U.S Constitution & Federalism Flashcards
Checks and Balances – Obstacle or Enhancement: How does legislative gridlock and partisan polarisation make checks and balances an obstacle?
The separation of powers can lead to gridlock, especially when different branches are controlled by opposing parties, making it hard to pass reforms.
Example: The 2018–2019 U.S. government shutdown lasted 35 days due to a funding dispute between Trump and Congress over border wall funding.
Checks and Balances – Obstacle or Enhancement: How does judicial overreach contribute to policy stagnation?
The Supreme Court’s power of judicial review allows unelected judges to overturn laws passed by elected officials, stalling progressive legislation.
Example: In Dobbs v. Jackson (2022), the Court overturned Roe v. Wade, reversing decades of reproductive rights.
Checks and Balances – Obstacle or Enhancement: How does the system of checks and balances undermine majority rule?
Minority interests can block reforms supported by the majority through institutional mechanisms.
Example: The Senate filibuster allows a minority of 41 senators to block legislation, even if the majority supports it.
Checks and Balances – Obstacle or Enhancement: How do checks and balances help in preventing tyranny and abuse of power?
They prevent any one branch from becoming too powerful, protecting democracy and individual freedoms.
Example: The impeachment process for presidents like Trump and Clinton showed Congress’s ability to hold the executive accountable.
Checks and Balances – Obstacle or Enhancement: How do checks and balances encourage compromise and bipartisanship?
The need for cooperation between branches promotes negotiation, compromise, and balanced policymaking.
Example: The Bipartisan Infrastructure Deal (2021) under Joe Biden showed how cross-party cooperation can be achieved.
Checks and Balances – Obstacle or Enhancement: How do checks and balances support the judicial protection of constitutional rights?
The judiciary reviews laws to ensure government actions are constitutional, protecting civil liberties and minority rights.
Example: In Obergefell v. Hodges (2015), the Court legalised same-sex marriage nationwide, securing civil rights.
U.S. Constitution – Effectiveness of Checks and Balances: How do checks and balances prevent the concentration of power?
They maintain a balance between the executive, legislative, and judicial branches.
Example: The impeachment process held Trump (2019, 2021) and Clinton (1998) accountable, showing that no president is above the law.
U.S. Constitution – Effectiveness of Checks and Balances: How does judicial review protect constitutional rights?
The Supreme Court ensures laws and actions comply with the Constitution, safeguarding civil liberties.
Example: In Brown v. Board of Education (1954), the Court ruled racial segregation in public schools unconstitutional.
U.S. Constitution – Effectiveness of Checks and Balances: How do checks and balances encourage compromise and bipartisanship?
The need for agreement between branches promotes negotiation and balanced policymaking.
Example: The Bipartisan Infrastructure Deal (2021) under Biden showed how cross-party cooperation can be fostered.
U.S. Constitution – Effectiveness of Checks and Balances: How does legislative gridlock and partisan polarisation make checks and balances ineffective?
When branches are controlled by opposing parties, it can lead to gridlock, hindering governance.
Example: The 2018–2019 government shutdown, the longest in U.S. history, occurred due to a funding dispute between Trump and Congress.
U.S. Constitution – Effectiveness of Checks and Balances: How does presidential overreach undermine checks and balances?
Presidents use executive orders to bypass Congress, reducing the system’s ability to limit executive power.
Example: Obama’s executive actions on DACA bypassed Congress after legislative efforts failed.
U.S. Constitution – Effectiveness of Checks and Balances: How do minority rule and institutional inequality challenge the effectiveness of checks and balances?
Structural issues like equal Senate representation and the Electoral College can give disproportionate power to small states or less popular candidates.
Example: The Senate filibuster allows 41 senators to block legislation, even if the majority supports it.
