US CONSTITUTION Flashcards

1
Q

Explain and analyse 3 features of the US constitution?

A

-One feature of the US constitution is that there is checks and balances which allows for scrutiny of each individual branch in order for an effective function.

-Another is separation of powers allowing for no one branch of government to be more powerful than another.
(Congress debates, amends and passes legislation but the president can sign it or veto it.)

-Finally one feature is federalism so there is delegation of powers to the state.

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2
Q

Explain and analyse 3 ways the constitution ensures that congress can check the power of the president?

A

-Impeachment proccess

-overturning a presidential veto by a 2/3 majority (EVIDENCE=IN 2016 Obamas vetoe of JASTA legislation was overidden)

-Amending or rejecting presidents legislation (TRUMP AND OBAMA)

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3
Q

Explain and analyse 3 ways the constitution ensures that congress can check the power of the Supreme Court?

A

-Ratifying appointments senate judicary committe

-Congress being able to impeach judges for being corrupt (EVIDENCE= 2010 THOMAS PORTEUS)

-Constitutional amendments can be initiated to overturn sc decisions and stop them legislating from the bench.

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4
Q

How effectively does the US Constitution provide checks and
balances?

A

——–Fristly US constitution offers great checks and balances due to the seperation of powers and there being constant checks between Congress and executive as seen by congress amending or rejecting a presidential legislation.
(EVIDENCE=Sandy hook guns reform, president obama. Also TRUMP 2018 trying to pass healthcare reforms)

cons= If the president’s party has a majority in both chambers, then it may be
very easy to pass their agenda. Partisanship can lead to a lack of checks.
2) Imperial presidency theory suggests that constitutional checks on president
do not work.

——–Second their is also effective checks that make sure that no power is abused by judicial review and checking that the rule of law is maintained by every branch.
(EVIDENCE= Biden v Nebraska 2023 – overturned Biden’s student debt forgiveness programme and NFIB v Department of Labour 2022 -
overturned President Biden’s policy which required all workers in a large company to
have a vaccine.

However not much checks on judiciary due to judicial philosophy and life of tenure

——Finally presdient checks on Congress like pocket vetoe and so reject Congress legislation by executive orders. (EVIDENCE obama made four vetoe threats in 2015 state of union adress and also trump over the us-mexico border wall veto)
However president isnt checked as powerfully to due them being able to deploy troop overseas as seen by Obama and Libya 2011

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5
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