The Constitution Flashcards
Key word:
What does constitution mean?
The fundamental laws and principles that outline the structure and operation of a government.
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What does federal mean?
The national government of a country, typically responsible for issues that affect the entire nation.
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What does federalism mean?
A system of government in which power is shared between a central (national) government and regional (state or provincial) governments.
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What does principle?
A basic truth or law that serves as the foundation for beliefs, actions, or systems.
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What does limited government?
A government whose powers are restricted by a constitution or laws, ensuring individual freedoms.
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What does separation of powers?
The division of government responsibilities into distinct branches (executive, legislative, judicial) to prevent any one branch from gaining too much power.
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What does checks and balances?
A system in which each branch of government can limit or check the powers of the other branches, ensuring no one branch becomes too powerful.
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What does bipartisanship mean?
Cooperation and agreement between two political parties, often on policies or issues.
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What does codification mean?
The process of organizing and writing down laws in a clear, systematic way.
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What does judiciable mean?
Refers to issues or matters that can be decided by a court of law.
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What does entrenched mean?
Something that is firmly established and difficult to change or alter.
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What does enumerated power mean?
Specific powers granted to the government by the Constitution, especially to Congress.
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What does implied powers mean?
Powers not explicitly stated in the Constitution but assumed to exist in order to carry out enumerated powers.
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What does necessary and proper clause mean?
A part of the U.S. Constitution that allows Congress to make laws that are necessary to execute its enumerated powers.
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What does supermajority mean?
A majority that is larger than a simple majority, typically required for certain decisions, such as constitutional amendments.
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What does republican ideals mean?
Beliefs emphasizing individual liberty, limited government, rule of law, and popular sovereignty.
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What does appropriation bills
Laws passed by a legislature to allocate government funds to various projects or programs.
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What does judicial review mean?
The power of courts to examine and, if necessary, invalidate laws or actions by the government that are inconsistent with the Constitution.
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What does divided government mean?
A situation where different political parties control different branches of government, such as one party controlling the presidency and the other controlling Congress.
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What does gridlock mean?
A situation in which there is little or no progress in government due to disagreements or lack of cooperation between parties or branches.
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What does unified government mean?
A situation in which one political party controls both the executive and legislative branches of government.
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What does gerrymandering mean?
The manipulation of electoral district boundaries to favour a particular political party or group.
Principles of the constitution:
How can the principle of limited government be seen through the constitution? (use two examples)
Separation of Powers and the Trump Impeachment (2019-2020):
The impeachment process shows limited government because it demonstrates that no branch of government is all-powerful. The legislative branch (Congress) exercised its authority to investigate and hold the President accountable for alleged misconduct, limiting executive power. The judicial branch (courts) played a role in ensuring proper procedures were followed and resolving disputes over access to information, ensuring that even the President could not withhold critical evidence. This separation of powers limits the ability of any one branch, especially the executive, to act unilaterally without oversight or accountability.
Bill of Rights and Recent Court Cases (Bostock v. Clayton County, 2020):
In the Bostock v. Clayton County case, the Supreme Court ruled that the federal government cannot allow discrimination based on sexual orientation or gender identity in the workplace. This ruling shows limited government because it restricts the government and employers from infringing on individual rights (such as equality and non-discrimination), even when such rights are not explicitly stated in earlier laws. The judicial branch used the Constitution’s protections (like equal protection under the law) to limit the government’s power over personal freedoms, reinforcing that the government cannot overreach into personal rights without proper justification.
Principles of the constitution:
How can the principle of separation of powers be seen through the constitution? (use two examples)
Congress’s Override of Presidential Veto (2021):
In 2021, President Biden vetoed the National Defense Authorization Act (NDAA) due to provisions he disagreed with. In response, Congress exercised its power to override the veto with a two-thirds majority vote in both the House of Representatives and the Senate. This action highlights the separation of powers, as the executive branch (the President) tried to block the law, but the legislative branch (Congress) used its authority to override the veto. It shows how each branch has distinct powers and how Congress can limit the President’s ability to block legislation, ensuring no branch has unchecked power.
The Supreme Court’s Ruling on DACA (2020):
In 2020, the Supreme Court ruled that the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful. The executive branch (President Trump) sought to terminate DACA, but the judicial branch (the Supreme Court) found that the decision was made improperly without adequate legal justification. This ruling demonstrated how the judicial branch can check the power of the executive branch, ensuring that actions by the President comply with the law. The case shows how the separation of powers works, as the judiciary held the executive accountable and prevented unilateral changes to immigration policy.
Principles of the constitution:
How can the principle of checks and balances be seen through the constitution? (use two examples)
Congress’s Impeachment of President Trump (2019-2020):
In 2019, President Donald Trump was impeached by the House of Representatives for abuse of power and obstruction of Congress. The executive branch (President Trump) faced a check from the legislative branch (Congress), as the House exercised its constitutional power to investigate and vote for impeachment. The Senate later held a trial, ultimately acquitting Trump, showing that the legislative branch has the authority to hold the President accountable, but the executive branch still has some defense in the form of the Senate. This process illustrates checks and balances, where each branch of government can limit the power of the others, ensuring no single branch becomes too dominant.
Supreme Court’s Ruling on the Travel Ban (2017):
In 2017, President Trump issued an executive order banning travel from several Muslim-majority countries, which was challenged in court. The judicial branch (Supreme Court) intervened, ruling that parts of the executive order were unconstitutional and violated due process. The ruling prevented the executive branch from fully implementing the ban, showing how the judicial system can check the President’s actions. This demonstrates the checks and balances system, where the judiciary can review and limit the power of the executive branch, ensuring that executive orders are in line with the Constitution.
Principles of the constitution:
How can the principle of federalism be seen through the constitution? (use two examples)
State Legalization of Marijuana (2010s-Present):
Several U.S. states, like California and Colorado, have passed laws legalizing marijuana for recreational use, despite the federal government classifying it as illegal. This is an example of federalism, where states have the authority to make their own laws regarding certain issues, like drug legalization, without federal interference. While the federal government maintains the authority to enforce national drug laws, state governments have exercised their powers to make decisions based on local needs and opinions. This creates a system where states and the federal government share authority, as the Constitution allows states to have power in areas not specifically addressed by federal law.
Voting Rights and State Laws (2020s):
In 2021, Georgia passed new voting laws that restricted voting access, sparking debates about federal oversight of state elections. The principle of federalism allows states to regulate their own elections, but the federal government plays a role in ensuring that voting rights are protected under the Voting Rights Act. The U.S. Department of Justice challenged some of these laws, arguing that they violated federal protections against discrimination. This interaction between state authority to set election rules and federal protections ensures that both levels of government play a role in the voting process, illustrating the balance of power under federalism.
The nature of the constitution:
How can the nature of the constitution be seen through codification? (use two examples)
Same-Sex Marriage Legalization (Obergefell v. Hodges, 2015):
The U.S. Constitution’s codified nature is evident in the Supreme Court ruling in Obergefell v. Hodges (2015), where the Court legalized same-sex marriage nationwide. The decision was based on the Fourteenth Amendment’s guarantee of equal protection and due process. Codification refers to the written and accessible nature of constitutional rights, ensuring they are concrete and enforceable in the courts. The case demonstrated how judicial interpretation can confirm rights that are implied by the Constitution but not explicitly stated, affirming the Constitution as a codified document that evolves over time. This case shows how the Constitution’s codified principles provide the basis for new legal rights under changing societal values.
Affordable Care Act (NFIB v. Sebelius, 2012):
In the NFIB v. Sebelius decision (2012), the Supreme Court upheld the individual mandate of the Affordable Care Act (ACA), interpreting it within the framework of the Constitution, particularly through Congress’s taxing power. Codification ensures that constitutional provisions are clear and applicable to modern situations, such as expanding healthcare access. The decision was based on codified interpretations of Congress’s powers to regulate commerce and levy taxes. This case illustrates the Constitution’s role as a living document that can be applied to contemporary issues while remaining grounded in its written provisions. Through codification, the Constitution provides a stable legal framework while allowing flexibility for future legal interpretations.
The nature of the constitution:
How can the nature of the constitution be seen through entrenchment? (use two examples)
Second Amendment (District of Columbia v. Heller, 2008):
The Second Amendment’s entrenched nature was confirmed in the District of Columbia v. Heller decision (2008), which protected an individual’s right to possess a firearm for self-defence. Entrenchment refers to the idea that certain rights are so firmly established in the Constitution that they cannot be easily altered by ordinary legislative action. Despite shifts in political and public opinion about gun control, the Supreme Court upheld the entrenched Second Amendment right. This case demonstrates that certain constitutional provisions, like the Bill of Rights, are entrenched, meaning they are protected from easy modification by Congress or state legislatures. Entrenchment ensures that fundamental rights are safeguarded against changes in political climates or temporary public sentiment.
Voting Rights Act (Shelby County v. Holder, 2013):
The Voting Rights Act (VRA), particularly its provision, was once an entrenched part of civil rights law until the Supreme Court’s decision in Shelby County v. Holder (2013). The Court ruled that the preclearance formula in the VRA was outdated and unconstitutional. Entrenchment is demonstrated in the VRA because its provisions had long been established to protect voters from discrimination, reflecting the Constitution’s role in securing rights against the potential overreach of state governments. This decision illustrated that while certain rights are entrenched within the Constitution, even deeply established laws can be subject to reinterpretation and modification through judicial review. Entrenchment, while providing stability, does not always prevent the Constitution from evolving in response to changing conditions and judicial interpretations.
The nature of the constitution:
How can the nature of the constitution be seen through vagueness of the document? (use two examples)
The Commerce Clause (National Federation of Independent Business v. Sebelius, 2012):
The Commerce Clause of the Constitution grants Congress the power to regulate interstate commerce, but its vagueness has led to various interpretations. In the NFIB v. Sebelius (2012) case, the Supreme Court ruled on whether the Affordable Care Act (ACA) could mandate individuals to buy health insurance. The Court used the Commerce Clause to uphold the ACA’s individual mandate as a tax rather than a regulation of commerce. This illustrates how the vagueness of the Commerce Clause allows the Court to interpret it flexibly to address modern issues, reflecting the Constitution’s capacity to adapt to new societal needs. The clause’s broad language allows for shifting interpretations that fit contemporary legal and political circumstances.
The “Necessary and Proper” Clause (McCulloch v. Maryland, 1819):
The “Necessary and Proper” Clause grants Congress the power to pass laws required for executing its enumerated powers, but it’s vague in defining what is “necessary” or “proper.” In McCulloch v. Maryland (1819), the Supreme Court interpreted this clause to allow Congress to create a national bank, even though such power was not explicitly mentioned in the Constitution. This case shows that the Constitution’s vagueness, particularly in this clause, enables broad interpretations that allow the government to function effectively in a changing world. The flexibility of the clause reflects the Constitution’s adaptability to new circumstances and challenges. The ruling established the precedent that the government could take actions beyond the literal text if they are necessary to fulfill constitutional goals.
The nature of the constitution:
How can the nature of the constitution be seen through bipartisanship? (use two examples)
The Infrastructure Investment and Jobs Act (2021):
The Infrastructure Investment and Jobs Act, signed into law in November 2021, demonstrates how bipartisan cooperation is still possible under the Constitution’s framework. The bill, which allocated $1.2 trillion for improving U.S. infrastructure, passed with strong support from both Republicans and Democrats in Congress. The Constitution’s system of checks and balances and shared powers between the executive and legislative branches meant that bipartisan support was required to move the legislation forward. Despite political differences, lawmakers were able to come together and prioritize national infrastructure needs, showing that the Constitution encourages negotiation and compromise. The passage of the bill reflects how even in times of division, the framework of the Constitution encourages cooperation for the greater public good.
The CARES Act (2020):
The CARES Act, passed in March 2020 in response to the COVID-19 pandemic, is an example of bipartisan cooperation in Congress. The Constitution grants Congress the power to pass economic legislation, and this massive relief bill passed with significant support from both Republican and Democratic lawmakers. Despite intense political polarization, both parties worked together to approve the bill, reflecting the Constitution’s expectation that, although parties may differ, governance requires cooperation. The act’s passage showed that even in times of division, the Constitution’s processes encourage legislative compromise. The willingness to collaborate for national interests highlights how the Constitution fosters bipartisanship, even if it’s challenging.
The nature of the constitution:
How can the nature of the constitution be seen through the amendment process? (use two examples)
The 27th Amendment (1992):
The 27th Amendment prohibits any law that increases or decreases the salary of members of Congress from taking effect until after the next election. Although proposed in 1789, it wasn’t ratified until 1992, demonstrating how the Constitution’s amendment process allows for long-delayed changes that still hold relevance. The amendment ensures that lawmakers cannot immediately benefit from salary increases they approve for themselves, maintaining accountability. It shows the Constitution’s flexibility in addressing contemporary concerns about government transparency and fairness, even long after the original proposal. This reflects how the amendment process can correct perceived flaws in governance, even many years after a proposal.
The 26th Amendment (1971):
The 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18, responding to demands from young people, especially during the Vietnam War, who argued they should have the right to vote if they could be drafted. The amendment process allowed the Constitution to adapt to shifting societal values and ensure broader participation in the democratic process. By reflecting changing attitudes towards youth civic engagement, the amendment process demonstrates the Constitution’s ability to evolve in response to political movements. The swift passage of the amendment, with overwhelming support, highlights the responsiveness of the Constitution to the needs and voices of the public. This example shows the amendment process’s role in enhancing democratic inclusion while maintaining constitutional stability.
Key amendments:
What are the bill of rights and what was the purpose of them?
The Bill of Rights is the first 10 amendments to the U.S. Constitution, Its purpose is to limit government power and ensure people’s basic rights are safe.
Key amendments:
What does the 1st amendment mean?
Protects freedom of speech, press, assembly, and religion.
Key amendments:
What does the 2nd amendment mean?
Ensures the right to keep and bear arms (keep weapons)
Key amendments:
What does the 4th amendment mean?
Protects against unreasonable searches and seizures.
Key amendments:
What does the 5th amendment mean?
Protects against self-incrimination, double jeopardy, and ensures due process and protection of private property.
Key amendments:
What does the 6th amendment mean?
Guarantees the right to a fair and speedy public trial, an impartial jury, and the right to counsel.
Key amendments:
What does the 7th amendment mean?
Provides the right to a trial by jury in civil cases.
Key amendments:
What does the 8th amendment mean?
Protects against cruel and unusual punishment and excessive bail or fines.
Key amendments:
What does the 10th amendment mean?
States that any powers not given to the federal government are reserved for the states or the people
The amendment process:
What are the advantages of the amendment process e.g. broad support (use two examples)
Broad Support for the Equal Rights Amendment (ERA) (2020-2021):
In recent years, there has been renewed momentum to ratify the Equal Rights Amendment (ERA), which aims to ensure that equal rights under the law are not denied or abridged on account of sex. In 2020, the Virginia legislature became the 38th state to ratify the amendment, finally meeting the threshold for the required number of state ratifications. The process of gaining widespread support across many states and political backgrounds was slow but ensured that the change had national legitimacy, even though the amendment’s original proposal came in the 1920s. This illustrates the advantage of the amendment process: it ensures that only changes with substantial, broad-based support across different political and geographic regions are made to the Constitution.
The Marijuana Legalization Movement and Federal Protection (2021-present):
The movement for marijuana legalization has gained broad support across many U.S. states, with 21 states and Washington D.C. legalizing marijuana for recreational use by 2023. While these states have passed their own laws, the push for federal legalization has been hindered by the difficulty of amending the Constitution. Despite national support for decriminalization, the amendment process would require extensive political and public support to change federal laws at the constitutional level. The constitutional difficulty prevents hasty federal action and ensures that changes reflect national consensus, ensuring both state autonomy and federal protection.
The amendment process:
What are the advantages of the amendment process e.g. prevents the tyranny of large states or single parties (use two examples)
The Electoral College and Presidential Elections (2020 Election):
Despite growing calls to abolish the Electoral College, it remains a vital component of presidential elections. In the 2020 presidential election, Joe Biden won the popular vote, but Donald Trump still garnered significant support in the Electoral College due to the system’s balance between large and small states. The Electoral College ensures that large states like California don’t have too much power in selecting the president, balancing the interests of less populous states like Wyoming or Montana. The difficulty in amending the Constitution to abolish the Electoral College prevents large states from completely overshadowing smaller states in the electoral process, maintaining a balance of power.
Senate Representation (2022 Midterms):
The Senate provides equal representation to all states, regardless of population size, which helps prevent larger states from overpowering smaller states in the legislative process. For instance, California, with its over 39 million residents, has the same number of Senators as Wyoming, with only 600,000 people. The difficulty in amending the Constitution to change this representation ensures that smaller states retain a strong voice in the federal government. Even as some debate the fairness of this system, it serves as a safeguard against the tyranny of larger states and ensures that all states, no matter their size, have a voice in national decisions.
The amendment process:
What are the disadvantages of the amendment process e.g. it ignores minority interests (use two examples)
Black Lives Matter Movement (2013-present):
The Black Lives Matter (BLM) movement, which gained momentum in 2013 following the acquittal of George Zimmerman in the shooting death of Trayvon Martin, brought systemic racial inequality and police violence into the national conversation. Despite widespread protests and public support for stronger police reform, the U.S. Constitution has yet to be amended to directly address issues like police brutality or racial discrimination. Instead, much of the reform has come through state-level legislative changes, such as California’s SB 1421 (2018), which expanded public access to police records. The difficulty in amending the Constitution has meant that reform efforts have been fragmented and slow, often requiring years of legal battles and activism instead of a direct, national legal shift.
LGBTQ Rights and Same-Sex Marriage (2000s-2015):
For years, efforts to secure legal protections for LGBTQ individuals, particularly regarding marriage equality, were blocked despite significant public support for the LGBTQ community. The Obergefell v. Hodges decision in 2015 legalized same-sex marriage across the country, but this landmark change came through the Supreme Court’s interpretation of the 14th Amendment’s Equal Protection Clause, not through a constitutional amendment. Before this, there were multiple failed attempts to amend the Constitution to define marriage as being between a man and a woman, including the Marriage Protection Amendment proposed in 2004. This prolonged process highlighted how the amendment process can prevent timely recognition of minority rights, with the LGBTQ community having to rely on judicial rulings to achieve equal marriage rights rather than a constitutional change.
The amendment process:
What are the disadvantages of the amendment process e.g. difficulty to ensure that the constitution remains up to date (use two examples)
Gun Control and Mass Shootings (2010s-present):
In recent years, the United States has seen a disturbing rise in mass shootings, such as the 2017 Las Vegas shooting and the 2018 Parkland High School shooting. Public demand for stronger gun control measures, including expanded background checks and restrictions on assault weapons, has been widespread. However, the constitutional amendment process makes it difficult to pass any changes to the Second Amendment, which is often cited as a barrier to gun control laws. Despite ongoing public pressure, efforts to amend the Constitution to address gun violence and redefine gun rights have consistently failed, leaving reforms to be handled at the state level rather than through a national constitutional change.
The Failure to Renew the Assault Weapons Ban (2004-present):
The Assault Weapons Ban passed in 1994 temporarily restricted the sale of semi-automatic firearms, but the law expired in 2004, and efforts to renew it have stalled. Mass shootings, such as the 2012 Sandy Hook Elementary School shooting and the 2017 Las Vegas massacre, have reignited calls for reinstating the ban or implementing new federal restrictions on assault weapons. Despite growing public support for stricter gun laws, including limits on military-style weapons, the Second Amendment remains a significant barrier, and amending the Constitution to limit gun rights has been nearly impossible. This demonstrates how the amendment process impedes the government’s ability to update the Constitution to address the changing nature of gun violence in America.
Constitutional framework of the government:
What are the branches of government and what do they do?
Legislative - makes laws (Congress)
Executive - carries out the laws (The President)
Judicial - interprets the law (The Supreme Court)
Checks and balances:
How does Congress ensure checks and balances on the president? e.g. legislative power to override president’s actions (use two examples)
Veto Override of President Trump’s National Emergency Declaration (2019)
In February 2019, President Trump declared a national emergency to reallocate funds for the construction of a border wall, bypassing Congress’s appropriations authority. In response, Congress, led by Democrats and some Republicans, passed a resolution to block the emergency declaration. President Trump vetoed the resolution, but Congress overrode the veto in March 2019 with a two-thirds majority in both the House and Senate. This action demonstrated Congress’s ability to override a presidential veto and prevent executive overreach in controlling government spending.
Congressional Response to Trump’s “Muslim Ban” Executive Order (2017)
In January 2017, President Trump signed an executive order restricting travel from seven Muslim-majority countries, known as the “Muslim Ban.” Congressional lawmakers, especially Democrats, criticized the order and called for legislative action to protect immigrants and refugees. While Congress did not directly overturn the order, members held multiple hearings, proposed alternative legislation, and raised legal challenges to the order in court. This demonstrated Congress’s role in checking the President by using its legislative powers to challenge the President’s executive actions through public debate, hearings, and legislative proposals.
Checks and balances:
How does Congress ensure checks and balances on the president? e.g. power of the purse (use two examples)
Blocking the Border Wall Funding (2019):
In 2019, President Trump requested $5.7 billion in funding for the construction of a border wall between the U.S. and Mexico. However, Congress, particularly the House of Representatives, refused to approve the allocation of these funds, as they opposed Trump’s immigration policies and the wall itself. This disagreement led to a partial government shutdown in December 2018, lasting for 35 days. To bypass Congress’s refusal, Trump declared a national emergency to access additional funds from the Pentagon, but Congress used its power of the purse to block the emergency declaration, signaling its authority to control government spending and limit the President’s ability to redirect funds without Congressional approval.
Restricting Military Spending (2020):
In 2020, Congress exercised its power of the purse through the National Defense Authorization Act (NDAA), which contained provisions restricting President Trump’s ability to use military force against Iran without Congressional approval. This came after rising tensions between the U.S. and Iran, particularly following the assassination of Iranian General Qasem Soleimani. Congress, concerned about the potential for military escalation, included language in the NDAA that required the President to seek Congressional approval before taking further military action in the region. By doing so, Congress used its control over defense spending to limit the President’s unilateral authority in military matters and ensure that any significant military action would involve legislative oversight.
Checks and balances:
How does Congress not ensure checks and balances on the president? e.g. power to override presidential actions (use two examples)
Veto of the War Powers Resolution (2020)
In 2020, following the U.S. drone strike that killed Iranian General Qasem Soleimani, Congress passed a War Powers Resolution to limit President Trump’s ability to engage in military action against Iran without Congressional approval. However, after Trump vetoed the resolution, Congress was unable to override the veto with enough votes. This allowed the President to maintain control over military decisions and bypass legislative oversight. The failure to override the veto demonstrated how Congress’s power to check the President on military matters was limited in practice. The veto effectively left Trump with the authority to act unilaterally on foreign policy.
Veto of the COVID-19 Relief Bill (2020)
In December 2020, President Trump vetoed the National Defense Authorization Act (NDAA), which included both defense spending and a $900 billion COVID-19 relief package. Trump opposed certain provisions in the bill, including Section 230 (social media protections) and the size of the stimulus checks. While Congress successfully overrode the veto on military funding, they failed to override the veto on the COVID-19 relief portion, causing delays in economic assistance. This failure reflected Congress’s inability to fully challenge the President’s veto, even when critical relief was at stake. It showed the difficulty Congress faced in overriding a President’s veto, especially in times of political division.
Checks and balances:
How does Congress not ensure checks and balances on the president? e.g. power of the purse (use two examples)
National Emergency Declaration for Border Wall Funding (2019):
In 2019, after Congress refused to allocate funds for President Trump’s border wall, Trump declared a national emergency to access military funds for the project. Congress passed a resolution to block the declaration, but Trump vetoed the resolution, and Congress was unable to override the veto. This allowed the President to divert funds from other sources, bypassing Congressional control over spending. This event demonstrated Congress’s limited ability to exercise its power of the purse when the President uses emergency powers. As a result, Trump was able to reallocate funds without the approval of Congress, undermining the legislative branch’s fiscal authority.
COVID-19 Stimulus Negotiations (2020):
During the COVID-19 pandemic, Congress passed a $2 trillion relief package, but President Trump had significant influence over how the funds were allocated, especially the size of the stimulus checks. After the package was passed, Trump demanded that Congress increase the direct payments from $600 to $2,000. This led to a delay in the distribution of relief funds while negotiations continued. Even though Congress had approved the package, Trump’s influence over the specifics of the relief showed how the President could shape fiscal policy, demonstrating that Congress’s control over spending was not absolute when faced with executive pressure. This situation exemplified the limits of Congressional power over the purse when the President takes a prominent role in shaping the allocation of funds.
Checks and balances:
How does Congress ensure checks and balances on the Supreme Court? e.g. confirmation of judicial nominees (use two examples)
Confirmation of Justice Brett Kavanaugh (2018):
In 2018, President Trump nominated Brett Kavanaugh to the Supreme Court, and his nomination process was marked by intense scrutiny. The Senate Judiciary Committee held several hearings where Kavanaugh was questioned about his judicial record, legal philosophy, and allegations of sexual misconduct. Despite the controversy, the Senate ultimately confirmed Kavanaugh by a narrow vote of 50-48. This example demonstrates how the Senate uses its confirmation power to ensure judicial nominees meet the Senate’s standards. The contentious hearings and vote illustrated how Congress acts as a check on the President’s power to shape the judiciary.
Rejection of Justice Merrick Garland (2016):
In 2016, following the death of Justice Antonin Scalia, President Obama nominated Merrick Garland to fill the vacancy on the Supreme Court. However, the Republican-controlled Senate, led by Majority Leader Mitch McConnell, refused to hold hearings or vote on Garland’s nomination, arguing that the next president should make the appointment. The Senate’s refusal to act on Garland’s nomination marked a significant use of Congressional power to block a Presidential judicial appointment. Despite Garland’s widespread bipartisan support, the Senate exercised its power of advice and consent to prevent the nomination. This situation demonstrated how the Senate can act as a check on the President’s judicial appointments.
Checks and balances:
How does Congress ensure checks and balances on the Supreme Court? e.g. power to amend the constitution (use two examples)
The Equal Rights Amendment (ERA) (2017):
The Equal Rights Amendment (ERA), first introduced in Congress in 1923 and passed by Congress in 1972, was designed to ensure equality under the law regardless of sex. After the **Supreme Court’s decision in Washington v. Glucksberg (1997), which clarified the interpretation of substantive due process rights and made it difficult to establish new rights not specifically mentioned in the Constitution, Congress revived efforts to ratify the ERA. The amendment, which still has not been ratified, was reintroduced in the 2017 Congress and has gained momentum in recent years as a response to the Court’s conservative stance on gender equality in its rulings. This example shows how Congress can use the constitutional amendment process to address issues the Supreme Court has ruled on, particularly related to gender equality.
The Campaign Finance Amendment (2014):
In response to the Supreme Court’s decision in Citizens United v. FEC (2010), which struck down key provisions of the Bipartisan Campaign Reform Act (BCRA) and allowed unlimited corporate spending in elections, there has been ongoing legislative action to limit the influence of money in politics. In 2014, Congress began proposing a Campaign Finance Amendment that would overturn Citizens United by limiting corporate spending in elections and possibly giving Congress the authority to regulate political contributions. While this amendment has yet to be passed, it represents a significant attempt by Congress to reverse the Supreme Court’s interpretation of the First Amendment and ensure greater regulation of money in politics. This is an example of Congress using its constitutional amendment power to counteract a decision from the Court it considers damaging to democratic processes.
Checks and balances:
How does Congress not ensure checks and balances on the Supreme Court? e.g. confirmation of judicial nominees (use two examples)
Justice Neil Gorsuch’s Confirmation (2017):
In 2017, President Donald Trump nominated Neil Gorsuch to fill the vacancy left by the death of Justice Antonin Scalia. The Senate, controlled by Republicans, confirmed Gorsuch despite the fact that President Obama had nominated Merrick Garland in early 2016, but Senate Republicans refused to hold a vote, citing the proximity to the election. This move was widely viewed as a politically motivated decision to block Obama’s nominee and ensure a conservative replacement. Gorsuch’s confirmation process highlighted how partisan politics influenced Congress’s role in judicial confirmations, with the Senate failing to properly check the President’s power when political expediency took precedence over judicial qualifications.
Justice Clarence Thomas (1991):
In 1991, President George H.W. Bush nominated Clarence Thomas to the Supreme Court, despite accusations of sexual harassment made by Anita Hill during Thomas’ confirmation hearings. Although Hill’s testimony was controversial and raised concerns about Thomas’s qualifications, the Senate proceeded to confirm him with a narrow vote of 52-48. Despite significant opposition, Congress did not use its power to block Thomas’ confirmation, despite the serious allegations that were brought forward. This example shows how Congress can sometimes fail to thoroughly check the qualifications of judicial nominees, allowing political considerations to drive the confirmation process rather than substantive evaluation.
Checks and balances:
How does Congress not ensure checks and balances on the Supreme Court? e.g. power to amend the constitution (use two examples)
The Marriage Equality Amendment (2015):
After the Supreme Court’s ruling in Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide, several conservative lawmakers proposed a constitutional amendment to ban same-sex marriage, arguing that the Court had overstepped its authority. Despite the strong opposition to the ruling from some quarters, Congress did not pass the proposed amendment, and the matter was left unresolved. This inaction shows how, even when Congress has the power to propose constitutional amendments to counter a Court decision, it sometimes fails to act, even in response to deeply divisive issues such as marriage equality.
Efforts to Reverse Citizens United (2010):
Following the Supreme Court’s controversial Citizens United v. FEC (2010) decision, which allowed unlimited corporate spending in political campaigns, Congress attempted to use its constitutional amendment power to reverse the ruling. While several proposals were made in the years following the decision, including the Democracy for All Amendment in 2013 and subsequent efforts, these proposals have failed to gain sufficient traction or pass in Congress. Despite widespread criticism of the Citizens United decision and its effects on campaign finance, Congress has not been able to pass an amendment to counter the Court’s ruling, demonstrating how Congress sometimes refrains from using its amendment power when it is politically challenging.
Checks and balances:
How does the president ensure checks and balances on Congress? e.g. veto power (use two examples)
Vetoing the National Defense Authorization Act (2020):
In December 2020, President Donald Trump vetoed the National Defense Authorization Act (NDAA), a critical annual defense spending bill. This bill is generally a routine part of Congress’s work, and Congress had passed it overwhelmingly, with bipartisan support. However, Trump vetoed the bill due to several provisions that he opposed. One major point of contention was a provision requiring the renaming of military bases named after Confederate generals, which Trump opposed. He also objected to provisions limiting his authority to withdraw troops from Afghanistan and Iraq, which Congress had added to the defense bill. The veto reflected Trump’s attempt to exert control over military policy and defense spending, forcing Congress to either revise the bill or attempt to override his veto. Ultimately, Congress overrode his veto, but the episode demonstrated the President’s ability to challenge Congress’s legislative priorities.
Vetoing the COVID-19 Relief Package (2020):
In December 2020, President Trump vetoed the $2.3 trillion COVID-19 relief package that Congress passed in response to the ongoing pandemic. The bill included provisions for direct stimulus payments, extended unemployment benefits, and funding for health care systems. However, Trump expressed dissatisfaction with the size of the direct payments, calling them insufficient and demanding an increase in the stimulus check amounts from $600 to $2,000. His veto was aimed at challenging Congress’s approach to the economic relief package, demonstrating how the President can influence major legislation and force Congress to reconsider the details of the bill. This move delayed the relief to millions of Americans, showing the President’s power to stall Congressional action and influence policy, especially during a national crisis.
Checks and balances:
How does the president ensure checks and balances on Congress? e.g. executive orders (use two examples)
Executive Order on Immigration (2020):
In 2020, President Trump issued an Executive Order that extended the Deferred Action for Childhood Arrivals (DACA) program. DACA, which provides protections from deportation for undocumented immigrants brought to the U.S. as children, had been threatened by Trump’s administration after attempts to end the program. However, due to Congress’s failure to pass comprehensive immigration reform or a permanent solution for DACA recipients, Trump issued the executive order to continue protections for DACA recipients. This was an example of the President using his executive authority to take action on an important issue when Congress could not act, thereby bypassing the legislative gridlock over immigration reform. Trump’s order effectively allowed him to advance a policy priority despite Congress’s inability to pass a law that would provide permanent protections for Dreamers.
Executive Order on the Paris Agreement (2017):
In 2017, President Trump made the controversial decision to withdraw the United States from the Paris Climate Agreement, a global pact to address climate change that was negotiated by nearly 200 countries in 2015. Congress had not ratified the Paris Agreement, and the issue had largely been left to executive action. Trump’s decision to withdraw from the agreement was a clear example of the President exercising executive authority to override a policy that Congress had not passed into law. Despite significant public and international pressure, Trump used his executive power to set the U.S. on a path of withdrawing from the agreement, demonstrating how the President can use executive orders to set foreign policy independently of Congress, especially when the legislature is divided or inactive on issues of global importance.
Checks and balances:
How does the president not ensure checks and balances on Congress? e.g. veto power (use two examples)
Failure to Veto the Bipartisan Infrastructure Bill (2021):
In 2021, President Joe Biden signed a $1.2 trillion infrastructure bill into law, a major piece of legislation aimed at improving roads, bridges, and broadband across the United States. Despite significant bipartisan support and clear benefits for his administration’s policy agenda, there were parts of the bill that some progressive lawmakers felt did not go far enough in addressing climate change and social programs. The President did not use his veto power to limit the scope of the bill, even though it did not fully align with the more ambitious proposals from his party. His decision not to veto allowed Congress to pass a significant bill, even though it did not reflect the comprehensive legislative vision the President had outlined during his campaign. This example shows that the veto power does not always result in checks and balances if the President does not take action to assert his position over Congressional compromises.
Not Vetoing the National Defense Authorization Act (2021):
In 2021, President Biden signed the National Defense Authorization Act (NDAA) into law, which authorizes defense spending for the year. Despite being a critical defense bill, some progressive members of Congress, as well as the President’s own party, were concerned about its provisions for defense spending, as well as continued military operations overseas. While the President did not veto the NDAA, there were calls for him to do so in order to hold the military to account for certain spending priorities and overseas military commitments. His decision to sign the bill reflected how veto power could sometimes be avoided or ineffective when Congress and the President find mutual compromise on major issues, preventing the veto from being a tool for real checks on Congressional spending priorities.
Checks and balances:
How does the president not ensure checks and balances on Congress? e.g. executive orders (use two examples)
Executive Orders on Immigration (2017–2020):
In 2017, President Trump issued several executive orders aimed at restricting immigration, including the controversial travel ban (often referred to as the “Muslim ban”) and efforts to end the DACA program. These orders were seen as an attempt to bypass Congress’s inability to pass comprehensive immigration reform. Despite Congress having the constitutional authority to address immigration issues, their failure to reach a consensus allowed the President to act unilaterally. Trump’s executive orders on immigration did not require Congressional approval and bypassed the normal legislative process. This demonstrates how executive orders can sidestep Congress, preventing it from fully engaging in the policymaking process, thus weakening the system of checks and balances.
Executive Order on Climate Change Regulations (2017):
In 2017, President Trump signed an executive order to roll back key environmental protections, including the Clean Power Plan, which aimed to limit carbon emissions from power plants. Trump’s action bypassed Congress, which had not passed any significant climate change legislation to address these issues. The order was widely criticized by environmental groups, many of whom believed climate change action should have been handled through laws passed by Congress, not unilateral executive action. By issuing the executive order, President Trump sought to undo regulations that had been established without waiting for Congressional involvement. This situation highlights how executive orders can bypass the legislative process, diminishing Congress’s authority and preventing meaningful legislative checks on presidential actions.
Checks and balances:
How does the president ensure checks and balances on The Supreme Court? e.g. nominating justices (use two examples)
Nomination of Amy Coney Barrett (2020):
In 2020, President Donald Trump nominated Amy Coney Barrett to the Supreme Court after the passing of Justice Ruth Bader Ginsburg. Barrett’s nomination came just weeks before the presidential election, which stirred significant debate, but she was confirmed by the Senate with a narrow vote. President Trump’s nomination of Barrett allowed him to appoint a conservative justice, thus shifting the ideological balance of the Court. The appointment of Barrett was a direct check on the direction of the Supreme Court, reflecting the President’s ability to influence judicial decisions for years to come. This example highlights how the President uses his power to nominate justices to ensure a lasting impact on the judiciary.
Nomination of Brett Kavanaugh (2018):
In 2018, President Trump nominated Brett Kavanaugh to the Supreme Court following the retirement of Justice Anthony Kennedy. Kavanaugh’s confirmation was highly contentious, with several allegations of misconduct coming to light during the confirmation hearings. Despite these controversies, Kavanaugh was confirmed by the Senate, securing a solid conservative majority on the Court. By nominating Kavanaugh, Trump ensured that his judicial philosophy would have a long-lasting influence on important decisions. This shows how the President can shape the future direction of the judiciary through strategic nominations.
Checks and balances:
How does the president ensure checks and balances on The Supreme Court? e.g. executive orders effecting judicial practices (use two examples)
Executive Order on Judicial Review of Immigration Policies (2017):
In 2017, President Trump issued an executive order to strengthen the enforcement of immigration laws, which included actions related to the treatment of immigrants that were later challenged in court. For instance, the “Muslim Ban” (Executive Order 13769) was challenged and brought to the Supreme Court, which upheld a revised version of the ban. The President’s order forced the judicial branch to examine the legality of the administration’s immigration policies. The Supreme Court’s decision to uphold the ban in 2018 gave the President significant leverage in implementing his immigration agenda, showing how executive actions can prompt judicial review and affect future Court decisions. This demonstrates how the President’s actions can influence judicial decision-making and prompt a check on the judiciary’s power in interpreting laws.
Executive Orders on DACA (2017–2020):
President Trump’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program, which began in 2017, led to a significant case being brought before the Supreme Court in 2020. Trump’s attempt to rescind DACA was challenged by several states, arguing that ending the program would be illegal. The Supreme Court ruled in 2020 that the Trump administration did not follow proper procedures when attempting to end DACA. By initiating this legal battle, President Trump indirectly influenced the Court’s interpretation of executive powers and immigration policies. This case shows how executive orders can lead to legal challenges that ultimately require the judicial branch to act, demonstrating the President’s indirect check on the Court’s decisions.
Checks and balances:
How does the Supreme Court ensure checks and balances on the President? e.g. Limited Control Over Judicial Interpretation (use two examples)
Supreme Court’s Ruling on DACA (2020):
In 2020, the Supreme Court ruled in a 5-4 decision that President Trump’s attempt to end the DACA program was unlawful. The President had issued an executive order to dismantle the program, but the Court found that his administration had not followed proper procedures. Despite Trump’s efforts to end DACA, the Supreme Court ruled against him, asserting its independence in interpreting the law. This ruling illustrated how the judiciary can act as a check on the President’s actions, making it clear that even the President’s executive actions are subject to judicial review. The decision demonstrates that the President does not have the power to directly control or dictate the Court’s interpretation of the law.
Supreme Court’s Ruling on the Travel Ban (2018):
Although President Trump issued a travel ban in 2017, the Supreme Court ultimately upheld a revised version of the ban in 2018. Trump’s order aimed to restrict travel from several predominantly Muslim countries, but the judicial branch played a significant role in interpreting its legality. While the Court’s decision favored Trump, the case demonstrated that the Supreme Court is not automatically aligned with presidential policy and that the President cannot directly dictate how the Court will rule. The ruling showed that even when the President takes executive action, the judiciary remains a powerful check on presidential power, interpreting and shaping the legality of executive orders. Thus, the President does not directly control judicial outcomes, even in high-profile cases.
Checks and balances:
How does the Supreme Court ensure checks and balances on the President? e.g. Judicial Independence from Presidential Pressure (use two examples)
Judicial Independence in Impeachment Trials (2020):
During President Trump’s impeachment trial in 2020, he faced charges of abuse of power and obstruction of Congress. The Supreme Court had no direct role in the trial itself, as the impeachment process is a legislative function, but President Trump attempted to use his influence on the judicial branch to dismiss subpoenas and block evidence from being presented. Despite his efforts to pressure the courts, the judiciary remained independent, and key decisions were made in favor of Congress’s ability to access relevant documents. This instance showed that the President cannot manipulate or directly control judicial outcomes related to his personal or political affairs. The impeachment process highlighted the ability of the judicial branch to operate independently, even under pressure from the executive.
Supreme Court’s Refusal to Overturn the Election Results (2020):
After the 2020 presidential election, President Trump and many of his supporters tried to pressure the courts to overturn the election results, claiming widespread voter fraud. The President filed multiple lawsuits across various states, attempting to get courts to nullify the results or change them. However, the Supreme Court declined to hear most of these cases, and many lower courts dismissed them, citing insufficient evidence. This demonstrated that the judiciary remained independent, refusing to be influenced by the President’s claims or political pressure. The Court’s refusal to intervene in the election results affirmed its autonomy from the President, showing that judicial decisions are not easily swayed by the executive branch.
Checks and balances:
How does the Supreme Court ensure checks and balances on the President? e.g. Limited Control Over Judicial Interpretation (use two examples)
Supreme Court’s Ruling on Affordable Care Act (2020):
In 2020, President Trump sought to have the Affordable Care Act (ACA), also known as Obamacare, repealed, and his administration filed a case challenging its constitutionality. Despite the President’s efforts, the Supreme Court upheld the ACA in a 7-2 decision, ruling that the mandate penalty was unconstitutional but did not strike down the law. This was a significant example of how the Court can act independently, even when the President has appointed conservative justices. Trump had attempted to dismantle the ACA throughout his presidency, but the judiciary stood firm in its interpretation of the law. The case demonstrated that the President cannot control the Supreme Court’s rulings, even when it concerns his top legislative priorities.
Supreme Court’s Ruling on the Citizenship Question in the 2020 Census:
In 2019, President Trump attempted to add a question about citizenship to the 2020 Census, which was highly controversial and faced widespread opposition. The Supreme Court ruled 5-4 that the administration’s rationale for adding the question was insufficient and sent the case back to the lower courts. Despite Trump’s desire to include the question, the Court’s ruling was a significant check on his ability to implement this policy. This example shows how the Supreme Court can strike down or delay actions by the President, highlighting the Court’s independence in interpreting the law. The decision affirmed that the President does not have the power to dictate the Court’s interpretation of laws and policies.
Checks and balances:
How does the Supreme Court ensure checks and balances on the President? e.g. Judicial Independence from Presidential Pressure (use two examples)
Supreme Court’s Ruling on Trump’s Financial Records (2020):
In 2020, President Trump tried to block subpoenas seeking his financial records from Congress and New York prosecutors. The Supreme Court ruled that the records could be obtained, though it also placed certain limits on Congress’s ability to obtain them. This case demonstrated the Court’s ability to operate independently, even when the President sought to protect his personal information. Trump’s attempts to block the subpoenas were unsuccessful, highlighting how the judiciary can act as a check on executive power. The ruling emphasized that the President cannot control the Court, and the judiciary will not act in favor of the executive branch’s wishes if it contradicts the law.
Supreme Court’s Decision on the Emoluments Clause (2020):
President Trump was embroiled in legal battles over potential violations of the Emoluments Clause of the Constitution, which prohibits the President from receiving gifts or payments from foreign governments. In 2020, the Supreme Court allowed lawsuits to proceed, despite efforts by Trump’s administration to dismiss them. While the President’s legal team attempted to block these suits, the judiciary maintained its independence by allowing the challenges to go forward. The Court’s decision was a significant reminder that the President does not have the power to influence or control judicial decisions regarding constitutional matters. This case illustrates that even when the President seeks to avoid legal scrutiny, the judiciary acts independently to ensure the rule of law is upheld.
Checks and balances:
How does the Supreme Court ensure checks and balances on the Congress? e.g. Judicial Review of laws passed by Congress (use two examples)
Ruling on the Affordable Care Act (2012):
In National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled on the constitutionality of the Affordable Care Act (ACA), passed by Congress in 2010. The Court upheld most of the ACA but ruled that the individual mandate could not be justified under Congress’s power to regulate interstate commerce. This was a key example of the Supreme Court using judicial review to check Congress’s legislative power, ensuring that Congress cannot pass laws that overreach its constitutional authority. Despite Congress’s intent to overhaul the healthcare system, the Court curtailed one aspect of the law. This decision demonstrated the Court’s role in ensuring that Congressional legislation adheres to the Constitution.
Ruling on the Voting Rights Act (2013):
In Shelby County v. Holder (2013), the Supreme Court ruled that a key provision of the Voting Rights Act of 1965 (Section 4(b)) was unconstitutional. The provision required certain states and local governments with a history of voting discrimination to obtain federal approval before changing voting laws. The Court argued that Congress had not updated the formula for which jurisdictions required preclearance, making the law outdated and unconstitutional. This ruling limited Congress’s power to regulate voting rights, showing how the Supreme Court can check the legislative branch by determining when its laws are unconstitutional. It underscored the role of the Court in ensuring that Congressional actions do not violate the Constitution, even on issues as significant as voting rights.
Checks and balances:
How does the Supreme Court ensure checks and balances on the Congress? e.g. protection of individual rights against Congress overstepping their powers (use two examples)
Ruling on Same-Sex Marriage (2015):
In Obergefell v. Hodges (2015), the Supreme Court ruled that same-sex marriage is a constitutional right under the 14th Amendment’s Equal Protection and Due Process Clauses. Although Congress had not passed a nationwide law on same-sex marriage, the Court ensured that states’ laws banning same-sex marriage were unconstitutional. The Court’s decision in Obergefell prevented Congress from potentially passing discriminatory laws at the federal level and safeguarded the rights of LGBTQ+ individuals. By recognizing marriage equality, the Court ensured that Congress could not legislate against constitutional protections for personal freedoms. This case is an example of how the Court checks Congress’s potential overreach in infringing upon individual rights.
Ruling on the Defense of Marriage Act (DOMA) (2013):
In United States v. Windsor (2013), the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage as between one man and one woman, was unconstitutional. This law, passed by Congress in 1996, prevented same-sex couples from receiving federal benefits. The Court struck down DOMA as a violation of equal protection rights, reinforcing that Congress cannot legislate in a manner that discriminates against individuals based on sexual orientation. The ruling ensured that Congress’s attempts to regulate marriage did not infringe on citizens’ rights to equal treatment. This decision demonstrated the Court’s role in upholding individual liberties, even when Congress passes laws that might infringe upon them.
Checks and balances:
How does the Supreme Court not ensure checks and balances on the Congress? e.g. Congress’s legislative power (use two examples)
Ruling on Campaign Finance (2010):
In Citizens United v. FEC (2010), the Supreme Court ruled that corporations and unions could spend unlimited amounts on political campaigns, interpreting the First Amendment as protecting such expenditures. Despite Congressional efforts to regulate campaign finance and curb corporate influence, the Court ruled in favor of broadening free speech protections for corporations. This decision showed how the Supreme Court sometimes defers to Congressional inaction, allowing corporate interests to have a major influence on the political process. Rather than checking Congress, the Court’s ruling enabled corporate spending, which some argue undermines the principle of fair elections. This is an example where the Court did not act as a check on Congress, despite public concern over its implications.
Ruling on Gun Rights (2008):
In District of Columbia v. Heller (2008), the Supreme Court ruled that the Second Amendment protects an individual’s right to possess firearms, striking down a law in Washington, D.C. that banned handgun ownership. This ruling overruled some efforts by Congress and state governments to implement stricter gun control laws. While some might view this as a check on Congressional actions, others argue that the decision limits Congress’s ability to pass more restrictive laws. This decision indicated that the Court may sometimes favor individual rights over legislative power, even if Congress seeks to implement policies for public safety. In this case, the Court deferred to individual rights over Congress’s efforts to regulate firearms, a decision not seen as a true check on legislative overreach.
Checks and balances:
How does the Supreme Court not ensure checks and balances on the Congress? e.g. Judicial overreach (use two examples)
Ruling on Abortion Rights (1973):
In Roe v. Wade (1973), the Supreme Court ruled that the right to an abortion was constitutionally protected under the 14th Amendment’s right to privacy. While this decision is considered a landmark in protecting individual rights, critics argue that the Court was overstepping by creating a new right not explicitly mentioned in the Constitution. By striking down state abortion laws, the Court prevented Congress from legislating on the matter, effectively imposing its will on the legislative branch. Some believe the Court should have deferred to Congress to decide the issue rather than crafting a broad, sweeping decision on abortion. This case demonstrates how the Court’s actions can limit Congress’s authority to make laws, raising questions about the appropriate balance of power between the branches.
Ruling on Same-Sex Marriage (2015):
In Obergefell v. Hodges (2015), the Court ruled that the right to marry is guaranteed to same-sex couples under the 14th Amendment, effectively legalizing same-sex marriage nationwide. Although the ruling was seen as a victory for civil rights, it was also criticized by some who argued that the Court was imposing its will on an issue that should have been determined by the democratic process in Congress and the states. Critics contend that the Court’s decision in Obergefell amounted to judicial activism, as it bypassed the legislative process and established a nationwide right to same-sex marriage. This example highlights how the Court can sometimes impose decisions that limit Congressional authority to legislate on matters of social policy. It raises questions about whether the Court overstepped its role, particularly on issues that were not fully addressed through the legislative process
Constitutional key principles:
How can the idea of limited government be seen in America? e.g. Different institutions checking on the President’s power (use two examples)
Supreme Court Blocks the “Remain in Mexico” Policy (2021):
In 2021, President Biden tried to end the “Remain in Mexico” policy, which required asylum seekers to stay in Mexico while their immigration cases were processed. The Supreme Court ruled that the Biden administration could not stop the policy right away, because it violated a federal law. This decision was a clear example of limited government because it showed that even the President could not make decisions without considering existing laws. The Supreme Court held the President accountable to the law, which kept his powers in check and ensured the government operated within its legal limits.
Rejection of Trump’s Emergency Declaration for Border Wall (2019):
In 2019, President Trump declared a national emergency to secure funding for a border wall after Congress refused to approve the funding in a budget bill. However, Congress used its power of the purse to block the reallocation of funds, preventing the emergency declaration from redirecting military money to build the wall. This is another example of limited government because Congress stopped the President from acting unilaterally. The legislature made sure that the President could not use an emergency declaration to bypass Congress and make decisions outside the constitutional process.
Constitutional key principles:
How can the idea of limited government be seen as effective? e.g. power of the purse (use two examples)
Power of the Purse – COVID-19 Relief Bills (2020-2021):
One example of the power of the purse in action was seen with the passage of multiple COVID-19 relief bills during the 2020-2021 pandemic. The U.S. Congress held the “power of the purse,” controlling how federal funds were spent, ensuring that public funds were allocated appropriately for pandemic relief efforts, including direct stimulus payments, unemployment benefits, and business support. Congress’s control over the purse strings, rather than allowing the executive branch to unilaterally direct the funds, upheld the principle of limited government by ensuring that such spending required broad legislative approval and was subject to public debate. This preserved accountability and transparency, preventing unchecked executive control over significant national resources.
Power of the Purse – Defense Spending (2023):
In 2023, Congress used its power of the purse to shape the federal government’s priorities by influencing defense spending. The National Defense Authorization Act (NDAA) passed in 2023 allocated billions of dollars for defense programs but also imposed specific restrictions on military spending. This ensures that the executive branch cannot use its power alone to increase military spending without legislative oversight and approval. By exercising control over how money is spent, Congress ensures that the military, along with other government sectors, operates within a framework of limited government, reflecting the people’s and states’ interests through their elected representatives.
Constitutional key principles:
How can the idea of limited government be seen as effective? e.g. Stopping executive orders (use two examples)
Executive Orders – Biden’s 2021 COVID-19 Mandates Blocked by Courts:
In 2021, President Joe Biden issued executive orders mandating COVID-19 vaccines for federal employees and contractors. However, the U.S. Supreme Court ruled in 2022 to block his vaccine mandate for private employers, stating that the executive order overstepped the authority granted to the president. This decision illustrated the effectiveness of the limited government concept, as the judiciary checked the executive branch’s power, reinforcing the idea that no single branch, including the executive, can act without boundaries. The ruling underscored the balance of power, with the judicial branch acting as a safeguard against potential overreach by the president.
Executive Orders – Trump’s Border Wall Funding Blocked (2019-2020):
In 2019, President Donald Trump attempted to use an emergency declaration to divert funds from the Department of Defense to construct a border wall. However, in 2020, Congress passed a joint resolution to block the diversion of funds, citing the principle of limited government and the need for Congress, not the president, to control public spending. The action represented a significant check on executive power, reaffirming the idea that the executive cannot unilaterally make decisions about federal funds, especially when they conflict with legislative authority. This situation showed how separation of powers and checks on the executive can protect against the expansion of presidential power.
Constitutional key principles:
How can the idea of limited government be seen as not effective? e.g. power of the purse (use two examples)
Trump’s Emergency Declaration for Border Wall Funding (2019):
In 2019, President Donald Trump declared a national emergency to bypass Congress’s refusal to fund the border wall, thereby redirecting military funds to the project. Despite Congress denying additional funds for the wall and attempting to block this action, the president used his emergency powers to access money already appropriated for other purposes. This example shows how the executive branch can continue its actions, even when Congress attempts to restrict spending, by using executive power to override or sidestep Congressional limitations. The power of the purse failed in this case to prevent the president from pursuing his priorities, highlighting that the executive branch can act unilaterally despite Congress’s control over federal spending.
Biden’s Executive Actions on Climate Change (2021):
In 2021, President Joe Biden used executive orders to address climate change, such as rejoining the Paris Climate Agreement and halting new oil and gas leases on federal lands. Congress, controlled by both Democrats and Republicans at different times, has struggled to pass comprehensive climate change legislation due to political divisions. Despite this lack of legislative backing, Biden was able to push forward his climate agenda using executive actions. This demonstrates that the power of the purse can be ineffective in limiting the executive branch’s actions, as the president can still implement policies through executive orders, bypassing the need for Congressional approval of spending.
Constitutional key principles:
How can the idea of limited government be seen as not effective? e.g. executive orders (use two examples)
Executive Orders – Biden’s Climate Executive Actions Delayed by Congress (2021):
President Biden’s executive actions on climate change, such as halting new oil and gas leases on federal lands, were an immediate response to environmental concerns. However, progress on broader climate change legislation has been slow in Congress due to partisan divides, with significant obstacles in passing comprehensive climate laws. This delay exemplifies the limitations of the amendment process and legislative gridlock in a limited government system. While Biden’s executive orders allowed for some action, the lack of legislative action meant that the broader changes necessary to address climate change were stalled, highlighting the limitations of executive actions without the backing of legislative reform.
Executive Orders – Trump’s Immigration Actions Blocked (2017-2021):
During President Trump’s tenure, his administration’s immigration policies, including the “Muslim Ban” and attempts to end DACA (Deferred Action for Childhood Arrivals), faced significant legal challenges and were eventually blocked by the courts. While the executive orders reflected the limited government principle by allowing the president to act unilaterally, the constant legal battles highlighted how executive actions can be ineffective when they lack legislative support. These executive orders created significant uncertainty and were often reversed by subsequent administrations, showing how executive action alone cannot bring about lasting change without the cooperation of the legislative branch. In these cases, limited government through executive orders slowed down meaningful reform and created policy instability.
Constitutional key principles:
How can the idea of separation of powers be seen in America? e.g. separation of powers (use two examples)
Impeachment of President Trump (2021):
In 2021, President Trump was impeached for a second time by the House of Representatives for inciting the January 6th Capitol riot. The House, which represents the legislative branch, brought charges against the President for his actions. This was an example of the separation of powers, as the legislative branch exercised its constitutional authority to hold the executive branch accountable. The Senate then held a trial, showing that the legislative branch had the authority to investigate and potentially remove the President from office, without interference from the executive branch.
Supreme Court Ruling on DACA (2020):
In 2020, the Supreme Court ruled against President Trump’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program, which protected undocumented immigrants brought to the U.S. as children. The Court determined that the administration had not followed the proper legal process to end the program, and thus the decision was invalid. This is an example of separation of powers because the judiciary (Supreme Court) used its authority to check the actions of the executive branch, preventing the President from taking action without following the law.
Constitutional key principles:
How can separation of powers be seen as being effective? e.g. legislative action and oversight (use two examples)
COVID-19 Relief Package (2020):
In 2020, Congress passed multiple COVID-19 relief packages, including the CARES Act and later, additional stimulus bills to address the pandemic’s economic impact. Despite political gridlock, the legislative branch was able to provide essential financial aid, showcasing how Congress can use its constitutional powers to legislate during times of crisis. The executive branch also signed these bills, but it was Congress that initiated and passed the legislation. This shows how the separation of powers allowed the legislative branch to act independently and ensure critical relief for Americans during a national emergency.
Congressional Oversight of Executive Actions (2021):
In 2021, Congress initiated investigations into the January 6 Capitol attack, holding hearings and gathering evidence related to the events. Despite the executive branch not having full control over these investigations, Congress exercised its constitutional power of oversight to investigate potential misconduct and ensure accountability. This process illustrated how the separation of powers helps maintain checks on the executive, ensuring that the president and executive agencies are held accountable for their actions. Congress’s independent role in investigating this event highlighted how the legislative branch can serve as a counterbalance to executive actions.
Constitutional key principles:
How can separation of powers be seen as being effective? e.g. executive accountability (use two examples)
Supreme Court Blocking Trump’s Travel Ban (2018):
In 2018, the U.S. Supreme Court ruled on President Donald Trump’s travel ban, which sought to prevent entry from several predominantly Muslim countries. The Court upheld a revised version of the ban but set important legal precedents, showing how the judicial branch can limit executive power when necessary. This decision showed how separation of powers works, with the judiciary acting as a check on executive authority and ensuring that the president’s actions align with constitutional principles, particularly around discrimination and due process.
Congressional Rejection of Presidential War Powers (2021):
In 2021, President Joe Biden authorized airstrikes in Syria in retaliation for attacks on U.S. personnel. The House of Representatives passed a resolution demanding greater oversight of presidential military action, arguing that the War Powers Resolution of 1973 required congressional approval for military interventions. Although the airstrikes were not halted, the debate emphasized how the legislative branch can assert its power to limit military action, showing that the separation of powers allows for executive accountability when Congress feels that the president exceeds their authority.
Constitutional key principles:
How can separation of powers be seen as being not effective? e.g. legislative gridlock (use two examples)
Immigration Reform (2013-2021):
Despite growing public support for immigration reform, efforts in Congress to pass a comprehensive immigration bill have been stalled for years. In 2013, the Senate passed a bipartisan immigration reform bill, but it failed to gain traction in the House of Representatives due to partisan differences. This gridlock highlights how the separation of powers between the two chambers can prevent the government from addressing critical issues, even when one branch of government is in agreement. The inability to pass meaningful immigration reform illustrates how the legislative process can become ineffective when party polarization hampers cooperation between the branches.
Government Shutdowns (2018-2019):
A notable example of legislative gridlock occurred during the 2018-2019 government shutdown, when Congress and President Trump failed to reach an agreement over funding for a border wall. The Senate and House could not reconcile their differences, and the executive branch became involved in an ongoing standoff, eventually leading to the longest shutdown in U.S. history. This incident revealed how the separation of powers can contribute to government paralysis when the legislative and executive branches cannot compromise. The shutdown disrupted government operations, showing how ineffective separation of powers can be when it prevents timely action.
Constitutional key principles:
How can separation of powers be seen as being not effective? e.g. presidential emergency powers (use two examples)
Presidential Emergency Powers (2020):
In 2020, President Donald Trump declared a national emergency to divert funds for a border wall, bypassing Congress’s control over federal spending. The separation of powers was weakened because Congress failed to effectively challenge the executive’s action, even though many lawmakers opposed it. This executive move demonstrated how the separation of powers could be ineffective when the legislative branch does not actively check executive overreach, allowing the president to circumvent Congress. The lack of meaningful congressional action highlighted a breakdown in the separation of powers, with one branch overriding the others.
The Use of Executive Orders (2021):
In 2021, President Joe Biden used executive orders to reverse many of President Trump’s policies on climate change, immigration, and healthcare. While executive orders are a tool provided by the Constitution, they also circumvent the legislative process, effectively bypassing Congress. The frequent use of executive orders shows how the executive branch can consolidate power when Congress does not pass comprehensive legislation. This situation highlights how the separation of powers can be ineffective when the executive branch uses unilateral action in the face of legislative inaction.
Constitutional key principles:
How can the idea of checks and balances be seen in America? (use two examples)
Congress Overriding President Biden’s Veto (2021):
In 2021, President Biden vetoed the National Defense Authorization Act (NDAA), which sets the annual defense budget. His veto was based on his objection to provisions that would affect military base renaming and other policies. However, Congress overrode his veto with a two-thirds majority in both the House and Senate. This is an example of checks and balances because Congress used its power to limit the President’s authority, showing that the legislative branch has the ability to check the executive branch’s decisions.
Supreme Court Overturns Trump’s Attempt to End DACA (2020):
In 2020, President Trump tried to end the DACA program, but the Supreme Court ruled that his decision was unlawful. The Court found that the administration had not properly explained why it was ending the program and had not followed legal procedures. This was an example of checks and balances because the judicial branch reviewed and limited the President’s actions, preventing him from making an unlawful decision. It ensured that the executive branch followed proper legal processes before making such significant changes.
Constitutional key principles:
How can checks and balances be seen to be effective? e.g. legislative branch the executive (use two examples)
Congress Overriding President Trump’s Veto (2020):
In 2020, President Trump vetoed the National Defense Authorization Act (NDAA), which funds military operations, due to provisions related to renaming military bases associated with the Confederacy. However, Congress overrode the veto with a two-thirds majority in both the House and Senate, making the bill law. This action demonstrated checks and balances because Congress effectively counteracted the President’s veto, showing that the legislative branch can override executive actions when necessary. It confirmed that the President’s veto power is not absolute, and Congress can assert its legislative authority. This check on the executive’s power ensures that no one branch can hold ultimate authority in the policymaking process.
Blocking President Trump’s Border Wall Funding (2019)
In 2019, after President Trump declared a national emergency to fund his border wall, Congress used its power of the purse to block his efforts to redirect funds. By refusing to approve the funds, Congress limited the President’s ability to bypass legislative authority. This action showed how Congress could use its power to restrict the executive’s ability to spend money and implement policies unilaterally. It was a direct application of checks and balances, where the legislative branch kept the executive in check on budgetary issues. This event demonstrated the importance of legislative control over spending in the system of checks and balances.
Constitutional key principles:
How can checks and balances be seen to be effective? e.g. judicial branch checking the executive (use two examples)
Supreme Court Overturns Trump’s Immigration Ban (2020):
In 2020, the Supreme Court ruled that President Trump’s travel ban violated constitutional rights by discriminating against individuals from certain countries. The decision illustrated the checks and balances system because it showed how the judiciary can check the executive’s power when actions infringe on constitutional protections. The Court’s ruling emphasized that the President’s powers in immigration are not unchecked and must comply with constitutional rights. It reaffirmed the judiciary’s crucial role in ensuring that executive actions align with the law and do not overstep constitutional boundaries. The decision underscored the judiciary’s power to limit the executive branch and uphold the balance of power among the three branches.
Supreme Court Blocks Attempt to End DACA (2020):
In 2020, the Supreme Court ruled against President Trump’s attempt to end the DACA program, arguing that the administration did not provide an adequate legal justification. This was an example of the checks and balances system, where the judiciary reviewed an executive action and found it to be arbitrary and unconstitutional. Even though the President has significant power over immigration policy, the Court ruled that his actions could not bypass legal processes and the rights of DACA recipients. This case showed how the judicial branch can prevent the executive from making unilateral decisions that impact citizens’ rights. The ruling ensured that the executive branch could not act beyond its legal authority, reinforcing the system of checks and balances.
Constitutional key principles:
How can federalism be seen through America e.g. (use two examples)
States Challenging Federal COVID-19 Vaccine Mandates (2021-2022):
When President Biden announced a COVID-19 vaccine mandate for businesses with over 100 employees, several states, including Texas and Florida, filed lawsuits challenging the mandate, arguing that it exceeded the federal government’s authority. The Supreme Court ultimately ruled that the federal government could not enforce the mandate on large businesses but could do so for healthcare workers. This is an example of federalism because states exercised their power to challenge the federal government’s actions. The Court sided with the states, showing how states can push back against federal actions that they believe infringe on their powers.
Legalization of Marijuana (Ongoing):
Even though marijuana is still illegal under federal law, many states such as California, Colorado, and Oregon have legalized it for medical and recreational use. This is an example of federalism because states are making their own laws regarding marijuana use, even though federal law still prohibits it. The states have chosen to act independently, using their power to regulate marijuana, despite the federal government’s stance. This highlights the ability of states to govern on issues not directly controlled by the federal government.
Constitutional key principles:
How can federalism be seen as being effective? e.g. states challenging federal authority (use two examples)
States Challenge Federal COVID-19 Vaccine Mandates (2021):
In 2021, President Biden announced a COVID-19 vaccine mandate for businesses with more than 100 employees. Several states, including Texas and Florida, challenged the mandate in court, arguing it exceeded the federal government’s authority. The Supreme Court ultimately ruled that the federal government could not impose this mandate on businesses, but states could impose their own mandates. This case demonstrated federalism because it emphasized the ability of states to decide on policies that affect their residents, even when the federal government attempts to enforce nationwide policies. States used their powers to challenge the federal mandate and assert their authority over public health decisions within their own borders.
States Challenge Federal Marijuana Laws (Ongoing)
While marijuana remains illegal under federal law, many states, including California, Colorado, and Oregon, have passed laws legalizing marijuana for medical and recreational use. This ongoing tension between state and federal laws highlights federalism, as states have enacted policies that differ from federal regulations. States continue to assert their right to legislate on issues like marijuana policy, even if they conflict with federal laws. The federal government has largely refrained from intervening, allowing states to lead the way in marijuana legalization. This situation demonstrates how federalism allows states to make significant policy decisions on issues important to their citizens, even when federal law does not align
Constitutional key principles:
How can federalism be seen as being effective? e.g. federal government checking on state power (use two examples)
Supreme Court’s Decision on Same-Sex Marriage (2015):
In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex marriage is a constitutional right, overruling state laws that banned such marriages. This decision represented federalism in action, as the federal government intervened to ensure that all citizens had equal rights under the Constitution, even when individual states had differing laws. The Court’s decision invalidated state-level bans on same-sex marriage, highlighting the power of the federal judiciary to ensure national consistency on fundamental rights. This example demonstrated the federal government’s role in upholding constitutional rights across all states, regardless of state-level policies. It showed how the federal government can check state laws that violate constitutional principles.
The Affordable Care Act (2010):
The passage of the Affordable Care Act (ACA) in 2010 led to several states challenging it, particularly the individual mandate that required all Americans to purchase health insurance. However, the Supreme Court upheld the ACA, including the mandate, affirming the federal government’s right to regulate healthcare. This case showed how federalism allows the federal government to ensure consistency in policy across the nation, even if individual states resist. The ruling emphasized that the federal government can regulate key areas of national concern, such as healthcare, to ensure uniformity in the law. This decision reinforced the federal government’s role in imposing policies that states must adhere to, even when state governments disagree.
Constitutional key principles:
How can federalism be seen as being not effective? e.g. States acting independently without being checked by federal government (use two examples)
Voting Rights and Voter ID Laws:
2013: In the Shelby County v. Holder decision, the Supreme Court struck down Section 4(b) of the Voting Rights Act, which required certain states with a history of discrimination to seek federal pre-clearance before changing voting laws. This ruling effectively removed federal oversight over changes to voting laws in these states. Following this, states like Texas and North Carolina implemented strict voter ID laws and other measures that critics argue disproportionately impacted minority and low-income voters. With less federal intervention, these states were able to pass restrictive laws without being checked, undermining the national goal of equal voting access.
State Marijuana Legalization Despite Federal Prohibition:
2012: Colorado and Washington became the first states to legalize recreational marijuana, despite marijuana still being classified as a Schedule I drug under federal law. Although the Obama administration allowed states to proceed with legalization, the Trump administration rolled back these policies in 2018 by rescinding the Cole Memorandum, which had provided guidance for federal enforcement. This created confusion, as state laws allowed legal marijuana markets to operate, while federal law still prohibited it. The lack of consistent federal action left states to manage the issue on their own, leading to an inconsistent legal framework for marijuana across the country.
Constitutional key principles:
How can federalism be seen as being not effective? e.g. ineffective federal oversight (use two examples)
COVID-19 Response and State Variability (2020-2021):
During the COVID-19 pandemic, states took different approaches to handling the crisis, with some implementing strict lockdowns and others taking a more relaxed approach. The federal government provided guidelines but left much of the decision-making to the states. This lack of a unified national response highlighted how federalism can lead to fragmented, inconsistent responses to crises, with some states faring better than others in managing the pandemic. The absence of stronger federal mandates during such a critical time demonstrated how federalism sometimes weakens the effectiveness of national crisis management. It underscored that when states have too much autonomy, the lack of a coordinated response can result in inefficiencies.
Education Policies and State Resistance (2018-2021):
In 2018, the Trump administration attempted to push for changes to Title IX regulations to reduce protections for transgender students. However, many states, including California and New York, rejected these changes and created their own policies to protect transgender rights in schools. The conflict between state policies and federal guidance showed how federalism can cause inefficiencies and inconsistencies in policy enforcement. States that resisted federal actions created a patchwork of policies that did not reflect a consistent national approach to LGBTQ+ rights in education. This highlighted the limitations of federalism in maintaining uniformity in policy implementation across all states.
Federalism:
How can states seen to be retaining (keeping) their sovereignty? e.g. state autonomy in healthcare policy (use two examples)
Medicaid Expansion (2014-2021):
States like Arkansas and Kentucky chose to expand Medicaid under the Affordable Care Act to provide healthcare coverage to low-income residents. However, states like Texas and Florida opted not to expand Medicaid, arguing that it would strain their budgets. These decisions demonstrate how states can determine healthcare coverage based on their economic conditions and local priorities. This autonomy allows states to shape their healthcare systems to meet the specific needs of their populations.
State-Run Healthcare Systems (2020-present):
California has proposed a state-run healthcare system to provide universal coverage, aiming to reduce healthcare disparities. By pursuing a single-payer model, California believes it can address gaps in access to care that federal policies may not fully solve. This example illustrates how state autonomy allows California to experiment with innovative healthcare solutions. State autonomy enables tailored, locally-driven solutions to healthcare challenges.
Federalism:
How can states seen to be retaining (keeping) their sovereignty? e.g. state gun laws (use two examples)
State Gun Laws (2019-present):
Texas passed a permitless carry law in 2021, allowing individuals to carry firearms without a permit or background check. This law reflects Texas’ preference for less restrictive gun regulations, emphasizing individual rights to bear arms. By allowing states to set their own gun laws, Texas has exercised its state autonomy to create policies that align with the local culture and values, which prioritize gun ownership rights. While this approach works for some residents, it contributes to a patchwork of laws across the country, showing how state autonomy leads to diversity in legal approaches to gun control.
Stricter Gun Laws (2019-present):
California has some of the strictest gun laws in the United States, including background checks, mandatory waiting periods, and assault weapons bans. These regulations reflect the state’s approach to balancing Second Amendment rights with public safety concerns. By maintaining strict control over firearm purchases and ownership, California’s laws reflect the state’s desire to prevent gun violence and protect its residents. This shows how state autonomy allows for policies tailored to local concerns, prioritizing stricter gun control where residents support stronger regulation.
Federalism:
How can states seen to be not retaining (keeping) their sovereignty? e.g. healthcare disparities across states (use two examples)
Medicaid Expansion (2014-present):
States that chose not to expand Medicaid, such as Texas and Florida, left millions of low-income residents without healthcare coverage. This resulted in significant disparities in access to health services, where people in some states had access to affordable healthcare, while others were left without options. The federal government should step in to create a uniform healthcare system that ensures basic coverage for all citizens, regardless of where they live. This would prevent states from exacerbating healthcare inequities based on local decisions.
Unequal Access to Health Services (2021):
States like Mississippi and Alabama have struggled with underfunded healthcare systems, leading to disparities in health outcomes, particularly in rural areas. On the other hand, California and Massachusetts have invested heavily in healthcare infrastructure, resulting in better access to services. Without federal oversight, some states will continue to experience significant gaps in healthcare availability. A national healthcare standard would ensure that all citizens receive the same level of care and access to essential health services.
Federalism:
How can states seen to be not retaining (keeping) their sovereignty? e.g. gun reform (use two examples)
State Gun Laws (2019-present):
States like Texas passed permitless carry laws, allowing individuals to carry firearms without a permit or background check. Meanwhile, California has stricter gun laws, requiring comprehensive background checks and mandatory waiting periods. This creates a patchwork of gun laws across the country, leading to confusion and inconsistent enforcement of regulations. A federal approach to gun reform would ensure that there are uniform safety standards for gun ownership and use nationwide.
Gun Violence and State Autonomy (2020):
States with lax gun laws, like Arizona and Alabama, often see higher rates of gun violence and mass shootings. Research shows that more permissive gun laws in one state can lead to trafficking of guns to neighboring states with stricter laws. A national gun policy would prevent states from contributing to a rise in gun violence that impacts public safety across state lines. Federal regulation is necessary to create uniform standards for gun ownership and reduce the risk of violence across the nation.
