The Constitutional Framework Of US Governmnet Flashcards
What are the origins of the US constitution?
-based on the Articles of Confederation
-weakness in the articles became apparent after Shay’s rebellion
-led to the constitutional in Philadelphia 1787
-the 55 attendees drew up the US constitution
What were the key features of the US constitution?
-emphasised representative government not democracy (President was elected indirectly through the electoral college and by popular vote + senate was initially chosen by state legislatures until this was changed the 13th amendment)
-it generally feared mass democracy
-it was a product of its time and culture (male christian slaveowners reluctant to shift power from the wealthy elite)
-slavery was intrinsic to the economy and the society of several states
-it was about the framework of government and not individual rights (individual rights were addressed in the Bill of Rights 1791)
-it was a compromise
-there was an implicit fear of power
-the Constitution left much unsaid and a lot was vague
-designed to be long lasting and not easily changed or overturned
-constitution was to be sovereign
In what ways was the constitution a compromise?
-Connecticut compromise: the senate was to have equal representation from each state, were as the House of Representatives would have representation based on population
-compromise between states with large slave populations (3/5s rule)
-compromise between Founding Fathers like Hamilton who wanted a strong central government and Jefferson who wanted power to lie with individual states
What is the necessary and proper clause?
allows congress to make laws necessary and proper to carry out federal duties and laws
Example of congress applying the necessary and proper clause of the constitution?
-Immigration Act 1924: reflected racial bias in the country and banned the entry of all Asian people into the Court
-1965 Congress passed the Voting Rights Act which banned racial discrimination in voting
Example of the vagueness of the constitution being a weakness:
-constitution said nothing about slavery
-led to a bloody civil war in 1860s
-slavery is only banned in the 13th Amendment (1865)
Example of the original constitutional not being democratic:
-didn’t give women the right to vote
-19th Amendment 1920 gives women the right to vote
In what case was the precedent of judicial review determined?
Marbury v Madison 1803
-gives the Supreme Court the power to declare laws and executive actions as unconstitutional
Example of the constitution causing government gridlock:
The separation of powers was based on the notion of mutual agreement.
Government shutdown Dec 2018 - Jan 209 lasted 35 days - a result of congress’ refusal to pass the budget which would lead to policy in areas like immigration.
What are the two main principles of the US constitution?
-the separation of powers
-checks and balances
Argument that the principle of the separation of powers is very significant in the US constitution:
-every branch is clearly checked and limited by the other two
-no person can serve simultaneously in Congress and the legislative (Hilary Clinton had to resign as Senator for New York when appointed Secretary of State)
-prevents one branch having too much power (President needs to work with congress and ensure polecat is compatible with the constitution)
-helps preserve the notion go an independent and non-political judiciary
Argument that the principle of the separation of powers is not significant in the US constitution:
-the VP is also Senate President, they have the acting vote in the event of the tie (Mike Pence used it to confirm Betsy Devos as education secretary in 2017)
-a president with a supportive Supreme Court and whose party also controls congress can wield a lot of power
-US judiciary is heavily politicised
-President has the power of the pardon which overlaps with judicial powers
What are the presidential checks on congress?
-Presidents veto acts or resolutions passed by congress
-Presidents often threaten the veto to dissuade congress from passing a measure
-Presidents can issue executive orders to by pass the need for formal legislation
-Presidents can use their commander-in-chief role to deploy US troops overseas, avoiding congressional approval of declaring war
Example of presidents vetoing acts from congress
-Obama issued 12 votes during his 2 terms
-Trump vetoed a resolution revoking his declaration of a national emergency at the US-Mexico border
Example of the president threatening the veto to dissuade congress from passing legislation
-Obama made 4 veto threats in his 2015 State of the Union Address (over Iran sanctions, diluting the Affordable Care Act, losing Wall Street Oversight and tightening immigration controls)
Example of a President issuing executive orders to bypass the need for formal legislation
-2017, Trump introduced a ban on several Muslim majority countries
Example of the President using their commander-in-chief role:
2001 & 2003, George W Bush ordered the invasion of Afghanistan and Iraq
What are the presidential checks on the courts:
-President nominates all federal justices and those to the Supreme Court
-the President can issue pardons and commutations to those convicted of federal crimes
Example of a president nominating Supreme Court justices:
Trump appointed: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett
How many death row inmates did Biden pardon in his final month as president?
31- one federal death row
What are the congressional checks on the president?
-Presidential veto can be overturned by a supermajority in both houses
-the Senate must confirm by a simple majority presidential appointments to the administration, including the judiciary
-the threat of a senate rejection is often as powerful and more frequent than the presidential veto
-congress has the power of the purse
-congress can decline to pass legislation desired by the president
-the nuclear option of impeachment
-congress has the power to block treaties negotiated by the President
-Congress can launch investigations into Presidential actions when concerns are raised
Example of the presidential veto being overturned:
-Congress overturned Obama’s veto of the Justice Against Sponsors of Terrorism Act
-Trump had 1/10 vetoes overriden
Example of the senate refusing to confirm a judicial nomination from the president:
-the last Supreme Court nominee to be formally rejected was Robert Bork 1987
-2013, the senate blocked Obama’s appointment of Robert Wilkins to the District of Columbia Court of Appeals
Example of Senate threatening the veto:
Bidens controversial 2020 pick of Neera Handed as Director of the Office of Management and Budget was withdrawn when it was clear she would not receive enough votes in the senate.
