Comparing congress and parliment

Question 1

Checks and balances in USA- SC?

Answer 1

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

Question 2

Checks and balances USA- Congress?

Answer 2

Legislative gridlock, congress considerers thousands of bills each session and only passes 2% e.g gun control

Question 3

Checks and balances USA- president?

Answer 3

Kennedy- civil rights
Clinton- Health care
Obama- Health care

Question 4

Congress can be rapid in making change examples?

Answer 4

Roosevelt’s alphabet agencies’
Johnson- civil rights act and voting right
George Bush Patriot act
Obama- wall street bailout and affordable healthcare act

Question 5

Congress can be rapid in making change- but it can be difficult to legislate example?

Answer 5

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

Question 6

Congress- unsuccessful constitutional amendments?

Answer 6

Every vote counts amendment
Introduced in 2009 to abolish electoral college and have popular vote but amendments dies

Question 7

Compared to congress is there easier change in the UK and why?

Answer 7

Yes
Parliaments sovereign

Question 8

Parliament- examples of ease of change?

Answer 8

-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

Question 9

Parliaments fixed term parliament act similarity’s to america?

Answer 9

22nd amendment
4 years

Question 10

Parliaments brexit comparison to USA?

Answer 10

Would be like breaking up the whole USA

Question 11

Limits of parliament?

Answer 11

Is it really that flexible, clearly limits on legislation because of passing discriminatory laws

Question 12

Limits of parliamentary sov- NI good friday agreement, how is this limiting?

Answer 12

NI can only leave union through a referendum, ultimately this interferes with parliamentary sov

Question 13

Limits of parliamentary sov- Huntington act 2005, how is this limiting?

Answer 13

established law that courts can considered validity if act of parliament

Question 14

How do referendums limit parl?

Answer 14

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

Question 15

Referendum scotland act 2016, how does this undermine parl?

Answer 15

-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

Question 16

Conventions in parl?

Answer 16

Parl act 1911 and 1949
Salisbury convention, govt cant oppose whats on manifesto

Question 17

Critics of congress- Revolving door>

Answer 17

High turnover of members of congress from public sector and private sector like lobbying firms, business and law)
So undemocratic

Question 18

Parliament- do MPs represent constituents?

Answer 18

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

Question 19

Representative function in congress? what is consonant pressure and cross?

Answer 19

Con- in happy place, own views, constituents and party all align
Cross- non match
for example, abortion, same sex, gun control and climate change

Question 20

Representative function in congress- example Mike Krik?

Answer 20

Dont ask dont tell rvoted for repeal even though he was republican beacsue he ran in a democratic seat

Question 21

Representative functions- obama care?

Answer 21

45 dem voted against due to bring in swing seats

Question 22

Representative function in congress- Reappeal of obama care?

Answer 22

Defeated in senate 49-51 in seneta due to 3 rep votes
Susan Collins, John McCain and Lisa Murkowski

Question 23

What is quasi entrenchment?

Answer 23

Rigdy in constitution
Laws made are now fixed
2012 supreme court