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GOV 4a The US Constitution > Checks and Balances > Flashcards

Checks and Balances Flashcards

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1
Q

What checks and balances to the Supreme Court have?

A

They can rule an act unconstitutional

They can rule presidential actions unconstitutional

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2
Q

What checks and balances does Congress have?

A

The congress can pass, reject or amend legislative proposals

Power of the purse

The senate ratifies treaties (2/3 majority)

Congress can declare war

Senate confirms major presidential appointments

Congress can override a presidential veto (2/3 majority in both houses)

Congress can impeach and remove a President for ‘high crimes and misdemeanours’

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3
Q

What checks and balances does the Executive have?

A

The President can propose legislation

The President can veto bills passed by congress

The President can call special sessions of Congress

The President is the commander-in-chief of the armed forces

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4
Q

Which treaty was not ratified by the Senate in 2013?

A

The UN arms Trade Treaty

A treaty to say that countries can not sell arms to terrorists

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5
Q

How can Presidents get around the requirement to have senate ratify a treaty?

A

Just use Executive agreements as Obama did when normalising relations with Iran and Cuba in 2015

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6
Q

When was the last time Congress declared war?

A

Not since WW2 has congress officially declared war

Vietnam only a ‘conflict’

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7
Q

What is emolument?

A

Profiting from the Presidency

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8
Q

How does the impeachment process work?

A

The House impeached the president

The senate tried the President

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9
Q

Has there ever been a successful impeachment?

A

No

Only two presidents have been impeached and both were acquitted at trial (Bill Clinton)

Nixon resigned before he could be impeached

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10
Q

How many of GWB’s presidential vetoes were overridden?

A

4 out of 12

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11
Q

How many of Obama’s presidential vetoes were overridden?

A

1 out of 12

JASTA

Justice against sponsors of terrorism act

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12
Q

Out of 2500 Presidential vetoes how many were overridden?

A

108

Overriding a presidential veto is very hard to do

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13
Q

How can congress use the power of the purse to control the President?

A

Control by not allocating funds

In 1995-6 Clinton and Congress battled over the budget

In 2013 the Federal Govt shut down for three days

Obama couldn’t close Guantanamo bay

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14
Q

When does the President propose legislation

A

The state of the Union address

Only figure with a national mandate

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15
Q

What percentage of legislation comes from the executive branch?

A

75%

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16
Q

Give an example of the Supreme Court striking down an unconstitutional act

A

US v Lopez

Struck down gun free zones around schools

17
Q

What does the President being commander in chief mean?

A

Can conduct foreign policy without the approval of congress

18
Q

Give an example of when congress rejected a Presidents legislative proposals completely

A

Clintons Healthcare reforms in 1992-3

19
Q

What happened with GWB’s appointment of Harriet Miers?

A

She had never been a judge

The senate judiciary committee sent back her application and told her to fill it in properly

She withdrew her application

20
Q

Name a rejected appointment

A

John Tower 1989

Usually senate approves as bad appointments have to withdraw

21
Q

Name a dodgy appointment that was approved

A

Betsy Devos

22
Q

Which political philosopher inspired the framers to take up the separations of powers?

A

Montesquieu

23
Q

Describe the separation of powers?

A

Separate institutions sharing power

Allows limited government and freedom from tyranny

24
Q

Can a person be in two branches of government?

A

No way!

President Barak Obama had to give up his senate seat in 2008 and Al Gore had to resign from the senate to become VP in 1992

25
Q

Why do some people think that SCOTUS doesn’t have enough checks on it’s power?

A

No appeal against its ruling and only a constitutional amendment or further ruling can change its decisions

They are unelected judges

Act too politically (Bush v Gore 200)

They can basically rewrite constitution (Roe v Wade 1973)(Engel v Vitale 1962)
- these possibly should have been settled by amendment not the SC

26
Q

How long did congress shut down for in 2013?

A

16 days

Power of the purse

27
Q

When was the first time a senate nomination had to be decided by the Vice President?

A

Betsy Devos education secretary

50/50

Mike Pence got her in

She was not really of high calibre, makes a mockery of senate confirmation

28
Q

Why do checks and balances exist?

A

To stop tyranny

Separated institutions sharing power can limit effective government but stops tyrannical behaviour.

29
Q

When was the first time a senate nomination had to be decided by the Vice President?

A

Betsy Devos education secretary

50/50

Mike Pence got her in

She was not really of high calibre, makes a mockery of senate confirmation

30
Q

Why do checks and balances exist?

A

To stop tyranny

Separated institutions sharing power can limit effective government but stops tyrannical behaviour.

31
Q

Who came up with the concept of checks and balances?

A

Montesquieu

32
Q

When does the President state his legislative goals?

A

The state of the union address, this is a check on congress

33
Q

How long was the 2013 budget shutdown?

A

16 days

34
Q

What was the 2018 shutdown about?

A

DACA

35
Q

How many times did GWB veto the Farm bill 2008

A

Twice

Then congress overturned him

Took a year to pass it

36
Q

Why does Supreme Court rulings not always work?

A

Can be easily ignored as no power of enforcement

Hamdan v Rumsfeld 2006

Brown v the Board 1954

37
Q

The fact that congress needs to pass legislation means that when controversial things pass they have a lot of legitimacy in the USA. Give an example of this?

A

The repeal of ‘don’t ask don’t tell’ allowing gay army members to be honest about their sexuality

Passed in lame duck session 2010

38
Q

Name a popular bill that didn’t pass due to separation of powers?

A

Manchin Toomey

GOV 4a The US Constitution (8 decks)

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