Things To Know 2 Flashcards

(84 cards)

1
Q

Etv that the us constitution enhances democracy and effetcive gov

A

Loa no
Ammendment process
Sc
Principles

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2
Q

Us constitution enhances democracy- principels y

A

Prevents tyranny of larger states and singlular parties with ammendments, each state individ and equal- if proportional 5 most populaous states 37% pop
Choice of parties- 2020 presiden 10 - jo jorgenson libertarians , kaney west birthday party
C and b president propose treaty, senate ratify

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3
Q

Us constitution nehances democray no principes

A

Mann and ornstein- its even worse than it looks, sops have grown, more limited with extreme partisanship gridlock- 2018-2019 gov
In reality 2 party sustem with fptp
Threatened pwoer of pressue groups= nra

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4
Q

Reform to cnostituon needed

A

Y
Ammendment process formal
Sc
Federalism

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5
Q

Reform needed sc

A

Dahl- us constition is undemocratic and needs to be reformed
Too much power 9 unelected judges- appt similar ideology, shifted right
Vagueness great scope for interpetation
May opose thos ein public interest- reject biden moratorium on evicting when hiigh interest rates in covid

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6
Q

Sc reform not needed to constitution

A

Congress does have to approve appt- obama garland,
Sc uphold states rights- carpenter v us 2018- fed gov myust obtain a waarant for citizens cell phone location record
Bor individ rights upheld- snyder v phelps 2011 right to free speech of westbroo baptist church

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7
Q

Consgition reform- fed no

A

States lagrley indepndent- 10th ammendment allow dispersal of power on laws, culture practises,
Commerce clause-e marajuana cole memo- fed not enocfrec
Roe v wade upheld

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8
Q

Etv that fed no longer works and states not soveirgen

A

Loa no balance struck
Citixnes rights
Criminal punishment
Electoral regulation

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9
Q

Federaism no longer works and stated not soverigen- criminal punishment y

A

Sc restrictions on use of death penalty kenney v iowa 2023
Sc final court of appeal

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10
Q

Sops where seen constituuon

A

Article 123
Ineligibility clause in article 1 only be in one branch at a time

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11
Q

Cultural similiarities constitution and fed

A

History explains why- us violent uprisning condified, uk relatively not so flexibile
Flexibility both- cultural accpetabce, uk no pressure codifid , us accepts and uses sc to update

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12
Q

Fed role education

A

No child left tbehind act 2002- major expansion in fed gov role in eduction
Mandate states test children annually

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13
Q

States autonomy in handling nat crisis

A

Covid 19 10th ammendment- eahc state govenor have own state response to crisis
Democrat calidornia gov newsom first to issue state wide order close buinsesses

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14
Q

Fed gov encourages state uatonomy in nat criss

A

Fed emergency management agency
Fed gov hurricaine katrina- 120bn econ relief aid
Covid 19- cares act 2020- relief package 2.2 trn designed combat boh public health and econ impact

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15
Q

Citizens rights dictated by fed gov

A

Since 9/11
Cabinet dpt of homeland security dicttaes how states and cities respond to potential terrorist attacks

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16
Q

Appt proces cons

A

Process 2-3 nmonths, problem when death- obama exec order dapa, death scalia 4v4 didnt pass
Nominee only 33% hearing speaking, senate judiciary committee, when aim determine viability, should do more
Media broadcast appt- kavanagh elected despite unpop and sat night live did 13 min sketch about it
Politial- coney barrett, comp garland
Aba guildielines, no constitutional background, members unaccountable

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17
Q

Critics jduicial activism

A

Sc unelected and unaccountable for decisions it makes
Constitution may strike down acts of elected branches
Strike down state laws- obergefell- principle of federalism
Con undermine prior decisions- not supposed to- dobbs- politicised
Judicial review not constitutional- marbury v madison- 1803- established judicial rveiew as principle needed arbitration between exec and congress

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18
Q

Con restraint

A

Glossip v gross 2015 allow use lethal injection, only cajllenge if provision by another

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19
Q

Lib restraint

A

Whole womens health v hellerstedt 2016 upheld roe v wade

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20
Q

Lib restraint

A

Whole womens health v hellerstedt 2016 upheld roe v wade

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21
Q

Groff v dejoy 2023

A

Postal worker try to sue company for not time off sabbath evangelocal work on sunday
Did not overturn law many arguably wanted but said employwes want religious observation would result in high costs

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22
Q

Allen v milligan

A

2023
5v4 lib ruling
Court ruled that alabama had diluted power and voice of black voters by redistrciting all black voters in one area
In line public opinion 53% agree

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23
Q

Check on exec power sc

A

Hamden v rumsfeld 2006
Geroge w bush not have legal authoruity for war tribunal
5v4

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24
Q

Federalism case

A

Dc v heller 2008
5v4
1976 dc law unconstuitional seconf ammendment- outlawed handgun possession

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25
Theorists opp imperial judiciary
Hamilton- least dangerous branch Dahl - sc in constant dialogue with other branches Roberst, sc neuyral and unbiased
26
Is the sc imperial judiciary
Y unelected and unaccountable Impact of rulings Pwer on rulings
27
Imperial judiciary- y impact of rulings
Power of judiciail review- final say so diff to overturn if stare decisisi Use of of contsraint eg gerrymandering upheld 2019 in favour n carolina rucho v ocnmon cause Can overturn laws and actions from branches taht are acoountable and have. Amandate- obergefell
28
Role of sc more jduicial than political
Loa political Sc created and set out article 3 constitution Seek to uphold principles of constition thorugh their rulings Glazer- imperial judiciary- political and constitutionally beyond its role Comp wellington- judges neutral umpires, roberts- jduges are not politicians Appt process Process reaching rulings Rulings
29
Sc mroe j than political rulings
Sc cannot ecnorec rulings so relies on other branches- important legit and judicial made in order to be enforced
30
Sc more p than j ruling impact
Uphold constituon anything legit Overturn other branches obergefell May uphold powers of one political branch over another- trump v vance Explicitly political gore v bush 2001- chose president
31
Ig involved with dc b heller
67 in total 47 foor deller- pro guns- nra, foundation free expression 20- dc- american bar association, naacp
32
Dream act
2010- 6y period of concilliation from states to illegal immigrants brought into usa as children- green card eligable to citizenship Passed in house yet defeated by gop filibuster in senate
33
Immigration taken to sc
Plyer v does 1982 Arizona v us
34
Rep diversity in congress
Cnn 118th congress- no other congress has ever looked like this 28% house 12% senate- black hispanic asain amefican multiracial White 73% congress, 59% us poop 28% women record but still low 13 lgb
35
Voter id laws in us
Voting righst act 1965 proevent aainst any policu that could lead to racial divison in oting Yet voters in 7 states need photo id- diving licence, passport military id Texas voter id law disadv aa and hispanic- yet fed jjust 2016 ordered state to assist people who did not have one of acceptable forms of id Opp stict photo id- disporpo affect minority young- 1/10 no voter id, 1/4 aa, 1/5 hispanic Early voting decreased- now reduced i=onlyl in 6 states V
36
Aclu impact
Active in all states Involved in 100 new criminal justice reform bills across usa in 2018 alone
37
Civil rights electiooneering
The collective to was formed in 2016 to address the lack of black candidates for elected positions
38
Etv that the campaigns for the proetction of raicali rights have been largey unsucessfu iin usa
Loa y Congress President Sc
39
Campaign protection of racial righst unsucess congress
Congress lacking in accurate rep=- congress seiing 77% white members, pop is 60% limit extent to which cmapains for racial rights have been sucessful, congress not truly sucessful 1964 65 out of date- limited sucess recent years Partisanship in congress seen two polarised parties fail to coopp with 2013 bill on immirgation reform- ath to citizenship failing due to gop opposition- a party often staunchly against immirgation 2021- democrats attempted to updtae voting rights act further- yet due to increased partisanship- exacerbate already challenging process passing legislation
40
Racial rights camapigns unseuccs presient
Dapa fail sc us v texas 2016 President may actually revese campiagns for protection racial rights- trump inflamed racial debate- muslim travel ban- critic by un high comsioner and building us mexico broder
41
Sucess campaign racial righst sc
Landmark riling ssponsored by pg campaign- naacp in brown v board case- removed segreagtion in schools Uphold aa in 2016 texas v dihsr case Racial diversity of court improve— 2 aa, 1 hispanic- advance racial righst through interpretation constitution
42
Sucess campaign racial righst no sc
Sc more diverse- more con- 6v 3 split- led to more con rulings sc strike down aa 2023 students for fair admission v arvard- how cmapigains by pg such as students for fair admissions aim reverse portection raicial rihgts Individ biden and justci sotomayor express conccerns at removal of aa, sotomayor herself benefit from it Landmark- brown v boar- sc strike dwon measures proetct racial rights- 2013 shelby v holden reverse key aspects 1965 voting righst act- allow draconian voer id laws disproportioantely affect minoritoes Need passport or deivers licence
43
Etv that comgress is effective at its role
Loa no Legislation Representation Oversight
44
Congress effective no legislation
1/4 laws 15yth congress rename public buildings Each year 6,000 bills proposed 200 passed - 90% pigenoholed at comm stage Hosue rules comm- bills can be rushed or killed wiht 2:1 majority When unified does work- coronavirus preparedness and response appp act- 2020- 8.3 bn Increased partisnaship
45
Compromise no increased partisanship
90% vte party lines Gridlock- wall, 35 days 2018-19 comm signif power Process domiantes few- such as speaker who can choose who on house rules comm whilst those in standing Supermaority means that diff to stop filibuster- gun control legislation 2013 after sandy hook, r 2021 on voting rights legilstaion Ineffective system with reconcilliation
46
Rep congress effective
Minority rights- improved women 29% 25% senate, aa caucus Parties increased partisanship with clear policies and agendas State rep- regular elections, pork barrel politics- king of pork app comm murtha- 800 mill to his pennsylvania district 1992-2010 2008 gravina island bride to nowhehre 9000people Big dig highway project
47
No rep congress effective
Rep much lower pop women 50.8%, hispanic 10.7%, 18;5%, 13 lgb Incereasing appartisan good rep party at expense others Gerrymander solidfiy- n carolina on race lines Kaanugh all r for, all but one d against Lack compromise lead to gridlock or liquidated build back better pan Pork barrell politics bad, lobbying more chamber of commerce 100 mill, pharam 100 lonnysts on 2009 health reform act
48
Oversight congress effective veto no
President can veto- bush and obama 12 x All trump 10 vetos after lost house majority 2018 Overrule needs- 2/3 both houses. Depends suypport house- not achieved biden 2023 2019-200 overturn investment rule that allows management of retiremet funds to consider impact of climate change otehr environ factors- yet r in senate said liberal agenda
49
Theorist for increased partisanship
Rep dingell
50
Challenging negotiations and division legislation
Aca negotiations mdoerate d and con nebrasca d nelson negotaite compromise on abortion give states right to provide coverage of abortion- 60-39 senate end debate After passed r introudced legislation to repeal it Wall st refomr and consumer protection act 2010 used after 2008 crash- house 2009 223-202 senate 59 to 39 took 7 tries
51
The cares act
2020 150 bn covid relif fund 300bn one time cash apyout House agreed comproomise in senate Yet bill later cuased gridlock House of rep first approve 359 v 53 Senate 91 v7 Longest bill history
52
Personal gain of presidnet through legislation
Trump tax reform Single corp tax rate at 21 benfit himself as wealthy business owner No ohuse d supporetr- 12 r oppose- in lib areas ny
53
Weakness senate
Unanimous consent undue ifnleucen Can onlu ratify or reject treties and appt pu to it, not create on own Ie paris climate agreement Use filibuster challenging 2013 72 h sandy hook reform guns Overvalue states and sixe not proportional
54
Represent ideology of consituency
Aoc v left wing in new yroj
55
Revolving door example
House majority leader cantor 2014 once lost 2014 primary race becmae lobbyist
56
Measures taken to pass legislation
Obama to pass aca- issue order exec order 13535 - gaurentee abortion not fed funded
57
Party rebel president
2018 budget trump requetsed budget for environ protection agency cut by thrid- house republicans epa cut by 6%
58
Attempt at reform of filibuster
2022 Senate split 5050 betwen dr Biden and democrats struggling to advance legilsation such as the john lewis voting rights act Facing filibuster majority leader schumer put forward a vote to reform filibuster so only need 50 votes for clotudre motioon Defeated 48 52 Manchin and sinema vote against reform
59
Increasing yse of filibuster
Shows increasnig polarisation 116th congress used 325 times, compared to only 60 times in 108th congress
60
Example of constituency rep legisation
part of the Brady amendments to the Tax Cuts and Jobs Act 2018, copyrighted songs were defined as capital assets and subjected to a lower tax rate. This request was made by Representative Diane Black, whose district covered parts of Nashville, famed for songwriting and country music.
61
Congress checked power preisdnet financial
Block obama ecex order to close guantanimo prison- supplementary approvals act 20040 blocked funds for tranfer or release of dteainees Block trump wall leading to gridlock
62
Exec rder
Biden cancelled keystone pipeline and 100 other environmental actions of trumpin 2020 Cole memo obama - fed wont intervene drug offences unless circumstances such as firearm involved
63
Commander in chief
Biden withdraw afghanistan troops Obama 33000 surge troops Imperial presdient- schleisenger Yoo- unitary president- increased power as commander in chief
64
Theroists presidnetial power constrained
Lowi- law of presidential failure,e all do end in failure Constrained to gov- jones effectvely by sops- lose both hoses obama Neustadt president only real power is the power to persuade
65
Treaties congress ratify
2/3 votes Never paris cllimate tried- depsite in and out Start- arms reduction- 2010- 71-26 ratified
66
Domestic power strnegths
President initiates- is proactive- state of the union, appt sc, budget, control state beurecracy Has a madate- biden inflation reduction act State of union adress e Exec orde Uified gov- brooklins insitiuute found oversigt better by democrats even if dmeocrat president Size of vote- mandate Signifi states Coattails effect- ability of a presdient to bring out supporters for otehr members of same party- ie obama for democrats in congress
67
Domesic power weakess
C+b power of pruse and ocunterveto Neustadt only real pwoer, power to persuade Skinner- partisan presidency- increasingly divided congress obama 2014 Federalism dispersal of power- shared soverignty Sc- vance vtrump- Filibusteer delay tactics V small legislation passed 4% Lame duck president- a president holding office after an election they have not won- informal weak president
68
Fp strnegthhs
Us leaders world policu- international crisis- israle suppported us take swift action , proactive, nato and un power (un security council permenenat member Head of state- ceremonial national assumrance Commander in chief- defend us interests- war on terros, biden went to israel 2023 oct Exec agreements signed without senate consulation- iran sanctions, beceam etreaty later, - if iran let weapons sector check s then can develiop nuclear power not weapons, trump revoke, biden reverse Immediate actions- air strickes- obama on n pakistan against al wuada Us v curtiss-wright 1936 set a precedent, president- sole organ of the fed gov in time of international relations Depfence dpt- part of fed beurarcy controlled by presidental appt deefcence sec- obama hagel approved plans for use of tomahawk missiles agianst suyria
69
Fp weakness
Legislative/constitutional barriers Power of the purse- reactive check May try to reassert power on war- reinstate enumerated powers- war powers act 1979 (limited presdiential powe rin vietname) but patriot act relicenced under each president since buish Although lots of issues waterboarding and war tribunals Hamdan (206) hamdi (2004) rumsfeld- sc war tribunals, dont count, need right to fair trial and use torture Approval -treaties ratified- iran sanctionsm paris climate Eoucnter veto congress overwhlming support legilsation to president desk- 9/11 familuy victims sue where money comes from- saudi arabia but dont want to dmage relations- overwehlming public support Congress oversigt- ie approved intervention suyrua 10-7- senate foriegn raltions comm External factors Other countries can undermine If out of step may damage support- obama not end war afghanistan, biden did badly, bush 9/11 elongation and american detahs
70
Clinton sucess presidnet
Econ oversaw balanced budget, handed on sound econ to bush, us leads financial world, unemp 25 y low, new deomcrat fiscal con move to right Dont ask dont tell- gay people in servcies Foriegn policy- yugoslavia balkan wars through un Ireland- close arrnagements in good friday but did upset british with sinn fein Remoed incumbent goegre h bush despite him winning gulf war, couldnt keep no new taxes promises- clinton its the eocnomy stupid Most diverse cabinet at that point
71
Clinton weakness as presdient
Healthcare couldnt pass through republicans- hilary in charge Teapot movement grew- right wing Impeachment wityh lewinsky
72
Bush jnr sucess
Support with 9/11 commander in chief Created homeland security security Ecucation reform- no new child left behind- 2% increased for underprivilaedge schools, as an evangelicist wanted to do well Tac cuts- promised and delive Sucess toppled saddam hussein lt aim
73
Bush jnr weakness
No child left behind didnt work as well a hoped due to cuts and angered fed Oraq damage- hamdan and hamdi
74
Obama sucess
Healthcare act reduced 18 to 13% without healdthcare Increased employment despite econ crash 2008 Bin laden killed End iraq Messianic figure
75
Obama weakness
Republican angry at time- sebelius case 5v4 roberts changed mind Uni didnt get message across of getting more poor students in Healthcare could have gone further Prolonged war afghanistan Couldnt shit down guantanimo bay Uimmigration texas v us- right to remain too big change- tried to have greater rights to children of immigrants 2016 2014 obma out of touch- even own party not put him on lit
76
Trump sucess
Econ tax cuts brady tax bill 2017- benefit rich by cutting corperation tax 35 to 21% Unemp us leading low Diplomacy world leader nk, latin america on immigration control Covid package to avoid recession
77
Trump failure
Personally benefitted tax cuts Promise of growth fi fnot happen Diplomacy often without prep- rocket man Gridlock over wall 35 days Covid misinformation, inject bleach Storming of capitol
78
Biden sucess
Vaccine programme Inflation reduction act 200,000 more jobs- green energy esp in rustbelt Infrastucture to recover from covid £1.9trn Ira capped price insulin- in state of union adress America rescue plan expand child tax credit, enhance social security Respect for marriage act 2022- cements oberefell Exe corder pardon thousands marujuana Rejoin paris climate Ukraine- sgtrong lead met z,
79
Biden weakness
Israel many countries refused to meet Promise buld back not seen as much Afghanistan reombal disasteras— lack state building, taliban in control, lots left Upset republicans by increasing tax- 25% min millionaires, $150bn cut non defence, eg education std
80
Etv president is most pwoerful branch of gov
Ecec banch, sops aim prevent tyranical ruler ff Loa y Commander in chief, legislative, sc
81
Presdient most powerful branch- y legslaturve
Stateoo f union- tv and highlyt repirted- strengtheens when can achieve with biden 2023 ira capped price insulin Ecex order biden oppose 100 trunmp environmental exec order inc keystone pipeline- defined himself Signifng statement- national defence authorisation act - 2011 stated concerns over detention, interrogation, supported terrorists greater control on criminal justice system, previously defearted on guantanimo
82
Exec offic eof presient
Exop Designed to be flexible- v few positions require senate confirmed Meant to be fluid to adapt to presidents style Diff to pin down exactly how many people currently work in exec office Headed by white house chief of staff Main three agencies- nsc, who, onb
83
Nat security council
Formed under truman Main body used by the president for the formation of policies relating to national security and foriegn policy Formed by president, vp, secretary of state, sec of defence, national security security advisor Military advisors and intelligence advisors will participate on a regular basis
84
Nat security council
Formed under truman Main body used by the president for the formation of policies relating to national security and foriegn policy Formed by president, vp, secretary of state, sec of defence, national security security advisor Military advisors and intelligence advisors will participate on a regular basis