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US Politics > Power of Congress > Flashcards

Power of Congress Flashcards

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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?

A

AUMF

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?

A

CinC

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
Q

what has every pres used AUMF for?

A

since 2003 used it to go to war in Middle East

26
Q

why is congress unwilling to undermine pres in FP?

A

don’t want to show act of disloyalty to American soldiers

27
Q

how can SC majorly limit power of Congress?

A

by ruling laws unconstitutional

28
Q

what did Marbury v Maddison (1803) establish?

A

SC had power of JR over federal laws/actions

29
Q

what did SC rule in citizens united v FEC (2010)?

A
  • part of bipartisan campaign reform act (2002) were unconstitutional
  • donation limits on campaign finances were unconstitutional as it violated first amendment rights
30
Q

how does power of SC show congress as weak?

A
  • can strike down any piece of legislation if they find it to be unconstitutional
  • congress powerless to do anything in return
31
Q

how is Congress powerful over SC?

A

politicisation of appointments has meant that Congress has increasing influence on SC

32
Q

what power does senate have? (relating to SC)

A

Exclusive power to confirm appointments

33
Q

why was Kavanaugh’s appointment so politicised?

A

huge media coverage due to allegations of sexual misconduct

34
Q

what was result of Kavanaugh vote?

A
  • 51-49

- 1 democrat for and 1 rep against

35
Q

how does appointment process show congress as powerful?

A
  • 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
Q

why has appointment process becoming more politicised?

A
  • 2006 appointment of Samuel Alito

- bush broke precedent by replacing liberal justice with Conservative justice

37
Q

what were the votes for RBG and Breyer?

A

RBG 96-3

Breyer 87-9

38
Q

what were the votes for Sotomayor and Kagan?

A

Sotomayor 68-31

Kagan - 63-37

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