Right this is for my benifit and anyone else who wants to read it a quick short revision list :')
Chapter 1, Constitution
13 british colonies - turned into - 50 states
Had limited democracy at the start with the condeferation and women/colourd not having the vote.
James Otis - "Taxiation without representation is TYRANNY"
Connecticut compromise was a compromise between the New Jersey plan (small states) and then Virginia plan (Larger states), created a bi-cameral goverment with the lower house rep state pop and the upper house rep equally.
Constitution itself;
Art-1, Legislative powers
Art-2,Executive powers
Art-3, Judicial powers
Art 10- powers to the states
The amendment process, 2 stages both need "super majorities"
Stage 1-proposal, Congress or National constitution convention (never used)
Stage 2- retification, state legislature or state consitution convention (once again never used)
been no amendments since 1992
27 amendments passed in its lifetime including the first 10 about civil rights.
Why ammended so little?
1)FF wanted it to be difficult
2) however the consitution is already flexible, judicial review / activism alow this.
3) Americans have become carful not to change it to much, e.g amendment 18 (banning alchahol)
Seperation of powers
Divided into 3 branches to stop trynanny
Based on the writing of French political philosopher Baron de Montesquieu, in his book "Spirit of the laws"
Impossible "in theory" to be in both branches, e.g when Obama became pres he had to resign in the senate.
Checks and Balances
Checks by Ex on Leg,
1) State of union adress gives pres to tell congress what he wants to concentrate on, e.g bush "War on Terror"
2)Power to veto in 3 ways, G.W.Bush used his reg 11 times, his dad 29 reg, 15 pocket
Checks by ex on jd
1) Nominates all fed judges, e.g Reagan and bork. (only nominates dosent confirm)
2)Power to pardon, Ford pardoned Nixon, Clinton pardoned 140 on his last day!
Checks by the leg on the executive
8 checks! (fear of tyrnanny)
1) congress can amend / block / reject leglislation recomended by pres, clinton health care reform
2) Override pres veto with 2/3 majority. Overrode 4 out of 11 of Bushs vetos in 8 years. however clinton had 94% success rate.
3) "Power of the purse", all money pres wants to spend is controled by congrees, e.g they could have limited G.W.Bushs spending in Iraq war
4) Pres is CnC but only congress can declare war
5) Senete rafifies treates, e.g did not ratifiy comprehensive test ban treaty.
6) Senete can decline appointsment to the edecutive / jud branch, e.g bork
7) Power of investigation, e.g investigation of g.w.bush handing of national security during 9/11, e.g2 Investigation of watergate.
8)Impeachment, 2 attempts again clinton, Nixon would have got inpeached but he resigned before hand.
9) *in my opion* divided gov can check pres.
Checks by leg on jud,
1)Impeachment, 1985-1989 removed 3 fed judges
2)Can change consitution through amendments. When S.C said income tax was unconstitutional they made 16th amendment which said they could.
Checks by jud on leg,
Judicial review, Clinton v New york, declared line veto unconstitutional
Checks by Jud on Ex
Judicial review, United states vs Richard Nixon, forced him to turn over white house tapes (smoking gun)
Federalism
10th amendment, all remaining powers to the states and the people.
Grown of fed gov,
1)Westward expansion, 13 to 50
2)Growth in population,greater gov needed to rep them all
3)Industrialasion, need gov reg departmends to look over all of the labour, new deal ect.
4)improvment in communication
5)great depression, states turned to fed gov for help, (new deal)
6) Foreign policy, WWII, war on terror.
7)supreme court decisions, Amendment 14(nor shall state deprive any person of life, liberty or property withotu due process of the law), used to restrain state power. Amendment 16, alowed fed gov to impose income tax which alowed rooservelts new deal to take palce.
Fed gov under bush grew by 33%
department of def from $290 million to $651 million for example
Chapter 5 Congress
Not since 1935 have senate rejected a treaty of a president of its own party
Only twice in the last 50 years has congress overwritten a vero of a pres from same party
Art 1, was the longest on constition, sugested that FF wanted the leg to be the most powerful.
senate, 100 members
rep, 435 members
Seen as unrep, 2005 senate had 14 women and 1 african american!
powers of house, Elects pres if the college fails to do so, impeachment(1st stage)
Powers of Senate, Elects VP is senate fails, impeachment trials (2nd stage)
confirm appointments
ratify treaties
Senate is more prestigious, politicans move from house to the senate, only 2 per state, longer terms, exclusive powers, Senators more likely to become VP or P e.g Obama (3 years in senate). higher avrage age (30 in senate, 25 in house)
Key people in congress
Vp runs the senate
Speaker runs the house
maj and min leaders
standing committee chairs
party Whips. ( The one rep who was going to vote against rep views on healthcare reform was heavily "whipped" as they had their "toe on the party line")
House speaker is important as can be seen when Obama used Nancy pelosi to assiest in purswading house to pass health care bill in 2010.
Committees have huge power, this is where all legsliation stats. can also call witnesses, eg stage of,McCarthyism, Reds under the bed scare.
The legislative process
First reading, comittee stage, timetabling, secodn reading, third reading, presidential action.
Bills can be fillibusterd (talk a bill to death)
Congress intorduce between 10,100 to 14,00 bills per session, only 3-5% become law!
Thus change is stacjed against the people
Is the leg process successful?
YES:
1) It is representative, views of the people are reflected through their elected rep in both houses
2) It can successfully act as a check adn balance on teh power of the pres and the jud
NO:
1) Simply to many bills
2) Process is too complicated, its a "Legislative labyrinth"
3) Need huge magorities to get things done, espcially to override presidents veto.
4) To much power help in committees and comittee chairs
5) because its bicamerial its hard for the houses to come together to combat the trynanny of the pres sometimes
6)Split goverment and split houses can cause grid lock, and go at loggerheads with each other, e.g clinton health care reform. Obama health care reform, consumed to much time!
However, Neustadt "What the constitution separetes, the political partys do not combine" Shows that just because the pres and congress are of the same partys it dosent mean that things will go smoothly.
Anyone else mind doing a few for the pres for me? =/