US constitution

Question 1

key features of the constitution

Answer 1

1. representatice gov, not democratic. seen by electoral college (indirect)
2. fear of power- separated between states and federal gov. limited gov.
3. implied v. enumerated powers. e.g. pres commander in cheif enumerated.

Question 2

vagueness of the constitution being a strength

Answer 2

strength: “elastic clause”- necessary and proper to legislate and can adapt.
e.g. Immigration act 1924 banned asians in US. 1965 passed voting rights and banned racial discrimination.

Question 3

vagueness of the constitution being a weakness

Answer 3

lack of allusion to democractic principles- took decades for us to become democratic by amendments
e.g. 19th amendment 1920 enfranchised women

Question 4

gridlock due to constitution

Answer 4

requires mutual agreement from parties. however, often competition
e.g. budget proposed by preisent and approved by congress. 35 days gov shutdown between dec 2018 and jan 2019.
also threat of presidential veto

Question 5

elections in the constitution

Answer 5

organisation is in the hands of states- vary in early voting, different methods e.t.c.
e.g. 2020 elections in Georgia, neither candidate for senate race reached over 50%, so runoff election Jan 2021

Question 6

arguments for the separation of powers being significant

Answer 6

1. no one serves both leg and exec e.g. H Clinton resign as NY senator when appt. to sec of state
2. prevents 1 branch too much power. to get policy through, pres has to work with congress and consitution
3. notion of independent judiciary- vital to defence of rights

Question 7

arguments against the separation of powers being significant

Answer 7

1. VP is also senate president, and votes in tie. e.g. Mike Pence confirmed Betsy DeVos education sec 2017
2. president with supportive congress (untied) has more power
3. president power of pardon undermines judiciary power

Question 8

presidential checks on congress

Answer 8

• veto on acts of congress. e.g. Barack Obama vetoed Keystone XL pipeline and issued 12 vetos in 2 terms
• issue exec orderss to dissuade congress. e.g. 2017 trump travel ban on visitors from several countries, mostly muslim-maj ones

Question 9

presidential checks on judiciary

Answer 9

• nominates federal justices e.g. Trump; Gorsuch, Kavanaugh, Coney-Barrett
• pardons to those convicted of federal crimes e.g. Trump 73 pardons on final day in office 2021. including to former chief strategist Steve Bannon (fraud charges)

Question 10

congressional checks on president

Answer 10

• veto overturned by supermajority in both houses e.g. 2016 overturned Obama veto of Justice Against Sponsors of Terrorism Act
• senate majority of pres appts. e.g. last denied 1989 John Tower defence sec.

Question 11

congressional checks on judiciary

Answer 11

• impeach and remoce justices e.g. 2010 lousiana judge Thomas Porteous for corruption in near unanimous vote
• amendments to overturn SC verdicts e.g. 1896 court found income tax uncons. reversed by ratiication of 13th amendment 1913

Question 12

judicial checks on presidents

Answer 12

• can rule actions unconstitutional
  e.g. Hamdan V Rumsfeld 2006- ruled against military commissions set up for Bush to try members of Al Qaeda

Question 13

judicial checks on congress

Answer 13

• rule acts of congress unconstitutional
  e.g. 2013 defence of marriage act uncons in united states v windsor. major advance for same sex marriage

Question 14

how is the constitution amended?

Answer 14

1. 2/3 maj in congress, ratified 3/4 state legislatures
2. called by 2/3 states, ratified 3/4 state legislatures at ratifying conventions

only 27 amendments, 6 proposed but not ratified.

Question 15

informal constitutional amendments

Answer 15

by Supreme Court judgements- judicial review interprets the meaning of clauses
e.g. Obergefell v Hodges 2015
liberals see constitution as “living document” capable of being interpreted for modern age

Question 16

balance of power between states and federal government

Answer 16

states still important role; legislate in areas like taxes, abortion access

COVID-19 clash between federal and state: lack of central coordination and criticisms of Trump

Question 17

arguments for constitution protecting rights well

Answer 17

1. explicitly protected in Bill of Rights-entrenched
2. SCJ informal rights- “elastic clause”- including “cruel and unsual punishment”
3. doesnt prevent protection of other rights through AoCongress. e.g. equal pay act 1963

Question 18

arguments against constitution protecting rights well

Answer 18

• many groups not explicitely protected. like free and fair elections
• SC interpretations are subjective and change over time= contradictions
• congress laws could be reversed and lack emboldness of constitutional rights