Constitution fings Flashcards
What are the key priciples that underpin the constitution
- Checks and balances
- Seperation of powers
- Federalism
- Protection of rights
Important to note with the founding fathers agreement with the founding fathers
Founding Fathers did not
universally agree upon even these principles. There were a number of
disagreements, notably between the federalists and the anti-federalists.
Federalists such as Hamilton and Madison argued for a bigger federal
government, whilst anti-federalists such as Jefferson argued for protection
of rights and a smaller federal government. The Constitution itself is
therefore a compromise and students may point out that events of the
twenty-first century may please one Founding Father whilst disappointing
another.
How rigid is the constitution
A common misconception in exams is that the codified nature of the US
Constitution means that it is very rigid. In fact the interpretive amendments
to the Constitution, especially those that come about due to Supreme Court
rulings, mean the Constitution is far more evolutionary than many students
give it credit for
What is an example of the amendment process becoming incredibly difficult - 2020
The amendment process makes achieving constitutional change incredibly
difficult: Virginia became the 38th state to ratify the Equal Rights Amendment nearly 50 years after it was proposed - now reached the 3/4 threshold
What is an example of Congress’ limited power over foreign policy
The already limited power of Congress to control foreign policy seems to be
increasingly weak: the use of the War Powers Resolution in Iran was vetoed
by President Trump
Why is amending so difficult
Constitution was written when there was 13 states, now 50 states, threshold way higher - Senate had 20 members, now 100
What is the War Powers Resolution?
In 1973, Congress passed the War Powers Resolution. It requires that the
President submit a report to Congress when introducing US forces into
hostilities or imminent hostilities. Congress then has the ability to require the
removal of US troops within 60–90 days unless it authorises an extension.
It was introduced so Congress could try to reclaim its power to declare war
which it had seen eroded throughout the twentieth century. It required that
the ‘President in every possible instance shall consult with Congress’ before
moving troops in to hostilities
What did congress do after Soleimani assassination
Congress passed a War Powers Resolution to
try to prevent President Trump acting without congressional approval
The resolution had some bipartisan support in both houses. It passed the Senate
55–45 with 8 Republicans supporting it, and passed the House of Representatives
227–186.
What happened to the war powers resolution?
the resolution was
unsurprisingly vetoed. President Trump claimed the resolution implied his
constitutional authority was ‘limited to defence of the United States and its forces
against imminent attack’ and added, ‘That is incorrect.
How does the constitution show ineffectiveness on checks
The whole incident highlights a number of problems with the US Constitution. In
the matter of foreign affairs, identifying the difference between ‘war’ and ‘force’
in an era of unmanned drones and nuclear weapons is difficult. Equally, not only
has Congress seemingly lost its power to declare war, its attempt to reclaim it with
the War Powers Resolution is futile when the president can just veto it
