its power, preventing it from becoming tyrannical.
In which 2013 case did the Supreme Court strike down Section 4(b) of the Voting Rights Act?
In Shelby County v Holder (2013), the Supreme Court struck down Section 4(b) of the Voting Rights Act.
How did the Senate use checks and balances against the President over healthcare in 2017?
The Senate blocked Trump's repeal of Obamacare, demonstrating Congress's power to check the executive.
The Constitution builds in bipartisanship through the use of , such as the two-thirds majority needed to propose amendments.
The Constitution builds in bipartisanship through the use of super-majorities, such as the two-thirds majority needed to propose amendments.
True or False?
The separation of powers can lead to gridlock, as shown by the 43-day government shutdown in 2025.
True.
During divided government the separation of powers can produce gridlock, such as the 43-day shutdown in 2025.
Which amendment reserves to the states the powers not delegated to the federal government?
Amendment X reserves to the states the powers not delegated to the federal government.
Define the separation of powers.
The separation of powers means the three branches of the federal government each have their own powers, personnel and buildings.
Define federalism.
Federalism is the system of shared sovereignty in the USA, where power is divided between the federal government and state governments, each having authority over different policy areas.
True or False?
Federalism and the federal government mean the same thing.
False.
Federalism describes the relationship between national and state governments, whereas the federal government refers to the three branches of national government.
Define Article VI of the US Constitution.
Article VI establishes federal supremacy, stating that the Constitution and the laws of the United States 'shall be the supreme Law of the Land'.
Define the federal government.
The federal government refers to the three branches of national government: Congress, the President and the Supreme Court.
State powers are protected by of the Constitution, which reserves undelegated powers to the states.
State powers are protected by Amendment X of the Constitution, which reserves undelegated powers to the states.
Which 2012 case confirmed federal supremacy over immigration enforcement?
Arizona v United States (2012) confirmed federal supremacy over immigration enforcement.
After which 2022 case was power over abortion laws returned to the states?
After Dobbs v Jackson (2022), power over abortion laws was returned to the states.
True or False?
US states can negotiate their own treaties and maintain their own armed forces.
False.
States cannot negotiate treaties or maintain armed forces, as foreign policy and national defence are federal powers.
Through which 2021 policy did the federal government attach funding conditions to COVID-19 relief?
The federal government attached funding conditions through Biden's American Rescue Plan (2021).
In (2023), Republican-led states successfully blocked student loan forgiveness in the Supreme Court.
In Biden v Nebraska (2023), Republican-led states successfully blocked student loan forgiveness in the Supreme Court.
Which 2021 state law altered voting access despite federal criticism?
Georgia's Election Integrity Act (2021) altered voting access despite federal criticism.
In which two years did the popular vote winner lose the presidency due to the Electoral College?
In 2000 and 2016, the popular vote winner lost the presidency due to the Electoral College.
The Amendment protects the right to protest, seen in Black Lives Matter (2020) and the No Kings protests (2025).
The First Amendment protects the right to protest, seen in Black Lives Matter (2020) and the No Kings protests (2025).
Which 2021 Georgia law was criticised as 'Jim Crow in the 21st Century'?
Georgia's Election Integrity Act (2021) was criticised as 'Jim Crow in the 21st Century'.
True or False?
Under Georgia's Election Integrity Act (2021), it became illegal to give food or water to voters waiting in line.
True.
The ban on providing water was particularly controversial given long queues in predominantly Black urban areas.
Why is the age of the US Constitution used as a criticism of it?
Because it was written in 1789 and is almost 250 years old, critics argue its codified nature leaves it with outdated features that struggle to meet the needs of a modern democracy.
There have been only amendments to the US Constitution, despite nearly 12,000 proposals since 1789, suggesting the process is too rigid.
There have been only 27 amendments to the US Constitution, despite nearly 12,000 proposals since 1789, suggesting the process is too rigid.
Which 2015 case is used to show judicial review protecting minority rights?
Obergefell v Hodges (2015) guaranteed same-sex marriage nationwide, protecting minority rights.
True or False?
The ambiguity of the US Constitution has allowed the judiciary to become increasingly politicised.
True.
This is reflected in the fact that only 42% of Supreme Court decisions were unanimous in 2024-25.
Define divided government.
Divided government occurs when the presidency and Congress are controlled by different parties, as when Biden faced a Republican-controlled House after 2022.
Which amendment restricts gun control legislation despite public support?
The Second Amendment restricts gun control legislation despite public support.
Define fiscal federalism.
Fiscal federalism allows the federal government to influence state policy through conditional grants, such as COVID-19 funding in the American Rescue Plan (2021).
True or False?
The Tenth Amendment remains constitutionally protected, reinforcing the reserved powers of the states.
True.
This is used as evidence that the USA remains genuinely federal.
In which 2023 case did states block federal student loan forgiveness?
In Biden v Nebraska (2023), states blocked federal student loan forgiveness.
Define a codified constitution.
A codified constitution, such as the US Constitution, is written and entrenched in a single authoritative document.
True or False?
The UK constitution is uncodified, relying on statutes, conventions and common law.
True.
Unlike the codified and entrenched US Constitution, the UK constitution is uncodified.
What similarity between the UK and US constitutions does the US Constitution (1787) illustrate?
The US Constitution (1787) illustrates that both systems have defined legal frameworks that govern political behaviour and constrain government action.
In the UK, key statutes such as the Human Rights Act (1998) and the (2005) define parliamentary and judicial structures.
In the UK, key statutes such as the Human Rights Act (1998) and the Constitutional Reform Act (2005) define parliamentary and judicial structures.
In which 2017 case did the UK Supreme Court review executive action for its legality?
In Miller v Secretary of State (2017), the UK Supreme Court reviewed executive action for its legality.
True or False?
Both US and UK courts can strike down primary legislation.
False.
UK courts cannot strike down primary legislation, unlike the US Supreme Court.
How is the US president selected, unlike the UK prime minister?
The US president is directly elected via the people and the Electoral College, whereas the UK prime minister is the leader of the majority party.
Which 2010 case shows the US Supreme Court overturning legislation?
Citizens United v FEC (2010) shows the US Supreme Court overturning legislation.
Amending the US Constitution requires two-thirds of Congress and of the states.
Amending the US Constitution requires two-thirds of Congress and three-fourths of the states.
Define judicial review.
Judicial review is the power of courts to review legislation or executive action for its constitutionality or legality.
True or False?
In 2017–18, Westminster temporarily intervened in Northern Ireland budget issues.
True.
This illustrates that UK devolution is statutory and theoretically revocable by Parliament.
Define decentralisation.
Decentralisation is the giving of authority over key policy areas to regional or sub-national governments.
What similarity between US federalism and UK devolution does Texas' control of abortion law illustrate?
Texas' control of abortion law after Dobbs v Jackson (2022) illustrates the decentralisation of power, as both systems give regional governments authority over key policy areas.
Wales gained primary legislative powers and a reserved model of devolution under the 2017.
Wales gained primary legislative powers and a reserved model of devolution under the Wales Act 2017.
True or False?
Both US states and UK devolved administrations have revenue-raising powers.
True.
US states levy income and sales taxes, while Scotland collects income tax to fund devolved spending.
Which body can review Scottish legislation for compliance with human rights law?
The UK Supreme Court can review Scottish legislation for compliance with human rights law.
Define devolution.
Devolution is the statutory transfer of powers to sub-national governments, such as Scotland, which Westminster can theoretically revoke.
True or False?
US federalism is constitutionally guaranteed, whereas UK devolution is statutory and revocable.
True.
UK devolution was created by statute, such as the Scotland Act 1998, and can be revoked by Westminster.
In which chamber are US states formally represented, unlike UK devolved nations?
US states are represented in the Senate, whereas UK devolved nations lack equivalent formal representation.
US states have broader powers than UK devolved administrations, including law.
US states have broader powers than UK devolved administrations, including criminal law.
Which statute created Scottish devolution and is theoretically revocable?
The Scotland Act 1998 created Scottish devolution and is theoretically revocable.
True or False?
Both US states and UK devolved administrations can shape national policy debates.
True.
Texas' abortion law shapes national debates, while Scotland's push for independence impacts UK-wide constitutional discussion.

Sign up to unlock flashcards

By signing up you agree to our Terms and Privacy Policy

Previous:NationalismNext:US Congress