US Gov & Poli- The Nature of the US Constitution: The Constitutional Framework

What is the nature of the US constitution?

Codified, entrenched, vague, judiciable

How many amendments does the US constitution have?

27

When was the last US constitutional amendment?

1992

Example of a failed US amendment?

The 1971 Equal Rights amendment which should've ensured equal legal rights despite sex, this had a supermajority of support until 5 states revoked their ratification (its questionable if states can even do this)

Example of the constitution's vagueness

'the necessary and proper clause' or 'elastic clause'

What does the 'necessary and proper clause' do?

Gives congress implied powers which extend past those listed explicitly in the constitution

Which case upheld the 'necessary and proper clause'?

1819 McCulloch v Maryland case upheld that Congress had the power to establish a national bank although this isn't listed in the constitution through this clause

Example of the later usage of the 'necessary and proper clause'?

1942 Wickard v Filburn case used this clause to justify federal regulation of agricultural production and consumptiojn

How does the constitution outline the government to operate?

Three branches of government, separation of powers (sharing powers), establishes the system of checks and balances

What checks does Congress have on the President?

Overriding vetoes, ratify appointments, ratify treaties, big legislative power (amend, delay, reject bills), power over appropriations (power of the purse), power to declare war through AUMF, can ignore the President's legislative agenda, impeachment

What is AUMF? How many times has it been used?

Authorisation for the use of military force-- used 11x

What checks does Congress have on the judiciary?

Proposing & ratifying constitutional amendments, the creation of lower courts, limiting the appeals heard by the SCOTUS, impeachment of justices, ratifying judicial appointments (affects ideology)

Example of Congress attempting to limiting the appeals heard by the SCOTUS?

2006 Military Commissions Act tried to stop Guantanamo detainees from being heard by the SCOTUS

How many times have justices been impeached?

3x-- uncommon

How are constitutional amendments a check on the SCOTUS?

The constitution is the source of the courts power, so changing this can change or limit the court's power, constitutional amendments can override previous judicial decisions

Example of an amendment overturning a judicial ruling?

The 16th amendment overturned Polloch v Farmers Loan & Trust Co. allowing congress to raise income tax

What checks does the President have on Congress?

Signing/vetoing legislation, suggesting legislation, commander-in-chief of the army (unilateral war power), calling special sessions of congress

What checks does the President have on the SCOTUS?

Appoints justices in vacancies, grants pardons and commutations

What checks does the SCOTUS have on the President?

Can rule executive actions unconstitutional through the power of judicial review

Example of the SCOTUS ruling presidential action unconstitutional?

Clinton vs New York 1998 labelled the line-item veto unconstitutional

What checks does the SCOTUS have on the Congress?

Ruling legislation unconstitutional

Boumediene v Bush 2008

Ruled that the 2006 Military Commissions Act was unconstitutional because it restricted Guantanamo detainees usage of habeas corpus and access to federal courts

How much support in the House is needed for impeachment?

Only a bare majority-- its easier and more common than removal which has never happened

Example of successful significant treaty recently?

2010 New START Arms Reduction Treaty (US and Russia)

How was Obama successfully checked over Libya?

After criticism over Libya, he did show more deference in relation to Syria by backing out of plans for a military strike and passing a 2013 bill showing need for congressional consent

Bush's signing statement on the 2005 Treatment of Detainees Act:

He ordered the federal agencies to ignore Congress's ban on enhanced interrogation techniques- president implied powers

How did Trump stop Sanders from using the WPR to check him?

He vetoed a bill proposed by Sanders which would have invoked the WPR for Trump's action in Yemen

Which President threatened court packing?

FDR-- 1937-- the court reacted to this threat by ruling in a way that allowed FDR's new deal

How many shadow docket cases did SCOTUS hear under Trump? How many in the 16yrs prior?

28 under Trump vs 4 in the prior 16yrs --Trump able to use courts to expand his power

Which bill did Obama veto despite 2/3 of the public supporting it?

Keystone XL Pipeline Project (infrastructure thing)

Obama successful Obamacare veto:

He successfully vetoed the 2016 budget reconciliation act which aimed to end Obamacare's extension of medicaid-- successful check on Congress

Congress failing to check SCOTUS after Texas v Jackson

Failing to pass the Flag Desecration Amendment to allow Congress to pass laws banning flag desecration following the ruling

Which of Trump's cabinet appointments did he withdraw and why?

Vincent Viola withdrawn as Sec of Defence because he knew the Senate would scrutinise him for connections to private defence contractors

Bush 2005 Signing Statement:

Signing statement on 2005 Treatment of Detainees Act he tells bureaucracy to ignore prohibition of enhanced interrogation methods-- circumventing legislation which tries to limit him

How has Biden recently used his veto against Congress?

Since 2022 midterms (divided govt)Biden has issued a number of vetoes to advance his environmental policy agenda