12943442
Description
Flashcards by Emily Bevis, updated more than 1 year ago
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Created by Emily Bevis
over 6 years ago
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| Question | Answer |
| Explain 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 |
| Explain 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 |
| Explain 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 |
| Define 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." |
| How 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 |
| What 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" |
| Federalism 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" |
| Federalism 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 |
| Explain 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? |
| What 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 |
| Federalism 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 |
| How 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 |
| What 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 |
| Examples 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. |
| How 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 |
| How 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 |
| Checks 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 |
| Checks 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 |
| Political 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 |
| Arguments 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 |
| Arguments 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 ??? |
| Does 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 |
| Does 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 |
| Arguments 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 |
| Constitution 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// |
| Define 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 |
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