US POLITICS
- Created by: CarlaBa
- Created on: 21-03-19 10:36
View mindmap
- US POLITICS
- Constitution
- written in 1787, ratified in 1789
- Key features
- Vagueness: allows it to be interpreted and adapted over time
- Codified
- Sovereign
- Entrenched
- Constitutional framework
- Gives each of the 3 branches of government enumerated powers
- Executive branch
- Recognises other countries
- Nominates federal judges
- Negotiates treaties
- Commander-in-chief
- Grants pardons
- Vetoes legislation
- Recognises other countries
- Legislative branch
- Collects taxes
- Borrows money
- Ratifies treaties and appointments
- Declares war
- Regulates trade
- Judicial branch
- Inference of judicial review
- Wasn't formalised until Marbury v Madison (1803) and Fletcher v Peck (1810)
- Inference of judicial review
- Executive branch
- Gives each of the 3 branches of government enumerated powers
- Amendment process
- Amendment processes outlined in Article 5.
- 2 Stages:
- 1) Proposal stage at national level
- 2/3 of Congress must agree to a proposed amendment.
- Congress can place a time limit on the ratification, typically 7 years.
- 2/3 of Congress must agree to a proposed amendment.
- 2) Proposal stage at state level
- 3/4 of state legislatures must ratify it.
- 2/3 of Congress must agree to a proposed amendment.
- Congress can place a time limit on the ratification, typically 7 years.
- 2/3 of Congress must agree to a proposed amendment.
- 3/4 of state legislatures must ratify it.
- 1) Proposal stage at national level
- 2 Stages:
- Amendment processes outlined in Article 5.
- Principles
- 1) Separation of powers
- 2) Checks and balances
- 3) Bipartisanship
- 4) Limited Government
- 5) Federalism
- Shared sovereignty between state and federal gov.
- eg states have the right to run their own elections, powers not enumerated go to the states
- SC supported state's rights (Texas v US 2016)
- Federal gov has grown in size; eg Obamacare
- Federalism
- Concurrent powers; powers the states and federal governments share
- Factors affecting federal-state relationship
- 'Necessary and proper' clause allows federal gov considerable growth
- With growing globalisation the fed gov alone has the funds to deal w issues such as terrorism or natural disasters
- If state and fed law conflict, fed law usually wins, but SC does sometimes favour state rights
- The 'commerce' clause allows fed gov to regulate interstate trade. Grants more power.
- Shared sovereignty between state and federal gov.
- Enumeration of powers limits gov power; Bill of Rights protects citizen's rights from gov.
- SC has protected citizen's rights: eg Carpenter v US (2018)
- Guantanamo bay remains open, infringes citizen's rights
- 5) Federalism
- 2/3 requirement and veto override
- USA seems more partisan than ever, with multiple government shutdowns in the last 6 years
- Use of the veto override demonstrates bipartisanship can be achieved
- 4) Limited Government
- They are outlined in Articles 1, 2, and 3.
- Branches remain separated and can act independently
- President has usurped some of Congress' powers eg. military control
- Use of checks such as veto and override demonstrate their importance
- Lead to gridlock and government shutdowns
- 3) Bipartisanship
- Powers divided into 3 branches of Government
- They are outlined in Articles 1, 2, and 3.
- Branches remain separated and can act independently
- President has usurped some of Congress' powers eg. military control
- They are outlined in Articles 1, 2, and 3.
- 2) Checks and balances
- 1) Separation of powers
- Congress
- Structure
- Senate
- 100
- Every state has 2. The one who has served the longest represents the state.
- 6 year term
- 1/3 elected every 2 years
- Must be at least 30, and citizen for 9 years
- 6 year term
- House
- 435
- Each state must have at least 1.
- 2 year term
- Must be at least 25, citizen of US for 7 years
- Senate
- Powers
- Concurrent
- Exercised by House & Senate
- Constitutional amendments
- Declaring war
- Confirming a new vice-president
- Passing legislation
- Exercised by House & Senate
- Exclusive
- Senate
- Confirm presidential appointments
- Ratify treaties
- Elect VP if EC deadlocked
- Try cases of impeachment
- House
- Elect pres if EC is deadlocked
- Initiate money bills
- Bring cases of impeachment
- Senate
- Concurrent
- Function
- Representative
- Incumbency rates are high
- Due to...
- Name recognition
- Legislative record
- Congressional franking privileges
- Gerrymandering
- Due to...
- Incumbency rates are high
- Legislative
- Create, scrutinise, amend and delay legislation
- Strengths and weaknesses
- High level of security
- Prevents tyranny
- Unanimous consent means bipartisanship is inevitable
- Incredibly slow
- Gridlock
- Strengths and weaknesses
- Create, scrutinise, amend and delay legislation
- Oversight
- Powers
- Impeachment
- Investigation of action of executive branch
- Determining funding
- Declaring war
- Ratification of appointments & treaties
- Impeachment
- Powers
- Representative
- Structure
- President
- Supreme Court
- Nature
- Judicial Review
- Created by SC in Marbury v Madison 1803 and Fletcher v Peck 1810.
- Means they can declare acts of any branch of government unconstitutional
- Independence; protected through...
- Separation of powers
- Life tenure
- Protected salary
- Appointment process
- A vacancy occurs
- Presidential nomination
- American Bar Association rating
- Senate Judiciary Committee holds hearings
- Full Senate vote
- Senate Judiciary Committee holds hearings
- American Bar Association rating
- Presidential nomination
- Ensures independence
- Ensures nominees are qualified
- Politicised by Pres and Senate
- Involvement of elected branches gives some accountability
- A vacancy occurs
- Receives approx. 8000 cases a year but hears 60-100 of them
- Judicial Review
- Public policy
- Has 3 potential impacts on public policy...
- By upholding constitutionality, it protects policy
- Occasionally this results in new policy
- By striking down constitutionality, it removes policy
- Occasionally this results in new policy
- By upholding constitutionality, it protects policy
- Has 3 potential impacts on public policy...
- Nature
- Elections
- Parties
- Interest groups
- Comparison
- Constitution
- Amendment Process: Evaluation
- Process works; 27 amendments made
- Has endured the test of time
- Process requires bipartisanship; prevents tyranny of one opinion/party
- Protects federalism
- Requirement for supermajorities makes the process too difficult
- SC has too much power for an unelected body
- Can allow for tyranny of the minority
- Process makes it hard to update it for modern society
- Evaluation: the US constitution
- Interpretive amendments allow the constitution to remain flexible
- Interpretation of constitution by SC allows for non-partisan interpretation
- Amendment process has allowed some change, and protected from drastic/frequent change
- States have remained largely independent
- Fed gov hasn't amassed undue power
- Interpretation of constitution by SC allows for non-partisan interpretation
- Interpretive amendments have reduced state rights
- SC has too much power over the constitution
- Amendment process inhibits necessary change
- State power has decreased while fed gov power increased
- Interpretive amendments have reduced state rights
- SC has too much power over the constitution
- Amendment process inhibits necessary change
- State power has decreased while fed gov power increased
- State power has decreased while fed gov power increased
- Interpretive amendments have reduced state rights
- State power has decreased while fed gov power increased
- Interpretive amendments allow the constitution to remain flexible
- Effectiveness of Congress
- Representation
- Who does it represent?
- Descriptive
- Interest groups
- Districts/states
- party
- constituents
- congressional caucuses
- Who does it represent?
- Joint
- House
- Senate
- Impeachment
- Effective threat
- Failed to successfully impeach 3 times
- Effective threat
- Declaring war
- Has used 11 times. not since ww2
- Arguably has little choice/power
- Representation
Comments
No comments have yet been made