Things To Know 2 Flashcards
Etv that the us constitution enhances democracy and effetcive gov
Loa no
Ammendment process
Sc
Principles
Us constitution enhances democracy- principels y
Prevents tyranny of larger states and singlular parties with ammendments, each state individ and equal- if proportional 5 most populaous states 37% pop
Choice of parties- 2020 presiden 10 - jo jorgenson libertarians , kaney west birthday party
C and b president propose treaty, senate ratify
Us constitution nehances democray no principes
Mann and ornstein- its even worse than it looks, sops have grown, more limited with extreme partisanship gridlock- 2018-2019 gov
In reality 2 party sustem with fptp
Threatened pwoer of pressue groups= nra
Reform to cnostituon needed
Y
Ammendment process formal
Sc
Federalism
Reform needed sc
Dahl- us constition is undemocratic and needs to be reformed
Too much power 9 unelected judges- appt similar ideology, shifted right
Vagueness great scope for interpetation
May opose thos ein public interest- reject biden moratorium on evicting when hiigh interest rates in covid
Sc reform not needed to constitution
Congress does have to approve appt- obama garland,
Sc uphold states rights- carpenter v us 2018- fed gov myust obtain a waarant for citizens cell phone location record
Bor individ rights upheld- snyder v phelps 2011 right to free speech of westbroo baptist church
Consgition reform- fed no
States lagrley indepndent- 10th ammendment allow dispersal of power on laws, culture practises,
Commerce clause-e marajuana cole memo- fed not enocfrec
Roe v wade upheld
Etv that fed no longer works and states not soveirgen
Loa no balance struck
Citixnes rights
Criminal punishment
Electoral regulation
Federaism no longer works and stated not soverigen- criminal punishment y
Sc restrictions on use of death penalty kenney v iowa 2023
Sc final court of appeal
Sops where seen constituuon
Article 123
Ineligibility clause in article 1 only be in one branch at a time
Cultural similiarities constitution and fed
History explains why- us violent uprisning condified, uk relatively not so flexibile
Flexibility both- cultural accpetabce, uk no pressure codifid , us accepts and uses sc to update
Fed role education
No child left tbehind act 2002- major expansion in fed gov role in eduction
Mandate states test children annually
States autonomy in handling nat crisis
Covid 19 10th ammendment- eahc state govenor have own state response to crisis
Democrat calidornia gov newsom first to issue state wide order close buinsesses
Fed gov encourages state uatonomy in nat criss
Fed emergency management agency
Fed gov hurricaine katrina- 120bn econ relief aid
Covid 19- cares act 2020- relief package 2.2 trn designed combat boh public health and econ impact
Citizens rights dictated by fed gov
Since 9/11
Cabinet dpt of homeland security dicttaes how states and cities respond to potential terrorist attacks
Appt proces cons
Process 2-3 nmonths, problem when death- obama exec order dapa, death scalia 4v4 didnt pass
Nominee only 33% hearing speaking, senate judiciary committee, when aim determine viability, should do more
Media broadcast appt- kavanagh elected despite unpop and sat night live did 13 min sketch about it
Politial- coney barrett, comp garland
Aba guildielines, no constitutional background, members unaccountable
Critics jduicial activism
Sc unelected and unaccountable for decisions it makes
Constitution may strike down acts of elected branches
Strike down state laws- obergefell- principle of federalism
Con undermine prior decisions- not supposed to- dobbs- politicised
Judicial review not constitutional- marbury v madison- 1803- established judicial rveiew as principle needed arbitration between exec and congress
Con restraint
Glossip v gross 2015 allow use lethal injection, only cajllenge if provision by another
Lib restraint
Whole womens health v hellerstedt 2016 upheld roe v wade
Lib restraint
Whole womens health v hellerstedt 2016 upheld roe v wade
Groff v dejoy 2023
Postal worker try to sue company for not time off sabbath evangelocal work on sunday
Did not overturn law many arguably wanted but said employwes want religious observation would result in high costs
Allen v milligan
2023
5v4 lib ruling
Court ruled that alabama had diluted power and voice of black voters by redistrciting all black voters in one area
In line public opinion 53% agree
Check on exec power sc
Hamden v rumsfeld 2006
Geroge w bush not have legal authoruity for war tribunal
5v4
Federalism case
Dc v heller 2008
5v4
1976 dc law unconstuitional seconf ammendment- outlawed handgun possession
Theorists opp imperial judiciary
Hamilton- least dangerous branch
Dahl - sc in constant dialogue with other branches
Roberst, sc neuyral and unbiased
Is the sc imperial judiciary
Y unelected and unaccountable
Impact of rulings
Pwer on rulings
Imperial judiciary- y impact of rulings
Power of judiciail review- final say so diff to overturn if stare decisisi
Use of of contsraint eg gerrymandering upheld 2019 in favour n carolina rucho v ocnmon cause
Can overturn laws and actions from branches taht are acoountable and have. Amandate- obergefell
Role of sc more jduicial than political
Loa political
Sc created and set out article 3 constitution
Seek to uphold principles of constition thorugh their rulings
Glazer- imperial judiciary- political and constitutionally beyond its role
Comp wellington- judges neutral umpires, roberts- jduges are not politicians
Appt process
Process reaching rulings
Rulings
Sc mroe j than political rulings
Sc cannot ecnorec rulings so relies on other branches- important legit and judicial made in order to be enforced
Sc more p than j ruling impact
Uphold constituon anything legit
Overturn other branches obergefell
May uphold powers of one political branch over another- trump v vance
Explicitly political gore v bush 2001- chose president
Ig involved with dc b heller
67 in total
47 foor deller- pro guns- nra, foundation free expression
20- dc- american bar association, naacp
Dream act
2010-
6y period of concilliation from states to illegal immigrants brought into usa as children- green card eligable to citizenship
Passed in house yet defeated by gop filibuster in senate
Immigration taken to sc
Plyer v does 1982
Arizona v us
Rep diversity in congress
Cnn 118th congress- no other congress has ever looked like this
28% house 12% senate- black hispanic asain amefican multiracial
White 73% congress, 59% us poop
28% women record but still low
13 lgb
Voter id laws in us
Voting righst act 1965 proevent aainst any policu that could lead to racial divison in oting
Yet voters in 7 states need photo id- diving licence, passport military id
Texas voter id law disadv aa and hispanic- yet fed jjust 2016 ordered state to assist people who did not have one of acceptable forms of id
Opp stict photo id- disporpo affect minority young- 1/10 no voter id, 1/4 aa, 1/5 hispanic
Early voting decreased- now reduced i=onlyl in 6 states
V
Aclu impact
Active in all states
Involved in 100 new criminal justice reform bills across usa in 2018 alone
Civil rights electiooneering
The collective to was formed in 2016 to address the lack of black candidates for elected positions
Etv that the campaigns for the proetction of raicali rights have been largey unsucessfu iin usa
Loa y
Congress
President
Sc
Campaign protection of racial righst unsucess congress
Congress lacking in accurate rep=- congress seiing 77% white members, pop is 60% limit extent to which cmapains for racial rights have been sucessful, congress not truly sucessful
1964 65 out of date- limited sucess recent years
Partisanship in congress seen two polarised parties fail to coopp with 2013 bill on immirgation reform- ath to citizenship failing due to gop opposition- a party often staunchly against immirgation
2021- democrats attempted to updtae voting rights act further- yet due to increased partisanship- exacerbate already challenging process passing legislation
Racial rights camapigns unseuccs presient
Dapa fail sc us v texas 2016
President may actually revese campiagns for protection racial rights- trump inflamed racial debate- muslim travel ban- critic by un high comsioner and building us mexico broder
Sucess campaign racial righst sc
Landmark riling ssponsored by pg campaign- naacp in brown v board case- removed segreagtion in schools
Uphold aa in 2016 texas v dihsr case
Racial diversity of court improve— 2 aa, 1 hispanic- advance racial righst through interpretation constitution
Sucess campaign racial righst no sc
Sc more diverse- more con- 6v 3 split- led to more con rulings sc strike down aa 2023 students for fair admission v arvard- how cmapigains by pg such as students for fair admissions aim reverse portection raicial rihgts
Individ biden and justci sotomayor express conccerns at removal of aa, sotomayor herself benefit from it
Landmark- brown v boar- sc strike dwon measures proetct racial rights- 2013 shelby v holden reverse key aspects 1965 voting righst act- allow draconian voer id laws disproportioantely affect minoritoes
Need passport or deivers licence
Etv that comgress is effective at its role
Loa no
Legislation
Representation
Oversight
Congress effective no legislation
1/4 laws 15yth congress rename public buildings
Each year 6,000 bills proposed 200 passed - 90% pigenoholed at comm stage
Hosue rules comm- bills can be rushed or killed wiht 2:1 majority
When unified does work- coronavirus preparedness and response appp act- 2020- 8.3 bn
Increased partisnaship
Compromise no increased partisanship
90% vte party lines
Gridlock- wall, 35 days 2018-19
comm signif power
Process domiantes few- such as speaker who can choose who on house rules comm whilst those in standing
Supermaority means that diff to stop filibuster- gun control legislation 2013 after sandy hook, r 2021 on voting rights legilstaion
Ineffective system with reconcilliation
Rep congress effective
Minority rights- improved women 29% 25% senate, aa caucus
Parties increased partisanship with clear policies and agendas
State rep- regular elections, pork barrel politics- king of pork app comm murtha- 800 mill to his pennsylvania district 1992-2010
2008 gravina island bride to nowhehre 9000people
Big dig highway project
No rep congress effective
Rep much lower pop women 50.8%, hispanic 10.7%, 18;5%, 13 lgb
Incereasing appartisan good rep party at expense others
Gerrymander solidfiy- n carolina on race lines
Kaanugh all r for, all but one d against
Lack compromise lead to gridlock or liquidated build back better pan
Pork barrell politics bad, lobbying more chamber of commerce 100 mill, pharam 100 lonnysts on 2009 health reform act
Oversight congress effective veto no
President can veto- bush and obama 12 x
All trump 10 vetos after lost house majority 2018
Overrule needs- 2/3 both houses. Depends suypport house- not achieved biden 2023 2019-200 overturn investment rule that allows management of retiremet funds to consider impact of climate change otehr environ factors- yet r in senate said liberal agenda
Theorist for increased partisanship
Rep dingell
Challenging negotiations and division legislation
Aca negotiations mdoerate d and con nebrasca d nelson negotaite compromise on abortion give states right to provide coverage of abortion- 60-39 senate end debate
After passed r introudced legislation to repeal it
Wall st refomr and consumer protection act 2010 used after 2008 crash- house 2009 223-202 senate 59 to 39 took 7 tries
The cares act
2020
150 bn covid relif fund
300bn one time cash apyout
House agreed comproomise in senate
Yet bill later cuased gridlock
House of rep first approve 359 v 53
Senate 91 v7
Longest bill history
Personal gain of presidnet through legislation
Trump tax reform
Single corp tax rate at 21 benfit himself as wealthy business owner
No ohuse d supporetr- 12 r oppose- in lib areas ny
Weakness senate
Unanimous consent undue ifnleucen
Can onlu ratify or reject treties and appt pu to it, not create on own
Ie paris climate agreement
Use filibuster challenging 2013 72 h sandy hook reform guns
Overvalue states and sixe not proportional
Represent ideology of consituency
Aoc v left wing in new yroj
Revolving door example
House majority leader cantor 2014 once lost 2014 primary race becmae lobbyist
Measures taken to pass legislation
Obama to pass aca- issue order exec order 13535 - gaurentee abortion not fed funded
Party rebel president
2018 budget trump requetsed budget for environ protection agency cut by thrid- house republicans epa cut by 6%
Attempt at reform of filibuster
2022
Senate split 5050 betwen dr
Biden and democrats struggling to advance legilsation such as the john lewis voting rights act
Facing filibuster majority leader schumer put forward a vote to reform filibuster so only need 50 votes for clotudre motioon
Defeated 48 52
Manchin and sinema vote against reform
Increasing yse of filibuster
Shows increasnig polarisation
116th congress used 325 times, compared to only 60 times in 108th congress
Example of constituency rep legisation
part of the Brady amendments to the Tax Cuts and Jobs Act 2018, copyrighted songs were defined as capital assets and subjected to a lower tax rate. This request was made by Representative Diane Black, whose district covered parts of Nashville, famed for songwriting and country music.
Congress checked power preisdnet financial
Block obama ecex order to close guantanimo prison- supplementary approvals act 20040 blocked funds for tranfer or release of dteainees
Block trump wall leading to gridlock
Exec rder
Biden cancelled keystone pipeline and 100 other environmental actions of trumpin 2020
Cole memo obama - fed wont intervene drug offences unless circumstances such as firearm involved
Commander in chief
Biden withdraw afghanistan troops
Obama 33000 surge troops
Imperial presdient- schleisenger
Yoo- unitary president- increased power as commander in chief
Theroists presidnetial power constrained
Lowi- law of presidential failure,e all do end in failure
Constrained to gov- jones effectvely by sops- lose both hoses obama
Neustadt president only real power is the power to persuade
Treaties congress ratify
2/3 votes
Never paris cllimate tried- depsite in and out
Start- arms reduction- 2010- 71-26 ratified
Domestic power strnegths
President initiates- is proactive- state of the union, appt sc, budget, control state beurecracy
Has a madate- biden inflation reduction act
State of union adress e
Exec orde
Uified gov- brooklins insitiuute found oversigt better by democrats even if dmeocrat president
Size of vote- mandate
Signifi states
Coattails effect- ability of a presdient to bring out supporters for otehr members of same party- ie obama for democrats in congress
Domesic power weakess
C+b power of pruse and ocunterveto
Neustadt only real pwoer, power to persuade
Skinner- partisan presidency- increasingly divided congress obama 2014
Federalism dispersal of power- shared soverignty
Sc- vance vtrump-
Filibusteer delay tactics
V small legislation passed 4%
Lame duck president- a president holding office after an election they have not won- informal weak president
Fp strnegthhs
Us leaders world policu- international crisis- israle suppported us take swift action , proactive, nato and un power (un security council permenenat member
Head of state- ceremonial national assumrance
Commander in chief- defend us interests- war on terros, biden went to israel 2023 oct
Exec agreements signed without senate consulation- iran sanctions, beceam etreaty later, - if iran let weapons sector check s then can develiop nuclear power not weapons, trump revoke, biden reverse
Immediate actions- air strickes- obama on n pakistan against al wuada
Us v curtiss-wright 1936 set a precedent, president- sole organ of the fed gov in time of international relations
Depfence dpt- part of fed beurarcy controlled by presidental appt deefcence sec- obama hagel approved plans for use of tomahawk missiles agianst suyria
Fp weakness
Legislative/constitutional barriers
Power of the purse- reactive check
May try to reassert power on war- reinstate enumerated powers- war powers act 1979 (limited presdiential powe rin vietname) but patriot act relicenced under each president since buish
Although lots of issues waterboarding and war tribunals
Hamdan (206) hamdi (2004) rumsfeld- sc war tribunals, dont count, need right to fair trial and use torture
Approval
-treaties ratified- iran sanctionsm paris climate
Eoucnter veto congress overwhlming support legilsation to president desk- 9/11 familuy victims sue where money comes from- saudi arabia but dont want to dmage relations- overwehlming public support
Congress oversigt- ie approved intervention suyrua 10-7- senate foriegn raltions comm
External factors
Other countries can undermine
If out of step may damage support- obama not end war afghanistan, biden did badly, bush 9/11 elongation and american detahs
Clinton sucess presidnet
Econ oversaw balanced budget, handed on sound econ to bush, us leads financial world, unemp 25 y low, new deomcrat fiscal con move to right
Dont ask dont tell- gay people in servcies
Foriegn policy- yugoslavia balkan wars through un
Ireland- close arrnagements in good friday but did upset british with sinn fein
Remoed incumbent goegre h bush despite him winning gulf war, couldnt keep no new taxes promises- clinton its the eocnomy stupid
Most diverse cabinet at that point
Clinton weakness as presdient
Healthcare couldnt pass through republicans- hilary in charge
Teapot movement grew- right wing
Impeachment wityh lewinsky
Bush jnr sucess
Support with 9/11 commander in chief
Created homeland security security
Ecucation reform- no new child left behind- 2% increased for underprivilaedge schools, as an evangelicist wanted to do well
Tac cuts- promised and delive
Sucess toppled saddam hussein lt aim
Bush jnr weakness
No child left behind didnt work as well a hoped due to cuts and angered fed
Oraq damage- hamdan and hamdi
Obama sucess
Healthcare act reduced 18 to 13% without healdthcare
Increased employment despite econ crash 2008
Bin laden killed
End iraq
Messianic figure
Obama weakness
Republican angry at time- sebelius case 5v4 roberts changed mind
Uni didnt get message across of getting more poor students in
Healthcare could have gone further
Prolonged war afghanistan
Couldnt shit down guantanimo bay
Uimmigration texas v us- right to remain too big change- tried to have greater rights to children of immigrants 2016
2014 obma out of touch- even own party not put him on lit
Trump sucess
Econ tax cuts brady tax bill 2017- benefit rich by cutting corperation tax 35 to 21%
Unemp us leading low
Diplomacy world leader nk, latin america on immigration control
Covid package to avoid recession
Trump failure
Personally benefitted tax cuts
Promise of growth fi fnot happen
Diplomacy often without prep- rocket man
Gridlock over wall 35 days
Covid misinformation, inject bleach
Storming of capitol
Biden sucess
Vaccine programme
Inflation reduction act 200,000 more jobs- green energy esp in rustbelt
Infrastucture to recover from covid £1.9trn
Ira capped price insulin- in state of union adress
America rescue plan expand child tax credit, enhance social security
Respect for marriage act 2022- cements oberefell
Exe corder pardon thousands marujuana
Rejoin paris climate
Ukraine- sgtrong lead met z,
Biden weakness
Israel many countries refused to meet
Promise buld back not seen as much
Afghanistan reombal disasteras— lack state building, taliban in control, lots left
Upset republicans by increasing tax- 25% min millionaires, $150bn cut non defence, eg education std
Etv president is most pwoerful branch of gov
Ecec banch, sops aim prevent tyranical ruler ff
Loa y
Commander in chief, legislative, sc
Presdient most powerful branch- y legslaturve
Stateoo f union- tv and highlyt repirted- strengtheens when can achieve with biden 2023 ira capped price insulin
Ecex order biden oppose 100 trunmp environmental exec order inc keystone pipeline- defined himself
Signifng statement- national defence authorisation act - 2011 stated concerns over detention, interrogation, supported terrorists greater control on criminal justice system, previously defearted on guantanimo
Exec offic eof presient
Exop
Designed to be flexible- v few positions require senate confirmed
Meant to be fluid to adapt to presidents style
Diff to pin down exactly how many people currently work in exec office
Headed by white house chief of staff
Main three agencies- nsc, who, onb
Nat security council
Formed under truman
Main body used by the president for the formation of policies relating to national security and foriegn policy
Formed by president, vp, secretary of state, sec of defence, national security security advisor
Military advisors and intelligence advisors will participate on a regular basis
Nat security council
Formed under truman
Main body used by the president for the formation of policies relating to national security and foriegn policy
Formed by president, vp, secretary of state, sec of defence, national security security advisor
Military advisors and intelligence advisors will participate on a regular basis
