United States Flashcards
State structure?
Federal
Does it have territorial sub-units? How many are they?
50 States
How can new states be admitted?
By an Act of Congress Art. IV (3) US Constitution
Form of the 50 States?
Republics:
- All have their own constitution
- a presidential system of government
- they feature state governments which all have two chambers
- own state court system
Who heads the 50 States executives?
They are headed by directly elected governors
What is the District of Columbia?
- federal capital district
- not a state
- governed directly by federal authorities Art. I (8) US Constitution
Name the 3 branches of the federal government
- federal legislative
- federal executive
- federal judiciary
Relation federal level and states
Separation of power
Legislative USA
Congress:
- House of Representatives
- Senate
Executive USA
The President Art. II (1) US Constitution
How does the Congress operate
As a bicameral federal parliament Art. I (1) US Constitution
Who gets represented by the two Chambers?
- The people of the US by the House of Representatives
2. The several States are represented by the Senate
How many Senators represent one State?
Each State not matter its seize is represented by 2 Senators Art. I (3) US Constitution –> total of 100 Senators
How are the Senators elected
Single-member constituency principle: Within the State that he will represent by the States people directly for six years. 1/3 of the Senate is reelected every 2 years (First past the post)
17th Amendment to the US Constitution
Can the number of Senators who represent a State be changed?
No state may be deprived (beraubt) of equal representation in the Senate against its will Art. V US Constitution
Whose consent is required to pass federal legislation?
The Senate’s consent is always required. It cannot be overruled by the House of Representatives Art. I (7) US Constitution
Who has to give its approval if the President concludes treaties or nominates heads of federal agencies, government ministers, federal judges etc.
The Senate has to give its approval Art. II (2) US Constitution
Who tries impeachments (Amtsenthebungsverfahren) and how?
The Senate Art. I (3) US Constitution by a 2/3 majority of members Art. II (4) US Constitution (crimes)
How many members has the House of Representatives?
Number of candidates per state depends on population but each state must have at least on seat Art. I (2) and 14th Amendment US Constitution –> 435 members total
Highest federal judicial authority
US Supreme Court Art. III US Constitution
Commander-in-chief of the armed forces
The President Art. II (2) US Constitution
Who can introduce tax bills?
The House of Representatives has the sole power to introduce tax bills Art. (7) US Constitution
Who has to start the impeachment procedure?
The House of Representatives Art. I (2) US Constitution
Who is the President of the Senate? Does he have a vote?
The President of the Senate is the Vice President of the United States. He has not vote, unless they be equally divided Art. I (3) US Constitution
Can the US Constitution be amended and if so how?
The US Constitution can be amended on the initiative of either 2/3 majorities of members present in both chambers of Congress or based on the proposal drawn up by a convention that Congress convenes by application 2/3 of State parliaments.
Proposed amendments have to be ratified within 3/4 of the States (38 out of 50) either by the State parliaments or by State-level conventions, depending on the choice of procedure as made by Congress
Art. V US Constitution
How are the Members of the House of Representatives elected?
Single-member constituency principle: By the people every second year Art. I (2) and 14th Amendment US Constitution
Which powers has the Congress
Only those powers which are explicitly enumerated in the US Constitution, 10th Amendment US Constitution
What is the commerce clause?
Provides that Congress may regulate commerce with foreign nations, among the several states and with the Indian tribes Art. I (8) US Constitution
What is the spending power?
Grants the Congress the power to lay and collect taxes, and above all to provide for the common defence and general welfare –> What taxes to lay and how to spend Art. I (8) US Constitution
What is the necessary/proper clause?
Allows the Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States, or in any department Art. I (8) US Constitution
How is the President and the Vice President elected?
By electors by the States every 4 years Art. II (1) and 12th Amendment US Constitution (The President and the vice-presidential candidate on the same electoral ticket must be from different States)
How many electors does each State have?
Each State is entitled to have a many electors as it has Senate seats (always 2) plus the number of seats it has in the House of Representatives (at least one). Very small states like the capital district are entitled to at least 3 electors, 23rd Amendment US Constitution (those States are overrepresented to balance out difference in size between States) Total number of 538 electors
Advantages: Voting by electors
- Smaller states are not disadvantaged (normally they would have fewer votes because of their smaller population size)
- > differences in size between the States are mitigated
Who can introduce bills?
Members of the Senate or the House of Representatives
Can one Chamber overrule the other Chamber in the legislative process?
No Chamber can overrule the other. All bills must pass both chambers.
Who has the power of amendment to bills?
Both Chambers have the power of amendment
What is a pocket veto?
If the President nether sign the bill nor vetoes. The bill then becomes law after 10 days excluding Sundays. It can be used to stop the bill, if the Congress has adjourned within 10 working days after its adoption. The bill then does not become law because the president does not sign the bill and has, because of the adjournment of Congress no chance to send it back either. He then has effectively an absolute veto.
Does the President has a veto power to bills?
Yes but he can only veto a bill as a whole, not individual parts of it. His veto can be overruled by 2/3 majority in both chambers
Is the term of the President renewable?
The term is renewable only once 22nd Amendment US Constitution
What happens if the President dies?
The Vice-President becomes the President 20th and 25th Amendment US Constitution
Does the President enjoy immunity whilst being in office?
No.
Is the President or the Vice-President accountable to Congress?
No. They are not accountable to Congress in sense of a confidence rule since they have an electoral mandate of their own. They can only be removed from office in an impeachment procedure Art. II (4) US Constitution
Is there Constitutional review in US?
Yes. Judicial review powers do flow logically from the Constitution Marbury v Madison (5 U.S. 137)
Concrete and ex post is possible
Decentralized, by all the federal courts
Consequence: Set aside law that is therefore not applied
Form of government?
Presidential
Lower chamber?
House of Representatives
Upper chamber?
Senate
Parliamentary motion of censure against executive?
No
Residual legislative Power?
States
Can upper chamber be overridden?
No, House and Senate must concur
Is concrete const. review of legislation possible?
Yes, by all courts
Abstract constitutional review possible?
No
Constitutional human right catalogue?
Yes
Effect of international treaties?
Qualified monism
Supremacy of EU law over national qualified?
No. USA is not a member of the EU
