US POL Flashcards
Principles of the constitution:
Separation of powers - Gov powers divided between 3 branches, Article 1,2&3
Checks and balances - Each branch can exercise control over the other
Bipartisanship - Political parties working together, ⅔ requirement for amendment
Limited government - Enumeration of powers limits power
Federalism - Sharing of power, reserved, marriage, guns
Constitution is fit for purpose:
Vagueness allows open interpretation by non partisan judges SC
Change is still possible through the amendment process, 1913 elected senate
Rights remain protected, even when controversial, right to bear arms following shootings
Bipartisanship and checks and balances still work as effective scrutiny (Veto override obama 2016 sue saudi )
Constitution unfit for purpose:
SC judges grants too much power to unelected Justices (Obama’s EO DAPA struck down)
The amendment process has prohibited necessary change (2nd amendment still in place following shootings)
States rights and powers are constantly eroded (Obamacare superiority over state healthcare)
Presidential checks aren’t sufficient, mostly due to EA. (Obama’s Iran deal with almost no congressional input)
Federalism valid:
Each state has autonomy over a wide variety of laws. (Marijuana legal in some states)
Electoral systems can be experimented with
States become policy labs
State courts remain importatnt as the SC will not review some cases (2017 case on sexual discrimination)
Federalism invalid:
Growth of federalism erodes states reserved powers (Kentucky marriage clerk imprisoned not cert SSM)
The Elec Col and House of Reps bias certain large states (CA worth 55 EC Votes where some states worth 3)
Only the federal government has the resources to deal with market crashes and natural disasters (Hurricanes 200B damage)
SC has ruled in favour of federal government (NFIB V Sebelius)
Congress can effectively scrutinise exec:
Senate select committee investigations (torture of suspected 2001 terrorists)
Appointment ratifying - Trumps Brett Talley lifetime nomination blocked, no cases tried
Able to force report release from white house on trumps ukraine aid bribe
⅔ majority can overrule presidential veto
Impeachments can occur, seen with trump twice, makes them weak
Power of the purse vietnam war funding cut, obama gitmo cut
Congress can’t effectively scrutinise exec:
Committee hearings are politicised and cannot bring charges - Clinton Benghazi called 8 times in an effort to damage reputation in election run up
Recess appointments are used - Bush did 170, promotes imperialism,
Executive action circumvents congress entirely - Trumps declaration of emergency for 8B funding wall
Congress representation good:
House of represntation better represents states (Cali 52 seats, vermont 1)
2009 17% women, 2019 21%
2009 8% African American 2019 9.5%
2009 5% Hispanic 2019 8.6%
Congress representation bad:
23% women falls hugely short of 51% of country
9.5% African American still short of 14% of country
8.6% Hispanic still short of 16.3%
Senate significantly behind Reps
Gerrymandering
Congress legislation good:
High level of scrutiny -
Protects states rights
Prevents tyranny of majority
Bipartisanship is mostly required - Infrastrucrture bill
Congress legislation bad: 4
Incredibly slow, most admins less than 3% of legislation passed
Hastert rule - repub only forward their own party legeslation
Filibuster limits output and politicises
Leads to gridlock and eventual government shutdown (Trumps border wall shutdown)
President dominates foreign policy:
Has the ability to receive ambassadors, recognising a country
Executive agreements
Commander of the armed forces
Trump 2018 syrian airstrikes
Trumps steel tariffs override congresses supposed enumerated powers to lay and collect tax
President does not dominate foreign policy:
Congress’s War Powers Resolution, pres must notify congress within 48 hours of action, cong then authorises, declares war or orders withdrawal within 60 days
COngress in 2018 used War Powers Resolution to withdraw from yemen
Congress has power of the purse as seen in vietnam war to force scaling back.
Supreme court is politicised:
Nominations are done on political grounds. (Barrett 55-45 despite being “highly qualified”, trump “Obama Judge”)
Party voting and partisanship. (Az voting prevention measures 6-3, in roberts court 22% of cases were devised 5-4)
The court is often ruling on the action of an elected branch
Supreme court is not politicised:
The behaviour of judges is not predictable and can vote how they want (Justice Kennedy in as conservative, now swing justice)
The majority of the cases are unanimous (2016 57%)
Judges are limited by precedent that may conflict their views. (Texas v Johnson struck down flag burning ban. Kennedy believed otherwise but upheld 1st amd)
The court can only act on cases brought to it
