GOVP4 The US Consitution

Created by: bpx
Created on: 30-03-14 15:23

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The Constitution
- Amendment process
  - proposal = 2/3 in both houses
    - OR national constitutional convention (called by 2/3 states)
      - Never used. Although 1992 = balanced budget was 2 states short of 2/3
  - 3/4 ratification by state legislatures
    - OR state constitutional conventions: 3/4 states must hold one and vote
      - Used once = 21st amdnt.Repeal of 18th
  - Deliberately hard
    - Rare to gain political consensus over issues
  - Deliberately unspecific to evolve. Judicial review to interpret
- Checks and balances
  - Judiciary
    - On Congress = 1998 Clinton vs. NYC. Line Item veto
    - On president = 2006 Hamden vs. Rumsfeld
  - Congress -> President
    - Veto override by 2/3 both houses. Overrode 4 of Bush's 11, making him lowest success rate
    - Impeachment. Nearly Clinton. Found not guilty at trial
    - Power of the purse. Must be voted for by Congress
    - Declaration of war (only used twice)
    - Advice and consent
      - Ratify treaties by 2/3 majority of Senate. Test Ban Treaty rejected 1999 but START accepted in 2010
      - Confirm appointments. 1989 John Tower rejected as Secretary of State
    - Amend, block or reject recommended legislation. Blocked Clinton's healthcare reforms
    - Investigation (through committees). 2012 security failures by Obama. 4 American diplomats murdered by Libyan terrorists
  - President -> Congress
    - Veto = Bush used 11, Obama used 2 in first term
    - State of union address. Bush = war on terror. Obama = help for small businesses. Financial reform. Obamacare
  - Congress -> Judiciary
    - Impeachment. 2010 Judge Thomas Porteous
    - Propose constitutional amdnts to overturn court rulings. 1896 16th amdnt to levy income tax.
      - Recent attempts = flag burning and prayer in schools
- Separation of powers
  - Montesquieu - fear of tyranny
    - Framers wanted limited government
  - Does it prevent effective gov?
    - No = checks and balances still work
  - Separate institutions sharing powers
- Federalism
  - Decentralisation
    - Federal gov and states equal and have their own powers
      - Federalism
        Decentralisation
        Federal gov and states equal and have their own powers
        10th AMENDMENT
        
        Dual. Cooperative. New. Lack of now due to Bush and Obama
        
        Size of federal gov increased
        
        Consequences
        Variety in state laws
        
        States = policy laboratories
        
        Complex tax system. Both collect income tax
        
        Elections are state-based, they decide how/when they are held
      - 10th AMENDMENT
  - Dual. Cooperative. New. Lack of now due to Bush and Obama
  - Size of federal gov increased
  - Consequences
    - Variety in state laws
    - States = policy laboratories
    - Complex tax system. Both collect income tax
    - Elections are state-based, they decide how/when they are held
- History
  - Bill of Rights 1791
    - 1st = Freedom of speech, religion, liberty. 2nd = guns. 8th = cruel and unusual punishment. 10th = state's rights.
  - Connecticut compromise 1787
    - New Jersey plan
      - Small states = one house, equal representation
    - Virginia plan
      - Bigger states = two houses, proportional representation
  - Articles of Confederation (loose collection of independent states rather than national gov) 1781
    - Scrapped due to weak gov. At Philadelphia convention 1787
      - Connecticut compromise 1787
        New Jersey plan
        Small states = one house, equal representation
        
        Virginia plan
        Bigger states = two houses, proportional representation
  - Independence 1776
- Supreme court
  - Implements the constitution and amendments
  - Activist court = interprets
  - Restraint court = takes the words literally

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GOVP4 The US Consitution

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