US constitution Flashcards
define constitution
Constitution- A collection of rules, principles and conventions which outlines the political system, location of sovereignty and relationship between the government and those being governed.
define federal government
Federal government- The national government of the USA consisting of three branches- Congress, the presidency and the judiciary.
define federalism
Federalism- A system in which power and sovereignty are shared between the federal government and individual states
define founding fathers
The Founding Fathers-a commonly used term for those who helped to shape the newly formed nation of the USA. While technically those at the Philadelphia Conventions were ‘Framers’, many of them also signed the Declaration of Independence and contributed heavily to the drafting of the Constitution.
What is the US constitution
The US Constitution has been the governing document for the American politics for over 200 years. It contains just over 7,000 words, including amendments, and yet it is the source of all political power in the USA today.
It provides a clear structure for the federal government, protects the rights and liberties of US citizens, and outlines federalism.
Despite its age, it remains important today, being the basis for Supreme Court rulings and constraining the power of the branches of the US government, with both President Trump and his detractors complaining about those limits.
To fully understand the US Constitution today and to engage in the debates on how effective it really is, we must look at how it was created and what the aims were of the Founding Fathers at Philadelphia in 1787.
How is the US constitution influential?
Although the US Constitution was written in the late 18th Century it is not seen in the US as an old, obsolete and redundant text. It is still the main sovereign political source in the American governmental system. It has huge influence over the lives of American citizens today.
The US Constitution also affects the very top of US politics. It is why Barack Obama could not stand for re-election after serving for two terms, in 2016. The Constitution only allows a president to serve for this length of time. Recently, Jeff Sessions, the US Attorney General, had to resign from the US Senate in 2017, because the Constitution makes it clear that being a member of the legislature and the executive at the same time is not allowed. The US Constitution also makes it clear that there should be elections for the House of Representatives every two years, that everyone over 18 has the right to vote, that most American adults can own a gun if they want to as ‘the right of the people to keep and bear arms shall not be infringed’ is laid out in the Constitution.
On 17th September 1787, the task of writing the new Constitution was complete. When the delegates emerged from their self-imposed silence in Independence Hall in Philadelphia, it is said that a woman approached Benjamin Franklin, one of the Founding Fathers, and asked ‘Well Doctor, what have we got- a republic or a monarchy?’ Replied Frankin: ‘A republic, if you can keep it’.
Explain the origins of the US constitution
Following the Declaration of Independence in 1776, the 13 colonies under British rule became 13 states embroiled in war with the British.
The states wrote the Articles of Confederation, which created a weal federal government and ensured the sovereignty of the states.
However, in the years following the War of Independence the weakness of this document became apparent.
Debates were already taking place about the need for a stronger central government and rebellions against the newly formed government catalysed those debates. At Philadelphia, in 1787, 55 men from 12 states assembled to try and remedy the political problems evident in the Articles of the Confederation.
state the key events from the Boston Tea Party to the Bill of Rights in 1791
1773- The Boston Tea Party- Rebels against British rule from Westminster assert their right to ‘no taxation without representation’.
1774- First Continental Congress- Creates a petition to King George III for a redress of its grievances with a boycott of British goods in the meantime.
1775- Second Continental Congress- Manages the war effort and accepts the Declaration of Independence.
1775-83- The War of Independence- The 13 colonies fight Great Britain
1776- Declaration of Independence- Signed by the 13 colonies and declares them legally sovereign and independent from Great Britain.
1777- Articles of Confederation written and approved by the Second Continental Congress- Creation of a minimal federal government while asserting state powers and sovereignty.
1786- Annapolis Convention (following Shay’s Rebellion), a political gathering which recommends a convention to review the inadequacies of the Articles of Confederation
1787- Philadelphia Convention- 55 delegates from 12 states draft a replacement for the Articles of Confederation.
1788- US Constitution ratified- New Hampshire became the ninth state to ratify the Constitution making it binding.
1789- First presidential election- Results in the election of the first US President- George Washington.
1791- Bill of Rights- (Amendments 1-10) added in order to quell the criticisms of the new Constitution.
Explain the significance of the Philadelphia Constitutional Convention
The Founding Fathers at Philadelphia represented the interests of their own states as well as the newly formed United States of America. They were not therefore willing to give up vast amounts of state power to a new federal government, but they recognised a stronger state government was needed.
The Constitution was therefore built on a number of guiding principles.
define principle
Principle- A fundamental belief or ideal. Constitutional principles may not be named in the Constitution, but they underpin the entire document and can be seen throughout the writing of this document.
define limited government
Limited government- A government which is subject to restrictions on the power it can exercise over a country or its citizens. In the USA these limits are laid out through checks and balances in the Constitution.
define separation of powers
Separation of powers- The complete separation of the three branches of government, Congress, the presidency and the Supreme Court. This includes separation of their powers, buildings and personnel.
define checks and balances
Checks and balances- The power of one branch to directly prevent the action of another branch, thus ‘checking’ their action. That all branches can do this to each other provides a ‘balance’ of power.
define bipartisanship
Bipartisanship- The ability of two or more parties to work together to achieve an outcome. This is enforced by the submajorities required in the Constitution.
What principles underpin the US constitution?
The US Constitution is written in accordance with a number of key guiding principles held by the Founding Fathers.
These are the principles which are seen throughout the Constitution in the structure and limits that were placed on the new government.However, these principles are not named or listed in the Constitution, rather we see them in action through the Articles that are written.
These principles include: limited government, separation of powers, checks and balances, bi-partisanship and federalism
Explain the principle of limited government in relation to the US constitution
Limited Government
Having fought against the perceived tyranny of the British monarchy and been taxed without representation by Parliament, the Founding Fathers were unwilling to create a federal government with unlimited powers. They feared this could challenge the authority of the individual state governments that they represented.
Instead they wanted the new government to be only as big aswas necessary and therefore sought to limit its power through the ‘separation of powers’ and ‘checks and balances’. This would prevent any one branch from gaining too much power and becoming tyrannous.
The Founding Fathers were also concerned about individual freedoms being usurped by a powerful government. Some argued for a Bill of Rights as a way to ensure that government could not remove the individual rights of the people (although ‘the people’ at this time did not extend to everyone in America).
While the Bill of Rights was not part of the Constitution created in 1787, some states only agreed to sign the Constitution on the provision of a Bill of Rights being added to ensure a limited government.
Explain the principle of the separation of powers in relation to the US constitution
Separation of Powers
In trying to achieve limited government, the Founding Fathers drew influence from the work of the Baron de Montesquieu, an eighteenth-century French philosopher. His book ‘The Spirit of Laws’ argued for three separate branches of government- the executive, the legislative and the judiciary.
The founding fathers therefore divided government into three branches which were entirely independent of one another- Congress (the legislature), the president (the executive) and the Supreme Court (the judiciary), each with a separate article in the Constitution outlining its power.
This is known as the ‘separation of powers’. The ‘ineligibility clause’ of Article 1 further prevented any one person from holding office in more than one branch at anytime, to prevent individuals from gaining too much individual power.
Montesquieu argued that by dividing political power between three branches, man’s natural tendency to abuse power could be prevented.
Explain the principle of checks and balances in relation to the US constitution
Checks and balances
Drawing further influence from Montesquieu, and looking to ensure a limited government, the Founding Fathers also included checks and balances in the Constitution.
In arguing for the ratification of the Constitution, James Madison wrote that ‘ambition must be made to counteract ambition’, meaning that eac branch of the federal government had been given the power to oversee the actions of the other branches and even, in some cases, prevent other branches from acting. The Founding Fathers therefore aimed to ensure each branch of government had the power to oversee the other two.
In’The Spirit of the Laws’, Montesquieu argued that to prevent the abuse of power, ‘it is necessary from the very nature of things that power should be a check to power’.
Outline and Explain the differences between the principle of separation of powers and check and balances
Separation of powers:
- the division of power between branches of government
- Power is exercised independently by one branch of government
- The presidential power of the pardon is exercised largely exclusively by the president
Checks and balances:
- the power of one branch to impede the action of another branch
- in order to an exercise a power, branches must cooperate
- to pass any legislation, both houses of congress must vote to approve it and the president must sign it
Explain the principle of bi-partisanship in relation to the US constitution
Bipartisanship
Many of the Founding Fathers were sceptical about the role of parties (or ‘factions’) and sought to ensure that the Constitution would require compromise.
During the debates on ratification, Alexander Hamilton said, ‘we are attempting by this constitution to abolish factions, and to unite all parties for the general welfare’.
There is therefore no provision for a two-party system in the Constitution and, through the separation of powers, the branches were required to cooperate in order to be able to exercise their power.
The different elections and appointments for each branch made it difficult for any one faction to control all of the branches at any one time, going some way to ensuring compromise.
Explain the principle of federalism in relation to the US constitution
Federalism
While the Founding Fathers wanted to defend the rights of their states, they mostly recognised the need for a stronger central government.
Federalism allowed for a system of shared sovereignty, where the federal government would have authority over some aspects of political life while states would remain sovereign over others.
This would ensure that the states’ rights and individual cultures and beliefs were not ignored. In including federalism into the Constitution, not only would it serve as a guarantor of states’ rights, it would also effectively limit both the federal and state governments’ powers by dividing political authority between them.
Outline and explain what articles the US constitution has provided
What the Constitution provided:
Article I- ‘All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives’.
Article II- ‘The executive Power shall be vested in a President of the United States’.
Article III-’The judicial Power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish’.
Article IV- Federal and state federal relationships
Article V- Amendment procedures
Article VI- Miscellaneous provisions including the ‘supremacy clause’.
Article VII- Ratification procedure
Why after the declaration of independence did the constitution face more amendment using the principles outlined in the early draft of the constitution?
At Philadelphia a new Constitution for the United States was created. Following the Declaration of Independence in 1776, Benjamin Franklin supposedly said ‘we must all hang together or most assuredly we will all hang separately’.
The new Constitution intended to ensure that a stronger central government would allow just that, all of the states would ‘hang together’ and defend themselves from foreign threats such as the British.
It is possible to see how the Founding Fathers applied these principles in the final document that they created.
define codification
Codification- A single written document containing all of the constitutional rules and principles
define judiciable
Judiciable- A constitution which contains a higher form of law, and therefore allows other law to be judged against it and be deemed wither ‘constitutional’ or ‘unconstitutional’.
define entrenched
Entrenched- A constitution which is protected from change through a legal process. For the US Constitution this is the two-stage amendment process, which requires supermajority approval from Congress and the states.
Explain how the US constitution differs to the UK constitution in relation to being a codified constitution
Unlike the British constitution the new US Constitution was codified, and all written in one document.
This means that the Constitution itself is the source of all political power in the USA and any powers that the federal or state governments hold are given to them by the Constitution.
Over time 7000 words of the Constitution and its amendments have been altered and amended, but only through interpretation of the wording of the original document.
As a codified constitution, the Constitution is judiciable, meaning that judges can interpret actions and laws against the Constitution to judge whether or not they are ‘constitutional’.
Explain the main articles of the US consitution
Article I- The Legislative Branch- outlines the structure, powers and elections of Congress
Article II- The Executive Branch- outlines the structure, powers and elections of the president
Article III- The Judicial Branch- outlines the structure and powers of the Supreme Court
Article IV- The States- outlines the relationship between the states and admittance of new states
Article V- Amendments- outlines the amendment process to the US Constitution
Article VI- The United States- outlines the supremacy of the Constitution
Article VII- Ratification- outlines the conditions for the ratification of the US Constitution
What does it mean for the US constitution to be entrenched?
The new constitution was also entrenched. This means it was difficult to amend as the document is protected by law.
The US Constitution is protected by its own Article V, which outlines the amendment process. This process ensured that the Constitution could be changed in response to any emerging need but would not be so malleable that it would change frequently.
Today, there have only been 27 amendments, 10 of which were passed together in 1791, forming the Bill of Rights.
The last one was in 1992, which ratified that elected officials in the House of Representatives could only be compensated after election. This proposal was made 202 years before!
define enumerated powers
Enumerated powers- Powers which are specifically and explicitly written down in the US Constitution.
define implied powers
Implied powers- Powers which are not specifically granted in the Constitution but are assumed or implied from the wording of this document and the powers it does grant.
define ‘Necessary and proper clause’
‘Necessary and proper clause’- A clause within Article I of the Constitution which allows Congress to imply any powers which are necessary for it to be able to carry out the enumerated powers. Also known as the ‘elastic clause’.
define supermajority
Supermajority- A required majority of more than half, usually in a vote. The US Constitution specifies supermajorities of two thirds and three quarters for a variety of processes.
define appropriation bills
Appropriation bills- A proposed law from Congress that authorises spending of government, and therefore taxpayers’ money.
Why is constitution viewed to be very vague by constitutional experts?
Given the short length of the Constitution, it is invariably vague throughout much of the document.
There are debates as to why this is so, but given that the Founding Fathers had differing views on the role of the states, slavery, the power of the central government and the importance of a Bill of Rights, it is most likely that the vague the language allowed for compromise of the delegates and agreement of the states.
This has meant that while the Constitution is codified, not every power is outlined within it.
Most commonly, the vague nature of the Constitution is seen through the difference between enumerated powers and implied powers.
Enumerated powers are quickly identified in the first three articles as those powers explicitly given to each branch of government.
In Article I, Congress is explicitly given the power to ‘lay and collect Taxes, Duties, Imports and Excises’, which was an important development from the Articles of Confederation in which the central government had no power over tax and therefore relied on states for money.
However, Congress is also given the power to ‘make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers’, meaning that it had the right to make any law which allowed the members of Congress to carry out their enumerated powers. This vague clause, known as the ‘necessary and proper clause’ has been used to extend the powers of Congress over time.
Compare the differences between enumerated power and implied power
Enumerated power:
- powers that are enumerated are simply those which are written down, in this case the constitution
- they outline specifically the power a branch can exercise
- the constitution outlines in article 2 that ‘the president shall be Commander-in-chief of the Army and Navy of the United states’. Obviously, with no air force at the time as it was not included
Implied power:
- there are the powers which are interpreted from those laid out in the constitution
- they are gained from interpretations of the vague language of the constitution
- following a memorandum from the justice department in 1947, the president is accepted as the Commander-in-chief of the United states Air force, as well as the marines and Coast Guard
Explain the case of McCulloch v Maryland (1819)
McCulloch v Maryland 1819
In 1818, the state of Maryland passed an Act which would impose a tax on banks that were not created by the Maryland government. This would have taxed the Second Bank of the United States, which Congress had created only 2 years before this, as the only bank in Maryland not set up by the state government.
The Supreme Court was asked to judge whether Congress had the right to set up such a bank within its constitutional powers. The decision allowed for Congress’ actions, effectively granting implied powers to Congress.
In the McCulloch v Maryland case, Chief Justice John Marshall wrote ‘…let it be within the scope of the Constitution…(that) which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional’.
This supported the view that Congress, and other branches, have ‘implied powers’ from the Constitution in addition to those explicitly laid out.
Why would some argue that the constitution in not vague as a result of the ‘necessary and proper clause’
Not all of the Constitution is as vague as the ‘necessary and proper’ clause.
The specificity of the 2nd Amendment, the right to bear arms, is an example. This could be seen to be one of the reasons that achieving meaningful gun control has been difficult for so many presidents.
It can be seen that Article I is more detailed and specific than Article II, which is not surprising given the Founding Fathers fears of a strong executive- they gave Congress explicit and specific powers to try and ensure it could not be usurped by the president.
Ironically, doing this has allowed for wider interpretation of presidential power over the last two centuries, given the vague language in Article II, thereby expanding this branch considerably.
Comparatively, Congress has found itself more restricted by the language of Article I, which is almost too specific to allow for interpretation. However, for the Constitution to have survived for 200 years, the vagueness of the document is important in allowing it to adapt to changing circumstances and therefore remain relevant.
Explain how the principle of checks and balances operates in the constitution
While the Founding Fathers aimed to follow Montesquieu’s principle of ‘separation of powers’, Professor Richard Neustadt has argued that they did not manage this- ‘rather it created a government of separated institutions sharing powers’.
This meant that while the three branches over government had separate personnel and, eventually, buildings, many of their powers had required two branches to act together in order to exercise them.
There are few truly ‘separated’ powers in the Constitution that just one branch of government can exercise alone.
It is therefore difficult to divide the two principles of ‘separation of powers’ and ‘checks and balances’ within the Constitution.
summarise the checks and balances outlined in the constitution
congress (legislative branch) -
checks on the president: write legislation, override presidential veto, power of the purse, the power to declare war, impeachment of the president, ratify treaties exercised by the senate and ratify appointments exercised by the senate
checks on the supreme court: impeachment of the justices, propose a constitutional amendment, creation of the lower courts and ratify judicial
summarise the checks and balances outlined in the constitution
congress (legislative branch) -
checks on the president: write legislation, override presidential veto, power of the purse, the power to declare war, impeachment of the president, ratify treaties exercised by the senate and ratify appointments exercised by the senate
checks on the supreme court: impeachment of the justices, propose a constitutional amendment, creation of the lower courts and ratify judicial appointments
president (executive branch) Article 2 -
checks on congress: suggest legislation, sign/veto legislation and act as commander in chief of the armed forces
checks on the supreme court: power of pardon and nomination of judicial appointments
Supreme court (judiciary) Article 3 -
checks on congress and the president: judicial review
What constitutional powers does congress have that can be used to keep the president in check?
Congress has a number of constitutional powers which can limit the actions of the president or prevent his action entirely. These checks include legislation, veto override, power of purse, declare war, impeachment, ratify treaties, ratify appointments.
Explain legislation as a check that can be used by congress on the president
Legislation- The key role of Congress is to produce legislation. Much of the legislation is suggested by the president at his State of the Union Address, which outlines his legislative agenda for the year. However, as the legislative branch, Congress can create, amend, delay, and even reject legislation. In every State of the Union Address between 2010 and 2015, President Obama asked Congress to pass immigration reform, yet no legislation had been passed by the time he left office, much to his disappointment.
Explain veto override as a check that can be used by congress on the president
Veto override- Once Congress has passed a law, it goes to the president to sign, and become law, or to veto, which rejects the bill. Congress has the power to override this veto with a two thirds vote in both houses, forcing a bill into law. The need for a supermajority makes achieving the veto override difficult, as it requires both parties to support it.
Recent presidents have usually had a few defeats in this way, but of George W. Bush’s 12 vetoes, four were overridden and attempts were made to override six more. President Obama’s final veto of the Justice Against the Sponsors of Terrorism Act suffered an overwhelming bipartisan defeat with only the Senate Majority Leader Harry Reid voting ‘no’ to the veto override.
Explain the power of the purse as a check that can be used by congress to check the president
Power of the Purse- Congress has the right to raise taxes and spend the money raised for the national government, which is referred to as the ‘power of the purse’. This should prevent the president from spending without the consent of the elected representatives.
The ‘appropriations clause’ in Article I says, ‘No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law’, so without a congressional law, money cannot be allocated for federal policies.
Article I also states that appropriations bills- those bills that deal with tax and spending- should originate in the House of Representatives, originally the only elected house of Congress. The Senate can make amendments by cannot initiate appropriations bills.
In January 2018, the US government shut down because it lacked the money to operate as a result of a dispute with President Trump over President Obama’s Deferred Action for Childhood Arrivals (DACA) immigration policy. While the dispute continued, Democrats in Congress held up appropriations bills, eventually leading to a government shutdown
Explain how congress’s power to declare war acts as a check that can be used on the president
Declare War- While the president is the ‘Commander in Chief’ and can move troops, Congress is the only branch which can formally declare war on another nation. Congress has used this power 11 times. The last formal use followed the bombing of Pearl Harbor, after which the USA joined the Secong Worl War, declaring war on six individual nations, the last of which being Romania in 1942.
Since then, Congress has been asked to authorise the use of troops, most commonly through AUMFs- the Authorisation for Use of Military Force. These ask Congress to give authorisation for the President to use his military, without formally declaring war.
The AUMF that followed 9/11 authorised the use of military force against those responsible for the attack. This AUMF has been used by Bush, Obama and Trump to justify their actions in conflicts in 14 countries since 2001.
Explain how the congressional power of impeachment acts as a check on the president
Impeachment- Congress can bring impeachment proceedings against a president or members of the executive branch for ‘Conviction of Treason, Bribery or other high Crimes and Misdemeanours’.
The House of Representatives is given the power to bring charges of impeachment against an individual. If this passes a simple majority vote, a formal trial is then held by the Senate. For a person to be found guilty, and therefore removed from office, a two thirds majority vote is needed. Only three presidents have been through the whole impeachment process and all were found not guilty- Presidents Andrew Johnson (1868), Bill Clinton (1997) and Donald Trump (2019).
However the House of Representatives has tried to bring impeachment proceedings against other presidents, most notably the Kucinich-Wexler Articles of Impeachment against President George W. Bush in 2008, which passed a vote in the House of Representatives, but languished in the Judiciary Committee until he left office.
Explain how the congressional power to ratify treaties can act as a check on the president
Ratify treaties- (Senate only) The Senate approves treaties that have been negotiated by the president by a two thirds vote (67 senators).
The Strategic Arms Reduction Treaty (START) in 2010 passed the Senate vote by 71-26 senators. A treaty failing to get two thirds of votes is not ratified, but the Senate can also choose not to vote on a treaty. The Arms Trade Treaty was sent to the Senate in December 2016 but with just weeks until President Trump took office, it never received a ratification vote.
Explain how the congressional power to ratify appointments (used by the senate only) can act as a check on the president
Ratify Appointments- (Senate only) Presidential appointments to the federal courts, federal government departments and ambassadors are all subject to the Senate ‘advise and consent’.
Over 1,200 posts require Senate approval by a simple majority vote. The Senate has formally rejected nominees, such as the rejection of John Tower as the secretary of defence in 1989 following allegations of womanising and alcoholism.
However, it can also shape appointments through its advice. Andrew Puzder was nominated as the secretary of labor in 2017 but withdrew following Senate Majority Leader Mitch McConnell informing President Trump that he did not have the votes to ratify the appointment.
Similarly, President Trump’s education secretary, Betsy de Vos, only managed approval through the tie-breaking vote of Vice President Mike Pence after the Senate divided 50-50 on her ratification- such a tie break had never been used before on the appointment of a cabinet secretary.
Explain how the congressional check of proposing constitutional amendment acts as a check on the supreme court in the US
Congress also has the constitutional powers which limit the power of the Supreme Court or can at least shape the nature of the Court in order to try and influence its decisions.
Impeach justices- The process for impeaching justices is the same as the process for impeaching a president.
This has happened only once to a Supreme Court justice, when Samuel Chase being found ‘not guilty’ of being partisan in his rulings in 1805.
In other federal courts, two cases of impeachment have been brought in the 21st century. Samuel Kent resigned before a verdict could be reached in 2009, and Thomas Porteous was found guilty of bribery and making false statements in 2010.
Propose a constitutional amendment- In all Supreme Court rulings, the Court is required to judge whether an issue is constitutional or not.
By changing the Constitution, a ruling of the Supreme Court can effectively be overturned, as it changes the document against which the Court has to make its judgement.
This has happened only once when in 1913, the 16th Amendment was adopted, allowing for federal income tax to be levied, after the Supreme Court had ruled to deny this in the case of Pollock v Farmers’ Loan & Trust Co. (1895)
Explain the congressional check of creating lower courts as a check on the supreme court in the US
Creation of lower courts- Congress not only has the power to create lower courts, but it also has the power to regulate the Supreme Court’s role in hearing appeals from the lower courts.
At its extremes, this is known as ‘jurisdiction stripping’ (the constitutional ability of Congress to regulate what cases the Supreme Court is allowed to hear).
This has proven difficult and controversial, but remains a constitutional check attempted as recently as 2006 with the Military Commissions Act, which tried to remove the Court the power to hear cases from Guantanamo detainees.
Explain the congressional check of ratifying judicial appointments as a check on the supreme court in the US
Ratify judicial appointments- (Senate only) Presidential nominations to the Supreme Court have a huge impact on the ideological make-up of the Court.
A president will most likely choose a nominee with a similar ideology to his own- conservative or liberal- and in doing so he may change the ideology of the court overall. These ratifications follow the same process as with any other presidential nominee.
While this does not directly affect the power of the Supreme Court, by allowing or refusing justices on to the Court, the Senate can ensure justices are suitably qualified and, more recently, look to ensure or change the ideological balance of the Court.
When Antonin Scalia died in 2016, among the reasons that the Senate did not ratify his proposed replacement, Merrick Garland, was their ideological difference – Scalia was a staunch conservative while Garland was a centrist. The ideological balance of the Court is crucial to the rulings it is likely to give.
Justice Neil Gorsuch succeeded Justice Scalia and was approved by the Senate by a vote of 54-45 in April 2017, with all but three Democrats voting against his nomination, and all Republicans voting in favour.
Why are checks on congress made the president important?
Checks made by the president on Congress
In line with Madison’s view that ‘ambition must be made to counteract ambition’, the president was given powers which would allow him to influence and prevent the action of Congress.
This was to guard against popular democracy- a way of preventing the people electing representatives who acted only in self-interest rather than in the wider interest of the nation.
Explain the presidential power of suggesting legislation acting as a check on congress
Suggest legislation- The US president is directly elected (notwithstanding the Electoral College) and he therefore campaigns on a platform of his own policies.
With no direct legislative powers, the Constitution gives him the right to suggest legislation to Congress through the annual State of the Union Address.
Trump asked, for example, asked Congress for more money for border security in 2018, in line with his promise to ‘build a wall’.
Explain the presidential power of signing/vetoing legislation as a check on congress
Sign/veto legislation- The president can also choose to sign or veto legislation that is put in front of him by Congress, meaning it becomes law or it is returned to Congress to be amended, to be voted on again or to fail.
Both President Bush and Obama used the veto 12 times during their presidency. The threat of the veto alone can be enough to prevent Congress passing a bill to the president or to make Congress amend a bill before it passes rather than have it rejected entirely.
Explain the presidential power of acting as a commander-in chief acts as a check on congress
Commander in Chief- As Commander in Chief, the president decides on the stationing and movement of troops and the use of military weapons.
When Obama sought approval from Congress for action in Syria, he clearly stated, ‘I believe I have the authority to carry out this military action without specific congressional authorization’, but he asked Congress nonetheless in the hopes of a stronger and more united decision:-
‘I’ve long believed that our power is rooted not just in our military might, but in our example as a government of the people, by the people, and for the people. And that’s why I’ve made a second decision: I will seek authorization for the use of force from the American people’s representatives in Congress.’ Barack Obama requesting authorisation for military force in Syria in a speech in the Rose Garden in 2013.
