Australia and America leg, exec and jud powers Flashcards
Purpose of the constitution in Aus and the USA
Aus- construct a federal system
USA- provide independence (initiated after war)
Federalism in Aus and the USA
Both are co-ordinate (states have power)
Preamble in Aus and the USA
Aus- about God and the Queen
USA- about “The people”
Head of state in Aus and the USA
Aus- monarch represented by the GG and PM
USA- president
System of government in Aus and the USA
Aus- Constitutional monarchy
USA- constitutional federal republic
Rights in Aus and the USA
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)
Constitution in Aus and the USA
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
Legislative branch in Aus and the USA
Aus- monarch, HOR and senate
USA- HOR and senate (congress)
House of representatives in Aus and the USA
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
Senate in Aus and the USA
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
Impeachment
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
What can Congress do
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
Executive branch in Aus and in the USA
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
Presidential powers
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
Judicial powers in Aus and the USA
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
Brown V Board of Education
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
Miranda V Arizona
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)
Roe V Wade
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
Dobbs V Jackson Women’s Health organisation
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
New York State Rifle and Pistol Association V Bruen
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
