america politics part 2 Flashcards

Question

why was the supreme court set up?

Answer 1

The supreme court was set up to the rule on disputes that steamed from national laws any cases involving disputes between the states and the rare cases in which a foreign diplomat was put on trial. Its powers were outlined in article ii of the constition implying that the judiciary was lesser important than the other branches of government. -It did not address the issue of who would be responsible for deciding whether or not the constition had been properly respected - a role that would require careful examination of the text coupled with mature judgement and would seem logically to be suited to the nations highest court. -14 years after the constition was adopted the supreme court did take on the role of constitional interpretation, the judiciary did become very significant.

Answer 2

founding fathers were aware that the additional roles and responsibility given to the national government could be used as a platform to extend its powers. This could result from the best of intentions with frustrated politicians believing that they could do more for the people if they had more power -The founding farther said however an overly powerful national government would be a minor abuses of power leading to a more significant misuse of power and tyranny.

Answer 3

-limiting the amount of power available to the national government -dividing that power into smaller fragments by diving the national government into separate branches and providing each with distinct limited roles. -stopping the branches of national government from working together to weaken the effectiveness on these safeguards against excessive power -holding politicians to account for the use they made of powers available to them.

Answer 4

federalism does serve to limit the amount of power available to the national government. The constition does aim to restrict the national government to decisions which effect the whole country, outlining which powers are needed to do this. All other powers belong to the states. These are called reserved powers. The importance of these powers to the founding fathers was shown in the 10th amendment that reinforces the principle that any powers not explicitly given to the national government by the constition belong to the states or the people.

Answer 5

It has always had importancce on a practical level in a country where the national goverment has been distant and remote to the great majoirty of the population. Even when the us consisted of just thirteen states on the eastern cost the capital city was many days of travelling for most people. The national government has also been seen as being culturally as well as geographically remote. The population of the usa had been always diverse, with in the early days refugees have little in common with economic refugees, apart from their fear and hatred of tyranny.

Answer 6

Consequently all national policies that are applied in a uniform way across the country have always been likely to be seen as inappropriate or unsuitable by significant sections of the population. National policies made by distant policy makers who have no direct experience or understanding of the impact of their decisions on particular group or communities.

Answer 7

It has been associated with the types of freedoms that Americans fought for when they broker away from the united kingdom and is regarded by many as the most important feature of the constitution.

Answer 8

enumerating powers; by listing the specific powers of congress the founding fathers aimed to reinforce federalism as the list would serve to limit the government ability to extend its role into any policy area that has not been specified. Article I of the constitution list eight restrictions on congress, known as denied powers.

Answer 9

separation of powers, The founding farther did drew up arrangements that would ensure that the three main role of the central government would be carried out by different groups of people. The constution does prohibit anyone from working in more than one branch of government at the same time, there by creating strict separation of personnel. For example in 2009 Obama appointed several members of congress to his administration they all had to resign from the legislature before taking up their posts in the executive branch..

Answer 10

-as james Maddison puts it limits on the national goverment would be effective as a result of 'ambition counter acting ambition'. If ambitious members of any of the three branches of goverment would attempt to expand their power they would inevitably take power from one of the others, but the equally ambitious members of the other branches could be relied upon to resist loosing the limited powers they had. In this way each branch would serve as a check on each state. The constitution does set out ways in which each branch constraints the other with emphasis on limited the power of the president to prevent the emergence of the national leader that would act as a dictator.

Answer 11

-the founding fathers did aim to ensure that there was an appropriate balance of power between the three branches as they would not be able to effectively protect themselves from intrusion if one of the branches was much more powerful than the other.

Answer 12

Elections; it was possible that voters could be persuaded to elect one political group to both legislature and the executive branches of goverment which would undermine the system of checks and balances. To prevent this they organised many events.

Answer 13

indirect elections. The upper chamber would consist of senators appointed by state legislatures. The president would be elected by the people but their views would be filtered through an electoral college. staggered election; There would never be a time when everyone in the national goverment would be elected simultaneously. Member of the lower chamber would be elected every two years. The president would be elected every four years. Senators would hold office for six years but only one third of them would be appointed at each election cycle Defined election dates- to ensure that those in power could not use a crisis or create a crisis to extend their time in office elections could be held on set dates regardless of circumstances.

Answer 14

amendments to the constution; To ensure that politicians would not be able to evade or dilute these restrictions the founding fathers made the constitution extremely difficult to amend. There are two mechanisms for changing the constitutions out lined in article v of the document. Both are slow complicated processes and require the support of a super majority.

Answer 15

The first method does require a two third majority in both houses of congress to propose and amendment and at least three quarters of the states to agree to the amendment for it to become law. The second method does require at least two thirds of the state to call a national convention similar to the convention at Philadelphia that wrote the constitution to propose and agree to an amendment. This method has never been used.

Answer 16

Over 5000 amedments have bee proposed but only 27 have ever been passed of which the first ten are considered to be part of the origional constition. The equal right amedment illustrates the difficulty in amending the consitution. Providing a constitional guarantee of equal rights for women, this amendment was passed by congress in march 1976 with a seven year deadline for it to be ratified by three quarters of the states. -22 of the necessary thirty eight state ratifications were achieved in the first year, but the place did slow as opposition did begin to grow. -There were only eight ratifications in 1973, three in 1974, one in 1975 and none in 1976.

Answer 17

In 1977 Indiana became the thirty fifth and last state to ratify the Era. A demonstration of 100000 supporters of the amendment in Washington dc lead to congress granting an extension until 30 june 1982 but with no further support from the states the deadline passed leaving it three short of the required threshold. Recent examples of proposed amendments that opinion polls demonstrated had considerable popular support but failed to gain the necessary two thirds support from congress include ; balanced budget amendment flag desecration amendment school prayer amendment tax limitation amendment Defence of marriage amednemnt

Answer 18

The 19th amendment which was introduced in congress 118 times before its passage and the 27th amendment was not passed until over 200 years after it was originally introduced.

Answer 19

separation of powers- a theory of goverment where by political powers is distributed among the legislature the executive the judiciary each acting both independently and interpedently. It was put in place due to fear of tyranny. Montesquieu argued for separation of powers into legislative executive and judicial branches in order to avoid tyranny. -He wrote ' when the legislative and executive powers are united in the same person there can be no liberty'.

Answer 20

The founding fathers had the idea that each of these branches independent yet co equal branches should check the powers of each other. -It was decided that no person could be in more than one branch of the federal goverment at the same time- what we might call ' separation of powers'. -when in 2008 senator Barack Obama was elected as president, he had to resign from the Seante as did newly elected vice senator joe biden. -The branches of goverment are in this sense entirely separate.

Answer 21

for it is the institutions that are seperate not the powers. proffesor richard neustadt was the most helpful in clearing up this confusion. He wrote ' The constitional convention of 1787 is supposed to have created a goverment of ''separated powers''. It did nothing of the sort. Rather it created a goverment of separated intuitions sharing powers. -so the concept is best though of as the doctrine of shared powers. -The 'shared powers' are what checks and balances are all about for the founding fathers set up an intricate system where by each branch of the federal goverment would check and balance the other two.

Answer 22

Checks and balances are a system of goverment that give each branch legislative, executive and judicial the means to partially control the power excersied by the other branches largely to resist encroachments on its own powers and to maintain democratic goverment.

Answer 23

Because the constitution creates a system of separate intuitions that share powers each institution can check the powers of others. The major checks possess by each branch are as follows..

Answer 24

-can check congress by vetoing a bill it has passed -can check the federal courts by nominating judges and by the power of pardon

Answer 25

can check the president by -amending/ delaying/ rejecting the president legislative proposals -overriding the president veto -the power of the purse -refusing to approve the president appointment ( Seante only) -refusing to ratify the president treaties ( senate only) -using the impeachment and trial power to remove the president from office

Answer 26

Congress can check the federal courts by -proposing constitional amendments to overturn a judicial decision -refusing to approve a person nominated to the federal courts ( senate only )

Answer 27

The federal courts -can check congress by declaring a law unconstitional -can check the president by declaring the president actions - or the actions of any of the president subordinates unconstitional As well as these formal checks there are also informal checks such as congress check of investigation through its committee system.

Answer 28

The president is given the power to recommend legislation to congress. They do this formally in January of each year in the sate of union address. President use this set piece speech delivered to a joint session of congress as well as cabinet members the justice of the supreme court and other invited guests before a nationwide audience on television. -it is an opportunity for the president to lay out their legislative agenda, in effect saying to congress ' this is what i want you to debate and pass into law'. -president Obama used the state of union address in January 2010 to focus on his healthcare reform proposals, urging congress ' lets get it done'. He signed the bill two months later.

Answer 29

An annual speech made by the president to a joint session of congress setting out his proposed legislative programme for the coming year.

Answer 30

The president does also have the power to veto bills passed by congress. During his eight years in office Obama did use the regular veto on 12 occasions including in 2016 his veto of a bill that would have rescinded part of his healthcare reform legislation.

Answer 31

They have two significant checks. First the presidential nominates all federal judges - to the trail courts appeal courts and supreme court. During his first term president Barack Obama was able to make two appointment to the supreme court - Sonia Sotomayor (2009) and Elena Kagan ( 2010). By choosing justices whose judicial philosophy matches their own president can hope to mould the outlook of the court for years to come..

Answer 32

The second of their checks they hold on the courts is the power of pardon. This has become controversial in recent times. In 1974 president nixon pardoned his predecessor president nixon for any crimes that nixon could have committed in the so called Watergate affair. -on the final day of his presidency president Clinton pardoned 140 people march rich a notorious tax fugitive. President Obama pardoned 142 people during his final weeks in office.

Answer 33

-can amend block or even reject items of legislation recommended by the president. In 2010 it passed president Obama healthcare reform bill. But congress blocked Obama attempt at immigration reform and rejected every proposal he made regarding meaningful gun control and legislation.

Answer 34

Congress can override the president veto. To do this it needs to gain a two third majority in both the houses of congress. During president George bush two terms congress overrode four of hir 11 regular vetoes, including his vetoes of the 2007 water resources development bill and the 2008 food conservation and energy bill. -it was not until the last four month of hi eight years in office that congress first overrode on of president Obama vetoes. -In September 2016 obama vetoed the justice against sponsors of terrorism act that would have allowed American families of the victims of September 11 terrorist attack to sue the goverment of Saudi Arabia for any role they played in the plot.

Answer 35

It is also congress that does have the power that is reffered to as ' the power of the purse''. All the money that the presidetn does want to spend on the president policie must be voted for by congress. -It refusal to vote fro this money will curtail what the president can do - be in domestic or foreign policy. In 2007 the democrat controlled congress attempted to limit george bush spending on the military operatins in iraq.

Answer 36

It is also congress that does have the power that is reffered to as ' the power of the purse''. All the money that the presidetn does want to spend on the president policie must be voted for by congress. -It refusal to vote from this money will curtail what the president can do - be in domestic or foreign policy. In 2007 the democrat controlled congress attempted to limit george bush spending on the military operations in iraq.

Answer 37

In foreign policy congress has two further checks on the president. Although the constition confers on the president the power to be '' commander in chief'' of the armed forces it confers on congress the power to declare war. However this power does seem to have fallen in the last two decades, the last time congress declared war was on Japan in 1941.

Answer 38

Although the constition confers on the president the power to be '' commander in chief'' of the armed forces it confers on congress the power to declare war. Congress had successfully forced president since the declaration of Japan war in 1941 to seek specific authorisation before committing troops to situations in which hostilities are likely or inevitable. -in October president George w bush gained specific authorisation from congress to use military forces in iraq. The house approved the use of troops in iraq by 296 votes to 182 while the vote in the senate was 77 votes to 23.

Answer 39

The senate does have the power to ratify treaties negotiated by the president. This requires a two third majority. In 2010 the senate ratified the new START treaty with Russia by 71 votes to 26. In 1999 the senate rejected the comprehensive test ban treaty by 48 votes to 51, 18 votes short of 66 that are required. -it was the first major treaty to be rejected by the senate since the rejection of the Versailles treaty in 1920. -five minor treaties had been rejected in between. Then in December 2012 the senate rejected the convention on the rights of persons within disabilities by 61 votes to 38, five short of the two thirds majority required.

Answer 40

The power to confirm many of the appointments that the president makes to the executive branch and all the appointments he makes to the federal judiciary. -executive appointments subject to senate confirmation include such high profile posts as cabinet members, ambassadors and heads of important agencies such as the cia and fbi. Only a simply majority is required for confirmation. -rejections are unusual but normally as president consult prior naming only those whose confirmation is fairly certain.

Answer 41

-The power to confirm many of the appointments that the president makes to the executive branch and all the appointments he makes to the federal judiciary. -In 1987 the senate rejected president regean nominee Robert bork for a place on the supreme court. In 1989 the senate rejected john tower as secretary of defence -in October 2005 Harriet miers withdrew as a nominee to the supreme court following critism by republican senators of her lack of qualification and conservative credentials. -The republican controlled senate did refuse to proceed with the confirmation of merrick garland to the supreme court, claiming that the nomination should await the new president who would take up office in January 2017.

Answer 42

Power of investigation congress does this usually through committees they could investigate the actions or policies of any member of the executive branch including the president. -following a terrorist attack on Benghazi in Libya in September in which the American ambassador Christopher stevens was killed no fewer than seven congressional committees held hearing on the events that had led up to it and the way both president obama and then secretary of state Hilary Clinton had handled the matter.

Answer 43

Investigation could lead to impeachment the ultimate check that congress does hold over the executive. congress could impeach any member of the executive branch including the president. Andrew Johnson and bill Clinton have both been impeached by congress. -it is the house of representatives that does have the power of impeachment. In 1998 it passed two articles of impeachment against Clinton for perjury and obstruction of justice. Just a simply majority is required. -In Clinton case, the Seante found him not guilty on both articles of impeachment- the votes being 45-55 on perjury and 50-50 on obstruction for justice, respectively 22 and 17 votes short of the required two third majority.

Answer 44

Investigation could lead to impeachment the ultimate check that congress does hold over the executive. congress could impeach any member of the executive branch including the president. -In the 1980s Johnson escaped conviction by the Seante by just one vote. -In 1974 nixon resigned rather than face the certain impeachment by the house of conviction by the seante. -Through impeachment congress can effectively remove the president, it is the ultimate check . The president does hold no similar power he cannot remove congress.

Answer 45

first is the power of impeachment trail and removal of office. In the space of three years congress removed three federal judges From office, harry Claibourn for tax evasion, Alcee Hastings for bribery and Walter Nixon for perjury. -In march 2010 the house of representatives impeached federal judge Thomas porteous for corruption and following guilty verdicts in the senate on four counts, judge porteous was removed from office later that year.

Answer 46

-Can overturn a decision of the supreme court. -when in 1896 the supreme court declared federal income tax to be unconstitional congress proposed the sixteenth amendment granting congress the power to levy income tax. It was ratified and became operative in 1913. -Congress has more recently attempted unsuccefully to reverse supreme court decisions on issues such as flag burning and prayer in public schools. -Following a controversial ruling by the supreme court on the subject of campaign finance in 2010 senator tom Udall introduced a proposed constitional amendment to reverse the effects of this decision. But the amendment did not go far.

Answer 47

The judiciary posses a significant power, the power of judicial review. This is the power of the court to declare the acts of congress to be unconditional and therefore null and void. In the 1997 case of reno v American civil liberties union the supreme court declared the communications decency act (1996) unconstitional. In 2013 in the case of united states v windsor the court declare the defence of marriage act ( 1996) unconstitional.

Answer 48

The court do have the same power of judicial review over the executive branch Here the power of judicial review is the ability to declare actions of any member of the executive branch to be unconstitional. -in United states v richard nixon ( 1974) the court ordered president nixon to hand over the so called white house tapes and thereby stop impending investigation of the watergate affair.

Answer 49

-The courts have the same power of judicial review over the executive branch. -nixon obeyed handed over the tapes and resigned 16 days later. -In the 2006 case of Hamdan v Rumsfeld the supreme court declared unconstitional the military commissions set up by the administration of George w bush to try suspected member of al Qaeda held at Guantanamo in Cuba. -Then in 2014 in national labour relations board v noel canning the court ruled that Obama had acted unconstitionally in making three appointments to the national labour relations board without the approval of the senate. -In 2017 case of state of Washington v Donald trump the federal courts played a temporary restraining order on trump executive order that banned people from seven Muslim majority countries from entering the united states.

Answer 50

The presidential veto is the president power under article ii of the constitution to return a bill to congress unresigned, along wit the reasons of his objections.

Answer 51

close cooperation between the two major parties to achieve desired political goals. In the us system of goverment it may be crucial for political success.

Answer 52

A divided goverment is when the presidency is controlled by one party and one or both house of congress are controlled by the other party.

Answer 53

Bipartisanship, and compromise between the president and congress. laws would be passed, treaties ratified appointments confirmed and budgets fixed only when both branches worked together. President Goerge w bush did mange to achieve his education reform in 2001 - 2001 because he worked with leading congressional democrats such as senator edward kennedy. Most recent president have accused the senate of either rejecting or blocking their judicial nominations for partisan reasons As a consequence a large number of posts in both the federal trial and appeal court remain unfilled for months even years slowing down the work of courts.

Answer 54

Divided goverment. This became the norm the 48 years between 1969 and 2016 have seen 35 1/2 years of divided goverment and 24 of those years the presidency party controlled neither house. -For only 12 1/2 years of this period did one party control the presidency and both houses of congress, 1977-81 ( jimmy carter), and 1993-95 ( bill clinton) for the democrats January June 2001 and 2003-2007 ( Goerge w bush) for the republicans and 2009-11 ( barack obama) for the democrats. However they haven't always been the norm, in the previous 48 years from 1921 to 1969 there was divided goverment from only ten years.

Answer 55

There are arguments on both sides. Bills are scrutinised more closely treaties checked more carefully and nominees questioned more rigoursly in the confirmation process. There is some evidence that when congress and the president are of the same party, legislation, nominations budgets, treaties and the like are nodded through without as much careful scrutiny as there should be. Not since 1935 has the senate rejected a treaty of a president of its own party. only twice in the last 5 years had congress overridden a veto of a president of its party. -in 1964 democrat Johnson managed to persuade a congress with democrat majorities in both houses to pass the Tonkin gulf resolution which authorised him to take whatever action was deemed appropiate in south vietnamn.

Answer 56

During the years of republican control from 2003 through to 2006 congress was fairly feeble in exercising its oversight function of republican George bush war in Iraq. Others however think divided goverment leads to less effective governments. Examples such as treatment of the supreme court nominees Robert Bork (1987) and clarence Thomas ( 1991) by a democrat-controlled senate and the impeachment proceedings conducted against democrat president bill Clinton by a republican controlled congress seem poor advertisements for effective checks and balances.

Answer 57

' we hold these truths to be self evident that all men are created equal that they are endowed by their creator with certain unalienable rights that among these are life liberty and the pursuit of happiness'.

Answer 58

The decleration of independence stated that ' all men are created equal'.

Answer 59

-In the view of the British goverment the American colonies existed preictally for the economic benefit of the mother country. The colonists were obliged to pay tax to Britain they had no representation in the British parliament. This did lead to a growing resentment. James otis declared ' taxation without representation is tyranny'. As Britain tried to tighten its grip on colonies economic afraid in the 1770s revolution became inevitable. The war of independence began in April 1775.

Answer 60

The 13 original colonies were strung along the eastern seaboard of America from Maine in the north to Georgia in the south. Some were the creations of commercial interests, others of religious groups. All had written charters setting out their form of goverment and the rights of the colonists. However each colony did have a governor, a legislature a judiciary and each also had a property qualification for voting from which women and black people were excluded.

Answer 61

As the declaration only talked about men and because most of the blacks in the south were held in slavery and the poor were denied voting then perhaps it could be argued that the declaration was assuming to quote George Orwell that ' some are more equal than others'. Aswell as first it is easily forgotten that until comparatively the word man or men were interchangeably to refer to human beings in general with no reference to gender. The declaration of independence does also use the words ' men' and people' synonymously.

Answer 62

It is very important to distguish between asserting a right and claiming that everyone is already enjoying it. The denial of a right in practise is surely not the denial of a right in principle. As Abraham lincoln would later explain the authors of this document ' did not mean nor yet that they were about to confer it immediately upon them but they meant simply to declare the right so that the enforcement of it might follow as fast as circumstances should permit'

Answer 63

-He did go on to say about the rights that all citizens should enjoy. Life liberty and the pursuit of happiness are preceded with the phrase ' among these are'. Because all are entitled to these rights simply by virtue of being human they are often referred to as natural rights. -However even in a democratic society the goverment must regulate these natural rights through law. Thus the right to life does not give one the right to use delay forces against any person who breaks into your home. The right of liberty would doubtless include the right to travel and while no democratic goverment would prohibit its citizens from travelling within its border, its does regulate that freedom through laws it enacts regarding such matters as speed limits traffic lights and car ;licensing requirements.

Answer 64

He did offer his plan for confederation for post colonial government. The article of confederation was eventually ratified by the 13 independent states by march 1781, although the hostilities with great Britain were not formally conducted until the treaty of Paris 1783. These articles set up the confederacy, a league of friendship than a loose collection of independent states rather than a national goverment. -The national goverment was a feeable affair with no executive branch, no judiciary and a legislature. The most significant thing about the goverment created by the articles of confederation was that it was weak.

Answer 65

The ex colonists had succeeded in gaining their independence but had failed to form a nation and by this failure they almost turned their victory into defeat. Many of the leaders of the revolutionary war such as George Washington and alexander Hamilton believed that a strong national goverment was essential. -They did begin to fear the reappearance of the British and the loss of all they has so remarkedly achieved. -A small group of men with such fears met at Annapolis Maryland in September in 1786.

Answer 66

The Philadelphia convention was made up of 55 delegates representing 12 of the 13 states. In the summer of 1787 they wrote an new form of goverment. They quickly concluded that a confederacy was structurally flawed and weak but they saw that from political history stronger forms of goverment led to the trampling underfoot of citizens rights and liberties. Thus they would have had to create an entirely new form of goverment one that had a strong centre while still preserving states rights and individual liberties. The answer was a federal constition a bill of rights and an intricate set checks and balances between different levels and branches of goverment.

Answer 67

It did initially consider two plans one put forward by new jeresy the other by Virgina. The new jersey plan favoured by the states with smaller populations was designed merely to strengthen the articles of confederation. The Virgina plan favoured by the states with larger populations was much more radical. But with support equally divided the convention was deadlocked. The impasse was broken with the Connecticut compromise. The stroke of genius came in the plans recommendation that the new national legislature should be made up of two chambers.

Answer 68

In the lower house ( the house of representatives) the state would be represented proportionally to their population but in the upper house ( the senate) the states would be represented equally regardless of population. Other compromises followed concerning such matters as the method of electing the president.

Answer 69

A constitution is the basic political and legal structures prescribing the rules by which a goverment operates. It could take the form of a codified document.

Answer 70

Federalism is a theory of goverment by which political power is divided between a national goverment and state goverment each having their own areas of substantive jurisdiction. '' we the people of the united states i order to form a more perfect union, it is the third key principle of the constitution.

Answer 71

The articles of confederation showed just about how far the newly independent peoples of America were prepared to go in the formation of a national government not very far but the experience of confederacy had been effective. The compromise between a strong central goverment and states rights was to be federalism. It was what James Maddison called the ' middle ground'.

Answer 72

-They wanted a limited goverment whereby goverment would only do what is essential leaving the citizens fundamental rights and freedoms as untouched as is possible in an organised and orderly society. -john Locke had grounded the case for limited goverment on the twin foundations of individual rights and popular sovereignty.

Answer 73

There was considerable disagreement between those who had wanted the states to remain sovereign and others who wanted to create a more centralised federal arrangement. -in order to bring an agreement between the anti federalists and the federalists the delegates agree on a compromise by which the power of the new federal goverment would remain limited in its reach. The founding fathers had not thrown off one tyranny in great Britain to reach another nearer home.

Answer 74

The principle of limited goverment remain central to political debate today about the proper scope of the federal goverment. One sees it today in debate over the federal goverment role in such issues as healthcare provisions, education, immigration.

Answer 75

Federalism does involve a degree of decentralisation which has proved suitable for a country as large and diverse as the usa has become. As Benjamin franklin knew the signing of the declaration of independence a certain level of national unity was vital' we must all hang together, or most assuredly we shall all hang separately''. Thus out of the disunity of the articles of confederation came the united states ' out of many one'. Under the articles of confederation america had a confederacy a loose league of friendship among the states.

Answer 76

The articles did run into trouble due to mainly becuase there was only a very weak central goverment. But Americans had fought a long war against the strong central power of the British goverment. They were about to exchange a foreign tyranny for one of their own making. To the framers of the constitution their newly devised federal system avoided both extremes the extreme of disunity under the articles and the extreme of over centralisation under Britain. As James Maddison wrote the dividing power between the federal and state levels meant a ' double security' for the people. ' The different goverment' he wrote ' will control each other at the same time each will be controlled by itslef''.

Answer 77

-It was written into the enumerated powers of the three branches of goverment congress was ' to coin money'. The president was the ' commander in chief' and so on. Second it was included in the implied powers of the federal goverment. -These are the powers flow from for example ' the elastic clause of the constution'. -Third the federal goverment and the states were given certain concurrent powers for example the power to tax. -The tenth amendment reserving all remaining powers ' to the states and to the people'. -The supreme court was to be the umpire of all disagreements between the federal and state governments. As chief justice Charles Evan hugest wrote in 1907 ' we are under a constitution, but the constitution is what the judges say it is.

Answer 78

westward expansion. From 13 colonies clustered up and down the Atlantic coast settlement spread westwards across the Appalachian Mountains over the plains of the Midwest across the Rockies and all the way to the pacific coast.

Answer 79

The growth of population. The population grew from just under 4 million in 1790 to 76 million by 1900 and 322 million by 2016. A growing nation required management by a growing goverment.

Answer 80

industrialisation. THhis brought the need for goverment regulation the federal executive department of commerce and labor was formed in 1903 before being split into two separate departments just ten years later

Answer 81

improvements in communication. While the nation grew in size it shrank in terms of accessibility as modern methods of communication did develop. Journeys that previously took weeks too only a few days. Railways, road and aircraft did open up the nation. Radio followed by television did bring an instant communication and a feeling of national identity. People could communicate with others thousands of miles away.

Answer 82

The great depression. Events influenced the federal state relationship. When the great depression hit in 1929 the states looked to the federal goverment for a cure. The state goverment did not posses the necessary resource to reverse the huge level of unemployment launch vast public works schemes or rescue agriculture from the effect of dust bowl conditions. -Roosevelts new deal did help the usa to get back to work.

Answer 83

Foreign policy with the onset of ww2 the usa stepped out as a world superpower and the federal goverment with exclusive jurisdiction over foreign policy found its role enhanced

Answer 84

supreme court decisions. Political changes occurred to alter the federal state relationship. Decisions made by the supreme court especially between 1937 and the 1970s further enhances the power of the federal goverment through interpretation of the implied powers of the constitution. This was possible through the court applying a more expansive meaning to the powers allocated to congress article i section 8 especially the ' necessary and proper clause' the ' common defence and general welfare clause' and the commerce clause.

Answer 85

supreme court decisions From the mid 1980s under chief justiceships of William Rehnquist and john Roberts the court has taken a more restrictive view of these clauses thereby limiting the role of congress in particular and the federal goverment as a whole. This was most clearly seen in the 2012 decision of national federation of independent business v Sebelius in which the court declared that president Obama healthcare reform act could not be justified under the commerce clause, but only under congress power to levy taxes.

Answer 86

constitonual amendments - For the first time the constitution has been amended to impose prohibitions directly on state governments. Two requirements of the fourteenth amendments in particular have revolutionised the federal state goverment relationship. These requirements referred to as the ' due process' and the 'equal protection' provisions are found towards the end of section 1 of the amendment. -They read ' nor shall any state deprive any person of liberty, life or property without due process of law nor deny to any person within its jurisdiction the equal protection of laws'

Answer 87

constitutional amendments -The provisions of the fourteenth amendments have been used by the supreme court to invalidate state laws requiring public schools segregation and other forms of racial discrimination. -The supreme court had employed them to outlaw a wide array of other state laws ranging from certain restrictions on abortions, to Florida attempt to order a recount in the 2000 presidential election between George w bush and al gore. -Equally important was the passage of the sixteenth amendment it allowed the federal goverment to impose an income tax. This gave the federal goverment the means to launch all the grand programmes that would flourish from Roosevelt new deal to the presidencies of Johnson and Kennedy in the 1960.

Answer 88

Dual federalism is a term associated with the first 150 nations of history. Opting for a federal rather than a unitary or confederal system of goverment in 1787 was understandable. Government under the articles of confederation had been minimal -a weak congress was obliged to rely on the co operation of 13 independent states. -In economic affairs it did prove almost impossible and internal barriers together with the absence of common currency rendered the new republic almost impotent against the economic might of Britain.

Answer 89

If a confederal system does rely on the cooperation of constituent states was unworkable, the other most tried alternative unitary goverment was inappropriate for historical and political reasons. It was after all the centralised and insensitive power of England that had promoted the revolt of the colonies. -Each colony had its own traditions and history that could have been threatened by a centralised system. -Unitary goverment was associated with a strong executive not a feature likely to endear a system either to the artisans and small holder that make up the Bolk often American population.

Answer 90

A federal system does involve the sharing of authority between the centre and the constituent states was a natural compromise.

Answer 91

- it did give them authority to raise armies tax, and to regulate interstate commerce while the individual traditional of the states were protected both by checks and balances imposed on the central intuitions of congress and the presidency and by the tenth amendment. -power not delegated to the united states by the constution nor prohibited by it to the states, are reserved to the states respectively or the people.

Answer 92

- To defend the young republic against a hostile outside world -to provide an open and orderly market for the free exchanges of good and services within the borders of the new nation state.

Answer 93

In and agrarian and small town society characterised by poor communications and a strong traditions of localism the federal goverment was remote and in terms of people every day dealings relatively minor authority.

Answer 94

- arguments between the states and the federal goverment in the era of dual federalism tended at first to concentrate on the regulatory powers of the federal goverment and especially the extent at which federal law was supreme in the regulation of commerce and its powers to limits the import of foreign goods. By the mid nineteenth centaury the emergence of slavery as a national issue the federal goverment did also become involved in protecting citizens rights.

Answer 95

Before the civi war the most significant supreme court cases on federal state relationship concerned such things as the right of the federal goverment to establish a national bank without that bank itself being subject to taxation and to regulate interstates commerce in this case the operation of ferries between new york and new jeresy. -Later the court led by chief justice taney defended the rights of the southern states to permit slavery ( a right later removed by the civil war and the 13 th and 14 th amendment)

Answer 96

Between 1870 and 1938 the court resisted attempts by the federal goverment to regulate industrial and commerce life although anti monopoly laws were upheld and a graduated federal income tax was eventually approved through constitutional amendment.

Answer 97

The period up to 1933 was characterised by a general agreement that the states were the proper level of goverment then for most domestic policy formulation and implementation. -federal governments power was on the increase, but presidents and congressman generally accepted that direct intervention by the goverment in the economic and social life of the nation was undesirable.

Answer 98

The idea of a dual federalism is this period has been best described by Morton grodzins who called this period' layer cake federalism in which the federal and state governments each had distinct areas of responsibility.

Answer 99

-in 1903 the usa intervened in a dispute between Colombia and the inhabitants of panama resulting in the independence of panama and a treaty favouring the usa. This entrusted the usa with the construction and operation of a canal joining the pacific ocean with the Caribbean giving the usa enormous strategic and commercial advantage. -In cuba independence was dominated by us influence and the country became in effect an economic colony of the usa. The cuabns were forced to accept the platt amendment which did give the usa the right to intervene in cuba if the independence or stable goverment was threatened. It also permitted the americas to establish a permanent naval base in Guantanamo bay.

Answer 100

American economic power also dominated central America with us corporations such as the united front and American tobacco companies dominating local economies. -The secretary of state john hay announced the open door policy by which all foreign nations should have the same commercial access to china. He also stated that the usa would protect China independence and territory. -us intervention was emphasised by Roosevelt amendment of the Monroe doctrine known as the Roosevelt collonary. This asserted that the usa could intervene in Caribbean countries. However reluctantly if they were threatened externally or internally.

Answer 101

Roosevelt burnished his naval credential by sending 16 us battleships on a 46000 mile world publicity cruise in 1907. Nicknamed the ' great white fleet' it market the emergence of a powerful us navy. -Roosevelt also enacted as a peacemaker facilitating the treaty of Portsmouth in 1904-1095 russo Japanese war and exercising some influence in the alegeras conference in 1906 which averted war between France and Germany over the first Moroccan crisis. The usa was now accepted as a major power.

Answer 102

China is a weak country in the 1980s. European powers had basically split china into spheres of influence ( 1899) secretary of state john hay urged European leaders respect Chinese rights and fair competition.

Answer 103

( 1900) super patriotic group of Chinese trained in martial arts murdered foreigners and Christians. A multinational force ( including american soliders) stopped the rebellion.

Answer 104

It did give all nations equal trading access in china. Guaranteed that china would not be taken over by a foreign power.

Answer 105

Us needs a two ocean navy to protect interests. Spanish american war demonstrated the lack of mobility.

Answer 106

Rights to the canall-hay pauncefote treaty. Authorized the us to construct and manage a central american canal. The canal was to be open to all nations and rates to be fair and equal ( 1902) congress chose the panam route.

Answer 107

Panama was part of colombia. Colombia rejected $10 million and $250000 year (1903) the us navy supported Panamanian revolt. US recognised the inderpdent panam 3 days after revolt.

Answer 108

The influence of the federal goverment was much strengthen in the twentieth century as the us became a world power. This led to huge increases in the budget and a massive expansion of personnel both civilian and military. As a major contractor and provider of jobs the federal goverment decision affect the well being of the states and of the people.

Answer 109

The great depression of the 1930s greatly increased the expectation that the federal goverment would Intereve to deal with the major social and economic ills of the country. The federal goverment attempts to ease the problems by direct works programmes and by various schemes of assistance for businessmen farmers and whole areas in direct need filled a vacuum. Given the scale of the task confronting the country the states were unable to act themselves as a result of the strain on their finances as well as out of an ideological unwillingness in soe cases to do so..

Answer 110

Some rurally dominated state legislatures neglected the urgent difficulties affecting the nations urban areas and not surprisingly the city administrators turned to the federal goverment for a lead. The lack of positive response by many state governments to the crisis in the cities only served to increase the tendency toward centralisation. The very nature of the problems faced ain a complex industrialised society provides a challenge to the federal system.

Answer 111

( fiscal means to do with goverment spending) -with the demands for more education health, and welfare police protection and environmental services from hard pressed local and state governments the federal goverment increasingly stepped in with more financial aid. -The dependence of the states on federal financial resources to support their services had inevitably coloured the relationship. -Since the great depression the main financial assistance had been in the form of grant in aid.

Answer 112

Grant in aid are transfers of money from the federal goverment to the states and programmes. Some grant in aid existed before 1900 but most have developed since the 1930s and this had ed to federal supervision in areas not normally in its power. In other word it is the money ' with strings attached'. The federal goverment began to lay down minimum standards to inspect the results of its funding, and matching funds had to be provided by the states to qualify for federal aid.

Answer 113

The more a state was prepared to develop programmes the more it was likely to receive national funds. This linking of federal funds to an increase in the influence of the federal goverment in the states had led to this kind of activity being names fiscal federalism.

Answer 114

National assn of realtors total amount $3,338000 to democrats 49.63% total amount to republicans 50.77% National beer wholesalers asssn total amount $2,707, 500 to democrats 49.14% to republicans 50.77%

Answer 115

It is very significant there is evidence for incumbents in congressional elections especially in the house. The early 1990s showed a temporary blip in the trend with the rise but almost as quick fall of the term limits movement and a 'throw the bums out' mentality among voters.

Answer 116

Congress as an intuition and members of congress in general were held in low esteem voters often thought that their own senator or representative was doing a good job and deserved to be re elected.

Answer 117

By the turn of the centaury high rates of re election were back in the ten election cycles between 2000 and 2018 re election rates in the house ranged from a low of 84.5% in 2010 to a high of 97.8% in 2000 while the senate they ranged from a low of 79.3% in 2006 to a high of 96.1% in 2004. The re elections rates for that 2018 midterms were 84.4% for the senate and 91% for the house.

Answer 118

By the turn of the centaury high rates of re election were back in the ten election cycles between 2000 and 2018 re election rates in the house ranged from a low of 84.5% in 2010 to a high of 97.8% in 2000 while the senate they ranged from a low of 79.3% in 2006 to a high of 96.1% in 2004. The re elections rates for that 2018 midterms were 84.4% for the senate and 91% for the house.

Answer 119

In 2020 the 20 house incumbents were defeated and five senators. Thus most members of congress leave by voluntary retirement rather than electoral defeat.

Answer 120

- as an incumbent they have the ability to provide constituent services, they could help from an individual constituent to receive the correct level of service from a federal department to getting legislation passed that does bring federal funds and benefits to the state or district.

Answer 121

-incumbents do enjoy high levels of name recognition compared with a challenger. They are likely to seek committee plans or could even the position of chair on prestigious committees and sub committees or of ones that are related to constituency interests such as agriculture for Midwest legislators. -replacing an incumbent does mean loosing the seniority that the member would have gained over the years on capital hill, and with some benefits of federal spending on projects or subsidies to key local authorities.

Answer 122

-a lot of incumbents do have a huge advantage in fundraising compared with the challengers. incumbent senate candidates raised over five times as much as their challengers did during their 2020 cycle and house incumbent out raised their challengers more than six fold.

Answer 123

A coattails effect does occur when a strong candidate for a party at the top of the ticket for president or in midterm elections for state governor can help other party candidates get elected at the same time.

Answer 124

Few modern day presidents have enjoyed much of the coattails effect since 1980 when republican Ronald regean helped his party gain 33 seats in the house and a staggering 12 seats in the senate, when no fewer than nine incumbent democrat senators were defeated. Bill Clinton George w bush and barrack Obama showed little evidence of presidential coattails.

Answer 125

In 2016 there was some evidence that donald trump stronger than expected showing in some states had helped some republican senators to gain re election who had been thought to be facing near defeat. -senators pat Toomey of Pennsylvania, Richard burr of north Carolina and ron Johnson of Wisconsin all won their races when it was their democratic opponents who were Leading in the polls for most of the campaign.

Answer 126

Of the 21 winning republican state candidates of 2016 16 did win a higher share of the vote in their state than Donald trump. So trump coattails were fairly short if they existed at all.

Answer 127

In an election where trump did less well overall than in 2016 in terms of states won and ultimately lost republican congressional candidates frequently outperformed him.

Answer 128

Take main just 43.5% of the pine tree state plumped for trump while 50.6% voted for long serving republican senator susan Collins.

Answer 129

Even in a state that trump lost such as Colorado he pulled in 41.9% of the vote while the losing republican senator cory Gardner managed to poll 44.2 %. There are some exceptions such as Kentucky where trump proved more than popular than re elected republican senator mitch mcconeell. It should be careful not to see incumbency as too tied with the popularity or otherwise of their party presidential candidate.

Answer 130

Each state is awarded a certain number of electoral college votes. This number is equal to that states representation in congress the number of senators ( 2 for every state) plus the number of representatives. Thus in 2020 California had 55 ( 2 + 53) while Wyoming had just representatives.

Answer 131

To win the presidency a candidate must win an absolute majority which is 270.

Answer 132

The popular vote for each candidate are counted in each state. In all but two states whichever candidate wins the most popular votes receive all the electoral college votes of that states so called ' winner takes all' rule. There are exceptions are Maine and Nebraska where the electoral college voters are allocated differently; two votes to the overall winner of the popular vote across the whole state and the rest to the winner in each congressional district.

Answer 133

The electoral college never meets together. Its members so called electors meet in their respective state capitals on hthe monday after the second wednesday in december. -They send their results to the vice president of the usa in Washington dc. The vice president does count of the electoral college votes and announces the results to a joint session of congress in early January.

Answer 134

On 6 January 2021 vice president mike pence refused to overturn the electoral college votes of states that resident trump falsely claimed to have won. -During these proceedings a pro trump mob invaded the capital causing the proceedings to be haltered.

Answer 135

It could happen if either a 269-269 split between two candidates or if more than two candidates won electoral college votes. -Former situation almost occurred in 2000. The latter situation might have occurred in 1968 when third party candidate George Wallace won five states with 45 college votes.

Answer 136

The president would be elected by the house of representatives from the three presidential candidate with the most electoral college votes. -Each state would have one vote. -The winner would require an absolute majority 26 out of the 50 votes. Balloting would continue until one candidate emerged as the winner.

Answer 137

The vice president would be elected by the senate from the two vice presidential candidate with the most electoral college votes. Each senator would have a vote. -The winner would require a absolute majority - 51 out of the 100 votes -Again balloting would continue until this occurred.

Answer 138

It did fail to come up with a winner and the election been thrown to congress in 1980 and 1824.

Answer 139

In 2016 as in 2000 the popular vote winner lost in the electoral college. -In 2016 had just over 77000 trump votes switched to Clinton in three states Michigan, Pennsylvania and Wisconsin Clinton would have won the election.

america politics part 2 Flashcards

(163 cards)