Unit 4 Flashcards
How effectively do the 3 branches check each other, too strong
Gridlock can occur when executive + congress controlled by different parties eg 1995-1996
How effectively do the 3 branches check each other, too weak
Framed to ensure each branch depends on others, not get too powerful:
Growth of judicial review (uncheckable power on public policy)
Pouts exploits roles as C.I.C and circumvents congress through executive orders, signing statements etc
Unified party control of congress=coorporation, therefore no oversight.
How effectively do the three branches check each other? Very Effectively.
Constitution has worked for over 200 years, only 27 amendments (17 without B.O.Rights)
Why disagreement over constitutional importance of federalism? Conservative
Cons: liberty best protected by policies being made at local level, with policy makers being held locally accountable. Threat to freedom is powerful central over meant relative to state government.
Therefore, federalism is seen as key constitutional device to protect freedom/diluting federalism is seen as undermining freedom
Why disagreement over constitutional importance of federalism? liberal
Consistent application can only be monitored by national government.
Point out under ‘state rights’ banner, local communities can be guilt of fostering tyranny of the majority, eg white communities in the south
Political party significance of Congress
Members of congress often put local consideration before ideology+party loyalty, especially HOR due to 2yr elections.
However:
More votes are along party lines, eg obamas stimulus package got 0 R HOR, 3 SEN
Each 3 last house speaker have had strong, overt, ideological approaches, eg. Boehner.
When congress+WH controlled by same party, eg 2004, oversight less rigorous
Members most effective when chair committees, canola be done when party holds majority
Committees
Congress in session is congress on publication exhibition, congress in committee rooms is congress at work,Wilson 1885
Standing-permanent policy specialists (oversight)
House rules - timetables/prioritises bills/gives rule
Conference committees - ad hoc, reconcile differences
Select committees - ad hoc, set up when investigating doesn’t fall within policy area of a committee/takes too much time, eg senate committee on the CIA
Limiting congressional power
Diving power between 2 chambers, both agree on precise wording of any bills before become law
HOR made more accountable via 2 year reelec
States have power to appoint 2 senators, regardless of pop size, who will look after state interests
Section 9,limits laws that can be passed eg, no law can favour 1 state over another
Why do so few bills get passed in congress?
Over 10,000 bills annually,less than 5% passed
Must pass rough both chambers, equal power, HOR pass bills senate are reluctant to eg Obama energy, also diff bills prioritised
Constitutional check of potus veto, hard to overturn eg bush Medicare 2008 overturn
Deliberately long system for passing laws, committee stage pigeon hole, senate filibuster
Increased partisanship in congress, nearly all obamas legislation was opposed by republicans in both houses, eg energy, however, rest have been pursued
Role of committee chairmen, why criticised?
Pigeon hole bills,rewrite bills, promote a bill
Appointment throug seniority, run com. As Independant fiefdoms benefit of themselves
However, since 94, term limits, rewarding party unity not seniority and intervening to secure outcome speaker wants
Factors high enhance POTUS power….
Size of mandate Easier to govern 1st term Previous Washington experience Competent White House staff eg not clintons Oratorical skills Crisis, provided handled well
Factors which limit POTUS power….
Congress, checks and balances: amend, delay or reject POTUS legislative agenda/budgetary requests
Override veto
Check his CIC with power of purse/declare war
Refuse to ratify treaties/reject appointments
Conduct oversight
Impeach
Supreme Court, unconstitutional
Public opinion/media/public opinion
Federal bureaucracy, can challenge, eg iron ^
Pork barrel politics, significance?
To aid re election
Very high rate of incumbency
Sprawling and incoherent legislative agenda
Neglect of national interest at expense of local
Growing government debt
$107,000 to study sex life of Japanese quail
Bridge to nowhere, Ted Stevens (r)
Checks on Supreme Court
Congress: confirm appointments, can be impeached, iniatiate const. amendments,court packing
President: nomination of justices/can support or openly criticise
Other: public opinion, no enforcement powers, can’t implement cases, some parts of const. unambiguous
Philosophy of justices
Strict constructionalist, eg Scalia/Thomas
Strict/literal interpretation of const. Stress retention of powers of individual states, focus on text of const, originalist, appointed by republican POTUS usually
Liberal, loose interpretation, stresses centralisation of power
