Comparing congress and parliment Flashcards
Checks and balances in USA- SC?
Can strike down legislation by Marbury v Madison
example- Brady bill when Regan attempted assassination and Brady was wounded very badly so sponsored a bill for a 10 day background check for a gun
SC deemed this unconstitutional
Checks and balances USA- Congress?
Legislative gridlock, congress considerers thousands of bills each session and only passes 2% e.g gun control
Checks and balances USA- president?
Kennedy- civil rights
Clinton- Health care
Obama- Health care
Congress can be rapid in making change examples?
Roosevelt’s alphabet agencies’
Johnson- civil rights act and voting right
George Bush Patriot act
Obama- wall street bailout and affordable healthcare act
Congress can be rapid in making change- but it can be difficult to legislate example?
Equal rights amendment- proposed to congress in 1972, wanted by pressure groups in 1978 and ratified in 2020
-Labour amendment, pending since 1924 28 states approved but falling short of required
-Gun control, protected by 2nd amendment
Congress- unsuccessful constitutional amendments?
Every vote counts amendment
Introduced in 2009 to abolish electoral college and have popular vote but amendments dies
Compared to congress is there easier change in the UK and why?
Yes
Parliaments sovereign
Parliament- examples of ease of change?
-Gun control due to dunblane 1997
-Anti terror legislation
-Develution 1997-2017
-Human rights 1998
-HOL reform 1999
-Constitutional reform act of 2005
-Fixed term parliment act 2010
-Brexit
Parliaments fixed term parliament act similarity’s to america?
22nd amendment
4 years
Parliaments brexit comparison to USA?
Would be like breaking up the whole USA
Limits of parliament?
Is it really that flexible, clearly limits on legislation because of passing discriminatory laws
Limits of parliamentary sov- NI good friday agreement, how is this limiting?
NI can only leave union through a referendum, ultimately this interferes with parliamentary sov
Limits of parliamentary sov- Huntington act 2005, how is this limiting?
established law that courts can considered validity if act of parliament
How do referendums limit parl?
Become like a convention, if parl is sovereign why do we use referendums
-Brexit, triggering article 50 and Gina Miller
-2012 sc ruling that scotland act of 1998 cant be replaced
Referendum scotland act 2016, how does this undermine parl?
-Scot parl and govt are a permanent part of the UK constitutional arrangements
-Scot parl and the govt are not to be abolished except on the basis of a decision of the people of scot voting in conventions parl act of 1911 and 1949
Conventions in parl?
Parl act 1911 and 1949
Salisbury convention, govt cant oppose whats on manifesto
Critics of congress- Revolving door>
High turnover of members of congress from public sector and private sector like lobbying firms, business and law)
So undemocratic
Parliament- do MPs represent constituents?
MPs usually vote with the party whip, many say this is okay as we vote for a party national manifesto not local
-Brexit voting seems to have an indicated stronger representation of constituent views than previously
Representative function in congress? what is consonant pressure and cross?
Con- in happy place, own views, constituents and party all align
Cross- non match
for example, abortion, same sex, gun control and climate change
Representative function in congress- example Mike Krik?
Dont ask dont tell rvoted for repeal even though he was republican beacsue he ran in a democratic seat
Representative functions- obama care?
45 dem voted against due to bring in swing seats
Representative function in congress- Reappeal of obama care?
Defeated in senate 49-51 in seneta due to 3 rep votes
Susan Collins, John McCain and Lisa Murkowski
What is quasi entrenchment?
Rigdy in constitution
Laws made are now fixed
2012 supreme court
