Decision that all states would have 2 Senators whereas the House of Representatives would be proportionate to the population of each state
The Necessary and Proper Clause Article 1 (Elastic Clause)
The Bill of Rights (1791)
First 10 amendments to the constitution
Right to freedom of speech, assembly, protest and religion
Right to bear arms
Protection from cruel and unusual punishment
Establishment of reserved power to the states
Marbury vs Madison (1803)
Supreme Court has the power to invalidate laws they find violate the constitution - Judicial review
Reconstruction Amendments (1865, 1868, 1870)
13th Amendment - abolished salvery
14th Amendment - equal protection before the law
15th Amendment - barring race discrimination in the right to vote
Brown vs Board of Education of Topeka (1954)
Ruled segregation was unconstitutional
The Equal Rights Amendment (Failed - 1923-1972)
Proposed to guarantee equal legal rights for all American citizens regardless of sex
The "Johnson treatment" and other methods of persuasion
Biden bargaining with Joe Manchin to push through the Inflation Reduction Act (2022)
The Congressional Black Caucus (1971-)
Represents a congressional voting block who advocate for the interests of Black Americans (56 members)
The War Powers Resolution (1973) and associated breaches
A federal law intended to check the US presidents power to commit the US to an armed conflict without the consent of Congress - must notify Congress within 48 hours of military action, forbids armed forces from remaining for more than 60 days without Congressional approval
Breaches : Clinton in Yugoslavia (1999) and Obama in Libya (2011)
US vs Nixon (1974)
SC ordered President Nixon to deliver tape recordings and other subpoenaed material related to Watergate - overriding his claims to executive privilege
Flag Desecration Amendment (Failed - 1990)
Limitation of Presidency - Trump was unable to affect change with SC support
Shows how hard it is to change the constitution
John Murtha
Congressman from Pennsylvania, believed to have steered $2 billion in pork barrelling from 1992-2008
Robert Byrd
Senator from West Virginia who directed $3.3 billion in pork form 1991-2008 e.g. The Coast Guards Maritime built Centre in landlocked Kerneysville
Failed Presidential campaigns of Ross Perot (1992, 1996)
Texan billionaire ran unsuccessfully as independent in 92 and as a Reform Party candidate in 98. Failed to win a single electoral college vote on either occasion despite winning 18.9% / 20 million votes in 1992
In 2020, 55% of Asian Americans voted Democrat
In 2020, 60% of Latinos voted Democrat
Obama electoral mandate 2008
52.9%
Trumps electoral mandate 2016
46.1%
Differences in legislation from state to state
Driving age Alaska - 14, California - 16
Marijuana
Amendment proposed that got through Congress but rejected by the States
The Equal rights act 1972
Trumps executive order banning immigration from predominantly muslim countries 2017 - overturned by Biden
Executive order struck down by Supreme Court
Obama's DACA - allowing children of immigrants to claim US citizenship
Executive Agreement Example
Obama 2015 - Iran (lift trade embargo to stop nuclear weapons production) - senate wrote an open letter saying they wouldn't honour the deal
Example of signing statement
2015 Obama on National Defence Authorization Act - ignored the 30 day warning that had to be given to the senate before moving prisoners for Guantanamo Bay/ said he wouldn't use drone strikes on US soil, Trump later ignored this
Split decision on Supreme Court meaning initial state ruling stays in place - effectively blocked
DAPA 2014 Obama - parents claiming citizenship
Votes on bills initiated by President but failed
American Healthcare Act 2017 - Trump despite having a Republican majority in both chambers
Example of overturned Veto
Trump on National Defence Authorisation Act
Examples of poor quality legislation
pork-barrelling
too much compromise - Bernie Sanders on BBB 2022
Protection of States rights in Senate
1970 Amendment to abolish Electoral College was filibustered by a group of Southern Senators
PAC
political action committee - can donate up to $5,000 directly to an election campaign
Super PACs
send/raise unlimited amounts of money to support or oppose campaign but cant be directly donated to the campaign
Cost of 2020 election
nearly $6 billion
open primary states
texas, alabama
semi-closed primary states
norths Carolina, new hampshire
closed primary states
florida, new york
caucus states
Iowa, Nevada, Colorado
Advantages of primary/caucuses
raises key issues (policy can be adopted by winning candidate)
Voter choice and Democracy (choice of competing ideologies esp within two party system)
Electability (tests abilities to be attractive to electorate/overcome personal issues)
Disadvantages of Primaries and caucuses
Creates internal divides within the party
Timing (early states influence late, long drawn-out process)
Specific Procedures (low turnout, specific voters only, different processes for different states)