1.4 Debates around the US Constitution and Federalism Flashcards
1
Q
1
Describe Snyder v Phelps (2011)
A
Right to free speech by controversial Westboro Baptist Church upheld by SC
2
Q
2
Describe the problems with the elec college
A
- Twice in past 5 elections has winning nominee lost the popular vote
- Population disporportionality in electors allocation
3
Q
3 - (4) (3) (4)
Describe the argument that the US Constitution upholds democracy
A
-
Judicial
- Bill of Rights protects individual rights
- e.g. Snyder v Phelps (2011)
- SC can overule other branches
- can do this without fear of losing job due to SC independence
-
states
- house ensures proportionality of states
- senate now elected - allows for equal state representation
- amendmnets require approval from 3/4 of states, where they are valued equally
-
congress
- checks and balances prevent unpopular President from achieving all goals
- e.g. Trump struggled to build wall (lacked pop vote)
- all appopriation bills begin in House
- most responsive due to 2-year elec cycle
4
Q
3 - (4) (2) (2)
Describe the argument that the US Constitution does not uphold democracy
A
-
Judicial
- not all rights effectively protected e.g. Guantanamo Bay
- SC holds vast powers to interpret
- Yet SC unrepresentative and unaccountable
- e.g. repeal of Roe v Wade
-
State representation
- senate sees larger states underpresented
- requirement at numerous points for supermajority allows for tyranny of minority
-
Congressional gridlock with President
- checks and balances ineffective - 21 govt shutdowns since 1974
- exacerbated by elec college
5
Q
4
Describe the Affordable Care Act (Obamacare)
A
- Created state/multi-state insurance schemes
- Allowed more individuals/small-businesses to purchase insurance
- Evidences encroachment of Federal Govt into state domain
- SC upheld Act 7-2 in 2021
6
Q
3 - (4) (3) (3)
Describe the argument that the US Constitution is strong
A
-
Ensures limited government
- separaton of powers
- short-elec system enables responsiveness to democratic will
- SC strikes down expansion of fed govt beyond its constitutional right (e.g. eviction ban)
- codification prevents effective dictatorship
-
Allowed for variation in laws
- wide variation in state laws
- e.g. death penalty (yes NV, no NM)
- demonstrate independent power of states
-
amendment process effective
- vagueness allows for interpretative amendments to relfect social change
- ensures broad support
- allows for flexibility whilst preventing short-lived trends becoming entrenched amendments
7
Q
4 - (4) (2) (3) (2)
Describe the argument that the US Constitution is weak
A
-
Has enabled fed govt expansion
- vagueness allows for expansion of Presidential power through implied power
- e.g. military action under Trump, Obama
- lack of scrutiny and limits when one party dominates
- packing of SC
-
States hold too much power
- numerous supermajorities grant states too much power
- creates democratic inertia
-
Amendment process not effective
- immensely difficult to achieve
- minority interests ignored
- leads to excessive power granted to SC, who are unaccountable
-
Gridlock
- congressional gridlock
- 21 govt shutdowns since 1974
- necessary legislation not passed
8
Q
1
Describe the Respect for Marriage Act 2022
A
Requires states to recognise validity of same-sex and interracial civil marriages
9
Q
3
Describe Arizona v United States 2012
A
- SB 1070 - state law to increase powers of local law enforcement to enforce federal law
- Case concerned whether law usurped federal govt right to determine immigration laws
- SC ruled against many of provisions of law
10
Q
Give an example of a SC case concerning the death penalty
A
Kennedy v Louisiana (2008)
11
Q
1
Describe the John Lewis Voting Act 2023
A
Required certain jurisdictions to seek federal approval before enacting certain voting law changes
12
Q
3
Describe Biden’s vaccine mandate
A
- Biden govt announced vaccine/test mandate for private companies with at least 100 employees
- 2022, SC blocked mandate
- yet allowed mandate to stand for medical facilities that take Medicare/Medicaid payments
13
Q
3 - (4) (4) (3)
Describe the argument that the US is federal today
A
-
States can determine individual policies in many areas
- 9 states have no income tax (see note) - of especial importance
- state law such as cannabis legalisation had contravened aspects of federal law, but has not been challenged
- reflects varying demands of state, which may contrast federal govt
- esp when diff parties in power at state and federal level
-
Conservative SC has returned powers to states
- 2022, Roe v Wade overturned
- Covid-19 policies of huge consequence (e.g. vaccine mandate)
- likely to continue given relative youth of Conservative SC justices
- have taken on greater governance due to federal hyperpartisanship and gridlock
-
States can determine election laws
- Article 1 - states can make own electoral regulation
- e.g. states such as Florida signed laws to target voter registration
- gerrymandering by state legislatures
9 states includes NH, who do not tax earned wages
14
Q
3 - (4) (3) (2)
Describe the argument that the US is not federal today
A
-
Federal govt has expanded
- especially true of President through implied powers
- e.g. Build Back Better - Biden
- rights protected at federal level supercede any state-level law e.g. Respect for Marriage Act
- state laws to enforce federal law challenged by Fed Govt (Arizona v United States)
-
SC has grown in power
- SC can challenge state courts
- numerous federal legislation that hugely affects states upheld by SC
- e.g. Affordable Care Act
-
Federal Govt determine election laws
- John Lewis Voting Act
- VP holds casting vote on certification of Presidential appt (not states represented in senate)
