Consitutional Framework Of The US Government Flashcards
What is a consitution?
A set of rules that sets out the powers and functions of various government institutions .
What is meant by separation of powers?
Where there are different branches of power, legislature, executive and judiciary.
How can power be separated horizontally and vertically?
- Horizontally through the federal government, legislature, executive and judiciary
- vertically between federal and state governments
How and why do manny constitutions create a system of checks and balances?
So it enables a branch to stop another branch from doing a particular action.
How is legislation in America processed?
The president proposes a bill and pressurises congress, congress must pass the bill in both chambers. The president then must sign or veto. Congress can override this veto with a supermajority vote
W=how and why are most constitutions entrenched?
It means constitutional law is Munich harder to amend than normal law. A 2/3 supermajority in congress is needed to propose an amendment, and 3/4 of all states must then ratify.
What are fundamental laws? What does it mean to say that an ordinary law is unconstitutional?
The constitution is supreme over all federal and state laws. All laws must be compatible to higher or fundamental law. Any unconstitutional laws can be struck down by the Supreme Court
What is the doctrine of popular sovereignty?
The idea that sovereignty (Supreme Court) is vested in the people. Kings believed that their right to rule came from god - but government are created by, and subject to, the will of the people, and must obey the limits set by the constitution.
What is the US bill of rights? Why is it significant?
Most consitutions don’t set limits to protect the people from the government. The bill of rights is the first 10 amendments of the US constitution, first amendment - freedom of speech.
What was the US vs Windsor case in 2013?
The Supreme Court struck down the Defense of marriage act as it undermined the faith amendment rights which states “no person shall be deprived of life, liberty, or property.”
Why are constitutions such an important feature of liberal democracies?
Liberalism = freedom and equality Democracy = rule by the people
Constitutions protect freedom and equality and democracy.
Why was the US constitution controversial in some states?
Anti federalists feared that the federal government would be a threat to individual rights.
How can a constitutional amendment be proposed?
It’s a two stage process you need a 2/3 majority vote in the House of Representatives and senate or 2/3 of state legislatures for a national convention to propose amendments.
How are constitutional amendments ratified?
It is ratified by at least 3/4 state legislatures or 3/4 state ratifying conventions specially held in each state.
What is the bill of rights and why was it included?
The name given to the first 10 amendments of the US constitution. It attempted too address the concerns of the anti-federalists.
What was the Texas v Johnson (1989) case? What amendment did it violate?
The supreme court ruled that burning the American flag as protected as “free speech”, after Johnson was charged with violating Texas Law - the Texas law was unconstitutional as it violated first amendment rights
What was US vs Miller (1939)? What amendment did it violate?
Supreme Court upheld the national firearms act, which required the registration of sawed off shotguns. Arguing that these guns are not ordinary military equipment therefore not protected by the 2nd amendment.
What was the Katz vs US (1967) case? What amendment did it violate?
4th amendment - Katz was convicted of illegal gambling after the FBI recorded his conversations from a public phone booth. Supreme Court ruled that the evidence violated the 4th amendment as the FBI didn’t get a warrant
What was the Miranda vs Arizona (1966) case? What amendment did it violate?
Supreme Court ruled that Miranda’s confession couldn’t be used as evidence as he had not been informed of his rights.
What was the Coker v Georgia case and what amendment did it violate?
The Supreme Court ruled that Georgia could not apply the death penalty for those convicted of rape. As only a few states passed such laws, making the sentence “cure or and unusual punishment”- 8th amendment
Why is there a clearer separation of powers in the US than the UK?
Because in the UK the executive and legislature are fused. Members of government, including the PM, are also members of the legislature and the UK judiciary is weaker than the legislative and executive because it cannot declare laws unconstitutional.
Why is power over legislation divided between the president and congress?
The president can only apply pressure or attempt to persuade enough members of congress to support. President proposes a bill and pressures congress, congress must pass the bill in both chambers, then the president must sign the bill giving them a veto - congress can override a veto with a 2/3 majority.
What checks and balances over legislation are there between the Supreme Court and congress?
The Supreme Court can declare laws unconstitutional while the legislative can propose amendments, reject nominations and impeach Supreme Court justices.
What checks and balances are there over spending?
Congress has the “power of the purse”. Congress can propose constitutional amendments.
What was the Pollock v Farmers loan case?
The Supreme Court declared federal income tax to be unconstitutional so congress passed the 16th amendment - giving congress the power to impose a direct income tax
Can Americans hold more representatives accountable than UK voters?
Voters vote for the House of Representatives for a two year term. The voters vote for their representatives in the senate for a six year term. They also vote for a president and Vice President in the executive branch. The president then appoints the supreme court for a life term but the senate approves this.
What are checks and balances?
A system of government that gives each branch - legislative, executive and judicial - meaning they partially control the power exercised by other branches
What is the state of the union address?
An annual speech made by the president to a joint session of congress, setting out his proposed legislative programme for the coming year.
What did president Ford do for his predecessor? What is this an example of?
He pardoned Nixon for the watergate scandal.
- example of a check by the president on the courts
What is an example of a check by congress on the president?
In 2010, congress heavily amended Obamas health care reform
What treaty did the senate ratify?
START treaty with Russia.
What is impeachment?
A formal accusation of a serving federal official by a simple majority vote of the House of Representatives.
What is the ultimate check congress holds over the executive? And an example of impeachment?
Impeachment, Bill Clinton in 1998 have been impeached by congress, but found him not guilty.
What checks do congress hold on the judiciary? And an example?
They can impeach, in 1986-89 congress removed three federal judges from office - Harry Claiborne for tax evasion.
What did the Supreme Court declare unconstitutional in 1896?
Federal income tax
What was the case in 1997 that the Supreme Court ruled unconstitutional?
Reno v American civil liberties Union, the Supreme Court declared the communications decency act unconstitutional
What checks do the courts have on congress?
Judicial review - the power of the court to declare acts of congress to be unconstitutional and therefore null and void.
What checks do the courts have on the president?
They can declare any member of the executive branch to be unconstitutional.
What is bipartisanship?
Close cooperation between the two major parties to achieve desired political goals. In the US system of government, it may be crucial for political success
What did the framers of the constitution try and promote?
Bipartisanship and compromise between the president and congress
What is divided government?
When the presidency is controlled by one party and one or both houses of congress are controlled by the other party.
In the years between 1969 and 2016 what was seen?
35.5 years were divided government causing gridlock
Does divided government make checks and balances between congress ad the president more or less effective?
For
- bills are scrutinised more closely
Only twice in the last 50 years had congress override a veto of a president of its party
Against
- divided governments lead to less effective government
What is federalism?
A theory of government by which political power is divided between a national government and state governments, each having their own areas of jurisdiction.
What was the third key principle of the constitution?
Federalism. “We the people of the United States, in order to form a more perfect union.”
What is limited government?
A principle that the scope of the federal government should be limited to that which is necessary for the common good of the people.
What is popular sovereignty?
The principle, inherent in both the deceleration of independence and the constitution, that ultimate political authority rests with the people.
What are some of the arguments that the US constitution still works?
- federalism has proved to be an excellent compromise between strong national government and state government diversity
- rights and liberties of Americans have been protected
What are some of the arguments that the US constitution doesn’t work?
- amendment process is too difficult, making it almost impossible to amend parts that are no longer applicable or to add parts the majority desires
- some parts don’t work as the framers would have envisaged (war making powers)
