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Politics Paper 2 > Constitution - Saunders > Flashcards

Constitution - Saunders Flashcards

1
Q

Article 1

A

All legislative powers herein granted shall be vested in a congress of the us which will consist of a senate and a house of representatives

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2
Q

Article 2

A

The executive power shall be vested in a president of USA

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3
Q

Article 3

A

The judicial power of the USA shall be vested in one Supreme Court and in such inferior courts as congress may from time to time ordain or establishment

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4
Q

Article IV

A

Federal state and federal relationship

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5
Q

Amending the constitution- its provisions are entrenched

A

(Protection against enemy attack)
Political provisions are protected from enemy attack (those who wish to change/abolish)
In the US constitution entrenchment is provided through complex amendment process

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6
Q

Amending the constitution - codified constitution

A

Written constitution
Systematic and authoritative set of rules
Articles that outline what each branch of govt can/cant do

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7
Q

Amending the constitution - a blend of specificity and vagueness

A

Some powers are vague and open to interpretation
Necessary and proper clause - the federal govt can do what is necessary and proper

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8
Q

Route 1 of the amendment process

A

By a 2/3 majority in both the senate and the house
Then 3/4 of state legislatures must ratify it

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9
Q

Route 2 of amendment process

A

At a constitutional convention called by 2/3 of states
Then 3/4 of state legislatures must ratify it at a special state ratifying convention

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10
Q

Arguments for the constitution being too hard to amend formally

A
  • although in theory states can initiate the formal amendment process under article V, not national constitutional conventions ever been held
  • too much informal amendment takes place Supreme Court judgments from individuals who are unelected + unaccountable
  • very few amendments have been passed recently due to the high thresholds required - 27 in over 200 years
    -the current constitution contains some provisions that may be considered outdated e.g. electoral college or 2nd amendment
  • it prevents the constitution from being updated especially in the area of rights- while some key groups are protected e.g racial minorities others e.g women are not - the complexities of passing amendments make this almost impossible to achieve
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11
Q

Arguments against the constitution being to hard to amend formally

A

-opinion when reaching its conclusions - so internally amending the constitution e,g LGBTQ rights
-the current amendment process in theory allows for federal dimension to be present via a national constitutional convention
-the high threshold for formality ensure that changes only happen when there is wide consensus and broad agreement
-obsolete clauses of the constitution can be repeated as happened with probation - some constitutional problems such as the electoral college could be reformed without need for outright abolition - some aspects of the 2nd amendment are capable of a sensible adjustment e.g banning sale of certain weapons or receiving background checks
-supreme court does often take note of the direction of public

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12
Q

The bill of rights

A

1- freedom of speech, religion, press assembly and petition
2- right to bear arms
3- quartering of soldiers
4- arrest and searches
5- rights of persons accused of crimes
6- rights of person on trial for crime
7- jury trial in civil cases
8- limits on bail and punishment
9- rights kept by the people
10- powers kept by the state of the people

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13
Q

Separation of powers

A

This is where political power is distributed among 3 branches of govt.
-legislature
-executive
-judiciary
Acting both independently and interdependently
- was put into the place by the founding fathers because of their fear of tyranny
- decided that they needed to be independent yet equal so they could check the powers of each others
- no person could be in more than 1 branch of govt e.g Obama and Biden
Neustadt says the term s/p is misleading for it is the institutions that are separate, not the powers

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14
Q

Executive checks on legislative branch

A

-can veto bills
-can issue executive orders to reduce needs for getting laws passed by congress
-as commander in chief can initiate military action without congressional approval

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15
Q

Executive checks on judicial branch

A

-Appoints all Supreme Court and federal justices
-issues pardons and communications

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16
Q

Judicial branch on executive branch

A

-can declare presidential acts unconstitutional
-justices serve for life and can’t be replaced

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17
Q

Judicial checks on legislative branch

A

-can rule acts of congress unconstitutional
-justices are permanent and can’t be removed by congressional votes

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18
Q

Legislative checks on executive branch

A

-can override veto
-senate must confirm most executive appointments
-senate must approve foreign treaties
-controls money
-power to declare war

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19
Q

Legislative checks on judicial branch

A

-impeachment
-can pass new laws to get around some court rulings
-can increase size of Supreme Court

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20
Q

Presidential checks on the court

A

President nominates all federal justices
- Obama appointed elana kagon
President can issue pardons to those convicted of federal crimes
-ford pardoned his predecessor Nixon

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21
Q

Congressional checks on the court

A

Congress can impeach federal judges
- 2010 federal judge Thomas porteous was successfully removed for corruption
Constitutional amendments can be initiated to overturn Supreme Court victims
- 1896 the court found a national income tax to be unconstitutional, this was reversed by the ratification of the 13th amendment 1913

22
Q

Judicial checks on president

A

The court can rule presidential actions unconstitutional
- hamdem v rumfield 2006 the court ruled against special military commissions set up by Bush to try suspected members of al queda

23
Q

Judicial checks on congress

A

Supreme Court can limit congressional power - the court can declare acts of congress to be unconstitutional
- 2013 the defence of marriage act was ruled unconstitutional in the US which marked a major advance for the legislation of same sex marriage across USA

24
Q

Explain and analyse 3 congressional checks on president - 9 marks

A

1-presidents veto can be overturned
By a supermajority (2/3) in both houses e.g 2016 congress overturned Obamas veto of the justice against sponsors of terrorism act

2-congress has the ‘power of the purse’
They can turn down presidential request for funding e.g congress, many times frustrated trumps attempt to get full funding for his wall

3- congress can impeach the president
E.g. in 2014 the house voted to proceed with impeachment proceedings for trump however-never happened (Nixon resigned before he was proposed with impeachment

25
Q

Explain and analyse 3 checks by the president on congress - 9 marks

A

1- presidents threaten veto
They threaten to veto to dissuade congress from passing an unwelcome measure e.g Obama made 4 veto threats in 2015 state of union address on stiffer iran sanctions, overturning Obama care, loosening Wall Street oversight, and tightening immigration controls

2- presidents can issue executive orders
To bypass the need for formal legislation
E.g. 2017 trump introduced a travel bam on visitors from mostly Muslim countries

3- commander in chief
They can deploy troops overseas, thereby avoiding congressional approval of declaring war
E.g 2001/3 bush ordered the invasion of Iraq and Afghanistan

26
Q

Declaration of incompatibility

A

The us Supreme Court can strike down any legislation effectively killing it
The uk can also declare legislation incompatible with the HRA - no obligation for govt to listen (by convention they do)
Case study - Rwanda bill the Supreme Court declared the bill unlawful but the conservatives have been trying to create a separate peice of legislation to override the SC’s decision

27
Q

Structural features comparing usa and uk

A

-the us is codified the uk is uncodified
-fusion of powers in the uk contrasts with the separation of powers in the us
-there is a federal arrangement in the us while the uk has a predominantly unitary structure through devolved assemblies have a growing role

28
Q

Cultural features comparing USA and uk

A

-there is a deep rooted attachment to states rights in the usa compared to the traditional emphasis on parliamentary dominance in the uk
-the uk constitution retains traditional residual elements of aristocratic and church power, especially in the lords the us constitution contains some terms from the classical republican world e.g senate
-the uk constitution is the result of evolution and gradual change. The us constitution is the product of a sudden and violent revolution

29
Q

Rational features comparing the usa and uk

A

-In both constitutions the leaders often have the spend time persuading fellow members to support their bills and policies although this is more common in usa
- federalism in the usa means that the state govt are a major focus for lobbying. In the uk the devolved assemblies are increasingly becoming more of a target for pressure groups - since Brexit the eu has become less of one
- the key role of the Supreme Court makes it a major focus for pressure groups and lobbyist. In the uk the traditional focus for lobbying is parliament.

30
Q

Similarities of federalism

A

Seek same purpose to giver power and legitimacy to local communities
Regional identities ‘closer to people’
Both encourage debate

31
Q

Differences of federalism

A

US=federal power is divided between national and state govt
UK= devolved forms of govt
States are not subservient to national govt whereas uk govt can reclaim devolved powers

32
Q

Similarities of fusion of powers

A

Checks and balances between executive and legislature
Judiciary is separate in both

33
Q

Differences in fusion of powers

A

Us is a doctrine of separation
Branches separate
No president can be serving memebrs of legislature
No serving member of congress can hold executive office - president can not prematurely end congress or remove members unless impeached

Uk ministers operate in both executive and legislative branches - they are responsible for passing and implementing legislation
No confidence vote = down fall of govt

34
Q

Differences of checks and balances

A

Us constitution written to protect the rights of the governed and the uk constitution evolved to protect the powers of govt
Pms draw up legislative proposals which are virtually gaurenteed with majority
Uk is overly autocratic govt that is careless of rights of individuals and minorities

35
Q

Similarities of democracy and sovereignty

A

Based on principle of democracy
Both use referendums

36
Q

Differences of democracy and sovereignty

A

Direct democracy and popular sovereignty more evident in US
US has greater role in electoral process
Senate is directly elected whereas uk 2nd chamber has no elected memebrs
UK= representative democracy
Uk have fewer opportunities for democratic participation
Us president = direct election Uk = no direct election

37
Q

Similarities of the provisions of the Constitution

A

Systems described as representative democracy
Govt divided into 3 branches
Bicameral legislature
Supreme Court
Fixed term elections (some wiggle room in uk)
Subnational govt - states=us devolved govt=uk

38
Q

Differences in provisions of constitution

A

Three branches of power are separate in us and fused in uk
Senate bears little resemblance in selection, membership or powers
Us Supreme Court is a mastiff compared to uks chihuawa
Uk -2017 fixed term parliament broken
Relationship between Westminster and devolved bodies is different to Washington and states

39
Q

Structural approach definition

A

Focuses on institutions in a political system and the processes within them
Suggests that political outcomes are largely determined by the formal structures and processes laid out within a political system
Suggest that then lives of individuals and groups within a society are largely determined by their position within a structure
Especially relevant when comparing legislatures, executives and judiciaries and constitutions but also electoral systems political parties and pressure groups
E.g codified and uncodifed

40
Q

Rational approach

A

Focuses on individuals within a political system. Self interest
Suggests individuals act rationally choosing to act in a particular way out of self interest
Individuals have a set of political goals and will make decisions to achieve those goals
Relevant when comparing legislatures, members of executive branch, voters and pressure group memebrs
E.g different choices made by affluent and poor when voting attempting to achieve their desired policy goals

41
Q

Cultural approach

A

Focuses on shared ideas within a political system
The shared ideas, beliefs and values of a group within society often determine the actions of that group
Culture tells us who we are collectively, what’s important to us and how to behave
E.g different relationships between the state and organised religion in the USA compared to uk being accounted for by the cultural history of each nation

42
Q

Arguments for the us constitution still working

A

-federalism has proved to be an excellent compromise between strong national govt and state govt diversity
-the supreme courts power of judicial review has made it even more adaptable through ‘interpretative amendment’
-rights and liberties of Americans have been protected
-the text have proved to be adaptable to changes in American society
-the demanding amendment process has usually prevented frequent ill-concieved proposals for amendment

43
Q

Arguments against the us constitution still working

A

-it is too negative, giving too much power to those who oppose change
-the power of judicial review gives the Supreme Court too much power to amend its meaning
-Some parts make little sense in today’s society e.g electoral college
-some parts don’t work like the framers would have envisioned e.g war making powers
-the amendment process is too difficult making it almost impossible to amend parts that are no longer applicable or to add parts that majority desires

44
Q

How can president check congress

A

Veto
Threat of veto
Executive orders
Deploy armed forces

45
Q

How can congress check president

A

Overturning veto
Power of purse
Impeachment
Can decline legislation from state of union adress

46
Q

How can Supreme Court check congress and president

A

Can declare acts of congress unconstitutional
Judges are for life

47
Q

Powers of federal govt (delegated powers)

A

Armed forces
Establish postal and monetary system
Standards for copy rights, patents etc
Laws of citizenship and immigration
Declare war

48
Q

Powers of federal govt (delegated powers)

A

Armed forces
Establish postal and monetary system
Standards for copy rights, patents etc
Laws of citizenship and immigration
Declare war

49
Q

Powers shared by federal and state (concurrent powers)

A

General welfare
Criminal justice system
Levy taxes
Charter banks
Borrow money and issue bonds

50
Q

Powers of state govt (reserved powers)

A

Schools and local govt
Structure of state govt
Create and administer corporations
Regulations for marriage/divorce

Politics Paper 2 (8 decks)

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