Power of Congress Flashcards

1
Q

what is the power of congress determined by?

A

how they interact with other branches of govt

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2
Q

how is congress powerful in DP?

A

has sole power to pass legislation

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3
Q

where does power to pass legislation derive from?

A

article 1, section 1 of consti

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4
Q

give an example of Congress passing legislation?

A
  • march 2010, pass affordable care act
  • led to millions more people having healthcare
  • 60-39 senate
  • 219-212 reps
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5
Q

how does power of passing legislation make Congress powerful?

A
  • can pass landmark legislation which majority affects the country
  • pres can merely sign it off
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6
Q

what power does Pres have to counter congress in DP?

A

veto

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7
Q

where does power of veto derive from?

A

article 1, section 7 of consti

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8
Q

how many vetoes did Clinton use?

A

36 at success rate of 94%

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9
Q

how does veto show congress as weak?

A

pres can enable change and control Congress in times of divided govt

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10
Q

how many vetoes did Clinton and Obama use?

A

12

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11
Q

what can pres use veto to do?

A

get compromises with Congress - limiting their power

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12
Q

why is congress reluctant to force a veto?

A
  • if there is perception that electorate feels they are risking national interest for local interests
  • congress on ‘permanent election’ so need to retain public support
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13
Q

what power does Congress have to counter veto?

A

veto override

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14
Q

what is required for veto override?

A

2/3 super majority in both houses

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15
Q

give an example of a veto override?

A
  • 9/11 victims bill - allowed families of victims of 9/11 to sue Saudi Arabia
  • vetoed by Obama but overridden by Congress
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16
Q

when is veto most often used? why?

A
  • second term
  • due to inevitable dividd govt
  • pres loses control
17
Q

what power does Congress have in FP?

A

power to declare war - last used in WW2

18
Q

what is used today instead of power to declare war?

19
Q

when was AUMF last used?

A

2003 for Iraq War

20
Q

how does AUMF show Congress as powerful in FP?

A
  • can use it to counter pres in FP

- requires Pres to compromise

21
Q

what power does pres use in FP?

22
Q

where does CinC derive from?

A

article II, section II of consti

23
Q

give an example of pres bypassing congress in FP?

A

trump launched air strikes on Syria in April 2011 targeting Syrian chemical weapons sites

24
Q

who does CinC show congress is weak in FP?

A

he launched a major military attack without even consulting Congress

25
what has every pres used AUMF for?
since 2003 used it to go to war in Middle East
26
why is congress unwilling to undermine pres in FP?
don't want to show act of disloyalty to American soldiers
27
how can SC majorly limit power of Congress?
by ruling laws unconstitutional
28
what did Marbury v Maddison (1803) establish?
SC had power of JR over federal laws/actions
29
what did SC rule in citizens united v FEC (2010)?
- part of bipartisan campaign reform act (2002) were unconstitutional - donation limits on campaign finances were unconstitutional as it violated first amendment rights
30
how does power of SC show congress as weak?
- can strike down any piece of legislation if they find it to be unconstitutional - congress powerless to do anything in return
31
how is Congress powerful over SC?
politicisation of appointments has meant that Congress has increasing influence on SC
32
what power does senate have? (relating to SC)
Exclusive power to confirm appointments
33
why was Kavanaugh's appointment so politicised?
huge media coverage due to allegations of sexual misconduct
34
what was result of Kavanaugh vote?
- 51-49 | - 1 democrat for and 1 rep against
35
how does appointment process show congress as powerful?
- huge influence on court by deciding who is on it - reps vote on party lines to choose justices with similar ideologies - they can decide ideology of oct which affects decision s
36
why has appointment process becoming more politicised?
- 2006 appointment of Samuel Alito | - bush broke precedent by replacing liberal justice with Conservative justice
37
what were the votes for RBG and Breyer?
RBG 96-3 | Breyer 87-9
38
what were the votes for Sotomayor and Kagan?
Sotomayor 68-31 | Kagan - 63-37