Constitution Still Maintains Its Principles

Question 1

Weaker, federalism and a limited gov is upheld in the constitution

Answer 1

• enumerated powers of the state governments in A4
• reserved powers of the states in A10
• states have own areas of jurisdiction (tax abortion and death penalty)
• can also limit fed gov
• concurrent powers such as collecting tax
• states can stop laws being passed
• 13 states brought auctions forward seeking a declaration that the ACA was unconstitutional
• Texas senator write to Obama that he had directed his state not to accept Syrian refugees

Question 2

Federalism no longer upheld, been eroded and federal gov has too much power

Answer 2

• obama exec order DACA DAPA overrode state law enforcement to remove illegal immigrants from the country
• SCOTUS not always uphold federalism (obergefel v hodges) right to gay marriage upheld in all states

Question 3

SOP is upheld in constitution and creates requirements for bipartisanship

Answer 3

• FF aim to avoid concentration of powers in exec and a dictatorship thus ensured checks
• A1 2 3 clear enumerated powers for branches
• no overlap, must resign from one branch to join another
• complete independence no influence
• laws broad support, especially in divided polarised gov
• repeal of don’t ask don’t tell 2010 sponsored by 3 democ and 3 reps to protect LGBT members of the military
• violence against women act, all female senators voted in favour

Question 4

SOP not upheld and parties refuse bipartisanship

Answer 4

• powerful presidents can use direct authority and exec orders
• bush Guantanamo bay exec order, controversy over how prison would treat prisoners and violate human rights
• clear ideological divides which creates hurdles for legislation
• gridlock, filibustering, gerrymandering
• 1969-2016 48 years of divided government

Question 5

Checks and balances are upheld

Answer 5

• SOP no influence
• two houses of congress have equal powers, thus need 2/3 supermaj
• SCOTUS power of judicial review and power to DOI
• DOI of legislation, actions of exec and state govs, which is binding
• SC struck down parts of voting rights act 1965 (Shelby v holder)
• stuck down strict abortion laws in Texas which were requiring abortion laws to meet unethical health standards, interfering with womens right (roe)

Question 6

Checks and balances no longer upheld

Answer 6

• when presidents party has control over both houses, united gov
• 53/100 repub in senate
• 218/435 repub in house
• senate confirmed all of trumps cabinet including climate denier pompeo
• Christi noem home land Sec 59-34 vote to crackdown on immigration including serious deportation efforts, against constit