US constitution Flashcards
key features of the constitution
- representatice gov, not democratic. seen by electoral college (indirect)
- fear of power- separated between states and federal gov. limited gov.
- implied v. enumerated powers. e.g. pres commander in cheif enumerated.
vagueness of the constitution being a strength
strength: “elastic clause”- necessary and proper to legislate and can adapt.
e.g. Immigration act 1924 banned asians in US. 1965 passed voting rights and banned racial discrimination.
vagueness of the constitution being a weakness
lack of allusion to democractic principles- took decades for us to become democratic by amendments
e.g. 19th amendment 1920 enfranchised women
gridlock due to constitution
requires mutual agreement from parties. however, often competition
e.g. budget proposed by preisent and approved by congress. 35 days gov shutdown between dec 2018 and jan 2019.
also threat of presidential veto
elections in the constitution
organisation is in the hands of states- vary in early voting, different methods e.t.c.
e.g. 2020 elections in Georgia, neither candidate for senate race reached over 50%, so runoff election Jan 2021
arguments for the separation of powers being significant
- no one serves both leg and exec e.g. H Clinton resign as NY senator when appt. to sec of state
- prevents 1 branch too much power. to get policy through, pres has to work with congress and consitution
- notion of independent judiciary- vital to defence of rights
arguments against the separation of powers being significant
- VP is also senate president, and votes in tie. e.g. Mike Pence confirmed Betsy DeVos education sec 2017
- president with supportive congress (untied) has more power
- president power of pardon undermines judiciary power
presidential checks on congress
- veto on acts of congress. e.g. Barack Obama vetoed Keystone XL pipeline and issued 12 vetos in 2 terms
- issue exec orderss to dissuade congress. e.g. 2017 trump travel ban on visitors from several countries, mostly muslim-maj ones
presidential checks on judiciary
- nominates federal justices e.g. Trump; Gorsuch, Kavanaugh, Coney-Barrett
- pardons to those convicted of federal crimes e.g. Trump 73 pardons on final day in office 2021. including to former chief strategist Steve Bannon (fraud charges)
congressional checks on president
- veto overturned by supermajority in both houses e.g. 2016 overturned Obama veto of Justice Against Sponsors of Terrorism Act
- senate majority of pres appts. e.g. last denied 1989 John Tower defence sec.
congressional checks on judiciary
- impeach and remoce justices e.g. 2010 lousiana judge Thomas Porteous for corruption in near unanimous vote
- amendments to overturn SC verdicts e.g. 1896 court found income tax uncons. reversed by ratiication of 13th amendment 1913
judicial checks on presidents
- can rule actions unconstitutional
e.g. Hamdan V Rumsfeld 2006- ruled against military commissions set up for Bush to try members of Al Qaeda
judicial checks on congress
- rule acts of congress unconstitutional
e.g. 2013 defence of marriage act uncons in united states v windsor. major advance for same sex marriage
how is the constitution amended?
- 2/3 maj in congress, ratified 3/4 state legislatures
- called by 2/3 states, ratified 3/4 state legislatures at ratifying conventions
only 27 amendments, 6 proposed but not ratified.
informal constitutional amendments
by Supreme Court judgements- judicial review interprets the meaning of clauses
e.g. Obergefell v Hodges 2015
liberals see constitution as “living document” capable of being interpreted for modern age
