US: Constitution

Question 1

What are the three key aspects of the nature of the constitution? (from textbook)

Answer 1

Codification - The US constitution is the collected and authoritative set of rules of American government and politics.

Vagueness - The constitution is a blend of specificity (enumerated powers, articles I, II, III) and vagueness (eg article I section 8 ‘necessary and proper’) that aids compromise but also leads to significant conflict and disputes over interpretations.

Entrenchment - The constitution is protected by law - specifically Article V - meaning that it is difficult to amend.

Question 2

What are the four fundamental principles of the constitution?

Answer 2

• The separation of powers
• Checks and balances
• Bipartisanship
• Federalism/limited government

Question 3

Give 3 ways the checks and balances of Congress are effective

Answer 3

Congress -
Checks the executive by controlling legislative agenda, having some control over FP and having some ability to override the president’s veto.
E.G: John Tower ‘89, Harriet Myers ‘05, Merrick Garland ‘16

Question 4

Which article gives the President a clear set of formal powers? Provide the examples of these powers.

Answer 4

Article II
1. Executive - The president is the chief of the federal government. The president prepares the annual budget, although they must submit it to congress.

2. Legislative - The president proposes legislation to Congress. The president signs legislation passed by Congress to make it law. The president can veto legislation passed by Congress to prevent it becoming law.
3. Appointment - The president nominates officials to the executive branch (although some of these must be confirmed by the senate). The president nominates all federal judges (although they must all be confirmed by the senate).
4. Foreign affairs - The president is commander-in-chief of the US military and can ‘initiate military action’. The president negotiates treaties with foreign powers (although the Senate must ratify them with a 2/3 majority).

Question 5

Give 3 reasons why/examples of how the checks and balances between the three branches of the federal government are NOT effective.

Answer 5

Legislative-
Cannot effectively control power of exec due to size (slow to react), hyperpartisanship (hard to override veto, impeach, suspend among other things)

Executive-
President is imperious, and can ‘steer’ the nation with use of the bully pulpit, command of armed forces, EOs and EAs. “we will reach out our hand if you will unclench your fist”

Judicial-
Strike down laws and EOs, EAs that are deemed unconstitutional. (DAPA, PPACA)

Question 6

how do presidential vetoes show the functioning of the federal government is impeded by checks and balances.

Answer 6

Can block legislation that comes from a united Congress. E.G: Trump shut down the government in 2018:vetoing the annual budget after it did not include his border wall

Question 7

List the ways which Congress can check and balance other branches.

Answer 7

Congress - 
Passes Laws
Power of the Purse
Declarations of War
Congressional Hearings & Investigations
Executive Appointment Hearings ‘advice and consent powers’
Power of Impeachment
Veto Override

Question 8

Number the amendments that abolished slavery, gave women the right to vote, and reformed the succession to the presidency.

Answer 8

• 13th Amendment, December 6, 1865
• 19th Amendment, August 18, 1920
• 25th Amendment, February 10, 1967

Question 9

List the ways which the president can check and balance other branches.

Answer 9

Presidential Veto
Commands armed forces in military action
Use of Executive Orders
Executive appointments such as Judges (e.g. Supreme Court justices)

Question 10

List the ways which the supreme court can check and balance other branches.

Answer 10

Rules whether laws are unconstitutional
Determines whether executive actions are unconstitutional (e.g. Supreme court rules that both DAPA and Medicaid are unconstitutional and strips both)

Question 11

how does judicial review show the functioning of the federal government is impeded by checks and balances.

Answer 11

Can impede legislation that passes president and Congress, even if it potentially has a great popular mandate. E.G: Caused problems with the roll out of Obamacare. SC case National Federation of Independent Businesses v Sibelius 2012.

Question 12

how does treaty ratification show the functioning of the federal government is impeded by checks and balances.

Answer 12

The difficulty of getting treaties ratified by the Senate leads presidents into relying on EAs. E.G: Obama entered Iran nuclear deal, Paris climate agreement, Trump simply rescinded the EAs (not legally binding. Biden has since re-entered Paris and is working on Iran.

Question 13

Give 3 ways the checks and balances of the Executive are effective

Answer 13

Checks the legislative with use of veto, appointments of SC. and EOs
E.G: War Powers Act does not apply in Yemen ‘18-‘19

Question 14

Give 3 ways the checks and balances of The Judiciary are effective

Answer 14

Checks the leg and exec by striking down EAs, EOs, legislation.
E.G: Defence of Marriage Act struck down 2015

Question 15

ETVT the US system of checks and balances has failed

Answer 15

INTRO: While the formal powers of the branches are effective in preventing tyranny, this is outdated as the informal powers of the branches are not extra-constitutional

1. President
   - Congress can amend/delay/reject pres. leg. proposals, e.g. Trump saying he would “repeal and replace” Obamacare but blocked by Congress
   - Can override the presidential veto e.g. JASTA veto overriden 2016, or can refuse a Supreme Court appointment (Merrick Garland)
   - “Power of the purse” e.g. Foreign Assistance Act 1974 shut off Vietnam funding
   PIVOT: Informal powers of the president such as EOs and EAs do not have to pass formal checks (e.g. Paris Agreement 2016, China trade agreement 2015 and Nuclear deal with Iran 2015, DACA)
   - President still holds power to appoint SC justices which adhere to his political ideology
   - To date, no president or vice president has ever been removed from office by impeachment- therefore, impeachment ineffective
   - Only 5% of presidential vetoes have ever been overriden (out of 2500 since 1789)
2. Congress
   - President can veto regulation (e.g. Trump vetoes the Iran War Powers regulation). Most vetoes overturned in last 30 years is 4 for GWB- vetoes rarely overturned
   - SC can declare Congressional legislation as unconstitutional (e.g. US v Windsor 2013)
   PIVOT: Judicial review not in the constitution, therefore, as question suggests one of the biggest checks on Congress after the veto is not in constitution
   - President can mobilise troops without Congressional approval (Libya and Syria in 2011)
3. Supreme Court
   - Congress can propose constitutional amendments to overturn SC decisions (e.g. 16th amendment in retaliation to SC declaring federal income unconstitutional)
   - Can impeach and try members of the courts (8 members of judiciary have been successfully impeached)
   - Presidential pardon can overturn judgements of the judiciary (Trump pardoned many of his staff)
   PIVOT: Presidents have tried and failed to pardon themselves (e.g. Nixon and Trump)
   - Difficulty of constitution to be amended means there is little likely challenge (especially with today’s Republicans)
   - Judicial review creates too much power for the Supreme Court and there is no way to check it after the appointment process (e.g. Presidents disappointed in nominees who were secretly more liberal than thought (GWB and Eisenhower both said))

Question 16

ETVT The US constitution is no longer fit for purpose in terms of limits on branches

Answer 16

1. Limits on the branches
   - Necessary and proper clause both restricts and gives freedom to Congress, based on what they see fit
   - 10th amendment means that constitutional convention of 1787 which was to protect the states stays ok
   PIVOT:
   - War powers act grants president tyrannical authority
   - Article 6 means federal comes first
   - Vaccine mandate is also overstepping what is acceptable in terms of branch limits

Question 17

What are the three purposes of the constitution?

Answer 17

1. Relations between branches
2. Limitations on branches
3. Relationship between government and governed

Question 18

How does the constitution ensure limitations on branches?

Answer 18

1. Article 6: Supremacy Clause

2. 10th amendment unspecified powers

Question 19

How does the constitution protect the relationship between government and governed

Answer 19

1. Electoral College every 4 years

2. Bill of Rights enshrined

Question 20

How does the president check the other two branches?

Answer 20

Congress: Veto bills
Judiciary: Appoint judges and pardon

Question 21

How does Congress check the other branches?

Answer 21

President: Impeachment and 2/3 override veto
Judiciary: approve federal judges

Question 22

How does the judiciary check the other branches

Answer 22

President: Declare presidential acts unconstitutional
Congress: Declare laws unconstitutional

Question 23

ETVT the constitution is not fit for purpose in terms of relations between the branches

Answer 23

2. Relations between branches
   - Effective checks on Obama, DAPA rejected plus after he was out of office Trump pulled out of the Paris Agreement
   PIVOT: Necessary for Trump to get involved to pull out of the Agreement
   - Furthermore, they have now become party issues, Biden re-joining Paris agreement in 2020 and “preparing” to re-join Iran Nuclear deal (possibly binding future)
   - Government shutdown under Trump due to disagreement over border crisis (18 and 19)
   - Supreme Court wielding too much power and practically no checks after Marbury and Madison since amendments are so hard

Question 24

ETVT the constitution is not fit for purpose in terms of the relation between government and the governed

Answer 24

3. Relationship between the government and the governed
   - Electoral college protects the rights of smaller states to have a say in elections
   - Bill of Rights is constitutional enshrined
   - Vague enough to be adapted for example, Obergefell and Griswold happening in penumbras of the constitution + equal suffrage and are enshrined
   PIVOT: slave-states making it hard for POC to vote (photo-ID laws)
   - Supreme Court hears 100-150 cases every year (with far more proposed) which shows how unsuitable the constitution is
   - Electoral college is undemocratic which does not protect all citizens rights
   - Fossilised constitution, e.g. 2nd amendment, does not reflect the protection that today’s citizens wants or require
   - US government has consistently persecuted government whisteblowers- placing the Espionage Act of 1917 over the constitutional right to freedom of speech (edward snowden 2013)

Question 25

What does Ronald Reagan think about the government?

Answer 25

"The 9 worst words in the world you can hear are, 'I'm from the government and I'm here to help'"

Question 26

What are three examples of President's wielding a large amount of financial power over Congress

Answer 26

1. FDR's New Deal 1933 2. Obama's ARRA 2009 3. Biden's BBBB 2021

Question 27

Evidence that the constitution still adheres to bipartisanship (for and against)

Answer 27

1. Violence against Women Act 1992 passed with hundreds of Republicans crossing the floor 2. Government shutdown 2019 over border wall 3. Biden stimulus package has no Republicans backing it despite COVID

Question 28

Examples of states rights in the constitution (for and against)

Answer 28

1. Shelby County v. Holder (right for states to hold their own elections without government pre-clearing) 2. D.C. v Heller DC not allowed to make their own laws banning handguns (2nd amendment) 3. Brown v Board states cannot establish racial segregation as it is unconstitutional

Question 29

Smacking children and devolution?

Answer 29

1. Scotland banned smacking children 2020 2. Wales banned smacking children 2022 3. Westminster does not want to ban it