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Flashcards in Unit 4C Deck (32)
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1
Q

How is power in the US shared?

A
  • Between branches
  • Between federal government and states
  • Legislation and budget (Between congress and Pres.)
  • Constitution (amendment)
  • Foreign policy
2
Q

How is power in the US separate?

A
  • Appointments
  • Foreign policy
  • Money
  • Checks and balances
  • Federalism
3
Q

What are some examples of rights being too strong?

A
  • Freedom of speech (WBC, Johnson)
  • Guns (DC vs Heller, Macdonald)
  • Rights of the accused
  • Privacy (san bernadino)
4
Q

What are some examples of rights being developed?

A
  • Race (US vs Arizona, Brown)
  • LGBT (Windsor, Obergefell)
  • Womens (Roe vs Wade)
5
Q

What are some examples of rights being slow to be protected?

A
  • Affirmative action

- Restrictions on abortion

6
Q

Why is it so difficult to pass laws in congress?

A
  • Process (Veto, filibuster etc)
  • Self interest of members
  • Other branches (Judicial review) or constitution
7
Q

What are some checks on presidential power?

A
  • Senate confirms appointments
  • Congress overrides veto
  • Declare war
  • Impeachment
  • Money
  • Judicial review
  • Electoral cycle
  • Re-election, term limits
8
Q

What is the president’s role?

A
  • Chief executive
  • Commander in chief
  • Representation (Head of state)
9
Q

What is some evidence of an imperial presidency?

A
  • FDR,LBJ,Nixon,GWB
  • Foreign/domestic role expanded/unchecked
  • Wars/military
  • Surveillance
  • Plamegate
10
Q

What are some evidence of checks being effective?

A
  • Judicial review (Clinton vs jones, US vs Nixon)
  • Congress (investigation,impeachment)
  • Limiting Bush after ‘06
11
Q

What is some evidence of ineffective checks

A
  • FDR (Crisis, free to act)
  • Clinton/Obama, polarisation (excessively hindered)
  • Trump unchecked (executive orders)
12
Q

What are some long term checks?

A
  • Electoral cycle
  • Congress
  • Supreme Court
13
Q

Why is the president strong in foreign policy?

A
  • Commander in Chief
  • Diplomat in chief
  • Crisis
14
Q

What are some examples of crises when the president has been almost free to act?

A
  • Cold war
  • War on drugs
  • War on terror
  • Diplomacy
15
Q

What are some factors in the representation of congress?

A
  • People/views
  • States and inhabitants
  • Social groups
16
Q

What is an Amicus Brief?

A

Legal argument submitted to the court regarding an existing case by an interested, but not involved third party

17
Q

What is evidence Amicus Briefs are important?

A
  • Huge time/effort/expense by expert campaigners
  • Credibility (ACLU) so they will be read
  • Correlation between number and chance of success
18
Q

What is evidence Amicus Briefs are not important?

A
  • No means of ensuring influence
  • Cancel eachother out
  • Hard to know influence unless cited
19
Q

How has the importance of Amicus Briefs changed over time?

A
  • Increased importance

- Increased publicity

20
Q

What is an executive order?

A

Instruction from the president which determines how a law or policy is implemented

21
Q

Are Executive orders effective?

A
  • Potentially very effective (ACA/DAPA)
  • Limits (Scope, easily overturned)
  • Fashionable “born of necessity”
22
Q

How effective is the constitution?

A
  • Checks and balances ensures effective government
  • Gridlock/polarisation
  • Rights to strong/weak
  • Rights about right
23
Q

What are some examples of the supreme court being a dangerous branch?

A
  • Marbury vs Madison

- Interpretative amendment

24
Q

What are some limits on supreme court power?

A
  • No power of initiation
  • No power of enforcement
  • Can be overruled by an amendment
25
Q

What are some examples of the SC’s expanding power?

A
  • Hyperpartisanship

- Increased politicisation of judiciary

26
Q

What are some examples of a political judiciary?

A
  • Bathroom bill
  • Shelby county
  • Bathroom bill
27
Q

What is the independence of the court due to?

A
  • Separation of powers
  • The appointment of justices
  • Lifetime tenure
  • Justices pay cannot be reduced during office
28
Q

What are some factors that influence nominations?

A
  • Judicial philosophy
  • Judicial ability
  • The composition of the senate
  • Representation
29
Q

What are some sources of the courts power?

A
  • Judicial review
  • Reversal of cases
  • Appointments for life
  • Increasing scope of cases
30
Q

What are some limits on the court’s power?

A
  • Congress can vary the size of the court
  • Congress can impeach justices
  • Judges aware of public opinion
  • USSC relies on other branches to interpret/implement decisions
31
Q

How is the USSC a political body?

A
  • Justices nominated by politicians
  • President nominates judges sympathetic to their agenda
  • Justices increasingly divided amongst political lines
  • Court’s job to overturn legislation inherently political
32
Q

Why are so few congressional elections competitive?

A
  • Safe states
  • Gerrymandering
  • Voting record