Flashcards
Topic 1 - US Constitution
Flashcards do conjunto (26)
- 1Explain US system of government- Federal system
- A Republic
- President = head of State and Gov
- Contrast to British unitary system
- a written/codified constitution
- Powers of individuals and states = protected/difficult to change - 2Explain separation of powers- Written in constitution by Founding Fathers
- 3 branches of gov. = separate
- Executive, Legislative, Judiciary
- stop 1 branch from being too powerful
- can't be member of more than one branch at once
- 2008, Obama = when elected Pres. had to step down from Senator of Illinois
- Exclusive powers of state gov = taxation
- UK contrast = be MP to be PM
- CHECKS AND BALANCES
- e.g. Congress/President = impeachment
- Criticism as crossover in powers?
- During Congress gridlock = VP has power of final vote - 3Explain limited Government- Founding Fathers not want a strong federal government
- Separation of powers
- outlined limits/restrictions in the constitution
- Executive, Legislative, Judiciary
- Checks and balances
- Each branch limit the others - 4Define Federalism- Structure of US Government
- Division of political power between NATIONAL and LOCAL government
- Separation of Powers
- Protect the individual interests of states
- Exclusive power of state gov = property and good TAXATION
- Consequently state laws = vary greatly
- driving age, drugs, capitol punishment
- 2017 Trump withdraw from Paris climate accord BUT NY, Cali, Washington (+8 others) follow guidelines in state law
- Contrast to UK unitary system = fusion of power, 'no taxation without repres." - 5How has federalism changed?- Population growth - 300 million citizens vs 4 million in 1790 = need for high gov action
- Expansion - 13 colonies to 50 states
- Great Depression - FDR's New Deal
- 16th amendment = right to impose income tax - 6What is New Federalism?- changing system of federalism
- 1970's movement of power to state gov.
- Decentralisation
- Growing distrust of Washington politicians - 2016 Trump "drain the swamp" - Watergate 1970s
- Too much money/power in federal Gov
- LBJ's Great Society and FDR's New Deal
- Typically associated with Republicans
- BUT 1996 Clinton, "era of big government is over" - 7Federalism under OBAMA- Greater federal involvement in domestic policy = typically State level
- Obamacare = 'end of federalism' ???
- Education = 'Race to top' programme = $4 billion state investment (2009)
- 2011 = American Jobs Act - tax cuts and funding to modernize schools
- 2016 exit poll = only 29% happy with current Federal Gov - 69% :(
- 50% believe gov. were doing "too much" - 8Federalism under BUSH- Despite REP = largest increase in federal spending since 1960's
- Spending up 33% in Bush first year
- Federal budget increase by 2.1% in 2008
- Fed. Department of Education - 'No child left behind Act' - 2006 = $93.4 mill
- Medicare = expansion bill estimated $400 billion - 9Explain constitutional sovereignty- Constitution = supreme law
- all laws to be made in accordance with it
- Outlined within constitution
- Source of all government powers
- Provides imp. protection of citizens fundamental rights
- Bill of Rights = first 10 amendments - freedom of speech, religion, right to bear arms, to remain silent
- UK CONTRAST where Parliament = sovereign
- However = can be interpreted differently - power to states/people
- Dual sovereignty with US states? - 10What are the 7 articles of the US constitution?1) Established a legislative branch - CONGRESS
2) Established an executive branch
3) Outlines Judicial Branch
4) Outlines system of Gov - fed/state
5) How constitution is amended
6) Outlines constitution as the SUPREME law = sovereignty
7) How states ratify the constitution - 11Federalism under TRUMP- less threat of a divided gov as Republicans hold majority in congress/exec.
- creation of strong, central gov?
- 2017 Trump withdrawal from Paris Climate Accords BUT many states decided to enforce regulations in state law - 12How can the constitution be amended?- Proposed amendment = 2/3rds majority in both Congress chambers
- Ratify amendment = 3/4ths of State governments must agree in time period
- difficult = suggests lack of flexibility
- last amendment 1992
- need for SUPER MAJORITIES - 13What is the Bill of Rights?- first 10 constitutional amendments
- Felt that little in place to protect the rights of individuals
- e.g. Freedom of speech/religion/assembly, Right to bear arms, Right to remain silent
- since have only been 17 other successful amendments - 14Examples of unsuccessful amendments- 2006 Flag desecration = banning burning of US flag against freedom of expression
- 2011 Saving American Democracy Amendment = Bernie Sanders campaign to ban corporate election donations
- 2016 Abolishment of Electoral College = after Trump victory and electorate angry that didn't win popular vote. - 15How does the Executive branch influence checks on other branches?- JUDICIARY
- appointment of judges and pardons
- e.g. Obama appoint 2 Supreme Court judges - Kagan, Sotomayor, Trump appoint Gorsuch (2017), Obama reduce 1715 prison sentences
- LEGISLATIVE
- recommend and veto legislation
- e.g. State of Union address - Obama healthcare, Bush 'war on terror', Obama and Clinton veto 12 times each - 16How does the judiciary branch influence checks on other branches?- EXECUTIVE
- judicial review = actions of any exec. member as unconstitutional
- e.g. 1974 Nixon tapes = resignation, 2017 Trumps travel ban executive order
- LEGISLATIVE
- judicial review = legislation
- e.g. 2012 Obamacare ruled constitutional as income tax, 1998 Line Item Veto Act unconstitutional - 17Checks by the legislative branch on the executive- Amend/delay/reject legislation
= 2017 Trump repeal Obamacare rejected, Ob. gun/immigration reform :(
- Override Presidential veto
= 7% overrides successful, Obama last veto = overridden (2016)
- Control over executive budget
= 2007 limit Bush Iraq funding
- Ratify Treaties and Declare War
- Senate confirm Presidential appointments
= 2016 refuse to investigate Garland
- Investigate exec. actions
= 2017/18 investigation into Trump links with Russia
- Impeachment
= Clinton 1998, Nixon 1974 - 18Checks by legislative on the judiciary- Impeachment
= 3 Federal judges in 1986-89
- Propose constitutional amendments
= not used often as amendments so difficult/rare
= Congress suggest 16th amendment of income tax - 19Political impact of Separation of powers- Checks and balances = encourage bipartisanship/compromise - Bush 2001 work with Demo on education reform
- Gridlock = :( - policies blocked as result of partisanship - 2018 federal breakdown over federal budget
- Divided Government = different parties control various branches of gov. - Obama lost control of Congress - 2012 midterms
- BUT divided gov = more effective as allows for greater scrutiny - 20Arguments that constitution is RIGID- Written, codified constitution
- Very few amendments - only 27 including the Bill of Rights - despite public support
- Difficult amendment process = super majority = several amendment failures - e.g. 2006 Flag desecration
- Past amendments - 1920 Prohibition amendment removed in 1934 = cautious of further change/too easy?
- UK CONTRAST - as flexible, un-codified constitution - e.g. conventions - 21Arguments that constitution is FLEXIBLE- a 'living' document - update effectively for 21st century = e.g. 2015 gay marriage
- Allows for Judicial interpretation/review - not explicitly part of constitution yet allows document to remain updated
- Vague wording of the constitution - the 'elastic' article + unspecific language allows for modern evolution = e.g. Cabinet, Primary elections, PGs, political parties
- Change occurs with overwhelming public support = inline with public opinion - QUESTIONABLE ??? - 22Does the Constitution still work? NO/TOO WEAK- Amendment process = too difficult making it hard to reflect desires of public - gun control and 2018 March For our Lives
- Judicial Review = gives unelected body too much power to amend constit. meaning - e.g. 2012 Obamacare as 'income tax'
- Some features not important/effective as necessary for the Founding Fathers - e.g. War declaring powers
- Gridlock caused by checks and balances/partisanship = little gets done - e.g. 2018 Government shutdown over federal budget
- Difficult to hold politicians accountable - 23Does the Constitution still work? YES- Federalism = good compromise between strong nat. gov and diverse state gov.
- Adaptable to changes in society
- Thorough amendment process = prevented 'damaging' amendments - e.g 2006 Flag desecration
- Citizens remain protected - Bill of Rights, Congress, PGs, Judicial review
- Judicial review = creation of an 'interpretative' document - 24Arguments that constitution is TOO STRONG- Typical Republican argument = against federalism and big government
- Too high levels of taxation = shown in emergence of 'Tea Party' movement
- High Gov. involvement in education and social welfare - 2008 Obamacare and 'Race to the Top' programme
- Growing domination of PGs - e.g. NRA, AARP = 40 million members, AFL-CIO
- Supreme court = support federal growth
- Constant battle with federal budget - e.g. 2018 Gov shutdown for 3 days - 25Constitution and gun control- 2nd amendment outlines "right of the people to bear arms"
- HOWEVER great controversy as collective right/individual right
- result of vague wording
- Difficult to achieve change/amendments - even within Supreme Court
- 2008 DC v Heller, 1997 Printz v US
- Originalist view
- Influence of NRA = "people kill people", "a good guy with a gun"
- Obama repeated attempt at gun control but blocked by Republican Congress = separation of powers// - 26Define entrenched rights- The rights which are explicitly outlined in the US constitution - Bill of Rights
- Protected by fundamental law/constitutional sovereignty
- Individual rights of citizens
- Freedom of speech, Right to remain silent, right to bear arms
- Considered part of original constitution
Informações
- Descrição
- - Government & Politics FlashCards sobre Topic 1 - US Constitution, criado por Emily Bevis em 21-03-2018.
- Criado por
- Emily Bevis
- Visualizações
- 92
- Tags
- Avaliação