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Checks And Balances Are Effectie v Flashcards

(6 cards)

1
Q

Weaker, is effective, exec can use presidential veto over congress

A
  • Obama veto attempt to repeal ACA
  • Biden used veto 13 times including vetoing attempts to raise us debt ceiling, secured negotiations with speaker McCarthy to create fiscal responsibility act
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2
Q

Presidential veto can be overruled by congress

A
  • 2/3 supermajority
    -33% bush’s vetos were overruled
  • 2019 trump veto budget in a attempt to secure funding for Mexican boarder wall - overruled
  • in a divided gov where congress is dominated by opposing party, veto likely, polarisation
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3
Q

SC declare legislation from congress as unconstitutional, declare DOI

A
  • blinding and upholds constitutional sovereignty
  • Shelby v holder court struck down pre-clearance requirement of the voting rights act 1965 which required states with a history of racial discrimination to ask for permission to implement changed in voting law
  • bad impact states have limited right to vote through voter ID
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4
Q

Checks not effective as SC is undemocratic p

A

-congress can overrule with an amendment
-SC unelected and acting as a quasi legislate body
- ideologically driven and are appointed based on philosophy
- dobbs repeal roe as trump appointed a conservative justice
- 6-3 constructionist bias
- exhibit judicial restraint limiting checks on exec

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5
Q

Congress ability to hold presidents/SC to account through impeachment

A
  • has not happened get by threat is effective
  • trump lost 2020 election due to attempted impeachment
  • Nixon resignation due to threat as a result of the watergate scandal
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6
Q

Exec and pres have power of pardon

A
  • Nixon resignation due to media pressure and trump due to his unlikeability
  • pardons and reprives not subject to scrutiny
  • Biden numerous of those convicted of marijuana possession
  • trump 2025, 1600 pardons from jan 6th riots
  • sets a precedent that violent behaviour and crimes are okay
  • trump pardon son in law for charged including tax evasion, campaign finance offences and witness tampering
    - Biden pardon son hunter dec 2024 for being illegal drug user in possession of gun, first son of a sitting president to be convicted
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