This lecture is designed for first year students of English, and for anyone interested in a simple explanation of what is at stake in current political debates in America
This lecture is designed for first year students of English, and for anyone interested in a simple explanation of what is at stake in current political debates in America
TAKE CARE
The Constitution of the United States
- Rotunda at the National Archives Museum
Article. II.
Section. 1. The executive Power shall be vested in a President of the United States of America
Section. 3. [H]e shall take Care that the Laws be faithfully executed ….
The solution is the constitution not artilce vmiscott57
With a surge of pressure being put on state legislators this year to apply for an Article V convention, here are three reasons to oppose all such constitutional convention applications.
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Figures title: 2Congress and the President
Congress and the President
The way our legislative and the executive branches run our country have its roots to the beginning of our country and our constitution. Our founding fathers were intent on making sure neither the president had too much power and wanted to be sure they had very specific powers and roles within our new government. These two powerful and important roles are known as Congress and the Presidency.Congress
Congress is a Bicameral house made up of the Senate and the House of Representatives. The makeup of these two houses was chosen very carefully by our founding fathers at the Constitutional convention. The Senate is made up by two senators from each state as to give all states equal representation. This idea was proposed through the New Jersey Plan which proposed that all states had “equal representation regardless of population” (“The Almost Painless Guide, ”2000). The house of representative, on the other hand, is built based on the population of each state with the larger states having more representatives than the smaller states an idea proposed by the Virginia Plan laid out at the Constitutional Convention. These two parts that make up the legislative branch are tasked with making new laws, handling any impeachment proceedings, recommend amendments to the constitution, make budgets, and check the president’s decisions on personnel and treaties and vetoes by gaining a two-thirds vote to stop any of his decisions.
Powers of the President and Congress
Through Article I section 8 of the constitution congress has its most important power which is the ability to create laws. When a bill or any proposed law is up for a vote it can only be passed if the House of Representatives and the Senate both approve it in the same form. Congress also has the powers to “declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions ("The Powers of Congress", 2018). According to Article II of the constitution, the president has the power to commission officers of the armed forces, grant reprieves, and pardons, convene Congress in special sessions, wield executive power, receive ambassadors, and ensure that laws are being executed correctly. One of the aforementioned executive powers the president has is to veto a law or bill though even if that happens congress can overturn the veto with a two-thirds vote.
Checks and Balances
The founding fathers of the US were wise to set up a form of checks and balances built into the constitution to ensure no branch of government could garner too much power and guard against tyranny. “If men were angels, no government would be necessary,” James Madison wrote in the Federalist Papers, of the necessity for checks and balances. “In framing a government which is to be administered by men over men, the great difficulty is this: You must first .
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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A2 Edexcel Government & Politics Unit 4 examples and case studies
1. A2 Government & Politics Examples Unit 4
Topic Example
Constitution
Checks & Balances
o Checks on Executive
By Congress
Amend/ delay/ reject legislation Senate Rejected Obama Job Bill
Override Presidential Veto 2008 Congress overturned Bush’s veto of Medicare
Power of purse budget limitations and using the power of the purse to show the
Congressional opposition to the Iraq War
Declare War Last format declaration was during WW2
Ratify treaties (Senate) Never signed or advised of the Treaty of Versailles
Confirm Appointments (Senate) Elena Kagan is the 112th
SCJ nominated in 2010
Investigation Watergate Scandal under Nixon
Impeachment Bill Clinton was Impeached in 1998
By Judiciary
Judicial Review InYoungstown Sheet & Tube Co. v. Sawyer SC struck down Truman’s
Executive Order to nationalize steel mills as unconstitutional
o Checks on Judiciary
By Congress
Impeachment, trial conviction and removal from office Samuel Chase was impeached in
1801 as he was letting his partisan learning’s affected his decisions
Propose Constitutional Amendments 27 Amendments, with most recent being 1971,
where they lowered the voting age to 18.
By Executive
Appointment of Justices Obama has appointed Sotomayor and Kagan
Pardon
o Checks on Legislature
By Executive
Recommend Legislation Obamacare
Veto Legislation Obama Vetoed H.J.Res. 64 in 2009, Making further continuing
appropriations for fiscal year 2010
By Judiciary
Judicial Review Marbury vs. Madison 1803 was the first Supreme Court decision to
strike down an act of Congress as unconstitutional
Federalism
o Types
Dual Federalism – 1780 – 1920 – Clear divisions between the powers of the federal and state
governments
Cooperative Federalism – 1920 – 1970 – after FDRs New Deal & LBJs Great Society saw an
increase in the federal powers of the states
New Federalism – 1970 – Bush – Trying to reverse the role of the states’ rights and give
power back to the states (states rights)
o Obama
The Obama White House is clearly focused on domestic policy as a way of delivering his
'change' agenda.. Thus the following trends in federalism have so far been seen during the
Obama presidency:
The ratio of state and local government employees to federal employees is the highest
since before Roosevelt's New Deal in the 1930s
Federal government assistance to the states increased from 3.7% of gross domestic
product (GDP) in 2008 to 4.6% of GDP in 2009.
Money from the federal government accounted for 30% of state government spending in
2009 compared with 25% in 2008.
Of the $787billion of the Economic Stimulus Package 2009, one-third ($246billion) went to
or through the state governments. (Under Bush's 2003 stimulus package, just $20billion
went to the states).
In Policies like Obamacare he is provided money for states to pursue his policies, however
they may accept or reject that money. As seen in Indiana when the Governor accepted
money to extend healthcare.
2. Congress
Powers of Congress
Nature of Powers House Senate
Exclusive Powers
Initiate Money Bills
Impeachment
Elect President if Electoral College
Fails
Confirm Appointments
Ratify Treaties
Try cases of Impeachment
Elect VP if Electoral College Fails
Concurrent Powers
Pass Legislation
Override Presidential Veto
Initiate Constitutional Amendments
Declare War
Confrim a VP
Nominations
o Senate laws changed in 2013 to prevent the use of the filibuster to all Presidential
appointments, except for Supreme Court Justices.
Filibustering
o The rules permit a senator, or a series of senators, to speak for as long as they wish and on
any topic they choose, unless "three-fifths of the Senators duly chosen and sworn" (usually 60
out of 100 senators) brings debate to a close by invoking cloture under Senate Rule XXII.
o 168 nominations have been filibustered. With 82 being under Obama.
o On December 6, 2012, Senator Mitch McConnell (R-KY), Senate Minority Leader, became the
first senator to filibuster his own proposal. McConnell had attempted to force the opposition
Democrats, who had a majority in the Senate, to refuse to pass what would have been a
politically costly measure, but one that would nonetheless solve the current ongoing debt
ceiling deadlock.
Members
o Senate
53 Democrats, 2 Independents, 45 Republicans
Ted Kennedy, guy who died in 111th Congress losing 60-40 Democrat Majority
o House
233, Republicans, 199 Democrats, 3 Vacancies
o Hal Roger
Republican from Kentucky 5th
Chairman of House Appropriations Committee (responsible for setting specific expenditures
of money by the government of the United States)
Never Spent more than $1.5m, less than average, as has had no real challeneger
Committees
o Examples
House Homeland Security Committee which assesses the dangerous threats to the nation’s
borders
Senate Judiciary Committee which investigates the rise of Super PACs
Elastic Clause “The Congress shall have Power ... To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or Officer thereof.”
Law Making
o 112th Congress 10,417 bills introduced, yet only 238(2.3%) laws passed
o In 2013 only 57 Bills were enacted
o 113th Congress 13 bills were to repeal Obamacare
Mann Ornstein – The Broken Branch
o The Broken Branch details how dysfunctional congress is. They highlight the dramatic shift in
Congress from a highly decentralized, committee-based institution into a much more
regimented one in which party increasingly trumps committee. The resultant changes in the
policy process--the demise of regular order, the decline of deliberation, and the weakening of
our system of checks and balances--have all compromised the role of Congress in the
American Constitutional system. From tax cuts to the war against Saddam Hussein to a
Medicare prescription drug benefit, the Legislative process has been bent to serve immediate
presidential interests and have often resulted in poorly crafted and stealthily passed laws.
Strong majority leadership in Congress, the authors conclude, led not to a vigorous exertion of
congressional authority but to a general passivity in the face of executive power
3. President
Presidential Powers
o Propose Legislation President Obama used his 2010 State of the Union Address to
promote help for small businesses, financial reform and his healthcare reform.
o Submit Annual Budget The budget is drawn up by the OMB and then the president
submits it to Congress. Between 2011 – 13 no federal budget passed, however was
passed in 2014 after government shutdown
o Sign Legislation The president has the power to sign bills into law, however if not signed
after 14 days will be passed automatically. George W Bush used signing statements on
areas of a bill he agreed and other parts he didn’t. George W. Bush's 130 signing
statements contain at least 1,100 challenges
o Veto Legislation Obama has used 2 vetoes. Bill Clinton had the Line-Item veto for 2 years
until it was declared unconstitutional. He used it 82 times on the federal budget
o Chief Executive “The executive Power shall be vested in a President of the United States
of America” Article 2 US constitution
o Nominate Executive Branch Officials the President gets to appoint his heads of the 15
executive departments. John Kerry as Secretary of State in 2012
o Nominate all Federal Justices Obama has nominated 2 SCJs but he also has to nominate
other federal justices.
o Act as Commander in Chief “The President shall be Commander in Chief of the Army and
Navy of the United States” Article 2 Section 2,
o Negotiate Treaties The Senate has rejected 7 treaties, Pardon Gerald Ford pardoned Nixon
after the Watergate Scandal, Head of State
Imperial Presidency
o Arthur J. Schlesinger wrote the Imperial Presidency out of two concerns; first that the U.S.
Presidency was out of control and second that the Presidency had exceeded the Constitutional
limits. A presidency becomes imperial when it relies on powers beyond those allowed by the
Constitution. The Constitution established three separate branches of government not for
efficiency but to avoid the arbitrary exercise of power.
Supreme
Court
Constructionism
o Loose
Loose construction is a legal term. This means a broader or loose interpretation of a legal
document or a constitution. For instance, with a loose construction, government could do
things which are not strictly mentioned in the constitution but are extension of the existing
liberties.
o Strict
Strict construction requires a judge to apply the text only as it is spoken. Once the court has a
clear meaning of the text, no further investigation is required. Judges - in this view - should
avoid drawing inferences from a statute or constitution and focus only on the text itself
Activism/Restraint
o Activism
A philosophy of judicial decision-making whereby judges allow their personal views about
public policy, among other factors, to guide their decisions This was seen in Brown, Roe,
Citizens United & the Warren & Roberts Courts.
o Restraint
It is a legal term that describes a type of judicial interpretation that emphasizes the limited
nature of the court's power. Judicial restraint asks judges to base their judicial decisions
solely on the concept of stare decisis, which refers to an obligation of the court to honor
previous decisions. This was seen in Dred Scott & the Rehnquist & Burger courts.
Justices
o John Roberts (Chief Justice), Antonin Scalia, Anthony Kennedy SWING, Clarence Thomas,
Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan
Rejection
o John Bork 1987 with many thinking him too conservative
o Harriet Miers 2005 withdrew her nomination after senate saying they would reject her as she
had no experience
o Debo P. Adegbile 2014 nomination rejected to be Assistant Attorney General due to his
previous work as a civil rights lawyer getting a police murderer off death row.
Checks on power
o No power of initiation, all cases must be brought before it as it is an appellate court
o Does not have enforcement powers. As seen with Brown until Little Rock
o Overturn Previous rulings
SC court Cases - 23% of Roberts court Cases are 5-4 decisions