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Key debates surrounding the Consiotuion and federalism - Coggle Diagram
Key debates surrounding the Consiotuion and federalism
is the US consitution democratic
Yes
the consitution gurantees the rights fo its ctiizens witha considerabel power to enforce these rights through judical review
United citizens v FEC-
Upheld that Super-PACs were
a form of free speech this has led ot freedom for Super PACs to operate
the preliminary injunction whcih blocked Trump's executive order which ordered the USPS to not deliver postal ballots citing it as an infringment on the 15th amendment
Bostock V clayton county demostrated the pwoer vo the Surpeme clirt to maek sovreign ruligns to protect thr rights e tofu for peopel in the civil rights act
the frequent elections of the House of representative and 1/3 of senate allow for the accurate potlical representation of the people and the creation of a storng electoral mandate for Congress often allowing them to use more oversight over the president
the republican domianted congress under Obama allowed for the congress to confidently strike down his legilsative plans such as the DREAM act in 2012
trump was unable to pass through his bills in 2016 which would have fudned his wall due to strong oppoisition in the Congress. this was due ot h spltis inthe republican aprty nad the prescen fo the democratic party. therefore demsotratign the congress utilisngit mandate
frequency of the elctions foirces presidents to consider public opinion in the middle of their term such as president trump in 2026 who was pressured byu the riesing issue of fuel cost nad th e2026 midterms to sign a hasty deal with Russia to import diesel
the presidency is the onyl directly elected figure int he US government with indepdnet power which allows him to oftne claim a large democratic mandate
the president can oftne use their bull pulpit to demostrate an degree of displeasuere withthe other branches which allwos them to remain acocutnabel tot the public such as Obama's statmetns regarding the isseu sof the united v FEC deiscion
thsi cna maek the presidnet more reponsive to national criis such as Joe Bidne in 2020 who immidatelyt sough to alleiveate Covid as he has been elected on the idea that he would fihg it better than trump which lead to his bill the rescue america plan beign passed with little oppsiton
No
the use of the electoral college seperates the voters from their popualr vote. this can lead to presdient being elcted with a minroity of the popular vote
one elelctorla college vote I
depsite turmp winning under half othe popualtion vote and only 1% more than kamala harris' 48% he reicved nearly 100 more electorla colege votes which secured his victory in the presidental election with very little difficulty
the senate is highyl unrepresentive fo the poeple as it gives euqla representation to all the states whcih leaves people in high popualtion states under presented and those in low popualtion states under presentted
the supreme court has exurbarant powers to block the actiosn fo the demcraticallelected elemtns fo govnermtn they cna evgen create new Legilsation
Obergfel v hodges allowed for gay marriage throughout the US which led to the overruling of legilsaiton in manyt stat adn the creation of new legilsaition elffectively
West virgina V EPA removed reuglatiosn palce by a demcoratically elected government
The new york State rifle nad pistol v bruen was a case raised which overturned the legisaltion in new yormwhich prhibted the concealed carrying of weaponry. this overruoed legilsation created by a democratically elected body