Key features of the US constitution Flashcards
What are the four fundamental ideas at the heart of the constitutional?
Checks and balances, federalism, bipartisanship and the separation of powers
What is the separation of powers?
A way of distributing power between the three branches of government in a way that they can act independently and interdependently. With three co-equal powers checking up on and working alongside one another
What was the separation of powers created to avoid?
Tyranny
What does the ineligibility clause of Article I state?
That no one can be a member of more than one branch of government at any given time
Give an example of the ineligibility clause in action?
When Kamala Harris had to resign from the senate after becoming VP
Why is the term separation of powers a misnomer?
Because it is the institutions, rather than the powers that are separate, with the different branches actually sharing powers. For instance, in order for an Act to become and remain law, all three branches of government must be in agreement
Why is not necessarily a disadvantage that the three branches of government must cooperate in order for politics to operate?
Because even though this makes things frustratingly difficult for political actors, this is exactly what the Founding Fathers wanted, in order to prevent an accumulation of power in one branch, which could easily turn to tyranny
Explain how the legislature had to give approval to Obamacare
After a year of trying, both houses of Congress passed the bill in identical forms
Explain how the executive had to give approval to Obamacare
For the bill to become law, Obama had to sign it into law. The rest of the executive then had to make sure that its provisions were carried out
Explain how the judiciary had to give approval to Obamacare
Some opponents accused Obamacare of being unconstitutional. The SC had to hear the debate from lawyers and then ruled in support of Obamacare two years after it passed
What are the two key exceptions to the rule of the separation of powers?
- The VP is a member of the executive and legislature. They are part of the senate, and although they do not represent a state, they lead the senate and cast the deciding vote in a tie
- The president’s power of pardon is judicial rather than executive, making it a constitutional anomaly
Define checks and balances
A system of government that gives each branch the means to partially control the power exercised by the other branches
What is the idea behind checks and balances?
It gives each branch of government the power to resist encroachment on its own powers and maintain democratic government
See checks and balances deck in Mr Drew’ class!!
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List the checks on the powers of the president
- Congress can amend block or reject legislation proposed by the president
- Congress can override a president’s veto with a two thirds majority in both houses
- Congress has the power of purse and can reject a budget submitted by the president
- Congress has the power to declare war, which acts as a check on the president’s commander in chief position
- While the president has the power to negotiate treaties with other countries, they must be ratified by the president
- The president has the power to appoint federal judges and members of the cabinet, but these must be ratified by the senate
- Congress has the power to investigate the executive branch
- Congress can initiate impeachment proceedings against members of the executive
- The SC can use judicial review to declare executive actions unconstitutional
Give an example of Congress blocking legislation
In 2017, when Trump promised to repeal and replace Obamacare
When can Congress be especially effective at stopping legislation?
During periods of divided government
Give an example of Congress overriding a president’s veto
This happened in 2016 when Obama vetoed the Justice Against Sponsors of Terrorism Act
Why is it difficult for congress to override a veto in practise?
The need for a supermajority necessitates bipartisan support, which means members of a party must vote against their own president to do this
Give a statistic to indicate how hard it is to override a veto
The president has vetoed more than 2,500 bills and congress has overriden less than 5% of these
Why is passing a budget more difficult now?
Because we live in an era of hyper-partisanship, making it near impossible to come to a compromise during periods of divided government
Explain the difficulty behind the 2018 budget
The D majority in the house disagreed with Trump’s funding measure for border security. This led to a 35 day government shutdown, the longest in history
When was the last time Congress formally declared war?
In 1941, when the USA joined WWII
Look at drew’s stuff on foreign policy to determine whether this is an effective check or not
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How can president’s bypass the need for ratification of treaties?
By signing executive agreements
Give an example of the senate refusing to ratify a treaty?
In 1999, with the Comprehensive Test Ban Treaty
What is needed to ratify executive and judicial appointments made by the president?
A simple majority in the senate
Give an example of when the senate has rejected an appointment
In 1987, when they rejected Reagan’s nomination for the SC, Robert Bork
Why are appointments not actually rejected by the senate?
Because the threat of rejection is just as powerful, and used more frequently
Give an example of the threat of rejection being enough to thwart an appointment
Andrew Puzder, Trump’s choice for secretary of labour in 2017, withdrew following concerns from republican senators over his personal background and business record
Give an example of how Congress can investigate the executive
Senior members of the executive have to appear at congressional committee hearings
How do impeachment proceedings work?
The senate has the sole power to try over all impeachments, the VP will lead this process as head of the senate unless the president is being impeached, in which case the chief justice of the US will preside
What happened during the Clinton (1998) and Trump impeachment proceedings (2019 and 2021)?
They were impeached by the house but acquitted by the senate
Give an example of judicial review acting as a check on the executive
In the 2014 national labour relations board vs noel canning case, the SC ruled that Obama had acted unconstitutionally by making appointments to the national labour relations board without the senate’s approval
List some of the checks on congress
- The president can veto legislation. This is a blunt check that gives the president the final say on legislation, given how difficult it is to override a veto
- The president can use executive agreements to get around the need for senate ratification
- The SC can use judicial review to declare Acts of Congress unconstitutional
When will the president use their veto?
For bills they strongly dislike
