Constitution Flashcards
(20 cards)
‘The strengths of the US constitution outweigh its weaknesses’ HFDYA?
-Strengths vs weaknesses: checks
-Strengths vs weaknesses: rights
Evidence of strong protection of 1st amendment rights?
Texas v Johnson- flag burning
Evidence of strong protection of 2nd amendment rights?
DC v Heller
Garland v Cargill
Evidence of strong protection of 5th amendment rights?
Hamdi v Rumsfeld
What is needed to amend the constitution?
2/3 of congress, 3/4 of states.
Evidence of protection of rights leading to discrimination?
303 Creative v Elenis (LGBT)
Dobbs vs Jackson (women)
Shelby county v Holder (minority voting rights)
Evidence of protection of rights leading to plutocracy?
Citizens united v FEC
Why does the protection of rights in the US undermine democracy?
Marbury v Maddison gives SC power of judicial review. Means unelected body able to undermine congressional law.
Evidence of SC striking down elected mandate?
Strikes down abortion laws in Idaho.
‘Increased partisanship undermines the effective workings of constitutional democracy in the US’ HFDYA?
-Checks and balances undermined by partisanship vs. not
-Strong protection of rights effective vs impossible to change
‘The constitution continues to work effectively in limiting the power of the three branches in government’ HFDYA?
-Executive: yes/no
-Congress: yes/no
-Judiciary: yes/no
How does the constitution limit congress’ power?
Frequent election; continually accountable to voters.
Accountable to other branches
How does the president limit congress?
Presidential veto
How many vetos did Trump use against congress? How many were overridden?
10, 1.
How many vetos did Biden use against congress? How many were overridden?
13, 0
How many vetos did Obama use against congress? How many were overridden?
12, 1.
Evidence of constitution not effectively limiting congress?
Too obstructive?
What is the SC unable to do?
Initiate (but cases covering most issues are available to them so not particularly effective).
When did Trump ignore the SC?
April- ruled 9-0 it needed to ‘facilitate’ the return of a man from Maryland wrongly deported in March; returned in June.
What suggests the constitution doesn’t effectively limit the SC?
Politicised and expanding scope.