Const - Nature and Principles

Question 1

Separation of powers - Explained, In the constitution and +/-

Answer 1

Gov powers divided, can act in or interdependently with or against each other

Article 1 - Lawmaking responsibilities to the legislative branch (Congress, House and senate)
Article 2 - Executive branch - Offices of pres and vp, sets rules for elections via EC, eligibility and term length
Article 3 - Establishes judicial branch with the SC, Fed judges are app for life,

Effective as branches remain independent
Ineffective as presidents EA and Military action bypasses congress

Question 2

Checks and balances - Explained, In the constitution and +/-

Answer 2

Each of the branches exercises control over the others

Checks laid out in Article 1,2,3

Effective use of veto and override
Ineffective as these CBs lead to gridlock and shutdown

Question 3

Bipartisanship - Explained, In the constitution and +/-

Answer 3

The requirement for parties to work together

2/3 requirement for amendments and veto override

Effective as veto override shows collab
Ineffective as 3 gov shutdowns in last 6 years shows partisanship

Question 4

Principle of Limited government - Explained, In the constitution and +/-

Answer 4

Gov should be no bigger than needed

Enumeration of powers limits power, Bill of rights protects cits from gov

Effective with SCs siding with cit rights rather than cong lege
Ineffective as Gitmo remains open, infringing

Question 5

Federalism - Explained, In the constitution and +/-

Answer 5

Shared sovereignty between state and fed

Article 1 gives elections, Article 10 gives all other powers

Effective as states have effectively sued gov Texas v US 2016
Ineffective as fed gov has grown

Question 6

Enumerated powers of the President and checks over other branches

Answer 6

• Recognises other countries
• Negotiates treaties
• Nominates federal justices

Check over congress - Can veto bills, Send nominations and treaties
Check over SC - Nominates judges and can issue pardons

Question 7

Legislative branch: Congress

Abilities and checks over other branches

Answer 7

• Collect taxes
• Ratifies treaties and appointments
• Declares war

Check over Pres: Reject appointments, Veto override, Impeachment
Check over SC: Approves judicial appointments, Suggest const amendments

Question 8

Judicial: SC

Abilities and checks over other branches

Answer 8

• Power of judicial review

Check pres: Rule actions of them unconstitutional
Check congress: Can rule legislation unconstitutional

Question 9

Amendment process: Requirements, Good and Bad

Answer 9

2/3 of Congress must agree then,
3/4 of state legislatures must ratify
Or 3/4 state const conventions

Good as:
It has protected principles
27 Amendments have happened
Requires bipartisanship, preventing tyranny of majority

Bad as:
Nothing ever happens
Tyranny of minority able to hold up majority
SC Has too much power via interpretive amendments