US constitution

• Congress has two chambers - the Senate (100 members) and the House of Representatives (435 members).
• Article 1 - legislature
• When was the first 10 amendment passed (Bill of Right) 


  1791
• Marbury v Madison established the Supreme Court's power to declare laws unconstitutional
• Article 2 - executive
• Article 3 - judiciary
• Article 4 - the relationship between federal and state
• Article 5 - how to change the Constitution
• Article 6 - supremacy clause (allows federal laws to overturn state law)
• 2nd amendment - right to bear arm
• 10th amendment - gives any power not given to the federal government to the state
• 13th amendment - the abolition of slavery
• How to pass the amendment process in the federal legislature

  2/3 in both the Senate and House of Representative to pass it
• How many state legislature need to pass the amendment for it to be ratified

  3/4
• The Supreme Court can change the law by interpretation the constitution - Roe v Wade, Hobbs vs Jackson and Shelby County vs Holder
• Federal government can set legislation like the Judiciary Act 1789 which set the number of judges on the Supreme Court
• The advantage of the Amendment process

  Prevent short-lived sentiment (exception - prohibition), ensure smaller state have a voice, requires broad support
• Judicial review is when the courts interpret laws passed by Congress or actions taken by the President.
• The disadvantage of the amendment process

  Difficult to update the constitution (eg. electoral college), over represents smaller state, allows the unelected SC to make decision
• Equal Right Amendment passed in Congress but failed to get ratified before the deadline
• A key principle is bipartisanship as the cooperation between the two parties is needed to pass amendment and legislation
• Weakness of the bipartisanship

  Increased polarisation between two parties, caused gridlocks, divided government are the majority of the presidents rule
• An example of polarisation is Republicans in the Senate refuesd to confirm Obama's judicial nominees
• Congress can block legislation suggesting by the president - Trump AHCA
• President has veto power which congress can override with 2/3 majorities in both houses (eg. Trump 2021 NDAA)
• Congress can declare war - last used in 1941 against Romania
• Can ratify treaty - 2010 START Treaty with Russia
• The President appoints members of his cabinet who must be approved by Congress.
• Can investigate the president's action like the January 6th insurrection
• Presidents can veto legislation (Obama 12)
• Presidents have pardon powers, eg Obama commuted Chelsea Manning sentence to time served
• One of key principles is the check and balance where each branch of government is checked by the other two branches
• One disadvantage of C and B is that it can lead to gridlocks where no legislation can be passed and it could lead gov shutdown (2019 - 35 days)
• C and B can lead to legislation being blocked - Obama failed to pass legislation on gun control and immigration
• When there is a united government, there is a weak oversight of the executive branch - there was no oversight for the war in Iraq and Afghanistan
• President can circumvent C and B by executive orders which tell the federal bureaucracy how to function - Obama failed to pass DREAM but helped create the order DAPA and DACA
• Executive agreement which does not need to be ratified by the Senate - Obama (Iran nuclear deal)
• Signing statement can change the meaning of legislation - Obama 2014 NDAA - will not use torture
• Recess appointment - appointment made in the holiday which would need to approval of Senate
• Recess appointment has been limited by NLRB v Noel Canning which restrict recess appointment to two weeks recess