limited government
shown by 9th & 10th amendment
-> contradict Necessary & Proper cause (elastic clause) = increase Congress power
-> e.g. 2012 - National Federation of Independent Business v. Rebellious - S.C. ruled A.C.A. not excess government power (against limited gover
flexibility
due to vague wording
-> e.g. Bill of Rights, 9th amend. (enumerated rights)
-> 14th amend. ("equal protection of the laws")
allows range of S.C. interpretations
-> e.g. contrasting views of 14th amend. (Plessy v. Ferguson (1896) to Brown v. Board of Educa
rigid
only 27 formal amendments (17 since 1971)
-> Dicey define rigid constitution as: "cannot be changed in the same manner as ordinary laws
federalism
shown by 10th amendment
-> states = own constitution, government & courts (most state law = based on common law of England, exception = Louisiana = French & Spanish based)
-> after Wall Street Crash (1929) = increased government financial regulation, incr
de-centralisation
state = control issues (e.g. class B drugs & specific gun restrictions)
-> e.g. California & Florida prohibit open carry of handguns (Texas doesn't)
-> contradicted by District of Columbia v. holler (2008)
Previous state control = same-sex marriage (until
constitutional sovereignty
1803 - Marbury v. Madison upheld this (lead to developing judicial review to protect constitution)
entrenched rights
Bill of Rights (1791) e.g. 8th amendment (prevent excessive fines, bails, cruel & unusual punishment)
-> violated by Guantanamo Bay (2002 - made into terrorist prison by Bush in "War on Terror"
-> Boumediene v. Bush (2008) - Supreme Court ruled USA = only
constitutional interpretation
loose vs strict constructionist (original intent)
-> e.g. contract views of Free Speech cause of 1st amend. (McConnell v. F.E.C. (2003) & Citizens United v. F.E.C. (2010))
separation of powers
political doctrine from Baron de Montesquieu in "Spirit of the Laws"
-> impeachment (e.g. December 1998 - Clinton impeach by House but Senate acquitted)
-> presidential veto (e.g. 2016 - Obama veto J.A.S.T.A., Congress overriden)
checks & balances
1895 - Pollock v. Farmers' Loan & Trust Company
-> S.C. rule federal income tax by Income Tax Act (1894) unconstitutional
-> lead to 16th amend. (1913), allow Congress to levy income tax
Trump v. Hawaii (2017)
-> executive order challenged by judiciary (b
1st amendment
2010 - Citizens United v. F.E.C.
2nd amendment
2008 - District of Columbia v. Heller
3rd amendment
1982 - Engblom v. Carey (Court of Appeal for 2nd Circuit - ruled 3rd amend. rights violated)
4th amendment
1967 - Katz v. United States (wiretap public phone violated criminal right to privacy)
5th amendment
1966 - Miranda v. Arizona
6th amendment
1963 - Gideon v. Wainwright (rule guarantee of counsel part of right to fair trial, denied under Florida state court)
7th amendment
1998 - Feltner v. Columbia Pictures Television Inc. (opposing party right to demand jury trail if awarding statutory damages in copyright infringement case)
8th amendment
2005 - Roper v. Simmons (8th violated by executing minors
2008 - Boumediene v. Bush (US only = de facto sovereignty of Guantanamo, constitution not applies)
9th amendment
1965 - Griswold v. Connecticut (enumerated rights = include right to privacy in martial relations)
10th amendment
2011 - Bond v. United States (women wrongly convicted under federal statute, should be state issue)
amendment process
2013 - Manchin-Toomey amendment failed in Senate (54-46)
-> bipartisan amend. for increased background checks on firearms after 2012, Sandy Hook school shooting
constitutional change
1868 - 14th amendment (entrenched 5th & include birthright citizenship rights & equal protection under laws)
bicameralism
Great Compromise = bicameral
->Virginia plan = bicameral
-> New Jersey = unicameral
gridlock
2012-6 -divided government = lead to gridlock
-> lead to Obama reliance on executive orders (276 during presidency)
-> e.g. 2015 - E.O. 13687 (imposing additional sanctions with respect to North Korea)
presidential veto
2016 - Obama veto J.A.S.T.A. (Congress override)
-> 12 vetoes total
Congress override
2016 - overrode Obama veto of J.A.S.T.A. (only override of Obama)
imepachment
2010 - Thomas Porteous (federal judges) impeach by House & Senate
December 1998 - Clinton impeach by House (acquitted by Senate)
1803 - Samuel Chase (S.C. justice) only justice to ever be impeached by House (acquitted by Senate)
advice & consent powers
2010 - NewS.T.A.R.T. bilateral treaty with Russia to reduce nuclear warheads (Congress ratified)
March 2018 - Trump tweeted Congress too slow to ratify appointments (57% by March)
-> 2008 - Obama = 67% by March
pork barrel
2011 - Montana State University given $74,000 for research into weed control via sheep grazing
filibuster
2017 - Trump & Republicans in Congress tried to use reconciliation bill to repeal Obamacare
-> pass in House but fail in Senate with 51 votes (defeat by filibuster)
-> Trump = wants to remove filibuster
terms of office
1990s reformers used initiatives & referendums to put congressional term limits on 24 state ballots (8 approved)
-> U.S. Term Limits, Inc. vs Thornton (1995) - S.C. rule states can't impose term limit on federal Congress
House vs Senate
Senate = advice & consent powers
House = initiate money bills
-> e.g. 2011 - Budget Control Act (increase debt ceiling by $400 billion to end debt ceiling crisis)
legislation passed
113th Congress (2013-9) - 296 enacted laws
114th Congress (2015-7) - 329 enacted laws
oversight
2017 - Mueller Special Counsel investigation on Russian interference in 2016 U.S. Presidential election (Manafort (Trump campaign manager) charged on 12 accounts)
power of the purse
can be used to encourage state law
-> e.g. National Minimum Drinking Age Act (1984) - states allowing under-21s to buy alcohol denied 10% federal funds for highways
-> after 21st amendment (1919) - ended prohibition (drinking age state controlled)
party system
90% = vote with party lines (approx.)
-> Tax Cuts & Jobs Act (2017) - Trump tax bill
-> 1 Rep. Senator & 13 Rep. representatives vote against
-> no Democrat support
1970s = approx. 70% party voting
standing committee
Senate Veterans Affairs
-> oversee Department of Veterans Affairs
select committee
Senate Ethics Committee
joint committee
Joint Committee on the Library
judicial review
2012 - National Federation of Independent Business v. Rebellious (upheld A.C.A.)
original intent
2008 - District of Columbia v. Heller (upheld 2nd amend. against state infringement)
judicial activism
2015 - Obergefell v. Hodges (same-sex marriage federally legalised)
judicial restraint
2011 - Wal Mart Stores v. Dukes (rejected due to excess plaintiffs)
strict constructionists (2018)
John Roberts (chief justice), Clarence Thomas, Samuel Alito, Neil Gorsuch
loose constructionists (2018)
Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsberg, Stephen Breyer
swing justice (2018)
Anthony Kennedy
judicial power
S.C. = original jurisdiction
-> Article 3, Section 2 - "cases affecting ambassadors, other public ministers & consuls, & those which a state shall be party
nomination process
2009 - Obama = Sonia Sotomayor
2010 - Obama = Elena Kagan
2016 - Obama = Merrick Garland (replace Scalia, blocked by Rep. Congress)
2017 - Trump = Gorsuch
landmark cases
1803 - Marbury v. Madison
1954 - Brown v. Board of Education
1973 - Roe v. Wade
2010 - Citizens United v. F.E.C.
2015 - Obergefell v. Hodges
protection of rights
G.G. v. Gloucester County School Board (2017) - S.C. failed to protect 14th amend. equal protection rights (dismissal of case)
executive relationship
2017 - Trump v. Hawaii (judicial review)