evidence Flashcards
Successful amendments to the constitution:
Income tax
Sixteenth amendment was passed by Congress in 1909 and ratified but the states in 1913.
Successful amendments to the constitution:
The twenty-second amendment
Terms presidents can serve
Concern arose after Roosevelt won his fourth term
Approved by Congress in 1947 and ratified by the required 36/48 states in 1951.
How many amendments have been proposed
Over 11,000
Failed amendments to the constitution:
The Equal Rights Amendment
Would guarantee equal rights for all American citizens regardless of sex.
First introduced in December 1923, but reintroduced in 1971 with the rise of second-wave feminism in the US in the 1960s.
It failed to gain the 38 state ratifications, receiving just 35.
Failed amendments to the constitution:
Balanced budget amendment
Would force the federal government to balance its budget in any given year, except for exceptional circumstances such as war.
The amendment failed to receive 2/3 support from wither the House of Representatives or the Senate in order to be passed, however.
1972 Roe v Wade
2022 Dobbs v Jackson Women’s Health Organization case
First legalised abortion using the 14th amendment
Second reversed this decision by changing their interpretation of the constitution.
Separation of personnel - when Obama became president in 2008, he had to step down from….
The Senate
in the annual State of the Union Address, the president formally recommends legislation to a joint session of Congress.
EXAMPLE
In 2010 Obama used his to focus on passing the Affordable Care Act which passed a few months later.
the presidents power to veto legislation
EXAMPLE
Obama vetoed 12 bills
Trump vetoed 10 bills
The president nominated all federal judges, including those on the Supreme Court when there is a vacancy.
EXAMPLE
Trump was able to make 3 appointments to the Supreme Court during his presidency.
Neil Gorsuch, Brett Kavanaugh and Amy Coney Barret - conservatives.
Presidential Pardons allow the President to pardon and forgive individuals for a federal crime. It is a very controversial check, due to how it is sometimes used to pardon political allies/ friends.
EXAMPLE
Nixon over the watergate Scandal
Obama pardoned over 1000 individuals on drug charged, who had received lengthy sentences at the height of the war on drugs.
Since losing control of the HoR in the 2022 mid terms, Biden has seen many of his key legislative aims…….
Including…….
Blocked
Including on police reform, immigration and codifying abortion rights
Congress can override a President’s veto example
Happened to Barack Obama and Donald Trump once - rare to happen
Congress power of the purse example
Congress sought withdrawal from Iraq by restricting military spending under George Bush, and sometimes results in government shutdown when Congress fails to approve a President’s budget.
President needs congressional approval to declare war example
Last time this happened was for a formal declaration of WWII
Senate has the power to confirm/ reject Presidential appointments
Example
Failed to appoint Obama’s Supreme Court nomination in 2016 by refusing to vote on his nomination so that a Republican President could appoint a different judge after the 2016 election.
Power to investigate the actions of the President and government
EXAMPLE
Watergate Affair and the Trump Campaign’s interactions with Russian intelligence services during the 2016 election.
Congress can impeach the President example
3 presidents have been impeached by the HoR but none were convicted in the Senate
Johnson
Clinton
Trump twice
Congress has the power to confirm/reject nomination to the Judiciary.
EXAMPLE
Merrick Garland 2016
Congress can impeach federal judges
EXAMPLE
2010 Thomas Porteous was impeached and removed by the Senate on corruption charges.
Congress can propose the amendments to the constitution if it doesn’t like the Supreme Court’s interpretation of the Constitution
Amendment
16th Amendment was proposed by Congress in 1909 after the Supreme Court ruled that an income tax was unconstitutional in the late 19th century.
The power of judicial review example
In June 2023, the Supreme Court ruled that Biden’s $430 billion student debt forgiveness plan was unconstitutional. Biden argued that the 2003 Heroes Act gave him the ability to change student aid program laws, but the Supreme Court ruled that it didn’t.
The supreme courts checks on congress
EXAMPLE
Federal Election Commission v. Ted Cruz for Senate 2022, the Supreme Court struck down section 304 of the Bipartisan Campaign Reform Act 2002, which limited the amount of money that candidates could be paid on personal loans to their campaign.
the failure of bipartisanship has also resulted in two major government shutdowns in recent years when Congress has rejected the President’s budget.
EXAMPLE
Obama’s budget was rejected by the Republic controlled HoR in 2013, resulting in a 16 day government shutdown.
Trump’s budget was rejected by a Republican Congress in 2018/19, resulting in the longest government shutdown in US history of 35 days.
