Us constitution and federalism

Question 1

Enumerated powers

Answer 1

Powers delegated to the federal government under the constitution. For example congress can coin money and declare war.

Question 2

Implied powers

Answer 2

Powers that are not explicitly stated in the constitution but are implied by the enumerated powers. For example the “necessary and proper” clause means that the powers of the federal government can be stretched.

Question 3

Judicial review

Answer 3

An implied power of the supreme court where they can find acts of congress, actions of the executive and acts or actions of state governments unconstitutional. e.g. Marbury v Madison 1803 was the first judicial review of a federal law.

Question 4

Congress Enumerated powers

Answer 4

Exclusive powers to legislate for the country, Tax and duty collection, Establishing currency, Declaration of war, Maintenance of army, Amendment of the constitution, Establishing courts.

Question 5

Congress implied powers

Answer 5

Collect taxes to provide for the defence of the US, Interstate commerce clause, Power to draft citizens into the armed forces may be implied by the power to raise an army and navy.

Question 6

President enumerated powers

Answer 6

Head of the executive branch, Nominate cabinet members and judges, Grants pardons, Commander and chief, Proposes legislation, veto’s legislation.

Question 7

President implied powers

Answer 7

Commander and chief of the air force, this at the time was not included as there was not air force.

Question 8

Judiciary enumerated powers

Answer 8

To rule on cases arising under the constitution

Question 9

Judiciary implied powers

Answer 9

Judicial review, to declare acts of congress unconstitutional

Question 10

Reserved powers

Answer 10

Constitution also includes reserved powers that are reserved to the states alone or to the people. These are included in the tenth amendment. Re iterates that the fed government is limited and if powers are not delegated specifically they fall to the states or individuals.

Question 11

Concurrent powers

Answer 11

Those shared by the federal and state governments, building roads, taxes and maintaining courts. Supremacy clause, enshrines the dominance of national law meaning federal laws are the supreme laws of the land.

Question 12

What are six checks that congress has on the president?

Answer 12

-Can amend, block or reject legislation recommended by the president.
-Can override the presidents veto with a supermajority in both houses
-Can reject a budget submitted by the president
-Can declare war which checks the presidents role as commander and chief
-Can investigate the executive branch
-Can impeach the president

Question 13

What are two checks the senate alone has on the power of the president?

Answer 13

-Can ratify treaties with a supermajority.
-Can approve the appointment of judges nominated by the president.

Question 14

What checks does the supreme court have on the president?

Answer 14

-Can declare executive actions unconstitutional.

Question 15

Example of congress blocking, amending or rejecting presidential legislation.

Answer 15

2017- Trump argued he would repeal Obamacare but was blocked by congress.

Question 16

Example of congress overriding president vetos.

Answer 16

2016- Overrode Obamas veto of the Justices against sponsors of terrorism act.

Question 17

Example of congress rejecting a presidents budget.

Answer 17

2018- Trumps budget was rejected by democrats because of the funding measure on border security which led to a 35 day government shut down- the longest in US history.

Question 18

Example of congress declaring war/ limiting the presidents power in war.

Answer 18

Declared war against Germany in 1941.
Forced Clinton to withdraw troop from Somalia in 1994 with the War powers act 1973.

Question 19

Example of the senate ratifying/ rejecting treaties, how can presidents get around this?

Answer 19

1999 rejected the comprehensive test ban treaty.
Presidents can avoid losing control over foreign policy by signing executive agreements with other powers such as the JCPOA that Obama signed with Iran.

Question 20

What is an example of the senate threatening to reject Supreme Court judges?

Answer 20

Trumps 2017 choice Puzder withdrew over senators concerns over his personal background

Question 21

Example of congress investigating the executive branch.

Answer 21

CARES act 2020 oversight commission had oversight on the effectiveness of the federal governments implementation of CARES

Question 22

Example of congress impeaching presidents.

Answer 22

Trump impeached in 2019 and 2021 all impeached by the house of representatives and the acquitted by the senate.

Question 23

Example of the supreme court deeming executive actions un constitutional.

Answer 23

2014 with the National Labour Relations Board vs Noel Canning, the court ruled Obama acted unconstitutionally when making appointment to the board without senate approval.

Question 24

What are two checks that the president has on congress?

Answer 24

-President can veto legislation for bills they strongly dislike.
-Can use executive agreements rather than treaties to negotiate with foreign powers and avoid senate ratification.

Question 25

What checks does the Supreme Court have on congress?

Answer 25

Can declare acts of congress unconstitutional using judicial review

Question 26

What is an example of presidential vetos?

Answer 26

In may 2020 Trump vetoed the Iran war powers legislation which would have limited his ability to wage war against Iran.

Question 27

What is an example of presidents using executive agreements rather that senate ratified treaties?

Answer 27

Obama joined the Joint comprehensive plan of action (JCPOA) with Iran but this was easily undone by Trump.

Question 28

What is an example of the Supreme Court declaring acts of congress unconstitutional?

Answer 28

2013 the case of United States vs Windsor supreme court declared the defence of marriage act unconstitutional.

Question 29

What two checks does congress have on the Judiciary?

Answer 29

-Can propose constitutional amendments to overturn a decision of the Supreme Court.
-Powers of impeachment trial and removal of judges found guilty of misconduct.

Question 30

What checks does the president have against the Judiciary?

Answer 30

-Presidential pardon can overturn judgements of the judiciary.

Question 31

What is an example of congress proposing constitutional amendments to overturn supreme court decisions and why is this power limited?

Answer 31

-Congress proposed the 16th amendment in response to the 1896 decision of the supreme court that federal income was unconstitutional.
-Limited because the constitution is very hard to amend therefore it is a weak and ineffective check.