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Politics Paper 3 > 1.2 Key features of the US Constitution > Flashcards

1.2 Key features of the US Constitution Flashcards

1
Q

4

Describe Federalism

A
  • System of ‘shared sovereignty’
  • Federal and state governments have their own areas of powers
  • Ensures that states’ rights are entrenched to account for differing cultures
  • Limits both federal and state government
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2
Q

4

Where can federalism be seen in the constitution

A
  • 10th amendment protects states’ rights
  • Role of SC as arbiter between state and federal government
  • Need for state approval in amendment process
  • Equal representation of states in Senate
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3
Q

3

Describe an example of federalism working today

A
  • Article I provides states the power to control how elections are ran
  • 2021, 19 states passed laws to restrict voting laws
  • 25 states passed laws to expand voting rights
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4
Q

3

Describe an example of federalism failing today

A
  • Obergefell v Hodges (2015) effectively legalised same-sex marriage in all states
  • This is despite 13 states ruling it illegal prior to the ruling
  • SC rulings overly binding
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5
Q

4

Describe the separation of powers in the US constitution

A
  • Division of power between 3 branches of government
  • Each hold one article in Constitution
  • Power exercised independently by each branch
  • ‘inelligibility clause’
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6
Q

3

Describe the ‘inelligibility clause’

A
  • Found in Article 1
  • Forbids a person holding office in more than one branch at a time
  • Prevents any one individual from gaining too much power
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7
Q

1

Describe an example of the separation of powers working today

A
  • 2021, Kamala Harris gave up CA senate seat to take up VP role
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8
Q

2

Describe an example of the separation of powers not working today

A
  • Paris Agreement of Climate change has not been put before Senate despite important consequences
  • Climate policy largely left up to Presidents
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9
Q

4

Describe checks and balances

A
  • The power of one branch of government to directly prevent the action of another
  • All branches can do this
  • Enforces limited government
  • In practice, there are few ‘separate’ powers that can be exercised independently
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10
Q

1

Where are checks and balances found in the US Constitution

A
  • Enumerated powers of each branch outlined in Article 1, 2, 3
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11
Q

7

List the checks by Congress on the President

A
  • Write legislation
  • Veto override
  • Power of the purse
  • Declare War
  • Impeachment of President
  • Ratify treaties (Senate only)
  • Ratify appointments (Senate only)
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12
Q

2

Describe Congress writing legislation (Congress checks President)

A
  • President’s State of Union Address outlines legislative agenda
  • Congress can amend, delay or reject legislation proposed by the President
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13
Q

1

Give an example of how Congress checks the President by writing legislation

A
  • Congress continually refused to fund Trump’s plans for a border wall
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14
Q

2

Describe veto override (Congress checks President)

A
  • Congress can override presidential veto by 2/3 supermajority in both houses
  • Supermajority difficult to achieve due to large bipartisan support required
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15
Q

2

Give examples of veto override

A
  • Obama’s final veto of the Justice Against Sponsors of Terorism Act 2016 overridden - allowed continuation of longstanding civil lawsuit by families of 9/11 victims against Saudi government
  • Trump’s veto on National Defence Authorisation Act (regarding defence budget) overriden with 81-13 majority in Senate
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16
Q

3

Describe the power of the purse (Congress checks President)

A
  • Congress has sole right to raise taxes and spend
  • Prevents President spending without consent of elected representatives
  • ‘appropriation bills’
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17
Q

2

Give an example of power of the purse

A
  • Trump proposed cutting Environemntal Protection Agency (EPA) budget by 1/3
  • House Republicans proposed cutting budget by only 6%, despite being of same party
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18
Q

3

Describe ‘appropriation bills’

A
  • bills dealing with tax and spending should originate in the House (Article 1)
  • Failure to pass appropriation bills can lead to government shutdowns
  • Consolidated Appropriations Act 2022, $1.5trn package with significant spending by Ukraine, passed with hours until deadline
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19
Q

1

Describe a limit to appropriation bills

A
  • Senate holds right to amend and must approve these bills
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20
Q

4

Describe the declaration of war (Congress checks President)

A
  • Congress the only branch that can declare war on another nation
  • Less relevant today - war not declared
  • Congress is now asked to authorise use of troops through AUMFs
  • AUMF following 9/11 used by every subsequent president until 2021 repeal

AUMF - Authorisation for Use of Military Force

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21
Q

3

Describe impeachment powers (Congress checks President)

A
  • House brings forward charges of impeachment against individual
  • Simple majority required in House
  • Formal trial in Senate and 2/3 supermajority needed for removal
22
Q

2

Describe the ratification of treaties (Congress checks President)

A
  • Treaties require 2/3 majority in Senate for ratification
  • Senate may choose to not vote on a treaty
23
Q

1

Give an example of the Senate ratifying a treaty

A
  • START (Strategic Arms Reduction Treaty) 2010 passed Senate by 71-26
24
Q

2

Describe the ratification of appointments (Congress checks President)

A
  • Applies to most Presidential appointments: federal courts, federal government departments, ambassadors
  • Senate can shape nominations through its advice
25
Q

2

Give examples of the Senate approving/rejecting cabinet appointments

A
  • Biden withdrew nomination of Neera Tanden for director of Budget Office after past tweets caused bipartisan opposition
  • Trump’s education secretary nomination, Betsy DeVos, secured approval due to tie-breaking vote of Mike Pence following 50-50 tie
26
Q

4

List the checks by Congress on the SC

A
  • Impeachment of justices
  • Propose a contitutional amendment
  • Creation of lower courts
  • Ratify juidicial appointments (Senate only)
27
Q

3

Describe the impeachment of judges (Congress checks SC)

A
  • Same process as impeaching President
  • Only one SC judge has other been impeached (in 1805)
  • Federal court judges can be impeached e.g. Thomas Porteus (District Court) found guilty of bribery and making false statements in 2010
28
Q

1

Describe the proposal of a constitutional amendment (Congress checks SC)

A
  • Can effectively overturn SC ‘unconstitutional’ ruling
29
Q

3

Describe the creation of lower courts (Congress checks SC)

A
  • Congress has power to create lower courts
  • Holds power to regulate SC’s role in hearing appeals from lower courts
  • At its extreme is known as ‘jurisdiction stripping’ wherby Congress regulates what cases SC actually hears for political purposes
30
Q

2

Give an example of jurisdiction stripping

A
  • Military Commissions Act 2006 aimed to remove SC the power to hear cases from Guantanmo Bay detainees
  • SC deemed Act unconstitutional in Bourmediene v Bush
31
Q

2

Describe the ratification of judicial appointments (Congress checks SC)

A
  • Senate can approve/shape presidential nomination to SC
  • President will choose member that reflects personal ideology - leads to huge impact on SC
32
Q

3

Describe the case of Merrick Garland

A
  • Obama nominated moderate liberal Merrick Garland in 2016 to fill vacant SC seat
  • Senate did not ratify appointment and blocked his hearings at Senate Judiciary Committee
  • Seat vacant until Trump conservative candidate Neil Gorsuch approved in 2017
33
Q

3

List the checks by the President on Congress

A
  • Suggest legislation
  • Sign/veto legislation
  • Commander in Chief of Armed Forces
34
Q

5

Describe the Presidential suggestion of legislation (President checks Congress)

A
  • President directly elected (Elec College nonwithstanding) with highest turnouts - most legitimacy
  • Campaign on policy platform
  • President has no direct legislative powers
  • President has right to address Congress at State of Union to suggest legilsative programme
  • e.g. Biden: Build Back Better Act 2021 - $3.5trn package for climate change and social policy
35
Q

3

Describe the signing and veto of legislation (President checks Congress)

A
  • Trump used veto 10 times, Obama 12 times
  • Threat of veto can force Congress to amend/drop bill
  • 75% of veto threats by Bush and Obama led to threatened legislation not passing
36
Q

4

Describe the Commander in Chief (President checks Congress)

A
  • Congress has sole power to declare war
  • But president decides stationing and movement of troops and use of military weapons
  • 2020, Trump ordered air strike on Baghdad Airport to assasinate Qasem Soleimani without congressional approval
  • Yet President may garner congressional approval to give legitimacy to actions (e.g. Obama - AUMF Syria)
37
Q

2

List the checks by the President on SC

A
  • power of pardon
  • nomination of judicial appointments
38
Q

3

Describe the power of pardon (President checks SC)

A
  • President can excuse individual for federal crime
  • e.g. 2017, Obama commuted (reduce) sentence of Chelsea Manning who had served 7 years for stealing state secrets
  • e.g. 2021, Trump commuted sentence of Steve Bannon, a key advisor to 2016 campaign
39
Q

1

Describe the nomination of judicial appointments (President checks SC)

A
  • President shapes SC through nominations
40
Q

1

List the checks by the SC

A
  • Judicial review
41
Q

3

Describe judicial review (SC checks Congress/President)

A
  • SC can declare both Congress/Presidential actions unconstitutional
  • Nulifies actions/legislation
  • Boumediene v Bush (2008)
42
Q

3

Describe Boumediene v Bush (2008)

A
  • Ruled Military Commissions Act unconstitutional
  • Allowed Guantanamo Bay detainees to challenge detention in US Courts
  • Effectively checked President and Congress at once
43
Q

3 - (4) (3) (3)

Describe the argument that checks and balances are effective

A
  • Enables separation of powers
    • ultimate check of judicial review after Congress and Presidential stages
    • e.g. Boumediene v Bush (2008)
    • prevents effective dictatorship, esp when one party controls both branches
    • ensures no branch holds disproportionate power
  • Ensures broad support
    • extensive checks through committee system
    • Over 90% of bills ‘die’ in the committee stage
    • bipartisanship and compromise needed to advance bill
  • Improves policy delivery
    • President has to work with Congress to pass legislation (e.g. Obama/Trump on healthcare)
    • policy design has input from various sources
    • prevents President passing populist legislation to win electoral support
44
Q

3 - (2) (3) (4)

Describe the argument that checks and balances are not effective

A
  • Fail to ensure separation of powers
    • partisanship over signifcant issues (e.g. abortion)
    • SC becomes quasi-political
  • Checks and balances cease when one party is in power
    • e.g. Democrats - Obamacare
    • limited checks by Congress
    • one party will dominate committee system
  • Criticism of policy delivery
    • liberals argue too many checks and balances leads to gridlock
    • hard to update legislation e.g. gun laws
    • conservatives argue limited checks and balances leads to expansion of federal govt
    • comes at expense of SC/Congress e.g. Build Back Better
45
Q

2

Describe bipartisanship

A
  • Election cycle and appts for each branch make it diifcult for one party to simultaneously control all branches
  • Some powers of Congress and amendment process require supermajorities, prompting parties to cooperate
46
Q

4

Give an example of bipartisanship working today

A
  • Bipartisan Safer Communities Act (gun contron laws)
  • Introduced by Marco Rubio (Rep - Senate)
  • modified by amendment of Chris Murphy (Dem - Senate)
  • sigend into law by Biden (Dem)
47
Q

2

Give 2 examples of bipartisanship not working today

A
  • Senate Republicans blocked further aid to Ukraine, proposed by President Biden, as part of border security dispute
  • Second impeachment trial of Trump saw Senate convict him as ‘guilty’ of inciting insurrection by 57-43, yet fall 10 short of required supermajority
48
Q

3

Describe limited government

A
  • Limited through ‘checks and balances’ and ‘separation of powers’
  • US Bill of Rights protects citizens’ rights
  • 10th amendment protects state rights
49
Q

3

Give an example of limited government working today

A
  • Trump v Vance (2020)
  • SC struck down presidential immunity
  • Stated Trump did not have absolute immunity from subpoenas directed at his private papers
50
Q

2

Give an example of limited government not working today

A
  • Biden issued eviction moratorium to initiate 60-day ban on evictions during COVID-19 Pandemic
  • despite knowing SC would strike it down

Politics Paper 3 (34 decks)

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