Constitution Evidence (11)
2009 = Hillary Clinton had to resign as senator of New York when appointed
Secretary of State
2020 = Deb Haaland had to resign as a congresswoman of New Mexico when
Biden nominated her as Secretary of the Interior
2017 = Mike Pence used this power to confirm Betsy DeVos as Education
Secretary
National Govs = nation-based issues (signing treaties and declaring war) versus
states holding power over issues such as education/smoking/drinking
E.g., Florinda ‘bathroom bill’ signed be Ron DeSantis (2023)
2002 No Child Left Behind Act encroaches onto state government responsibility
Obama issues 12 regular vetoes during his two terms in office
Nixon took the country to war in 1965 in Vietnam without consulting Congress
first
Trump Impeachments 2017 (high crimes and misdemeanours) and 2019 for his
role in the January 6th capitol storming (‘fight like hell’ on twitter)
Nixon resigned in 1974 after threats of impeachment following the Watergate
Scandal
January 1st 2021 = Trump’s veto of the annual defence spending bill was
overridden by 81-13 in Congress despite having a Republican majority
After the 2012 Sandy Hook shooting Obama proposed stricter gun control
legislation, yet Congress (divided at the time) rejected it by 60-40
Joe Biden’s 2022 Build Back Better Bill was forced to be amended due to
opposition and criticism from fellow Democrat Joe Manchin – eventually being
passed instead as the Inflation Reduction Act 2022
“First amendment” expression areas in the USA’s national parks
Only 27 amendments have ever been made in almost 300 years
1
,Equal Rights Amendment failed in both the 1920s and the 1970s
Supreme Court can reinterpret rights by adopting a loose constructionist
approach, e.g., Brown v. Topeka (1954)
Roe v Wade (1973) upholding the constitutional right of women to access an
abortion, and Obergefell v Hodges (2015) upholding the constitutional right to
same-sex marriage
2022 Dobbs v Jackson, overturning the constitutional right to an abortion and
delegating the issue to individual States
Three-fifths clause not enfranchising slaves but using them for representation
Constitution is silent on of slavery, elitist attitudes + White USA
Congress comes first in order of the Constitution (Article I) and President 2 nd
Growing case of presidentialism from the 1930s New Deal onwards
EXECUTIVE ORDER – In 2017 Trump issued a travel ban on visitors from several
Muslim-majority countries (can take unilateral action without constrained by
legislature – e.g., w/ Trump Wall)
2001 and 2003 = George W Bush ordered the invasions of Afghanistan and Iraq
respectively
Despite 1973 War Powers Act attempting to limit this power, presidents are
able to override this through their constitutional role as Commander-in-Chief
Obama issues 330 commutations on his final day in office
Trump issues 73 Pardons and 70 Commutations on his final day in office –
including his former chief strategist Steve Bannon (facing fraud charges)
2010 = Louisiana federal judge Thomas Porteous was successfully impeached
by Congress and removed from office for corruption
2
, Trump v Vance (2020) = affirmed that not even the President is the law and can
be subject to investigation and legal proceedings
2013 = Defence of Marriage Act was ruled unconstitutional in United States v
Windsor
New York Times v United States (1971) – Nixon Administration challenged New
York Times and Washington Post in court in order to stop the publication of
content from the Pentagon Papers regarding Vietnam
Court ruled against Admin citing First Amendment
District of Columbia v Heller (2008) – ruling against the District of Columbia’s
ban on handgun ownership, in which Heller clamed infringed upon his Second
Amendment rights
Tenth Amendment limits the power of the National Government by delegating
powers to individual states
Roe v Wade was ruled 7-2: 5 Conservatives and 2 Liberals in favour, and one
Conservative and one Liberal against
Equal Rights Amendment unsuccessfully introduced in every session of
congress from 1923 until 1972, and since then it had failed to be ratified
Mainly objected to due to fears that women would lose privilege and
protections such as exemption from compulsory military service
Amendments Process: two-thirds supermajority in both Houses of Congress as
well as ratified by three-fourths of all state legislators
Confirmation hearing of Brett Kavanagh in 2018 = significant widespread public
debate and protest considering his allegations of sexual misconduct
Senate’s handling of the confirmation process = questioned
2023 Covenant School shooting in Nashville
George W Bush won the 2000 Presidential Election by 271-266 on the Electoral
College, despite losing the popular vote to Al Gore by over 500,000
Trump won the 2016 Presidential Election by 306-232 on the Electoral College,
despite losing the popular vote to Hillary Clinton by over 1,300,000
3
2009 = Hillary Clinton had to resign as senator of New York when appointed
Secretary of State
2020 = Deb Haaland had to resign as a congresswoman of New Mexico when
Biden nominated her as Secretary of the Interior
2017 = Mike Pence used this power to confirm Betsy DeVos as Education
Secretary
National Govs = nation-based issues (signing treaties and declaring war) versus
states holding power over issues such as education/smoking/drinking
E.g., Florinda ‘bathroom bill’ signed be Ron DeSantis (2023)
2002 No Child Left Behind Act encroaches onto state government responsibility
Obama issues 12 regular vetoes during his two terms in office
Nixon took the country to war in 1965 in Vietnam without consulting Congress
first
Trump Impeachments 2017 (high crimes and misdemeanours) and 2019 for his
role in the January 6th capitol storming (‘fight like hell’ on twitter)
Nixon resigned in 1974 after threats of impeachment following the Watergate
Scandal
January 1st 2021 = Trump’s veto of the annual defence spending bill was
overridden by 81-13 in Congress despite having a Republican majority
After the 2012 Sandy Hook shooting Obama proposed stricter gun control
legislation, yet Congress (divided at the time) rejected it by 60-40
Joe Biden’s 2022 Build Back Better Bill was forced to be amended due to
opposition and criticism from fellow Democrat Joe Manchin – eventually being
passed instead as the Inflation Reduction Act 2022
“First amendment” expression areas in the USA’s national parks
Only 27 amendments have ever been made in almost 300 years
1
,Equal Rights Amendment failed in both the 1920s and the 1970s
Supreme Court can reinterpret rights by adopting a loose constructionist
approach, e.g., Brown v. Topeka (1954)
Roe v Wade (1973) upholding the constitutional right of women to access an
abortion, and Obergefell v Hodges (2015) upholding the constitutional right to
same-sex marriage
2022 Dobbs v Jackson, overturning the constitutional right to an abortion and
delegating the issue to individual States
Three-fifths clause not enfranchising slaves but using them for representation
Constitution is silent on of slavery, elitist attitudes + White USA
Congress comes first in order of the Constitution (Article I) and President 2 nd
Growing case of presidentialism from the 1930s New Deal onwards
EXECUTIVE ORDER – In 2017 Trump issued a travel ban on visitors from several
Muslim-majority countries (can take unilateral action without constrained by
legislature – e.g., w/ Trump Wall)
2001 and 2003 = George W Bush ordered the invasions of Afghanistan and Iraq
respectively
Despite 1973 War Powers Act attempting to limit this power, presidents are
able to override this through their constitutional role as Commander-in-Chief
Obama issues 330 commutations on his final day in office
Trump issues 73 Pardons and 70 Commutations on his final day in office –
including his former chief strategist Steve Bannon (facing fraud charges)
2010 = Louisiana federal judge Thomas Porteous was successfully impeached
by Congress and removed from office for corruption
2
, Trump v Vance (2020) = affirmed that not even the President is the law and can
be subject to investigation and legal proceedings
2013 = Defence of Marriage Act was ruled unconstitutional in United States v
Windsor
New York Times v United States (1971) – Nixon Administration challenged New
York Times and Washington Post in court in order to stop the publication of
content from the Pentagon Papers regarding Vietnam
Court ruled against Admin citing First Amendment
District of Columbia v Heller (2008) – ruling against the District of Columbia’s
ban on handgun ownership, in which Heller clamed infringed upon his Second
Amendment rights
Tenth Amendment limits the power of the National Government by delegating
powers to individual states
Roe v Wade was ruled 7-2: 5 Conservatives and 2 Liberals in favour, and one
Conservative and one Liberal against
Equal Rights Amendment unsuccessfully introduced in every session of
congress from 1923 until 1972, and since then it had failed to be ratified
Mainly objected to due to fears that women would lose privilege and
protections such as exemption from compulsory military service
Amendments Process: two-thirds supermajority in both Houses of Congress as
well as ratified by three-fourths of all state legislators
Confirmation hearing of Brett Kavanagh in 2018 = significant widespread public
debate and protest considering his allegations of sexual misconduct
Senate’s handling of the confirmation process = questioned
2023 Covenant School shooting in Nashville
George W Bush won the 2000 Presidential Election by 271-266 on the Electoral
College, despite losing the popular vote to Al Gore by over 500,000
Trump won the 2016 Presidential Election by 306-232 on the Electoral College,
despite losing the popular vote to Hillary Clinton by over 1,300,000
3
