USA Miss Bullock Flashcards
What is the US constitution?
The constitution was drawn up and ratified by the 13 colonies between 1787 and 1790 as a result of the American War of Independence which was fought against the British. As a result of its inception it is a key part of the American identity.
It has three features:
- It is codified
- It is a blend of specificity and vagueness
- It is entrenched
What was the Bill of Rights?
Made the first 10 amendments. Focused on protecting the power of the states against federal government. The main rights it put forward were the:
- freedom of expression and religion
- Right to bear arms
- Rights of states to have reserved powers
How many amendments did the constitution have and what does this show?
The constitution only had 25 amendments, this could suggest that the original constitution fulfils a purpose. It may also suggest that the constitution is just too difficult to change and adapt to society.
Why did the founding fathers want a codified constitution?
In order to prevent the constitution from being changed too easily by a single institution or political party. They understood that the constitution would need to have an amendment process- this is outlined in article V.
What are enumerated powers, and who has them?
Enumerated powers are powers that are explicitly stated.
The president has the enumerated powers of being the head of the executive branch, proposing legislation and granting pardons.
Th Courts have the powers to rule on cases arising under the constitution, the laws of the US or treaties.
What is the elastic clause?
Article 1 section 8, as it states that congress has the power to make laws which shall be necessary- this allows congress to stretch its powers in accordance with society.
- This could be seen to be an advantage as it has allowed the constitution to last a long time as it can be adapted.
- it could fail to regulate the authority.
- May lead to the SC becoming too powerful- individual ideologies will rule the cases rather than a consistent idea.
- could lead to strong disputes about which view is more legitimate.
The US Constitution
- Only 27 amendments out of 11,000 have been accepted.
- For an amendment to be proposed it needs to receive a 2/3 vote of approval in both houses, or a 2/3 request from state legislatures to call a national convention.
- The constitution is static- nothing has been passed since 1992.
Disadvantages of the formal process
- It is difficult to remove outdated aspects- E.g. The Right to Bear arms- many issues have arisen due to the right- mass shootings
- It is difficult to incorporate new ideas- a large consensus for women’s right’s however the Equal Rights amendment has failed to be implemented.
- The amendment process is undemocratic- Only 13/50 states have to oppose it to block an amendment being put in place.
- The Supreme Court have excessive power- Allows 9 unelected judges to have the final say on key issues of institutional power and human rights E.G Overturning of Roe V Wade
Advantages of the formal process
- it protects key principles of political processes- basic democratic ideas like elections every 4 years are hard to change.
- Protects states and upholds federalism- smaller states receive equal representation in the Senate and Electoral College- proposals to undermine state power have failed.
- Prevents abuse of power-Stops one individual changing constitutional rules for their own belief- requires bipartisan support to change.
- Prevents ill-thought-through amendments- Involves several institutions and requires cross party agreements- prevents irrational thinking.
What are the 5 key principles of the constitution
- Federalism
- Separation of powers
- Checks and Balances
- Bipartisanship
- Limited Government
What is federalism?
A system in which sovereignty is shared between central government and individual states, which each have their own specific rights. There is a power divide between the central and regional governments. Federalism has grown as a response to the economic crisis and increase in demand for civil-rights. States are increasingly being controlled by federal institutions, yet the constitution has barely changed.
What is the separation of powers?
Complete division of a system of government into the branches of executive, legislature and judiciary. No one is allowed to be in multiple branches, this is to prevent one institution or politician from dominating the system. It allows the preservation of the liberty of individuals in society.
What are checks and balances?
Each branch of government has exclusive power, limiting the ability of other branches to operate in an unrestrained manner. This ensures not one institution is more dominant. Founding fathers provided congress significant checks allowing them to restrain the president.
What is bipartisanship?
this attempts to ensure that the two main parties work together in order to fulfil congressional functions. The division of powers between the president, house and senate means that parties need to co-operate in order to govern the country. With parties becoming more polarised there is less scope for compromise and congress has been less able to legislate, leading to weak government- current constitutional arrangements no longer suitable?
What is a limited government?
The role of government is limited by checks and balances, and separation of powers, it acts as a bulwark against corruption. Limited government means the federal government is subjected to limitations, so it cannot impose its policy on the state and citizens. The Bill of Rights limits the government to restrict the rights of individuals, or states.
What are the three types of conflicting laws?
- When a state allows more civil rights to a person than the federal law- the state prevails. E.g. Same sex marriage- if federal law doesn’t recognise it, you are legally allowed to do it in the state that does.
- When a state law imposes certain responsibility rules, the federal law has no jurisdiction over, then state law must be followed.
- When a state law and federal law are in total conflict over certain issues, the federal law is stronger- E.G recreational drugs like marijuana being legalised in states.
Marijuana case study
- When marijuana was legalized in California, the federal government claimed it was federal responsibility. The case of Gonzales V Raich 2005 suggested that under the interstate commerce clause the federal government could regulate California, as the legalisation of drugs would impact the supply across the US. Congress has not acted on this.
Gun control Case Study
McDonald V Chicago-ruled that the right to keep and bare arms applies to state and local governments as well as federal governments. Chicago banned possession of handguns and other arms except rifles or shotguns in one’s home or business- the SC suggested the law violated the rights of individuals to possess weapons.
How far does the constitution impact on the US government today- Positives
- Frequent elections, short terms for the house and separation of powers- highly representative
- Checks and balances ensures that the branches work together- prevents tyranny
- Powerful SC and constitutional rights- protection of civil rights
- Amendment process prevents politicians being elitist.
How far does the constitution impact on the US government today- Negative
- Electoral college can produce a government that doesn’t reflect wishes of majority.
- Policy-making is difficult- ineffective governments and gridlock.
- SC power prevents government from carrying out policy- ineffective government.
- Amendment process prevents necessary changes- lack of responsiveness to modern society.
Is the US still federal?
- States have great deal of control over health education, law and order and economic policy- states set own sales tax- Montana have no sales tax- California have 7.5%
- States have huge policy control- protected by the constitution- Legalisation of marijuana in some states.
- Federal government still have ability to take control of any policy areas, can control states through controlling national policies E.g. Clean Air Act, Affordable Care Act.
Transgender case study
- Conflicting views surrounding transgender bathroom laws- California restricted transgender individuals from using bathroom of adopted gender, New York took opposite approach. Evidence of federalism in action through diversity of state laws.
How is congress structured?
Bicameral legislature with two equal legislative bodies. the House of representatives awards political representation to states in proportion of their population. Senate there are two senators per state regardless of size.
Each chamber is equal.
Each chamber is elected
Elections are seen to be more rigid and happen often.
What powers do congress have?
- Legislate- all legislative powers are vested in congress, they have the power to overturn presidential veto with a 2/3 majority.
- Representation- represents society, ability for senate to be elected changed in the 17th amendment.
- Amend- Shares this role with the states. A 2/3 majority is needed in each chamber.
- Declare war- constitutional ambiguity means president can also claim this right.
What are the House of Representatives exclusive powers?
- Impeachment- can bring formal charges against a public official, as there is believed to be sufficient evidence of “treason, bribery, other high crimes and misdemeanours”.
- Elect the president if no candidate has over 50% of Electoral college votes, due to only two parties being serious contestants it is possibly for there to be an equal split- not happened since 1800’s.
- Begin the consideration of all the money bills- all revenue-raising bills must pass through the House first. This power not significant anymore as decisions have to be accepted by the senate which can amend or reject the houses decision.
What are the senate’s exclusive powers?
- They try impeachment cases- a 2/3 vote in senate required to remove someone from office.
- Elect the Vice president if no candidate has over 50% of ECV- rarely been used.
- Ratify Treaties- all treaties negotiated by the president are subjected to confirmation by the senate which requires a 2/3 vote. Last senate rejection in 2012, of an Obama backed treaty on disabled rights- only 61 senators supported. This power has been eroded through use of executive agreements.
- Confirm executive appointments- cabinet members, some EXOP and all federal judges are scrutinised through senate committee hearings, the senate have the right to confirm a presidential nomination by a 50% vote- level of scrutiny depends on nature of party control of presidency and the senate.
What are the main functions of Congress?
- Representation
- Legislative
- Oversight
How does congress carry out the function of representation- Congressional elections?
- The frequency of elections means voices are heard every two years- high levels of representation.
How does congress carry out the function of representation- Midterm elections?
Effectively a referendum on the first two years of a presidential term- results can have a major impact on presidential power, as party can loose majority in either chamber.
E.G Obama 2014- Republicans gain seats and take majority from Democrats, further decline occurs as the republican take control of both chambers- Obama struggles to enact policies without executive orders
How does congress carry out the function of representation- Incumbency?
Notable features of congressional elections is that incumbent typically wins their seat again in the next election. In 2016 incumbency re-election rates were 97% in the house and 90% in senate. There are several factors responsible for high incumbency re-election rates:
- Use of office- can use their place in office to establish popularity and attract major donors.
- Safe seats and Gerrymandering- winner-takes-all-system establishes a system with a expected safe seats. gerrymandering draws electoral boundaries to favourable social groups.
CASE STUDY- Operation REDMAP- after Obama’s election, Republican tacticians developed a plan to target Democrat states and changed the constituency boundaries to maximise Republican success.
- Pork-barrel legislation- a member of congress proposes an amendment to legislation that will bring benefits to a particular group.
How does public opinion/constituency affect voting behaviour within Congress?
The representative must take public opinion into account, or run the risk of being voted out of office. Congresspersons and Senators are subjected to frequent elections, which provide public accountability due to threat of removal. People are more likely to vote for certain candidates based on individual policies rather than because of their party label- politicians in the House and Senate held more accountable.
E.g. 2009- several democrats dropped support for Obama’s affordable care act after meeting with constituents and rising opposition of bill.
How does the party/ party leader affect voting behaviour within Congress?
Being a member of a party encourages politicians to vote together. Party leaders have a limited use of patronage power with promises of committee chairmanships or memberships induce politicians to vote a certain way.
E.G in 2009 no republican voted for Obamas stimulus budget- arguably due to partisanship- the local opinion led 11 democrats to vote against Obama.
How do caucuses affect voting behaviour within Congress?
- Many factions within congress, often called congressional caucuses, groups often vote together on legislative issues. Some are based on ideology, others social characteristics and others economic interests.
E.g. Black caucus- made up of 40 members, mainly democratic.
How do interests groups/ professional lobbyists affect voting behaviour within Congress?
Can influence voting through means including donations, which may encourage senators to vote for policies that favour that group. Some interests groups like AFL-CIO have large active memberships so members can mobilise and create a threat of removal of members within congress.
Obama unable to limit guns after 2012 Newton shooting due to pressure from NRA.
Politicians may be influenced by professional lobbyists and big businesses- once members of congress leave they can command higher salaries from those organisations.
