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GOV 4A: Constitution (Origins and key features of Constitution (US War of…
GOV 4A: Constitution
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Sep of powers, Checks and balances
US sep of powers ensures limited government with various checks and balances over other branches which prevents one branch from becoming too powerful.
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Legislature on Executive - Congress can impeach President (No pres has been impeached, Clinton and Nixon came close). Senate can refuse presidential appointments (Bush nomination of John Tower rejected). Congress can override veto.
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Legislature on Judiciary - Congress can propose Constitutional amendments to overturn judicial decisions (12th amendment proposed by Congress). Congress can impeach justices.
Judiciary on Executive - SCOTUS can declare executive acts unconstitutional (Obama's immigration plan declared unconstitutional).
Executive on Legislature - President can veto bills (During time in office, Obama used 11 vetoes against congress).
Federalism
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FFs intended to create "federal" constitution to prevent country being ran by tyranny similar to other countries at the time - England with King George.
Constitution defines relationship between state and fed govt in 10th amendment (protecting state rights) and through "supremacy" clause (State laws, where in conflict with fed laws, are inferior).
Fed govt gained authority through McCulloch v Maryland - through use of "supremacy clause" but was lmited in Scott v Stanford which gave states continued right of slavery.
Marble cake federalism (co-operative federalism) - mixing of authority between national and state govt.
Layer cake federalism (dual federalism) - clear definition of authority between national and state govt.
Federalism in US reflects strong state identity, recognises political, social and economic diversity of US and mean small states are not dominated by big states.
Patchwork Federalism - Unequal outcomes across different states. Referred to by critics of Obama's approach to federalism.
Bill of Rights
Details of amendment process outlined in Article 5 - 2/3 Congress and 3/4 States must agree to amendment.
Reason for limited no of successful amendments is inflexibility of constitution, deliberate lack of specificity and interpretation by SCOTUS.
Recent examples include flag desecration amendment - passed by house but not senate (one vote short).
BOR is first 10 amendments to Constitution added 10 years after creation. Entrenches basic and fundamental rights for all citizens (Reglision, speech, bear arms) that were not adequately protected before their introduction.
Interpreted by SCOTUS therefore, protection of rights depends on interpretation (Strict vs Loose Constructionism).
1st Amendment has been interpreted by SCOTUS to mean there can be no compulsory school prayers in public schools (Engel v Vitale), and flag desecration is protected under freedom of speech (Texas v Johnson).
2nd Amendment - seen by opponents as part of American history not relevant to modern day society - has been interpreted to mean citizens have a right to own guns (DC v Heller; McDonald v Chicago).
5th Amendment interpreted in a way that strongly protects suspects rights - suspects must be informed of rights (Miranda v Arizona).
9th Amendment interpreted as a "catch-all" amendment - right to privacy, implied with regards to abortion, not a right specifically mentioned but is retained by people (Roe v Wade). Critics argue constitution should not have been so loosely interpreted and late term abortion was later ruled unconstitutional (Gonzales v Cahart).