Key Features Of The US constitution Flashcards

1
Q

Separation of powers

In the USA, What is the legislature, the body which makes the laws

A

Congress

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2
Q

Separation of powers

What is the nature of the congress ?

A

Bicameral (2 houses)

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3
Q

Separation of powers

How is the congress a bicameral system ?

A

Senate and the house of representatives

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4
Q

Separation of powers

What is the role of the president ?

A

Holds executive and responsible for implementing laws

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5
Q

Separation of powers

What is the role of the president

A

Head of the federal judiciary responsible for interpreting law

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6
Q

Separation of powers

Who applied strict separation of power ?

A

Founding fathers

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7
Q

Separation of powers

The three branches of goverment are what ?

A

Independent and interdependent

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8
Q

Separation of powers

How is the three branches of goverment independent ?

A

No individual can simultaneously be a member of more than one branch

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9
Q

Separation of powers

How are the three branches of goverment interdependent

A

Cannot effectively operate without the cooperation of the other two

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10
Q

Separation of powers

What is the separation of powers ensured by ?

A

Staggered election

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11
Q

Separation of powers

Why is the separation of powers ensured by a system of staggered elections ?

A

To prevent populists groups from taking possession of all governmental institutions at the same time

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12
Q

Separation of powers

How many members of the House of Representatives are elected every two years ?

A

435 members

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13
Q

Separation of powers

How many senators are there ?

A

100

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14
Q

Separation of powers

How many term does the 100 senators serve ?

A

6 year term

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15
Q

Separation of powers

What is the term for the president ?

A

4 years and serve a maximum of two terms

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16
Q

Separation of powers

How are members of the Supreme Court appointed

A

President but ratified by the senate and hold position for life

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17
Q

What is separation of powers ?

A

Ensures that power is spread out between congress, presidency and judiciary

18
Q

What is the intentions behind the separation of powers ?

A

To prevent tyranny and any branches having TOO many power

19
Q

Separation of powers

Quote by founding fathers on how no separation of powers can cause tranny

A

“when the legislative and executive powers are United in the same person…there can be no liberty” - Montesquieu

20
Q

Example of separation of powers

A

When Obama become president in 2008, he had to step down as senate as power needs to be separated from the three branches

21
Q

What is the role of the three branches of goverment in law making

A
  1. Congress = makes laws
  2. President = confirms/vetos and implement laws
  3. Judiciary = enforces and interpret laws
22
Q

What is important to the operation of the separation of powers and the prevention of tryanny ?

A

Of checks and balances

23
Q

What is check and balances

A

Building on intention of the separation of powers to prevent any institution becoming too powerful

24
Q

Who was the checks and balances designed by ?

A

Designed by the founding fathers

25
Q

Why did the the founding fathers design check and balances ?

A

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

26
Q

Example of presidency checks ?

A

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

27
Q

How many bills have Biden vetoed ?

A

10 bills

28
Q

President check on congress

Example of veto from Biden of a bill ?

A

7th July 2023 He vetoed a bill that would block his student loan forgiveness program

29
Q

Example of president check on the Supreme Court

A

Presidential pardon

30
Q

President check on Supreme Court

What is presidental pardon

A

President pardon/forgives individuals for a federal crime

(Very controversial ) can be used on friends/allies

31
Q

President check on Supreme Court

Example of presidential pardon ?

A

On trumps last day in office he pardoned lil Wayne for gun charges

32
Q

Example of congress checks on president

A
  • congress can override president veto
  • president need consent of congress to declare war
  • congress can impeach a president , e.g trump 2X
33
Q

How is the separation of powers and check and balance effective ?

A
  1. Ensures that the key intentions of checks and balances and separation of powers that no branches gain too much powers to cause trnanny
  2. Forces different branches to come together to get things done, promoting bipartisanship
34
Q

Arguments against the effectiveness of checks and balances and separation of powers

A
  1. 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
  2. Constitution failed to offer sufficient check and balances against attemp to harm democracy
35
Q

What is bipartisanship?

A

the separation of powers means that there is an imperative for different groups to work together in order to pass laws.

36
Q

What does bipartisanship lead to in reality ?

A

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

37
Q

Example of bipartisanship legislation passed ?

A
  • obama : Obamacare
  • Trump : tax cut
  • Biden : inflation reduction act
38
Q

Arguements that bipartisanship and divided government is effective ?

A
  1. 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
  2. The coronavirus Aid, relief and economic security (CARES) act was a response to COVID19 was passed under a divided goverment
39
Q

Bipartisanship and divided goverment not effective ?

A
  1. Does not result in effective scrutiny of the president but result in highly partisan
  2. 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
40
Q

What theory can explain why USA has a strict separation of powers WHERAS executive sit within legislature in the UK

A

Rational theory

41
Q

What is rational theory

A

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