The US constitution

Question 1

when was the consitution written and whats teh rellevance of this ?

Answer 1

• 1787
• its dated, written in a time where social, poiltcal and economic circostances were vastly differt, slavery was still allowed and the American revolutionarry war had just ended - this gives grounds for modern interpritation
  2. for instance teh third amendment reflects the expirence of collonialist under britsih law “ no man shall be quartered in any house, without the consent of the Owner”

Question 2

what did artical 1 do ?

Answer 2

• vested all legislgtive powers in Congress which would consit of a bicameral legislgture of the House and The Senate

Question 3

what defined seperation of powers in the US

Answer 3

teh first three articals of teh consitution

Question 4

what did artical 2 do

Answer 4

vest all execuative powers in the president

Question 5

hat did artical 3 do

Answer 5

vest all judicial powers in teh supream court + inferiour court such as teh US congress from time to time ( the supream court to be the highest court of the land)

Question 6

what did artical 4 define

Answer 6

the relationship between the federal states and the state

Question 7

what did artical 5 define

Answer 7

the amend ment process

Question 8

what are te three important points for the nature of the consitution vs teh UK ( 12 marker plan )

Answer 8

its codified in one place - ( unlike the uk)
* this is significnat as it means that political proceedures in the Us are clear and undeputerble where as in the uk they are not.
1. for example, According to the 12th Amendment, if no candidate receives a majority of the electoral college votes, the election is decided by the House of Representatives - come into play 3 times thoughout history
2. conversely, in the uk when there was not an outright majority reached by any party in the 2010 general election, it was unclear how an executive would form. they had to relly on an authorrtative work by Sir Gus O’Donnell. - unclear if best way or if gov had genuine mandate
its entrenched -( unlike teh uk )
* significnat as it means changes to to U consitution are much easier. Uk by statute lae and 50 vote for instance 1 way vs Uk lenthy amendment process ( expalin…)
1. for exampel the consitutional reform act 2005 that seperated the judicary from the legislgture ( the lords) was passed via a simple majority in the commons
2. conversly, in the US you need a 2/3 super majority in both chambers of the legislature and 3/4 of the federal state’s must agree.
3. this is why in US history there have only been 27 amendments made to the consitution vs constant cosnitutionally significant amendments in the Uk such as furtehr devlotion of powers
* its a blend of specificity and vagueness -( unlike the uk as the uk constution is a thoughgh colletion of statute laws, however it is also simmilar to teh uk in that alot of the roles of the branches and procedures are undefiend/by conetion)
1. e.g. till recently the prime minister would be the one who declaired war, however tony blair broek this convention in 2003 when he took the vote to parliament and now its a constitutional convection that this is the way its done
2. similllarly in the US, although congress is given the power to declair war, the president is givenn the power of comander in cheif of the armed forces. ( = both vague)
( or you can contrast tehn by saying by convetion PM signs treaties - may artical 50 supream court declaired not in con right despite treitie signoffs being a consitutional convention of the p.m. (e.g. blair defense trade cooperation act 2007) - ( occured ass passes as act of congress) - all UK somehwta unclear and plastic
vs eumerated power of president to negotiate but congress sign - START ( arms reduction treaty) negaotiated obmama and cirfirmed by 2/3 vote in the senate - however other powers such as denfense less clear
1. significant as shows rooms for interpretion for both

Question 9

what amendement is it and who has the deiding vote in no candidate wins in the electoral collage

Answer 9

• The 12 amendment
• congress

Question 10

how to spell Constitution

Answer 10

Constitution

Question 11

How to spell commander in chief

Answer 11

commander in chief

Question 12

whats a significant amendment that makes teh consitution more cofusing and vauge in relation to teh states + when was tehis rellevant to recently

Answer 12

• teh tenth amendmnet: states taht any powers not delegated in teh consitution are reserved to teh states.
• however its often unclear how far certain powers extend/ what tehy extend to.
• this was teh whole issue with Dobbes vs jackson(‘s womens health organisation ) 2022

Question 13

by what methods have consitutional amendments been made in teh past

Answer 13

all on traditional method exept 21st amendment which repealed teh 8 ( prohabition) it was just overturned at a state convention not in the legislature)

Question 14

h

Answer 14

h

Question 15

weigh the advanteages and disadvantages of the amendment process of the US consitution ( 30 marker plan)

Answer 15

Only effect importnat and long term policy areas
* the muti step compicated and lenthy process requiring two super majoities means that amendments are unlikly to be preposed let alone passed in insignificant and tempory areas as there will not be enough of a political will.
1. this is demonstraited by most of the 27 amendemnts being land mark events. For exaple, Thirteenth Amendment: Abolition of slavery and the Nineteenth Amendment: Right to vote regardless of gender.
lacks flexabillity to changin times ( can becoem outdated) (and not always teh case)
1. for example the Third Amendment: Protection against quartering of troops. And the second amendment: the rigth to own and bear arms
* this is no longer rellivant as it wasspecific to the situation that arrose after the American revolutionary war.

Ensures broad popularity amung the electorate
* prevents tynany of a small majority in congress .supper majorites stop a small majority enflickiting their will on the whole country as amendemts are so difficult to pass and require broad and consentrated support.
However the intended fedural nature of the system is also somewhat un democratic
* this is becuse small states are over represented population wise in both the senate vote and the state vote. Therefore the will of the minority rules in consitution based issues. This is an issue if a chnge has broad populaarrity. ( tynrany of the minority)
1. fro example, most teh US are in favour of some form of gun countrole but beuse the more rural, southern states tend to be pro gun states they have prevnted this ever becoming a significant part of the agenda.

maintines equaty between the federal state goverment and the individual state legisltures
* this is beause no matter by what means an amened ment is made a super majority is neede both (chamers of) congress and over all in the state vote. infact the states need a 3/4 majority so you could argue that they more significant in the dession process
1. this has occured 26 times by a vote and once by ratifying a convention.
* this is important as its hwo the framers of the consitution intnded for power to be distributed

However, Gives more power to the unelected supream court
* this is becuse vagueness left in past amendments and the consitution are not easily and almost never clarrified as supper majoritys are so hard to achive.
1. for example, this was isgnificnat recently in Dobbes vs jackson. Arguably the supream court was acting very poitically and therefore challenging the decocratic nature of teh US when they overturned a previous dession by the courts in Roe vs wade after the court swung to a rebublican majority. Here they were interpreting the rigth to privacy ( interms of health care). These unlected officials esentually got to deside if the consitution extended to include abortion as healthcare, and therfore if a womans right to an abortion was protected or not. this is beause the consitution is icredibily vauge and short.

Question 16

what was the 13th amendemnt ?

Answer 16

• Thirteenth Amendment: Abolition of slavery

Question 17

whats teh 19th amendment

Answer 17

Nineteenth Amendment: Right to vote regardless of gender.

Question 18

how many times has a consitutional amendment been made by ratifying a convention in 3/4 of the state leg ?

Answer 18

1 time ( 21st)

Question 19

what are the features of the US consitution

Answer 19

• federaliam
• speration of powers ( checks and ballences )
• bipartizanship
• limited government

Question 20

whats is federalism and why did it come about

Answer 20

Ballencing/ didtributing power/soveignty between the state and the states in a permenat fassion that canot be reacalled
1. This was a key intension of the framers of the consitution as it after the failer of the confederation it was a must

Question 21

where is federalsim in the US consitution

Answer 21

• Aritical 4 - explicity realtionship of the states and the branches of gov
• the tenth amendemnt: those powers that are not deligated in the consitution are reserved to the states
• Artical 1 - the makup of the senate
• Artical 2 - teh electoral collage
• artical 5 - the amendment process

Question 22

evaluate the view that teh uS consitution succesfully upholds federalism

Answer 22

yes

Question 23

evaluate the effectiveness of federalism today

Answer 23

intro- defien federalism, say where it is sourced, say its intentions: act as a means for effective governece (though autonomy and diveristy in the legilgtive branches and in congress), act as a means of limitted government/ (seperation of powers) and checks and ballences and premote unity between the states after the failer of the condederation

effective governace ( though diverity and autonomy)
* This small states can have disproportianate influece in policy areas
* eg in te senate which undermines popular soveigngty as ellectoral collage and any size stae 2 seats automaticlly - california pop 40 mill vs Wyoming 570,000 people and both 2 senators
1. significant a for example, after a school shootng in 2012 A bipartisan bill known as the Manchin-Toomey Amendment was introduced in the Senate in 2013, which aimed to expand background checks to cover private sales at gun shows and online. However, senators from small states such as Wyoming!, Montana, and North Dakota, were instrumental in blocking the bill’s passage though a fillabuster, where it looked liek other wise it might have passed.
allowing for effective governace via local autonomy and diversity
* federalsim being a “policy laboutory”
1. 2004 massachusetts leglised same sex marrge and other stataes quickly followed with 19 others enacting leglising legistation before oberfelld vs hogges in 2015 which legalsied it nation wide.
* rights may be challenged in areas not under the juristiction of the state
1. 2021 - the so called “ Texas Heartbeat Act” which bans all abortions once there is a deteded hear beat

sepertaionof power to:
* checks and ballences of federal gov
* federalsim gives has given the states a chance to check the power of the federal governemnt in consitutional
1. For exaple Congres wanted to pass the The ERA ( equal rights amendemnt) in 1972 but states would not ( delayed) ratifying it at state levels.
* Limmited (federal) gov
* 10th amendment, to prevent tyrany - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
1. e.g. One recent example of a state-enacted law that cannot be imposed at the federal level is the legalization of recreational marijuana. Several states in the United States have passed laws to legalize the recreational use of marijuana within their respective jurisdictions. These state laws conflict with federal law, which still classifies marijuana as an illegal substance. howver this is legal as 10th aendment
* been undermined by a stronger federal govermemt
* more of a will to enact power of the states and = more federal over reach
1. Voting Rights Act of 1965- Prohibition of discriminatory voting practice e.g litercy test and preclearance requirement on certain jurisdictions with a history of racial discrimination in voting before they changed thir laws
* critics argue this was undue federal control over state election processes which is protected via artical 10 - this was adressed i shellby country va holder in 2013 when some of the provisions were struck down.

Supream court
* protects federal powers
* if another branch of teh federal gov tries to legislate in an area thats not touched appon in the consitutiona and can return powers to the states
1. Dobbes vs jackson - texit heart beat bill - due to “trigger clause”
* judicial over reach and politisation of teh judicary
* increasing politisisation of the judicary as congress and its appointment confirmations become more partizan. This has the potencial for supream court to limit the states powers ( in ways some view to be unfair) and the states have no way to check or prevent thsi
2.e.g liberal court in 2015 Obergefell v. Hodges- limmits the states abillity to legislate in relation to smae sex marrage. - legaised it in 30 states automatcially

Question 24

give an exaple of the federal states being a “policy laboutory”

Answer 24

masitusites legalsiign same sex marrage in 2004

Question 25

how was same sex marrage legalsied in the US

Answer 25

**Obergefell v. Hodges**- becuse of the Fourteenth Amendment

Question 26

give an example of states co-operating on a policy area

Answer 26

**The RGGI**- is a cooperative effort, several northeastern states to address climate change by reducing greenhouse gas emissions from power plants

Question 27

give an exaple of small state sentors having disproportionate influence in the legsture

Answer 27

1. **Manchin-Toomey Amendment**-for example, after a school shooting in 2012 A bipartisan bill known as the Manchin-Toomey Amendment was introduced in the Senate in 2013, which aimed to premote strickter gun controle. However, senators from small states such as Wyoming, Montana, and North Dakota, were instrumental in blocking the bill's passage though a fillabuster, where it looked liek other wise it might have passed.

Question 28

give an exaple of a state legislation challenging rights

Answer 28

* 2021 - the so called " Texas Heartbeat Act" which bans all abortions once there is a deteded hear beat

Question 29

give an exaple of an amendment that failed to pass

Answer 29

**The ERA ( equal rights amendemnt)** in 1972 but states would not ( delayed) ratifying it at state levels.

Question 30

give an exaple of the federal government arguably limmiting the durastiction of the fedural states in recent years

Answer 30

* the supream court narrowing policy legislation areas * Obergefell v. Hodges- limmits the states abillity to legislate in relation to smae sex marrage

Question 31

evaluate teh view taht teh US consitution succesfully upholds federalsim

Answer 31

**Intro**: where federlaism is mentioned: Artical 1 the elctoral collage, artical 2 the makup of the senate, artical 4 the reltionship of the federla gov with the states, artical 5 the amendmnt process and the tenth amendment ( all remainignareas elft to teh states) **the courts + the tenth amendment** **mad vs mamsburry ** * madison vs mansburry estbished judicial review of federal gov protect states from them legistaing in areas reseved for the staes ( e.g in artical 10) - e.g. elction laws. * dobbes vs jackson **no- fletcher vs peck** * The courts have arguably limmited the fedural duastiction of the states. 1. for example, Obergefell v. Hodges on same sex marrage, (2015), prior to this only 20 states had legalsied same sex marrage 2. Roe v. Wade in 1973. In this landmark decision, the Supreme Court struck down a Texas law that criminalized most abortions. **yes- the makup of the senate and the electoral collage ( articla 1)** * the senate makup reflects federalism vs popularism as no matter the size of a state it will have two senators. 1. for exampel wyoming has a population of half a million vs california that has almost 40 million. Both have 2 senators but california have 53 representives vs wyoming that has 1 * these numbres also reflect the makup of the numbre of votes each state gets in the electoral collage to deside the president. * this illistrates how federalism enshrined in the US consitution enables the states to exersize controle over the federal government. **No- power has shifted over time** * the federal government has grown and with that we have seen more and more "federal overreach. For exple many argue that federal policys enacted in areas like health care in recent years are "federal over reach ". 1. for exaple many with the conservative perspective argue that the "afordable health care act" (obama care) 2010, that mandated most individuals to have health insurance. 2. political activism as robberts upheld **yes- The amendment process ( artical 5)** * for a cosnitutional amendment to pass a convention must be confirmed or voted through by 3/4 of state legislatures. they also have the power to propose conventions. 1. the ERA that was passed in both legislgtive chambers in 1972 but didnt pass past teh state legislgtures. **no - conditional funding** * allows the federal government to undermind the will of the state governemnts 1. For example, Once again those with the conservative perspective argue this applies to federal grants-in-aid for transportation infrastructure projects such as the Federal-Aid Highway Program. 2. The conditions may include specific design standards, environmental regulations, labor requirements, or other federal mandates. they argue that the conditional nature of these grants undermines the principle of federalism by exerting significant influence over state transportation policies and priorities, an area that should be entirly in the durasticttion of the dtatses acordign to the tenth amendment

Question 32

what s it calle when the federla government act to powerfuly

Answer 32

"federal overreach"

Question 33

what was the obama care scotus case

Answer 33

NFIB vs Sebelius ( exampel of judicial activism by justice robberts) - expalin in more detail

Question 34

whats teh name of the peopel who bring a law suit

Answer 34

plaintiffs

Question 35

what are the different perspective on federalism being good vs bad + countre and for examples

Answer 35

**The conservative perspective** * states rights activsits * think that tehfederal governemt has gown much to big, bigger than what the initual framers would have wanted 1. for exaple federal over reach though encting policy in areas that are under state durastiction e.g obama care mandating health care insurance + undermines indervidual rights and it forces them to pay. 2. conditional funding, e.g the federal aid highway prgram * however, statea are dependent on teh FG in many cases such as conditional funding 1. 49/50 states have rellyed on the FG to ballence tehir budget 2. they are depended on FG for Natural diaster funds in almsot call caes **The Liberal perspective** * they are not against federalis entirly they just belivet heta the FG needs to keep a watchful eye on the states 1. for exampel, they value SCOTUS keeping checks on the state legisture policy areas. E.g Obergefell vs Hodges and Roe vs wade. * however, the state were intend to benifit the country though autonomy and with it diversity and uniqueness. 1. For example, the states often act as "policy labratories" for other states to copy/enct simillar legislations or even the federal governemnt on a wider scale. For exampel, after masichusites legalsied gay marrage in 2004 19 other states follwed between then and 2015 when SCOTUS legised it nation wide in Obergefell vs hodges. **The Centralsit perspective** * they view federalsim as a felxable part of teh US consitution. They belive that teh federal governemnt should have primary controle over national issues but where ever possibel controel shoudl eb given to the lowest possbile level. * They kind of want the federal governemnt to be a peternal body that "enables teh states" * therefore they belive that it is Ok for the FG to set certain high standards and and to anable to states through funding but they shoudl not try to micro mange each one. 1. for exampel george bush and his "no child left behind Initiative" (2002) that mandates nation wide standardises testing and incresed funding to by 20% to the porrest school districs whilest not madting how each state was required to spend the funds. * however this can be seen as conditional funding and federal over reach 2. schools were required to meet certain eductional taregets which can be seen as conditioanl funding and federal over reach

Question 36

give another exampel of a act of the federla governemnt that was seen to encroach on federalism and hwo it was returned back to the states

Answer 36

**Voting Rights Act (1965)**- was to eliminate racial barriers that prevented African Americans from exercising their right to vote. It prohibited discriminatory practices such as literacy tests, poll taxes, and other voting qualifications or prerequisites that disproportionately affected minority voters * In 2013, the U.S. Supreme Court, in the case Shelby County v. Holder, struck down this law returning power back to teh states * this can be seen a a possitiev to teh governemnt encroaching on federlaism to protect teh rights of teh idervidual

Question 37

what is seperation of powers

Answer 37

* seperation f powers is a key feature of the US consitution where power is devided between the 3 branches of government (in a non retractabel way) so they are forced to work inderpendently and interdependently and provide a level of checks and ballences on eachother. This was a key intenion of the framers of the consitution as they wanted to avoid a unitary, tyranical governemt emerging.

Question 38

evaluate teh view that teh US consitution is succesful in creating seperation of powers

Answer 38

**intro** * seperation f powers is a key feature of the US consitution where power is devided between the 3 branches of government (in a non retractabel way) so they are forced to work inderpendently and interdependently and provide a level of checks and ballences on eachother. This was a key intenion of the framers of the consitution as they wanted to avoid a unitary, tyranical governemt emerging. This is upheld and set out in the consitution in the Fist three articals. Seperation of powers is differn to checks and ballences hwowever as it si the divison of power between the branches allowing them to exersize inderpendece ratehr than specifically the devison of power that enables them to enact power to empeed another branch of government ( although this is a form of sepertion of powers). **para 1 - the legisture's** * **seperation of power is set out by and upheld in artical 1 of the consitution ** * for exaple the unique powers of the US congress include: Lawmaking, The budget (allocations of federal funds), Confirmation of Presidential Appointments: The Senate, Impeachment, Declare War, Regulation of Commerce, Oversight and Investigations * an exaple of this being instramental in terms of checks and ballences was when congress sued their power of thepurse (budget) to end the war in vietnam by cutting off defense funding. * **however, arguably this has been underminded in recent years by the executive over reach/ the president becoming more imperial as the president and congress have been in confict over policy area relating to war/milliatry action.** 1. For example, after trump withdrew troops from syria without informing congress they tried to check his power with the the National Defense Authorization Act forcing him to enform them, he then vetoed this, wich resulted in an over ride by the republicna crontroled senate. 2. there was a simillar occurance with the Iran war powers act after trump ordered strikes that killed iran's general: Qasem Soleimani, potencially ensighting a war ( however his veto was not overridden) * this occures as the conitution is vague by nature in relation to the seperation of powers of the braches when it comes to millitary action. The president is given the power of cheif in comander of the armed forces where as the power to declair war is reserved to congress. **para 1 - the execuative** **seperation of power is set out by and upheld in artical 2 of the consitution** * for exaple the unque power of ( manging the) exectuatie, comander and cheif, to make appointments, power of the pardon, to make treaties, power of the veto, diplomatic powers and power in emergencys. 1. where as some of these powers are a part of a two step process e.g. appointments to the supream court or executive braches have to be confired by the senate by a majority vote, powers such as the pardon are uniquly sperate to the president. For example trump pardeoned Steve Bannon, a former advisor to President Trump, who was indicted on charges of conspiracy to commit wire fraud and money laundering on his last day in office in 2021. **however, some argue congress has been able to ignored constutional speration of powers more so in recent years** 1. for example, the Congressional Review Act (CRA) * this is significant as it allowed Congress to review and potentially overturn regulations issued by federal agencies. **para 3 - the Judicary** * the seperate powers of the judicial branch of governemnt are set out in articla 3 of the consitution. This includes: * Interpreting and applying law, Setting legal precedents, ensuring adue process etc 1.This is significant as in the case Marbury v. Madison Court addressed the question of whether the Supreme Court had the authority to declare an act of Congress unconstitutional and found this to be the case, setting a new judicial president. ** However, a more compelling arguement is that teh inderpendece of the judicary is underminded by the appointment process** 1. For example Brett Kavanaugh was appointed by Trump ( a republican president) and confirmed by (a republican majority) senate. * This means that a judge might feel a sense of loyalty or obligation to side with the view of the party that was responsible for their appointment. * This is important as it is a process that is set out in the constitution.

Question 39

whats the differnce between seperation of power and checks and ballences

Answer 39

* seperation - the divison of power between the branches allowing them to exersize inderpendece * checks - power of one branch to impeed the action of another

Question 40

what are teh unique powers of the president

Answer 40

* power of ( manging the) exectuatie * comander and cheif * appointments * power of the pardon * to make treaties, power of the veto * diplomatic powers * power in emergencys.

Question 41

give an example trump exersizing the presiencial pardon

Answer 41

For example trump pardeoned Steve Bannon, a former advisor to President Trump, who was indicted on charges of conspiracy to commit wire fraud and money laundering

Question 42

what are teh powers of the judicary

Answer 42

* Interpreting and applying law, Setting legal precedents, ensuring adue process etc * sice maderson vs mamsburry - interperate the consitution

Question 43

what key area is not under the durastiction of the states

Answer 43

health

Question 44

what is a judge of the supream court known as

Answer 44

* A supream court justice

Question 45

evaluate teh veto as a check and ballence

Answer 45

**the veto** 1. for exple the veto, this is where the president can striek down laws tht they dememe unconsitutional * it is significnat as its upheld in the cosnitution in articla 2 when th powers of the presidnt are set out 1. for exaple, trupt vetoed the iran war powers resolution that would limmit his powers to act unilaterlly with the millitary in iran However: * the veto can be overturned by a 2/3 majority in the senate 1. for example congress overode the the National Defense Authorization Act that trump vetoed in 2021. * this is arguably a clausein the consitution that undermines the presidents abillity to check the powers of congress * however, i think a more compelling arguemt is that this is actully another form of effective checks and ballences but for congress on the president. This is becuse a 2/3 majority is needed in both the house and senate. Thefore, for it to be used, it is likly protecting againstteh president acting objectivly tyraniclly .

Question 46

what is another purpose of seperation of powers that isnt checks all ballences

Answer 46

to encourange Bipartizanship and with it dialectical debate and consensus

Question 47

expalin Bipartizanship as a key feture of the us consitution

Answer 47

* the framer wanted to encorage a multipicity of opions both within and bwteen congress and the execuative. Thsi would prevent aginst tyrnay and ensure the best possible outcome for the country as dessiosn would have to be reached via dialectial debate and consensus.

Question 48

list teh benifits and negtives of bipartizan ship today ( two paragraphs)

Answer 48

* **better governemnt/scrutiney** 1. arguably divided goverment creates better scrutiney so biils passed are more suited t larger swades of the population. this is seemily possibly to as 83 bills have passes from the midterms to the end of march have had bipartizan support. * **but congressional grid locks** 1. for exmaple the divided government of a republicna president, republican senate and democratic house. This resulted in a 35 day governemnt shut down over desputes for funding to build trumps border wall. * **stronger checks and ballences between the branches** 1. Desipte trump being clearly guilty at both his impeachments he was not impeached as both times there was divided governemtn so the republicans protected him * **in some cases check and ballences are not partizan dependent** 1. in 2021 trups veto of the national defense authrisation act got overidden by a 2/3 majority in a republican senate! * ( however this was a rare ocasiona nd when it cam eto the Iran power resolution later, another overide could not be reched)

Question 49

whats the differnces between scruitney and checks and ballences

Answer 49

* scrutiney envolves close examination and the aillity of another party to improve apon things * checks and ballences involve one body to prevent another from acting too powerfully or in an unfair/tyanical manner.

Question 50

what sis popular soveignty

Answer 50

Popular sovereignty is a principle in political theory that asserts that the legitimacy and authority of government are derived from the consent and will of the people + rellivant to the idea of federalism

Question 51

what is emcopusesed within the key idea of limmited governemtn

Answer 51

* checks and ballences * federlaism ( popular sovignity)

Question 52

list give an exaple of all the checks and ballnces by congess on the president/ execuative + countre

Answer 52

* legislation 1. the national defense autherisation act 2019 - veto and overide 2. the ian power resolution 2021 - however vetoed * veoto overide 1. the national defense autherisation act 2019 (significant as republicna senate 2/3 majority) 2. iran power resultion * power of the purse and to declair war 1. vietnam 2. pesident "special operatiosn" e.g brush invaiding iraq 2003 or Obama invaiding lybia in 2011. * impeachment 2. there have been 4 attempted impeachments of presidents, non of which have been succesful due to party lines votes in the senate 3. however 10 republican sentors voted to impeach trup the second time around in 2021and mitt romney the first tiem. * ratify treaties 1. (2/3 vote) Strategic arms reduction treaty 2010 ( start) passed 67/100. 2. however execuative agreemnts can somehwta surpass this, for exaple Biden rescenty resigned the paris climate ocord. * ratify appointments 1. (senate only), ensures seasoned professionals get put up for jobs. E.G nera tanden had to withdraw from her nomination for dirrector of OMB after offensive tweets emerged, shelanda younf took her place - 2021 2. harriet miners was nominated to SCOTUS by george bus in 2005 but the nomination was withdrew after peopel relsied she had no judicial expirence. 3. However, it almost never hapens a rejection is actully made. The last was john towers as defense sec in 1989 for conserns about alchoholism and angre issues. 3. Even brett Kavenar was appointed as a supream court judge despite having sexual asult alogations against him and his trial being more of a shouting match than a profensional event.

Question 53

if you get a question of congress checks on the presidency what are your three paragrpahs

Answer 53

* impecemnt * ratify appointments * veto over ride

Question 54

list give an exaple of all the checks and ballnces by congess on the judicary + countre

Answer 54

* impechment 1. The House of Representatives has the power to initiate impeachment proceedings by introducing and passing articles of impeachment, ( requires 1/2 vote) the trial then occurs in the senate and another 1/2 is need. 1. only happened once with a supream court justcie back in 1805 * ratify judicial appointment 1. stops unquliffied judges coming though: harriet miers 2005 bush was forced to renouce her nomination as she has no judicial expirence 1. ineffective, e.g bret cavenar sexual assult and shouting trial (party lines votes). * creation of lower courts 1. can create lower courts and regulate what cases the supream court hears form lower courts. This is known as "jurasticyion stripping" 2. 2006 : the millitary commisions act tried to remove from the courts the power to hear cases from guantanamo detainees. Its purpose was to establish a legal framework for prosecuting individuals suspected of terrorism or war crimes through military commissions, rather than through traditional civilian courts 2. however this is seen as a ineefetive check as it seemignly gives congres too much power over the courts

Question 55

list the checks of the president on congress + one exampel

Answer 55

* veto * Obama vetoing a bill was his veto of the 2015 National Defense Authorization Act (NDAA) 1. One contentious issue was the use of funds to maintain the detention facility at Guantanamo Bay, which President Obama had long sought to close

Question 56

list the ways the president can check the judicry + emaples

Answer 56

* power of the parden 1. at teh end of his time in office Trump pardoned Alice Marie Johnson who was a first-time nonviolent drug offender who had been serving a life. * nomination of judicial appointmets 1. presidents can shap appointments - 2. less of a check and more of a desider 3. also Obama tried to shape the judicary to be democrt leaning in 2016 with his appointment of meerick garlanud but the "senate hold" ( refusal to vote) prevented him from doing this.

Question 57

what are the check of the supreram court on the the legislture

Answer 57

* **judical review** 1. since madison vs marmsburry holding execuative and congress acountbaler to the conitution **execuative** * 2020, the Supreme Court declared certain provisions of President Donald Trump's executive order on the Deferred Action for Childhood Arrivals (DACA) program unconstitutional * (Department of Homeland Security v. Regents) **congres** * Shelby County v. Holder * struck down a key provision of the VRA, namely which jurisdictions were subject to preclearance under

Question 58

give an exaple of the supream court ruling agaist teh president and an executive order

Answer 58

* 2020, President Donald Trump's executive order on the Deferred Action for Childhood Arrivals (DACA) program unconstitutional * Department of Homeland Security v. Regents

Question 59

what is pre clearnace

Answer 59

* Preclearance required certain jurisdictions with a history of racial discrimination in voting to obtain federal approval or clearance from the Department of Justice or a federal court before implementing any changes to their voting laws.

Question 60

whats teh commerce clawse

Answer 60

The Commerce Clause refers to a specific clause in Article I, Section 8, Clause 3 of the United States Constitution. It grants Congress the power "to regulate Commerce with foreign Nations

Question 61

what are powers set out in the conitution called

Answer 61

enumerated powers ( means explicityky listed)

Question 62

what are powers not set out by the consitution called

Answer 62

implied powers

Question 63

evaluete the view that the US consitution allows democracy to flurrish in a modern day united states

Answer 63

**No- the inherantly undemocratic nature of federalism** * ( artical 1 and 2 and the tenth amendment) the electoral collage and the makup of the senate refectes how the framers wanted federalsim to be refelected in the system. No matter the size of the state they resive 2 seats in the senate and 2 electoral collage votes outright. this is an issue for modern day democracy in the US as it means that small states ( that are usually more rural and therefore republican) can exert more influence of presidencial election results and in congresional dession making. 1. for example, hillary clinton ( a democrat) won the majority vote in 2016 but lost to trump ( a republican) because of the elctoral collage system. 2. an exaple of this being instramnetal in congress can be seen when small states is when the Manchin-Toomey Amendment (calling for greater gun controle) failed to pass though the senate due to a fillauster of small state **giving states an equal voice isnt nessisarilly bad for democracy** * this is how the framers intended it, they belived it would result in a more democrtic system as it woudl bring unity between the states and allow for more bipartizan ship, sucritiney and therefore dession makign by consensis by allowing a diversity of opinions. This woudld prevent tyrany of any one state or party. * However, in practicllity this has not worked as most votes are party lines in congress. Furthermore the disparity between the sizes of the states has become much more significnat in modern times. For exaple, california has a population of almost 40 million vs wyoming of half a million. Therefore as federalism is set out in the consitution, it significantly undermindes democrcy in modern day Americ. **yes- speration of powers allowing checks and ballences to avoid tyrnay** * sepertion of powers and checks and ballences are set out in the foirst 3 articals of the conitution with the enumerted powers of each brach. (E.g. the Judicary, legisture and the execuatiev). 1. an example of an effective check recently has been congreses chceking the presidnets check of the veto. Trump ried to veto the NDAA wich woudl limmit his abillity to act in millitray actions without telling congress. However the veto was over ridden in a bi partizan 2/3 majority vote in the senate 2. however, this was a rare case and most other forms of cheacks and ballences are ineffective. e.g. both trumps failed impeachemnt despite is clearly being guilty. **divided governemnt** * speration of powers often results in differnt parties having controle of differnt branches at teh sme time * this is significnat as it can limmitr teh power of government to actully take action though congressional grid lock for instance 1. for example from 2018-2019 congress was suspended for 35 days over funding for border security, including President Trump's proposed wall on the U.S.-Mexico border. * therfore the speration of powers in the cosnitution limmits the abillity for democracy to flurrish in modern day america **No - the need for super majorites** * to change consitutionallaws there is a need for super majorities. this envolves 2/3 od the house and the senate voting for a change and 3/4 of the states ( or this can be done via conventons of the states). There is also a 2/3 majority needed. there is also a 2/3 majority needed in the senate for impeachemnt. * As modern day politics in the us is so partizan and by that same notion polarised. There is uslly a very close almost 50/50 split in either house. Furthemore, almost always candidates vote down party lines. Thi smeans that its unheard of for 2/3 majorites to be reached 1. 1. for example, after a school shooting in 2012 A bipartisan bill known as the Manchin-Toomey Amendment was introduced in the Senate in 2013, which aimed to expand background checks to cover private sales at gun shows and online. However, senators from small states such as Wyoming, Montana, and North Dakota, were instrumental in blocking the bill's passage though a fillabuster, where it looked liek other wise it might have passed. 2. in 2021 with trumps second impeachemnt depite 57 Senators voting to convict President Trump ( a majority. **prevents tynay of a small majority** * arguably as politics is so devsive and extreesmit now, ahvign safe guards such as super majorities protects major consitutional chanves from osillating term after term as leadership changes which we see with other pieces of legilation. 1. the Deferred Action for Childhood Arrivals execuative order has swung into implementaion and out from obama to trump to biden. The same with the parsi climate accord 2. it would also mean that in the case of trumps impeachement esutually 7 senators would be responcably for changing the so called leader of the feee world.

Question 64

what are prinicpals

Answer 64

foundational ideas

Question 65

what amendemt proposed in what year called for greater gun controle but failed due to a fillabuster of small state representives ? and when

Answer 65

* the machin-Toomy amendment * 2012 * had bi partizan support, was literlly crafted by a republicanand democrat

Question 66

what was trumps second impeachment for

Answer 66

incitement of insurrection

Question 67

what is bipartizanship

Answer 67

cooperation and collaboration between members of different political parties, particularly in the context of a legislative body or government

Question 68

define ckecks and ballences

Answer 68

Checks and balances is a principle in governance that refers to the distribution of powers and responsibilities among different branches of government to prevent any one branch from becoming too powerful

Question 69

written powers of a branhc is called

Answer 69

enuerated powers

Question 70

define federlaism

Answer 70

* Federalism is a system of government in which power is divided and shared between a central governing authority and regional or state government

Question 71

what is limmited government

Answer 71

Limited government refers to a political principle or philosophy that advocates for restrictions on the powers and authority of governmen

Question 72

was limited government a principal of teh founding fathers / intention

Answer 72

yes

Question 73

what is a conitutional pirniciapal

Answer 73

Constitutional principles provide the basic values and ideals that shape the way the structure of government is set out

Question 74

list ( some of ) teh main features (principals) (aims) of the us cosnitution

Answer 74

* Federalism * Separation of Powers and Checks and Balances * Limited Government * bipartizanship * (individual rights) ( not in spec)

Question 75

what are the 3 natureas of the US consitution according to teh spec

Answer 75

* vagueness ( mix of vague and specidicity ) * codified * entrenched

Question 76

what is meant by the consitutional framework ?

Answer 76

powers

Question 77

what are teh main principals of federalsim | ( not of teh spec, just for me)

Answer 77

* checks and ballences and speratio of power * Experimentation and Innovation ( effective gov) * Unity and Stability * ( Accommodation of Regional Differences)

Question 78

when evaluting the US cosnitution what is impoetamt to mention

Answer 78

compare t to feature/ principals of foundeing fathers / framers and tehre succes and if they are still rellivant to day as well as perhaps metiong important modern princiaps such as popular soverigngty and democrcy witch werent key pricipals for the framers but are important - (e.g. originally srouded in elitism - electoral collage + appointed seante)

Question 79

what are the three persepectives on federalism

Answer 79

**The conservative perspective** **The Liberal perspective** **The Centralsit perspective**