Australia and America leg, exec and jud powers

Question 1

Purpose of the constitution in Aus and the USA

Answer 1

Aus- construct a federal system
USA- provide independence (initiated after war)

Question 2

Federalism in Aus and the USA

Answer 2

Both are co-ordinate (states have power)

Question 3

Preamble in Aus and the USA

Answer 3

Aus- about God and the Queen
USA- about “The people”

Question 4

Head of state in Aus and the USA

Answer 4

Aus- monarch represented by the GG and PM
USA- president

Question 5

System of government in Aus and the USA

Answer 5

Aus- Constitutional monarchy
USA- constitutional federal republic

Question 6

Rights in Aus and the USA

Answer 6

Aus- 5 rights protected in the constitution, implied rights
USA- bill of rights protects 10 rights (1st-freedoms, 2nd-guns, 5th-silence, 6th-natural justice)

Question 7

Constitution in Aus and the USA

Answer 7

Aus- minimalist as it relies on conventions
USA- maximalist as there are no conventions meaning the supreme court is very powerful as they can interpret the constitution

Question 8

Legislative branch in Aus and the USA

Answer 8

Aus- monarch, HOR and senate
USA- HOR and senate (congress)

Question 9

House of representatives in Aus and the USA

Answer 9

Aus- 151 members, elected every 3 years
USA- 435 members, elected every 2 years
Must be 25+ years old, citizen of the USA for at least 7 years, live in the state they are representing

Question 10

Senate in Aus and the USA

Answer 10

Aus- Equal representation for states, 1/2 senate elections every 3 years, 6 senators per state
USA- Equal representation for states, senate elects president, 1/3 senate election every 2 years, Two senators per state
Must be 30+ years old, a US citizen for at least 9 years, live in the state they are representing

Question 11

Impeachment

Answer 11

process of removal of the President and supreme court justices, Two-step process- HOR must vote with 2/3 majority to impeach on the grounds of treason, bribery or other high crimes and misdemeanours, trial in the senate- chief justice of supreme court sits as the judge if it is the impeachment of the president and the 100 senators are the jury that vote with 2/3 majority to impeach the president

Question 12

What can Congress do

Answer 12

Can reject presidential appointments
Presidential veto- congress can override by passing the act with two thirds vote in the House and Senate. Republican controlled senate voted on a defence spending bill resulting in the votes being 81-13 meaning Trump couldn’t stop the bill from passing

Question 13

Executive branch in Aus and in the USA

Answer 13

Aus- GG, cabinet
USA- Composed of the president, vice president and cabinet secretaries, President is commander and chief of the army and navy, can make treaties, appoint public ministers, enforce law, For members to be removed they must be impeached

Question 14

Presidential powers

Answer 14

Executive order- signed, written directive from the President of the United States, and one of the means for exercising executive – or federal – power. E.g Biden halted funding for the building of the wall and Biden signing an order aimed at expanding background checks (March 2023). Only another president can overturn another presidents’ executive orders
Presidential pardon- Expression of the president’s forgiveness- removes civil restrictions (allows right to vote, sit on a jury). E.g Biden pardoned people with a simple marijuana offences

Question 15

Judicial powers in Aus and the USA

Answer 15

Aus- high court and other federal courts
USA- Supreme court and other federal courts
Justices are nominated by the president, approved by the senate (good check but can be bad if senate is controlled by the Presidents party), Justices serve until they die, retire or are impeached

Question 16

Brown V Board of Education

Answer 16

1954-1955, state sponsored segregation in schools (separate school for white people and people of colour), District court ruled in favour of the school boards- “separate but equal” didn’t work anymore, Plaintiffs appealed to supreme court and lost, all schools were made to desegragate

Question 17

Miranda V Arizona

Answer 17

1966, Miranda was arrested and taken into custody where he was interrogated for 2 hours resulting in a signed written confession, On appeal to the supreme court, the confession was found to be obtained unconstitutionally, Statements could not be used in trial unless it demonstrates the safeguards to secure the privilege against self-incrimination (Miranda rights- read to you)

Question 18

Roe V Wade

Answer 18

1973, Roe didn’t have access to an abortion due to legal restrictions, The case failed in the district court, On appeal to the supreme court, the justices ruled in favour of Roe, The right to privacy (drawn from the 14th amendment) included abortion meaning it was protected in the constitution

Question 19

Dobbs V Jackson Women’s Health organisation

Answer 19

2022, The court found that the decision of Roe v Wade was wrongly decided as the constitution makes no specific mention to abortion (6-3), States can now make their own rulings surrounding the laws of abortion

Question 20

New York State Rifle and Pistol Association V Bruen

Answer 20

2022, The court ruled against a New York law requiring people to demonstrate a need for the gun to get a license to carry it in public (6-3), means more people can carry guns in public