US Constitutixon Flashcards
Codification =
writing a constitution down in one document
Constitution =
a set of rules determining where sovereignty lies in a political system, and establishing the precise relationship between the government and the governed
Entrenchment =
a system by which the US Constitution is protected from change by law; in this case, by the Amendment Process of Article V
Enumerated/Delegated Powers =
powers explicitly delegated to the federal government under the Constitution - for example Article 1 Section 8 provides a list of Congressional powers
Supremacy Clause =
the portion of Article VI which states that the Constitution, as well as treaties and federal laws, ‘shall be the supreme law of Land’
Implied powers =
Powers inferred from the express powers that allow Congress to carry out its functions.
Necessary and Proper Clause
The final clause of Article 1 Section 8, which empowers Congress to make all laws ‘necessary and proper’ to carry out the federal government’s duties
Reserved powers =
powers not delegated to the federal government, or prohibited by it to the states, are reserved to the states and to the people
Concurrent powers =
powers possessed by both the federal and state governments
What order do the articles of the constitution go in?
they are listed in order of importance Legislative/Congress > Exec/President
What did the founding fathers want for the three powers to reach and why and how did they ensure it?
the founding fathers wanted the three powers to reach a stalemate as then there has to be a compromise, por eso all three powers have the ability to restrict and limit the other powers
What did the Articles of Confederation set up?
it set up a Confederacy /// a Confederacy is a loose collection of independent states
What is a confederacy?
A loose union of independent states
What were the benefits of the confederacy?
it protected states’ independence with some collaboration between states
What were the problems with the confederacy?
states were not united, the central government was very weak, no national executive or judiciary only a weak Congress
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment
a well regulated militia, being necessary to the security of a state the right to keep and bear arms
4th Amendment
Freedom from unreasonable searches and seizures /// it requires a probable cause and a warrant to do searches and seizures
5th Amendment
The Right to Remain Silent - don’t have to incriminate yourself-, Double Jeopardy, right to due process, grand juries must decide if a person should be indicted, explains how the constitution can be amended
indict
to formally accuse/charge someone with a crime
6th Amendment
right to a fair and speedy trial
8th Amendment
protects the rights of those accused /// +excessive bail +excessive fines +cruel and unusual punishments
9th Amendment
ka the forgotten amendment /// the bill of rights does not list every right that people have, just because they are not included does not mean that they don't exist or shouldn't be protected
the forgotten amendment
9th amendment /// the bill of rights does not list every right that people have, just because they are not included does not mean that they don't exist or shouldn't be protected
10th Amendment
+ powers not given to federal government go to people and States
+ the amendment process
+ the equal state representation in the Senate
+ the electoral college
How can a Constitutional Amendment be proposed?
+ it has to be supported by a 2/3 supermajority vote in the House of Representatives and Senate
+ 2/3 of state legislatures call for a national convention to propose amendments
Which Constitutional amendment proposal procedure has never been used?
+ 2/3 of state legislatures call for a national convention to propose amendments
How can a Constitutional Amendment be ratified?
+ by a 3/4 of the state legislature
+ by 3/4 of the state ratifying conventions specially held in each state
When do amendments tend to happen?
after national trauma
What national trauma were the 13th, 14th and 15th amendments ratified after?
The Civil War
13th = end to slavery
14th = provide equal treatment to all citizens regardless of race
15th = give people the vote regardless of ‘race, colour or previous servitude’
What amendments were ratified after The Civil War?
13th = end to slavery 14th = provide equal treatment to all citizens regardless of race 15th = give people the vote regardless of 'race, colour or previous servitude'
What national trauma was the 22nd amendment ratified after?
After WWII
22nd = limited the president to two terms as president
What amendments was ratified after WWII?
the 22nd amendment /// it limited the president to two terms as president
How often is the House of Representatives elected?
every 2 years
On what basis are members elected to the House of Representatives?
Members from each state are elected according to population size
How often is the senate elected?
Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years
How many members are elected to the Senate?
2 members per state
Positives of the legislature?
+ only a 1/3 of the senate are up for election each year
+ the marriage between the Senate and House of Representatives act as a double check and balance for each other
Negatives of the legislature?
+ it may not necessarily be fair that the Senate is not proportionate and each state regardless of size can affect legislation that might not affect them due to their differing population size
What is the Cabinet made up of?
its made up of advisers chosen by the President, they don’t have to be members of the legislature or even politicians
What are departments headed by?
Secretaries /// departments are headed by Secretaries to carry out government policies
Positives of the executive?
+ members of cabinet can be professionals in a certain field e.g. nobel prize winner as they don’t have to be politicians
+ complete separation of powers as members don’t have to be/can’t be a member of the legislature/judiciary
Negatives of the executive?
- members of cabinet are not elected
- with the president and the election the winner of the popular vote may not win as the election is actually decided by the electoral college
What does the Supreme Court do?
+ reviews decisions made in district and appeals courts
+ it’s the highest court in the land
+ it safeguards the constitution
+ it acts to clarify the law
+ when asked it decides whether a law is unconstitutional or not
+ it interprets laws
Negatives of the judiciary?
- The Supreme Court Justices are not elected but can strike down the law of those who are elected
What does the state government allow for?
it allows for diverse opinions and stances on law
How often are governors elected
2 or 4 years
What can the State Assembly do?
+ it has the power to pass laws, control the police, education, health etc
+ can impose punishments for breaches of state law
Examples of enumerated powers held by Congress?
+ collection of taxes and duties
+ establishing currency and coining money
+ declaration of war
+ raise income tax
Examples of enumerated powers held by the President?
+ heads the executive branch
+ vetoes legislation
+ grants pardons
+ nominates cabinet members, ambassadors and the judiciary
Examples of enumerated powers held by the Courts?
+ to rule on cases arising under the Constitution, the Laws of the United States, or Treaties
Examples of implied powers held by Congress?
+ the necessary and proper clause and the commerce clause
Examples of implied powers held by the president?
+ commander in chief of the armed forces
Examples of implied powers held by the Courts?
+ the power of judicial review
What are the concerns of the vagueness of the Constitution?
the constitution could fail to regulate political practice as the authority of the Supreme Court and the Constitution could be undermined
Positives of the vagueness of the Constitution?
+ can be adapted to modern society
+ it can stay relevant
/// e.g. Obergefell v Hodges (2015) it effectively legalised gay marriage as it made same-sex marriage a constitutional right
What has been interpreted by some as to allow for the death penalty?
the 8th amendment prohibition of cruel and unusual punishment has been interpreted by some justices to allow for the death penalty while others see it as unconstitutional
Negatives of the vagueness of the Constitution?
- vagueness of the Constitution allows justices to apply their own ideologies when ruling on a case /// liberal justices typically interpret the Constitution to achieve liberal outcome /// 8th amendment prohibition of cruel and unusual punishment has been interpreted by some justices to allow for the death penalty while others see it as unconstitutional /// Glossip v Gloss (2015) - in the ruling of this case some Supreme Court Justices said that capital punishment was unconstitutional - there could be significant conflict as a lack of clarity leads to strong dispute as each side claims that their view of the Constitution is more legitimate
What did some Supreme Court Justice’s decide after Glossip v Gloss (2015)
in the ruling of this case some Supreme Court Justices said that capital punishment was unconstitutional
What has only been used for the 21st amendment?
the ratification process of the amendment ratified by 3/4s of the state conventions
Which amendment was ratified by 3/4s of the state conventions?
the 21st amendment which was the repealing of prohibition
Where have all successful amendments been passed through and why?
the option of proposing an amendment by a national convention called by Congress at the request of 2/3s of state legislatures has never been used only the option of an amendment being proposed by a 2/3s vote of each house of Congress POR ESO all successful amendments thus far have been proposed by Congress
How is the amendment process an example of federalism?
because the federal government can’t restrict the power of states without state-level agreement
How many operating amendments have been passed in the last 200 years
15
When was the Constitution written?
1787
When was the Bill of Rights ratified?
1791
How many amendment proposal have there been by members of Congress?
11,000
How many amendment proposals has Congress accepted?
33
How many amendments have been ratified by the States?
27
How many proposals have been advanced on Congress for abolishing or altering the Electoral College?
more than 700
Examples of proposals passed by Congress that failed to receive sufficient state support?
THE EQUAL RIGHTS AMENDMENTS
It would have provided equality of rights by the federal or state governments on account of sex. At its peak the amendment got 35/38 states needed to pass the amendment, but 4 rescinded and it went down to 31. It failed to reach the required number of states in 1982.
+ THE DISTRICT OF COLOMBIA VOTING RIGHTS AMENDMENT
It would have given DC full representation in the United States Congress as if it were a state, at the moment they have no congressional representation in the House or in the Senate. DC would also be able to participate in the amendment process. It failed in 1985.
When did the District of Colombia voting rights amendment fail?
1985
How does DC have taxation without representation?
They have to pay federal income tax but they can’t vote to elect a member to Congress in the Senate or in the House
What did Phyllis Schlafly do?
she fought against the equal rights amendment and mobolised other women to do the same
Who fought against the equal rights amendment and mobolised other women to do the same?
Phyllis Schlafly
When did the Equal Rights Amendment fail to reach the required number of states?
1982
Examples of amendment proposals that did not receive a 2/3 majority in each chamber?
+ THE FLAG PROTECTION AMENDMENT
It would make it illegal to desecrate the US flag, a hotly disputed issue. Supreme Court in US v Eichman 1990 overturned the Flag Protection Act on the basis of 1st amendment freedom of expression rights. The constitutional amendment proposal was an attempt to overturn this. It successfully passed in the House six times up to 2006, but always failed to be voted on or gain enough votes to pass the Senate.
How many times did the Flag Protection Amendment pass the House of Representatives and up to when?
it successfully passed the House six times up to 2006
U.S. v. Eichman (1990)
it overturned the Flag Protection Act as the court preserved the right of individuals to burn the flag as a form of symbolic speech/expression /// protecting the 1st amendment right to freedom of expression
How does the Electoral college benefit smaller states?
it ensures that elections are won on a small margin regardless of the popular vote (e.g. with Al Gore v Bush & with Donald Trump v Hilary Clinton), therefore small states actually become significant# /// Trump won the 2016 election with the Electoral College votes by the 70,000 votes gained in the smaller states of Wisconsin, Philadelphia and Michigan
Protecting key principals of the political process as a positive of the formal amendment process
\+ IT PROTECTS KEY PRINCIPLES OF THE POLITICAL PROCESS - super-majorities ensure against a small majority being able to impose its will on a large minority /// The Equal Rights Amendment at its climax had 35/38 states necessary = 35 v 15 some political procedures are so important that it should be difficult to change e.g. separation of powers and election every 4 years /// There have been more than 700 proposals to amend the Electoral College but none have succeeded
Protecting states and upholding federalism as a positive of the formal amendments process
\+ IT PROTECTS STATES AND UPHOLDS FEDERALISM - the 10th amendment (reserved powers, the amendment process, equal state representation in the Senate and Electoral College), the amendment process has thwarted attempts to change these aspects /// e.g. more than 700 proposals have been put forward to amend or repeal the Electoral College but none of them have succeeded, the electoral college actually benefits the smaller states as elections are typically won on a small margin they become more significant /// Trump won the 2016 election with the Electoral College votes by the 70,000 votes gained in the smaller states of Wisconsin, Philadelphia and Michigan
Being difficult to remove outdated aspects as a negative of the formal amendment process
\+ IT IS DIFFICULT TO REMOVE OUTDATED ASPECTS- it makes it overly difficult for the Constitution to be amended thereby perpetuating what some see as outdated provisions /// The Electoral Process including The Electoral College is something that many people regard as irrelevant following the presidency of George W. Bush and Donald Trump who won it on the electoral vote and not the popular vote may have argued that it stifles democracy /// There have been over 700 attempts to amend the electoral college, there have been more proposals for Constitutional amendments on changing the Electoral College than on any other subject /// In 2016 Barbara Boxer a Senator of California introduced a bill to abolish the electoral college
Being difficult to incorporate new ideas as a negative of the formal amendments process
\+ IT IS DIFFICULT TO INCORPORATE NEW IDEAS - it is harder to initiate newer and more modern ideas as the requirement of a super-majority ensures that you need the support of more conservative states /// The Equal Rights amendments would have provided equality of rights by the federal or state government on account of sex. This was essentially thwarted by those with less modern views like Phyllis Schaffly who mobolised women against the amendment.
The amendment process being undemocratic as a negative of the formal amendment process
\+ THE AMENDMENT PROCESS IS UNDEMOCRATIC - as the will of the majority or even the supermajority can be stopped by a miniority, to block an amendment only 13 out of the 50 states have to oppose it /// The Equal Rights Amendment passed both houses in 1972, got 35/38 necessary states to ratify 70% of states. It was essentially thwarted by a minority of 3 states who didn't support it.
What issue has had proposals proposed on it for constitutional amendments the most?
The Electoral College
Negatives of the formal amendment process
\+ IT IS DIFFICULT TO REMOVE OUTDATED ASPECTS- it makes it overly difficult for the Constitution to be amended thereby perpetuating what some see as outdated provisions /// The Electoral Process including The Electoral College is something that many people regard as irrelevant following the presidency of George W. Bush and Donald Trump who won it on the electoral vote and not the popular vote may have argued that it stifles democracy /// There have been over 700 attempts to amend the electoral college, there have been more proposals for Constitutional amendments on changing the Electoral College than on any other subject /// In 2016 Barbara Boxer a Senator of California introduced a bill to abolish the electoral college
\+ IT IS DIFFICULT TO INCORPORATE NEW IDEAS - it is harder to initiate newer and more modern ideas as the requirement of a super-majority ensures that you need the support of more conservative states /// The Equal Rights amendments would have provided equality of rights by the federal or state government on account of sex. This was essentially thwarted by those with less modern views like Phyllis Schaffly who mobolised women against the amendment.
\+ THE AMENDMENT PROCESS IS UNDEMOCRATIC - as the will of the majority or even the supermajority can be stopped by a miniority, to block an amendment only 13 out of the 50 states have to oppose it /// The Equal Rights Amendment passed both houses in 1972, got 35/38 necessary states to ratify 70% of states. It was essentially thwarted by a minority of 3 states who didn't support it.
+ IT GIVES THE SUPREME COURT EXCESSIVE POWER - the difficulty of formal amendments enhances the power of the (unelected) Supreme Court to make informal interpretative amendments.
/// Obergefell v Hodges stated that gay marriage is a constitutional right but the criticism is that the founding fathers couldn’t have foreseen this
Entrenchment allows 9 unelected judges to have the final say on key issues of institutional power and human rights.
Rulings by the SC are extraordinarily difficult to overturn, rendering their word final
/// The Republican Party have been trying to overturn Roe v Wade since 1973 when in a 7-2 decision the SC decided that women in the US have a fundamental right to choose whether or not to have an abortion, effectively legalising abortion
Giving the Supreme Court excessive power as a negative of the formal amendment process
+ IT GIVES THE SUPREME COURT EXCESSIVE POWER - the difficulty of formal amendments enhances the power of the (unelected) Supreme Court to make informal interpretative amendments.
/// Obergefell v Hodges stated that gay marriage is a constitutional right but the criticism is that the founding fathers couldn’t have foreseen this
Entrenchment allows 9 unelected judges to have the final say on key issues of institutional power and human rights.
Rulings by the SC are extraordinarily difficult to overturn, rendering their word final
/// The Republican Party have been trying to overturn Roe v Wade since 1973 when in a 7-2 decision the SC decided that women in the US have a fundamental right to choose whether or not to have an abortion, effectively legalising abortion
Who most recently introduced a bill regarding the electoral college, who when and what?
+ Barbara Boxer
+ 2016
+ to abolish the electoral college
Positives of the formal constitutional amendment process?
\+ IT PROTECTS KEY PRINCIPLES OF THE POLITICAL PROCESS - super-majorities ensure against a small majority being able to impose its will on a large minority /// The Equal Rights Amendment at its climax had 35/38 states necessary = 35 v 15 some political procedures are so important that it should be difficult to change e.g. separation of powers and election every 4 years /// There have been more than 700 proposals to amend the Electoral College but none have succeeded
\+ IT PROTECTS STATES AND UPHOLDS FEDERALISM - the 10th amendment (reserved powers, the amendment process, equal state representation in the Senate and Electoral College), the amendment process has thwarted attempts to change these aspects /// e.g. more than 700 proposals have been put forward to amend or repeal the Electoral College but none of them have succeeded, the electoral college actually benefits the smaller states as elections are typically won on a small margin they become more significant /// Trump won the 2016 election with the Electoral College votes by the 70,000 votes gained in the smaller states of Wisconsin, Philadelphia and Michigan
\+ IT PREVENTS ABUSE OF POWER - an entrenched constitution stops individuals from one political party changing constitutional rules for their own benefit /// In 2006 President G.W. Bush requested the line-item veto power to be reinstated - it's the power of an executive to nullify or cancel specific provisions of a bill, usually a budget or appropriations bill, without vetoing the entire legislative package, essentially the president can withhold money - the move didn't pass Congress due for similar reasons as to why the Line-Veto Act was struck down by the Supreme Court in 1998 because it violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress.
\+ IT PREVENTS ILL-THOUGHT THROUGH AMENDMENTS - the amendment process ensures scrutiny as it involves several institutions and requires cross-party agreement, this prevent short term partisan or irrational thinking from entering the Constitution /// The 1933 proposal to limit wealth to $1 million cerca de $17 million
Preventing ill-thought through amendments as a positive of the formal amendment process
\+ IT PREVENTS ILL-THOUGHT THROUGH AMENDMENTS - the amendment process ensures scrutiny as it involves several institutions and requires cross-party agreement, this prevent short term partisan or irrational thinking from entering the Constitution /// The 1933 proposal to limit wealth to $1 million
Preventing abuse of power as a positive of the formal amendment process
\+ PREVENTING ABUSE OF POWER - an entrenched constitution stops individuals from one political party changing constitutional rules for their own benefit /// In 2006 President G.W. Bush requested the line-item veto power to be reinstated - it's the power of an executive to nullify or cancel specific provisions of a bill, usually a budget or appropriations bill, without vetoing the entire legislative package, essentially the president can withhold money - the move didn't pass Congress due for similar reasons as to why the Line-Veto Act was struck down by the Supreme Court in 1998 because it violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress.
What is the Presentment clause of the constitution?
outlines federal legislative procedure by which bills originating in Congress become federal law in the United States
Why was the Line Veto Act struck down and when?
+ 1998
+ because it violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress
What is a line veto?
it’s the power of an executive to nullify or cancel specific provisions of a bill, usually a budget or appropriations bill, without vetoing the entire legislative package, essentially the president can withhold money
How did Donald Trump win the election on the electoral college?
Trump won the 2016 election with the Electoral College votes by the 70,000 votes gained in the smaller states of Wisconsin, Philadelphia and Michigan
The Principles of the Constitution
\+ limited government \+ separation of powers \+ checks and balances \+ bipartisanship \+ federalism
Separation of powers: definition + explanation + example
DEFINITION
+ A theory of government whereby political power is distributed among the legislature, executive and the judiciary each acting both independently and interdependently
EXPLANATION
+ The inner working of each branch of government are not inherently dependent on each other, you can’t be a part of more than one branch of government
EXAMPLE
+ Obama had to resign his seat in the US senate when he was elected President of the United States
+ Jeff Sessions had to resign as state senator for Alabama when he became US Attorney General
Checks and Balances: definition + explanation + example
DEFINITION
+ The division of power between the 3 branches of government where each branch has a direct ability to prevent action from another branch
EXPLANATION
+ This ensures that no branch of government can be completely independent of another and constantly nor consistently override each other
+ Each branch needs to be somewhat appeased for legislation to be successful
EXAMPLE
+ Thomas Porteous was impeached for corruption in 2010 for corruption by Congress, he was a federal judge
+ In United States v Jones (2012) the government claimed the power to attach a GPS device to a suspected drug dealers car and monitor his movements without a warrant. All SC justices agreed that this violated the 4th Amendments and forbid its enactment.
United States v Jones (2012) =
In United States v Jones (2012) the government claimed the power to attach a GPS device to a suspected drug dealers car and monitor his movements without a warrant. All SC justices agreed that this violated the 4th Amendments and forbid its enactment.
What court case dealt with a violation of the 4th amendment?
In United States v Jones (2012) the government claimed the power to attach a GPS device to a suspected drug dealers car and monitor his movements without a warrant. All SC justices agreed that this violated the 4th Amendments and forbid its enactment.
What happened to Thomas Porteous and when and what was his position in politics?
He was impeached for corruption in 2010, he was a federal judge
Who was impeached for corruption in 2010 and what was his position in politics?
Thomas Porteous he was a federal judge
Federalism: definition + explanation + example
DEFINITION
+ A theory of government where political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction
EXPLANATION
+ The reserved, concurrent and federal government powers outline what the jurisdiction for the state and federal governments are. This protects the rights of the state but also ensure in strong government.
EXAMPLE
+ There are sanctuary cities which defy changes made by federal government with their cooperation with federal immigration enforcement agencies. California passes the state Senate Bill 54 prohibiting state and local law enforcement from using personnel or facilities to investigate or arrest for immigration purposes.
+ The federal government spent more than $100 billion in the recovery effort following Hurricane Katrina in 2005, this would have amounted to around 1/2 of Louisiana’s annual GDP
DEFINITION
+ A theory of government where political power is divided between a national government and state governments, each having their own areas of substantive jurisdiction
EXPLANATION
+ The reserved, concurrent and federal government powers outline what the jurisdiction for the state and federal governments are. This protects the rights of the state but also ensure in strong government.
EXAMPLE
+ There are sanctuary cities which defy changes made by federal government with their cooperation with federal immigration enforcement agencies. California passes the state Senate Bill 54 prohibiting state and local law enforcement from using personnel or facilities to investigate or arrest for immigration purposes.
+ The federal government spent more than $100 billion in the recovery effort following Hurricane Katrina in 2005, this would have amounted to around 1/2 of Louisiana’s annual GDP
+ it prohibits state and local law enforcement from using personnel or facilities to investigate or arrest for immigration purposes
+ and California passed it
Example of the legislative not approving a presidential appointment
The Senate did not approve of G.W. Bush’s nomination of Bernard Kerick to head the Department of Homeland Security in 2004. He wasn’t made the secretary even though it was G. W. Bush who created the department.
How is the legislative a check on the executive?
+ it can override a president veto
+ it can control appropriations
+ it can ratify treaties
+ it can declare war
+ it can impeach and remove Presidents from office
+ it can refuse presidential appointments
+ spending of the executive branch must first be approved by Congress in a budget
When was the last time that Congress declared war and after what?
+ War was declared last by Congress in 1941 after Pearl Harbour
How is the judiciary a check on the executive?
+ may rule that presidential actions are unconstitutional
+ judges appointed by President serve for life
Example of the judiciary being a check on the executive
The judiciary struck down the Line Veto Act because it violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress, essentially the President could withhold money and funding.
How is the executive a check on the legislative?
The president is the commander in chief who can
+ veto bills
+ recommend legislation
+ call special sessions of Congress
+ can add a signing statement to a piece of legislation
What is a special session of Congress and when was the last time that it was used and by who?
+ When Congress is called back to Washington after they have been dismissed to discuss/vote on something the President finds necessary
+ It was last used by Truman in 1948
How is the executive a check on the judiciary and example?
\+ President appoints judges to fill vacancies /// Donald Trump appointed Brett Kavanaugh and Neil Gorsuch \+ President can grant reprieves and pardons
Example of a pardon
Gerald Ford pardoned Richard Nixon from being prosecuted in the Watergate scandal
What is a reprieve?
postponement of the execution of a sentence, usually a death sentence for a guilty person to allow him some time to apply for a Presidential Pardon
How is the Judiciary a check on the legislative and give examples?
\+ interprets laws and may declare laws unconstitutional /// The judiciary struck down the Line Veto Act because it violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress, essentially the President could withhold money and funding. \+ it is hard to overturn SC decision /// Roe v Wade (1973) is something that Republicans have been trying to overturn ever since its decision to legalise abortion was made
How is the legislative a check on the judiciary and examples?
+ can refuse judicial appointments
/// Barack Obama’s appointment of Merrick Garland to fill Antonin Scalia’s seat was refused
+ has authority to impeach judges
/// they impeached federal judge Thomas Porteous for corruption
+ can create lower courts
+ can propose constitutional amendments to overrule SC decisions
What is done at the State of the Union Address
The President gives the Congress information of the state of the Union, the state of the USA, and recommends to their consideration measures that they judge necessary and expedient
How can Congress override a presidential veto?
2/3 vote in both houses
Example of Congress overriding a presidential veto and what was the ratio of Congress voting against it
George W.Bush vetoed the Medicare Act of 2008, however the HoR 383-41 and the Senate 70-26 voted to overturn the veto
How is the spending of the executive branch approved?
It is approved first by Congress in a budget
Example of the legislative checking the money being spent by the executive
The Foreign Assistance Act of 1974 cut all military funding for the government of South Vietnam effectively ending by force the Vietnam War
How does the impeachment process work?
A majority of the members of the House must vote for the charges in order to impeach the president and formally accuse the President. After the charges of misconduct are filed, the Senate has the power to try impeachment cases like a court. Two-thirds of the senators must vote for conviction.
Is the US cabinet a decision-making body
No
How many states are needed to be won in order to become President?
it is possible for a candidate to not get a single vote in 39 states but get the popular vote in just 11 key states like California and Texas
Does the US Constitution work well in the 21st century - YES
- Federalism
- Adaptability
- Protection of rights
US constitution working well - FEDERALISM
allows for a strong nation at the same time as allowing for representation of diverse interests at state level.
+ Sanctuary cities actively go against the will of the government
+ The federal government came to the aid of Louisiana following Hurricane Katrina, spending $100 million which would have been 1/2 the GDP of Louisiana
US constitution working well - ADAPTABILITY
the process of amending the Constitution and the practice of judicial review has allowed for adaptability.
+ With the 18th and 21st prohibition amendments there was a sense of self-correction shown to be possible
+ Emancipation of slaves 13th and 15th amendments
+ The interpretation, via judicial review, of the phrase ‘cruel and unusual punishment’ in the 8th amendments has prohibited some punishments altogether and to forbid other punishments that are disproportionate to the crime or to the competence of the offender
US constitution working well - PROTECTION OF RIGHTS
the first ten amendments to the Constitution make up the Bill of Rights. It is the job of the Supreme Court to apply and enforce the Bill of Rights.
+ A frequent criticism is that ‘War on terror’ in the 21st century was used as a pretext for overriding fundamental rights
+ Rulings such as Boumediene v Bush (2008) and Hamdam v Rumsfeld (2006) show that in exceptional times the Constitution provides protection of fundamental rights
/// the Supreme Court had ruled for the first time that Guantánamo detainees were entitled to submit habeas corpus petitions directly to federal judges in Washington to determine whether the U.S. government had enough evidence to justify their continued open-ended detention without charge
In what part of the Constitution is there equal representation of the states?
EQUAL REPRESENTATION OF THE STATES IN THE SENATE - Article 1 Section 3 was written to protect the voices of the smallest states at the time
Where in the Constitution is war-making powers?
Article 1 Section 8
Does the US Constitution work well in the 21st century - NO
EQUAL REPRESENTATION OF THE STATES IN THE SENATE - Article 1 Section 3 was written to protect the voices of the smallest states at the time
+ The largest of the 13 states at the time the Constitution was written was Virginia with a population of <700,000 cerca de 12x larger than the state with the smallest population Delaware with <60,000
+ Now California has a population 68x larger than Wyoming
+ The smallest 25 states contain just 16.2% of the population
Often bills are passed and nominations confirmed by the Senate with the votes of senators who represent well under 1/2 of the population.
As the disparity between the largest and smallest states has grown the provision of equal representation in the Senate becomes more difficult to defend
WAR-MAKING POWERS - Article 1 Section 8 grants the power to declare war to Congress
+ The last time Congress declared war was in 1941 after Pearl Harbour and yet most post WWII presidents have used US troops abroad in war-like situations in Korea, Vietnam, Cambodia, Iraq and Afghanistan
Vagueness of Constitution is benefitial
- Has enabled protection of rights in the Supreme Court
- President can quickly respond to issues as commander-in-chief
How does vagueness of constitution enable the protection of rights in SC
o 14th amendment introduced to address racial discrimination (Black people recently emancipated from slavery) confirming the rights and privileges of citizenship and, for the first time, guaranteed all Americans equal protection under the laws. Writers of the law had black Americans in mind, but it has protected civil liberties for many in a variety of ways:
Birthright: United States v Wong Kim Ark in 1898 affirmed that children born on US soil are US citizens regardless of their parent’s status. Trump has called for bringing birthright citizenship to an end.
Segregation: Brown v Board in 1954 ruled that the doctrine of ‘separate but equal’ had no place, and ruled state sanctioned public school segregation illegal.
Marriage: Loving v Virginia in 1967 showed that miscegenation laws banning interracial marriages violated the 14th Amendment, and more recently, Obergefell v Hodges in 2015 challenged Ohio’s ban on same-sex marriage and ensured that the 14th Amendment protected
How does vagueness of constitution enable the protection of rights in SC
o Just like one could suggest it is good for the SC to have greater power through vagueness in the protection of rights, one could equally suggest that Presidential power to declare war is good as it bypasses bureaucratic Congressional issues that would limit effectiveness and swiftness of response. Strong leader needed for effective action? Like, for example, Clinton ‘Operation to Uphold Democracy’ to reinstate president of Haiti after a military coup (1994).
