US: Constitution Flashcards
What are the three key aspects of the nature of the constitution? (from textbook)
Codification - The US constitution is the collected and authoritative set of rules of American government and politics.
Vagueness - The constitution is a blend of specificity (enumerated powers, articles I, II, III) and vagueness (eg article I section 8 ‘necessary and proper’) that aids compromise but also leads to significant conflict and disputes over interpretations.
Entrenchment - The constitution is protected by law - specifically Article V - meaning that it is difficult to amend.
What are the four fundamental principles of the constitution?
- The separation of powers
- Checks and balances
- Bipartisanship
- Federalism/limited government
Give 3 ways the checks and balances of Congress are effective
Congress -
Checks the executive by controlling legislative agenda, having some control over FP and having some ability to override the president’s veto.
E.G: John Tower ‘89, Harriet Myers ‘05, Merrick Garland ‘16
Which article gives the President a clear set of formal powers? Provide the examples of these powers.
Article II
1. Executive - The president is the chief of the federal government. The president prepares the annual budget, although they must submit it to congress.
- Legislative - The president proposes legislation to Congress. The president signs legislation passed by Congress to make it law. The president can veto legislation passed by Congress to prevent it becoming law.
- Appointment - The president nominates officials to the executive branch (although some of these must be confirmed by the senate). The president nominates all federal judges (although they must all be confirmed by the senate).
- Foreign affairs - The president is commander-in-chief of the US military and can ‘initiate military action’. The president negotiates treaties with foreign powers (although the Senate must ratify them with a 2/3 majority).
Give 3 reasons why/examples of how the checks and balances between the three branches of the federal government are NOT effective.
Legislative-
Cannot effectively control power of exec due to size (slow to react), hyperpartisanship (hard to override veto, impeach, suspend among other things)
Executive-
President is imperious, and can ‘steer’ the nation with use of the bully pulpit, command of armed forces, EOs and EAs. “we will reach out our hand if you will unclench your fist”
Judicial-
Strike down laws and EOs, EAs that are deemed unconstitutional. (DAPA, PPACA)
how do presidential vetoes show the functioning of the federal government is impeded by checks and balances.
Can block legislation that comes from a united Congress. E.G: Trump shut down the government in 2018:vetoing the annual budget after it did not include his border wall
List the ways which Congress can check and balance other branches.
Congress - Passes Laws Power of the Purse Declarations of War Congressional Hearings & Investigations Executive Appointment Hearings ‘advice and consent powers’ Power of Impeachment Veto Override
Number the amendments that abolished slavery, gave women the right to vote, and reformed the succession to the presidency.
- 13th Amendment, December 6, 1865
- 19th Amendment, August 18, 1920
- 25th Amendment, February 10, 1967
List the ways which the president can check and balance other branches.
Presidential Veto
Commands armed forces in military action
Use of Executive Orders
Executive appointments such as Judges (e.g. Supreme Court justices)
List the ways which the supreme court can check and balance other branches.
Rules whether laws are unconstitutional
Determines whether executive actions are unconstitutional (e.g. Supreme court rules that both DAPA and Medicaid are unconstitutional and strips both)
how does judicial review show the functioning of the federal government is impeded by checks and balances.
Can impede legislation that passes president and Congress, even if it potentially has a great popular mandate. E.G: Caused problems with the roll out of Obamacare. SC case National Federation of Independent Businesses v Sibelius 2012.
how does treaty ratification show the functioning of the federal government is impeded by checks and balances.
The difficulty of getting treaties ratified by the Senate leads presidents into relying on EAs. E.G: Obama entered Iran nuclear deal, Paris climate agreement, Trump simply rescinded the EAs (not legally binding. Biden has since re-entered Paris and is working on Iran.
Give 3 ways the checks and balances of the Executive are effective
Checks the legislative with use of veto, appointments of SC. and EOs
E.G: War Powers Act does not apply in Yemen ‘18-‘19
Give 3 ways the checks and balances of The Judiciary are effective
Checks the leg and exec by striking down EAs, EOs, legislation.
E.G: Defence of Marriage Act struck down 2015
ETVT the US system of checks and balances has failed
INTRO: While the formal powers of the branches are effective in preventing tyranny, this is outdated as the informal powers of the branches are not extra-constitutional
- President
- Congress can amend/delay/reject pres. leg. proposals, e.g. Trump saying he would “repeal and replace” Obamacare but blocked by Congress
- Can override the presidential veto e.g. JASTA veto overriden 2016, or can refuse a Supreme Court appointment (Merrick Garland)
- “Power of the purse” e.g. Foreign Assistance Act 1974 shut off Vietnam funding
PIVOT: Informal powers of the president such as EOs and EAs do not have to pass formal checks (e.g. Paris Agreement 2016, China trade agreement 2015 and Nuclear deal with Iran 2015, DACA)
- President still holds power to appoint SC justices which adhere to his political ideology
- To date, no president or vice president has ever been removed from office by impeachment- therefore, impeachment ineffective
- Only 5% of presidential vetoes have ever been overriden (out of 2500 since 1789) - Congress
- President can veto regulation (e.g. Trump vetoes the Iran War Powers regulation). Most vetoes overturned in last 30 years is 4 for GWB- vetoes rarely overturned
- SC can declare Congressional legislation as unconstitutional (e.g. US v Windsor 2013)
PIVOT: Judicial review not in the constitution, therefore, as question suggests one of the biggest checks on Congress after the veto is not in constitution
- President can mobilise troops without Congressional approval (Libya and Syria in 2011) - Supreme Court
- Congress can propose constitutional amendments to overturn SC decisions (e.g. 16th amendment in retaliation to SC declaring federal income unconstitutional)
- Can impeach and try members of the courts (8 members of judiciary have been successfully impeached)
- Presidential pardon can overturn judgements of the judiciary (Trump pardoned many of his staff)
PIVOT: Presidents have tried and failed to pardon themselves (e.g. Nixon and Trump)
- Difficulty of constitution to be amended means there is little likely challenge (especially with today’s Republicans)
- Judicial review creates too much power for the Supreme Court and there is no way to check it after the appointment process (e.g. Presidents disappointed in nominees who were secretly more liberal than thought (GWB and Eisenhower both said))
