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