US Government Flashcards
What amendment was repealed?
18th amendment - Prohibition
Name an example of an interpretive amendment through judicial review
Roe v. Wade 1973 legalised abortion
What is needed to approve an amendment
2/3 approval in proposal, as well as 3/4 of states in ratification
Name an example of ‘dead-hand control’ in the constitution
2nd Amendment - guns - have become more advanced
Name 3 examples of hyperpartisanship affecting the effectiveness of checks and balances
Gridlock (2018 federal gov. shutdown over wall funding)
Ketanji Brown Jackson poorly treated
Trump 2020 impeachment trial for obstruction of Congress was nearly fully along party lines
Name a modern case that questions whether original intent can be applied to modern day issues
Carpenter v. US (2018) - searching phone records violates 4th Amendment
Name 3 examples of federal government weakening state powers
Obama medicaid: states forced to participate or lose funding
Education ‘race to the top’
Increased international role
Name 2 examples of federalism not being eroded
Varied state response to COVID
SC ruled if a state chooses not to participate in the Medicaid expansion, the federal government
cannot take away existing Medicaid funds.
Name an example of ratification of an international treaty and ratification being rejected
Ratification: 2010 New START treaty with Russia
Rejection: UN 2012 Convention on the rights of persons with disabilities rejected, Treaty of Versailles
Name an example of Congress using their power of investigation
In January 2021 the House Committee on Oversight and Reform requested information regarding the purchase of $70 million worth of potentially ineffective ventilators, to investigate potential fraud
Name an example of a supreme court nomination being confirmed, and one being rejected
Confirmed: Amy Coney Barratt
Rejected: Merrick Garland
Name an example showing that Congress’ power of impeachment isn’t effective
Trump impeached twice but not removed or disqualified from running from office again, popularity peaked after 1st impeachment
Usually along party lines
What % of bills introduced were actually inacted in the 2017-18 period, and what does this say about the legislative process?
3.3%
Shows there is a ‘legislative labryinth’ - very complex
Name 2 examples of filibusters
June 2016: two senators spoke for 15hrs to press for tighter gun control
Republicans prevented 2021 Freedom to Vote act from getting to floor for debate
Name an example of a President signing bills into law
Obama Affordable Care Act
Name an example of a Pres. veto being rejected
Obama - Justice against sponsors of terrorism act
Name an example of emergency powers being used by president to bypass power of the purse
trump declared emergency for mexico wall
Name a recent act passed that shows a decrease in partisanship in times of crisis
COVID CARES act - financial stimulus
Name 2 examples of caucuses in Congress
Problem solvers’ caucus - set up to promote bipartisanship
House Freedom caucus - tea-party movement, very right wing
Name an example of pork-barrel politics
2015 aid bill to help with Hurricane Sandy gave aid to Alaska, depsite hitting the East coast
How many amendments have been proposed, and how many have been enacted?
Over 11000 proposed, 27 enacted
Where are enumerated Presidential powers granted?
In Article 2 of the constitution
Name 3 examples of Congress checking Presidential power
Rejecting treaties - UN Convention on the Rights of Disabled Persons 2012
Obama nomination of Garland to SC rejected
Obama veto overriden
How many vetoes did Obama use, and which one was overridden and when?
12, Justice Against Sponsors of Terrorism Act 2016
What did Biden sending troops to the Ukrainian border show? (2)
Commander-in-chief
Executive departments working to achieve President’s objective (department of Defence)
Name a person Trump pardoned, and when
2021 - pardoned former advisor Steve Bannon who was charged with fundraising fraud
Name an example of Biden using his informal powers
Attending G7 in Cornwall - world leader
Speech on anniversary of Capitol riots - setting agenda
Name an example of an executive order that was overriden, and who created and overrode it
Paris Agreement: Obama/Trump
Name an example of divided government making it harder for the President to pass legislation
Obama after sandy hook - assault weapons ban failed to pass
Name an example of Congress exercising it’s power of the purse, and what this led to
Withheld emergency funding for Trump’s wall, led to gov. shutdown
Name an example of Obama’s power waxing and then waning (3)
In 2010 passed Affordable Care Act
Resorted to executive orders e.g Libya in last 2 terms
Merrick Garland nomination rejected
What act limits the President’s power as commander-in-chief, increasing the imperilled presidency theory?
War Powers Act 1973
Give 2 examples of the President interacting with other institutions
Obama: increased no. of federal employees by 8%
Trump: disbanded Pandemic response office in 2018
Name an example of a recent SC ruling, influenced by the current 6:3 conservative:liberal balance
2022 ruling rejected new Wisconson districts, preventing reform of gerrymandering
Name an amendment that has overruled an SC case, and the case it overruled
26th Amendment - overruled Oregon v. Mitchell which ruled Congress couldn’t lower voting age for state and local elections
Name an example of SC acting as guardian of constitution, and which case established this
Clinton v. New York said that it was unconstitutional for a President to veto parts of bills.
Marbury v. Madison 1803
Name 3 examples of the SC acting as a guardian of citizens’ rights, their date, and which amendment they all violated
Obergefell v. Hodges 2015
Brown v. Board 1954
Roe v. Wade 1973
14th Amendment
Name a case where the SC has protected 1st Amendment rights, and what this was
Burwell v. Hobby Lobby Stores 2014, Freedom of religion, abortion healthcare
Name a ruling where the SC has protected the 2nd amendment rights and what this involved
District of Colombia v. Heller, is it constitutional to ban certain guns in the home, no as it violates 2nd amendment
Name 4 examples of the Court becoming increasingly politicised
Quasi-legislative effect e.g Roe v. Wade
Rule on key election issues e.g abortion, civil rights, gun control
Bush v. Gore: court decided election
Nomination + confirmation is v. partisan e.g Amy Coney Barratt
Name 3 examples of the US SC being less politicised
Cannot be a member of a party
Judges shift lean e.g Roberts and June Medical Services v. Russo (found a law restricting abortions was unconstitutional)
Rulings not approved by another branch (e.g in contrast to Congress)
Name an example of a judge avoiding impeachment
Abe Fortas resigned in 1969 after threats of impeachment due to financial misconduct
Name an example of other branches impacting the influence of SC rulings
‘Chipping away’ at Roe v. Wade: Gonzalez v. Carhart 2007 - upheld ban on late stage abortion
What did Planned Parenthood v. Casey 1992 rule?
States could regulate abortion in early stages, so long as it wasn’t an ‘undue burden’
What did Whole Women’s Health v. Hellerstedt (2016) rule?
Delcared 2 Texas laws restricting abortion access unconstitutional
How has Roe v. Wade been ‘chipped away’ under Trump’s conservative court?
Roe V Wade Overturned in Dobbs v Jackson Women’s Health Organisation
Name an example of Congress using its Investigation power of during oversight
Jan 2021 investigation into fraudulent COVID@19 ventilator purchses
Name an example of Congress using its Confirmation power of during oversight
2020 approved Amy Coney Barratt, 2016 rejected Merrick Garland
Name an example of Congress using its Impeachment power of during oversight
2020 + 2021 Trump
Name an example of Congress using its Ratification power of during oversight
2012 Convention on the rights of persons with disabilities not ratified
