US Constitution- Principles/Features of the Constitution

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18 Terms

1
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What are the principles/features of the US Constitution?

Federalism, separation of powers, checks & balances, bipartisanship, limited government

2
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How/Where does the constitution establish federalism?

The 10th amendment gives reserved powers to the states, article 4 outlines federalism

3
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Example of successful federalism?

States have independent laws and autonomy: e.g California allows abortion whereas it's entirely outlawed in Texas/California legalises cannabis

4
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Example of unsuccessful federalism?

The federal government is growing in size (e.g Obamacare, more agencies/departments) Gonzales v Raich the SCOTUS rules that the Drug Enforcement Administration is allowed to arrest people using medicinal marijuana despite cannabis being a reserved topic

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Where/How does the constitution establish checks and balances?

In articles 1,2 & 3 they establish the powers of branches and this gives them powers to check each other

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Example of successful checks and balances?

Trump's veto of the 2021 defense spending bill was overriden (both sides employ their powers to check). Also Clinton v New York ruled the line item veto unconstitutional- SCOTUS keeps President from encroaching excessively on Congress' power

7
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Example of unsuccessful checks and balances?

Some branches have weaker checks-E.g President's veto can be overridden, they can lead to gridlock e.g 35 day long govt shutdown under Trump

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Where/How does the constitution establish separation of powers?

Articles 1,2 & 3 establish how different branches are voted, Congresspeople can't be in the executive or court and vice versa. They're different branches with independent roles

9
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Example of successful separation of powers?

Judges are able to judge against the government- e.g Boumediene v Bush 2008 (life tenure, fixed wages)

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Example of unsuccessful separation of powers?

President has taken over Congress' unique power to 'declare war'. No declaration since WW2, Obama Libya 2011

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Where/How does the constitution establish bipartisanship?

From things which require a supermajority- e.g ratifying treaties, overriding vetoes, proposing constitutional amendments

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Example of successful bipartisanship?

Infrastructure Investment and Jobs Act 2021 was bipartisan, there have been amendments e.g 26th

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Example of unsuccessful bipartisanship?

Increased government shutdowns shows failure of bipartisanship. E.g 35 day one under Trump

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Where/How does the constitution establish limited government?

Bill of rights establish rights, there are limits on federal govt/states,-- the government should be as big as necessary but not bigger

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Example of successful limited government?

The SCOTUS protects citizens from the government infringing on their rights-- E.g Boumediene v Bush 2008 it is ruled that the 2006 Military Commissions Act is unconstitutional for limiting access to legal rights of habeaus corpus

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Example of unsuccessful limited government?

Despite the SCOTUS, Guantanamo Bay remains open today with 30 prisoners

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Shelby v Holder 2013

SCOTUS finds strikes down part of the Voting Rights Act because the federal govt is infringing on state power over electoral law

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What key policy was Obama re-elected on in 2012?

Obamacare-- this policy had a clear and strong mandate/public support