1.2 - The Key Features of the US Constitution

Question 1

Separation of powers definition

Answer 1

A theory of government whereby political power is distributed among the legislature, the executive, and the judiciary, each acting both independently and interdependently

Question 2

What is the ineligibility clause of Article 1?

Answer 2

The clause decreeing that no person could be in more than one branch of the federal government EG when KH was elected VEEP in 2020, she had to resign from the Senate

Question 3

Intricacies of the separation of powers

Answer 3

Separation of powers is misleading - it is the institutions of government that are separate, not the powers - the US system is a government of separated institutions sharing powers

Question 4

Example of the separation of powers in actions

Answer 4

For Obamacare to become and remain law, all branches of gov had to agree for each has a shared power - both houses of Congress had to pass the Bill through Congress, the President needs to sign it into law, and the SC needs to uphold its Constitutionality which it did most recently in the California v Texas case in 2021

Question 5

Checks and balances definition

Answer 5

The checks and balances system in the US is a system of government that gives each branch the means to partially control the power excised by other branches

Question 6

Legislative checks on the executive branch

Answer 6

• Can override presidential veto - Obama’s veto of the Justices Against Sponsors of Terrorism Act in 2016 - but Congress only overridden 5% of Pres vetoes in history
• Confirms executive appointments - can reject appointments - EG 1987 rejection of Reagan’s nominee Robert Bork
• Ratifying treaties (or not) EG rejecting the Comprehensive Test Ban Treaty in 1999 (Pres can bipass this with executive agreements with foreign nations EG Obama signing JCPOA with Iran)
• Appropriates money - rejecting a budget submitted by the Pres - EG 2018 rejection of Trump budget that led to a gov shutdown for 35 days - longest in US history
• Impeach and remove a Pres - House brings the case and Senate conducts the trial - EG Clinton 98, Trump 2019 and 2021 - all acquitted by the Senate - threat of impeachment against Nixon in 74 led to him resigning

Question 7

Legislative checks on judicial branch

Answer 7

• Can impeach and remove judges - eight members of the judiciary have been successfully impeached EG Thomas Porteous in 2010
• Can approve constitutional amendments to overrule judicial decisions - EG SC declaring federal income to be unconstitutional but Congress passing the 16th amendment which was ratified in 1913 saying federal income was legal

Question 8

Executive checks on legislative branch

Answer 8

• Can veto legislation - EG May 2020, Trump vetoed the Iran War Powers regulation which would have limited the Pres’ ability to wage war against Iran - since overrides are very rare this is a powerful took
• Use executive agreements to undermine treaty power of Congress - EG Obama signing JCPOA with Iran - however these can also be undone by future Preses EG Trump taking the US out of JCPOA and the Paris agreement, though Biden later reversed the latter again

Question 9

Executive checks on judicial branch

Answer 9

• Appoints federal judges - Appoints 9 lifetime judges to the SC bench - on average a Pres gets on appointment per term - if lucky can stack the bench with judges of a particular ideology EG Trump appointing three SC judges during his term in office
• Can pardon federal offenders - presidential pardon can overturn the judgements of the judiciary EG Ford pardoning Nixon in 1974

Question 10

Judicial checks on legislative branch

Answer 10

• Can declare Acts of Congress unconstitutional - EG in 2013 in United States v Windsor, the SC declared the Defence of Marriage Act (1996) unconstitutional

Question 11

Judicial checks on executive branch

Answer 11

• Can declare executive actions unconstitutional - this is done through judicial review EG in 2014 in National Labour Relations Board v Noel Canning the SC ruled that Obama had acted unconstitutionally in making appointments to the national labour relations board without the Senate’s approval

Question 12

What is bipartisanship?

Answer 12

Close cooperation between the two major parties to achieve desired political goals - in the US system of government it may be crucial for political success

Question 13

Instances of bipartisanship

Answer 13

Republican Pres Bush George W Bush (Bush 43) managed to achieve his education reforms in 2001-2002 through close cooperation with leading Democrats such as Senator Edward Kennedy

Question 14

What is divided government?

Answer 14

When the presidency is controlled by one party, and one or both houses of Congress are controlled by the other

Question 15

What does divided government lead to?

Answer 15

Divided government is more common than not in recent times and it can lead to deadlock in Congress where legislation simply can’t be passed due to a lack of cooperation and bipartisanship - EG the 112th, 113th, 114th, and 116th Congresses passing the fewest laws on record during times of divided government

Question 16

Instances of cooperation within divided government?

Answer 16

CARES Act 2020 under Trump passed during divided government which saw Congress grant %2.2 trillion of economic stimulus to the economy post pandemic

Question 17

What is federalism?

Answer 17

The theory of government by which political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction

Question 18

What is limited government?

Answer 18

The principle that the scope of federal government should be limited to that which is necessary for the common good of the people