FARMBROUGH- US POLITICS Flashcards
The original US constitution contained how many states?
13
When, where and why was the modern constitution developed ?
- 1787
- Constitutional Convention
- To create a united security system after the American Revolution
What are 3 key features of the original constitution ?
- Rep gov > democracy
- Framework of gov, nothing to do with rights
- Congress first, then president, supreme court (order of the articles)
- Compromises were made e.g unitary vs confederal
- Assumed negotiations instead of competition between institutions
- Assumed evolution of document, meaning a lot of areas left uncovered
- Entrenched
- Sovereign
- Codified
What do you call the attendees/ creators of the constitution ?
- The founding fathers
Give an example to prove the Supreme Court has become more political
- Brown v Board of Education Topeka 1954: Segregation became illegal
What power does the Supreme Court have to check Congress ?
(bonus- give an example of this power in use)
- Declare acts of Congress unconstitutional
- e.g. United States v Windsor, result: the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections.
Are the separations of powers significant ? WHY?
(YES)
- Each branch is checked by the other two
- No person can be in multiple branches (other than Vice President)
- Avoids tyranny of one branch
- Preserves idea of independent judiciary
Are the separations of powers significant ? WHY?
(NO)
- Misleading, better seen as shared powers
- Vice president is also senate president and has the casting vote in a 50/50 tie
- A president with the support of either the supreme court or party control of congress is very powerful
- Presidential power of pardon overlaps with judiciary
What powers does the president have to check Congress ?
- Veto legislation
- Threaten veto
- Issue executive order to avoid legislation
- Use commander in chief to deploy troops (without a declaration of war)
What powers do Congress have to check the president ?
- Overturn veto with 2/3 majority, e.g. Bush had 4 out of 12 overturned
- Senate must confirm presidential appointments
- Threat of rejecting a nomination
- Power of the purse
- Refusal to pass legislation e.g. Sandy Hook 2012
- Impeachment
- Block treaties
- Launch investigations
What power does the Supreme Court have to check the President ?
(bonus; give an example)
- Rule presidential actions unconstitutional
- e.g. Hamden v Rumsfeld, result: Supreme Court ruled that the Bush administration’s use of military commissions to try terrorist suspects violated the U.S. Code of Military Justice and Geneva Conventions, and were not specifically authorised by any act of Congress
What powers does the President have to check the Supreme Court ?
- Nominate all federal judges
- Issue pardons e.g. Ford pardoning Nixon
What powers does Congress have to check the Supreme Court ?
- Impeach federal justices
- Initiate constitutional amendments
How are checks and balances significant ?
- Encourages Congress and President to use other factions
- President is subject to the most checks
- Affect the timings of presidential initiatives
- Leads to significant deadlock
- Threats are worth more than actual tools
What are the routes for constitutional amendments ?
- Route 1:
Amendment passes 2/3 of Senate, 2/3 of HoR and 3/4 States
(all successful bills pass in route 1) - Route 2:
constitutional convention called by 2/3 of states, 3/4 states must then ratify
How many successful amendments have been added to the constitution ?
- 27
When were the first 10 amendments passed ?
- 1791, 4 years after the first constitution
What are some key amendments ?
- 1st, freedom of religion and speech
- 2nd, right to bear arms
- 8th, no cruel and unusual punishment
- 13th, abolish slavery
- 27th, minor reform to Congress salaries (1992)
Is the constitution too hard to formally amend ? (YES)
- Few amendments passed
- Much of it is still considered outdated, e.g. electoral college
- Too much informal amendment e.g. Roe v Wade
- No national constitutional convention ever held
Is the constitution too hard to formally amend ? (NO)
- Wide consensus means wide majorities are possible
- Outdated clauses can always be repealed e.g prohibition
- Rights of minorities can still be defended by federal and state law
- Supreme court can update provisions e.g. LGBTQ+ rights
What is an informal amendment ?
- Changing the interpretation instead of the words
Give an example of an informal amendment
- Right to abortion:
Roe v Wade (1973) overturned by Dobbs v Jackson women’s health organisiation
state issue or federal? - Right to private gun ownership:
District of Columbia v Heller 2008
What does the 10th amendment say ?
- All matters not expressly delegated to federal gov are reserved to states
What is the structural theory ?
- Focuses on institutions and their structure
What does the rational theory relate to ?
- Relates to behaviour of groups and individuals
Where is the cultural theory applicable to ?
- The history, shared values and context
What are some key structural differences between UK and US?
UK
- Uncodified
- Flexible
- Parliamentary sovereignty
- Fusion of powers
US
- Codified
- Entrenched
- Constitution sovereign
- Separation of powers
What are some comparisons between the UK and US in the rational dimension?
- Elected legislature
- Commons > HoL (UK)
- HoR = senate
- President/pm subject to checks
- Devolution (UK), federal (USA)
Compare the UK and US using the cultural theory
- Principles (US constitution a response to events, UK con based on monarchy)
- Heritage (UK has long standing traditions)
- Individual rights (both historically interested in individual liberties)
what are the two chambers in congress?
- House of representatives
- Senate
what are the roles of congress?
- Passing legislation
- Representation
- Scrutiny
how long do members of congress sit in their roles?
- 2 years before reelection (HoR)
- 6 years before reelection, but elect 1/3 every 2 years (senate)
how many independent are currently in the house?
- 2
what is the percentage approval rate of congress?
- Less than or equal to 20%
what is gridlock?
- Congress cannot pass legislation as both chambers cannot agree
what is a divided government?
- When the chambers are controlled by different parties
what does the term filibuster mean?
- When a senator gives an unusually long speech in order to prevent the senate moving forward
what is cloture?
- The only way to end filibuster, a vote is taken to cut the senators speech short (needs supermajority)
how many bills become laws?
- Between 2% and 3%
which committees can investigate the executive?
- Standing
- Select
who confirms presidential appiontments?
- Senate
in what case can congress impeach the president?
- “treason, bribery or other high crimes and misdemeanors”
what is pork barrel politics?
- Allowing senators/governors funding as a sort of bribe
how did Trump get around his government shutdown?
- Emergency powers to declare immigration a crisis and so congress would have to provide funding for his wall
what is partisanship?
- Prioritising interests of the party
what is bipartisanship?
- Two parties working together
has congress become more partian?
- Yes, 1980s Republicans and Democrats more centrist but now more divided issues and so less cooperation
what are the 4 main types of committees in congress?
- Standing
- Select
- House Rules
- Conference
what are the features of a standing committee?
- Permanent
- Focused on specific policy area
- 20 in House, 16 in Senate
- Same proportion as chamber
- Hold hearings, investigate executive, vote on presidential appointments.
what are the features of select committee?
- deal with specific issues
- usually temporary but some permanent
- generally don’t work on legislation
- eg, House committee on Benghazi: spent $7 million investigating an attack, H.Clinton questioned for 11hrs, paritisan
what are the features of the House Rules committee?
- Set rules of the House
- determine if bills are disregarded
what are the features of conference committees?
- temporary
- consider specific bills where House and Senate have passed different drafts/versions
- produce compromise
how do members of congress represent their constituents?
- communication
- passing legislation on behalf
- committee membership
- lobbying the executive
when was the last time the USA declared war?
- 1941
how many presidents have been impeached? who are they?
- 3
- Donald Trump (x2), Bill Clinton, Andrew Johnson
what are the formal powers of the presidency?
- executive powers
- influence legislation through congress
- power to appoint
- commander-in-chief of US military
what are the informal powers of the presidency?
- deal making
- persuasion
- agenda setting (media address)
- de facto party leader
- world leader
what does EXOP mean and who are they?
- Executive office of the President
- president’s team of elites
