features of the US Constitution USP Flashcards
(35 cards)
what roles are given to the supreme court in the constitution
- interpret the constitution
- strike down laws deemed as unconstitutional
what roles are given to the president in the constitution
- commander in chief of the armed forces
- in charge of foreign policy
- nominates Supreme Court justices
- chooses secretaries of state
- power to veto/sign bills passed in congress
- power to suggest new laws to congress
- presidential pardons
what roles are given to congress in the constitution
- repsonsible for passing laws and raising taxes
- ratifies treaties and declare war
- senate approval needed for appointment processes
- can impeach judges and president
what roles are given to the states in the constitution
10th Amendment
- provide education
- policing
- raising taxes
example of separation of powers in practice
- obama had to step down from senate in 2008
- harris had to step down as senator when becoming VP to Biden
what are some examples of the president placing checks on congress when RECOMMENDING LEGISLATION
STATE OF THE UNION ADDRESS
2023 = BIDEN
- pass policing reform
- immigration legislation
- codify abortion rights
- cap price for insulin at $35 a month
2010 = OBAMA
- passing Obamacare
what are some examples of the president placing checks on congress when POWER TO VETO BILLS
- Trump (2020) vetoed Iran War Powers = used to limited power of president to use military force against Iran without congressional approval
what are some examples of the president placing checks on congress when NOMINATING FEDERAL JUDGES
- Trump made 3 appointments (Niel Gorsuch, Brett Kavanaugh and Amy Voney Barrett)
- all 3 are suspected to have overturned ROE vs WADE
- Biden made one appointment., Kentanji Brown Jackson (first black woman to serve on supreme court)
what are some examples of the president placing checks on congress when PRESIDENTIAL PARDONS
- ford pardoned nixon over watergate scandal
- obama pardoned over 1000 individuals on drug charges
- trump pardoned ally Steve Brannon who faced corruption charges involving a political campaign
what are congress’ check on the president involving OVERRIDING A PRESIDENTIAL VETO
- congress overrode Trump’s veto to pass the National Defense Authorization Act
what are congress’ check on the president involving POWER OF THE PURSE
- all money spent by the president and executive has to be agreed by congress
- congress sought withdrawal from Iraq by restricting military spending under Bush
what are congress’ check on the president involving DECLARING WAR
they just do…
what are congress’ check on the president involving RATIFYING TREATIES
- rejected Obama’s convention on the rights of persons with disabilities, failed to reach super majority
what are congress’ check on the president involving CONFIRM/REJECT PRESIDENTIAL APPOINTMENTS
- obama’s supreme court nomination, Merrick Garland 2016, republicans refused to vote so president could appoint judge after 2016 election
what are congress’ check on the president involving POWERS OF INVESTIGATION
- watergate scandal
- Trump Campaign interactions with russian intelligence for 2016 election
what are congress’ check on the president involving IMPEACHMENT OF PRESIDENT
- 3 presidents ( Johnson, Clinton and Trump in 2019 and 2021) were impeached by HOR
- never convicted by senate though
- Clinton = over lying under oath
- Trump over foreign interference in 2016 election and in 2021 due to soliciting storming of the capitol
what are congress’ check on the president involving IMPEACHMENT OF MEMBERS OF CABINET
- Feb 2024 = HOR impeached Alejandro Mayorkas, secretary of Homeland Security, failure to handle US Mexico Border situation
- first cabinet member to be impeached since 1876
what are congress’ check on the the judiciary involving CONFIRMING/REJECTING NOMINATIONS BY JUDICIARY
- merrick garland in 2016, obama’s choice for supreme court justice was not implemented due to the abstention of votes by republic party
what are congress’ check on the the judiciary involving IMPEACHING FEDERAL JUDGES
- 2010 - Thomas Porteous was impeached on corruption charges
what are congress’ check on the the judiciary involving PROPOSED AMENDMENTS TO CONSTITUTION
- 16th amendment was proposed by congress in 1909 after supreme court deemed income tax as unconstitutional
what are the judicial’s check on the the president involving JUDICIAL REVIEW
- June 2023 = SC ruled Biden’s $430B student debt forgiveness plan was unconstitutional
- 2017 = SC stopped Trump’s executive order to ban entry into US from 7 Muslim countries
what are the judicial’s check on the the congress involving JUDICIAL REVIEW
- UNITED vs FEC used by SC to justify striking down section 304 of the Bipartisan Campaign Reform Act 2022 (limited the amount of money that candidates could be paid on personal loans to their campaign)
- Defence of Marriages Act 1996 went against equal protection of all couples, resulting in gay marriage being legalised later
arguments for that separation of powers and checks and balances HAVE been effective
- ensures that no branch has more power than another
- forces different branches to work together to get things done, promoting bipartisanship
arguments for that separation of powers and checks and balances HAVE NOT been effective
- results to a need of bipartisanship - when gridlock or divided government = FAILURE
- highly partisan = almost all party members vote within party lines
- can be said similarly to supreme court
