Constitutional Framework Flashcards
The US Constitution is…
Codified, entrenched, based around separation of powers/checks and balances, constitutional sovereignty
Why was a separate of powers written into the constitution?
To avoid tyranny
What are the three branches?
Executive, Legislative, Judicial
What was the US constitution a compromise between?
Federalists and people who wanted power for states, large states and small states, slaves and non-slaves
What was the clear vision for the constitution?
branches would co-operate, no one would be too powerful, have a representative govt, avoid mob rule, permanent and longstanding
What powers does the president have?
Is commander-in-chief of the armed forces, Oversees foreign policy, Is in charge of federal bureaucracy, can issue pardons, nominates federal judges, can suggest laws, cannot sit in congress
what powers do congress have?
passes laws and raises taxes, must confirm pres. appointments (Senate), ratifies foreign treaties and formal declarations of war, can impeach pres. and ministers, cannot serve in govt.
what powers do the supreme court have?
interprets constitution, ensures actions are constitutional, can strike down laws/actions if unconstitutional
what checks do the executive branch have on the judicial branch?
appoints all SC and federal level judges, issues pardons and commutations
what checks do the executive branch have on the legislative branch?
can veto bills, can issue executive orders, can initiate military action without congressional approval
what checks do the judicial branch have on the executive branch?
can declare president actions unconstitutional, justices serve for life and cannot be replaced
what checks do the judicial branch have on the legislative branch?
can rule acts of congress unconstitutional, justices are permanent and cannot be removed by straightforward congressional votes
what checks do the legislative branch have on the judicial branch?
impeachment, can pass new laws to get around court rulings, can increase size of SC with support of pres
what checks do the legislative branch have on the executive branch?
can override veto, senate must confirm most executive appointments, senate must approve foreign treaties, impeachment, power of the purse, power to declare war
Example of vetoes passed by congress
jan 2021, Congress overrode Trump’s veto of defence spending bill
example of appointing heads of government departments and federal judges
1987, the senate rejected Pres. Reagan’s nominee Robert Bork as a supreme court justice
example of Pres. commander in chief
2002, congress voted through the iraq resolution to allow Pres. Bush to undertake military action in Iraq. Without it, he and subsequent presidents would have been on dubious legal/constitutional ground
example of congress passing laws and making resolutions
Pres. Trump vetoed a resolution to end the declaration of a national emergency on the US Mexico border declared a few months earlier
example of congress impeaching
The senate failed to impeach Trump on two occasions: 2019 and 2021.
example of congress ratifying foreign treaties
The nuclear deal with Iran in 2015 was made by Pres. Obama without congressional approval. 2018, Trump withdrew the US from the deal, again without recourse to Congress
example of SC striking down laws passed by Congress as unconstitutional
1913, the 13th amendment permitted federal income tax following an earlier SC case that declared federal income tax unconstitutional
example of SC judges cannot be removed and have life tenure
FDR tried to ‘pack’ the SC in the 1930s when it struck down some of his New Deal programmes. Congress refused to back him, though.
what does the 10th amendment states?
that powers not held by the federal government shall reside with individual states
what powers do states retain?
power over local taxes including sales tax and local property taxes, aspects of their election process, whether or not they have the death penalty.
