Key facts Flashcards
What gave congress a lot of power?
The Elastic Clause - can make all laws deemed necessary and proper in Article 1, Section 8.
Seen with the PATRIOT Act 2001
Example of enumerated power of the President
Article 11 made him Commander in Chief
Example of implied power of the President
In 1947, Ptrsident was accepted as Commander in Chief of Airforce based on Article 11
What granted the judiciary power
Marbury v Madison 1803 - granted them power over judicial review when the judiciary declared they did not have the power to judge whether or not Madison was acting unconstitutional by not delivering Marbury’s documents that had made him a Justice of the peace under the previous president, Jefferson.
What is the percentage of the population needed to stop a constitutional amendment?
2% according to Justice Scalia
When was the last constitutional amendment
1992 - 10,000 have been introduced in total, only 27 have ever passed!
Unsuccessful constitutional amendment
2006: Bush requested to pass an amendment that would allow him to veto parts of a bill.
1972: Equal rights amendment stopped
A controversial constitutional amendment?
Article 2 - right to bear arms.
although only 1/5 of people want to fully repeal it!
Walk through of Watergate scandal?
June 1972: burglars entered democratic national committee offices in Watergate. burglars employed to gather evidence to help the re-election of Nixon, yet Whitehouse staff dismissed the claims.
However, in Nixon v US 1974, it was decided that Nixon must release tapes that incriminated the Whitehouse in the scandal. He resigns before an impeachment process could find him guilty.
Walk through of Clinton impeachment
1998-1999
in a sexual harassment lawsuit by Paula Jones, Clinton denied charges.
in 1997, Monica Lewinsky - a Whitehouse intern - claimed she had a sexual relationship with Clinton, who said “I did not have sexual relations with that woman”.
However, by 1998, it was found that he did and the House of Representatives voted (with 31 Democrats joining) to begin the process of impeachment by launching an enquiry.
However, he was ultimately acquitted.
Trump vetoes
10 vetoes. 1 override (National Defense Authorization 2021 - when he was a lame duck!) 81-13 override!!
Obama vetoes
12 vetoes. 1 override (Justice Against Sponsors of Terrorism Act 2016 97-1).
Does it really prove that Obama was that weak… exception considering it was concerning 9/11 as it allowed relatives of victims of 9/11 to sue Saudi government.
Bush vetoes
12 vetoes, 4 overrides (all in his second term)
Walk through of Trump’s first impeachment
Trump bribed foreign aid and support to Ukraine in return for information on Biden that could help him win the election.
Senate voted 48-52 against abuse of power (although republicans like Mitt Romney did vote against Trump!)
Walk though of Trump’s second impeachment
January 2021: insurrection on Capitol Hill
Even though Senate voted 57-43 against Trump (including 7 Rep.), it still isn’t a supermajority and Trump remained.
Shutdown due to power of the purse showing gridlock?
2018-2019: government shut down for 35 days and 400,000 staff furloughed as Trump wanted $5b for a border wall!
How does Congress declare War?
Mostly through AUMFs nowadays.
2013: Obama tried to obtain a AUMF to attack Syria after chemical attacks but it was rejected.
2001: successful AUMF “against all those who aided” 9/11, and all related forces. It was even used in 2011 under Obama when al-Awlaki was killed in Yemen by a drone strike.
When has Congress authorised a Treaty
New START, 2010. Ratified and aimed to reduce nuclear weapons between Russia and US.
When has Congress not authorised a Treaty
Iran Nuclear deal 2015, which would reduce Iran’s nuclear weapon producing capacity in exchange for economic relief.
However, Trump withdrew in 2018 - mostly due to his preferance of a hard power and instead used trade sanctions to limit Iran!
When has Congress changed Constitution to stop a Supreme Court judgement?
Pollock v Farmers Loan Limited 1895 - passed 16th Amendment which allowed them to levy income tax. SC has since had to stick to it in rulings including NFIB v Sebelius 2012 which classified the individual mandate in Obamacare as a tax!
When did Congress try to limit SC?
2006: Military Commissions Act tried to stop SC hearing Guantanamo Bay cases
When has President not asked Congress for an AUMF
2020: Trump invaded Iran and killed Soleimani, without first consulting Congress.
When has a President gave commutation
on obamas last day, he gave 330 to non violent drug offenders. he also gave a pardon to Chelsea Manning who stole and published state secrets concerning the Iraq War.
Trump pardoned Steven Bannon after tax evasion.
Average campaign cost for a Senator
$10m (average raised by an incumbent was higher than this - $12m, only $2m for a non-incumbent)
How beneficial are franking privileges
Saved constituents $25m in printing and distribution
Evidence of advantage of incumbency
93% of Senators remained the same 2017-2019
How diverse is the Senate
2 black, 26 women
How is president’s power over money limited
2018: Trump requested budget for Environmental Protection Agency be cut by a third. It was cut by 6%.
Evidence of power of primaries?
2014: Eric Cantor lost a Primary in West Virginia to a Tea Party Member. They blamed him for not speaking out enough about Obama!
2022: Tom Rice, Senator for South Carolnia, lost his seat in the Primary to Russell Fry - an avid Trump supporter - perchance because he voted to impeach Trump over the insurrection.
How much spent on lobbyists?
2020: $3.5b spent on them
Example of majority-minority district
Illinois 3rd District
Although SC ruled that use of race alone in redistribution was unconstitutional in Cooper v Harris 2017
Example of revolving door
2018: Representative Lynn Jenkins sets up a lobbying firm, whilst still in Congress!
(this is so bad considering groups with so-called “revolving door lobbyists” prevailed in their lobbying efforts 63 percent of the time.)
What proportion of bills make it to committee stage
7%
How does the House Rules Committee undermine democeacy
Limits debate time, and can set closed debates.
2017: Tax Cuts and Jobs Act limited to 4 hours -» it is generally very rushed through, and passes in under 2 months!
Example of filobustering
2013: Green Eggs and Ham by Ted Cruz on ACA for 21 hours.
Example of pigeonholed bill
2013: John Boehner refuses to allow House of Representatives to debate the Border Security and Immigration Act (he, as the House speaker, had significant say over this and as a Republican was against immigration reform)
What happened with Bork’s appointment?
1987: Robert Bork appointed to be next SC judge by Ptrsident Reagan.
Opposition due to his role in the Saturday Night Massacre - the dismissal of aides who were partially responsible for the incriminating evidence of Nixon in the Watergate scandal.
Senate rejected him 42-58. then, they accepted Justice Kennedy 97-0
When was the Thurmond Rule used?
2016: Obama nominates Merrick Garland to replace Justice Scalia. Mitch McConnell says that the appointment is void because it should be made by the incumbent - not Obama at this point (Trump!)
Bit contradictory considering ACB was nominated in 2020, 35 days before Biden’s inauguration!
Example of committee that limits President
January 6th Committee
Where have Presidential appointments been rejected?
1989: Bush’s nomination of John Tower as Secretary of Defence, for reasons including his “womanising” history, and his dislike of the Civil Rights Act 1964!
How many days did Paul Ryan spent in his home consittuency
218
What was the Bridge to Nowhere
Alaska Bridge set up as a Xmas Tree Bill commissioned for $400m in Surface Transportation Extension Act of 2011
Bills that have been signed by Presidents
No Child Left Behind 2002
Obamacare 2010
Infrastructure Bill 2021
Which judges did Trump nominate
Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett
Where was Obama’s power over appts limited
NLRB v Canning 2014: 4 of Obama’s recess appts deemed unconstitutional - needed to be in recess of 10+ days!
An order that has been consistently withdrawn and reintroduced?
1984: Reagan order prohibited family planning clinics that receive federal funds from informing clients about abortion options
1993: Clinton revoked it
2001: Bush reintroduced it
2009: Obama reintroduced it
2018: Trump revived it
Where have executive orders been good?
Affirmative Action by Kennedy in 1961
Where have executive orders been for foreign policy
2022 -> Biden EO for trade sanctions for Russia and Russian backed occupied areas of Ukraine
Also EO 13729 (Muslim travel ban) in 2017
Presidential proclamation?
2001: after 9/11 (national emergency by reasons of certain terrorist attacks)
What limited the President’s power over foreign policy?
War Powers Resolution 1973 - President has to notify congress within 48 hours of military action.
Every President since the 1970s has challenged it
2011: military action by Obama in Libya (and also in 2011, the assassination by drone strikes of Anwar Al-Awlaki which used a decade old AUMF!)
2020: Trump invaded Iran and killed Passim Soleimani, without first consulting Congress.
Where have State of the Union addresses been successful?
2002: Bush requested Congress’ assistance in acting against the ‘axis of evil’ - Iran, Iraq, and North Korea.
An AUMF was passed in 2001, and continued to enable Bush’s foreign policy!
Where have State of the Union addresses failed?
2018: Trump called for Congress to stop Obamacare (failed)
2010-2016: Obama called for immigration reform every year but none happened!
Where has a President attempted to morally appease to Congress?
2012: Obama after Sandy Hook Massacre -> “we have an obligation” (although very little gun control law has been passed federally).
Where has a President used the bully pulpit?
2017: Trump bussed entire Senate for a briefing on North Korea after Trump pressured the UN for further sanctions to be placed. This enabled him to later threaten that they were ready for a War on NK if necessary.
