Mr T essays Flashcards
3 ways the constitution reflects the separation and division of powers
(1) no person can serve in both congress and legislature
example: Obama (2008) had to leave his senator seat in order to run for president
(2) Each branch is checked and limited by the other 2 branches
example: Senate could reject presidential appointments = Bork (42 - 58)
(3) federalism reserved powers
- 10th amendment states power not prohibited to the united states is left to the states
example : states have the right to pass voting laws, Texas requires Voter ID to vote
3 ways congress can check the president
9 marker
(1)Override Veto
- Once a bill is approved by Congress, it requires presidential approval to be signed into law. However, if the President rejects the bill through a veto, the law can still be passed if 2/3 of both chambers of Congress vote to overturn that veto.
Example: in 2016, Congress, with a sweeping majority rejected Obama’s attempt to derail legislation which would allow families of 9/11 victims to sue the Saudi Arabian government
however: the required 2/3 majority is hard to achieve, so this power is only exercised in support of an extremely popular bill. Historically, fewer than 10% of presidential vetoes have been overturned
(2) confirm presidential appointments
- When the President nominates a Supreme Court Justice or member of the Cabinet, a senatorial committee reviews their decision and passes their judgement. Using the committees’ recommendation a a guide, the whole Senate then votes to approve or reject the nomination. Rejection requires only a simple majority of disapproval votes
example; When the President nominates a Supreme Court Justice or member of the Cabinet, a senatorial committee reviews their decision and passes their judgement. Using the committees’ recommendation a a guide, the whole Senate then votes to approve or reject the nomination. Rejection requires only a simple majority of disapproval votes
(3) congressional power of investigation
-Congress is permitted to investigate the actions of any member of the executive branch, including the President.
Example;
Oct 2012: House Oversight and Government Reform Committee launched an investigation into possible security failures of the Obama administration (following the murder of 4 American diplomats by terrorists in Benghazi)
however:
keeps the President in check as, if it is discovered that he has engaged in unlawful activity, there is the real threat that he will be impeached (which is another power belonging to Congress)
Explain and analyze 3 ways in which the concept of federalism influences the US government / constitution
(1)Laws are different in each state (more autonomy given to states in certain areas e.g. Roe v Wade, means federal government cannot control them)
(2)Government will take more power from the states in times of crisis (e.g. COVID-19, this influences the federal government to increase federal power)
(3)Open to interpretation (can vary depending on Presidents, Democrat presidents will usually prefer less federalism, republican presidents will favour more)
Explain and analyse 3 ways that structural theory could be used to compare the US and UK constitutions
Definition: structural theory, proposed by talcott parsons, suggests that end results can be explained by he different machinery of government, its institutions and processes
(1)Codified in the USA, uncodified in the UK (all written in a single document in the USA, citizens are aware of their rights and how the country operates)
(2)Not entrenched in the UK, entrenched in the USA (in the USA, citizen’s rights are set in stone and difficult to change, UK rights are not set in stone)
(3)Constitution is sovereign in the USA, not in the UK (Parliament is sovereign in the UK, sole authority - whereas in the US the constitution is the ultimate authority)
3 ways rational theory could be used to study UK Parliament and US congress
- Strong two party system in the US (historically has been either Republicans or Democrats- people vote for one or the other)
- Importance of 3rd parties (especially during Brexit this was important- UKIP, US has no 3rd parties present in the House of Representatives)
- Lots of factions in the US (e.g. tea party movement, parties ae much more centralised in the UK, and less factions are present in the HoC)
“Federalism and devolution operate in similar ways?”
(1) Structure of federalism and devolution
- both systems allow devolved regions to make their own legislation/ jurisdiction (devolution act 1998 = Nicola sturgeon imposed greater lockdown procedures than BJ)
- Each state has autonomy over healthcare, gun control (Alaska has gun control whereas In Washington DC no guns allowed)
However:
- Uk devolution passed through statute law which could easily be repealed but USA is enticed and requires 3/4 of state to amend it , which is unlikely
(2) symmetrical vs asymmetrical
- Federalism is symmetrical as all 50 states have the same amount of power
- Devolution is asymmetrical (each assembly is stricter differently and England has no assembly which was intended by the founding fathers
-Devolution is Asymetrical= each assembly is structured differently, there is no assembly for England.
Also seen in Northern Ireland
2017-2020 whereby the powersharing agreement was essentially suspended when the agreement (coalition between
Shin Fein and the DUP collapsed .
THIS COULD NEVER HAPPEN IN THE USA
(3) Lawmaking Powers
- UK and USA have similar law making powers
- federal and devolved regions have power to raise taxes and create own laws
US eg= Cannabis recreational use = Colorado has legalised it
UK eg = Scotland has made education free for Scottish students
However:
-federal system gives more law over bigger issues such as the death penalty
“Power is evenly distributed in UK and US constitution”
(1) Unitary vs Federal
gov has structured a federal system
1. The US has a federal system where power is divided by the central government in Washington
DC and individual states
2. This division of authority is based on the 10th amendment - states powers which are not specifically granted to federal governments are reserved for the states this means that the states are able to regulate many areas of policy themselves, including education, healthcare, and social services.
US Example
An example of this is Colorado’s legalisation of Marijuana in 2014, became the Ist state in the nation to legalize marijuana for recreational use.
UK
UK is unitary
5. This can be contrasted with the
UK Constitution, which operates in a unitary system
power is concentrated in the central government in London.
Whilst regional governments exist in Scotland, Wales and Northern Ireland, their powers are devolved rather than federal, making them dependent on central government to some degree.
uk example
An example of this is the powers devolved to Scotland, as Scotland has its own government which exercises devolved powers in areas including health, education, justice and social security which were granted in 1988
(2) codified vs uncodified
1) - Firstly, it provides clear and concrete guidelines for aovernment officials, ensuring accountability and transparency in governance. Additionally, it sets limits on the powers of government, which protects citizens’ rights and freedoms.
- For example, the First
Amendment guarantees freedom of speech, religion, and assembly, while the Fourth Amendment protects against unreasonable searches and seizures.
UK
UK uncodified
UK constitution is based on a series of conventions, traditions and judicial descisions and - can lead to ambiguity and uncertainty in interpretation of constitutional law in the UK, and makes it much more difficult to change government actions or hold them to account
example - iraq
- An example of this is was the
IRAQ war 2003 where Tony Blair had launched this war and there were no checks and limits placed upon his power as it was not clearly set out in the constitution that an action cannot be carried out without consulting with MP’s
- It was not approved by parliament
However not being able to change this uncodified constitution may not be a negative thing as we are not tied down to the descisions of the past generations, allows for each successive generation to influence changers to the constitution
(3)
UK also disperses power well through the judiciary
1)While the US has a separate judicial branch which is responsible for interpreting the law and resolving disputes, in the UK the judiciary is
integrated into the other branches of government.
2) Judges are appointed by the executive branch, but they are also expected to act as a check on the power of the executive and the legislature.
3) The UK has a tradition of judicial independence, which means that judges are expected to be impartial and free from political influence. This ensures that there is a check on the power of the other branches of government, and also helps to protect civil liberties and human rights.
example
1) Supreme Court ruling on the prorogation of Parliament in 2019.
2) The executive branch, led by Prime Minister Boris Johnson, had advised the Queen to prorogue or suspend Parliament for five weeks, effectively limiting its ability to debate Brexit and pass legislation.
3) However, the judiciary intervened and declared the prorogation illegal, stating that it had the effect of frustrating or preventing Parliament from carrying out its constitutional functions without reasonable justification.
3 ways the committee system may be significant in congress
- Oversight (can include scrutiny)
- Select committees (policy specific committees, made up of both parties)
- House rules committee (standing
committee, prioritise bills in Congress, made up of different parties)
Explain and analyse 3 checks and balances on the power of the president
Can override a presidential veto, (e.g. Bush Jr had 4 vetoes overridden, shows how Congress can stop a president from becoming too powerful)
Can impeach President (this allows them to hold the President to account, has only been successful once - Andrew Johnson 1868)
Can confirm/deny presidential appointments (power of the Senate, can accept and deny SC and cabinet nominations, such as 1989, John Tower under George Bush
