Key Features Of The US constitution Flashcards
Separation of powers
In the USA, What is the legislature, the body which makes the laws
Congress
Separation of powers
What is the nature of the congress ?
Bicameral (2 houses)
Separation of powers
How is the congress a bicameral system ?
Senate and the house of representatives
Separation of powers
What is the role of the president ?
Holds executive and responsible for implementing laws
Separation of powers
What is the role of the president
Head of the federal judiciary responsible for interpreting law
Separation of powers
Who applied strict separation of power ?
Founding fathers
Separation of powers
The three branches of goverment are what ?
Independent and interdependent
Separation of powers
How is the three branches of goverment independent ?
No individual can simultaneously be a member of more than one branch
Separation of powers
How are the three branches of goverment interdependent
Cannot effectively operate without the cooperation of the other two
Separation of powers
What is the separation of powers ensured by ?
Staggered election
Separation of powers
Why is the separation of powers ensured by a system of staggered elections ?
To prevent populists groups from taking possession of all governmental institutions at the same time
Separation of powers
How many members of the House of Representatives are elected every two years ?
435 members
Separation of powers
How many senators are there ?
100
Separation of powers
How many term does the 100 senators serve ?
6 year term
Separation of powers
What is the term for the president ?
4 years and serve a maximum of two terms
Separation of powers
How are members of the Supreme Court appointed
President but ratified by the senate and hold position for life
What is separation of powers ?
Ensures that power is spread out between congress, presidency and judiciary
What is the intentions behind the separation of powers ?
To prevent tyranny and any branches having TOO many power
Separation of powers
Quote by founding fathers on how no separation of powers can cause tranny
“when the legislative and executive powers are United in the same person…there can be no liberty” - Montesquieu
Example of separation of powers
When Obama become president in 2008, he had to step down as senate as power needs to be separated from the three branches
What is the role of the three branches of goverment in law making
- Congress = makes laws
- President = confirms/vetos and implement laws
- Judiciary = enforces and interpret laws
What is important to the operation of the separation of powers and the prevention of tryanny ?
Of checks and balances
What is check and balances
Building on intention of the separation of powers to prevent any institution becoming too powerful
Who was the checks and balances designed by ?
Designed by the founding fathers
Why did the the founding fathers design check and balances ?
To check (limit) power of each branch of goverment and to make power balanced between presidency, congress and Supreme Court than being concentrated in one branch
Example of presidency checks ?
In 2023 Bidens state of the union adress, he implored congress to pass policy reform, immigration legislation, codify abortion rights and cap prices of insulin at $35 per month
- Obama affordable care at union address passed month late
How many bills have Biden vetoed ?
10 bills
President check on congress
Example of veto from Biden of a bill ?
7th July 2023 He vetoed a bill that would block his student loan forgiveness program
Example of president check on the Supreme Court
Presidential pardon
President check on Supreme Court
What is presidental pardon
President pardon/forgives individuals for a federal crime
(Very controversial ) can be used on friends/allies
President check on Supreme Court
Example of presidential pardon ?
On trumps last day in office he pardoned lil Wayne for gun charges
Example of congress checks on president
- congress can override president veto
- president need consent of congress to declare war
- congress can impeach a president , e.g trump 2X
How is the separation of powers and check and balance effective ?
- Ensures that the key intentions of checks and balances and separation of powers that no branches gain too much powers to cause trnanny
- Forces different branches to come together to get things done, promoting bipartisanship
Arguments against the effectiveness of checks and balances and separation of powers
- Separation of powers will lead to the need of bipartisanship, especially with a divide government leading to gridlock and failure to pass needed policies e.g immigration, climate change
- Constitution failed to offer sufficient check and balances against attemp to harm democracy
What is bipartisanship?
the separation of powers means that there is an imperative for different groups to work together in order to pass laws.
What does bipartisanship lead to in reality ?
Girdlock which is the situation that arises when legislation faces difficulties in being passed due to different party control in the legislature or executive In undivided government
Example of bipartisanship legislation passed ?
- obama : Obamacare
- Trump : tax cut
- Biden : inflation reduction act
Arguements that bipartisanship and divided government is effective ?
- Leads to less effective scrutiny in a unified goverment e.g war in terror and Iraq war, Bush presidency recieved little scrutiny from republicans controlled congress
- The coronavirus Aid, relief and economic security (CARES) act was a response to COVID19 was passed under a divided goverment
Bipartisanship and divided goverment not effective ?
- Does not result in effective scrutiny of the president but result in highly partisan
- Little success in passing legislation e.g DREAMACT under Obama - would allow citizenship for immigrants brought as a child to US , despite public support this was constantly blocked under divide goverment in congress leading to risk of deportation
What theory can explain why USA has a strict separation of powers WHERAS executive sit within legislature in the UK
Rational theory
What is rational theory
Focuses in individual within a political system
Suggest that such individuals will act rationally, choosing the act in particular way to give them beneficial outcome
