1.2 The key features of the US Constitution

Question 1

What 3 key principles form the US constitution

Answer 1

• The separation of powers
• Checks and balances
• Federalism

Question 2

How did the founding fathers feel about the three branches of govenrment?

Answer 2

• Equal yet independent branches

Question 3

Checks by president on Congress

Answer 3

Vetoing bills passed by congress

e.g. Obama regular vetoed 12 times

Question 4

What is the state of the union address

Answer 4

presidents opportunity to lay out their legislative agenda

Question 5

How many times did Obama use his regular veto

Answer 5

12 times in his 8 years of office, including in 2016 when a bill would’ve rescinded parts of his healthcare reform

Question 6

What checks does the president have on the courts

Answer 6

2 significant checks

• President nominates all federal judges to the trial courts, appeal courts and the supreme court
• Power of Pardon

Question 7

Who did Trump appoint onto the SC?

Answer 7

Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch

Question 8

What is another example of the president’s power of pardon?

Answer 8

Trump pardoned 4Blackwater contractors jailed for massacre of Iraqis in 2007, killing 14

Question 9

What is an example of the president’s power of pardon?

Answer 9

In 1974, president Ford pardoned his predecessor, president Nixon, for any crimes he may have committed in the Watergate affair.

Question 10

What are congress’ checks on the president?

Answer 10

Congress excersises 8 significant checks on the president:

1. • Congress can amend, block or reject items of legislation recommended by the president
2. Congress can override the presidents veto
3. Congress has the ‘power of the purse’
4. Congress has the power to declare war
5. Power to ratify treaties negotiated by president
6. the power to confirm many appointments to the Exec and Judicial branch
7. Imvestigation through committees

Question 11

When has congress blocked/amended legislature from the presidency?

Answer 11

In 2010 Obamas healthcare reform bill passed significantly amended - congress blocked Obamas attempt at immigration reform and every proposal he made on gun control

Question 12

How can congress override the presidents veto?

Answer 12

It needs a 2/3rd majority in both houses

Question 13

Whats an example of congress overriding presidents veto

Answer 13

2016: Obamas vetoed the Justice against sponsors of terrorism act - would have allowed victims of 9/11 to sue saudis

Question 14

What is the ‘power of the purse’

Answer 14

All the money president wants to spend on presidents policies must be voted by congress –> will significantly curtail what the president can do in domestic and foreign policy

Question 15

How has congress used power of the purse to limit power of president?

Answer 15

In 2007, Democrat controlled congress attempted to limit Bush’s spending in military operations in Iraq

Question 16

When has the power to declare war last used?

Answer 16

War on Japan in 1941

Question 17

How is the power to declare war used to limit presidents power?

Answer 17

Congress has successfuly forced presidents to seek specific authorisation before committing trops to situations where hostilites are likely

Question 18

Whats an example of congress limiting Presidents role in foreign policy with troops deplotment?

Answer 18

Bush gained specific aithoirisation from congress to use military force in Iraq

Question 19

How has the congressional power to ratify treaties negotiated by the president limited presidents power?

Answer 19

Senate rejected the comprehensive test ban treaty - required a super majority
But in 2010 - Senate ratified START treart with Russia

Question 20

Whats a check the senate alone holds over congress?

Answer 20

Appointments to the executive branch and to the federal juficiary

Question 21

What is an example of the senate blocking a presidential appointment to the supreme court

Answer 21

1987 - Robert Bork (42-58)

2016 - Merrick Garland - senate refused to proceed with confirmation hearings

Question 22

What is an example of the senate blocking a presidential appointment to the executive

Answer 22

John Tower as secretary of defense-

1989 - 47-53

Question 23

What check can congressional committtees use over congress?

Answer 23

Investigation

Question 24

Whats an example of investigations congress has held over the executive?

Answer 24

No fewer than 7 congressional committtes held over terrorist attack on American diplomatic compound in Benghazi. - effect on Hilary Clinton secretary of state at the time

Question 25

What is the ultimate check congress has over the executive?

Answer 25

Impeachment - congress may impeach any member of the executive branch including the president

Question 26

How many presidents have been impeached by congress

Answer 26

2 - Andrew Johnson (1868)

- Bill Clinton (1998)

Question 27

What does it take for impeachment?

Answer 27

Simple majority in HoR who have the power of impeachment,

the senate then conducts a trial - requires super majoirty and can remove president from office

Question 28

What happened with Nixons case?

Answer 28

He residned rather than face near certain impeachment by house and conviction by senate

Question 29

What checks has congress got over the courts?

Answer 29

2 main ones:

• Power of impeachment, trial and removal from office
• Congress can propose constitutional amendments to overturn a decison made by the SC

Question 30

Whats an example of Congress removing judges?

Answer 30

1986-9 - Congress removed 3 federal judges from office for tax evasion, bribary and purjery
2010 - HoR impeached federal judge Thomas Porteous for corruption

Question 31

Whats an example o congress overturning a decision by the SC through amendment?

Answer 31

1896 - Federal court declared federal income tax unconstitutional - 16th amendment forced through in 1913

Question 32

Whats an example of congress failing overturning a decision by the SC through amendment?

Answer 32

Flag burning and prayer in public schools

Question 33

What checks do the courts have on congress?

Answer 33

One huge power over congress: Judicial review

Question 34

What is judicial review

Answer 34

The power of the court to declare acts of congress to be unconstitutional and therefore null and voice

Question 35

Whats an example of judicial review used by SC to pressure Congress?

Answer 35

In 2013 - US v Windsor declared Defense of Marriage (1996) unconstitutional

Question 36

What checks do the courts have on the president?

Answer 36

Judicial review again bro

Question 37

Whats an example of judicial review used by SC to pressure the exec/president?

Answer 37

State of Washington v Donald J Trump (2017) - federal courts put teporary restraining order on Trumps exec order that banned people from 7 muslim countries

Hamdan v Rumsfeld (2006) - sc declared military commision set up by Bush administration in Guantanemo Bay unconstitutional

Question 38

What is bipartisanship

Answer 38

Close cooperation between the two major parties to achieve desired political goals

Question 39

What is divided gov’t?

Answer 39

When presidency is controlled by one party and one or both houses of congress controlled by the other party

Question 40

Whats an example of bipartisanship?

Answer 40

George Bush in 2001-02 tryna achieve his education reforms when working with leading congressional democrats such as Senator Edward Kennedy

Question 41

What happens a lot when there is divided gov’t?

Answer 41

Gridlock - most president accuse senate of rejecting or blocking judicial nomiations for partisan reasons
- > causes federal trial and appeal courts with unfilled posts for months and years

Question 42

What is bipartisanship

Answer 42

Close cooperation between the two major parties to achieve desired political goals

Question 43

What is divided gov’t?

Answer 43

When presidency is controlled by one party and one or both houses of congress controlled by the other party

Question 44

Whats an example of bipartisanship?

Answer 44

George Bush in 2001-02 tryna achieve his education reforms when working with leading congressional democrats such as Senator Edward Kennedy

Question 45

What happens a lot when there is divided gov’t?

Answer 45

Gridlock - most president accuse senate of rejecting or blocking judicial nomiations for partisan reasons
- > causes federal trial and appeal courts with unfilled posts for months and years

Question 46

Was divided gov’t always the norm?

Answer 46

No, between 1921 and 1969. there was divided gov’t for only 10 years

Question 47

Does divided gov’t make checks and balances more effective? (YES)

Answer 47

• Bills are srcutinised more closely, treaties checked more carefully and nominees questioned more rigiously in the confirmation
• When gov’t is united, more shit can slip through teh crack (i.e Tonkin Gulf resolution in 1964 by President Johnson passed through democrat majority house)
• Same w 2003-2006 on Congress being feeble in exercising its oversight function over Bushs war in Iraq

Question 48

Does divided gov’t make checks and balances more effective? (No)

Answer 48

• treatment of Robert Bork (1987) and Robert Bork (1991( by democrat controlled senate and impeachment proceedings conducted against Bill Clinton by repubican contrlled Congress (1998-99)
• Same w first impeachment trial of Trump

Question 49

`Federalism isn’t written mentioned in the Constitution, how is it still in the constitution?

Answer 49

1. Written into the enumarated powers of the 3 branches of the federal gov’t - congress was to coin money, president be the commander in chief, etc
2. Included in the implied powers of the deferal gov’t, e.g elastic clause
3. Federal gov’t and the states were given certain cuncurrent pwoers, eg. power to tax and the 10th amendment doing its ting
4. SC was umpire of all decisions