Consitution

Question 1

significance of principle of separation of powers in constitution?
- very significant

Answer 1

• each branch clearly checked and limited by other two
• no person can serve on both at the same time (H clinton resign as senator to become secretary of state)
• prevents one branch from having too much power and avoids elective dictatorship like the UK
• preserves independance and non political judiciary

Question 2

significance of principle of separation of powers in constitution?
- less significant

Answer 2

• VP is also senate president and has the casting vote in event of tie, Pence used this a lot, DeVos as education secretary
• president with SC on their side can have a lot of power (Trump)
• US judiciary one of the most politicised ones in the world
• POTUS has power of pardon which has no limit

Question 3

Executive checks on judiciary

Answer 3

• appoints all SC and federal judges (Trump, Kavanaugh, Barrett, Gorsuch)
• issues pardons and commutations (Bill Clinton, 140 pardons last day)

Question 4

Executive check on legislature

Answer 4

• veto bills (Obama 12 vetoes)
• EO and EA passing need for congress (trump travel ban)
• military action, War Power act 1973

Question 5

Judiciary check on executive

Answer 5

• declare president actions unconstitutional
• justices serve for life and cannot be replaced by future POTUS
• can go against P who appointed them, Barrett and Trump over election results but it didn’t go to SC

Question 6

Judiciary check on legislature

Answer 6

• rule acts of congress unconstitutional
• justices permanent and cannot be removed by vote in congress

Question 7

Legislature check on executive

Answer 7

• override veto
• senate confirms appointments
• senate approve treaties
• impeachment
• power of the purse
• power to declare war

Question 8

Legislature check on judiciary

Answer 8

• impeachment
• pass new laws to get around court rulings
• increase size of SC

Question 9

Is the US constitution too hard to amend formally?
- yes

Answer 9

• few amendments passed recently, last one 30+ years ago
• prevents constitution from being updated especially with rights
• too much informal amendment take place via SC
• need supermajority and 3/4 of state legislature which is extremely hard in time of hyperpartisanship

Question 10

Is the US constitution too hard to amend formally?
- no

Answer 10

• high thresholds ensure change happens with support
• rights protected by federal and state laws
• SC takes note of public opinion Obergefell v Hodges 2015

Question 11

How well does the constitution protect individual rights?
- well

Answer 11

• key rights protected in Bill of Rights, entrenched so hard to overturn
• SC judgements discovered new rights
• rights updated via judicial review

Question 12

How well does the constitution protect individual rights?
- not well

Answer 12

• many rights and groups not protected by constitution, free and fair elections
• SC interpretations are subjective and can alter over time
• laws passed by congress aren’t entrenched