Constitution Flashcards
amendment process cons
Equal rights amendment failed ( didn’t meet state ratification by 1979 deadline and 5 states revoked their 34@ ratifications )
27 amendment out of 11000 suggested none in over 30yrs and the 27th took 201 years to ratify (was in 1992) meant to be part of the bill of rights and ensures pay for congresspersons doesn’t change til next session very neutral amendment still hard to pass.
Unelected judges gain too much power interpreting smmendemnt s eg. US v lopez and Chicago v McDonald for 2nd amendment or 14 amendment protection clause
Requires supermajorities in both senate and how
R hard eg. Obama 2nd term couldn’t pass the dream act failed in senate 55-41
Amendment process pros
Deadlines dwadlinws are set for amendments now after 27th and civil war amendments changed a lot the second founding all passed in the s short span granted citizenship voting rights and equal rights to ex slaves
19th amendment woman’s rights
18 21 I’ll though tho
Prevents tyrannical exec requires 3/4. States legislature to ratify out 3x amendments to get state ratification 27 passed
Requires bipartisanship
Constitution checks congress
Congress checks
Elections every 2 yrs cantor 2014 ousted and Cheney incumbent and daughter of dick Cheney bushes sec of defence lost Wyoming seat in 2022
Judicial review US v Windsor 2013- do a 1996 unsocial deprived liberty if 5th amendment
Presidential veto eg. Trump veto NDAA for fiscal year 2021
Constitution check on congress not working
Betos by presidents often unused to maintain peace eg. Pbama used 10 in 8 years infrequent and can be overridden in 2/3rd vote congress.
Senate incumbency advantage , franking privileges name recognition longest serving senator is senator byrd51yrs longest serving judge Douglas 36yrs
Congress checks on president
Congress power of the purse 2018-2019 shutdown cost approx 5 billion
Approval of appo8ntments metrics garland debuted 2016 hearing under Obama to replace Scalia but trump appointee did instead gprsuch also miers under bush rejected.
Judicial review
Bourmadine v bush 2008
Treaty approval rejected 2012 convention rights of disabled persons
Arguments check on pres don’t work
Treaty approval not needed as much 9000 EAs to 1300 treaties and appointment approval not as needed 1/5th if trumps csbiney at some point was acting cabinet.
Commande and hide Iran general as air strike trump 2020 and Obama Libya 201q.
Impeachment is rare aonly 3 ever impeached all acquitted Clinton Johnson trump clinton
But nlrb v canning 2014
Checks on courts
Appointment process
Denial of miers cronyism 2005
Power to pardon
Imoeachemnt
Check on courts don’t work
Once passed the appointment process not many checks article 3 constitution. Protects pay of judges and its scope.
Only 1 judge ever impeached chase in the 1804
Examples of cooperative federalism and drawbacks
Works with states eg. Clean power plan 2015 (regulate c02 emissions ) states decide how
But it saw legal issues from 29 states governments because if no plan submitted by 2018 one imposed on them - coercive.
Obama’s race to the top gave 4.35 billion grant to p states post recession if imoloemted deferral policy on testing and evaluation of education.
But
Nfib v sebeliius 2012 scouts rules it unscomsitutonalfor federal gov to withdraw federal funding for Medicare if states doesn’t extend it
Overstepping commerce clause to coerce w funds .
Obama under 1970 refugee act accepted 10000 sytrian refugees into the US and 31 state governors tried to stop this. But argument scouts acts as a mediator.
Are state reserve powers protected ?
Yes
10th amendment clesr line (powers not delegated to the us states by consultation nor prohibited are reserved to the states) Washington and Oregon haves postal voting and arisen experimenting with virtual or online voting.
Shelby country v holder 2013 power back to states voting laws
But
Blurred lines w necessary and proper clause and concurrent powers like levy tax and commerce / law enforcement
Fed gov increasingly involved eg. Respect for marriage act requires state to recognise same sex and interracial marriages (marriage and state matter )
Argue powers always blurred as ,ccolough v Maryland
1819 used necessary and power claims to establish banks
Examples of supremacy clause not bringing power away from states
Cole memo 2014 gov stood back gave states ,ore freedom and 23 states have recreational weed usage after this .
Attorney general sessions under trump resinded this and garland as attorney general under Biden reinstated shows ideology fluctuations in state powers.
But
Gonzales v rachis 2005 allows congress to ban marajuana so hlitmsreky state powers can be undermined by congress
2013 Arizona v intertribal council of Arizona says Arizona law of requiring prooof f crtizwnshio to vote conflicts with 1993 national voter registration act unconstitutional
Arguments states acts as policy labs for and against
States innovate and epeiencmt with policy that influences gov
2006 Massachusetts health reform. Mirrors aca a Obama 2010.
Interstate aprecipirocacy agreements on recognising gun permits from, other states leads to 2017 conclealed carry reciprocacyact 2017.
But
States can go to far and overstep w innovation eg. Arizona immigration reforms had to be struck down 2012 a
Arizona v us protected fed powers
Federalism allows for regions, and ideological differences for and against
26 states nd California have destroyed penalty , 23 states legalised marajuana under cole memo and dobbs v Jackson 2022 allowed greater state autonomy over sbortjon eg. Texas outlaws 77% Christy’s. Population but legal in cali which is secular.
But
Sometimes states have entirely different laws unclear.
Covid 19 response difficult because states make different responses eg. Ny a larger state lower to respond replibkcan states smaller and rural easier to respond . Also Nunez of states never issues mask mandate eg. Misssissipo but this is uncommon
