Chapter 1 - 3/6 - The key features of the US Constitution Flashcards
What are the fundamental ideas of the Constitution?
- Separation of powers
- Checks and balances
- Bipartisanship
- Federalism
What did the French philosopher Montesquieu argue for?
A separation of powers into legislative, executive, and judicial branches to avoid tyranny.
What did Richard Neustadt say about the separation of powers in 1960?
‘[The Constitution] created a government of separated institutions sharing powers.’
What did Cronin and Genovese say about political power in 1998?
‘Leadership is difficult precisely because the Framers of the Constitution wanted it to be so’.
What are the executive checks on the judiciary?
- Appoint federal judges.
- Grant pardons.
Executive checks on the legislature?
- Propose legislation.
- Veto legislation.
- Make appointments to federal posts.
- Negotiate treaties.
Judicial checks on the executive?
- Declare actions unconstitutional.
Judicial checks on the legislature?
- Declare Acts of Congress unconstitutional.
Legislative checks on the judiciary?
- Impeach and remove judges.
- Amend the Constitution.
- Approves appointments of federal judges.
Legislative checks on the executive?
- Override a veto.
- Confirms executive appointments.
- Ratifies treaties.
- Impeach and remove a president.
Why did Trump fail to repeal Obamacare?
Congress blocked him despite there being a united government.
What is needed to override a presidential veto?
2/3 majority in each chamber.
What veto by Obama did Congress manage to overturn?
Justice Against Sponsors of Terrorism Act September 2016.
Why was there a government shutdown for 35 days in December 2018?
Congress rejected Trump’s budget and his provisions to build a wall with Mexico.
What did the War Powers Act do?
Gave Congress the power to withdraw troops after 60 days if Congress had not voted to approve.
When was Clinton forced to withdraw troops from Somalia due to the War Powers Act?
1994
What treaty did the Senate reject in 1999?
Comprehensive Test Ban Treaty
Was the JCPOA a treaty or EA?
Executive agreement
When did the Supreme Court find its power of judicial review?
Marbury v Madison 1803
What did the Coronavirus Aid, Relief, and Economic Security Act do?
Gave $2.2 trillion of stimulus to help the economy due to COVID.
Why does the Constitution still work?
- The entrenched nature of it means frequent and ill-conceived proposals do not pass.
- Judicial review means the text can be updated.
Why doesn’t the Constitution still work?
- It is too hard to pass amendments.
- Judicial review grants too much power to an unelected body.
What are the enumerated federal powers?
- Armed forces.
- Conduct foreign relations.
- Declare war.
- Make national laws.
What are the powers of the state governments?
- Regulate their own elections.
- Maintain a militia.
- Anything not in the Constitution.
What are the concurrent powers?
- Amend the Constitution.
- Levy taxes.
- Make and enforce laws.
Who said that ‘Leadership is difficult precisely because the Framers of the Constitution wanted it to be so’ and when?
Cronin and Genovese, 1998
