1.2 Key features of the US Constitution Flashcards
1
Q
4
Describe Federalism
A
- System of ‘shared sovereignty’
- Federal and state governments have their own areas of powers
- Ensures that states’ rights are entrenched to account for differing cultures
- Limits both federal and state government
2
Q
4
Where can federalism be seen in the constitution
A
- 10th amendment protects states’ rights
- Role of SC as arbiter between state and federal government
- Need for state approval in amendment process
- Equal representation of states in Senate
3
Q
3
Describe an example of federalism working today
A
- Article I provides states the power to control how elections are ran
- 2021, 19 states passed laws to restrict voting laws
- 25 states passed laws to expand voting rights
4
Q
3
Describe an example of federalism failing today
A
- Obergefell v Hodges (2015) effectively legalised same-sex marriage in all states
- This is despite 13 states ruling it illegal prior to the ruling
- SC rulings overly binding
5
Q
4
Describe the separation of powers in the US constitution
A
- Division of power between 3 branches of government
- Each hold one article in Constitution
- Power exercised independently by each branch
- ‘inelligibility clause’
6
Q
3
Describe the ‘inelligibility clause’
A
- Found in Article 1
- Forbids a person holding office in more than one branch at a time
- Prevents any one individual from gaining too much power
7
Q
1
Describe an example of the separation of powers working today
A
- 2021, Kamala Harris gave up CA senate seat to take up VP role
8
Q
2
Describe an example of the separation of powers not working today
A
- Paris Agreement of Climate change has not been put before Senate despite important consequences
- Climate policy largely left up to Presidents
9
Q
4
Describe checks and balances
A
- The power of one branch of government to directly prevent the action of another
- All branches can do this
- Enforces limited government
- In practice, there are few ‘separate’ powers that can be exercised independently
10
Q
1
Where are checks and balances found in the US Constitution
A
- Enumerated powers of each branch outlined in Article 1, 2, 3
11
Q
7
List the checks by Congress on the President
A
- Write legislation
- Veto override
- Power of the purse
- Declare War
- Impeachment of President
- Ratify treaties (Senate only)
- Ratify appointments (Senate only)
12
Q
2
Describe Congress writing legislation (Congress checks President)
A
- President’s State of Union Address outlines legislative agenda
- Congress can amend, delay or reject legislation proposed by the President
13
Q
1
Give an example of how Congress checks the President by writing legislation
A
- Congress continually refused to fund Trump’s plans for a border wall
14
Q
2
Describe veto override (Congress checks President)
A
- Congress can override presidential veto by 2/3 supermajority in both houses
- Supermajority difficult to achieve due to large bipartisan support required
15
Q
2
Give examples of veto override
A
- Obama’s final veto of the Justice Against Sponsors of Terorism Act 2016 overridden - allowed continuation of longstanding civil lawsuit by families of 9/11 victims against Saudi government
- Trump’s veto on National Defence Authorisation Act (regarding defence budget) overriden with 81-13 majority in Senate
16
Q
3
Describe the power of the purse (Congress checks President)
A
- Congress has sole right to raise taxes and spend
- Prevents President spending without consent of elected representatives
- ‘appropriation bills’
17
Q
2
Give an example of power of the purse
A
- Trump proposed cutting Environemntal Protection Agency (EPA) budget by 1/3
- House Republicans proposed cutting budget by only 6%, despite being of same party
18
Q
3
Describe ‘appropriation bills’
A
- bills dealing with tax and spending should originate in the House (Article 1)
- Failure to pass appropriation bills can lead to government shutdowns
- Consolidated Appropriations Act 2022, $1.5trn package with significant spending by Ukraine, passed with hours until deadline
19
Q
1
Describe a limit to appropriation bills
A
- Senate holds right to amend and must approve these bills
20
Q
4
Describe the declaration of war (Congress checks President)
A
- Congress the only branch that can declare war on another nation
- Less relevant today - war not declared
- Congress is now asked to authorise use of troops through AUMFs
- AUMF following 9/11 used by every subsequent president until 2021 repeal
AUMF - Authorisation for Use of Military Force
21
Q
3
Describe impeachment powers (Congress checks President)
A
- House brings forward charges of impeachment against individual
- Simple majority required in House
- Formal trial in Senate and 2/3 supermajority needed for removal
22
Q
2
Describe the ratification of treaties (Congress checks President)
A
- Treaties require 2/3 majority in Senate for ratification
- Senate may choose to not vote on a treaty
23
Q
1
Give an example of the Senate ratifying a treaty
A
- START (Strategic Arms Reduction Treaty) 2010 passed Senate by 71-26
24
Q
2
Describe the ratification of appointments (Congress checks President)
A
- Applies to most Presidential appointments: federal courts, federal government departments, ambassadors
- Senate can shape nominations through its advice
25
# 2
Give examples of the Senate approving/rejecting cabinet appointments
* Biden withdrew nomination of Neera Tanden for director of Budget Office after past tweets caused bipartisan opposition
* Trump's education secretary nomination, Betsy DeVos, secured approval due to tie-breaking vote of Mike Pence following 50-50 tie
26
# 4
List the checks by Congress on the SC
* Impeachment of justices
* Propose a contitutional amendment
* Creation of lower courts
* Ratify juidicial appointments (Senate only)
27
# 3
Describe the impeachment of judges (Congress checks SC)
* Same process as impeaching President
* Only one SC judge has other been impeached (in 1805)
* Federal court judges can be impeached e.g. Thomas Porteus (District Court) found guilty of bribery and making false statements in 2010
28
# 1
Describe the proposal of a constitutional amendment (Congress checks SC)
* Can effectively overturn SC 'unconstitutional' ruling
29
# 3
Describe the creation of lower courts (Congress checks SC)
* Congress has power to create lower courts
* Holds power to regulate SC's role in hearing appeals from lower courts
* At its extreme is known as 'jurisdiction stripping' wherby Congress regulates what cases SC actually hears for political purposes
30
# 2
Give an example of jurisdiction stripping
* Military Commissions Act 2006 aimed to remove SC the power to hear cases from Guantanmo Bay detainees
* SC deemed Act unconstitutional in *Bourmediene v Bush*
31
# 2
Describe the ratification of judicial appointments (Congress checks SC)
* Senate can approve/shape presidential nomination to SC
* President will choose member that reflects personal ideology - leads to huge impact on SC
32
# 3
Describe the case of Merrick Garland
* Obama nominated moderate liberal Merrick Garland in 2016 to fill vacant SC seat
* Senate did not ratify appointment and blocked his hearings at Senate Judiciary Committee
* Seat vacant until Trump conservative candidate Neil Gorsuch approved in 2017
33
# 3
List the checks by the President on Congress
* Suggest legislation
* Sign/veto legislation
* Commander in Chief of Armed Forces
34
# 5
Describe the Presidential suggestion of legislation (President checks Congress)
* President directly elected (Elec College nonwithstanding) with highest turnouts - most legitimacy
* Campaign on policy platform
* President has no direct legislative powers
* President has right to address Congress at State of Union to suggest legilsative programme
* e.g. Biden: Build Back Better Act 2021 - $3.5trn package for climate change and social policy
35
# 3
Describe the signing and veto of legislation (President checks Congress)
* Trump used veto 10 times, Obama 12 times
* Threat of veto can force Congress to amend/drop bill
* 75% of veto threats by Bush and Obama led to threatened legislation not passing
36
# 4
Describe the Commander in Chief (President checks Congress)
* Congress has sole power to declare war
* But president decides stationing and movement of troops and use of military weapons
* 2020, Trump ordered air strike on Baghdad Airport to assasinate Qasem Soleimani without congressional approval
* Yet President may garner congressional approval to give legitimacy to actions (e.g. Obama - AUMF Syria)
37
# 2
List the checks by the President on SC
* power of pardon
* nomination of judicial appointments
38
# 3
Describe the power of pardon (President checks SC)
* President can excuse individual for federal crime
* e.g. 2017, Obama commuted (reduce) sentence of Chelsea Manning who had served 7 years for stealing state secrets
* e.g. 2021, Trump commuted sentence of Steve Bannon, a key advisor to 2016 campaign
39
# 1
Describe the nomination of judicial appointments (President checks SC)
* President shapes SC through nominations
40
# 1
List the checks by the SC
* Judicial review
41
# 3
Describe judicial review (SC checks Congress/President)
* SC can declare both Congress/Presidential actions unconstitutional
* Nulifies actions/legislation
* *Boumediene v Bush* (2008)
42
# 3
Describe Boumediene v Bush (2008)
* Ruled Military Commissions Act unconstitutional
* Allowed Guantanamo Bay detainees to challenge detention in US Courts
* Effectively checked President and Congress at once
43
# 3 - (4) (3) (3)
Describe the argument that checks and balances are effective
* **Enables separation of powers**
* ultimate check of judicial review after Congress and Presidential stages
* e.g. Boumediene v Bush (2008)
* prevents effective dictatorship, esp when one party controls both branches
* ensures no branch holds disproportionate power
* **Ensures broad support**
* extensive checks through committee system
* Over 90% of bills ‘die’ in the committee stage
* bipartisanship and compromise needed to advance bill
* **Improves policy delivery**
* President has to work with Congress to pass legislation (e.g. Obama/Trump on healthcare)
* policy design has input from various sources
* prevents President passing populist legislation to win electoral support
44
# 3 - (2) (3) (4)
Describe the argument that checks and balances are not effective
* **Fail to ensure separation of powers**
* partisanship over signifcant issues (e.g. abortion)
* SC becomes quasi-political
* **Checks and balances cease when one party is in power**
* e.g. Democrats - Obamacare
* limited checks by Congress
* one party will dominate committee system
* **Criticism of policy delivery**
* liberals argue too many checks and balances leads to gridlock
* hard to update legislation e.g. gun laws
* conservatives argue limited checks and balances leads to expansion of federal govt
* comes at expense of SC/Congress e.g. Build Back Better
45
# 2
Describe bipartisanship
* Election cycle and appts for each branch make it diifcult for one party to simultaneously control all branches
* Some powers of Congress and amendment process require supermajorities, prompting parties to cooperate
46
# 4
Give an example of bipartisanship working today
* Bipartisan Safer Communities Act (gun contron laws)
* Introduced by Marco Rubio (Rep - Senate)
* modified by amendment of Chris Murphy (Dem - Senate)
* sigend into law by Biden (Dem)
47
# 2
Give 2 examples of bipartisanship not working today
* Senate Republicans blocked further aid to Ukraine, proposed by President Biden, as part of border security dispute
* Second impeachment trial of Trump saw Senate convict him as 'guilty' of inciting insurrection by 57-43, yet fall 10 short of required supermajority
48
# 3
Describe limited government
* Limited through 'checks and balances' and 'separation of powers'
* US Bill of Rights protects citizens' rights
* 10th amendment protects state rights
49
# 3
Give an example of limited government working today
* *Trump v Vance* (2020)
* SC struck down presidential immunity
* Stated Trump did not have absolute immunity from subpoenas directed at his private papers
50
# 2
Give an example of limited government not working today
* Biden issued eviction moratorium to initiate 60-day ban on evictions during COVID-19 Pandemic
* despite knowing SC would strike it down
