US Flashcards
The Connecticut Compromise
Decision that states would be assigned equal seats in senate and population proportionate seats in the House.
- provides a safeguard for smaller states in constitution so size doesn’t influence political influence.
- key constituent in the bicameral setup of Congress, amplifying the representation and oversight provided by smaller states.
evidence that smaller states are overrepresented in the electoral college
Wyoming has 1 EC per 190,000 whereas california has 1 per 680,000 (approximately)
necessary and proper clause
gives congress the power to make laws necessary to carry out enumerated powers.
- constitutional authorisation for many acts of federal government, many of which have threatened the sovereignty of states.
- extends powers to Congress beyond enumerated, serving as a constitutional source for the majority of federal laws.
McCulloch vs Maryland 1819
established precedent where congress were given broad authority to determine federal powers
Bill of Rights 1791
first 10 amendments of the constitution.
- in the codified constitution, entrenching civil rights and liberties.
- 10th amendment establishes the division of sovereignty between state and federal.
- due to judicial review, justices can be ultimate arbiters if individual rights have been violated.
- rights respected by both political parties, though interpreted differently, such as the 2nd amendment.
- interest groups like ACLU protect civil liberties.
Marbury vs Madison 1803
birth of judicial review, where SC can invalidate laws that violate the constitution.
- reminder that the power of judicial review is not explicitly in the constitution.
- SC as gatekeepers of the constitution, vital in protecting individual rights and overseeing other branches.
Civil War / Reconstruction Amendments (6)
13th, 14th and 15th amendments, which abolished slavery, equal protection before the law and barring of race discrimination in the right to vote.
- due to federalism, states have been unequal in their approach to these. e.g. Governor Faubus’s refusal to let black kids into white schools in arkansas until eisenhower intervened.
- congress has served as a safeguard and obstacle to these rights. Civil Rights Act 1964 offered federal protections for these amendments.
- presidents have used unilateral powers to protect these rights, e.g. executive order 11246 establishing the groundwork for affirmative action.
- judicial review allows justices to judge whether these protections are being upheld.
- upholding these amendments ensures fair representation of racial demographics. shelby vs holder decreased participation from minority ethnic groups.
- interest groups such as the ACLU campaign to preserve these civil liberties.
NRA
Gun rights interest group.
- emphasises the security of the 2nd amendment in the constitution.
- can influence legislation through lobbying, e.g Erica Tegerson. also endorsement, through their superPAC the NRA PVF, they issue ratings to congresspersons, e.g. Joe Manchin dropped from A+ to D in 2018.
- Interest groups try to influence the SC through amicus briefs, such as DC vs Heller 2008)
- alternative to representation when big tent parties flop to have an actual focus. promotes a more pluralist landscape in American politics.
- Electioneering methods such as phone blitzes, which they spend $40 million on in 2008 to attack obama, may emphasise their influence in elections.
- NRA superPAC spent nearly $20 million on electioneering in 2020. 4.3 million members means they are good at representation.
Brown vs Board of Education 1954
ruled that segregation laws in schools is unconstitutional, overruling previous ‘separate but equal’ established in plessy vs fergusen 1896. UNANIMOUS DECISION FROM SC.
- unanimity shows that SC can make decisions beyond ideological differenves.
- can show weakness of SC because despite ruling, wasn’t implemented in Arkansas until eisenhower intervened and fully until the civil rights act 1964.
-NAACP played a key role with Thurgood Marshal arguing the case for Brown, highlighting how US interest groups are more likely to engage with all 3 branches to get political change.
The AFL-CIO
largest federation of unions in the UC w 12 million members. pro labour policies.
- recently they have concentrated their efforts on lobbying Washington and state capitals. In 2022, $5 million was spent on lobbying.
example of the power of acitvism
Phyllis Schlafly’s STOP ERA Campaign was instrument in turning republican sentiment against the amendment.
can also be used for insider vs outsider because many feminist groups used direct action to make change, such as the NOW in 1978.
the ‘Johnson treatment’ and other methods of persuasion
Neustadt claimed that the president’s power is chiefly a ‘power to persuade’.
- this highlights the lack of formal power afforded to the P in constitution due to the serperation of powers.
- reinforces the importance of EXOP, as the VP and chief of staff are often used to persuade to push through congressional action. e.g. Office of Legislative Affairs acts as a full time lobbyist for P’s agenda in congress.
- supports the idea of a weak relationship between congresspersons and party leadership (inability to enforce legislative action means that congresspersons can use their vote to receive executive perks).
The Congressional Black Caucus
officially non partisan caucus that represents a congressional voting bloc who advocate for interests of AAs. There are 56 members.
- highlights the representation of minority groups in congress which puts the CBC in a better position to affect change.
- example of bipartisan congressional action as historically there have been republican members in this caucus, such as Mia Love in 2019.
The War Powers Resolution 1973
federal law to check P’s power. President must notify Congress within 48 hours of military action and forbids armed forces from remaining for more than 60 days without congressional approval.
- key example of checks and balances, but one that exists in principle and not really reality.
- example of the president’s dominance in foreign policy as P’s have rarely been challenged on these grounds due to popularity that surges due to military engagement.
e.g. House calls for withdrawal of troops with Clinton but passes an emergency budget to pay for the US’s role in NATO’s military action.
Obama was able to ignore the 60 day deadline in Libya without significant congressional censure.
US vs Nixon 1974
SC unanimously ordered Nixon to deliver subpoenaed materials related to Watergate to a federal district court. this would override his claims to executive privilege.
- highlights strengths and limits that can be imposed upon the presidency from the SC.
- exposes the limits of executive privilage, as it cannot override the needs of the judicial process.
- example of judicial independence as 3 justice were nominated by Nixon voted against him.
Regents of California vs Bakke 1978
ruled that race could be considered as one of many hollistic factors in admissions, but should not be definite and exclusive.
- set a precedent that was reaffirmed by Grutter vs Bollinger 2003.
- supreme court protecting rights
The flag desecration amendment (failed)
SC ruled 5/4 that the flag Protection act was unconstitutional.
- a reminder of how hard it is to change the constitution, as this took multiple attempts but still failed.
- shows limits of the president as he wanted these laws to be reconsidered, but he couldn’t change anything without the support of the supreme court.
- example of judicial neutrality as justice Anthony Kennedy highlighted that striking this down was not his personal position.
- example of increased right wing populism within republican party.
- Interest groups such as the ACLU filing amicus curiae briefs for Texas vs Johnson and offering representation in his lower court appeal.
john murtha
pennsylvania congressman, who was believed to have steered $2 billion in earmarks from 1992 to 2008.
